Revised Service Standards for Market-Dominant Mail Products, 31190-31200 [2012-12564]
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31190
Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Rules and Regulations
TABLE 1 TO § 165.151—Continued
• Location: Waters of Gardiner Bay, Shelter Island, NY in approximate
position 41°04′39.11″ N, 072°22′01.07″ W (NAD 83).
7.35
Groton Long Point Yacht Club Fireworks ......................................
•
•
•
•
Date: Saturday, July 14, 2012.
Rain date: Sunday, July 15, 2012.
Time: 8:30 p.m. to 10:30 p.m.
Location: Waters of Long Island Sound, Groton, CT in approximate
position 41°18′05″ N, 072°02′08″ W (NAD 83).
8.0
August
8.2
Port Washington Sons of Italy Fireworks ........................................
• Date: Sunday, September 9, 2012.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: Waters of Hempstead Harbor off Bar Beach, North Hempstead, NY in approximate position 40°49′48.04″ N, 073°39′24.32″ W
(NAD 83).
8.6
Town of Babylon Fireworks .............................................................
•
•
•
•
Date: Saturday, August 25, 2012.
Rain date: Sunday, August 26, 2012.
Time: 8:30 p.m. to 10:30 p.m.
Location: Waters off of Cedar Beach Town Park, Babylon, NY in approximate position 40°37′53″ N, 073°20′12″ W (NAD 83).
9.0
9.1
September
East Hampton Fire Department Fireworks ......................................
•
•
•
•
Date: Saturday, September 1, 2012.
Rain date: Sunday, September 2, 2012.
Time: 8:30 p.m. to 10:30 p.m.
Location: Waters off Main Beach, East Hampton, NY in approximate
position 40°56′40.28″ N, 072°11′21.26″ W (NAD 83).
TABLE 2 TO § 165.151
Swim Across the Sound ..................................................................
• Date: Saturday, July 28, 2012.
• Time: 8:30 a.m. to 6:30 p.m.
• Location: Waters of Long Island Sound, Port Jefferson, NY to Captain’s Cove Seaport, Bridgeport, CT in approximate positions
40°58′11.71″ N 073°05′51.12″ W, north-westerly to the finishing point
at Captain’s Cove Seaport 41°09′25.07″ N, 073°12′47.82″ W (NAD
83).
1.3
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1.1
Maggie Fischer Memorial Great South Bay Cross Bay Swim ........
• Date: Friday, July 20, 2012.
• Time: 7 a.m. to 11 a.m.
• Location: Waters of the Great South Bay, NY. Starting Point at the
Fire Island Lighthouse Dock in approximate position 40°38′01″ N,
073°13′07″ W, northerly through approximate points 40°38′52″ N,
073°13′09″ W, 40°39′40″ N, 073°13′30″ W, 40°40′30″ N, 073°14′00″
W, and finishing at Gilbert Park, Brightwaters, NY at approximate position 40°42′25″ N, 073°14′52″ W (NAD 83).
Under the provisions of 33 CFR
100.100 & 33 CFR 165.151, the fireworks
displays, swimming event and regatta
listed above are established as safety
zones or special local regulations.
During these enforcement periods,
persons and vessels are prohibited from
entering into, transiting through,
mooring, or anchoring within the safety
zones or special local regulations unless
they receive permission from the COTP
or designated representative.
This notice is issued under authority
of 33 CFR part 100, 33 CFR part 165 and
5 U.S.C. 552(a). In addition to this
notice in the Federal Register, the Coast
Guard will provide the maritime
community with advance notification of
this enforcement period via the Local
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Notice to Mariners or marine
information broadcasts. If the COTP
determines that a regulated area need
not be enforced for the full duration
stated in this notice, a Broadcast Notice
to Mariners may be used to grant general
permission to enter the regulated area.
POSTAL SERVICE
Dated: May 10, 2012.
J. M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
ACTION:
[FR Doc. 2012–12563 Filed 5–24–12; 8:45 am]
BILLING CODE 9110–04–P
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39 CFR Part 121
Revised Service Standards for MarketDominant Mail Products
AGENCY:
Postal ServiceTM.
Final rule with phased
implementation dates.
The Postal Service is revising
the service standards for marketdominant mail products, as part of its
Network Rationalization initiative.
Some portions of the new standards will
be implemented in two phases.
SUMMARY:
Effective date: July 1, 2012.
Please see SUPPLEMENTARY INFORMATION
DATES:
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section for phased implementation
dates.
FOR FURTHER INFORMATION CONTACT:
Wendy Hocking, Industry Engagement
and Outreach, at 202–268–8149.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction.
II. Comments.
III. Decision To Conduct Phased
Implementation.
IV. Response to Comments.
V. Statutory Considerations.
VI. Explanation of Final Rules.
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I. Introduction
On September 21, 2011, the Postal
Service published an advance notice of
proposed rulemaking (the Advance
Notice) in the Federal Register to solicit
public comment on a conceptual
proposal to revise service standards for
market-dominant products.1 After
considering comments received in
response to the Advance Notice, the
Postal Service decided to develop the
concept into a concrete proposal,
termed Network Rationalization. The
basic logic of Network Rationalization is
that falling mail volumes and the
resultant excess capacity in the Postal
Service’s mail processing network
necessitate a major consolidation of the
network, and this task in turn is
contingent on revisions to service
standards, particularly the overnight
standard for First-Class Mail.
On December 5, 2011, the Postal
Service submitted a request to the Postal
Regulatory Commission (PRC) for an
advisory opinion on the service changes
associated with Network
Rationalization, in accordance with 39
U.S.C. 3661(b).2 On December 15, 2011,
the Postal Service published proposed
revisions to its market-dominant service
standards in the Federal Register and
sought public comment (the Proposed
Rulemaking).3 The comment period for
the Proposed Rulemaking closed on
February 13, 2012.
Having considered comments
responsive to the Proposed Rulemaking,
informal advice that the Postal Service
has received through other channels,
and the results of its market research,
the Postal Service has decided to
implement Network Rationalization in a
1 Proposal To Revise Service Standards for FirstClass Mail, Periodicals, and Standard Mail, 76 FR
58433 (Sept. 21, 2011).
2 PRC Docket No. N2012–1, Request of the United
States Postal Service for an Advisory Opinion on
Changes in the Nature of Postal Services (Dec. 5,
2011). Documents pertaining to the Request are
available at the PRC Web site, https://www.prc.gov.
3 Service Standards for Market-Dominant Mail
Products, 76 FR 77942 (Dec. 15, 2011).
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phased manner. The Postal Service
believes that the initiative will help
ensure its long-term viability, and that
it complies with all applicable statutory
requirements. This Notice explains the
new rules and their phased
implementation.
II. Comments
The Postal Service received 101
written comments in response to the
Proposed Rulemaking. These responses
came from a variety of sources,
including retail and residential
customers, businesses, periodicals
publishers, mailer trade associations,
postal unions, members of Congress,
and others. As was the case for the
Advance Notice, the majority of written
comments received in response to the
Proposed Rulemaking opposed Network
Rationalization. Some commenters
questioned various aspects of the
initiative but ultimately supported it. A
few supported it without reservation.
Commenters focused on the following
concerns. They stated that the
lengthened service standards would
unreasonably burden many customers.
They said, for example, that rural
customers who depend on the Postal
Service for vital deliveries, such as
prescription medicines and paychecks,
would be hurt, that businesses that
receive remittance mail would suffer
financial losses, and that periodicals
would see their subscriptions decline.
Commenters feared that the proposal
could delay mailed election ballots from
reaching their destinations, potentially
causing some ballots not to be counted.
Some mailers stated that it would not be
possible for them to meet the new
Critical Entry Times set forth in the
Proposed Rulemaking. Overall, many
commenters cautioned that Network
Rationalization could accelerate mail
volume declines, with customers
abandoning the postal system for
electronic alternatives. Accordingly,
they suggested that the Postal Service
achieve financial stability through other
means, such as eliminating discounts,
shifting to five-day or even three-day
delivery, and seeking legislative relief
from having to prefund the Retiree
Health Benefits Fund.
Some commenters did not oppose the
proposal but nevertheless questioned
aspects of its planning, communication,
and implementation. This was
especially true for businesses and larger
customers. For example, some
characterized the Postal Service’s
current performance in meeting service
standards as poor, and they wondered
whether the Postal Service would
improve performance under the new
standards. Others expressed skepticism
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as to the Postal Service’s ability to
achieve its projected cost reductions.
Moreover, they inferred that the
initiative would shift costs to mailers,
and asked why the Postal Service had
not analyzed such cost impacts.
Commenters also pointed out that
increased costs to customers and
decreased service levels are analogous
to price increases. Some mailers
expressed concerns about potentials for
loading dock shortages and longer
waiting times at mail entry locations,
given the smaller number of mail
processing facilities after
implementation of Network
Rationalization.
More generally, some commenters
stated that the proposed implementation
dates are too early, and they questioned
the prudence of the Postal Service
implementing the initiative before
receiving the PRC’s advisory opinion. In
addition, some criticized the Postal
Service’s communication of its plans,
particularly of details such as new
mailing eligibility and software
requirements.
A small minority of written comments
supported Network Rationalization
without reservation, encouraging the
Postal Service to take whatever steps are
necessary for it to remain a viable, selfsupporting entity. One commenter
noted that Network Rationalization
could provide significant cost savings
and could improve the attributable cost
coverage of the Periodicals class of mail.
In addition to the written comments,
the Postal Service received informal
opinions and advice from commercial
mailers, mailer associations, and
members of Congress. The mailers and
associations mostly supported Network
Rationalization, while Congressional
opinion was mixed.
III. Decision To Conduct Phased
Implementation
After considering the formal
rulemaking comments, the range of
other informal advice it has received,
and the results of its market research,
and after considering the requirements
of 39 U.S.C. 3691 and other applicable
provisions of title 39, the Postal Service
has determined to implement Network
Rationalization, but on a more gradual
timeline than it initially envisioned.
The Postal Service is adopting new rules
for market-dominant service standards,
with an interim version that will apply
from July 1, 2012, through January 31,
2014, and a final version that will apply
on February 1, 2014, and thereafter.
From the outset, the Postal Service has
understood that implementation of
Network Rationalization will require
more than one year. The phased
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application of the new rules
accommodates this reality and also
provides the Postal Service with enough
flexibility that, should subsequent
events or changed circumstances so
warrant, the Postal Service will be able
to revisit the final version before
February 1, 2014, and amend or
withdraw it, as appropriate, through a
new notice-and-comment rulemaking.
On July 1, 2012, coinciding with the
effectiveness of the interim version of
the new rules, the Postal Service will
begin implementing the first phase of
Network Rationalization. It will suspend
Phase One from September 1, 2012,
through December 31, 2012, to avoid
disrupting the fall election and holiday
mailing cycles, and resume it thereafter.
The Postal Service will begin
implementing the second phase on
February 1, 2014, coincident with the
application of the final version of the
new rules.
The interim version of the new rules
differs from the final version in three
respects: (1) The interim version applies
an overnight service standard to all
intra-Sectional Center Facility (SCF)
First-Class Mail, regardless of the point
of entry or level of preparation, whereas
the final version applies it only to intraSCF First-Class Mail pieces that are
entered at the SCF and meet specified
preparation and entry time
requirements; (2) the interim version
applies a two-day service standard to
First-Class Mail pieces if there is a sixhour or less driving time between the
pieces’ origin Processing and
Distribution Center or Facility (P&DC/F)
and destination Area Distribution
Center (ADC), whereas the final version
applies it if there is a six-hour or less
driving time between the pieces’ origin
P&DC/F and destination SCF; and (3)
the interim version modifies the
delivery day range for end-to-end
Periodicals in the contiguous forty-eight
states from the current one to nine days
to two to nine days, while the final
version modifies it further to three to
nine days (under both the interim and
final versions, there will continue to be
an overnight service standard for
qualifying destination-entry
Periodicals).
Operationally, the principal benefit of
the new rules is that they will allow the
Postal Service to expand its nightly
processing window, smoothing out the
peak volume load over more of the
workday, thereby reducing the number
of processing locations needed in the
network. Presently, the Postal Service’s
delivery point sequencing (DPS)
operations are generally run for six and
one-half hours per day, from 12:30 a.m.
to 7 a.m. Once implementation of Phase
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One is complete, the DPS window will
expand to up to ten hours, from 8 p.m.
to 6 a.m. This change will facilitate the
consolidation of the mail processing
operations of approximately 140
facilities. Then, once implementation of
Phase Two is complete, the DPS
window will expand to up to sixteen
hours, from 12 p.m. to 4 a.m. This will
make possible the consolidation of the
mail processing operations of
approximately 230 facilities (inclusive
of the approximately 140 consolidated
in Phase One).
As discussed in the sections below,
the Postal Service is convinced that
Network Rationalization is vital to its
long-term viability. At the same time,
the Postal Service is well aware that
sudden changes to systems as complex
as its mail processing network can
precipitate unintended consequences.
Accordingly, the Postal Service has
decided on the extended, phased
implementation schedule outlined
above to help ensure that Network
Rationalization proceeds in a steady,
measured fashion, with a minimal level
of disruption.
Of course, the Postal Service’s phased
implementation schedule by its nature
builds in time for additional
deliberation and consideration. As
noted above, the Postal Service
recognizes the possibility that
subsequent events or changed
circumstances could cause it at a future
date to revisit the final version of the
new rules that will apply beginning on
February 1, 2014, and to alter or
withdraw those rules through a new
notice-and-comment rulemaking. At this
time, however, the Postal Service
expects to implement the new rules and
Network Rationalization as set forth in
this Notice.
IV. Response to Comments
As the Postal Service implements
Network Rationalization, it will remain
mindful of the concerns expressed by
commenters and will work to minimize
those concerns. In response to
commenters who stated that Network
Rationalization may lead to accelerated
volume declines, the Postal Service
notes that the initiative is largely
focused on First-Class Mail, a mail class
that has seen and will continue to see
significant volume declines. These
declines are linked, in large part, to
electronic diversion, a secular trend that
is outside the Postal Service’s control.
The Postal Service has conducted
market research to estimate the
additional volume that could be lost due
to Network Rationalization, and it
believes that the estimated losses are
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acceptable when compared to the
initiative’s likely benefits.
The Postal Service observes that the
alternatives proposed by commenters
would not, by themselves, restore the
Postal Service to lasting financial
viability. Furthermore, many of the
suggested alternatives require the
enactment of legislation. The Postal
Service has diligently sought such
legislation, particularly with regard to
the Retiree Health Benefits Fund and
five-day delivery, but progress has been
slow, and the prospects for timely
enactment, if any, remain unclear. On
the revenue front, customers have
strongly opposed the Postal Service’s
pursuit of an exigent rate increase, and
the PRC has thus far rejected it. As for
cost reductions outside of Network
Rationalization, the Postal Service is
pursuing other cost-saving initiatives
simultaneously with Network
Rationalization, but neither Network
Rationalization nor any of the other
initiatives is sufficient in itself to secure
the Postal Service’s financial stability.
Rather, they are all necessary. And, even
in the realm of mail processing, the
Postal Service has continually pursued
consolidation opportunities wherever
feasible, but it is now reaching the limit
of consolidations that can be effected
without altering service standards
nationwide.
Though it is true that Network
Rationalization will burden some
customers, most of these burdens can be
minimized through relatively minor
changes on the part of customers. For
example, pharmaceutical companies can
minimize gaps in prescription
fulfillment by continuing to remind
customers to place their refill orders in
a timely manner. Likewise, customers
who mail bill payments and are
concerned that their payments may
arrive late can mail their payments one
or two days earlier than they do now.
In addition, businesses that rely on
remittance mail can still obtain
overnight First-Class Mail service for
their outgoing mail by meeting the new
preparation and entry requirements
outlined in Section VI below, and they
can speed their receipt of incoming mail
by using Caller Service at the
destinating processing facility. Indeed,
the Postal Service expects overnight
Caller Service at destinating processing
facilities to improve, given the larger
mail processing operating windows.
The Postal Service believes that its
cost savings estimates for Network
Rationalization are, generally speaking,
somewhat conservative, and it is
confident that it can achieve the
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savings.4 It also recognizes that the
initiative will cause additional costs for
some customers, as most major service
changes do. In the Advance Notice, the
Postal Service requested that customers
provide information on ‘‘the nature and
extent of costs or savings they might
experience,’’ including ‘‘empirical data
supporting any cost-benefit analysis.’’
The Postal Service did not receive any
responsive information, and it does not
itself possess such information.
Furthermore, the Postal Service
would point out that the decision to
pursue Network Rationalization does
not hinge on a particular level of savings
in the short term. Rather, the initiative
is driven substantially by the reality that
falling mail volumes have created
significant excess capacity in the Postal
Service’s mail processing network.
Network Rationalization is aimed at
realigning the network with current
mail volume trends. As time goes on,
and mail volumes continue to decline,
the cost savings will grow.
In response to mailers’ concerns about
potentials for loading dock shortages
and longer waiting times at mail entry
locations, the Postal Service will expand
appointment windows at facilities and
modify volume restrictions. Further, the
Postal Service plans to retain all current
business mail entry units (BMEUs) for
the time being. Should the Postal
Service decide to relocate or consolidate
any BMEU operations, it will notify
mailers 120 days beforehand, and it will
relocate or consolidate the units to
nearby locations that minimize impacts
on mailers. As the Postal Service moves
forward with implementation, it is
committed to communicating any
changes simply and clearly.
Finally, with respect to the Postal
Service’s decision to move forward with
Network Rationalization before
receiving the PRC’s advisory opinion, it
is notable that the Postal Service filed
its advisory opinion request more than
160 days before the publication of this
Notice and more than 200 days before
the July 1, 2012, implementation date.
The PRC’s rules require that such
requests be filed at least ninety days
before implementation.5 The time
between the filing of the Postal Service’s
request and the implementation of
Phase One has provided the PRC with
a reasonable period within which to
issue an opinion. It appears now,
however, that the PRC will not be able
to issue an opinion before Phase One
4 One
reason for the estimates’ conservatism is
that the underlying calculations hew to PRC
methodologies, some of which incorporate
assumptions that are, in the Postal Service’s view,
unrealistic.
5 39 CFR 3001.72.
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implementation commences.
Nevertheless, the ongoing proceedings
have enhanced the Postal Service’s
deliberations, and, given the extended
implementation schedule that the Postal
Service has adopted, the PRC’s advisory
opinion, when issued, can still provide
valuable guidance to postal management
during the implementation process.
V. Statutory Considerations
In addition to considering comments,
the Postal Service has considered the
requirements of 39 U.S.C. 3691 and
other applicable provisions of title 39.
Section 3691(b) sets forth objectives that
the Postal Service’s market-dominant
service standards must serve, and
Section 3691(c) sets forth factors that
the Postal Service must take into
account when revising the service
standards. The Postal Service believes
that it has properly considered the
subsection (c) factors, and that the
revised service standards achieve the
subsection (b) objectives.
Since the passage of the Postal
Reorganization Act (PRA), the Postal
Service has been required to be largely
self-supporting. The PRA established a
cost-of-service system, which allowed
the Postal Service to set prices at levels
necessary to fully cover its costs. This
system was dramatically altered in 2006
with the passage of the Postal
Accountability and Enhancement Act
(PAEA). In contrast to the PRA, the
PAEA established a price cap system,
with strict limitations on price increases
for market-dominant product classes. As
the PRC has observed, a primary goal of
the price cap system is ‘‘to incent the
Postal Service to reduce costs and
improve efficiency.’’ 6
Section 3691 is situated within this
larger context of inducing efficiency
gains, and the subsection (c) factors are
aligned with that goal in that, taken
together, they balance levels of service
for customers with the Postal Service’s
operational and business needs. From
the formal rulemaking comments that
the Postal Service has received, it is
clear that some customers view the
current service standards as vitally
important, and that some customers
would experience difficulties if service
standards are lengthened. On a broader
level, however, it appears that the
public as a whole does not view the
current service standards as an essential
element of the mail.
The Postal Service has conducted
market research into potential consumer
and business reactions to the proposed
6 PRC Docket No. R2010–4, Order No. 547 (Sept.
30, 2010), at 80.
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service standard changes.7 Most of the
surveyed consumers and small
businesses stated that the service
standard changes would have a limited
impact on their mailing behavior.
Importantly, these customers believed
that they could easily adapt to the
proposed changes by, among other
things, mailing earlier than they do
now. Moreover, many customers were
unaware of the current service
standards, and mistakenly believed that
the current service standards are of
longer duration than they actually are.
Larger commercial mailers were also
accepting of the service standard
changes and generally indicated that
they would be able to adapt. Of course,
some commercial mailers, such as
remittance mailers, have a significant
financial interest in sustained local
overnight First-Class Mail service. The
new rules make it possible for many of
them to retain such service.
In its market research, and through its
ongoing dialogue with mailers, the
Postal Service found that most
consumers and businesses would not
prefer a significant price increase in lieu
of the proposed service standard
changes. Thus, their views seem to align
with the PAEA’s overall framework of
limiting price increases to induce
efficiency gains. Overall, then, while the
revised service standards will burden
some customers, it appears that they
will satisfy most customers’ mailing
needs and will be broadly acceptable to
the mailing public.
In regard to the subsection (c) factors
that relate to the Postal Service’s
operational and business needs, the
Postal Service has already set forth, in
the Proposed Rulemaking, the mail
volume and financial realities that
necessitate Network Rationalization.
Annual First-Class Mail volume peaked
in 2001 at 103.7 billion pieces, and
since then it has fallen by about 30
billion pieces, or 29 percent. Because
the Postal Service’s mail processing
network was principally designed to
achieve First-Class Mail service
standards, the decline in First-Class
Mail volume has made it difficult for the
Postal Service to consolidate the
network quickly enough to align with
current volumes. The Postal Service
expects the declines to continue into the
foreseeable future, with First-Class Mail
forecast to drop from 74 billion pieces
in 2011 to 39 billion pieces in 2020, a
7 See PRC Docket No. N2012–1, Direct Testimony
of Rebecca Elmore-Yalch on Behalf of the United
States Postal Service (USPS–T–11) (Dec. 5, 2011);
and PRC Docket No. N2012–1, Direct Testimony of
Greg Whiteman on Behalf of the United States
Postal Service (USPS–T–12) (Dec. 5, 2011),
available at https://www.prc.gov.
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further 47 percent decline. Over this
time, the number of addresses that the
Postal Service serves will only grow,
meaning that the Postal Service’s
revenue per delivery point will fall
significantly. It is imperative, then, for
the Postal Service to streamline its mail
processing network.
The Postal Service believes that the
revised service standards are designed
to achieve the Section 3691(b)
objectives. First-Class Mail and
Periodicals should retain most of their
value to customers, because the service
standards for most such mail will
increase by only one day. Further, the
network consolidations made possible
by the service standard changes will
result in a more nimble and sustainable
Postal Service. The stability of the
Postal Service should, to some degree,
enhance the value of First-Class Mail
and Periodicals, by allowing customers
to depend on the affordability of these
products into the foreseeable future.
Network Rationalization will also
help improve the Postal Service’s
performance in meeting service
standards, by significantly enlarging the
daily mail processing operating
window. While the speed of delivery of
First-Class Mail and Periodicals will
diminish, somewhat reducing the value
of the mail, this should be mitigated to
some extent by the enhanced reliability
of the service standards.
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VI. Final Revisions to Service
Standards
The Postal Service’s market-dominant
service standards are contained in 39
CFR Part 121. The new version of 39
CFR part 121 appears at the end of this
Notice. The following is a summary of
the revisions.
A. Service Standards Generally
The service standards contained in 39
CFR Part 121 for each mail class can be
divided into two elements: (1) A
delivery day range within which all
mail in a given class is expected to be
delivered; 8 and (2) business rules that
determine the specific number of
delivery days for each mail piece.
Business rules are based on Critical
Entry Times (CETs). The CET is the
latest time on a particular day that a
mail piece can be entered into the postal
network and still have its service
standard calculated based on that day
(this day is termed ‘‘day-zero’’). In other
words, if a piece is entered before the
CET, its service standard is calculated
from the day of entry, whereas if it is
8 There are separate delivery day ranges for mail
within the contiguous forty-eight states and mail
that originates or destinates outside the contiguous
forty-eight states.
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entered after the CET, its service
standard is calculated from the
following day.9 For example, if the
applicable CET is 5:00 p.m., and a letter
is entered at 4:00 p.m. on a Tuesday, its
service standard will be calculated from
Tuesday, whereas if the letter is entered
at 6:00 p.m. on a Tuesday, its service
standard will be calculated from
Wednesday.
CETs are not contained in 39 CFR Part
121, because they vary based on where
mail is entered, the mail’s level of
preparation, and other factors. The CETs
at retail collection points are generally
listed at those points. For example, blue
collection boxes list the time of day
when mail is collected from them by the
Postal Service; if a blue collection box
lists three pick-up times on one day, the
CET for that day is the latest listed pickup time.
The Postal Service will institute
several new CETs on February 1, 2014,
when the final version of the new rules
begin application, as described below.
Of course, the CETs could be modified
again in the future, as the operating
environment that the Postal Service
faces evolves.
B. First-Class Mail
The Postal Service is not changing the
general delivery day ranges for FirstClass Mail. The delivery day range for
First-Class Mail that originates and
destinates in the contiguous forty-eight
states will remain one to three days, and
the delivery day range for First-Class
Mail that originates or destinates in
Alaska, Hawaii, American Samoa,
Guam, Puerto Rico, or the U.S. Virgin
Islands will remain one to five days.
The Postal Service is, however,
changing the First-Class Mail business
rules.
1. Overnight Rule
Under the current overnight business
rule for First-Class Mail, the overnight
service standard is applied to all intraSCF mail, as well as to some inter-SCF
mail pieces if a specified minimum
level of mail volume regularly flows
between the pieces’ origin and
destination SCFs.10 Under the interim
version of the overnight business rule,
the overnight service standard will be
9 If the following day is a Sunday or holiday, the
service standard is calculated from the next Postal
Service delivery day.
10 The current overnight rule has an exception
that excludes from overnight service some mail
outside the contiguous forty-eight states,
specifically: mail between Puerto Rico and the U.S.
Virgin Islands; and mail originating and destinating
in the Alaska 3-digit ZIP Codes 996, 997, 998, and
999, and in the Alaska 5-digit ZIP Codes 99540 to
99591.
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applied only to intra-SCF mail.11 It will
no longer apply to any inter-SCF mail.12
Under the final version of the
overnight business rule for First-Class
Mail, the overnight service standard will
be applied only to intra-SCF Presort
mail that is entered at the actual SCF.
The overnight service standard will not
apply to mail that is entered anywhere
other than the designated SCF, nor will
it apply to mail that does not meet all
of the preparation requirements for
Presort mail. Pursuant to these
revisions, the overnight service standard
for First-Class Mail will no longer apply
to mail sent by retail customers,
regardless of where they enter the
mail.13
On February 1, 2014, when the final
version of the rule takes effect, the CET
at the SCF will become 8 a.m., with a
12 p.m. exception that will be available
only to intra-SCF Presort First-Class
Mail that is sorted and containerized to
the 5-digit ZIP Code or 5-digit scheme
level.
2. Two-Day Rule
Under the current two-day business
rule for First-Class Mail, a two-day
service standard is applied to mail
pieces for which the driving time
between the applicable P&DC/F and
ADC is twelve hours or less. The interim
version of the two-day business rule
will revise this metric to six hours. The
final version will revise it to six hours
between the applicable P&DC/F and
SCF.14
3. Three-, Four-, and Five-Day Rules
The current three-, four-, and five-day
service standards for First-Class Mail
will remain unchanged. All First-Class
Mail that qualifies for a two-day service
standard under the current two-day
business rule, but does not qualify for a
11 The new overnight rule will expand the
exception described in footnote 10, id., to include
American Samoa and the Alaska 5-digit ZIP Codes
99592 to 99599. These ZIP Codes are currently
unassigned, but they may be assigned in the future.
12 Both the current and new rules use the terms
‘‘intra-SCF’’ and ‘‘inter-SCF’’ as they are defined in
the Domestic Mail Manual (DMM). So, with respect
to a particular SCF, intra-SCF mail is mail that
originates and destinates within the 3-digit ZIP
Code areas assigned to that SCF in the DMM, while
inter-SCF mail is mail that originates or destinates
outside those 3-digit ZIP Code areas.
13 Some First-Class Mail pieces entered by retail
customers may, under limited circumstances,
continue to receive overnight service, but the
applicable service standard will not be overnight.
14 After the Phase Two consolidations, the Postal
Service will be able to sort First-Class Mail at the
origin to the SCF level, which is typically closer to
the destination of the mail piece than the ADC
level. Therefore, mail will generally bypass ADCs
and be transported directly to SCFs. It is for this
reason that the final version of the two-day business
rule measures the driving time based on the
destination SCF.
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two-day standard under the new rule,
will qualify for a three-day standard.
4. First-Class Mail International
The new domestic service standards
for First-Class Mail International will
mirror the new service standards for
domestic First-Class Mail, just as the
current domestic service standards for
First-Class Mail International mirror the
current service standards for domestic
First-Class Mail.
C. Periodicals
The Postal Service is changing the
delivery day range for end-to-end
Periodicals mailed within the
contiguous forty-eight states, from the
current one to nine days, to two to nine
days in the interim version of the new
rules, and three to nine days in the final
version. The Postal Service is also
changing the delivery day range for endto-end Periodicals that originate or
destinate outside the contiguous fortyeight states, from the current one to
twenty days, to two to twenty-six days
in the interim version, and three to
twenty-six days in the final version.15
The Postal Service is changing the
delivery day range for destination-entry
Periodicals mailed within the
contiguous forty-eight states, from the
current one to two days, to one to three
days in both the interim and final
versions. The Postal Service is changing
the delivery day range for destinationentry Periodicals that originate or
destinate outside the contiguous fortyeight states, from the current one to
seven days, to one to eleven days in
both the interim and final versions.16
The changes to the Periodicals
business rules are described below.
There are separate business rules for
end-to-end Periodicals and destinationentry Periodicals.
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1. End-to-End Periodicals
Under the current overnight business
rule for end-to-end Periodicals, an
overnight service standard applies to
intra-SCF mail for which the origin
P&DC/F and SCF are located in the same
building. The new rules will not apply
15 The proportion of mail affected by this change
is less than one percent of total mail volume. The
change is being made so that the rules more
accurately reflect, and better inform customers of,
the actual service that the Postal Service’s network
is presently capable of providing for such mail.
Outside the contiguous forty-eight states, mail is
often dependent on transportation that does not run
daily (e.g., some boat and air-taxi services used by
the Postal Service operate only on certain days of
the week). For this reason, the service accorded to
such mail varies widely and is often longer than
stated in the current service standards.
16 See id. for why this change is being made. The
proportion of mail affected is less than one percent
of total mail volume.
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Jkt 226001
an overnight service standard to any
end-to-end Periodicals (though they will
apply an overnight standard to
qualifying destination-entry Periodicals,
as described below).
The current two- to four-day business
rule covers most end-to-end Periodicals
mail pieces that are mailed within the
contiguous forty-eight states and do not
qualify for the overnight service
standard.17 The rule calculates the
specific standard for each such piece by
adding one day to the comparable FirstClass Mail service standard that the
piece would qualify for if it were a FirstClass Mail piece. The interim version of
this rule will remain two to four days,
but the final version will be three to four
days, as a result of the reduced scope of
the overnight First-Class Mail service
standard.
The current five- to nine-day business
rule covers end-to-end Periodicals mail
pieces that are mailed within the
contiguous forty-eight states, do not
qualify for the overnight service
standard, and cannot be merged with
First-Class Mail. This rule will be
retained.
The remaining business rules for endto-end Periodicals cover mail pieces
originating or destinating outside the
contiguous forty-eight states. In the new
business rules for these pieces, the
current eight- to twenty-day service
standard will become a twelve- to
twenty-six day service standard, to more
accurately reflect, and better inform
customers of, the service that the Postal
Service’s network is presently capable
of providing for mail outside the
contiguous forty-eight states. The other
end-to-end service standards for these
pieces will not change.
2. Destination-Entry Periodicals
The new rules make three significant
changes to the service standards for
destination-entry Periodicals. First, they
revise the overnight service standard to
exclude Periodicals entered at Network
Distribution Centers (NDCs) and
Auxiliary Service Facilities (ASFs). This
revision is being made to reflect the
capabilities of the Postal Service’s
transportation network.
Second, the new rules revise the
seven-day service standard to an elevenday service standard. And third, the
new rules revise the five- to eight-day
service standard to an eight- to elevenday service standard. The second and
third changes are being made so that the
rules more accurately reflect, and better
inform customers of, the service that the
17 Mail pieces qualify for this rule based on
whether they can be merged with First-Class Mail,
as determined by criteria set forth in the DMM.
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31195
Postal Service’s network is presently
capable of providing.
On February 1, 2014, the CETs for
destination-entry Periodicals at facilities
that do not employ the Flats Sequencing
System (FSS) will change from 4 p.m.
for mailings that require a bundle sort,
and 5 p.m. for mailings that do not
require a bundle sort, to 11 a.m. and 2
p.m., respectively. The CETs at FSS
facilities will not change.
D. Standard Mail and Package Services
The new rules do not revise the
service standards for Standard Mail and
Package Services pieces mailed within
the contiguous forty-eight states. They
do, however, revise service standards
for pieces that originate or destinate
outside the contiguous forty-eight states,
to more accurately reflect the service
that the Postal Service’s network is
presently capable of providing.18 The
new rules revise Standard Mail’s
maximum delivery expectation from the
current twenty-two days to twentyseven days. Within the business rules,
they revise the end-to-end nine- to
twenty-two-day service standard to
twelve to twenty-seven days, and the
destination-entry nine- to twelve-day
service standard to twelve to fourteen
days.
Likewise, the new rules revise
Package Services’ maximum delivery
expectation from the current twenty
days to twenty-six days. Within the
business rules, they revise the end-toend seven- to twenty-day service
standard to ten to twenty-six days, and
the destination-entry seven- to eight-day
service standard to eleven to twelve
days.
E. Non-Substantive Changes
Apart from the substantive changes
explained above, the Postal Service has
also reworded and reorganized portions
of rules, particularly the First-Class Mail
and Periodicals sections, in a manner
that does not change the substantive
effects of the rules but will, the Postal
Service hopes, make the rules clearer
and easier to understand.
List of Subjects in 39 CFR Part 121
Administrative practice and
procedure, Postal Service.
Accordingly, for the reasons stated,
the Postal Service adopts the following
revisions to 39 CFR Part 121:
18 The proportion of mail affected by these
changes is less than one percent of total mail
volume.
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Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Rules and Regulations
PART 121—SERVICE STANDARDS
FOR MARKET DOMINANT MAIL
PRODUCTS
1. The authority citation for 39 CFR
Part 121 continues to read as follows:
■
Authority: 39 U.S.C. 101, 401, 403, 404,
1001, 3691.
2. Section 121.1 is revised to read as
follows:
■
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§ 121.1
First-Class Mail.
(a)(1) Until February 1, 2014, a 1-day
(overnight) service standard is applied
to intra-Sectional Center Facility (SCF)
domestic First-Class Mail® pieces
properly accepted before the day-zero
Critical Entry Time (CET), except for
mail between Puerto Rico and the U.S.
Virgin Islands, mail between American
Samoa and Hawaii, and mail destined to
the following 3-digit ZIP Code areas in
Alaska (or designated portions thereof):
995 (5-digit ZIP Codes 99540 through
99599), 996, 997, 998, and 999.
(2) On and after February 1, 2014, a
1-day (overnight) service standard is
applied to intra-SCF domestic Presort
First-Class Mail pieces properly
accepted at the SCF before the day-zero
CET, except for mail between Puerto
Rico and the U.S. Virgin Islands, and
mail destined to American Samoa and
the following 3-digit ZIP Code areas in
Alaska (or designated portions thereof):
995 (5-digit ZIP Codes 99540 through
99599), 996, 997, 998, and 999.
(b)(1) Until February 1, 2014, a 2-day
service standard is applied to inter-SCF
domestic First-Class Mail pieces
properly accepted before the day-zero
CET if the drive time between the origin
Processing & Distribution Center or
Facility (P&DC/F) and destination Area
Distribution Center (ADC) is 6 hours or
less; or if the origin and destination are
separately in Puerto Rico and the U.S.
Virgin Islands; or if the origin or
destination is in American Samoa or
one of the following 3-digit ZIP Code
areas in Alaska (or designated portions
thereof): 995 (5-digit ZIP Codes 99540
through 99599), 996, 997, 998, and 999.
(2) On and after February 1, 2014, a
2-day service standard is applied to
inter-SCF domestic First-Class Mail
pieces properly accepted before the dayzero CET if the drive time between the
origin P&DC/F and destination SCF is 6
hours or less; or if the origin and
destination are separately in Puerto Rico
and the U.S. Virgin Islands; or if the
origin or destination is in American
Samoa or one of the following 3-digit
ZIP Code areas in Alaska (or designated
portions thereof): 995 (5-digit ZIP Codes
99540 through 99599), 996, 997, 998,
and 999.
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Jkt 226001
(c) A 3-day service standard is applied
to domestic First-Class Mail pieces
properly accepted before the day-zero
CET, if the 1-day and 2-day service
standards do not apply, and:
(1) Both the origin and the destination
are within the contiguous 48 states;
(2) The origin is in the contiguous 48
states, and the destination is in any of
the following: the city of Anchorage,
Alaska (5-digit ZIP Codes 99501 through
99539); the 968 3-digit ZIP Code area in
Hawaii; or the 006, 007, or 009 3-digit
ZIP Code areas in Puerto Rico;
(3) The origin is in the 006, 007, or
009 3-digit ZIP Code areas in Puerto
Rico, and the destination is in the
contiguous 48 states;
(4) The origin is in Hawaii, and the
destination is in Guam, or vice versa;
(5) The origin is in Hawaii, and the
destination is in American Samoa, or
vice versa; or
(6) Both the origin and destination are
within Alaska.
(d) A 4-day service standard is
applied to domestic First-Class Mail
pieces properly accepted before the dayzero CET, if the 1-day, 2-day, and 3-day
service standards do not apply, and:
(1) The origin is in the contiguous 48
states and the destination is in any of
the following: any portion of Alaska
other than the city of Anchorage (5-digit
ZIP Codes 99501 through 99539); any
portion of Hawaii other than the 968 3digit ZIP Code area; or the U.S. Virgin
Islands;
(2) The destination is in the
contiguous 48 states and the origin is in
Alaska, Hawaii, or the U.S. Virgin
Islands; or
(3) The origin and destination are in
different non-contiguous states or
territories, excluding mail to and from
Guam and mail between Puerto Rico
and the U.S. Virgin Islands.
(e) A 5-day service standard is applied
to all remaining domestic First-Class
Mail pieces properly accepted before the
day-zero CET.
(f) The service standard for Outbound
Single-Piece First-Class Mail
InternationalTM; pieces properly
accepted before the day-zero CET is
equivalent to the service standard for
domestic First-Class Mail pieces
originating from the same 3-digit ZIP
Code area and destined to the 3-digit
ZIP Code area in which the designated
International Service Center is located.
(g) The service standard for Inbound
Single-Piece First-Class Mail
International pieces properly accepted
before the day-zero CET is equivalent to
the service standard for domestic FirstClass Mail pieces destined to the same
3-digit ZIP Code area and originating
from the 3-digit ZIP Code area in which
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the designated International Service
Center is located.
3. Section 121.2 is revised to read as
follows:
■
§ 121.2
Periodicals.
(a) End-to-End.
(1)(i) Until February 1, 2014, a 2- to
4-day service standard is applied to
Periodicals pieces properly accepted
before the day-zero Critical Entry Time
(CET) and merged with First-Class Mail
pieces for surface transportation (as per
the Domestic Mail Manual (DMM)),
with the standard specifically equaling
the sum of 1 day plus the applicable
First-Class Mail service standard;
(ii) On and after February 1, 2014, a
3- to 4-day service standard is applied
to Periodicals pieces properly accepted
before the day-zero CET and merged
with First-Class Mail pieces for surface
transportation (as per the DMM), with
the standard specifically equaling the
sum of 1 day plus the applicable FirstClass Mail service standard.
(2) A 3-day service standard is
applied to Periodicals pieces properly
accepted before the day-zero CET if: the
origin and destination are separately in
Puerto Rico and the U.S. Virgin Islands;
or if the origin is in Alaska, the service
standards set forth in paragraphs
(a)(1)(i) and (ii) do not apply, and the
destination is in the following 3-digit
ZIP Code areas in Alaska (or designated
portions thereof): 995 (5-digit ZIP Codes
99540 through 99599), 996, 997, 998,
and 999.
(3) A 4-day service standard is
applied to Periodicals pieces properly
accepted before the day-zero CET if: the
origin and destination are separately in
Hawaii and Guam; or the origin and
destination are separately in Hawaii and
American Samoa.
(4)(i) A 5- to 8-day service standard is
applied to Periodicals pieces properly
accepted before the day-zero CET if they
originate and destinate within the
contiguous 48 states, they are not
merged with First-Class Mail pieces for
surface transportation (as per the DMM),
and the Area Distribution Center (ADC)
and Sectional Center Facility (SCF) are
co-located, with the standard
specifically equaling the sum of 4 days
plus the number of additional days
(from 1 to 4) required for surface
transportation between the applicable 3digit ZIP Code origin-destination pairs;
(ii) A 6- to 9-day service standard is
applied to Periodicals pieces properly
accepted before the day-zero CET if they
originate and destinate within the
contiguous 48 states, they are not
merged with First-Class Mail pieces for
surface transportation (as per the DMM),
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and the ADC and SCF are not colocated, with the standard specifically
equaling the sum of 5 days plus the
number of additional days (from 1 to 4)
required for surface transportation
between the applicable 3-digit ZIP Code
origin-destination pairs;
(5) A 12- to 26-day service standard is
applied to all remaining Periodicals
pieces properly accepted before the dayzero CET, with the standard specifically
equaling the sum of 5 days plus the
number of additional days (from 7 to 21)
required for intermodal (highway, boat,
air-taxi) transportation outside the
contiguous 48 states for the applicable
3-digit ZIP Code origin-destination
pairs.
(b) Destination Entry.
(1) Destination Delivery Unit (DDU)
Entered Mail. A 1-day (overnight)
service standard is applied to
Periodicals pieces that qualify for a DDU
rate and are properly accepted before
the day-zero CET at the designated
DDU.
(2) Destination Sectional Center
Facility (DSCF) Entered Mail.
(i) A 1-day (overnight) service
standard is applied to Periodicals pieces
that qualify for a DSCF rate and are
properly accepted before the day-zero
CET at the designated DSCF, except for
mail entered at the SCF in Puerto Rico
and destined to the U.S. Virgin Islands,
mail entered at the SCF in Hawaii and
destined to American Samoa, and mail
destined to the following 3-digit ZIP
Code areas in Alaska (or designated
portions thereof): 995 (5-digit ZIP Codes
99540 through 99599), 996, 997, 998,
and 999;
(ii) A 3-day service standard is
applied to Periodicals pieces that
qualify for a DSCF rate and are properly
accepted before the day-zero CET at the
designated DSCF, if the they are entered
at the DSCF in Puerto Rico and destined
to the U.S. Virgin Islands, entered at the
DSCF in Hawaii and destined to
American Samoa, or destined to the
following 3-digit ZIP Code areas in
Alaska (or designated portions thereof):
995 (5-digit ZIP Codes 99540 through
99599), 996, 997, 998, and 999.
(3) Destination Area Distribution
Center (DADC) Entered Mail.
(i) A 1-day (overnight) service
standard is applied to Periodicals pieces
that qualify for a DADC rate and are
properly accepted before the day-zero
CET at the designated DADC, if the
DADC and DSCF are co-located;
(ii) A 2-day service standard is
applied to Periodicals pieces that
qualify for a DADC rate and are properly
accepted before the day-zero CET at the
designated DADC, if the DADC and
DSCF are not co-located, unless the mail
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Jkt 226001
is entered at a DADC within the
contiguous 48 states and destined
outside the contiguous 48 states, or
entered at the DADC in Puerto Rico and
destined to the U.S. Virgin Islands, or
destined to either American Samoa or
the following 3-digit ZIP Code areas in
Alaska (or designated portions thereof):
995 (5-digit ZIP Codes 99540 through
99599), 996, 997, 998, and 999;
(iii) A 4-day service standard is
applied to Periodicals pieces that
qualify for a DADC rate and are properly
accepted before the day-zero CET at the
designated DADC, if they are entered at
the DADC in Puerto Rico and destined
to the U.S. Virgin Islands, or if they are
destined to American Samoa or the
following 3-digit ZIP Code areas in
Alaska (or designated portions thereof):
995 (5-digit ZIP Codes 99540 through
99599), 996, 997, 998, and 999;
(iv) An 11-day service standard is
applied to Periodicals pieces that
qualify for a DADC rate, are properly
accepted before the day-zero CET at the
designated DADC in the contiguous 48
states, and are destined to the 998 or
999 3-digit ZIP Code areas in Alaska.
(4) Destination Network Distribution
Center (DNDC)/Auxiliary Service
Facility (ASF) Entered Mail.
(i) A 2-day service standard is applied
to Periodicals pieces that qualify for a
DADC containerized rate, are properly
accepted before the day-zero CET at the
designated DNDC or ASF in the
contiguous 48 states, and are destined
within the contiguous 48 states, if the
DADC and DSCF are co-located;
(ii) A 3-day service standard is
applied to Periodicals pieces that
qualify for a DADC containerized rate,
are properly accepted before the dayzero CET at the designated DNDC or
ASF in the contiguous 48 states, and are
destined within the contiguous 48
states, if the DADC and DSCF are not colocated;
(iii) An 8- to 10-day service standard
is applied to Periodicals pieces that
qualify for a DADC containerized rate,
are properly accepted before the dayzero CET at the designated DNDC or
ASF in the contiguous 48 states, and are
destined outside the contiguous 48
states, if the DADC and DSCF are colocated, with the specific standard being
based on the number of days required
for transportation outside the
contiguous 48 states;
(iv) A 9- to 11-day service standard is
applied to Periodicals pieces that
qualify for a DADC containerized rate,
are properly accepted before the dayzero CET at the designated DNDC or
ASF in the contiguous 48 states, and are
destined outside the contiguous 48
states, if the DADC and DSCF are not co-
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31197
located, with the specific standard being
based on the number of days required
for transportation outside the
contiguous 48 states.
4. Section 121.3 is revised to read as
follows:
■
§ 121.3
Standard Mail.
(a) End-to-End. (1) The service
standard for Sectional Center Facility
(SCF) turnaround Standard Mail® pieces
accepted at origin before the day-zero
Critical Entry Time is 3 days when the
origin Processing & Distribution Center/
Facility (OPD&C/F) and the SCF are the
same building, except for mail between
the territories of Puerto Rico and the
U.S. Virgin Islands.
(2) The service standard for Area
Distribution Center (ADC) turnaround
Standard Mail pieces accepted at origin
before the day-zero Critical Entry Time
is 4 days when the OPD&C/F and the
ADC are the same building, unless the
ADC is in the contiguous 48 states and
the delivery address is not, or the mail
is between Puerto Rico and the U.S.
Virgin Islands, or the mail is between
Hawaii and American Samoa.
(3) The service standard for intraNetwork Distribution Center (NDC)
Standard Mail pieces accepted at origin
before the day-zero Critical Entry Time
is 5 days for each remaining 3-digit ZIP
Code origin-destination pair within the
same Network Distribution Center
service area if the origin and destination
are within the contiguous 48 states; the
same standard applies to mail that is
intra-Alaska or between the state of
Hawaii and the territory of Guam or
American Samoa.
(4) For each remaining 3-digit ZIP
Code origin-destination pair within the
contiguous 48 states, the service
standard for Standard Mail pieces
accepted at origin before the day-zero
Critical Entry Time is the sum of 5 or
6 days plus the number of additional
days (from 1 to 4) required for surface
transportation between each 3-digit ZIP
Code origin-destination pair.
(5) For each remaining 3-digit ZIP
Code origin-destination pair, the service
standard for Standard Mail pieces
accepted at origin before the day-zero
Critical Entry Time is the sum of 5 or
6 days plus the number of additional
days (from 7 to 21) required for
intermodal (highway, boat, air-taxi)
transportation outside the contiguous 48
states for each 3-digit ZIP Code origindestination pair.
(b) Destination Entry. (1) Standard
Mail pieces that qualify for a
Destination Delivery Unit (DDU) rate
and that are accepted before the day-
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zero Critical Entry Time at the proper
DDU have a 2-day service standard.
(2) Standard Mail pieces that qualify
for a Destination Sectional Center
Facility (DSCF) rate and that are
accepted before the day-zero Critical
Entry Time at the proper DSCF have a
3-day service standard, except for mail
dropped at the SCF in the territory of
Puerto Rico and destined to the territory
of the U.S. Virgin Islands, or mail
destined to American Samoa.
(3) Standard Mail pieces that qualify
for a Destination Sectional Center
Facility (DSCF) rate, are accepted before
the day-zero Critical Entry Time at the
SCF, and are either entered in Puerto
Rico and destined to the U.S. Virgin
Islands, or are destined to American
Samoa, have a 4-day service standard.
(4) Standard Mail pieces that qualify
for a Destination Network Distribution
Center (DNDC) rate, and that are
accepted before the day-zero Critical
Entry Time at the proper DNDC have a
5-day service standard, if both the origin
and the destination are in the
contiguous 48 states.
(5) Standard Mail pieces that qualify
for a Destination Network Distribution
Center (DNDC) rate, and that are
accepted before the day-zero Critical
Entry Time at the proper DNDC in the
contiguous 48 states for delivery to
addresses in the states of Alaska or
Hawaii or the territories of Guam,
American Samoa, Puerto Rico, or the
U.S. Virgin Islands, have a service
standard of 12–14 days, depending on
the 3-digit origin-destination ZIP Code
pair. For each such pair, the applicable
day within the range is based on the
number of days required for
transportation outside the contiguous 48
states.
5. Section 121.4 is revised to read as
follows:
■
wreier-aviles on DSK5TPTVN1PROD with RULES
§ 121.4
Package Services.
(a) End-to-End. (1) The service
standard for Sectional Center Facility
(SCF) turnaround Package Services mail
accepted at the origin SCF before the
day-zero Critical Entry Time is 2 days
when the origin Processing &
Distribution Center/Facility and the SCF
are the same building, except for mail
between the territories of Puerto Rico
and the U.S. Virgin Islands, and mail
destined to American Samoa.
(2) The service standard for intraNetwork Distribution Center (NDC)
Package Services mail accepted at origin
VerDate Mar<15>2010
14:21 May 24, 2012
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before the day-zero Critical Entry Time
is 3 days, for each remaining (non-intraSCF) 3-digit ZIP Code origin-destination
pair within a Network Distribution
Center service area, where the origin
and destination is within the contiguous
48 states and is not served by an
Auxiliary Service Facility; and for mail
between the territories of Puerto Rico
and the U.S. Virgin Islands, and for mail
destined to American Samoa.
(3) The service standard for intraNetwork Distribution Center (NDC)
Package Services mail accepted at origin
before the day-zero Critical Entry Time
is 4 days for each remaining 3-digit ZIP
Code origin-destination pair within a
Network Distribution Center service
area, where the destination delivery
address is served by an Auxiliary
Service Facility; the same standard
applies to all remaining intra-Alaska
mail and mail between the state of
Hawaii and the territory of Guam, and
mail destined to American Samoa.
(4) For each remaining 3-digit ZIP
Code origin-destination pair within the
contiguous 48 states, the service
standard for Package Services mail
accepted at origin before the day-zero
Critical Entry Time is between 5 and 8
days. For each such 3-digit ZIP Code
origin-destination pair, this is the sum
of 4 days, plus the number of additional
days (from 1 to 4) required for surface
transportation between each 3-digit ZIP
Code origin-destination pair, plus an
additional day if the destination
delivery address is served by an
Auxiliary Service Facility.
(5) For each remaining 3-digit ZIP
Code origin-destination pair for which
either the origin or the destination is
outside the contiguous 48 states, the
service standard for Package Services
mail accepted at origin before the dayzero Critical Entry Time is between 10
and 26 days. For each such 3-digit ZIP
Code origin-destination pair, this
represents the sum of 3 to 4 days, plus
the number of days (ranging from 7 to
22) required for intermodal (highway,
boat, air-taxi) transportation between
each 3-digit ZIP Code origin-destination
pair.
(6) The service standard for Inbound
Surface Parcel Post® pieces (subject to
Universal Postal Union rates) is the
same as the service standard for
domestic Package Services mail from
the 3-digit ZIP Code area in which the
International Network Distribution
PO 00000
Frm 00032
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Sfmt 4700
Center is located in the 3-digit ZIP Code
in which the delivery address is located.
(b) Destination Entry. (1) Package
Services mail that qualifies for a
Destination Delivery Unit (DDU) rate,
and that is accepted before the day-zero
Critical Entry Time at the proper DDU,
has a 1-day (overnight) service standard.
(2) Package Services mail that
qualifies for a Destination Sectional
Center Facility (DSCF) rate, and that is
accepted before the day-zero Critical
Entry Time at the proper DSCF, has a 2day service standard, except for mail
dropped at the SCF in the territory of
Puerto Rico and destined to the territory
of the U.S. Virgin Islands, and mail
destined to American Samoa.
(3) Package Services mail that
qualifies for a Destination Sectional
Center Facility (DSCF) discount, is
accepted before the day-zero Critical
Entry Time at the SCF, and is destined
to either American Samoa or the U.S.
Virgin Islands, has a 3-day service
standard.
(4) Package Services mail that
qualifies for a Destination Network
Distribution Center (DNDC) rate, and is
accepted before the day-zero Critical
Entry Time at the proper DNDC or
Destination Auxiliary Service Facility,
and originates and destinates in the
contiguous 48 states, has a 3-day service
standard.
(5) Package Services mail that
qualifies for a Destination Network
Distribution Center (DNDC) rate, and
that is accepted before the day-zero
Critical Entry Time at the proper DNDC
in the contiguous 48 states for delivery
to addresses in the states of Alaska or
Hawaii, or the territories of Guam,
American Samoa, Puerto Rico, or the
U.S. Virgin Islands has a service
standard of either 11 or 12 days,
depending on the 3-digit ZIP Code
origin-destination pair. For each such
pair, the applicable day within the range
is based on the number of days required
for transportation outside the
contiguous 48 states.
6. The Appendix to Part 121 is revised
to read as follows:
■
Appendix A to Part 121—Tables
Depicting Service Standard Day Ranges
The following tables reflect the service
standard day ranges resulting from the
application of the business rules applicable
to the market-dominant mail products
referenced in §§ 121.1 through 121.4:
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Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Rules and Regulations
Table 1. Prior to February 1, 2014, end-toend service standard day ranges for mail
originating and destinating within the
contiguous 48 states and the District of
Columbia.
CONTIGUOUS UNITED STATES—
Continued
CONTIGUOUS UNITED STATES
End-to-end
range
(days)
Mail class
CONTIGUOUS UNITED STATES
Package Services .....................
End-to-end
range
(days)
Mail class
First-Class Mail .........................
Periodicals ................................
Standard Mail ...........................
1–3
2–9
3–10
31199
2–8
Table 2. On and after February 1, 2014,
end-to-end service standard day ranges for
mail originating and destinating within the
contiguous 48 states and the District of
Columbia.
End-to-end
range
(days)
Mail class
First-Class Mail .........................
Periodicals ................................
Standard Mail ...........................
Package Services .....................
1–3
3–9
3–10
2–8
Table 3. Prior to February 1, 2014, end-toend service standard day ranges for mail
originating and/or destinating in noncontiguous states and territories.
NON-CONTIGUOUS STATES AND TERRITORIES
End-to-end
Intra state/territory
To/From contiguous 48 states
Mail class
Hawaii,
Guam, &
American
Samoa
Alaska
First-Class
Mail .......
Periodicals
Standard
Mail .......
Package
Services
Puerto Rico
& USVI
Alaska
Hawaii,
Guam, &
American
Samoa
To/From states of Alaska and Hawaii,
and the territories of Guam, Puerto Rico
and the U.S. Virgin Islands
Puerto Rico
& USVI
Alaska
Hawaii,
Guam, &
American
Samoa
Puerto Rico
& USVI
1–3
2–4
1–3
2–4
1–2
2–3
3–4
13–19
3–5
12–22
3–4
11–16
4–5
21–25
4–5
21–26
4–5
23–26
3–5
3–5
3–4
14–20
13–23
12–17
23–26
23–27
24–27
* 2–4
2–4
2–3
12–18
11–21
10–15
21–26
20–26
20–24
* Excluding bypass mail.
Table 4. On and after February 1, 2014,
end-to-end service standard day ranges for
mail originating and/or destinating in noncontiguous states and territories.
NON-CONTIGUOUS STATES AND TERRITORIES
End-to-end
Intra state/territory
To/From contiguous 48 states
Mail class
Alaska
First-Class
Mail .......
Periodicals
Standard
Mail .......
Package
Services
Hawaii,
Guam, &
American
Samoa
Puerto Rico
& USVI
Alaska
Hawaii,
Guam, &
American
Samoa
To/From states of Alaska and Hawaii,
and the Territories of Guam, Puerto Rico
and the U.S. Virgin Islands
Puerto Rico
& USVI
Alaska
wreier-aviles on DSK5TPTVN1PROD with RULES
Puerto Rico
& USVI
1–3
3–4
1–3
3–4
1–2
3
3–4
13–19
3–5
12–22
3–4
11–16
4–5
21–25
4–5
21–26
4–5
23–26
3–5
3–5
3–4
14–20
13–23
12–17
23–26
23–27
24–27
* 2–4
2–4
2–3
12–18
11–21
10–15
21–26
20–26
20–24
* Excluding bypass mail.
Table 5. Destination-entry service standard
day ranges for mail to the contiguous 48
states and the District of Columbia.
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Hawaii,
Guam, &
American
Samoa
14:21 May 24, 2012
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Federal Register / Vol. 77, No. 102 / Friday, May 25, 2012 / Rules and Regulations
CONTIGUOUS UNITED STATES
Destination entry (at appropriate facility)
Mail class
DDU
(days)
SCF
(days)
Periodicals .......................................................................................................................
Standard Mail ...................................................................................................................
Package Services ............................................................................................................
1
2
1
ADC
(days)
1
3
2
NDC/ASF
(days)
1–2
....................
....................
2–3
5
3
Table 6. Destination entry service standard
day ranges for mail to non-contiguous states
and territories.
NON-CONTIGUOUS STATES AND TERRITORIES
Destination Entry (at appropriate facility)
SCF (Days)
Mail class
ADC (Days)
DDU
(Days)
Alaska
Hawaii,
Guam, &
American
Samoa
Puerto
Rico &
USVI
Periodicals ........................................
1
1–3
1
1–3
Standard Mail ...................................
Package Services ............................
2
1
3
2
3–4
2–3
3–4
2–3
Alaska
1–4 (AK)
11 (JNU)
11 (KTN)
................
................
NDC (Days)
Hawaii,
Guam, &
American
Samoa
Puerto
Rico &
USVI
Alaska
Hawaii,
Guam, &
American
Samoa
Puerto
Rico &
USVI
1 (HI) 2
(GU)
1–4
10–11
10
8–10
................
................
............
............
14
12
13
11
12
11
AK = Alaska 3-digit ZIP Codes 995–997; JNU = Juneau AK 3-digit ZIP Code 998; KTN = Ketchikan AK 3-digit ZIP Code 999; HI = Hawaii 3digit ZIP Codes 967 and 968; GU = Guam 3-digit ZIP Code 969.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2012–12564 Filed 5–24–12; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0140; FRL–9669–8]
Revision to the South Coast Air Quality
Management District Portion of the
California State Implementation Plan,
South Coast Rule 1315
The Environmental Protection
Agency (EPA) is taking final action to
approve a State Implementation Plan
(SIP) revision for the South Coast Air
Quality Management District (District)
portion of the California SIP. This SIP
revision incorporates Rule 1315—
Federal New Source Review Tracking
System—into the District’s SIP
approved New Source Review (NSR)
program to establish the procedures for
demonstrating equivalency with federal
offset requirements by specifying how
the District will track debits and credits
in its Offset Accounts for Federal NSR
wreier-aviles on DSK5TPTVN1PROD with RULES
VerDate Mar<15>2010
14:21 May 24, 2012
Jkt 226001
Effective Date: This rule is
effective on June 25, 2012.
FOR FURTHER INFORMATION CONTACT:
Laura Yannayon, EPA Region IX, (415)
972–3534, yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we’’, ‘‘us’’,
and ‘‘our’’ refer to EPA.
Table of Contents
I. Background
II. EPA’s Evaluation of the SIP Revision
A. What action is EPA finalizing?
B. Public Comments and EPA Responses
III. EPA’s Final Action
IV. Statutory and Executive Order Reviews
DATES:
I. Background
EPA has established docket
number EPA–R09–OAR–2012–0140 for
this action. Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. Some docket materials,
however, may be publicly available only
at the hard copy location (e.g.,
voluminous records, maps, copyrighted
material), and some may not be publicly
available in either location (e.g., CBI).
To inspect the hard copy materials,
please schedule an appointment during
normal business hours with the contact
listed in the FOR FURTHER INFORMATION
CONTACT section.
EPA allows and encourages local
authorities to tailor SIP programs,
including new source review permitting
programs, to account for that
community’s particular needs provided
that the SIP is not less stringent than the
Act’s requirements. See generally CAA
Section 116, 42 U.S.C. 7416; Train v.
Natural Res. Defense Council, 421 U.S.
60, 79 (1975); Union Electric Co. v. EPA,
427 U.S. 246, 250 (1976). The District’s
SIP-approved nonattainment permitting
rules are contained in District
Regulation XIII. See 61 FR 64291
(December 4, 1996) (final rule approving
SCAQMD’s NSR program) and 40 CFR
52.220(c)(240)(i)(1).
When EPA approved Regulation XIII
in 1996, we noted that Rule 1304
exempted certain major sources from
ADDRESSES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY:
Equivalency for specific federal
nonattainment pollutants and their
precursors. EPA is approving this SIP
revision because Rule 1315 provides an
adequate system to demonstrate on an
on-going basis that the rule requires
offsets in amounts equivalent to those
otherwise required by the Clean Air Act
(CAA) and that the emission reductions
the District is crediting and debiting in
its Offset Accounts meet the CAA’s NSR
offset requirements for federal major
sources and modifications.
PO 00000
Frm 00034
Fmt 4700
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E:\FR\FM\25MYR1.SGM
25MYR1
Agencies
[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Rules and Regulations]
[Pages 31190-31200]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12564]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 121
Revised Service Standards for Market-Dominant Mail Products
AGENCY: Postal ServiceTM.
ACTION: Final rule with phased implementation dates.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is revising the service standards for
market-dominant mail products, as part of its Network Rationalization
initiative. Some portions of the new standards will be implemented in
two phases.
DATES: Effective date: July 1, 2012. Please see SUPPLEMENTARY
INFORMATION
[[Page 31191]]
section for phased implementation dates.
FOR FURTHER INFORMATION CONTACT: Wendy Hocking, Industry Engagement and
Outreach, at 202-268-8149.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction.
II. Comments.
III. Decision To Conduct Phased Implementation.
IV. Response to Comments.
V. Statutory Considerations.
VI. Explanation of Final Rules.
I. Introduction
On September 21, 2011, the Postal Service published an advance
notice of proposed rulemaking (the Advance Notice) in the Federal
Register to solicit public comment on a conceptual proposal to revise
service standards for market-dominant products.\1\ After considering
comments received in response to the Advance Notice, the Postal Service
decided to develop the concept into a concrete proposal, termed Network
Rationalization. The basic logic of Network Rationalization is that
falling mail volumes and the resultant excess capacity in the Postal
Service's mail processing network necessitate a major consolidation of
the network, and this task in turn is contingent on revisions to
service standards, particularly the overnight standard for First-Class
Mail.
---------------------------------------------------------------------------
\1\ Proposal To Revise Service Standards for First-Class Mail,
Periodicals, and Standard Mail, 76 FR 58433 (Sept. 21, 2011).
---------------------------------------------------------------------------
On December 5, 2011, the Postal Service submitted a request to the
Postal Regulatory Commission (PRC) for an advisory opinion on the
service changes associated with Network Rationalization, in accordance
with 39 U.S.C. 3661(b).\2\ On December 15, 2011, the Postal Service
published proposed revisions to its market-dominant service standards
in the Federal Register and sought public comment (the Proposed
Rulemaking).\3\ The comment period for the Proposed Rulemaking closed
on February 13, 2012.
---------------------------------------------------------------------------
\2\ PRC Docket No. N2012-1, Request of the United States Postal
Service for an Advisory Opinion on Changes in the Nature of Postal
Services (Dec. 5, 2011). Documents pertaining to the Request are
available at the PRC Web site, https://www.prc.gov.
\3\ Service Standards for Market-Dominant Mail Products, 76 FR
77942 (Dec. 15, 2011).
---------------------------------------------------------------------------
Having considered comments responsive to the Proposed Rulemaking,
informal advice that the Postal Service has received through other
channels, and the results of its market research, the Postal Service
has decided to implement Network Rationalization in a phased manner.
The Postal Service believes that the initiative will help ensure its
long-term viability, and that it complies with all applicable statutory
requirements. This Notice explains the new rules and their phased
implementation.
II. Comments
The Postal Service received 101 written comments in response to the
Proposed Rulemaking. These responses came from a variety of sources,
including retail and residential customers, businesses, periodicals
publishers, mailer trade associations, postal unions, members of
Congress, and others. As was the case for the Advance Notice, the
majority of written comments received in response to the Proposed
Rulemaking opposed Network Rationalization. Some commenters questioned
various aspects of the initiative but ultimately supported it. A few
supported it without reservation.
Commenters focused on the following concerns. They stated that the
lengthened service standards would unreasonably burden many customers.
They said, for example, that rural customers who depend on the Postal
Service for vital deliveries, such as prescription medicines and
paychecks, would be hurt, that businesses that receive remittance mail
would suffer financial losses, and that periodicals would see their
subscriptions decline. Commenters feared that the proposal could delay
mailed election ballots from reaching their destinations, potentially
causing some ballots not to be counted. Some mailers stated that it
would not be possible for them to meet the new Critical Entry Times set
forth in the Proposed Rulemaking. Overall, many commenters cautioned
that Network Rationalization could accelerate mail volume declines,
with customers abandoning the postal system for electronic
alternatives. Accordingly, they suggested that the Postal Service
achieve financial stability through other means, such as eliminating
discounts, shifting to five-day or even three-day delivery, and seeking
legislative relief from having to prefund the Retiree Health Benefits
Fund.
Some commenters did not oppose the proposal but nevertheless
questioned aspects of its planning, communication, and implementation.
This was especially true for businesses and larger customers. For
example, some characterized the Postal Service's current performance in
meeting service standards as poor, and they wondered whether the Postal
Service would improve performance under the new standards. Others
expressed skepticism as to the Postal Service's ability to achieve its
projected cost reductions. Moreover, they inferred that the initiative
would shift costs to mailers, and asked why the Postal Service had not
analyzed such cost impacts. Commenters also pointed out that increased
costs to customers and decreased service levels are analogous to price
increases. Some mailers expressed concerns about potentials for loading
dock shortages and longer waiting times at mail entry locations, given
the smaller number of mail processing facilities after implementation
of Network Rationalization.
More generally, some commenters stated that the proposed
implementation dates are too early, and they questioned the prudence of
the Postal Service implementing the initiative before receiving the
PRC's advisory opinion. In addition, some criticized the Postal
Service's communication of its plans, particularly of details such as
new mailing eligibility and software requirements.
A small minority of written comments supported Network
Rationalization without reservation, encouraging the Postal Service to
take whatever steps are necessary for it to remain a viable, self-
supporting entity. One commenter noted that Network Rationalization
could provide significant cost savings and could improve the
attributable cost coverage of the Periodicals class of mail.
In addition to the written comments, the Postal Service received
informal opinions and advice from commercial mailers, mailer
associations, and members of Congress. The mailers and associations
mostly supported Network Rationalization, while Congressional opinion
was mixed.
III. Decision To Conduct Phased Implementation
After considering the formal rulemaking comments, the range of
other informal advice it has received, and the results of its market
research, and after considering the requirements of 39 U.S.C. 3691 and
other applicable provisions of title 39, the Postal Service has
determined to implement Network Rationalization, but on a more gradual
timeline than it initially envisioned. The Postal Service is adopting
new rules for market-dominant service standards, with an interim
version that will apply from July 1, 2012, through January 31, 2014,
and a final version that will apply on February 1, 2014, and
thereafter. From the outset, the Postal Service has understood that
implementation of Network Rationalization will require more than one
year. The phased
[[Page 31192]]
application of the new rules accommodates this reality and also
provides the Postal Service with enough flexibility that, should
subsequent events or changed circumstances so warrant, the Postal
Service will be able to revisit the final version before February 1,
2014, and amend or withdraw it, as appropriate, through a new notice-
and-comment rulemaking.
On July 1, 2012, coinciding with the effectiveness of the interim
version of the new rules, the Postal Service will begin implementing
the first phase of Network Rationalization. It will suspend Phase One
from September 1, 2012, through December 31, 2012, to avoid disrupting
the fall election and holiday mailing cycles, and resume it thereafter.
The Postal Service will begin implementing the second phase on February
1, 2014, coincident with the application of the final version of the
new rules.
The interim version of the new rules differs from the final version
in three respects: (1) The interim version applies an overnight service
standard to all intra-Sectional Center Facility (SCF) First-Class Mail,
regardless of the point of entry or level of preparation, whereas the
final version applies it only to intra-SCF First-Class Mail pieces that
are entered at the SCF and meet specified preparation and entry time
requirements; (2) the interim version applies a two-day service
standard to First-Class Mail pieces if there is a six-hour or less
driving time between the pieces' origin Processing and Distribution
Center or Facility (P&DC/F) and destination Area Distribution Center
(ADC), whereas the final version applies it if there is a six-hour or
less driving time between the pieces' origin P&DC/F and destination
SCF; and (3) the interim version modifies the delivery day range for
end-to-end Periodicals in the contiguous forty-eight states from the
current one to nine days to two to nine days, while the final version
modifies it further to three to nine days (under both the interim and
final versions, there will continue to be an overnight service standard
for qualifying destination-entry Periodicals).
Operationally, the principal benefit of the new rules is that they
will allow the Postal Service to expand its nightly processing window,
smoothing out the peak volume load over more of the workday, thereby
reducing the number of processing locations needed in the network.
Presently, the Postal Service's delivery point sequencing (DPS)
operations are generally run for six and one-half hours per day, from
12:30 a.m. to 7 a.m. Once implementation of Phase One is complete, the
DPS window will expand to up to ten hours, from 8 p.m. to 6 a.m. This
change will facilitate the consolidation of the mail processing
operations of approximately 140 facilities. Then, once implementation
of Phase Two is complete, the DPS window will expand to up to sixteen
hours, from 12 p.m. to 4 a.m. This will make possible the consolidation
of the mail processing operations of approximately 230 facilities
(inclusive of the approximately 140 consolidated in Phase One).
As discussed in the sections below, the Postal Service is convinced
that Network Rationalization is vital to its long-term viability. At
the same time, the Postal Service is well aware that sudden changes to
systems as complex as its mail processing network can precipitate
unintended consequences. Accordingly, the Postal Service has decided on
the extended, phased implementation schedule outlined above to help
ensure that Network Rationalization proceeds in a steady, measured
fashion, with a minimal level of disruption.
Of course, the Postal Service's phased implementation schedule by
its nature builds in time for additional deliberation and
consideration. As noted above, the Postal Service recognizes the
possibility that subsequent events or changed circumstances could cause
it at a future date to revisit the final version of the new rules that
will apply beginning on February 1, 2014, and to alter or withdraw
those rules through a new notice-and-comment rulemaking. At this time,
however, the Postal Service expects to implement the new rules and
Network Rationalization as set forth in this Notice.
IV. Response to Comments
As the Postal Service implements Network Rationalization, it will
remain mindful of the concerns expressed by commenters and will work to
minimize those concerns. In response to commenters who stated that
Network Rationalization may lead to accelerated volume declines, the
Postal Service notes that the initiative is largely focused on First-
Class Mail, a mail class that has seen and will continue to see
significant volume declines. These declines are linked, in large part,
to electronic diversion, a secular trend that is outside the Postal
Service's control. The Postal Service has conducted market research to
estimate the additional volume that could be lost due to Network
Rationalization, and it believes that the estimated losses are
acceptable when compared to the initiative's likely benefits.
The Postal Service observes that the alternatives proposed by
commenters would not, by themselves, restore the Postal Service to
lasting financial viability. Furthermore, many of the suggested
alternatives require the enactment of legislation. The Postal Service
has diligently sought such legislation, particularly with regard to the
Retiree Health Benefits Fund and five-day delivery, but progress has
been slow, and the prospects for timely enactment, if any, remain
unclear. On the revenue front, customers have strongly opposed the
Postal Service's pursuit of an exigent rate increase, and the PRC has
thus far rejected it. As for cost reductions outside of Network
Rationalization, the Postal Service is pursuing other cost-saving
initiatives simultaneously with Network Rationalization, but neither
Network Rationalization nor any of the other initiatives is sufficient
in itself to secure the Postal Service's financial stability. Rather,
they are all necessary. And, even in the realm of mail processing, the
Postal Service has continually pursued consolidation opportunities
wherever feasible, but it is now reaching the limit of consolidations
that can be effected without altering service standards nationwide.
Though it is true that Network Rationalization will burden some
customers, most of these burdens can be minimized through relatively
minor changes on the part of customers. For example, pharmaceutical
companies can minimize gaps in prescription fulfillment by continuing
to remind customers to place their refill orders in a timely manner.
Likewise, customers who mail bill payments and are concerned that their
payments may arrive late can mail their payments one or two days
earlier than they do now. In addition, businesses that rely on
remittance mail can still obtain overnight First-Class Mail service for
their outgoing mail by meeting the new preparation and entry
requirements outlined in Section VI below, and they can speed their
receipt of incoming mail by using Caller Service at the destinating
processing facility. Indeed, the Postal Service expects overnight
Caller Service at destinating processing facilities to improve, given
the larger mail processing operating windows.
The Postal Service believes that its cost savings estimates for
Network Rationalization are, generally speaking, somewhat conservative,
and it is confident that it can achieve the
[[Page 31193]]
savings.\4\ It also recognizes that the initiative will cause
additional costs for some customers, as most major service changes do.
In the Advance Notice, the Postal Service requested that customers
provide information on ``the nature and extent of costs or savings they
might experience,'' including ``empirical data supporting any cost-
benefit analysis.'' The Postal Service did not receive any responsive
information, and it does not itself possess such information.
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\4\ One reason for the estimates' conservatism is that the
underlying calculations hew to PRC methodologies, some of which
incorporate assumptions that are, in the Postal Service's view,
unrealistic.
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Furthermore, the Postal Service would point out that the decision
to pursue Network Rationalization does not hinge on a particular level
of savings in the short term. Rather, the initiative is driven
substantially by the reality that falling mail volumes have created
significant excess capacity in the Postal Service's mail processing
network. Network Rationalization is aimed at realigning the network
with current mail volume trends. As time goes on, and mail volumes
continue to decline, the cost savings will grow.
In response to mailers' concerns about potentials for loading dock
shortages and longer waiting times at mail entry locations, the Postal
Service will expand appointment windows at facilities and modify volume
restrictions. Further, the Postal Service plans to retain all current
business mail entry units (BMEUs) for the time being. Should the Postal
Service decide to relocate or consolidate any BMEU operations, it will
notify mailers 120 days beforehand, and it will relocate or consolidate
the units to nearby locations that minimize impacts on mailers. As the
Postal Service moves forward with implementation, it is committed to
communicating any changes simply and clearly.
Finally, with respect to the Postal Service's decision to move
forward with Network Rationalization before receiving the PRC's
advisory opinion, it is notable that the Postal Service filed its
advisory opinion request more than 160 days before the publication of
this Notice and more than 200 days before the July 1, 2012,
implementation date. The PRC's rules require that such requests be
filed at least ninety days before implementation.\5\ The time between
the filing of the Postal Service's request and the implementation of
Phase One has provided the PRC with a reasonable period within which to
issue an opinion. It appears now, however, that the PRC will not be
able to issue an opinion before Phase One implementation commences.
Nevertheless, the ongoing proceedings have enhanced the Postal
Service's deliberations, and, given the extended implementation
schedule that the Postal Service has adopted, the PRC's advisory
opinion, when issued, can still provide valuable guidance to postal
management during the implementation process.
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\5\ 39 CFR 3001.72.
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V. Statutory Considerations
In addition to considering comments, the Postal Service has
considered the requirements of 39 U.S.C. 3691 and other applicable
provisions of title 39. Section 3691(b) sets forth objectives that the
Postal Service's market-dominant service standards must serve, and
Section 3691(c) sets forth factors that the Postal Service must take
into account when revising the service standards. The Postal Service
believes that it has properly considered the subsection (c) factors,
and that the revised service standards achieve the subsection (b)
objectives.
Since the passage of the Postal Reorganization Act (PRA), the
Postal Service has been required to be largely self-supporting. The PRA
established a cost-of-service system, which allowed the Postal Service
to set prices at levels necessary to fully cover its costs. This system
was dramatically altered in 2006 with the passage of the Postal
Accountability and Enhancement Act (PAEA). In contrast to the PRA, the
PAEA established a price cap system, with strict limitations on price
increases for market-dominant product classes. As the PRC has observed,
a primary goal of the price cap system is ``to incent the Postal
Service to reduce costs and improve efficiency.'' \6\
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\6\ PRC Docket No. R2010-4, Order No. 547 (Sept. 30, 2010), at
80.
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Section 3691 is situated within this larger context of inducing
efficiency gains, and the subsection (c) factors are aligned with that
goal in that, taken together, they balance levels of service for
customers with the Postal Service's operational and business needs.
From the formal rulemaking comments that the Postal Service has
received, it is clear that some customers view the current service
standards as vitally important, and that some customers would
experience difficulties if service standards are lengthened. On a
broader level, however, it appears that the public as a whole does not
view the current service standards as an essential element of the mail.
The Postal Service has conducted market research into potential
consumer and business reactions to the proposed service standard
changes.\7\ Most of the surveyed consumers and small businesses stated
that the service standard changes would have a limited impact on their
mailing behavior. Importantly, these customers believed that they could
easily adapt to the proposed changes by, among other things, mailing
earlier than they do now. Moreover, many customers were unaware of the
current service standards, and mistakenly believed that the current
service standards are of longer duration than they actually are. Larger
commercial mailers were also accepting of the service standard changes
and generally indicated that they would be able to adapt. Of course,
some commercial mailers, such as remittance mailers, have a significant
financial interest in sustained local overnight First-Class Mail
service. The new rules make it possible for many of them to retain such
service.
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\7\ See PRC Docket No. N2012-1, Direct Testimony of Rebecca
Elmore-Yalch on Behalf of the United States Postal Service (USPS-T-
11) (Dec. 5, 2011); and PRC Docket No. N2012-1, Direct Testimony of
Greg Whiteman on Behalf of the United States Postal Service (USPS-T-
12) (Dec. 5, 2011), available at https://www.prc.gov.
---------------------------------------------------------------------------
In its market research, and through its ongoing dialogue with
mailers, the Postal Service found that most consumers and businesses
would not prefer a significant price increase in lieu of the proposed
service standard changes. Thus, their views seem to align with the
PAEA's overall framework of limiting price increases to induce
efficiency gains. Overall, then, while the revised service standards
will burden some customers, it appears that they will satisfy most
customers' mailing needs and will be broadly acceptable to the mailing
public.
In regard to the subsection (c) factors that relate to the Postal
Service's operational and business needs, the Postal Service has
already set forth, in the Proposed Rulemaking, the mail volume and
financial realities that necessitate Network Rationalization. Annual
First-Class Mail volume peaked in 2001 at 103.7 billion pieces, and
since then it has fallen by about 30 billion pieces, or 29 percent.
Because the Postal Service's mail processing network was principally
designed to achieve First-Class Mail service standards, the decline in
First-Class Mail volume has made it difficult for the Postal Service to
consolidate the network quickly enough to align with current volumes.
The Postal Service expects the declines to continue into the
foreseeable future, with First-Class Mail forecast to drop from 74
billion pieces in 2011 to 39 billion pieces in 2020, a
[[Page 31194]]
further 47 percent decline. Over this time, the number of addresses
that the Postal Service serves will only grow, meaning that the Postal
Service's revenue per delivery point will fall significantly. It is
imperative, then, for the Postal Service to streamline its mail
processing network.
The Postal Service believes that the revised service standards are
designed to achieve the Section 3691(b) objectives. First-Class Mail
and Periodicals should retain most of their value to customers, because
the service standards for most such mail will increase by only one day.
Further, the network consolidations made possible by the service
standard changes will result in a more nimble and sustainable Postal
Service. The stability of the Postal Service should, to some degree,
enhance the value of First-Class Mail and Periodicals, by allowing
customers to depend on the affordability of these products into the
foreseeable future.
Network Rationalization will also help improve the Postal Service's
performance in meeting service standards, by significantly enlarging
the daily mail processing operating window. While the speed of delivery
of First-Class Mail and Periodicals will diminish, somewhat reducing
the value of the mail, this should be mitigated to some extent by the
enhanced reliability of the service standards.
VI. Final Revisions to Service Standards
The Postal Service's market-dominant service standards are
contained in 39 CFR Part 121. The new version of 39 CFR part 121
appears at the end of this Notice. The following is a summary of the
revisions.
A. Service Standards Generally
The service standards contained in 39 CFR Part 121 for each mail
class can be divided into two elements: (1) A delivery day range within
which all mail in a given class is expected to be delivered; \8\ and
(2) business rules that determine the specific number of delivery days
for each mail piece. Business rules are based on Critical Entry Times
(CETs). The CET is the latest time on a particular day that a mail
piece can be entered into the postal network and still have its service
standard calculated based on that day (this day is termed ``day-
zero''). In other words, if a piece is entered before the CET, its
service standard is calculated from the day of entry, whereas if it is
entered after the CET, its service standard is calculated from the
following day.\9\ For example, if the applicable CET is 5:00 p.m., and
a letter is entered at 4:00 p.m. on a Tuesday, its service standard
will be calculated from Tuesday, whereas if the letter is entered at
6:00 p.m. on a Tuesday, its service standard will be calculated from
Wednesday.
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\8\ There are separate delivery day ranges for mail within the
contiguous forty-eight states and mail that originates or destinates
outside the contiguous forty-eight states.
\9\ If the following day is a Sunday or holiday, the service
standard is calculated from the next Postal Service delivery day.
---------------------------------------------------------------------------
CETs are not contained in 39 CFR Part 121, because they vary based
on where mail is entered, the mail's level of preparation, and other
factors. The CETs at retail collection points are generally listed at
those points. For example, blue collection boxes list the time of day
when mail is collected from them by the Postal Service; if a blue
collection box lists three pick-up times on one day, the CET for that
day is the latest listed pick-up time.
The Postal Service will institute several new CETs on February 1,
2014, when the final version of the new rules begin application, as
described below. Of course, the CETs could be modified again in the
future, as the operating environment that the Postal Service faces
evolves.
B. First-Class Mail
The Postal Service is not changing the general delivery day ranges
for First-Class Mail. The delivery day range for First-Class Mail that
originates and destinates in the contiguous forty-eight states will
remain one to three days, and the delivery day range for First-Class
Mail that originates or destinates in Alaska, Hawaii, American Samoa,
Guam, Puerto Rico, or the U.S. Virgin Islands will remain one to five
days. The Postal Service is, however, changing the First-Class Mail
business rules.
1. Overnight Rule
Under the current overnight business rule for First-Class Mail, the
overnight service standard is applied to all intra-SCF mail, as well as
to some inter-SCF mail pieces if a specified minimum level of mail
volume regularly flows between the pieces' origin and destination
SCFs.\10\ Under the interim version of the overnight business rule, the
overnight service standard will be applied only to intra-SCF mail.\11\
It will no longer apply to any inter-SCF mail.\12\
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\10\ The current overnight rule has an exception that excludes
from overnight service some mail outside the contiguous forty-eight
states, specifically: mail between Puerto Rico and the U.S. Virgin
Islands; and mail originating and destinating in the Alaska 3-digit
ZIP Codes 996, 997, 998, and 999, and in the Alaska 5-digit ZIP
Codes 99540 to 99591.
\11\ The new overnight rule will expand the exception described
in footnote 10, id., to include American Samoa and the Alaska 5-
digit ZIP Codes 99592 to 99599. These ZIP Codes are currently
unassigned, but they may be assigned in the future.
\12\ Both the current and new rules use the terms ``intra-SCF''
and ``inter-SCF'' as they are defined in the Domestic Mail Manual
(DMM). So, with respect to a particular SCF, intra-SCF mail is mail
that originates and destinates within the 3-digit ZIP Code areas
assigned to that SCF in the DMM, while inter-SCF mail is mail that
originates or destinates outside those 3-digit ZIP Code areas.
---------------------------------------------------------------------------
Under the final version of the overnight business rule for First-
Class Mail, the overnight service standard will be applied only to
intra-SCF Presort mail that is entered at the actual SCF. The overnight
service standard will not apply to mail that is entered anywhere other
than the designated SCF, nor will it apply to mail that does not meet
all of the preparation requirements for Presort mail. Pursuant to these
revisions, the overnight service standard for First-Class Mail will no
longer apply to mail sent by retail customers, regardless of where they
enter the mail.\13\
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\13\ Some First-Class Mail pieces entered by retail customers
may, under limited circumstances, continue to receive overnight
service, but the applicable service standard will not be overnight.
---------------------------------------------------------------------------
On February 1, 2014, when the final version of the rule takes
effect, the CET at the SCF will become 8 a.m., with a 12 p.m. exception
that will be available only to intra-SCF Presort First-Class Mail that
is sorted and containerized to the 5-digit ZIP Code or 5-digit scheme
level.
2. Two-Day Rule
Under the current two-day business rule for First-Class Mail, a
two-day service standard is applied to mail pieces for which the
driving time between the applicable P&DC/F and ADC is twelve hours or
less. The interim version of the two-day business rule will revise this
metric to six hours. The final version will revise it to six hours
between the applicable P&DC/F and SCF.\14\
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\14\ After the Phase Two consolidations, the Postal Service will
be able to sort First-Class Mail at the origin to the SCF level,
which is typically closer to the destination of the mail piece than
the ADC level. Therefore, mail will generally bypass ADCs and be
transported directly to SCFs. It is for this reason that the final
version of the two-day business rule measures the driving time based
on the destination SCF.
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3. Three-, Four-, and Five-Day Rules
The current three-, four-, and five-day service standards for
First-Class Mail will remain unchanged. All First-Class Mail that
qualifies for a two-day service standard under the current two-day
business rule, but does not qualify for a
[[Page 31195]]
two-day standard under the new rule, will qualify for a three-day
standard.
4. First-Class Mail International
The new domestic service standards for First-Class Mail
International will mirror the new service standards for domestic First-
Class Mail, just as the current domestic service standards for First-
Class Mail International mirror the current service standards for
domestic First-Class Mail.
C. Periodicals
The Postal Service is changing the delivery day range for end-to-
end Periodicals mailed within the contiguous forty-eight states, from
the current one to nine days, to two to nine days in the interim
version of the new rules, and three to nine days in the final version.
The Postal Service is also changing the delivery day range for end-to-
end Periodicals that originate or destinate outside the contiguous
forty-eight states, from the current one to twenty days, to two to
twenty-six days in the interim version, and three to twenty-six days in
the final version.\15\
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\15\ The proportion of mail affected by this change is less than
one percent of total mail volume. The change is being made so that
the rules more accurately reflect, and better inform customers of,
the actual service that the Postal Service's network is presently
capable of providing for such mail. Outside the contiguous forty-
eight states, mail is often dependent on transportation that does
not run daily (e.g., some boat and air-taxi services used by the
Postal Service operate only on certain days of the week). For this
reason, the service accorded to such mail varies widely and is often
longer than stated in the current service standards.
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The Postal Service is changing the delivery day range for
destination-entry Periodicals mailed within the contiguous forty-eight
states, from the current one to two days, to one to three days in both
the interim and final versions. The Postal Service is changing the
delivery day range for destination-entry Periodicals that originate or
destinate outside the contiguous forty-eight states, from the current
one to seven days, to one to eleven days in both the interim and final
versions.\16\
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\16\ See id. for why this change is being made. The proportion
of mail affected is less than one percent of total mail volume.
---------------------------------------------------------------------------
The changes to the Periodicals business rules are described below.
There are separate business rules for end-to-end Periodicals and
destination-entry Periodicals.
1. End-to-End Periodicals
Under the current overnight business rule for end-to-end
Periodicals, an overnight service standard applies to intra-SCF mail
for which the origin P&DC/F and SCF are located in the same building.
The new rules will not apply an overnight service standard to any end-
to-end Periodicals (though they will apply an overnight standard to
qualifying destination-entry Periodicals, as described below).
The current two- to four-day business rule covers most end-to-end
Periodicals mail pieces that are mailed within the contiguous forty-
eight states and do not qualify for the overnight service standard.\17\
The rule calculates the specific standard for each such piece by adding
one day to the comparable First-Class Mail service standard that the
piece would qualify for if it were a First-Class Mail piece. The
interim version of this rule will remain two to four days, but the
final version will be three to four days, as a result of the reduced
scope of the overnight First-Class Mail service standard.
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\17\ Mail pieces qualify for this rule based on whether they can
be merged with First-Class Mail, as determined by criteria set forth
in the DMM.
---------------------------------------------------------------------------
The current five- to nine-day business rule covers end-to-end
Periodicals mail pieces that are mailed within the contiguous forty-
eight states, do not qualify for the overnight service standard, and
cannot be merged with First-Class Mail. This rule will be retained.
The remaining business rules for end-to-end Periodicals cover mail
pieces originating or destinating outside the contiguous forty-eight
states. In the new business rules for these pieces, the current eight-
to twenty-day service standard will become a twelve- to twenty-six day
service standard, to more accurately reflect, and better inform
customers of, the service that the Postal Service's network is
presently capable of providing for mail outside the contiguous forty-
eight states. The other end-to-end service standards for these pieces
will not change.
2. Destination-Entry Periodicals
The new rules make three significant changes to the service
standards for destination-entry Periodicals. First, they revise the
overnight service standard to exclude Periodicals entered at Network
Distribution Centers (NDCs) and Auxiliary Service Facilities (ASFs).
This revision is being made to reflect the capabilities of the Postal
Service's transportation network.
Second, the new rules revise the seven-day service standard to an
eleven-day service standard. And third, the new rules revise the five-
to eight-day service standard to an eight- to eleven-day service
standard. The second and third changes are being made so that the rules
more accurately reflect, and better inform customers of, the service
that the Postal Service's network is presently capable of providing.
On February 1, 2014, the CETs for destination-entry Periodicals at
facilities that do not employ the Flats Sequencing System (FSS) will
change from 4 p.m. for mailings that require a bundle sort, and 5 p.m.
for mailings that do not require a bundle sort, to 11 a.m. and 2 p.m.,
respectively. The CETs at FSS facilities will not change.
D. Standard Mail and Package Services
The new rules do not revise the service standards for Standard Mail
and Package Services pieces mailed within the contiguous forty-eight
states. They do, however, revise service standards for pieces that
originate or destinate outside the contiguous forty-eight states, to
more accurately reflect the service that the Postal Service's network
is presently capable of providing.\18\ The new rules revise Standard
Mail's maximum delivery expectation from the current twenty-two days to
twenty-seven days. Within the business rules, they revise the end-to-
end nine- to twenty-two-day service standard to twelve to twenty-seven
days, and the destination-entry nine- to twelve-day service standard to
twelve to fourteen days.
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\18\ The proportion of mail affected by these changes is less
than one percent of total mail volume.
---------------------------------------------------------------------------
Likewise, the new rules revise Package Services' maximum delivery
expectation from the current twenty days to twenty-six days. Within the
business rules, they revise the end-to-end seven- to twenty-day service
standard to ten to twenty-six days, and the destination-entry seven- to
eight-day service standard to eleven to twelve days.
E. Non-Substantive Changes
Apart from the substantive changes explained above, the Postal
Service has also reworded and reorganized portions of rules,
particularly the First-Class Mail and Periodicals sections, in a manner
that does not change the substantive effects of the rules but will, the
Postal Service hopes, make the rules clearer and easier to understand.
List of Subjects in 39 CFR Part 121
Administrative practice and procedure, Postal Service.
Accordingly, for the reasons stated, the Postal Service adopts the
following revisions to 39 CFR Part 121:
[[Page 31196]]
PART 121--SERVICE STANDARDS FOR MARKET DOMINANT MAIL PRODUCTS
0
1. The authority citation for 39 CFR Part 121 continues to read as
follows:
Authority: 39 U.S.C. 101, 401, 403, 404, 1001, 3691.
0
2. Section 121.1 is revised to read as follows:
Sec. 121.1 First-Class Mail.
(a)(1) Until February 1, 2014, a 1-day (overnight) service standard
is applied to intra-Sectional Center Facility (SCF) domestic First-
Class Mail[supreg] pieces properly accepted before the day-zero
Critical Entry Time (CET), except for mail between Puerto Rico and the
U.S. Virgin Islands, mail between American Samoa and Hawaii, and mail
destined to the following 3-digit ZIP Code areas in Alaska (or
designated portions thereof): 995 (5-digit ZIP Codes 99540 through
99599), 996, 997, 998, and 999.
(2) On and after February 1, 2014, a 1-day (overnight) service
standard is applied to intra-SCF domestic Presort First-Class Mail
pieces properly accepted at the SCF before the day-zero CET, except for
mail between Puerto Rico and the U.S. Virgin Islands, and mail destined
to American Samoa and the following 3-digit ZIP Code areas in Alaska
(or designated portions thereof): 995 (5-digit ZIP Codes 99540 through
99599), 996, 997, 998, and 999.
(b)(1) Until February 1, 2014, a 2-day service standard is applied
to inter-SCF domestic First-Class Mail pieces properly accepted before
the day-zero CET if the drive time between the origin Processing &
Distribution Center or Facility (P&DC/F) and destination Area
Distribution Center (ADC) is 6 hours or less; or if the origin and
destination are separately in Puerto Rico and the U.S. Virgin Islands;
or if the origin or destination is in American Samoa or one of the
following 3-digit ZIP Code areas in Alaska (or designated portions
thereof): 995 (5-digit ZIP Codes 99540 through 99599), 996, 997, 998,
and 999.
(2) On and after February 1, 2014, a 2-day service standard is
applied to inter-SCF domestic First-Class Mail pieces properly accepted
before the day-zero CET if the drive time between the origin P&DC/F and
destination SCF is 6 hours or less; or if the origin and destination
are separately in Puerto Rico and the U.S. Virgin Islands; or if the
origin or destination is in American Samoa or one of the following 3-
digit ZIP Code areas in Alaska (or designated portions thereof): 995
(5-digit ZIP Codes 99540 through 99599), 996, 997, 998, and 999.
(c) A 3-day service standard is applied to domestic First-Class
Mail pieces properly accepted before the day-zero CET, if the 1-day and
2-day service standards do not apply, and:
(1) Both the origin and the destination are within the contiguous
48 states;
(2) The origin is in the contiguous 48 states, and the destination
is in any of the following: the city of Anchorage, Alaska (5-digit ZIP
Codes 99501 through 99539); the 968 3-digit ZIP Code area in Hawaii; or
the 006, 007, or 009 3-digit ZIP Code areas in Puerto Rico;
(3) The origin is in the 006, 007, or 009 3-digit ZIP Code areas in
Puerto Rico, and the destination is in the contiguous 48 states;
(4) The origin is in Hawaii, and the destination is in Guam, or
vice versa;
(5) The origin is in Hawaii, and the destination is in American
Samoa, or vice versa; or
(6) Both the origin and destination are within Alaska.
(d) A 4-day service standard is applied to domestic First-Class
Mail pieces properly accepted before the day-zero CET, if the 1-day, 2-
day, and 3-day service standards do not apply, and:
(1) The origin is in the contiguous 48 states and the destination
is in any of the following: any portion of Alaska other than the city
of Anchorage (5-digit ZIP Codes 99501 through 99539); any portion of
Hawaii other than the 968 3-digit ZIP Code area; or the U.S. Virgin
Islands;
(2) The destination is in the contiguous 48 states and the origin
is in Alaska, Hawaii, or the U.S. Virgin Islands; or
(3) The origin and destination are in different non-contiguous
states or territories, excluding mail to and from Guam and mail between
Puerto Rico and the U.S. Virgin Islands.
(e) A 5-day service standard is applied to all remaining domestic
First-Class Mail pieces properly accepted before the day-zero CET.
(f) The service standard for Outbound Single-Piece First-Class Mail
InternationalTM; pieces properly accepted before the day-
zero CET is equivalent to the service standard for domestic First-Class
Mail pieces originating from the same 3-digit ZIP Code area and
destined to the 3-digit ZIP Code area in which the designated
International Service Center is located.
(g) The service standard for Inbound Single-Piece First-Class Mail
International pieces properly accepted before the day-zero CET is
equivalent to the service standard for domestic First-Class Mail pieces
destined to the same 3-digit ZIP Code area and originating from the 3-
digit ZIP Code area in which the designated International Service
Center is located.
0
3. Section 121.2 is revised to read as follows:
Sec. 121.2 Periodicals.
(a) End-to-End.
(1)(i) Until February 1, 2014, a 2- to 4-day service standard is
applied to Periodicals pieces properly accepted before the day-zero
Critical Entry Time (CET) and merged with First-Class Mail pieces for
surface transportation (as per the Domestic Mail Manual (DMM)), with
the standard specifically equaling the sum of 1 day plus the applicable
First-Class Mail service standard;
(ii) On and after February 1, 2014, a 3- to 4-day service standard
is applied to Periodicals pieces properly accepted before the day-zero
CET and merged with First-Class Mail pieces for surface transportation
(as per the DMM), with the standard specifically equaling the sum of 1
day plus the applicable First-Class Mail service standard.
(2) A 3-day service standard is applied to Periodicals pieces
properly accepted before the day-zero CET if: the origin and
destination are separately in Puerto Rico and the U.S. Virgin Islands;
or if the origin is in Alaska, the service standards set forth in
paragraphs (a)(1)(i) and (ii) do not apply, and the destination is in
the following 3-digit ZIP Code areas in Alaska (or designated portions
thereof): 995 (5-digit ZIP Codes 99540 through 99599), 996, 997, 998,
and 999.
(3) A 4-day service standard is applied to Periodicals pieces
properly accepted before the day-zero CET if: the origin and
destination are separately in Hawaii and Guam; or the origin and
destination are separately in Hawaii and American Samoa.
(4)(i) A 5- to 8-day service standard is applied to Periodicals
pieces properly accepted before the day-zero CET if they originate and
destinate within the contiguous 48 states, they are not merged with
First-Class Mail pieces for surface transportation (as per the DMM),
and the Area Distribution Center (ADC) and Sectional Center Facility
(SCF) are co-located, with the standard specifically equaling the sum
of 4 days plus the number of additional days (from 1 to 4) required for
surface transportation between the applicable 3-digit ZIP Code origin-
destination pairs;
(ii) A 6- to 9-day service standard is applied to Periodicals
pieces properly accepted before the day-zero CET if they originate and
destinate within the contiguous 48 states, they are not merged with
First-Class Mail pieces for surface transportation (as per the DMM),
[[Page 31197]]
and the ADC and SCF are not co-located, with the standard specifically
equaling the sum of 5 days plus the number of additional days (from 1
to 4) required for surface transportation between the applicable 3-
digit ZIP Code origin-destination pairs;
(5) A 12- to 26-day service standard is applied to all remaining
Periodicals pieces properly accepted before the day-zero CET, with the
standard specifically equaling the sum of 5 days plus the number of
additional days (from 7 to 21) required for intermodal (highway, boat,
air-taxi) transportation outside the contiguous 48 states for the
applicable 3-digit ZIP Code origin-destination pairs.
(b) Destination Entry.
(1) Destination Delivery Unit (DDU) Entered Mail. A 1-day
(overnight) service standard is applied to Periodicals pieces that
qualify for a DDU rate and are properly accepted before the day-zero
CET at the designated DDU.
(2) Destination Sectional Center Facility (DSCF) Entered Mail.
(i) A 1-day (overnight) service standard is applied to Periodicals
pieces that qualify for a DSCF rate and are properly accepted before
the day-zero CET at the designated DSCF, except for mail entered at the
SCF in Puerto Rico and destined to the U.S. Virgin Islands, mail
entered at the SCF in Hawaii and destined to American Samoa, and mail
destined to the following 3-digit ZIP Code areas in Alaska (or
designated portions thereof): 995 (5-digit ZIP Codes 99540 through
99599), 996, 997, 998, and 999;
(ii) A 3-day service standard is applied to Periodicals pieces that
qualify for a DSCF rate and are properly accepted before the day-zero
CET at the designated DSCF, if the they are entered at the DSCF in
Puerto Rico and destined to the U.S. Virgin Islands, entered at the
DSCF in Hawaii and destined to American Samoa, or destined to the
following 3-digit ZIP Code areas in Alaska (or designated portions
thereof): 995 (5-digit ZIP Codes 99540 through 99599), 996, 997, 998,
and 999.
(3) Destination Area Distribution Center (DADC) Entered Mail.
(i) A 1-day (overnight) service standard is applied to Periodicals
pieces that qualify for a DADC rate and are properly accepted before
the day-zero CET at the designated DADC, if the DADC and DSCF are co-
located;
(ii) A 2-day service standard is applied to Periodicals pieces that
qualify for a DADC rate and are properly accepted before the day-zero
CET at the designated DADC, if the DADC and DSCF are not co-located,
unless the mail is entered at a DADC within the contiguous 48 states
and destined outside the contiguous 48 states, or entered at the DADC
in Puerto Rico and destined to the U.S. Virgin Islands, or destined to
either American Samoa or the following 3-digit ZIP Code areas in Alaska
(or designated portions thereof): 995 (5-digit ZIP Codes 99540 through
99599), 996, 997, 998, and 999;
(iii) A 4-day service standard is applied to Periodicals pieces
that qualify for a DADC rate and are properly accepted before the day-
zero CET at the designated DADC, if they are entered at the DADC in
Puerto Rico and destined to the U.S. Virgin Islands, or if they are
destined to American Samoa or the following 3-digit ZIP Code areas in
Alaska (or designated portions thereof): 995 (5-digit ZIP Codes 99540
through 99599), 996, 997, 998, and 999;
(iv) An 11-day service standard is applied to Periodicals pieces
that qualify for a DADC rate, are properly accepted before the day-zero
CET at the designated DADC in the contiguous 48 states, and are
destined to the 998 or 999 3-digit ZIP Code areas in Alaska.
(4) Destination Network Distribution Center (DNDC)/Auxiliary
Service Facility (ASF) Entered Mail.
(i) A 2-day service standard is applied to Periodicals pieces that
qualify for a DADC containerized rate, are properly accepted before the
day-zero CET at the designated DNDC or ASF in the contiguous 48 states,
and are destined within the contiguous 48 states, if the DADC and DSCF
are co-located;
(ii) A 3-day service standard is applied to Periodicals pieces that
qualify for a DADC containerized rate, are properly accepted before the
day-zero CET at the designated DNDC or ASF in the contiguous 48 states,
and are destined within the contiguous 48 states, if the DADC and DSCF
are not co-located;
(iii) An 8- to 10-day service standard is applied to Periodicals
pieces that qualify for a DADC containerized rate, are properly
accepted before the day-zero CET at the designated DNDC or ASF in the
contiguous 48 states, and are destined outside the contiguous 48
states, if the DADC and DSCF are co-located, with the specific standard
being based on the number of days required for transportation outside
the contiguous 48 states;
(iv) A 9- to 11-day service standard is applied to Periodicals
pieces that qualify for a DADC containerized rate, are properly
accepted before the day-zero CET at the designated DNDC or ASF in the
contiguous 48 states, and are destined outside the contiguous 48
states, if the DADC and DSCF are not co-located, with the specific
standard being based on the number of days required for transportation
outside the contiguous 48 states.
0
4. Section 121.3 is revised to read as follows:
Sec. 121.3 Standard Mail.
(a) End-to-End. (1) The service standard for Sectional Center
Facility (SCF) turnaround Standard Mail[supreg] pieces accepted at
origin before the day-zero Critical Entry Time is 3 days when the
origin Processing & Distribution Center/Facility (OPD&C/F) and the SCF
are the same building, except for mail between the territories of
Puerto Rico and the U.S. Virgin Islands.
(2) The service standard for Area Distribution Center (ADC)
turnaround Standard Mail pieces accepted at origin before the day-zero
Critical Entry Time is 4 days when the OPD&C/F and the ADC are the same
building, unless the ADC is in the contiguous 48 states and the
delivery address is not, or the mail is between Puerto Rico and the
U.S. Virgin Islands, or the mail is between Hawaii and American Samoa.
(3) The service standard for intra-Network Distribution Center
(NDC) Standard Mail pieces accepted at origin before the day-zero
Critical Entry Time is 5 days for each remaining 3-digit ZIP Code
origin-destination pair within the same Network Distribution Center
service area if the origin and destination are within the contiguous 48
states; the same standard applies to mail that is intra-Alaska or
between the state of Hawaii and the territory of Guam or American
Samoa.
(4) For each remaining 3-digit ZIP Code origin-destination pair
within the contiguous 48 states, the service standard for Standard Mail
pieces accepted at origin before the day-zero Critical Entry Time is
the sum of 5 or 6 days plus the number of additional days (from 1 to 4)
required for surface transportation between each 3-digit ZIP Code
origin-destination pair.
(5) For each remaining 3-digit ZIP Code origin-destination pair,
the service standard for Standard Mail pieces accepted at origin before
the day-zero Critical Entry Time is the sum of 5 or 6 days plus the
number of additional days (from 7 to 21) required for intermodal
(highway, boat, air-taxi) transportation outside the contiguous 48
states for each 3-digit ZIP Code origin-destination pair.
(b) Destination Entry. (1) Standard Mail pieces that qualify for a
Destination Delivery Unit (DDU) rate and that are accepted before the
day-
[[Page 31198]]
zero Critical Entry Time at the proper DDU have a 2-day service
standard.
(2) Standard Mail pieces that qualify for a Destination Sectional
Center Facility (DSCF) rate and that are accepted before the day-zero
Critical Entry Time at the proper DSCF have a 3-day service standard,
except for mail dropped at the SCF in the territory of Puerto Rico and
destined to the territory of the U.S. Virgin Islands, or mail destined
to American Samoa.
(3) Standard Mail pieces that qualify for a Destination Sectional
Center Facility (DSCF) rate, are accepted before the day-zero Critical
Entry Time at the SCF, and are either entered in Puerto Rico and
destined to the U.S. Virgin Islands, or are destined to American Samoa,
have a 4-day service standard.
(4) Standard Mail pieces that qualify for a Destination Network
Distribution Center (DNDC) rate, and that are accepted before the day-
zero Critical Entry Time at the proper DNDC have a 5-day service
standard, if both the origin and the destination are in the contiguous
48 states.
(5) Standard Mail pieces that qualify for a Destination Network
Distribution Center (DNDC) rate, and that are accepted before the day-
zero Critical Entry Time at the proper DNDC in the contiguous 48 states
for delivery to addresses in the states of Alaska or Hawaii or the
territories of Guam, American Samoa, Puerto Rico, or the U.S. Virgin
Islands, have a service standard of 12-14 days, depending on the 3-
digit origin-destination ZIP Code pair. For each such pair, the
applicable day within the range is based on the number of days required
for transportation outside the contiguous 48 states.
0
5. Section 121.4 is revised to read as follows:
Sec. 121.4 Package Services.
(a) End-to-End. (1) The service standard for Sectional Center
Facility (SCF) turnaround Package Services mail accepted at the origin
SCF before the day-zero Critical Entry Time is 2 days when the origin
Processing & Distribution Center/Facility and the SCF are the same
building, except for mail between the territories of Puerto Rico and
the U.S. Virgin Islands, and mail destined to American Samoa.
(2) The service standard for intra-Network Distribution Center
(NDC) Package Services mail accepted at origin before the day-zero
Critical Entry Time is 3 days, for each remaining (non-intra-SCF) 3-
digit ZIP Code origin-destination pair within a Network Distribution
Center service area, where the origin and destination is within the
contiguous 48 states and is not served by an Auxiliary Service
Facility; and for mail between the territories of Puerto Rico and the
U.S. Virgin Islands, and for mail destined to American Samoa.
(3) The service standard for intra-Network Distribution Center
(NDC) Package Services mail accepted at origin before the day-zero
Critical Entry Time is 4 days for each remaining 3-digit ZIP Code
origin-destination pair within a Network Distribution Center service
area, where the destination delivery address is served by an Auxiliary
Service Facility; the same standard applies to all remaining intra-
Alaska mail and mail between the state of Hawaii and the territory of
Guam, and mail destined to American Samoa.
(4) For each remaining 3-digit ZIP Code origin-destination pair
within the contiguous 48 states, the service standard for Package
Services mail accepted at origin before the day-zero Critical Entry
Time is between 5 and 8 days. For each such 3-digit ZIP Code origin-
destination pair, this is the sum of 4 days, plus the number of
additional days (from 1 to 4) required for surface transportation
between each 3-digit ZIP Code origin-destination pair, plus an
additional day if the destination delivery address is served by an
Auxiliary Service Facility.
(5) For each remaining 3-digit ZIP Code origin-destination pair for
which either the origin or the destination is outside the contiguous 48
states, the service standard for Package Services mail accepted at
origin before the day-zero Critical Entry Time is between 10 and 26
days. For each such 3-digit ZIP Code origin-destination pair, this
represents the sum of 3 to 4 days, plus the number of days (ranging
from 7 to 22) required for intermodal (highway, boat, air-taxi)
transportation between each 3-digit ZIP Code origin-destination pair.
(6) The service standard for Inbound Surface Parcel Post[supreg]
pieces (subject to Universal Postal Union rates) is the same as the
service standard for domestic Package Services mail from the 3-digit
ZIP Code area in which the International Network Distribution Center is
located in the 3-digit ZIP Code in which the delivery address is
located.
(b) Destination Entry. (1) Package Services mail that qualifies for
a Destination Delivery Unit (DDU) rate, and that is accepted before the
day-zero Critical Entry Time at the proper DDU, has a 1-day (overnight)
service standard.
(2) Package Services mail that qualifies for a Destination
Sectional Center Facility (DSCF) rate, and that is accepted before the
day-zero Critical Entry Time at the proper DSCF, has a 2-day service
standard, except for mail dropped at the SCF in the territory of Puerto
Rico and destined to the territory of the U.S. Virgin Islands, and mail
destined to American Samoa.
(3) Package Services mail that qualifies for a Destination
Sectional Center Facility (DSCF) discount, is accepted before the day-
zero Critical Entry Time at the SCF, and is destined to either American
Samoa or the U.S. Virgin Islands, has a 3-day service standard.
(4) Package Services mail that qualifies for a Destination Network
Distribution Center (DNDC) rate, and is accepted before the day-zero
Critical Entry Time at the proper DNDC or Destination Auxiliary Service
Facility, and originates and destinates in the contiguous 48 states,
has a 3-day service standard.
(5) Package Services mail that qualifies for a Destination Network
Distribution Center (DNDC) rate, and that is accepted before the day-
zero Critical Entry Time at the proper DNDC in the contiguous 48 states
for delivery to addresses in the states of Alaska or Hawaii, or the
territories of Guam, American Samoa, Puerto Rico, or the U.S. Virgin
Islands has a service standard of either 11 or 12 days, depending on
the 3-digit ZIP Code origin-destination pair. For each such pair, the
applicable day within the range is based on the number of days required
for transportation outside the contiguous 48 states.
0
6. The Appendix to Part 121 is revised to read as follows:
Appendix A to Part 121--Tables Depicting Service Standard Day Ranges
The following tables reflect the service standard day ranges
resulting from the application of the business rules applicable to
the market-dominant mail products referenced in Sec. Sec. 121.1
through 121.4:
[[Page 31199]]
Table 1. Prior to February 1, 2014, end-to-end service standard
day ranges for mail originating and destinating within the
contiguous 48 states and the District of Columbia.
Contiguous United States
------------------------------------------------------------------------
End-to-end
Mail class range
(days)
------------------------------------------------------------------------
First-Class Mail........................................... 1-3
Periodicals................................................ 2-9
Standard Mail.............................................. 3-10
Package Services........................................... 2-8
------------------------------------------------------------------------
Table 2. On and after February 1, 2014, end-to-end service
standard day ranges for mail originating and destinating within the
contiguous 48 states and the District of Columbia.
Contiguous United States
------------------------------------------------------------------------
End-to-end
Mail class range
(days)
------------------------------------------------------------------------
First-Class Mail........................................... 1-3
Periodicals................................................ 3-9
Standard Mail.............................................. 3-10
Package Services........................................... 2-8
------------------------------------------------------------------------
Table 3. Prior to February 1, 2014, end-to-end service standard
day ranges for mail originating and/or destinating in non-contiguous
states and territories.
Non-Contiguous States and Territories
--------------------------------------------------------------------------------------------------------------------------------------------------------
End-to-end
--------------------------------------------------------------------------------------------------------------------
Intra state/territory To/From contiguous 48 states To/From states of Alaska and Hawaii,
------------------------------------------------------------------------------ and the territories of Guam, Puerto
Rico and the U.S. Virgin Islands
Mail class Hawaii, Hawaii, --------------------------------------
Guam, & Puerto Rico Guam, & Puerto Rico Hawaii,
Alaska American & USVI Alaska American & USVI Guam, & Puerto Rico
Samoa Samoa Alaska American & USVI
Samoa
--------------------------------------------------------------------------------------------------------------------------------------------------------
First-Class Mail................... 1-3 1-3 1-2 3-4 3-5 3-4 4-5 4-5 4-5
Periodicals........................ 2-4 2-4 2-3 13-19 12-22 11-16 21-25 21-26 23-26
Standard Mail...................... 3-5 3-5 3-4 14-20 13-23 12-17 23-26 23-27 24-27
Package Services................... * 2-4 2-4 2-3 12-18 11-21 10-15 21-26 20-26 20-24
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Excluding bypass mail.
Table 4. On and after February 1, 2014, end-to-end service
standard day ranges for mail originating and/or destinating in non-
contiguous states and territories.
Non-Contiguous States and Territories
--------------------------------------------------------------------------------------------------------------------------------------------------------
End-to-end
--------------------------------------------------------------------------------------------------------------------
Intra state/territory To/From contiguous 48 states To/From states of Alaska and Hawaii,
------------------------------------------------------------------------------ and the Territories of Guam, Puerto
Rico and the U.S. Virgin Islands
Mail class Hawaii, Hawaii, --------------------------------------
Guam, & Puerto Rico Guam, & Puerto Rico Hawaii,
Alaska American & USVI Alaska American & USVI Guam, & Puerto Rico
Samoa Samoa Alaska American & USVI
Samoa
--------------------------------------------------------------------------------------------------------------------------------------------------------
First-Class Mail................... 1-3 1-3 1-2 3-4 3-5 3-4 4-5 4-5 4-5
Periodicals........................ 3-4 3-4 3 13-19 12-22 11-16 21-25 21-26 23-26
Standard Mail...................... 3-5 3-5 3-4 14-20 13-23 12-17 23-26 23-27 24-27
Package Services................... * 2-4 2-4 2-3 12-18 11-21 10-15 21-26 20-26 20-24
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Excluding bypass mail.
Table 5. Destination-entry service standard day ranges for mail
to the contiguous 48 states and the District of Columbia.
[[Page 31200]]
Contiguous United States
----------------------------------------------------------------------------------------------------------------
Destination entry (at appropriate facility)
---------------------------------------------------
Mail class NDC/ASF
DDU (days) SCF (days) ADC (days) (days)
----------------------------------------------------------------------------------------------------------------
Periodicals................................................. 1 1 1-2 2-3
Standard Mail............................................... 2 3 ........... 5
Package Services............................................ 1 2 ........... 3
----------------------------------------------------------------------------------------------------------------
Table 6. Destination entry service standard day ranges for mail
to non-contiguous states and territories.
Non-Contiguous States and Territories
--------------------------------------------------------------------------------------------------------------------------------------------------------
Destination Entry (at appropriate facility)
-------------------------------------------------------------------------------------------------
SCF (Days) ADC (Days) NDC (Days)
----------------------------------------------------------------------------------------
Mail class DDU Hawaii, Hawaii, Hawaii,
(Days) Guam, & Puerto Guam, & Puerto Guam, & Puerto
Alaska American Rico & Alaska American Rico & Alaska American Rico &
Samoa USVI Samoa USVI Samoa USVI
--------------------------------------------------------------------------------------------------------------------------------------------------------
Periodicals........................................... 1 1-3 1 1-3 1-4 (AK) 1 (HI) 2 1-4 10-11 10 8-10
11 (JNU) (GU)
11 (KTN)
Standard Mail......................................... 2 3 3-4 3-4 ......... ......... ....... 14 13 12
Package Services...................................... 1 2 2-3 2-3 ......... ......... ....... 12 11 11
--------------------------------------------------------------------------------------------------------------------------------------------------------
AK = Alaska 3-digit ZIP Codes 995-997; JNU = Juneau AK 3-digit ZIP Code 998; KTN = Ketchikan AK 3-digit ZIP Code 999; HI = Hawaii 3-digit ZIP Codes 967
and 968; GU = Guam 3-digit ZIP Code 969.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2012-12564 Filed 5-24-12; 8:45 am]
BILLING CODE 7710-12-P