Ratemaking Procedures for Inbound Letter Post and Related Services, 60385-60386 [2018-25665]

Download as PDF Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Proposed Rules Hand delivery: Library of Congress, James Madison Memorial Building, LM– 401, 101 Independence Avenue SE, Washington, DC 20559–6000. Instructions: Unless submitting online, commenters must submit an original, two paper copies, and an electronic version on a CD. All submissions must include a reference to the CRB and this docket number. All submissions will be posted without change to eCRB at https://app.crb.gov/ including any personal information provided. Docket: For access to the docket to read submitted background documents or comments, go to eCRB, the Copyright Royalty Board’s electronic filing and case management system, at https:// app.crb.gov/ and search for docket number 18–CRB–0012–RM. FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, by telephone at (202) 707–7658 or email at crb@loc.gov. SUPPLEMENTARY INFORMATION: On November, 14, 2018, The Copyright Royalty Judges (Judges) received a request asking that the comment period for the notification of inquiry (NOI) be extended to December 17, 2018, to ‘‘provide the most meaningful and useful comments and proposals.’’ Joint Motion for Extension of Time, Docket No. 18–CRB–0012–RM. The Judges balanced that concern against the time limits established by the Music Modernization Act and granted the request in part by extending the deadline for submission of comments and proposals in response to the NOI (83 FR 55334) to December 10, 2018. Dated: November 15, 2018. David R. Strickler, Copyright Royalty Judge. [FR Doc. 2018–25579 Filed 11–23–18; 8:45 am] BILLING CODE 1410–72–P POSTAL REGULATORY COMMISSION 39 CFR Part 3010 [Docket No. RM2019–2; Order No. 4882] Ratemaking Procedures for Inbound Letter Post and Related Services Postal Regulatory Commission. Advance notice of proposed rulemaking. AGENCY: ACTION: The Commission is acknowledging a recent filing requesting the Commission to consider the application of the market dominant price cap to rates for Inbound Letter Post and certain other inbound international market dominant SUMMARY: VerDate Sep<11>2014 16:28 Nov 23, 2018 Jkt 247001 products. This document informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: December 10, 2018. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Background III. Petition IV. Invitation to Comment V. Ordering Paragraphs I. Introduction On November 16, 2018, the Postal Service filed a request for the Commission to consider the application of the market dominant price cap to rates for Inbound Letter Post and certain other inbound international market dominant products.1 The Postal Service requests that the Commission replace the price cap treatment with an ‘‘evaluation of whether price changes for these services promote the objectives in [39 U.S.C.] [s]ection 3622(b), taking into account the factors in [s]ection 3622(c).’’ Petition at 2. The Commission initiates this rulemaking to seek comments and facilitate the Commission’s examination into ratemaking procedures for Inbound Letter Post and related international services. 60385 remaining on the market dominant product list upon resolution of the Transfer Request. Petition at 2, n.4. The Postal Service states that the recommendation to adopt self-declared rates for terminal dues,3 made by the Department of State and endorsed by the President, creates uncertainty regarding the rates going forward. See Petition at 1, nn.1, 2; 2–3. The Postal Service further notes that the Department of State’s negotiations could result in a decision to rescind withdrawal from the Universal Postal Union (UPU), but it is impossible to predict to what extent terminal dues would be self-declared or set by the UPU. Petition at 2–3. The Postal Service suggests that although the Commission’s review of the market dominant ratemaking system is pending, to the extent that a market dominant price cap currently applies or is maintained in some form, there should be an exception for generally applicable rates set by the Postal Service that are paid by foreign postal operators. Id. at 4. The Postal Service states that its requested treatment of Inbound Letter Post rates should apply whether the rates are selfdeclared or not. Id. at 5. III. Petition II. Background At the same time it filed the instant Petition, the Postal Service filed a concurrent request seeking to transfer a portion of Inbound Letter Post (and inbound registered services associated with those items) to the competitive product list.2 The Postal Service states that it intends for the instant Petition to cover only the related products The Postal Service requests that the Commission reconsider its decision in Order No. 43, in which it held that Inbound Letter Post must be classified as a market dominant product.4 The Postal Service states that changes in circumstances, including ‘‘a significant shift in U.S. Government policy toward Inbound Letter Post,’’ warrant a reconsideration of the decision to apply the market dominant price cap to inbound international products. See Petition at 5–9. The Postal Service states that the Postal Accountability and Enhancement Act’s intent was to protect individual domestic customers, rather than foreign postal operators.5 The Postal Service proposes a regulatory system for Inbound Letter Post wherein the Commission would apply the objectives and factors listed in 39 U.S.C. 3622(b) and 3622(c) as standards for review of inbound international rate adjustments. Petition at 2, 9. The Postal Service suggests that this review can occur after-the-fact, 1 Petition of the United States Postal Service to Initiate a Rulemaking Concerning Ratemaking Procedures for Inbound Letter Post and Related Services, November 16, 2018 (Petition). 2 Docket No. MC2019–17, United States Postal Service Request to Transfer Inbound Letter Post Small Packets and Bulky Letters, and Inbound Registered Service Associated with Such Items, to the Competitive Product List, November 16, 2018 (Transfer Request). 3 Terminal dues refer to payments by foreign postal operators to the Postal Service for delivery of Inbound Letter Post in the United States. 4 Docket No. RM2007–1, Order Establishing Ratemaking Regulations for Market Dominant and Competitive Products, October 29, 2007 (Order No. 43). 5 Id. at 7, 8–9. Postal Accountability and Enhancement Act (PAEA), Public Law 109–435, 120 Stat. 3198 (2006). PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\26NOP1.SGM 26NOP1 60386 Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Proposed Rules through the annual compliance review proceedings, but also proposes an alternative before-the-fact review of rate adjustments. Id. at 10. The Postal Service submits these proposed rules and alternative proposed rules in Appendix I of the Petition. IV. Invitation to Comment The Commission establishes Docket No. RM2019–2 for consideration of matters raised in the Petition. More information on the Petition may be accessed via the Commission’s website at https://www.prc.gov. Interested persons may submit comments on the Petition no later than December 10, 2018. 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 the above-captioned docket. V. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. RM2019–2 for consideration of the matters raised by the Petition of the United States Postal Service to Initiate a Rulemaking Concerning Ratemaking Procedures for Inbound Letter Post and Related Services, filed November 16, 2018. 2. Comments are due no later than December 10, 2018. 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 docket. 4. The Secretary shall arrange for publication of this Notice in the Federal Register. By the Commission. Stacy L. Ruble, Secretary. [FR Doc. 2018–25665 Filed 11–23–18; 8:45 am] BILLING CODE 7710–FW–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2018–0596; FRL–9986–94– Region 10] Air Plan Approval; OR: Lane County Outdoor Burning and Enforcement Procedure Rules Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: VerDate Sep<11>2014 16:28 Nov 23, 2018 Jkt 247001 The Environmental Protection Agency (EPA) proposes to approve and incorporate by reference (IBR) into the Oregon State Implementation Plan (SIP) the Lane Regional Air Protection Agency’s (LRAPA) revised outdoor burning rule submitted by the Oregon Department of Environmental Quality (ODEQ) on July 19, 2018. The revised rule, as it applies in Lane County, Oregon, clarifies terminology and provides additional controls of outdoor burning activities, reducing particulate emissions and strengthening the Oregon SIP. In addition, the EPA proposes to approve but not IBR the enforcement procedures and civil penalties rule for LRAPA submitted by the ODEQ on September 25, 2018. The revised rule contains revisions that bring enforcement procedures and civil penalties rule into alignment with recent changes in Oregon State regulations. DATES: Comments must be received on or before December 26, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R10– OAR–2018–0596, at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Christi Duboiski at (360) 753–9081, or duboiski.christi@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is intended to refer to the EPA. SUMMARY: Table of Contents I. Background II. Evaluation of Revisions PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 A. Title 47: Outdoor Burning B. Title 15: Enforcement Procedures and Civil Penalties III. Proposed Action IV. Incorporation by Reference V. Oregon Notice Provision VI. Statutory and Executive Order Reviews I. Background Each State has a Clean Air Act (CAA) State Implementation Plan (SIP), containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS) established for the criteria pollutants (carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, sulfur dioxide). The SIP contains such elements as air pollution control regulations, emission inventories, attainment demonstrations, and enforcement mechanisms. The SIP is a compilation of these elements and is revised and updated by a State over time—to keep pace with Federal requirements and to address changing air quality issues in that State. The Oregon Department of Environmental Quality (ODEQ) implements and enforces the Oregon SIP through rules set out in Chapter 340 of the Oregon Administrative Rules (OAR), Divisions 200 to 268, apply in all areas of the State, except where the Oregon Environmental Quality Commission (EQC) has designated Lane Regional Air Protection Agency (LRAPA) to administer rules within its area of jurisdiction. LRAPA has been designated by the EQC to implement and enforce State rules in Lane County, and to adopt local rules that apply within Lane County. LRAPA may promulgate a local rule in lieu of a State rule provided: (1) it is as strict as the corresponding State rule; and (2) it has been submitted to and approved by the EQC. This delegation of authority to LRAPA in the Oregon SIP is consistent with CAA section 110(a)(2)(E) requirements for State and local air agencies. On July 19, 2018 and September 25, 2018, the ODEQ and LRAPA submitted revisions to the Oregon SIP as it applies in Lane County. These changes update the LRAPA Title 47 outdoor burning rule providing clarification and additional controls of outdoor burning activities in Lane County and align the Title 15 enforcement procedure and civil penalties rule with recently approved State rules in OAR Chapter 340, Division12 (80 FR 64346, October 23, 2015). E:\FR\FM\26NOP1.SGM 26NOP1

Agencies

[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Proposed Rules]
[Pages 60385-60386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25665]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3010

[Docket No. RM2019-2; Order No. 4882]


Ratemaking Procedures for Inbound Letter Post and Related 
Services

AGENCY: Postal Regulatory Commission.

ACTION: Advance notice of proposed rulemaking.

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

SUMMARY: The Commission is acknowledging a recent filing requesting the 
Commission to consider the application of the market dominant price cap 
to rates for Inbound Letter Post and certain other inbound 
international market dominant products. This document informs the 
public of the filing, invites public comment, and takes other 
administrative steps.

DATES: Comments are due: December 10, 2018.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at https://www.prc.gov. Those who cannot submit comments 
electronically should contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section by telephone for advice on filing 
alternatives.

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

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. Background
III. Petition
IV. Invitation to Comment
V. Ordering Paragraphs

I. Introduction

    On November 16, 2018, the Postal Service filed a request for the 
Commission to consider the application of the market dominant price cap 
to rates for Inbound Letter Post and certain other inbound 
international market dominant products.\1\ The Postal Service requests 
that the Commission replace the price cap treatment with an 
``evaluation of whether price changes for these services promote the 
objectives in [39 U.S.C.] [s]ection 3622(b), taking into account the 
factors in [s]ection 3622(c).'' Petition at 2. The Commission initiates 
this rulemaking to seek comments and facilitate the Commission's 
examination into ratemaking procedures for Inbound Letter Post and 
related international services.
---------------------------------------------------------------------------

    \1\ Petition of the United States Postal Service to Initiate a 
Rulemaking Concerning Ratemaking Procedures for Inbound Letter Post 
and Related Services, November 16, 2018 (Petition).
---------------------------------------------------------------------------

II. Background

    At the same time it filed the instant Petition, the Postal Service 
filed a concurrent request seeking to transfer a portion of Inbound 
Letter Post (and inbound registered services associated with those 
items) to the competitive product list.\2\ The Postal Service states 
that it intends for the instant Petition to cover only the related 
products remaining on the market dominant product list upon resolution 
of the Transfer Request. Petition at 2, n.4.
---------------------------------------------------------------------------

    \2\ Docket No. MC2019-17, United States Postal Service Request 
to Transfer Inbound Letter Post Small Packets and Bulky Letters, and 
Inbound Registered Service Associated with Such Items, to the 
Competitive Product List, November 16, 2018 (Transfer Request).
---------------------------------------------------------------------------

    The Postal Service states that the recommendation to adopt self-
declared rates for terminal dues,\3\ made by the Department of State 
and endorsed by the President, creates uncertainty regarding the rates 
going forward. See Petition at 1, nn.1, 2; 2-3. The Postal Service 
further notes that the Department of State's negotiations could result 
in a decision to rescind withdrawal from the Universal Postal Union 
(UPU), but it is impossible to predict to what extent terminal dues 
would be self-declared or set by the UPU. Petition at 2-3. The Postal 
Service suggests that although the Commission's review of the market 
dominant ratemaking system is pending, to the extent that a market 
dominant price cap currently applies or is maintained in some form, 
there should be an exception for generally applicable rates set by the 
Postal Service that are paid by foreign postal operators. Id. at 4. The 
Postal Service states that its requested treatment of Inbound Letter 
Post rates should apply whether the rates are self-declared or not. Id. 
at 5.
---------------------------------------------------------------------------

    \3\ Terminal dues refer to payments by foreign postal operators 
to the Postal Service for delivery of Inbound Letter Post in the 
United States.
---------------------------------------------------------------------------

III. Petition

    The Postal Service requests that the Commission reconsider its 
decision in Order No. 43, in which it held that Inbound Letter Post 
must be classified as a market dominant product.\4\ The Postal Service 
states that changes in circumstances, including ``a significant shift 
in U.S. Government policy toward Inbound Letter Post,'' warrant a 
reconsideration of the decision to apply the market dominant price cap 
to inbound international products. See Petition at 5-9. The Postal 
Service states that the Postal Accountability and Enhancement Act's 
intent was to protect individual domestic customers, rather than 
foreign postal operators.\5\
---------------------------------------------------------------------------

    \4\ Docket No. RM2007-1, Order Establishing Ratemaking 
Regulations for Market Dominant and Competitive Products, October 
29, 2007 (Order No. 43).
    \5\ Id. at 7, 8-9. Postal Accountability and Enhancement Act 
(PAEA), Public Law 109-435, 120 Stat. 3198 (2006).
---------------------------------------------------------------------------

    The Postal Service proposes a regulatory system for Inbound Letter 
Post wherein the Commission would apply the objectives and factors 
listed in 39 U.S.C. 3622(b) and 3622(c) as standards for review of 
inbound international rate adjustments. Petition at 2, 9. The Postal 
Service suggests that this review can occur after-the-fact,

[[Page 60386]]

through the annual compliance review proceedings, but also proposes an 
alternative before-the-fact review of rate adjustments. Id. at 10. The 
Postal Service submits these proposed rules and alternative proposed 
rules in Appendix I of the Petition.

IV. Invitation to Comment

    The Commission establishes Docket No. RM2019-2 for consideration of 
matters raised in the Petition. More information on the Petition may be 
accessed via the Commission's website at https://www.prc.gov. Interested 
persons may submit comments on the Petition no later than December 10, 
2018.
    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 the above-captioned 
docket.

V. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. RM2019-2 for consideration 
of the matters raised by the Petition of the United States Postal 
Service to Initiate a Rulemaking Concerning Ratemaking Procedures for 
Inbound Letter Post and Related Services, filed November 16, 2018.
    2. Comments are due no later than December 10, 2018.
    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 docket.
    4. The Secretary shall arrange for publication of this Notice in 
the Federal Register.

    By the Commission.
Stacy L. Ruble,
Secretary.
[FR Doc. 2018-25665 Filed 11-23-18; 8:45 am]
BILLING CODE 7710-FW-P
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