Mail Classification Schedule, 21506-21511 [2016-08322]

Download as PDF 21506 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Proposed Rules (TCCA); or Bombardier, Inc.’s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (j) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian AD CF–2016–03R1, dated February 18, 2016, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2016–5463. (2) For service information identified in ˆ this AD, contact Bombardier, Inc., 400 Cote´ Vertu Road West, Dorval, Quebec H4S 1Y9, Canada; telephone: 514–855–5000; fax: 514– 855–7401; email: thd.crj@ aero.bombardier.com; Internet: http:// www.bombardier.com. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on March 31, 2016. Victor Wicklund, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–08250 Filed 4–11–16; 8:45 am] BILLING CODE 4910–13–P POSTAL REGULATORY COMMISSION 39 CFR Part 3020 [Docket No. RM2016–8; Order No. 3213] Mail Classification Schedule Postal Regulatory Commission. Proposed rulemaking. AGENCY: ACTION: The Commission is proposing rules which amend existing rules related to the Mail Classification Schedule and its associated product lists. The proposed rules revise some existing rules in order to better conform with current Commission practices related to the Mail Classification Schedule. The Commission invites public comment on the proposed rules. DATES: Comments are due: May 12, 2016. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: SUMMARY: jstallworth on DSK7TPTVN1PROD with PROPOSALS Table of Contents I. Introduction II. History III. Rule Modifications IV. Public Representative V. Invitation of Comments VI. Ordering Paragraphs I. Introduction This rulemaking is initiated by the Postal Regulatory Commission VerDate Sep<11>2014 15:12 Apr 11, 2016 Jkt 238001 (Commission) to fulfill its responsibilities under the Postal Accountability and Enhancement Act (PAEA), Public Law 109–435, 120 Stat. 3198 (2006). The proposed rules amend existing rules concerning the Mail Classification Schedule (MCS) and the associated market dominant and competitive product lists. The proposals amend existing rules to conform to the current practice of publishing the MCS on the Commission’s Web site at www.prc.gov, noticing changes to the market dominant and competitive product lists in the Federal Register, and publishing the market dominant and competitive product lists in the Code of Federal Regulations (CFR). The proposed rules replace existing 39 CFR part 3020, subpart A in its entirety. Conforming changes also are proposed for 39 CFR part 3020, subparts B, C, and D. The proposed text for these rules appears after the signature of this Order. II. History On October 29, 2007, the Commission issued Order No. 43, which in part established rules concerning the MCS, and the market dominant and competitive product lists.1 It also directed publication of an MCS outline in the CFR that was limited to a table of contents and the market dominant and competitive product lists. Order No. 43, Appendix A. These rules, including the appendix, were codified at 39 CFR part 3020. The Commission, in Docket No. RM2007–1, also began the process of developing a comprehensive MCS.2 This task was not complete at the time the Commission issued Order No. 43. When an initial proposed MCS was complete, the Commission initiated Docket No. RM2011–8 to incorporate it into the CFR.3 The proposed MCS was to replace the existing outline of the MCS. The Commission solicited and received comments on both the proposed MCS and the corresponding rules. The suggestions provided in the 1 Docket No. RM2007–1, Order Establishing Ratemaking Regulations for Market Dominant and Competitive Products, October 29, 2007, at 99–108, 138–154 (Order No. 43); 72 FR 64155, November 15, 2007. 2 Docket No. RM2007–1, Order No. 26, Order Proposing Regulations to Establish a System of Ratemaking, August 15, 2007, at 2, 82–83; 72 FR 50744, September 4, 2007. See also Order No. 43 at 99. 3 Docket No. RM2011–8, Order No. 666, Notice of Proposed Rulemaking Concerning Mail Classification Schedule, February 7, 2011; Docket No. RM2011–8, Order No. 758, Notice of Proposed Rulemaking Concerning Mail Classification Schedule (Revising Order No. 666), July 12, 2011; 76 FR 51311 (Aug. 18, 2011) (to be codified at 39 CFR part 3020, subpart A). PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 comments were extremely helpful in further developing the MCS and have been incorporated into the rule proposals appearing in the instant rulemaking. From an administrative perspective, the rulemaking also required the Commission to develop internal procedures for implementing the proposed rules. This included procedures for publishing timely updates to the MCS and the associated product lists appearing in the CFR. Because of the continuous flow of Postal Service proposals to add or modify products, the Commission recognized that keeping the CFR-published MCS and the associated product lists current would require updates on a weekly, if not daily, basis. With the procedures envisioned and the anticipated frequency of updates, the Commission concluded that it would incur prohibitive publication costs and challenging resource burdens.4 In the interim, the Postal Service and the Commission each maintained versions of the MCS. The Postal Service used its version when presenting price and classification proposals to the Commission for evaluation. This required the Commission to first resolve any differences between the Commission’s version of the MCS and the Postal Service’s version of the MCS before considering the Postal Service’s proposals. On April 1, 2013, the Commission published its version of the MCS to the Commission’s Web site.5 This provided visibility to all interested persons participating in Commission proceedings as to current prices and classifications. From this point forward, the Postal Service submitted its proposed price and classification changes based on this version of the MCS. The Commission developed internal procedures for updating the draft MCS appearing on its Web site on approximately a monthly basis. The Commission displays all changes in redline, as had been requested by the Postal Service. The redline changes are incorporated, and a new baseline MCS created, at the conclusion of major price or classification proceedings. All prior versions of the MCS are archived and available on the Web site for reference. 4 The Commission also explored a ‘‘publication by reference’’ approach with the Federal Register. This approach presented an equal number of challenges to the Commission and was dropped from consideration. 5 Notice of Posting Draft Mail Classification Schedule to the Commission’s Web site, April 1, 2013. At this stage in the development of the MCS, the Commission’s version and the Postal Service’s version were nearly identical. E:\FR\FM\12APP1.SGM 12APP1 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Proposed Rules jstallworth on DSK7TPTVN1PROD with PROPOSALS The Commission also developed internal procedures for publishing product list changes in the Federal Register and for updating the outline MCS appearing in the CFR. The Commission, at that time, removed the table of contents from the outline MCS and simply provided current market dominant and competitive product lists.6 The Commission also elected to notice product list changes in the Federal Register and update the product lists in the CFR on approximately a quarterly basis. Internal Commission procedures were implemented to compile product list changes directed by Commission orders by calendar quarter. The compiled list of changes are noticed in the Federal Register and are used to update the outline MCS appearing in the CFR shortly after the close of each calendar quarter. The instant rulemaking proposes to codify the current practice, as described in the above procedures. The MCS appearing on the Web site has proven effective in documenting current prices and classifications and in facilitating communications of the Postal Service’s proposed price and classification changes to the Commission. The procedures for noticing product list changes in the Federal Register and updating product lists in the CFR fulfill the statutory requirements for publishing revised product lists. The effect of the rulemaking is to make the version of the MCS appearing on the Commission’s Web site the authoritative and most up to date comprehensive source for price and classification information for Postal Service products.7 In keeping with current practice, the proposed rules codify that product lists will continue to be published in the CFR, with notice of changes published in the Federal Register. The proposed rules no longer indicate that the MCS will be published in the CFR. III. Rule Modifications The Commission’s existing rules concerning the MCS, which include the associated market dominant and the competitive product lists, are codified at 39 CFR part 3020, subpart A—Mail Classification Schedule. An abridged version of the MCS (which only includes the market dominant and competitive product lists) is codified at 6 The table of contents was hopelessly outdated and contradicted the table of contents appearing in the MCS appearing on the Commission’s Web site. 7 The proposed rules recognize the immediate binding effect of the Commission’s final orders on the Postal Service, subject to statutory challenge, and the inherent time lag in updating product lists and the MCS. VerDate Sep<11>2014 15:12 Apr 11, 2016 Jkt 238001 39 CFR part 3020, Appendix A to subpart A—Mail Classification Schedule. This rulemaking codifies current practice. The product lists and the MCS will be treated as separate items. Only the product lists are noticed in the Federal Register and published in the CFR. The MCS will be available on the Commission’s Web site.8 Conforming changes are also required in 39 CFR part 3020, subparts B, C, and D. The title of subpart A is changed from ‘‘Mail Classification Schedule’’ to ‘‘Product Lists and Mail Classification Schedule.’’ The addition of ‘‘Product Lists’’ to the title more accurately describes the content of subpart A. The existing § 3020.1, ‘‘Applicability,’’ specifies that the market dominant and competitive product lists are to be included as part of the MCS. The proposed § 3020.1 describes the product lists and the MCS as separate items. Proposed § 3020.1(a) clarifies that it is the Commission’s responsibility to establish and maintain lists of Postal Service products and a MCS. Proposed § 3020.1(b) replaces existing § 3020.1(a). Both specify that the starting point for the product lists are the market dominant products identified in 39 U.S.C. 3621(a) and the competitive products identified in 39 U.S.C. 3631(a). Proposed § 3020.1(b) expands upon this requirement by including products within the product lists identified as market tests pursuant to 39 U.S.C. 3641 and nonpostal pursuant to 39 U.S.C. 404(e). This flows from the requirement for the Postal Service to properly categorize market tests as either market dominant or competitive (39 U.S.C. 3641(b)(2)) and the Commission to properly categorize nonpostal services as either market dominant or competitive (39 U.S.C. 404(e)(5)).9 Proposed § 3020.1(c) states the purpose of the MCS as providing current price and classification information applicable to the products appearing on the market dominant and competitive product lists. Proposed § 3020.1(d) modifies the material previously included in existing § 3020.1(b) by addressing the product lists and the MCS as two separate items. The proposed section provides that 8 For the convenience of the reader, the MCS will include copies of the market dominant and competitive product lists. 9 This change was adopted at the suggestion of the Docket No. RM2011–8 Public Representative. Docket No. RM2011–8, Public Representative Comments on Notice of Proposed Rulemaking Concerning Mail Classification Schedule, March 24, 2011, at 5. PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 21507 either item may be modified subject to the procedures in 39 CFR part 3020. Proposed § 3020.2 directs that the market dominant and competitive product lists shall be published in the Federal Register as appendix A to subpart A of part 3020 and appendix B to subpart A of part 3020, respectively. Currently, an abridged version of the MCS, which includes only the market dominant and competitive product lists, is published in the Federal Register as appendix A to subpart A of part 3020. The intent of the existing rule was to eventually publish the entire MCS in the Federal Register. The intent of the proposed rule is to implement current practice and only publish the market dominant and competitive product lists in the Federal Register. Providing a separate appendix for each product list is intended to potentially reduce Federal Register publication costs when modifications are required of one product list but not the other. Proposed § 3020.3 explains how product lists are modified and how the public is notified of such changes. This section replaces and expands upon the material previously appearing in existing § 3020.14. Generally, § 3020.3 implements the publication requirement appearing in 39 U.S.C. 3642(d)(2), which requires Federal Register notice of product list changes. Proposed § 3020.3(a) explains that the requirement to publish notice of a product list change is triggered by a Commission final order that directs such changes. The current practice of the Commission is to accumulate all final orders involving changes to product lists and to file a product list update with the Federal Register on a quarterly basis. Proposed § 3020.3(b) sets a maximum 6-month deadline for filing the quarterly update. This essentially provides a maximum of 3 months from the quarterly accumulation cutoff date to process and submit the changes to the Federal Register. The Commission’s position is that Commission orders issued within its jurisdiction are binding upon the Postal Service when issued, unless challenged pursuant to 39 U.S.C. 3663. Accordingly, § 3020.3(c) specifies that changes to product lists are effective upon issuance of the final order, and not upon publication in the Federal Register, which generally occurs at a later date. Proposed § 3020.3(d) specifies the content of the Federal Register notice consistent with the requirements of 39 U.S.C. 3642(d)(2). This material previously appeared in existing § 3020.14. E:\FR\FM\12APP1.SGM 12APP1 21508 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Proposed Rules Since April 1, 2013, the MCS has been available on the Commission’s Web site at www.prc.gov. Proposed § 3020.4(a) directs the Commission to publish the authoritative version of the MCS on its Web site. Proposed § 3020.4(b) describes the minimum required content of the MCS. This material previously appeared in existing § 3020.13. Proposed § 3020.5 explains that modifications to the MCS are triggered by Commission final orders directing such changes. The current practice of the Commission is to accumulate all final orders involving changes to the MCS and to update it on a monthly basis. Proposed § 3020.5(b) sets a maximum 3month deadline for filing the quarterly update. This essentially provides a maximum of 2 months from the quarterly accumulation cutoff date to process and post a revised MCS to the Web site. The Commission’s position is that its orders are binding upon the Postal Service when issued, unless challenged pursuant to 39 U.S.C. 3663. Accordingly, § 3020.3(c) specifies that changes to the MCS are effective upon issuance of the final order, and not once the MCS is actually modified, which generally occurs at a later date. The titles to 39 CFR part 3020, subparts B, C, and D and §§ 3020.30, 3020.50, and 3020.70 refer to the product lists as being within the MCS. Conforming changes are proposed to remove this reference. 3. Pursuant to 39 U.S.C. 505, the Commission appoints Kenneth E. Richardson to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding. 4. Interested persons may submit comments no later than 30 days after the date of publication of this Order in the Federal Register. 5. The Secretary shall arrange for publication of this Order in the Federal Register. By the Commission. Stacy L. Ruble, Secretary. List of Subjects in 39 CFR Part 3017 Administrative practice and procedure. For the reasons discussed in the preamble, the Commission proposes to amend chapter III of title 39 of the Code of Federal Regulations as follows: PART 3020—PRODUCT LISTS 1. The authority citation for part 3020 continues to read as follows: ■ Authority: 39 U.S.C. 503; 3622; 3631; 3642; 3682. 2. Revise subpart A of part 3020 to read as follows: ■ Subpart A—Product Lists and the Mail Classification Schedule Pursuant to 39 U.S.C. 505, Kenneth E. Richardson is appointed to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this docket. Sec. 3020.1 Applicability. 3020.2 Product lists. 3020.3 Notice of product list change. 3020.4 Mail Classification Schedule. 3020.5 Modifications to the Mail Classification Schedule. Appendix A to Subpart A of Part 3020— Market Dominant Product List Appendix B to Subpart A of Part 3020— Competitive Product List V. Invitation of Comments § 3020.1 The Commission invites public comment on the proposed rules. Comments by interested persons are due 30 days after publication in the Federal Register. (a) The rules in this part require the Postal Regulatory Commission to establish and maintain lists of Postal Service products and a Mail Classification Schedule. (b) The product lists shall categorize postal products as either market dominant or competitive. As established, the market dominant and competitive product lists—shall be consistent with the market dominant products identified in 39 U.S.C. 3621(a) and the competitive products identified in 39 U.S.C. 3631(a). The market dominant and competitive product lists shall also include products identified as market tests pursuant to 39 U.S.C. 3641 and nonpostal pursuant to 39 U.S.C. 404(e). IV. Public Representative jstallworth on DSK7TPTVN1PROD with PROPOSALS VI. Ordering Paragraphs It is ordered: 1. Docket No. RM2016–8 is established for the purpose of receiving comments on the Commission’s proposed rules. 2. The Commission proposes to amend its rules as described below. The proposed amendments involve amending 39 CFR part 3020, subpart A—Mail Classification Schedule, and conforming amendments to subparts B, C, and D. VerDate Sep<11>2014 15:12 Apr 11, 2016 Jkt 238001 PO 00000 Applicability. Frm 00025 Fmt 4702 Sfmt 4702 (c) The Mail Classification Schedule shall provide current price and classification information applicable to the products appearing on the market dominant and competitive product lists. (d) Once established, the product lists and the Mail Classification Schedule may be modified subject to the procedures specified in this part. § 3020.2 Product lists. (a) Market dominant product list. The market dominant product list shall be published in the Federal Register at Appendix A to subpart A of part 3020— Market Dominant Product List. (b) Competitive product list. The competitive product list shall be published in the Federal Register at Appendix B to subpart A of part 3020— Competitive Product List. § 3020.3 Notice of product list change. (a) Whenever the Postal Regulatory Commission issues a final order that modifies the list of products in the market dominant category or the competitive category, it shall cause notice of such change to be published in the Federal Register. (b) Notice shall be submitted to the Federal Register for publication within 6 months of the issue date of the applicable final order that affects the change. (c) Modifications pending publication in the Federal Register are effective immediately upon written direction from the Postal Regulatory Commission. (d) The Federal Register notice shall: (i) Identify modifications to the current list of market dominant products and the current list of competitive products; and (ii) Indicate how and when the previous product lists have been modified. § 3020.4 Mail Classification Schedule. (a) The Postal Regulatory Commission shall publish a Mail Classification Schedule (including both current and previous versions) on its Web site at http://www.prc.gov. Copies of the Mail Classification Schedule also shall be available during regular business hours for reference and public inspection at the Postal Regulatory Commission located at 901 New York Avenue NW., Suite 200, Washington, DC 20268–0001. (b) The Mail Classification Schedule shall include, but shall not be limited to: (1) Front matter, including: (i) A cover page identifying the title of the document as the Mail Classification Schedule, the source of the document as the Postal Regulatory Commission (including Commission seal), and the publication date; E:\FR\FM\12APP1.SGM 12APP1 jstallworth on DSK7TPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Proposed Rules Schedule, it shall update the Mail Classification Schedule appearing on its Web site at http://www.prc.gov. (b) Modification to the Mail Classification Schedule shall be incorporated within 3 months of the issue date of the final order. (c) Modifications pending incorporation into the Mail Classification Schedule are effective immediately upon written direction from the Postal Regulatory Commission. (ii) A table of contents; (iii) A table specifying the revision history of the Mail Classification Schedule; and (iv) A table identifying Postal Service trademarks; and (2) Information concerning market dominant products, including: (i) A copy of the Market Dominant Product List; (ii) Descriptions of each market dominant product organized by the class of product, including: (A) Where applicable, the general characteristics, size and weight limitations, minimum volume requirements, price categories, and available optional features of each market dominant product; (B) A schedule listing the rates and fees for each market dominant product; (C) Where applicable, the identification of a product as a special classification within the meaning of 39 U.S.C. 3622(c)(10) for market dominant products; (D) Where applicable, the identification of a product as an experimental product undergoing a market test; and (E) Where applicable, the identification of a product as a nonpostal product; and (3) Information concerning competitive products, including: (i) A copy of the competitive product list; and (ii) Descriptions of each competitive product, including: (A) Where applicable, the general characteristics, size and weight limitations, minimum volume requirements, price categories, and available optional features of each competitive product; (B) A schedule listing the current rates and fees for each competitive product of general applicability; (C) The identification of each product not of general applicability within the meaning of 39 U.S.C. 3632(b)(3) for competitive products; (D) Where applicable, the identification of a product as an experimental product undergoing a market test; and (E) Where applicable, the identification of a product as a nonpostal product; and (4) A glossary of terms and conditions; and (5) A list of country codes for international mail prices. (An asterisk (*) indicates an organizational group, not a Postal Service product.) First-Class Mail * Single-Piece Letters/Postcards Presorted Letters/Postcards Flats Parcels Outbound Single-Piece First-Class Mail International Inbound Letter Post Standard Mail (Commercial and Nonprofit) * High Density and Saturation Letters High Density and Saturation Flats/Parcels Carrier Route Letters Flats Parcels Every Door Direct Mail—Retail Periodicals * In-County Periodicals Outside County Periodicals Package Services * Alaska Bypass Service Bound Printed Matter Flats Bound Printed Matter Parcels Media Mail/Library Mail Special Services * Ancillary Services International Ancillary Services Address Management Services Caller Service Credit Card Authentication International Reply Coupon Service International Business Reply Mail Service Money Orders Post Office Box Service Customized Postage Stamp Fulfillment Services Negotiated Service Agreements * Domestic * PHI Acquisitions, Inc. Negotiated Service Agreement International * Inbound Market Dominant Multi-Service Agreements with Foreign Postal Operators 1 ´ Inbound Market Dominant Expres Service Agreement 1 Nonpostal Services * Alliances with the Private Sector to Defray Cost of Key Postal Functions Philatelic Sales Market Tests * § 3020.5 Modifications to the Mail Classification Schedule. Appendix B to Subpart A of Part 3020— Competitive Product List (a) Whenever the Postal Regulatory Commission issues a final order that modifies the Mail Classification (An asterisk (*) indicates an organizational class or group, not a Postal Service product.) VerDate Sep<11>2014 15:12 Apr 11, 2016 Jkt 238001 Appendix A to Subpart A of Part 3020—Market Dominant Product List PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 21509 Domestic Products * Priority Mail Express Priority Mail Parcel Select Parcel Return Service First-Class Package Service Retail Ground International Products * Outbound International Expedited Services Inbound Parcel Post (at UPU rates) Outbound Priority Mail International International Priority Airmail (IPA) International Surface Air List (ISAL) International Direct Sacks—M-Bags Outbound Single-Piece First-Class Package International Service Negotiated Service Agreements * Domestic * Priority Mail Express Contract 8 Priority Mail Express Contract 15 Priority Mail Express Contract 16 Priority Mail Express Contract 17 Priority Mail Express Contract 18 Priority Mail Express Contract 19 Priority Mail Express Contract 20 Priority Mail Express Contract 21 Priority Mail Express Contract 22 Priority Mail Express Contract 23 Priority Mail Express Contract 24 Priority Mail Express Contract 25 Priority Mail Express Contract 26 Priority Mail Express Contract 27 Priority Mail Express Contract 28 Priority Mail Express Contract 29 Priority Mail Express Contract 30 Priority Mail Express Contract 31 Priority Mail Express Contract 32 Priority Mail Express Contract 33 Priority Mail Express Contract 34 Priority Mail Express Contract 35 Parcel Return Service Contract 5 Parcel Return Service Contract 6 Parcel Return Service Contract 7 Parcel Return Service Contract 8 Parcel Return Service Contract 9 Parcel Return Service Contract 10 Priority Mail Contract 24 Priority Mail Contract 29 Priority Mail Contract 33 Priority Mail Contract 56 Priority Mail Contract 57 Priority Mail Contract 58 Priority Mail Contract 59 Priority Mail Contract 60 Priority Mail Contract 61 Priority Mail Contract 62 Priority Mail Contract 63 Priority Mail Contract 64 Priority Mail Contract 65 Priority Mail Contract 66 Priority Mail Contract 67 Priority Mail Contract 70 Priority Mail Contract 71 Priority Mail Contract 72 Priority Mail Contract 73 Priority Mail Contract 74 Priority Mail Contract 75 Priority Mail Contract 76 Priority Mail Contract 77 Priority Mail Contract 78 Priority Mail Contract 79 Priority Mail Contract 80 Priority Mail Contract 81 Priority Mail Contract 82 Priority Mail Contract 83 Priority Mail Contract 84 E:\FR\FM\12APP1.SGM 12APP1 jstallworth on DSK7TPTVN1PROD with PROPOSALS 21510 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Proposed Rules Priority Mail Contract 161 Priority Mail Contract 162 Priority Mail Contract 163 Priority Mail Contract 164 Priority Mail Contract 165 Priority Mail Contract 166 Priority Mail Contract 167 Priority Mail Contract 168 Priority Mail Contract 169 Priority Mail Contract 170 Priority Mail Contract 171 Priority Mail Contract 172 Priority Mail Contract 173 Priority Mail Contract 174 Priority Mail Contract 175 Priority Mail Contract 176 Priority Mail Contract 177 Priority Mail Contract 178 Priority Mail Contract 179 Priority Mail Contract 180 Priority Mail Contract 181 Priority Mail Contract 182 Priority Mail Contract 183 Priority Mail Contract 184 Priority Mail Contract 185 Priority Mail Contract 186 Priority Mail Contract 187 Priority Mail Contract 188 Priority Mail Contract 189 Priority Mail Contract 190 Priority Mail Contract 191 Priority Mail Contract 192 Priority Mail Contract 193 Priority Mail Contract 194 Priority Mail Contract 195 Priority Mail Contract 196 Priority Mail Contract 197 Priority Mail Contract 198 Priority Mail Contract 199 Priority Mail Contract 200 Priority Mail Express & Priority Mail Contract 10 Priority Mail Express & Priority Mail Contract 12 Priority Mail Express & Priority Mail Contract 13 Priority Mail Express & Priority Mail Contract 14 Priority Mail Express & Priority Mail Contract 16 Priority Mail Express & Priority Mail Contract 17 Priority Mail Express & Priority Mail Contract 18 Priority Mail Express & Priority Mail Contract 19 Priority Mail Express & Priority Mail Contract 20 Priority Mail Express & Priority Mail Contract 21 Priority Mail Express & Priority Mail Contract 22 Priority Mail Express & Priority Mail Contract 23 Priority Mail Express & Priority Mail Contract 24 Priority Mail Express & Priority Mail Contract 25 Priority Mail Express & Priority Mail Contract 26 Priority Mail Express & Priority Mail Contract 27 Priority Mail Express & Priority Mail Contract 28 Parcel Select & Parcel Return Service Contract 3 Priority Mail Contract 85 Priority Mail Contract 86 Priority Mail Contract 87 Priority Mail Contract 88 Priority Mail Contract 89 Priority Mail Contract 90 Priority Mail Contract 91 Priority Mail Contract 92 Priority Mail Contract 93 Priority Mail Contract 94 Priority Mail Contract 95 Priority Mail Contract 96 Priority Mail Contract 97 Priority Mail Contract 98 Priority Mail Contract 99 Priority Mail Contract 100 Priority Mail Contract 101 Priority Mail Contract 102 Priority Mail Contract 103 Priority Mail Contract 104 Priority Mail Contract 105 Priority Mail Contract 106 Priority Mail Contract 107 Priority Mail Contract 108 Priority Mail Contract 109 Priority Mail Contract 110 Priority Mail Contract 111 Priority Mail Contract 112 Priority Mail Contract 113 Priority Mail Contract 114 Priority Mail Contract 115 Priority Mail Contract 116 Priority Mail Contract 117 Priority Mail Contract 118 Priority Mail Contract 119 Priority Mail Contract 120 Priority Mail Contract 121 Priority Mail Contract 122 Priority Mail Contract 123 Priority Mail Contract 124 Priority Mail Contract 125 Priority Mail Contract 126 Priority Mail Contract 127 Priority Mail Contract 128 Priority Mail Contract 129 Priority Mail Contract 130 Priority Mail Contract 131 Priority Mail Contract 132 Priority Mail Contract 133 Priority Mail Contract 134 Priority Mail Contract 135 Priority Mail Contract 136 Priority Mail Contract 137 Priority Mail Contract 138 Priority Mail Contract 139 Priority Mail Contract 140 Priority Mail Contract 141 Priority Mail Contract 142 Priority Mail Contract 143 Priority Mail Contract 144 Priority Mail Contract 145 Priority Mail Contract 146 Priority Mail Contract 147 Priority Mail Contract 148 Priority Mail Contract 149 Priority Mail Contract 150 Priority Mail Contract 151 Priority Mail Contract 152 Priority Mail Contract 153 Priority Mail Contract 154 Priority Mail Contract 155 Priority Mail Contract 156 Priority Mail Contract 157 Priority Mail Contract 158 Priority Mail Contract 159 Priority Mail Contract 160 VerDate Sep<11>2014 15:12 Apr 11, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 Parcel Select & Parcel Return Service Contract 5 Parcel Select Contract 2 Parcel Select Contract 5 Parcel Select Contract 7 Parcel Select Contract 8 Parcel Select Contract 9 Parcel Select Contract 10 Parcel Select Contract 11 Parcel Select Contract 12 Parcel Select Contract 13 Parcel Select Contract 14 Priority Mail—Non-Published Rates Priority Mail—Non-Published Rates 1 First-Class Package Service Contract 35 First-Class Package Service Contract 36 First-Class Package Service Contract 37 First-Class Package Service Contract 38 First-Class Package Service Contract 39 First-Class Package Service Contract 40 First-Class Package Service Contract 41 First-Class Package Service Contract 42 First-Class Package Service Contract 43 First-Class Package Service Contract 44 First-Class Package Service Contract 45 First-Class Package Service Contract 46 First-Class Package Service Contract 47 Priority Mail Express, Priority Mail & FirstClass Package Service Contract 2 Priority Mail Express, Priority Mail & FirstClass Package Service Contract 3 Priority Mail Express, Priority Mail & FirstClass Package Service Contract 4 Priority Mail Express, Priority Mail & FirstClass Package Service Contract 5 Priority Mail Express, Priority Mail & FirstClass Package Service Contract 6 Priority Mail Express, Priority Mail & FirstClass Package Service Contract 7 Priority Mail Express, Priority Mail & FirstClass Package Service Contract 8 Priority Mail Express, Priority Mail & FirstClass Package Service Contract 9 Priority Mail & First-Class Package Service Contract 2 Priority Mail & First-Class Package Service Contract 3 Priority Mail & First-Class Package Service Contract 4 Priority Mail & First-Class Package Service Contract 5 Priority Mail & First-Class Package Service Contract 6 Priority Mail & First-Class Package Service Contract 7 Priority Mail & First-Class Package Service Contract 8 Priority Mail & First-Class Package Service Contract 9 Priority Mail & First-Class Package Service Contract 10 Priority Mail & First-Class Package Service Contract 11 Priority Mail & First-Class Package Service Contract 12 Priority Mail & First-Class Package Service Contract 13 Priority Mail & First-Class Package Service Contract 14 Priority Mail & First-Class Package Service Contract 15 Priority Mail & First-Class Package Service Contract 16 Outbound International * Global Expedited Package Services (GEPS) Contracts E:\FR\FM\12APP1.SGM 12APP1 jstallworth on DSK7TPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Proposed Rules GEPS 3 Global Bulk Economy (GBE) Contracts Global Plus Contracts Global Plus 1C Global Plus 2C Global Reseller Expedited Package Contracts Global Reseller Expedited Package Services 1 Global Reseller Expedited Package Services 2 Global Reseller Expedited Package Services 3 Global Reseller Expedited Package Services 4 Global Expedited Package Services (GEPS)—Non-Published Rates Global Expedited Package Services (GEPS)—Non-Published Rates 2 Global Expedited Package Services (GEPS)—Non-Published Rates 3 Global Expedited Package Services (GEPS)—Non-Published Rates 4 Global Expedited Package Services (GEPS)—Non-Published Rates 5 Global Expedited Package Services (GEPS)—Non-Published Rates 6 Global Expedited Package Services (GEPS)—Non-Published Rates 7 Global Expedited Package Services (GEPS)—Non-Published Rates 8 Global Expedited Package Services (GEPS)—Non-Published Rates 9 Global Expedited Package Services (GEPS)—Non-Published Rates 10 Priority Mail International Regional Rate Boxes—Non-Published Rates Outbound Competitive International Merchandise Return Service Agreement with Royal Mail Group, Ltd. Priority Mail International Regional Rate Boxes Contracts Priority Mail International Regional Rate Boxes Contracts 1 Competitive International Merchandise Return Service Agreements with Foreign Postal Operators Competitive International Merchandise Return Service Agreements with Foreign Postal Operators 1 Competitive International Merchandise Return Service Agreements with Foreign Postal Operators 2 Inbound International * International Business Reply Service (IBRS) Competitive Contracts International Business Reply Service Competitive Contract 1 International Business Reply Service Competitive Contract 3 Inbound Direct Entry Contracts with Customers Inbound Direct Entry Contracts with Foreign Postal Administrations Inbound Direct Entry Contracts with Foreign Postal Administrations Inbound Direct Entry Contracts with Foreign Postal Administrations 1 Inbound EMS Inbound EMS 2 Inbound Air Parcel Post (at non-UPU rates) Royal Mail Group Inbound Air Parcel Post Agreement Inbound Competitive Multi-Service Agreements with Foreign Postal Operators 1 VerDate Sep<11>2014 15:12 Apr 11, 2016 Jkt 238001 Special Services * Address Enhancement Services Greeting Cards, Gift Cards, and Stationery International Ancillary Services International Money Transfer Service— Outbound International Money Transfer Service— Inbound Premium Forwarding Service Shipping and Mailing Supplies Post Office Box Service Competitive Ancillary Services Nonpostal Services * Advertising Licensing of Intellectual Property other than Officially Licensed Retail Products (OLRP) Mail Service Promotion Officially Licensed Retail Products (OLRP) Passport Photo Service Photocopying Service Rental, Leasing, Licensing or other NonSale Disposition of Tangible Property Training Facilities and Related Services USPS Electronic Postmark (EPM) Program Market Tests * International Merchandise Return Service (IMRS)—Non-Published Rates Customized Delivery Subpart B—Requests Initiated by the Postal Service To Modify the Product Lists 3. Revise the heading of subpart B to read as set forth above. ■ 4. Revise § 3020.30 to read as follows: ■ § 3020.30 General. The Postal Service, by filing a request with the Commission, may propose a modification to the market dominant product list or the competitive product list. For purposes of this part, modification shall be defined as adding a product to a list, removing a product from a list, or moving a product from one list to the other list. Subpart C—Requests Initiated by Users of the Mail To Modify the Product Lists 5. Revise the heading of subpart C as set forth above. ■ 6. Revise § 3020.50 to read as follows: ■ § 3020.50 General. Users of the mail, by filing a request with the Commission, may propose a modification to the market dominant product list or the competitive product list. For purposes of this part, modification shall be defined as adding a product to a list, removing a product from a list, or transferring a product from one list to the other list. Subpart D—Proposal of the Commission To Modify the Product Lists 7. Revise the heading of subpart D as set forth above. ■ PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 21511 Subpart D—Proposal of the Commission To Modify the Product Lists ■ 8. Revise § 3020.70 to read as follows: § 3020.70 General. The Commission, of its own initiative, may propose a modification to the market dominant product list or the competitive product list. For purposes of this part, modification shall be defined as adding a product to a list, removing a product from a list, or transferring a product from one list to the other list. [FR Doc. 2016–08322 Filed 4–11–16; 8:45 am] BILLING CODE 7710–FW–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 65 [WC Docket Nos. 10–90, 14–58; CC Docket No. 01–92; FCC 16–33] Connect America Fund, ETC Annual Reports and Certification; Developing a Unified Intercarrier Compensation Regime Federal Communications Commission. ACTION: Proposed rule. AGENCY: In this document, the Federal Communications Commission (Commission) proposes targeted rule changes to our existing accounting and affiliate transaction rules to eliminate inefficiencies and provide guidance to rate-of-return carriers regarding our expectations for appropriate expenditures. SUMMARY: Comments are due on or before May 12, 2016 and reply comments are due on or before June 13, 2016. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this document, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit comments, identified by either WC Docket No. 10– 90, WC Docket No. 14–58 or CC Docket No. 01–92, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Federal Communications Commission’s Web site: http:// fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting comments. • People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format DATES: E:\FR\FM\12APP1.SGM 12APP1

Agencies

[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Proposed Rules]
[Pages 21506-21511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08322]


=======================================================================
-----------------------------------------------------------------------

POSTAL REGULATORY COMMISSION

39 CFR Part 3020

[Docket No. RM2016-8; Order No. 3213]


Mail Classification Schedule

AGENCY: Postal Regulatory Commission.

ACTION: Proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Commission is proposing rules which amend existing rules 
related to the Mail Classification Schedule and its associated product 
lists. The proposed rules revise some existing rules in order to better 
conform with current Commission practices related to the Mail 
Classification Schedule. The Commission invites public comment on the 
proposed rules.

DATES: Comments are due: May 12, 2016.

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 
202-789-6820.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. History
III. Rule Modifications
IV. Public Representative
V. Invitation of Comments
VI. Ordering Paragraphs

I. Introduction

    This rulemaking is initiated by the Postal Regulatory Commission 
(Commission) to fulfill its responsibilities under the Postal 
Accountability and Enhancement Act (PAEA), Public Law 109-435, 120 
Stat. 3198 (2006). The proposed rules amend existing rules concerning 
the Mail Classification Schedule (MCS) and the associated market 
dominant and competitive product lists. The proposals amend existing 
rules to conform to the current practice of publishing the MCS on the 
Commission's Web site at www.prc.gov, noticing changes to the market 
dominant and competitive product lists in the Federal Register, and 
publishing the market dominant and competitive product lists in the 
Code of Federal Regulations (CFR).
    The proposed rules replace existing 39 CFR part 3020, subpart A in 
its entirety. Conforming changes also are proposed for 39 CFR part 
3020, subparts B, C, and D. The proposed text for these rules appears 
after the signature of this Order.

II. History

    On October 29, 2007, the Commission issued Order No. 43, which in 
part established rules concerning the MCS, and the market dominant and 
competitive product lists.\1\ It also directed publication of an MCS 
outline in the CFR that was limited to a table of contents and the 
market dominant and competitive product lists. Order No. 43, Appendix 
A. These rules, including the appendix, were codified at 39 CFR part 
3020.
---------------------------------------------------------------------------

    \1\ Docket No. RM2007-1, Order Establishing Ratemaking 
Regulations for Market Dominant and Competitive Products, October 
29, 2007, at 99-108, 138-154 (Order No. 43); 72 FR 64155, November 
15, 2007.
---------------------------------------------------------------------------

    The Commission, in Docket No. RM2007-1, also began the process of 
developing a comprehensive MCS.\2\ This task was not complete at the 
time the Commission issued Order No. 43.
---------------------------------------------------------------------------

    \2\ Docket No. RM2007-1, Order No. 26, Order Proposing 
Regulations to Establish a System of Ratemaking, August 15, 2007, at 
2, 82-83; 72 FR 50744, September 4, 2007. See also Order No. 43 at 
99.
---------------------------------------------------------------------------

    When an initial proposed MCS was complete, the Commission initiated 
Docket No. RM2011-8 to incorporate it into the CFR.\3\ The proposed MCS 
was to replace the existing outline of the MCS. The Commission 
solicited and received comments on both the proposed MCS and the 
corresponding rules. The suggestions provided in the comments were 
extremely helpful in further developing the MCS and have been 
incorporated into the rule proposals appearing in the instant 
rulemaking.
---------------------------------------------------------------------------

    \3\ Docket No. RM2011-8, Order No. 666, Notice of Proposed 
Rulemaking Concerning Mail Classification Schedule, February 7, 
2011; Docket No. RM2011-8, Order No. 758, Notice of Proposed 
Rulemaking Concerning Mail Classification Schedule (Revising Order 
No. 666), July 12, 2011; 76 FR 51311 (Aug. 18, 2011) (to be codified 
at 39 CFR part 3020, subpart A).
---------------------------------------------------------------------------

    From an administrative perspective, the rulemaking also required 
the Commission to develop internal procedures for implementing the 
proposed rules. This included procedures for publishing timely updates 
to the MCS and the associated product lists appearing in the CFR. 
Because of the continuous flow of Postal Service proposals to add or 
modify products, the Commission recognized that keeping the CFR-
published MCS and the associated product lists current would require 
updates on a weekly, if not daily, basis. With the procedures 
envisioned and the anticipated frequency of updates, the Commission 
concluded that it would incur prohibitive publication costs and 
challenging resource burdens.\4\
---------------------------------------------------------------------------

    \4\ The Commission also explored a ``publication by reference'' 
approach with the Federal Register. This approach presented an equal 
number of challenges to the Commission and was dropped from 
consideration.
---------------------------------------------------------------------------

    In the interim, the Postal Service and the Commission each 
maintained versions of the MCS. The Postal Service used its version 
when presenting price and classification proposals to the Commission 
for evaluation. This required the Commission to first resolve any 
differences between the Commission's version of the MCS and the Postal 
Service's version of the MCS before considering the Postal Service's 
proposals.
    On April 1, 2013, the Commission published its version of the MCS 
to the Commission's Web site.\5\ This provided visibility to all 
interested persons participating in Commission proceedings as to 
current prices and classifications. From this point forward, the Postal 
Service submitted its proposed price and classification changes based 
on this version of the MCS.
---------------------------------------------------------------------------

    \5\ Notice of Posting Draft Mail Classification Schedule to the 
Commission's Web site, April 1, 2013. At this stage in the 
development of the MCS, the Commission's version and the Postal 
Service's version were nearly identical.
---------------------------------------------------------------------------

    The Commission developed internal procedures for updating the draft 
MCS appearing on its Web site on approximately a monthly basis. The 
Commission displays all changes in redline, as had been requested by 
the Postal Service. The redline changes are incorporated, and a new 
baseline MCS created, at the conclusion of major price or 
classification proceedings. All prior versions of the MCS are archived 
and available on the Web site for reference.

[[Page 21507]]

    The Commission also developed internal procedures for publishing 
product list changes in the Federal Register and for updating the 
outline MCS appearing in the CFR. The Commission, at that time, removed 
the table of contents from the outline MCS and simply provided current 
market dominant and competitive product lists.\6\ The Commission also 
elected to notice product list changes in the Federal Register and 
update the product lists in the CFR on approximately a quarterly basis. 
Internal Commission procedures were implemented to compile product list 
changes directed by Commission orders by calendar quarter. The compiled 
list of changes are noticed in the Federal Register and are used to 
update the outline MCS appearing in the CFR shortly after the close of 
each calendar quarter.
---------------------------------------------------------------------------

    \6\ The table of contents was hopelessly outdated and 
contradicted the table of contents appearing in the MCS appearing on 
the Commission's Web site.
---------------------------------------------------------------------------

    The instant rulemaking proposes to codify the current practice, as 
described in the above procedures. The MCS appearing on the Web site 
has proven effective in documenting current prices and classifications 
and in facilitating communications of the Postal Service's proposed 
price and classification changes to the Commission. The procedures for 
noticing product list changes in the Federal Register and updating 
product lists in the CFR fulfill the statutory requirements for 
publishing revised product lists.
    The effect of the rulemaking is to make the version of the MCS 
appearing on the Commission's Web site the authoritative and most up to 
date comprehensive source for price and classification information for 
Postal Service products.\7\ In keeping with current practice, the 
proposed rules codify that product lists will continue to be published 
in the CFR, with notice of changes published in the Federal Register. 
The proposed rules no longer indicate that the MCS will be published in 
the CFR.
---------------------------------------------------------------------------

    \7\ The proposed rules recognize the immediate binding effect of 
the Commission's final orders on the Postal Service, subject to 
statutory challenge, and the inherent time lag in updating product 
lists and the MCS.
---------------------------------------------------------------------------

III. Rule Modifications

    The Commission's existing rules concerning the MCS, which include 
the associated market dominant and the competitive product lists, are 
codified at 39 CFR part 3020, subpart A--Mail Classification Schedule. 
An abridged version of the MCS (which only includes the market dominant 
and competitive product lists) is codified at 39 CFR part 3020, 
Appendix A to subpart A--Mail Classification Schedule.
    This rulemaking codifies current practice. The product lists and 
the MCS will be treated as separate items. Only the product lists are 
noticed in the Federal Register and published in the CFR. The MCS will 
be available on the Commission's Web site.\8\ Conforming changes are 
also required in 39 CFR part 3020, subparts B, C, and D.
---------------------------------------------------------------------------

    \8\ For the convenience of the reader, the MCS will include 
copies of the market dominant and competitive product lists.
---------------------------------------------------------------------------

    The title of subpart A is changed from ``Mail Classification 
Schedule'' to ``Product Lists and Mail Classification Schedule.'' The 
addition of ``Product Lists'' to the title more accurately describes 
the content of subpart A.
    The existing Sec.  3020.1, ``Applicability,'' specifies that the 
market dominant and competitive product lists are to be included as 
part of the MCS. The proposed Sec.  3020.1 describes the product lists 
and the MCS as separate items.
    Proposed Sec.  3020.1(a) clarifies that it is the Commission's 
responsibility to establish and maintain lists of Postal Service 
products and a MCS.
    Proposed Sec.  3020.1(b) replaces existing Sec.  3020.1(a). Both 
specify that the starting point for the product lists are the market 
dominant products identified in 39 U.S.C. 3621(a) and the competitive 
products identified in 39 U.S.C. 3631(a). Proposed Sec.  3020.1(b) 
expands upon this requirement by including products within the product 
lists identified as market tests pursuant to 39 U.S.C. 3641 and 
nonpostal pursuant to 39 U.S.C. 404(e). This flows from the requirement 
for the Postal Service to properly categorize market tests as either 
market dominant or competitive (39 U.S.C. 3641(b)(2)) and the 
Commission to properly categorize nonpostal services as either market 
dominant or competitive (39 U.S.C. 404(e)(5)).\9\
---------------------------------------------------------------------------

    \9\ This change was adopted at the suggestion of the Docket No. 
RM2011-8 Public Representative. Docket No. RM2011-8, Public 
Representative Comments on Notice of Proposed Rulemaking Concerning 
Mail Classification Schedule, March 24, 2011, at 5.
---------------------------------------------------------------------------

    Proposed Sec.  3020.1(c) states the purpose of the MCS as providing 
current price and classification information applicable to the products 
appearing on the market dominant and competitive product lists.
    Proposed Sec.  3020.1(d) modifies the material previously included 
in existing Sec.  3020.1(b) by addressing the product lists and the MCS 
as two separate items. The proposed section provides that either item 
may be modified subject to the procedures in 39 CFR part 3020.
    Proposed Sec.  3020.2 directs that the market dominant and 
competitive product lists shall be published in the Federal Register as 
appendix A to subpart A of part 3020 and appendix B to subpart A of 
part 3020, respectively. Currently, an abridged version of the MCS, 
which includes only the market dominant and competitive product lists, 
is published in the Federal Register as appendix A to subpart A of part 
3020. The intent of the existing rule was to eventually publish the 
entire MCS in the Federal Register. The intent of the proposed rule is 
to implement current practice and only publish the market dominant and 
competitive product lists in the Federal Register. Providing a separate 
appendix for each product list is intended to potentially reduce 
Federal Register publication costs when modifications are required of 
one product list but not the other.
    Proposed Sec.  3020.3 explains how product lists are modified and 
how the public is notified of such changes. This section replaces and 
expands upon the material previously appearing in existing Sec.  
3020.14. Generally, Sec.  3020.3 implements the publication requirement 
appearing in 39 U.S.C. 3642(d)(2), which requires Federal Register 
notice of product list changes.
    Proposed Sec.  3020.3(a) explains that the requirement to publish 
notice of a product list change is triggered by a Commission final 
order that directs such changes.
    The current practice of the Commission is to accumulate all final 
orders involving changes to product lists and to file a product list 
update with the Federal Register on a quarterly basis. Proposed Sec.  
3020.3(b) sets a maximum 6-month deadline for filing the quarterly 
update. This essentially provides a maximum of 3 months from the 
quarterly accumulation cutoff date to process and submit the changes to 
the Federal Register.
    The Commission's position is that Commission orders issued within 
its jurisdiction are binding upon the Postal Service when issued, 
unless challenged pursuant to 39 U.S.C. 3663. Accordingly, Sec.  
3020.3(c) specifies that changes to product lists are effective upon 
issuance of the final order, and not upon publication in the Federal 
Register, which generally occurs at a later date.
    Proposed Sec.  3020.3(d) specifies the content of the Federal 
Register notice consistent with the requirements of 39 U.S.C. 
3642(d)(2). This material previously appeared in existing Sec.  
3020.14.

[[Page 21508]]

    Since April 1, 2013, the MCS has been available on the Commission's 
Web site at www.prc.gov. Proposed Sec.  3020.4(a) directs the 
Commission to publish the authoritative version of the MCS on its Web 
site. Proposed Sec.  3020.4(b) describes the minimum required content 
of the MCS. This material previously appeared in existing Sec.  
3020.13.
    Proposed Sec.  3020.5 explains that modifications to the MCS are 
triggered by Commission final orders directing such changes.
    The current practice of the Commission is to accumulate all final 
orders involving changes to the MCS and to update it on a monthly 
basis. Proposed Sec.  3020.5(b) sets a maximum 3-month deadline for 
filing the quarterly update. This essentially provides a maximum of 2 
months from the quarterly accumulation cutoff date to process and post 
a revised MCS to the Web site.
    The Commission's position is that its orders are binding upon the 
Postal Service when issued, unless challenged pursuant to 39 U.S.C. 
3663. Accordingly, Sec.  3020.3(c) specifies that changes to the MCS 
are effective upon issuance of the final order, and not once the MCS is 
actually modified, which generally occurs at a later date.
    The titles to 39 CFR part 3020, subparts B, C, and D and Sec. Sec.  
3020.30, 3020.50, and 3020.70 refer to the product lists as being 
within the MCS. Conforming changes are proposed to remove this 
reference.

IV. Public Representative

    Pursuant to 39 U.S.C. 505, Kenneth E. Richardson is appointed to 
serve as an officer of the Commission (Public Representative) to 
represent the interests of the general public in this docket.

V. Invitation of Comments

    The Commission invites public comment on the proposed rules. 
Comments by interested persons are due 30 days after publication in the 
Federal Register.

VI. Ordering Paragraphs

    It is ordered:
    1. Docket No. RM2016-8 is established for the purpose of receiving 
comments on the Commission's proposed rules.
    2. The Commission proposes to amend its rules as described below. 
The proposed amendments involve amending 39 CFR part 3020, subpart A--
Mail Classification Schedule, and conforming amendments to subparts B, 
C, and D.
    3. Pursuant to 39 U.S.C. 505, the Commission appoints Kenneth E. 
Richardson to serve as an officer of the Commission (Public 
Representative) to represent the interests of the general public in 
this proceeding.
    4. Interested persons may submit comments no later than 30 days 
after the date of publication of this Order in the Federal Register.
    5. The Secretary shall arrange for publication of this Order in the 
Federal Register.

    By the Commission.
Stacy L. Ruble,
Secretary.

List of Subjects in 39 CFR Part 3017

    Administrative practice and procedure.

    For the reasons discussed in the preamble, the Commission proposes 
to amend chapter III of title 39 of the Code of Federal Regulations as 
follows:

PART 3020--PRODUCT LISTS

0
1. The authority citation for part 3020 continues to read as follows:

    Authority:  39 U.S.C. 503; 3622; 3631; 3642; 3682.

0
2. Revise subpart A of part 3020 to read as follows:

Subpart A--Product Lists and the Mail Classification Schedule

Sec.
3020.1 Applicability.
3020.2 Product lists.
3020.3 Notice of product list change.
3020.4 Mail Classification Schedule.
3020.5 Modifications to the Mail Classification Schedule.
Appendix A to Subpart A of Part 3020--Market Dominant Product List
Appendix B to Subpart A of Part 3020--Competitive Product List


Sec.  3020.1  Applicability.

    (a) The rules in this part require the Postal Regulatory Commission 
to establish and maintain lists of Postal Service products and a Mail 
Classification Schedule.
    (b) The product lists shall categorize postal products as either 
market dominant or competitive. As established, the market dominant and 
competitive product lists--shall be consistent with the market dominant 
products identified in 39 U.S.C. 3621(a) and the competitive products 
identified in 39 U.S.C. 3631(a). The market dominant and competitive 
product lists shall also include products identified as market tests 
pursuant to 39 U.S.C. 3641 and nonpostal pursuant to 39 U.S.C. 404(e).
    (c) The Mail Classification Schedule shall provide current price 
and classification information applicable to the products appearing on 
the market dominant and competitive product lists.
    (d) Once established, the product lists and the Mail Classification 
Schedule may be modified subject to the procedures specified in this 
part.


Sec.  3020.2  Product lists.

    (a) Market dominant product list. The market dominant product list 
shall be published in the Federal Register at Appendix A to subpart A 
of part 3020--Market Dominant Product List.
    (b) Competitive product list. The competitive product list shall be 
published in the Federal Register at Appendix B to subpart A of part 
3020--Competitive Product List.


Sec.  3020.3  Notice of product list change.

    (a) Whenever the Postal Regulatory Commission issues a final order 
that modifies the list of products in the market dominant category or 
the competitive category, it shall cause notice of such change to be 
published in the Federal Register.
    (b) Notice shall be submitted to the Federal Register for 
publication within 6 months of the issue date of the applicable final 
order that affects the change.
    (c) Modifications pending publication in the Federal Register are 
effective immediately upon written direction from the Postal Regulatory 
Commission.
    (d) The Federal Register notice shall:
    (i) Identify modifications to the current list of market dominant 
products and the current list of competitive products; and
    (ii) Indicate how and when the previous product lists have been 
modified.


Sec.  3020.4  Mail Classification Schedule.

    (a) The Postal Regulatory Commission shall publish a Mail 
Classification Schedule (including both current and previous versions) 
on its Web site at http://www.prc.gov. Copies of the Mail 
Classification Schedule also shall be available during regular business 
hours for reference and public inspection at the Postal Regulatory 
Commission located at 901 New York Avenue NW., Suite 200, Washington, 
DC 20268-0001.
    (b) The Mail Classification Schedule shall include, but shall not 
be limited to: (1) Front matter, including:
    (i) A cover page identifying the title of the document as the Mail 
Classification Schedule, the source of the document as the Postal 
Regulatory Commission (including Commission seal), and the publication 
date;

[[Page 21509]]

    (ii) A table of contents;
    (iii) A table specifying the revision history of the Mail 
Classification Schedule; and
    (iv) A table identifying Postal Service trademarks; and
    (2) Information concerning market dominant products, including:
    (i) A copy of the Market Dominant Product List;
    (ii) Descriptions of each market dominant product organized by the 
class of product, including:
    (A) Where applicable, the general characteristics, size and weight 
limitations, minimum volume requirements, price categories, and 
available optional features of each market dominant product;
    (B) A schedule listing the rates and fees for each market dominant 
product;
    (C) Where applicable, the identification of a product as a special 
classification within the meaning of 39 U.S.C. 3622(c)(10) for market 
dominant products;
    (D) Where applicable, the identification of a product as an 
experimental product undergoing a market test; and
    (E) Where applicable, the identification of a product as a 
nonpostal product; and
    (3) Information concerning competitive products, including:
    (i) A copy of the competitive product list; and
    (ii) Descriptions of each competitive product, including:
    (A) Where applicable, the general characteristics, size and weight 
limitations, minimum volume requirements, price categories, and 
available optional features of each competitive product;
    (B) A schedule listing the current rates and fees for each 
competitive product of general applicability;
    (C) The identification of each product not of general applicability 
within the meaning of 39 U.S.C. 3632(b)(3) for competitive products;
    (D) Where applicable, the identification of a product as an 
experimental product undergoing a market test; and
    (E) Where applicable, the identification of a product as a 
nonpostal product; and
    (4) A glossary of terms and conditions; and
    (5) A list of country codes for international mail prices.


Sec.  3020.5  Modifications to the Mail Classification Schedule.

    (a) Whenever the Postal Regulatory Commission issues a final order 
that modifies the Mail Classification Schedule, it shall update the 
Mail Classification Schedule appearing on its Web site at http://www.prc.gov.
    (b) Modification to the Mail Classification Schedule shall be 
incorporated within 3 months of the issue date of the final order.
    (c) Modifications pending incorporation into the Mail 
Classification Schedule are effective immediately upon written 
direction from the Postal Regulatory Commission.

Appendix A to Subpart A of Part 3020--Market Dominant Product List

(An asterisk (*) indicates an organizational group, not a Postal 
Service product.)
First-Class Mail *
    Single-Piece Letters/Postcards
    Presorted Letters/Postcards
    Flats
    Parcels
    Outbound Single-Piece First-Class Mail International
    Inbound Letter Post
Standard Mail (Commercial and Nonprofit) *
    High Density and Saturation Letters
    High Density and Saturation Flats/Parcels
    Carrier Route
    Letters
    Flats
    Parcels
    Every Door Direct Mail--Retail
Periodicals *
    In-County Periodicals
    Outside County Periodicals
Package Services *
    Alaska Bypass Service
    Bound Printed Matter Flats
    Bound Printed Matter Parcels
    Media Mail/Library Mail
Special Services *
    Ancillary Services
    International Ancillary Services
    Address Management Services
    Caller Service
    Credit Card Authentication
    International Reply Coupon Service
    International Business Reply Mail Service
    Money Orders
    Post Office Box Service
    Customized Postage
    Stamp Fulfillment Services
Negotiated Service Agreements *
Domestic *
    PHI Acquisitions, Inc. Negotiated Service Agreement
International *
    Inbound Market Dominant Multi-Service Agreements with Foreign 
Postal Operators 1
    Inbound Market Dominant Expr[eacute]s Service Agreement 1
Nonpostal Services *
    Alliances with the Private Sector to Defray Cost of Key Postal 
Functions Philatelic Sales
Market Tests *

Appendix B to Subpart A of Part 3020--Competitive Product List

(An asterisk (*) indicates an organizational class or group, not a 
Postal Service product.)
Domestic Products *
    Priority Mail Express
    Priority Mail
    Parcel Select
    Parcel Return Service
    First-Class Package Service
    Retail Ground
International Products *
    Outbound International Expedited Services
    Inbound Parcel Post (at UPU rates)
    Outbound Priority Mail International
    International Priority Airmail (IPA)
    International Surface Air List (ISAL)
    International Direct Sacks--M-Bags
    Outbound Single-Piece First-Class Package International Service
Negotiated Service Agreements *
Domestic *
    Priority Mail Express Contract 8
    Priority Mail Express Contract 15
    Priority Mail Express Contract 16
    Priority Mail Express Contract 17
    Priority Mail Express Contract 18
    Priority Mail Express Contract 19
    Priority Mail Express Contract 20
    Priority Mail Express Contract 21
    Priority Mail Express Contract 22
    Priority Mail Express Contract 23
    Priority Mail Express Contract 24
    Priority Mail Express Contract 25
    Priority Mail Express Contract 26
    Priority Mail Express Contract 27
    Priority Mail Express Contract 28
    Priority Mail Express Contract 29
    Priority Mail Express Contract 30
    Priority Mail Express Contract 31
    Priority Mail Express Contract 32
    Priority Mail Express Contract 33
    Priority Mail Express Contract 34
    Priority Mail Express Contract 35
    Parcel Return Service Contract 5
    Parcel Return Service Contract 6
    Parcel Return Service Contract 7
    Parcel Return Service Contract 8
    Parcel Return Service Contract 9
    Parcel Return Service Contract 10
    Priority Mail Contract 24
    Priority Mail Contract 29
    Priority Mail Contract 33
    Priority Mail Contract 56
    Priority Mail Contract 57
    Priority Mail Contract 58
    Priority Mail Contract 59
    Priority Mail Contract 60
    Priority Mail Contract 61
    Priority Mail Contract 62
    Priority Mail Contract 63
    Priority Mail Contract 64
    Priority Mail Contract 65
    Priority Mail Contract 66
    Priority Mail Contract 67
    Priority Mail Contract 70
    Priority Mail Contract 71
    Priority Mail Contract 72
    Priority Mail Contract 73
    Priority Mail Contract 74
    Priority Mail Contract 75
    Priority Mail Contract 76
    Priority Mail Contract 77
    Priority Mail Contract 78
    Priority Mail Contract 79
    Priority Mail Contract 80
    Priority Mail Contract 81
    Priority Mail Contract 82
    Priority Mail Contract 83
    Priority Mail Contract 84

[[Page 21510]]

    Priority Mail Contract 85
    Priority Mail Contract 86
    Priority Mail Contract 87
    Priority Mail Contract 88
    Priority Mail Contract 89
    Priority Mail Contract 90
    Priority Mail Contract 91
    Priority Mail Contract 92
    Priority Mail Contract 93
    Priority Mail Contract 94
    Priority Mail Contract 95
    Priority Mail Contract 96
    Priority Mail Contract 97
    Priority Mail Contract 98
    Priority Mail Contract 99
    Priority Mail Contract 100
    Priority Mail Contract 101
    Priority Mail Contract 102
    Priority Mail Contract 103
    Priority Mail Contract 104
    Priority Mail Contract 105
    Priority Mail Contract 106
    Priority Mail Contract 107
    Priority Mail Contract 108
    Priority Mail Contract 109
    Priority Mail Contract 110
    Priority Mail Contract 111
    Priority Mail Contract 112
    Priority Mail Contract 113
    Priority Mail Contract 114
    Priority Mail Contract 115
    Priority Mail Contract 116
    Priority Mail Contract 117
    Priority Mail Contract 118
    Priority Mail Contract 119
    Priority Mail Contract 120
    Priority Mail Contract 121
    Priority Mail Contract 122
    Priority Mail Contract 123
    Priority Mail Contract 124
    Priority Mail Contract 125
    Priority Mail Contract 126
    Priority Mail Contract 127
    Priority Mail Contract 128
    Priority Mail Contract 129
    Priority Mail Contract 130
    Priority Mail Contract 131
    Priority Mail Contract 132
    Priority Mail Contract 133
    Priority Mail Contract 134
    Priority Mail Contract 135
    Priority Mail Contract 136
    Priority Mail Contract 137
    Priority Mail Contract 138
    Priority Mail Contract 139
    Priority Mail Contract 140
    Priority Mail Contract 141
    Priority Mail Contract 142
    Priority Mail Contract 143
    Priority Mail Contract 144
    Priority Mail Contract 145
    Priority Mail Contract 146
    Priority Mail Contract 147
    Priority Mail Contract 148
    Priority Mail Contract 149
    Priority Mail Contract 150
    Priority Mail Contract 151
    Priority Mail Contract 152
    Priority Mail Contract 153
    Priority Mail Contract 154
    Priority Mail Contract 155
    Priority Mail Contract 156
    Priority Mail Contract 157
    Priority Mail Contract 158
    Priority Mail Contract 159
    Priority Mail Contract 160
    Priority Mail Contract 161
    Priority Mail Contract 162
    Priority Mail Contract 163
    Priority Mail Contract 164
    Priority Mail Contract 165
    Priority Mail Contract 166
    Priority Mail Contract 167
    Priority Mail Contract 168
    Priority Mail Contract 169
    Priority Mail Contract 170
    Priority Mail Contract 171
    Priority Mail Contract 172
    Priority Mail Contract 173
    Priority Mail Contract 174
    Priority Mail Contract 175
    Priority Mail Contract 176
    Priority Mail Contract 177
    Priority Mail Contract 178
    Priority Mail Contract 179
    Priority Mail Contract 180
    Priority Mail Contract 181
    Priority Mail Contract 182
    Priority Mail Contract 183
    Priority Mail Contract 184
    Priority Mail Contract 185
    Priority Mail Contract 186
    Priority Mail Contract 187
    Priority Mail Contract 188
    Priority Mail Contract 189
    Priority Mail Contract 190
    Priority Mail Contract 191
    Priority Mail Contract 192
    Priority Mail Contract 193
    Priority Mail Contract 194
    Priority Mail Contract 195
    Priority Mail Contract 196
    Priority Mail Contract 197
    Priority Mail Contract 198
    Priority Mail Contract 199
    Priority Mail Contract 200
    Priority Mail Express & Priority Mail Contract 10
    Priority Mail Express & Priority Mail Contract 12
    Priority Mail Express & Priority Mail Contract 13
    Priority Mail Express & Priority Mail Contract 14
    Priority Mail Express & Priority Mail Contract 16
    Priority Mail Express & Priority Mail Contract 17
    Priority Mail Express & Priority Mail Contract 18
    Priority Mail Express & Priority Mail Contract 19
    Priority Mail Express & Priority Mail Contract 20
    Priority Mail Express & Priority Mail Contract 21
    Priority Mail Express & Priority Mail Contract 22
    Priority Mail Express & Priority Mail Contract 23
    Priority Mail Express & Priority Mail Contract 24
    Priority Mail Express & Priority Mail Contract 25
    Priority Mail Express & Priority Mail Contract 26
    Priority Mail Express & Priority Mail Contract 27
    Priority Mail Express & Priority Mail Contract 28
    Parcel Select & Parcel Return Service Contract 3
    Parcel Select & Parcel Return Service Contract 5
    Parcel Select Contract 2
    Parcel Select Contract 5
    Parcel Select Contract 7
    Parcel Select Contract 8
    Parcel Select Contract 9
    Parcel Select Contract 10
    Parcel Select Contract 11
    Parcel Select Contract 12
    Parcel Select Contract 13
    Parcel Select Contract 14
    Priority Mail--Non-Published Rates
    Priority Mail--Non-Published Rates 1
    First-Class Package Service Contract 35
    First-Class Package Service Contract 36
    First-Class Package Service Contract 37
    First-Class Package Service Contract 38
    First-Class Package Service Contract 39
    First-Class Package Service Contract 40
    First-Class Package Service Contract 41
    First-Class Package Service Contract 42
    First-Class Package Service Contract 43
    First-Class Package Service Contract 44
    First-Class Package Service Contract 45
    First-Class Package Service Contract 46
    First-Class Package Service Contract 47
    Priority Mail Express, Priority Mail & First-Class Package 
Service Contract 2
    Priority Mail Express, Priority Mail & First-Class Package 
Service Contract 3
    Priority Mail Express, Priority Mail & First-Class Package 
Service Contract 4
    Priority Mail Express, Priority Mail & First-Class Package 
Service Contract 5
    Priority Mail Express, Priority Mail & First-Class Package 
Service Contract 6
    Priority Mail Express, Priority Mail & First-Class Package 
Service Contract 7
    Priority Mail Express, Priority Mail & First-Class Package 
Service Contract 8
    Priority Mail Express, Priority Mail & First-Class Package 
Service Contract 9
    Priority Mail & First-Class Package Service Contract 2
    Priority Mail & First-Class Package Service Contract 3
    Priority Mail & First-Class Package Service Contract 4
    Priority Mail & First-Class Package Service Contract 5
    Priority Mail & First-Class Package Service Contract 6
    Priority Mail & First-Class Package Service Contract 7
    Priority Mail & First-Class Package Service Contract 8
    Priority Mail & First-Class Package Service Contract 9
    Priority Mail & First-Class Package Service Contract 10
    Priority Mail & First-Class Package Service Contract 11
    Priority Mail & First-Class Package Service Contract 12
    Priority Mail & First-Class Package Service Contract 13
    Priority Mail & First-Class Package Service Contract 14
    Priority Mail & First-Class Package Service Contract 15
    Priority Mail & First-Class Package Service Contract 16
Outbound International *
    Global Expedited Package Services (GEPS) Contracts

[[Page 21511]]

    GEPS 3
    Global Bulk Economy (GBE) Contracts
    Global Plus Contracts
    Global Plus 1C
    Global Plus 2C
    Global Reseller Expedited Package Contracts
    Global Reseller Expedited Package Services 1
    Global Reseller Expedited Package Services 2
    Global Reseller Expedited Package Services 3
    Global Reseller Expedited Package Services 4
    Global Expedited Package Services (GEPS)--Non-Published Rates
    Global Expedited Package Services (GEPS)--Non-Published Rates 2
    Global Expedited Package Services (GEPS)--Non-Published Rates 3
    Global Expedited Package Services (GEPS)--Non-Published Rates 4
    Global Expedited Package Services (GEPS)--Non-Published Rates 5
    Global Expedited Package Services (GEPS)--Non-Published Rates 6
    Global Expedited Package Services (GEPS)--Non-Published Rates 7
    Global Expedited Package Services (GEPS)--Non-Published Rates 8
    Global Expedited Package Services (GEPS)--Non-Published Rates 9
    Global Expedited Package Services (GEPS)--Non-Published Rates 10
    Priority Mail International Regional Rate Boxes--Non-Published 
Rates
    Outbound Competitive International Merchandise Return Service 
Agreement with Royal Mail Group, Ltd.
    Priority Mail International Regional Rate Boxes Contracts
    Priority Mail International Regional Rate Boxes Contracts 1
    Competitive International Merchandise Return Service Agreements 
with Foreign Postal Operators
    Competitive International Merchandise Return Service Agreements 
with Foreign Postal Operators 1
    Competitive International Merchandise Return Service Agreements 
with Foreign Postal Operators 2
Inbound International *
    International Business Reply Service (IBRS) Competitive 
Contracts
    International Business Reply Service Competitive Contract 1
    International Business Reply Service Competitive Contract 3
    Inbound Direct Entry Contracts with Customers
    Inbound Direct Entry Contracts with Foreign Postal 
Administrations
    Inbound Direct Entry Contracts with Foreign Postal 
Administrations
    Inbound Direct Entry Contracts with Foreign Postal 
Administrations 1
    Inbound EMS
    Inbound EMS 2
    Inbound Air Parcel Post (at non-UPU rates)
    Royal Mail Group Inbound Air Parcel Post Agreement
    Inbound Competitive Multi-Service Agreements with Foreign Postal 
Operators 1
Special Services *
    Address Enhancement Services
    Greeting Cards, Gift Cards, and Stationery
    International Ancillary Services
    International Money Transfer Service--Outbound
    International Money Transfer Service--Inbound
    Premium Forwarding Service
    Shipping and Mailing Supplies
    Post Office Box Service
    Competitive Ancillary Services
Nonpostal Services *
    Advertising
    Licensing of Intellectual Property other than Officially 
Licensed Retail Products (OLRP)
    Mail Service Promotion
    Officially Licensed Retail Products (OLRP)
    Passport Photo Service
    Photocopying Service
    Rental, Leasing, Licensing or other Non-Sale Disposition of 
Tangible Property
    Training Facilities and Related Services
    USPS Electronic Postmark (EPM) Program
Market Tests *
    International Merchandise Return Service (IMRS)--Non-Published 
Rates
    Customized Delivery

Subpart B--Requests Initiated by the Postal Service To Modify the 
Product Lists

0
3. Revise the heading of subpart B to read as set forth above.
0
4. Revise Sec.  3020.30 to read as follows:


Sec.  3020.30  General.

    The Postal Service, by filing a request with the Commission, may 
propose a modification to the market dominant product list or the 
competitive product list. For purposes of this part, modification shall 
be defined as adding a product to a list, removing a product from a 
list, or moving a product from one list to the other list.

Subpart C--Requests Initiated by Users of the Mail To Modify the 
Product Lists

0
5. Revise the heading of subpart C as set forth above.
0
6. Revise Sec.  3020.50 to read as follows:


Sec.  3020.50  General.

    Users of the mail, by filing a request with the Commission, may 
propose a modification to the market dominant product list or the 
competitive product list. For purposes of this part, modification shall 
be defined as adding a product to a list, removing a product from a 
list, or transferring a product from one list to the other list.

Subpart D--Proposal of the Commission To Modify the Product Lists

0
7. Revise the heading of subpart D as set forth above.

Subpart D--Proposal of the Commission To Modify the Product Lists

0
8. Revise Sec.  3020.70 to read as follows:


Sec.  3020.70  General.

    The Commission, of its own initiative, may propose a modification 
to the market dominant product list or the competitive product list. 
For purposes of this part, modification shall be defined as adding a 
product to a list, removing a product from a list, or transferring a 
product from one list to the other list.

[FR Doc. 2016-08322 Filed 4-11-16; 8:45 am]
BILLING CODE 7710-FW-P