Mail Classification Schedule, 21506-21511 [2016-08322]
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(j) Related Information
(1) Refer to Mandatory Continuing
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for related information. This MCAI may be
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and locating Docket No. FAA–2016–5463.
(2) For service information identified in
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[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
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(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).
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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.
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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.
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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.
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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.
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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
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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.
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Applicability.
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(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
https://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;
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Schedule, it shall update the Mail
Classification Schedule appearing on its
Web site at https://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.)
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Appendix A to Subpart A of Part
3020—Market Dominant Product List
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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
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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
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Priority Mail Contract 162
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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
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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
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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
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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: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web site: https://
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 https://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 https://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