Amendments to Market Test Rules, 974-976 [2019-00398]
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Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Rules and Regulations
34 CFR Part 668
Administrative practice and
procedure, Colleges and universities,
Consumer protection, Grant programs—
education, Loan programs—education,
Reporting and recordkeeping
requirements, Selective Service System,
Student aid, Vocational education.
Dated: January 29, 2019.
Betsy DeVos,
Secretary of Education.
Authority: 20 U.S.C. 1221e–3 and 3474; 28
U.S.C. 2461 note, as amended by section 701
of Pub. Law 114–74, unless otherwise noted.
For the reasons discussed in the
preamble, the Secretary amends parts 36
and 668 of title 34 of the Code of
Federal Regulations as follows:
PART 36—ADJUSTMENT OF CIVIL
MONETARY PENALTIES FOR
INFLATION
2. Section 36.2 is amended by revising
Table I to read as follows:
■
§ 36.2
*
Penalty adjustment.
*
*
*
*
1. The authority citation for part 36
continues to read as follows:
■
TABLE I—SECTION 36.2.—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS
New maximum
(and minimum, if applicable)
penalty amount
Statute
Description
20
U.S.C.
1015(c)(5)
(Section
131(c)(5) of the Higher Education
Act of 1965 (HEA)).
20
U.S.C.
1022d(a)(3)
(Section
205(a)(3) of the HEA).
Provides for a fine, as set by Congress in 1998, of up to $25,000 for failure
by an institution of higher education (IHE) to provide information on the
cost of higher education to the Commissioner of Education Statistics.
Provides for a fine, as set by Congress in 2008, of up to $27,500 for failure
by an IHE to provide information to the State and the public regarding its
teacher-preparation programs.
Provides for a civil penalty, as set by Congress in 1986, of up to $25,000 for
violations by lenders and guaranty agencies of Title IV of the HEA, which
authorizes the Federal Family Education Loan Program.
Provides for a civil penalty, as set by Congress in 1986, of up to $25,000 for
an IHE’s violation of Title IV of the HEA, which authorizes various programs of student financial assistance.
Provides for a civil penalty, as set by Congress in 1994, of up to $1,000 for
an educational organization’s failure to disclose certain information to
minor students and their parents.
Provides for a civil penalty, as set by Congress in 1989, of $10,000 to
$100,000 for recipients of Government grants, contracts, etc. that improperly lobby Congress or the Executive Branch with respect to the award of
Government grants and contracts.
Provides for a civil penalty, as set by Congress in 1986, of up to $5,000 for
false claims and statements made to the Government.
20 U.S.C. 1082(g) (Section 432(g) of
the HEA).
20 U.S.C. 1094(c)(3)(B)
487(c)(3)(B) of the HEA).
(Section
20 U.S.C. 1228c(c)(2)(E) (Section 429
of the General Education Provisions
Act).
31 U.S.C. 1352(c)(1) and (c)(2)(A) ......
31 U.S.C. 3802(a)(1) and (a)(2) ..........
*
*
*
*
*
PART 668—STUDENT ASSISTANCE
GENERAL PROVISIONS
3. The authority citation for part 668
continues to read as follows:
§ 668.84
[Amended]
4. Section 668.84 is amended in
paragraph (a) by removing the number
‘‘$55,907’’ and adding in its place the
number ‘‘$57,317’’.
■
[FR Doc. 2019–00670 Filed 1–31–19; 8:45 am]
BILLING CODE 4000–01–P
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$57,317.
$57,317.
$1,692.
$20,134 to $201,340.
$11,463.
FOR FURTHER INFORMATION CONTACT:
39 CFR Part 3035
David A. Trissell, General Counsel, at
202–789–6820.
Amendments to Market Test Rules
Authority: 20 U.S.C. 1001–1003, 1070a,
1070g, 1085, 1087b, 1087d, 1087e, 1088,
1091, 1092, 1094, 1099c, 1099c–1, 1221e–3,
and 3474; Pub. L. 111–256, 124 Stat. 2643;
unless otherwise noted.
$32,110.
POSTAL REGULATORY COMMISSION
[Docket No. RM2018–12; Order No. 4973]
■
$38,549.
Postal Regulatory Commission.
ACTION: Final rule.
AGENCY:
The Commission is adopting
final rules amending the Commission’s
regulations governing market tests of
experimental products. The final rules
revise the method for calculating
applicable market test revenue
limitations and clarify the process for
filing a request to add a nonexperimental product or price category
based on an experimental product to the
market dominant or competitive
product list. For additional information,
Order No. 4973 can be accessed
electronically through the Commission’s
website at https://www.prc.gov.
DATES: Effective: March 4, 2019.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
Table of Contents
I. Relevant Statutory Requirements
II. Basis and Purpose of Rule Change
III. Final Rule
I. Relevant Statutory Requirements
Section 3641 of title 39 of the United
States Code authorizes the Postal
Service to conduct market tests of
experimental products. 39 U.S.C. 3641.
Generally, each product offered by the
Postal Service must comply with section
3622 (governing market dominant
products) or section 3633 (governing
competitive products), as well as section
3642 (governing changes to the lists of
market dominant and competitive
products) and applicable regulations.
Experimental products, however, are
not subject to these requirements. 39
U.S.C. 3641(a)(2).
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Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Rules and Regulations
The Postal Service may decide to add
a non-experimental product or price
category to the product list based on its
performance or other factors.
Accordingly, the regulations in this part
set forth procedures for filing a request
to add a current or former experimental
product to the market dominant or
competitive product list in nonexperimental status, that is—subject to
the applicable requirements of sections
3622 or 3633, 3642, and the applicable
regulations promulgated thereunder.1
In accordance with its specific
authority to regulate market tests under
section 3641 and its general authority
under section 503 to promulgate
regulations and establish procedures,
the Commission initiated a rulemaking
proceeding to consider amendments to
the existing market test regulations that
would better reflect current practice and
improve transparency and
accountability.
II. Basis and Purpose of Rule Change
The final rules amend existing market
test rules in 39 CFR part 3035 in two
areas. First, the final rules revise the
method for calculating applicable
revenue limitations for market tests
appearing in §§ 3035.15 and 3035.16 to
be consistent with the current level of
precision used in calculating the annual
limitation on the percentage change in
rates for market dominant products
(price cap). Second, the final rules
clarify the process under § 3035.18 for
filing a request to add a nonexperimental product or price category
based on an experimental product to the
market dominant or competitive
product list. The final rules also
emphasize the necessity of receiving
specific detailed information in such
requests.
III. Final Rule
The final rules amend existing
§§ 3035.15, 3035.16, and 3035.18. The
final rules replace ‘‘214.5’’ with
‘‘214.463’’ in existing § 3035.15(d) and
(e) as well as § 3035.16(c) and (d). The
final rules change the heading of
existing § 3035.18 to ‘‘Request to add a
non-experimental product or price
category based on an experimental
product to the product list.’’ Final
§ 3035.18(a) replaces the word
‘‘permanent’’ in existing § 3035.18 with
general language about adding a nonexperimental product or price category
based on an experimental product to the
market dominant or competitive
product list. Final § 3035.18(b)
1 See Docket No. RM2013–5, Order Adopting
Final Rules for Market Tests of Experimental
Products, August 28, 2014, at 24 (Order No. 2173).
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identifies instances when the Postal
Service must file a request compliant
with § 3035.18. Final § 3035.18(c) lists
the information that the Postal Service
must include in a request to add a nonexperimental product or price category
based on an experimental product to the
market dominant or competitive
product list.
Final § 3035.18(d) contains separate
notice requirements for a request filed
under § 3035.18 that seeks to continue
services provided under a market test
immediately when the market test ends.
Final § 3035.18(d) also specifies a
different advance notice requirement for
competitive NSAs (45 days) as
compared to other products (60 days).
Existing § 3035.18(c) is moved to final
§ 3035.18(e), but replaces the phrase ‘‘its
request to make an experimental
product permanent’’ with ‘‘a request
filed under this section’’ and adds ‘‘if
the market test proceeding’s docket is an
active case before the Commission’’ at
the end of the first sentence.
List of Subjects in 39 CFR Part 3035
Administrative practice and
procedure, Postal Service.
For the reasons discussed in the
preamble, the Commission amends 39
CFR part 3035 as follows:
PART 3035—RULES FOR MARKET
TESTS OF EXPERIMENTAL
PRODUCTS
1. The authority citation for part 3035
is revised to read as follows:
■
Authority: 39 U.S.C. 503; 3641.
2. Amend § 3035.15 by revising
paragraphs (d) and (e) to read as follows:
■
§ 3035.15
Dollar amount limitation.
*
*
*
*
*
(d) The calculation of the $10 Million
Adjusted Limitation involves the
following steps. First, a simple average
CPI–U index was calculated for fiscal
year 2008 by summing the monthly
CPI–U values from October 2007
through September 2008 and dividing
the sum by 12 (Base Average). The
resulting Base Average is 214.463. Then,
a second simple average CPI–U index is
similarly calculated for each subsequent
fiscal year by summing the 12 monthly
CPI–U values for the previous fiscal year
and dividing the sum by 12 (Recent
Average). Finally, the annual limitation
for the current fiscal year is calculated
by multiplying $10,000,000 by the
Recent Average divided by 214.463. The
result is expressed as a number,
rounded to the nearest dollar.
(e) The formula for calculating the $10
Million Adjusted Limitation is as
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975
follows: $10 Million Adjusted
Limitation = $10,000,000 * (Recent
Average/214.463).
■ 3. Amend § 3035.16 by revising
paragraphs (c) and (d) to read as follows:
§ 3035.16 Exemption from dollar amount
limitation.
*
*
*
*
*
(c) The calculation of the $50 Million
Adjusted Limitation involves the
following steps. First, a simple average
CPI–U index was calculated for fiscal
year 2008 by summing the monthly
CPI–U values from October 2007
through September 2008 and dividing
the sum by 12 (Base Average). The
resulting Base Average is 214.463. Then,
a second simple average CPI–U index is
similarly calculated for each subsequent
fiscal year by summing the 12 monthly
CPI–U values for the previous fiscal year
and dividing the sum by 12 (Recent
Average). Finally, the annual limitation
for the current fiscal year is calculated
by multiplying $50,000,000 by the
Recent Average divided by 214.463. The
result is expressed as a number,
rounded to the nearest dollar.
(d) The formula for calculating the
$50 Million Adjusted Limitation is as
follows: $50 Million Adjusted
Limitation = $50,000,000 * (Recent
Average/214.463).
*
*
*
*
*
■ 4. Revise § 3035.18 to read as follows:
§ 3035.18 Request to add a nonexperimental product or price category
based on an experimental product to the
product list.
(a) If the Postal Service seeks to add
a non-experimental product or price
category based on a former or current
experimental product to the market
dominant or competitive product list,
the Postal Service shall file a request,
pursuant to 39 U.S.C. 3642 and part
3020, subpart B of this chapter, to add
a non-experimental product or price
category to the applicable product list.
(b) The Postal Service shall comply
with the requirements specified in
paragraphs (c) through (e) of this section
of this section if the proposed nonexperimental product or price category:
(1) Offers the same (or similar) service
as a former or current experimental
product;
(2) Has the same distinct cost or
market characteristic as a former or
current experimental product; or
(3) Uses (or is based on) data or
assumptions from a former or current
market test proceeding.
(c) A request filed under this section
shall:
(1) Identify the market test and docket
number that the proposed non-
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Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Rules and Regulations
experimental product or price category
is based on;
(2) Explain the relationship between
the proposed non-experimental product
or price category and market test or
experimental product;
(3) Identify any assumptions from the
market test that the request uses or is
based on;
(4) Include all data from data
collection reports filed during the
market test in the financial model
supporting the request, or separately
identify and explain any differences
between the data collection reports filed
during the market test and the data used
in the financial model supporting the
request; and
(5) Quantify the product specific costs
associated with the development of the
market test; that is, costs incurred before
the market test was implemented.
(d) The Postal Service must provide
advance notice of a request filed under
this section.
(1)(i) The requirements in this
paragraph (d)(1) apply if the Postal
Service seeks to add a non-experimental
product or price category based on an
experimental product to the competitive
product list as an NSA. If the Postal
Service seeks to continue the services
provided under a market test
immediately when the market test ends
with no interruption in service, the
Postal Service must file a request under
this section at least 45 days before:
(A) The market test expires (including
any extension period granted); or
(B) The market test is expected to
exceed any authorized limitation
specified in §§ 3035.15 and 3035.16
during any fiscal year, whichever is
earlier.
(ii) In all other instances, the Postal
Service must file a request under this
section at least 45 days before the
requested date for the Commission’s
decision.
(2)(i) The requirements in this
paragraph (d)(2) apply if the Postal
Service seeks to add a non-experimental
product or price category based on an
experimental product to the market
dominant or competitive product list as
a product other than a competitive NSA.
If the Postal Service seeks to continue
the services provided under a market
test immediately when the market test
ends with no interruption in service, the
Postal Service must file a request under
this section at least 60 days before:
(A) The market test expires (including
any extension period granted); or
(B) The market test is expected to
exceed any authorized limitation
specified in §§ 3035.15 and 3035.16
during any fiscal year, whichever is
earlier.
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Jkt 247001
(ii) In all other instances, the Postal
Service must file a request under this
section at least 60 days before the
requested date for the Commission’s
decision.
(e) The Postal Service shall also file a
notice of a request filed under this
section in the market test proceeding’s
docket if the market test proceeding’s
docket is an active case before the
Commission. This notice shall include
the applicable docket number(s) for the
proceeding evaluating the request.
By the Commission.
Stacy L. Ruble,
Secretary.
[FR Doc. 2019–00398 Filed 1–31–19; 8:45 am]
BILLING CODE 7710–FW–P
Information 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 electronically through
https://www.regulations.gov or in hard
copy at the EPA Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202–
2733.
FOR FURTHER INFORMATION CONTACT: Carl
Young, 214–665–6645, young.carl@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2007–0314; FRL–9988–58–
Region 6]
Air Plan Approval; Oklahoma;
Interstate Transport Requirements for
the 1997 Ozone National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving a portion of an Oklahoma
State Implementation Plan (SIP)
submittal that pertains to the good
neighbor provision requirements of the
CAA with respect to interstate transport
of air pollution which will interfere
with maintenance of the 1997 ozone
National Ambient Air Quality Standards
(NAAQS). The good neighbor provision
requires, in part, that each state, in its
SIP, prohibit emissions that will
interfere with maintenance of a new or
revised NAAQS in another state. In this
action, EPA is approving the Oklahoma
SIP submittal as having met the interfere
with maintenance requirement of the
good neighbor provision for the 1997
ozone NAAQS in accordance with
section 110 of the CAA.
DATES: This rule is effective on March 4,
2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2007–0314. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
SUMMARY:
PO 00000
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The background for this action is
discussed in detail in our November 16,
2018 proposal (83 FR 57701). In that
document we proposed to (1) approve
the portion of a May 1, 2007 Oklahoma
SIP submittal pertaining to the interfere
with maintenance requirement of CAA
section 110(a)(2)(D)(i)(I) with respect to
the 1997 ozone NAAQS and (2) find that
the state’s conclusion that Oklahoma
emissions do not interfere with
maintenance of the 1997 ozone NAAQS
in another state is consistent with our
conclusion regarding this good neighbor
obligation. We did not receive any
comments regarding our proposal.
II. Final Action
We are approving the portion of a
May 1, 2007 Oklahoma SIP submittal
pertaining to the interfere with
maintenance requirement of CAA
section 110(a)(2)(D)(i)(I) with respect to
the 1997 ozone NAAQS. We find that
the state’s conclusion that Oklahoma
emissions do not interfere with
maintenance of the 1997 ozone NAAQS
in another state is consistent with our
conclusion regarding this good neighbor
obligation. This action is being taken
under section 110 of the Act.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
E:\FR\FM\01FER1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Rules and Regulations]
[Pages 974-976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00398]
=======================================================================
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
39 CFR Part 3035
[Docket No. RM2018-12; Order No. 4973]
Amendments to Market Test Rules
AGENCY: Postal Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission is adopting final rules amending the
Commission's regulations governing market tests of experimental
products. The final rules revise the method for calculating applicable
market test revenue limitations and clarify the process for filing a
request to add a non-experimental product or price category based on an
experimental product to the market dominant or competitive product
list. For additional information, Order No. 4973 can be accessed
electronically through the Commission's website at https://www.prc.gov.
DATES: Effective: March 4, 2019.
FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at
202-789-6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Relevant Statutory Requirements
II. Basis and Purpose of Rule Change
III. Final Rule
I. Relevant Statutory Requirements
Section 3641 of title 39 of the United States Code authorizes the
Postal Service to conduct market tests of experimental products. 39
U.S.C. 3641. Generally, each product offered by the Postal Service must
comply with section 3622 (governing market dominant products) or
section 3633 (governing competitive products), as well as section 3642
(governing changes to the lists of market dominant and competitive
products) and applicable regulations. Experimental products, however,
are not subject to these requirements. 39 U.S.C. 3641(a)(2).
[[Page 975]]
The Postal Service may decide to add a non-experimental product or
price category to the product list based on its performance or other
factors. Accordingly, the regulations in this part set forth procedures
for filing a request to add a current or former experimental product to
the market dominant or competitive product list in non-experimental
status, that is--subject to the applicable requirements of sections
3622 or 3633, 3642, and the applicable regulations promulgated
thereunder.\1\
---------------------------------------------------------------------------
\1\ See Docket No. RM2013-5, Order Adopting Final Rules for
Market Tests of Experimental Products, August 28, 2014, at 24 (Order
No. 2173).
---------------------------------------------------------------------------
In accordance with its specific authority to regulate market tests
under section 3641 and its general authority under section 503 to
promulgate regulations and establish procedures, the Commission
initiated a rulemaking proceeding to consider amendments to the
existing market test regulations that would better reflect current
practice and improve transparency and accountability.
II. Basis and Purpose of Rule Change
The final rules amend existing market test rules in 39 CFR part
3035 in two areas. First, the final rules revise the method for
calculating applicable revenue limitations for market tests appearing
in Sec. Sec. 3035.15 and 3035.16 to be consistent with the current
level of precision used in calculating the annual limitation on the
percentage change in rates for market dominant products (price cap).
Second, the final rules clarify the process under Sec. 3035.18 for
filing a request to add a non-experimental product or price category
based on an experimental product to the market dominant or competitive
product list. The final rules also emphasize the necessity of receiving
specific detailed information in such requests.
III. Final Rule
The final rules amend existing Sec. Sec. 3035.15, 3035.16, and
3035.18. The final rules replace ``214.5'' with ``214.463'' in existing
Sec. 3035.15(d) and (e) as well as Sec. 3035.16(c) and (d). The final
rules change the heading of existing Sec. 3035.18 to ``Request to add
a non-experimental product or price category based on an experimental
product to the product list.'' Final Sec. 3035.18(a) replaces the word
``permanent'' in existing Sec. 3035.18 with general language about
adding a non-experimental product or price category based on an
experimental product to the market dominant or competitive product
list. Final Sec. 3035.18(b) identifies instances when the Postal
Service must file a request compliant with Sec. 3035.18. Final Sec.
3035.18(c) lists the information that the Postal Service must include
in a request to add a non-experimental product or price category based
on an experimental product to the market dominant or competitive
product list.
Final Sec. 3035.18(d) contains separate notice requirements for a
request filed under Sec. 3035.18 that seeks to continue services
provided under a market test immediately when the market test ends.
Final Sec. 3035.18(d) also specifies a different advance notice
requirement for competitive NSAs (45 days) as compared to other
products (60 days).
Existing Sec. 3035.18(c) is moved to final Sec. 3035.18(e), but
replaces the phrase ``its request to make an experimental product
permanent'' with ``a request filed under this section'' and adds ``if
the market test proceeding's docket is an active case before the
Commission'' at the end of the first sentence.
List of Subjects in 39 CFR Part 3035
Administrative practice and procedure, Postal Service.
For the reasons discussed in the preamble, the Commission amends 39
CFR part 3035 as follows:
PART 3035--RULES FOR MARKET TESTS OF EXPERIMENTAL PRODUCTS
0
1. The authority citation for part 3035 is revised to read as follows:
Authority: 39 U.S.C. 503; 3641.
0
2. Amend Sec. 3035.15 by revising paragraphs (d) and (e) to read as
follows:
Sec. 3035.15 Dollar amount limitation.
* * * * *
(d) The calculation of the $10 Million Adjusted Limitation involves
the following steps. First, a simple average CPI-U index was calculated
for fiscal year 2008 by summing the monthly CPI-U values from October
2007 through September 2008 and dividing the sum by 12 (Base Average).
The resulting Base Average is 214.463. Then, a second simple average
CPI-U index is similarly calculated for each subsequent fiscal year by
summing the 12 monthly CPI-U values for the previous fiscal year and
dividing the sum by 12 (Recent Average). Finally, the annual limitation
for the current fiscal year is calculated by multiplying $10,000,000 by
the Recent Average divided by 214.463. The result is expressed as a
number, rounded to the nearest dollar.
(e) The formula for calculating the $10 Million Adjusted Limitation
is as follows: $10 Million Adjusted Limitation = $10,000,000 * (Recent
Average/214.463).
0
3. Amend Sec. 3035.16 by revising paragraphs (c) and (d) to read as
follows:
Sec. 3035.16 Exemption from dollar amount limitation.
* * * * *
(c) The calculation of the $50 Million Adjusted Limitation involves
the following steps. First, a simple average CPI-U index was calculated
for fiscal year 2008 by summing the monthly CPI-U values from October
2007 through September 2008 and dividing the sum by 12 (Base Average).
The resulting Base Average is 214.463. Then, a second simple average
CPI-U index is similarly calculated for each subsequent fiscal year by
summing the 12 monthly CPI-U values for the previous fiscal year and
dividing the sum by 12 (Recent Average). Finally, the annual limitation
for the current fiscal year is calculated by multiplying $50,000,000 by
the Recent Average divided by 214.463. The result is expressed as a
number, rounded to the nearest dollar.
(d) The formula for calculating the $50 Million Adjusted Limitation
is as follows: $50 Million Adjusted Limitation = $50,000,000 * (Recent
Average/214.463).
* * * * *
0
4. Revise Sec. 3035.18 to read as follows:
Sec. 3035.18 Request to add a non-experimental product or price
category based on an experimental product to the product list.
(a) If the Postal Service seeks to add a non-experimental product
or price category based on a former or current experimental product to
the market dominant or competitive product list, the Postal Service
shall file a request, pursuant to 39 U.S.C. 3642 and part 3020, subpart
B of this chapter, to add a non-experimental product or price category
to the applicable product list.
(b) The Postal Service shall comply with the requirements specified
in paragraphs (c) through (e) of this section of this section if the
proposed non-experimental product or price category:
(1) Offers the same (or similar) service as a former or current
experimental product;
(2) Has the same distinct cost or market characteristic as a former
or current experimental product; or
(3) Uses (or is based on) data or assumptions from a former or
current market test proceeding.
(c) A request filed under this section shall:
(1) Identify the market test and docket number that the proposed
non-
[[Page 976]]
experimental product or price category is based on;
(2) Explain the relationship between the proposed non-experimental
product or price category and market test or experimental product;
(3) Identify any assumptions from the market test that the request
uses or is based on;
(4) Include all data from data collection reports filed during the
market test in the financial model supporting the request, or
separately identify and explain any differences between the data
collection reports filed during the market test and the data used in
the financial model supporting the request; and
(5) Quantify the product specific costs associated with the
development of the market test; that is, costs incurred before the
market test was implemented.
(d) The Postal Service must provide advance notice of a request
filed under this section.
(1)(i) The requirements in this paragraph (d)(1) apply if the
Postal Service seeks to add a non-experimental product or price
category based on an experimental product to the competitive product
list as an NSA. If the Postal Service seeks to continue the services
provided under a market test immediately when the market test ends with
no interruption in service, the Postal Service must file a request
under this section at least 45 days before:
(A) The market test expires (including any extension period
granted); or
(B) The market test is expected to exceed any authorized limitation
specified in Sec. Sec. 3035.15 and 3035.16 during any fiscal year,
whichever is earlier.
(ii) In all other instances, the Postal Service must file a request
under this section at least 45 days before the requested date for the
Commission's decision.
(2)(i) The requirements in this paragraph (d)(2) apply if the
Postal Service seeks to add a non-experimental product or price
category based on an experimental product to the market dominant or
competitive product list as a product other than a competitive NSA. If
the Postal Service seeks to continue the services provided under a
market test immediately when the market test ends with no interruption
in service, the Postal Service must file a request under this section
at least 60 days before:
(A) The market test expires (including any extension period
granted); or
(B) The market test is expected to exceed any authorized limitation
specified in Sec. Sec. 3035.15 and 3035.16 during any fiscal year,
whichever is earlier.
(ii) In all other instances, the Postal Service must file a request
under this section at least 60 days before the requested date for the
Commission's decision.
(e) The Postal Service shall also file a notice of a request filed
under this section in the market test proceeding's docket if the market
test proceeding's docket is an active case before the Commission. This
notice shall include the applicable docket number(s) for the proceeding
evaluating the request.
By the Commission.
Stacy L. Ruble,
Secretary.
[FR Doc. 2019-00398 Filed 1-31-19; 8:45 am]
BILLING CODE 7710-FW-P
