Mail Classification Schedule, 38952-38957 [2016-14171]

Download as PDF 38952 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations The docket for this deviation, [USCG–2016–0497] is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Click on Open Docket Folder on the line associated with this deviation. ADDRESSES: If you have questions on this temporary deviation, call or email Mr. Hal R. Pitts, Bridge Administration Branch Fifth District, Coast Guard, telephone 757– 398–6222, email Hal.R.Pitts@uscg.mil. FOR FURTHER INFORMATION CONTACT: Atlantic County, NJ, that owns and operates the Green Bank Bridge (Green Bank Road/ CR563), has requested a temporary deviation from the current operating regulations to perform urgent repairs to the bridge operating machinery. The bridge is a bascule draw bridge and has a vertical clearance in the closed position of 5 feet above mean high water. The current operating schedule is set out in 33 CFR 117.731(b). Under this temporary deviation, the bridge will remain in the closed-to-navigation position from 7:30 a.m. on June 20, 2016, through 3:30 p.m. on June 23, 2016. At all other times the bridge will operate per 33 CFR 117.731(b). The Mullica River is used by a variety of vessels including small U.S. government vessels, small commercial vessels, and recreational vessels. The Coast Guard has carefully considered the nature and volume of vessel traffic on the waterway in publishing this temporary deviation. Vessels able to pass through the bridge in the closed position may do so. The bridge will not be able to open for emergencies and there is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transit to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. ehiers on DSK5VPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: Dated: June 9, 2016. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2016–14064 Filed 6–14–16; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 14:36 Jun 14, 2016 Jkt 238001 POSTAL REGULATORY COMMISSION 39 CFR Part 3020 [Docket No. RM2016–8; Order No. 3360] Mail Classification Schedule Postal Regulatory Commission. Final rule. AGENCY: ACTION: The Commission is issuing a set of final rules amending existing rules related to the Mail Classification Schedule and its associated product lists. The final rules revise some existing rules in order to better conform with current Commission practices related to the Mail Classification Schedule. Relative to the proposed rules, one change was made for clarification purposes. No other proposed rules were changed. DATES: Effective July 15, 2016. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: SUMMARY: Regulatory History 81 FR 21506, April 12, 2016 Table of Contents I. Introduction II. Comments and Discussion III. Ordering Paragraphs I. Introduction On April 6, 2016, the Postal Regulatory Commission (Commission) issued a Notice of Proposed Rulemaking Concerning Product Lists and the Mail Classification Schedule, April 6, 2016.1 The Commission proposed rules to fulfill its responsibilities under the Postal Accountability and Enhancement Act (PAEA), Public Law 109–435, 120 Stat. 3198 (2006). The rulemaking proposes to replace existing 39 CFR part 3020, subpart A in its entirety, and make conforming changes to 39 CFR part 3020, subparts B, C, and D. The rulemaking proposes to amend existing rules concerning the Mail Classification Schedule (MCS) and the associated market dominant and competitive product lists 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). 1 Notice of Proposed Rulemaking Concerning Product Lists and the Mail Classification Schedule, April 6, 2016 (Order No. 3213); see also 81 FR 21506 (April 12, 2016). PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 The Public Representative and the Postal Service filed comments in response to Order No. 3213.2 The commenters were generally supportive of the proposed rules. The commenters also included suggestions for improvements and sought minor clarification on various aspects of the proposed rules. The Commission adopts the proposed rules as final rules with one minor clarification added to proposed § 3020.5(a). II. Comments and Discussion A. Public Representative Comments The Public Representative generally supports adoption of the proposed rules and presents several suggestions for improvement. The Public Representative states it appears that the Commission’s intent is to publish updates to the product lists in the CFR on a quarterly basis. PR Comments at 2. He bases this assumption on the following: 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. Order No. 3213 at 7. Regardless, he notes that proposed § 3020.3(b) does not expressly state that updates will occur on a quarterly basis. He suggests the addition of the word ‘‘quarterly’’ to the proposed rule such that it reads: ‘‘Notice shall be submitted ‘quarterly’ to the Federal Register for publication within 6 months of the issue date of the applicable final order that affects the change.’’ PR Comments at 2. The Commission intends to publish updates to the product lists appearing in the CFR on a quarterly basis. A further goal is to publish updates within one week of the close of each fiscal quarter. However, the Commission chooses not to make quarterly publication a rigid requirement, as would be the case if the word ‘‘quarterly’’ was added to the rule. Experience has shown that the press of more important business occasionally takes precedence over producing the quarterly updates. Although the quarterly updates are an important recordkeeping function that provides visibility into current Postal Service product offerings, publication does not directly affect the substantive rights of 2 Public Representative Comments on Proposed Rulemaking Concerning Product Lists and the Mail Classification Schedule, May 12, 2016 (PR Comments); United Stated Postal Service Comments on Proposed Rules Concerning Product Lists and the Mail Classification Schedule, May 12, 2016 (Postal Service Comments). E:\FR\FM\15JNR1.SGM 15JNR1 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations any interested persons and may be delayed when necessary.3 The Public Representative states that proposed § 3020.5(a) may be interpreted to require the Commission to ‘‘immediately’’ update the MCS whenever the Commission issues a final order to update the MCS. PR Comments at 2. However, proposed § 3020.5(a) states that ‘‘Modification to the Mail Classification Schedule shall be incorporated within 3 months of the issue date of the final order.’’ The Public Representative suggests clarifying proposed § 3020.5(a) by adding the phrase ‘‘in accordance with section (b)’’ such that it reads: ‘‘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 ‘in accordance with section (b).’ ’’ Id. The Commission will modify § 3020.5(a) to read: ‘‘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 in accordance with paragraph (b) of this section.’’ The Public Representative reminds the Commission that appendices A and B, containing the market dominant and competitive product lists appearing in the proposed rules, may not be up to date as of the time the final rule is issued. He suggests that product lists, current as of the time the final order is issued in this docket, appear in the final order. Id. The Commission has established a quarterly update schedule for product lists. Administratively, it is most efficient for the Commission to adhere to that schedule.4 Thus, the product lists that appear in the final rule will be equivalent to the product lists that appear in the CFR at the time the final rule is issued. The next comprehensive update is scheduled for July of 2016. B. Postal Service Comments The Postal Service supports the Commission’s general approach of including the product lists, but not the MCS, in the CFR. Postal Service ehiers on DSK5VPTVN1PROD with RULES 3 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. Order No. 3213 at 7. The quarterly updates merely represent the effect of previously issued Commission orders. 4 A significant amount of tracking information indicating the source of product list changes appears in the quarterly update notices. Including the tracking information in this Order would be confusing and therefore not appropriate at this time. VerDate Sep<11>2014 14:36 Jun 14, 2016 Jkt 238001 Comments at 2. Additionally, the Postal Service seeks further clarification of two aspects of the proposals. The Postal Service observes that proposed § 3020.1(b) includes new references to 39 U.S.C. 404(e) (nonpostal services) and 39 U.S.C. 3641 (market tests). Postal Service Comments at 3. Furthermore, it states that the MCS currently requires identification of products that are either nonpostal services or market tests. Id. at 3–4. The Postal Service is concerned by the description appearing in Order No. 3213, in regard to these new statutory references. Specifically, it expresses concern with the use of ‘‘expands upon’’ in the description, as it could create unnecessary confusion. Id. at 4. 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)). Order No. 3213 at 5–6 [emphasis added, footnote omitted]. The Commission’s intent of including citations to the statutory authority for nonpostal services or market tests is not to expand upon or otherwise affect the substantive requirements, or the scope of Commission review, relating to these types of products. The inclusion only expands upon the description appearing in existing § 3020.1(a) of the types of products that are intended to appear on product lists and in the MCS.5 There is no change to current practice. The Postal Service contends that it is duplicative to require the inclusion of size and weight limitations in the MCS in both proposed § 3020.4(b) and in existing § 3020.110. Postal Service Comments at 4. It suggests either deleting existing § 3020.11, or crossreferencing § 3020.110 in § 3020.4(b). Id. at 4–5. Proposed § 3020.4(b)(2)(ii)(A) and § 3020.4(b)(3)(ii)(A) read: Where applicable, the general characteristics, size and weight limitations, minimum volume requirements, price categories, and available optional features of each market dominant product. 5 Existing § 3020.13 already includes nonpostal services and market tests in product lists and the MCS. PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 38953 Order No. 3213 at 12–13. Existing § 3020.110 reads: Applicable size and weight limitations for mail matter shall appear in the Mail Classification Schedule as part of the description of each product. 39 CFR 3020.110, subpart F. The Commission concurs that the requirements appear duplicative, but will not make any changes at this time. The requirements are consistent with each other. However, as explained below, the underlying source for each requirement is different. Any potential confusion should be minimal. The requirements of proposed § 3020.4(b)(2)(ii)(A) and § 3020.4(b)(3)(ii)(A) reflect useful information that historically has been included in mail classification schedules. It is appropriate to include a general synopsis of all material that will appear in the MCS in one section of the regulations. The requirements of § 3020.110 et seq. were written in direct response to the new requirements of 39 U.S.C. 3682. This statutory provision requires, among other things, the Commission to prescribe rules for Postal Service requests to establish size and weight limitations for mail matter in the market dominant category of mail. Section 3020.110 points to the source of the material (the MCS) that all of § 3020.110 et seq. addresses. Deleting § 3020.110 would potentially make the remainder of that subpart unclear.6 III. Ordering Paragraphs It is ordered: 1. Part 3020 of title 39, Code of Federal Regulations, is amended as set forth below the signature of this Order, effective 30 days after publication in the Federal Register. 2. The Secretary shall arrange for publication of this Order in the Federal Register. 3. Docket No. RM2016–8 is hereby closed. List of Subjects in 39 CFR Part 3020 Administrative practice and procedure. For the reasons discussed in the preamble, the Commission amends 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: ■ 6 While adding a cross-reference to proposed § 3020.4(b)(2)(ii)(A) and § 3020.4(b)(3)(ii)(A) may not be technically incorrect, it may diminish the distinction that the Commission is attempting to preserve, which is that 39 U.S.C. 3682 is the source for the regulations appearing in § 3020.110 et seq. E:\FR\FM\15JNR1.SGM 15JNR1 38954 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations Authority: 39 U.S.C. 503; 3622; 3631; 3642; 3682. ■ 2. Revise subpart A 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 § 3020.1 § 3020.4 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. § 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. ehiers on DSK5VPTVN1PROD with RULES § 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 VerDate Sep<11>2014 14:36 Jun 14, 2016 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 document shall: (1) Identify modifications to the current list of market dominant products and the current list of competitive products; and (2) Indicate how and when the previous product lists have been modified. Jkt 238001 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; (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 PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 (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. § 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 in accordance with paragraph (b) of this section. (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 E:\FR\FM\15JNR1.SGM 15JNR1 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations 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 * ehiers on DSK5VPTVN1PROD with RULES 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 VerDate Sep<11>2014 14:36 Jun 14, 2016 Jkt 238001 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 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 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 PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 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 E:\FR\FM\15JNR1.SGM 15JNR1 38955 ehiers on DSK5VPTVN1PROD with RULES 38956 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations 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 Contract 201 Priority Mail Contract 202 Priority Mail Contract 203 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 & FirstClass Package Service Contract 2 Priority Mail Express, Priority Mail & FirstClass Package Service Contract 3 VerDate Sep<11>2014 14:36 Jun 14, 2016 Jkt 238001 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 Priority Mail & Parcel Select Contract 1 Outbound International * Global Expedited Package Services (GEPS) Contracts 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 PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 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 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 E:\FR\FM\15JNR1.SGM 15JNR1 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations 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: ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 ■ § 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 to read 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 to read as set forth above. Subpart D—Proposal of the Commission to Modify the Product Lists 8. Revise § 3020.70 to read as follows: ehiers on DSK5VPTVN1PROD with RULES § 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. By the Commission. Stacy L. Ruble, Secretary. [FR Doc. 2016–14171 Filed 6–14–16; 8:45 am] BILLING CODE 7710–FW–P VerDate Sep<11>2014 14:36 Jun 14, 2016 Jkt 238001 Indiana; Ohio; Disapproval of Interstate Transport Requirements for the 2008 Ozone NAAQS Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is disapproving elements of State Implementation Plan (SIP) submissions from Indiana and Ohio regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2008 ozone National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state’s air quality management program is adequate to meet the state’s responsibilities under the CAA. This action pertains specifically to infrastructure requirements concerning interstate transport provisions, for which Ohio and Indiana made SIP submissions that, among other things, certified that their existing SIPs were sufficient to meet the interstate transport infrastructure SIP requirements for the 2008 ozone NAAQS. SUMMARY: This final rule is effective on July 15, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2011–0969. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or please contact the person identified in the ‘‘For Further Information Contact’’ section for additional availability information. FOR FURTHER INFORMATION CONTACT: Sarah Arra, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, DATES: ■ ■ [EPA–R05–OAR–2011–0969; FRL–9947–71– Region 5] PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 38957 Chicago, Illinois 60604, (312) 886–9401, arra.sarah@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. What is the background of these SIP submissions? II. What action did EPA propose on the SIP submissions? III. What is our response to comments received on the proposed rulemaking? IV. What action is EPA taking? V. Statutory and Executive Order Reviews. I. What is the background of these SIP submissions? This rulemaking addresses CAA section 110(a)(2)(D)(i) requirements in two infrastructure SIP submissions addressing the applicable infrastructure requirements with respect to the 2008 ozone NAAQS: A December 12, 2011, submission from the Indiana Department of Environmental Management (IDEM), clarified in a May 24, 2012, letter; and a December 27, 2012, submission from the Ohio Environmental Protection Agency (Ohio EPA). The requirement for states to make a SIP submission of this type arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions ‘‘within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),’’ and these SIP submissions are to provide for the ‘‘implementation, maintenance, and enforcement’’ of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA’s taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that ‘‘[e]ach such plan’’ submission must address. EPA commonly refers to such state plans as ‘‘infrastructure SIPs.’’ This rulemaking takes action on three CAA section 110(a)(2)(D)(i) requirements of these submissions. In particular, section 110(a)(2)(D)(i)(I) requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from contributing significantly to nonattainment of the NAAQS (‘‘prong one’’), or interfering with maintenance of the NAAQS (‘‘prong two’’), by any another state. Section 110(a)(2)(D)(i)(II) requires that infrastructure SIPs include provisions prohibiting any source or other type of emissions activity in one E:\FR\FM\15JNR1.SGM 15JNR1

Agencies

[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Rules and Regulations]
[Pages 38952-38957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14171]


=======================================================================
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POSTAL REGULATORY COMMISSION

39 CFR Part 3020

[Docket No. RM2016-8; Order No. 3360]


Mail Classification Schedule

AGENCY: Postal Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The Commission is issuing a set of final rules amending 
existing rules related to the Mail Classification Schedule and its 
associated product lists. The final rules revise some existing rules in 
order to better conform with current Commission practices related to 
the Mail Classification Schedule. Relative to the proposed rules, one 
change was made for clarification purposes. No other proposed rules 
were changed.

DATES: Effective July 15, 2016.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    81 FR 21506, April 12, 2016

Table of Contents

I. Introduction
II. Comments and Discussion
III. Ordering Paragraphs

I. Introduction

    On April 6, 2016, the Postal Regulatory Commission (Commission) 
issued a Notice of Proposed Rulemaking Concerning Product Lists and the 
Mail Classification Schedule, April 6, 2016.\1\ The Commission proposed 
rules to fulfill its responsibilities under the Postal Accountability 
and Enhancement Act (PAEA), Public Law 109-435, 120 Stat. 3198 (2006). 
The rulemaking proposes to replace existing 39 CFR part 3020, subpart A 
in its entirety, and make conforming changes to 39 CFR part 3020, 
subparts B, C, and D.
---------------------------------------------------------------------------

    \1\ Notice of Proposed Rulemaking Concerning Product Lists and 
the Mail Classification Schedule, April 6, 2016 (Order No. 3213); 
see also 81 FR 21506 (April 12, 2016).
---------------------------------------------------------------------------

    The rulemaking proposes to amend existing rules concerning the Mail 
Classification Schedule (MCS) and the associated market dominant and 
competitive product lists 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 Public Representative and the Postal Service filed comments in 
response to Order No. 3213.\2\ The commenters were generally supportive 
of the proposed rules. The commenters also included suggestions for 
improvements and sought minor clarification on various aspects of the 
proposed rules.
---------------------------------------------------------------------------

    \2\ Public Representative Comments on Proposed Rulemaking 
Concerning Product Lists and the Mail Classification Schedule, May 
12, 2016 (PR Comments); United Stated Postal Service Comments on 
Proposed Rules Concerning Product Lists and the Mail Classification 
Schedule, May 12, 2016 (Postal Service Comments).
---------------------------------------------------------------------------

    The Commission adopts the proposed rules as final rules with one 
minor clarification added to proposed Sec.  3020.5(a).

II. Comments and Discussion

A. Public Representative Comments

    The Public Representative generally supports adoption of the 
proposed rules and presents several suggestions for improvement.
    The Public Representative states it appears that the Commission's 
intent is to publish updates to the product lists in the CFR on a 
quarterly basis. PR Comments at 2. He bases this assumption on the 
following:

    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.

Order No. 3213 at 7. Regardless, he notes that proposed Sec.  3020.3(b) 
does not expressly state that updates will occur on a quarterly basis. 
He suggests the addition of the word ``quarterly'' to the proposed rule 
such that it reads: ``Notice shall be submitted `quarterly' to the 
Federal Register for publication within 6 months of the issue date of 
the applicable final order that affects the change.'' PR Comments at 2.
    The Commission intends to publish updates to the product lists 
appearing in the CFR on a quarterly basis. A further goal is to publish 
updates within one week of the close of each fiscal quarter. However, 
the Commission chooses not to make quarterly publication a rigid 
requirement, as would be the case if the word ``quarterly'' was added 
to the rule. Experience has shown that the press of more important 
business occasionally takes precedence over producing the quarterly 
updates. Although the quarterly updates are an important recordkeeping 
function that provides visibility into current Postal Service product 
offerings, publication does not directly affect the substantive rights 
of

[[Page 38953]]

any interested persons and may be delayed when necessary.\3\
---------------------------------------------------------------------------

    \3\ 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. Order No. 3213 
at 7. The quarterly updates merely represent the effect of 
previously issued Commission orders.
---------------------------------------------------------------------------

    The Public Representative states that proposed Sec.  3020.5(a) may 
be interpreted to require the Commission to ``immediately'' update the 
MCS whenever the Commission issues a final order to update the MCS. PR 
Comments at 2. However, proposed Sec.  3020.5(a) states that 
``Modification to the Mail Classification Schedule shall be 
incorporated within 3 months of the issue date of the final order.'' 
The Public Representative suggests clarifying proposed Sec.  3020.5(a) 
by adding the phrase ``in accordance with section (b)'' such that it 
reads: ``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 `in accordance with section (b).' '' Id.
    The Commission will modify Sec.  3020.5(a) to read: ``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 in accordance 
with paragraph (b) of this section.''
    The Public Representative reminds the Commission that appendices A 
and B, containing the market dominant and competitive product lists 
appearing in the proposed rules, may not be up to date as of the time 
the final rule is issued. He suggests that product lists, current as of 
the time the final order is issued in this docket, appear in the final 
order. Id.
    The Commission has established a quarterly update schedule for 
product lists. Administratively, it is most efficient for the 
Commission to adhere to that schedule.\4\ Thus, the product lists that 
appear in the final rule will be equivalent to the product lists that 
appear in the CFR at the time the final rule is issued. The next 
comprehensive update is scheduled for July of 2016.
---------------------------------------------------------------------------

    \4\ A significant amount of tracking information indicating the 
source of product list changes appears in the quarterly update 
notices. Including the tracking information in this Order would be 
confusing and therefore not appropriate at this time.
---------------------------------------------------------------------------

B. Postal Service Comments

    The Postal Service supports the Commission's general approach of 
including the product lists, but not the MCS, in the CFR. Postal 
Service Comments at 2. Additionally, the Postal Service seeks further 
clarification of two aspects of the proposals.
    The Postal Service observes that proposed Sec.  3020.1(b) includes 
new references to 39 U.S.C. 404(e) (nonpostal services) and 39 U.S.C. 
3641 (market tests). Postal Service Comments at 3. Furthermore, it 
states that the MCS currently requires identification of products that 
are either nonpostal services or market tests. Id. at 3-4. The Postal 
Service is concerned by the description appearing in Order No. 3213, in 
regard to these new statutory references. Specifically, it expresses 
concern with the use of ``expands upon'' in the description, as it 
could create unnecessary confusion. Id. at 4.

    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)).

Order No. 3213 at 5-6 [emphasis added, footnote omitted].
    The Commission's intent of including citations to the statutory 
authority for nonpostal services or market tests is not to expand upon 
or otherwise affect the substantive requirements, or the scope of 
Commission review, relating to these types of products. The inclusion 
only expands upon the description appearing in existing Sec.  3020.1(a) 
of the types of products that are intended to appear on product lists 
and in the MCS.\5\ There is no change to current practice.
---------------------------------------------------------------------------

    \5\ Existing Sec.  3020.13 already includes nonpostal services 
and market tests in product lists and the MCS.
---------------------------------------------------------------------------

    The Postal Service contends that it is duplicative to require the 
inclusion of size and weight limitations in the MCS in both proposed 
Sec.  3020.4(b) and in existing Sec.  3020.110. Postal Service Comments 
at 4. It suggests either deleting existing Sec.  3020.11, or cross-
referencing Sec.  3020.110 in Sec.  3020.4(b). Id. at 4-5.

    Proposed Sec.  3020.4(b)(2)(ii)(A) and Sec.  3020.4(b)(3)(ii)(A) 
read:
    Where applicable, the general characteristics, size and weight 
limitations, minimum volume requirements, price categories, and 
available optional features of each market dominant product.

Order No. 3213 at 12-13.

    Existing Sec.  3020.110 reads:
    Applicable size and weight limitations for mail matter shall 
appear in the Mail Classification Schedule as part of the 
description of each product.

39 CFR 3020.110, subpart F.
    The Commission concurs that the requirements appear duplicative, 
but will not make any changes at this time. The requirements are 
consistent with each other. However, as explained below, the underlying 
source for each requirement is different. Any potential confusion 
should be minimal.
    The requirements of proposed Sec.  3020.4(b)(2)(ii)(A) and Sec.  
3020.4(b)(3)(ii)(A) reflect useful information that historically has 
been included in mail classification schedules. It is appropriate to 
include a general synopsis of all material that will appear in the MCS 
in one section of the regulations.
    The requirements of Sec.  3020.110 et seq. were written in direct 
response to the new requirements of 39 U.S.C. 3682. This statutory 
provision requires, among other things, the Commission to prescribe 
rules for Postal Service requests to establish size and weight 
limitations for mail matter in the market dominant category of mail. 
Section 3020.110 points to the source of the material (the MCS) that 
all of Sec.  3020.110 et seq. addresses. Deleting Sec.  3020.110 would 
potentially make the remainder of that subpart unclear.\6\
---------------------------------------------------------------------------

    \6\ While adding a cross-reference to proposed Sec.  
3020.4(b)(2)(ii)(A) and Sec.  3020.4(b)(3)(ii)(A) may not be 
technically incorrect, it may diminish the distinction that the 
Commission is attempting to preserve, which is that 39 U.S.C. 3682 
is the source for the regulations appearing in Sec.  3020.110 et 
seq.
---------------------------------------------------------------------------

III. Ordering Paragraphs

    It is ordered:
    1. Part 3020 of title 39, Code of Federal Regulations, is amended 
as set forth below the signature of this Order, effective 30 days after 
publication in the Federal Register.
    2. The Secretary shall arrange for publication of this Order in the 
Federal Register.
    3. Docket No. RM2016-8 is hereby closed.

List of Subjects in 39 CFR Part 3020

    Administrative practice and procedure.
    For the reasons discussed in the preamble, the Commission amends 
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:


[[Page 38954]]


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


0
2. Revise subpart A 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 document shall:
    (1) Identify modifications to the current list of market dominant 
products and the current list of competitive products; and
    (2) 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;
    (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 in accordance with paragraph (b) of this section.
    (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

[[Page 38955]]

    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 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
    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

[[Page 38956]]

    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 Contract 201
    Priority Mail Contract 202
    Priority Mail Contract 203
    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
    Priority Mail & Parcel Select Contract 1
Outbound International *
    Global Expedited Package Services (GEPS) Contracts
    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

[[Page 38957]]

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 to read 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 to read 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.

    By the Commission.
Stacy L. Ruble,
Secretary.
[FR Doc. 2016-14171 Filed 6-14-16; 8:45 am]
 BILLING CODE 7710-FW-P