FY 2023 Annual Compliance Report, 963-965 [2024-00092]
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Federal Register / Vol. 89, No. 5 / Monday, January 8, 2024 / Notices
For the Nuclear Regulatory Commission.
Christopher M. Regan,
Director, Division of Rulemaking,
Environmental, and Financial Support, Office
of Nuclear Materials Safety and Safeguards.
[FR Doc. 2024–00147 Filed 1–5–24; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2024–152 and CP2024–158;
MC2024–153 and CP2024–159; MC2024–154
and CP2024–160; MC2024–155 and CP2024–
161; MC2024–156 and CP2024–162;
MC2024–157 and CP2024–163]
New Postal Products
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
SUMMARY: The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
a negotiated service agreement. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: January 9,
2024.
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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Docketed Proceeding(s)
ddrumheller on DSK120RN23PROD with NOTICES1
I. Introduction
The Commission gives notice that the
Postal Service filed request(s) for the
Commission to consider matters related
to negotiated service agreement(s). The
request(s) may propose the addition or
removal of a negotiated service
agreement from the Market Dominant or
the Competitive product list, or the
modification of an existing product
currently appearing on the Market
Dominant or the Competitive product
list.
Section II identifies the docket
number(s) associated with each Postal
Service request, the title of each Postal
Service request, the request’s acceptance
date, and the authority cited by the
Postal Service for each request. For each
request, the Commission appoints an
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officer of the Commission to represent
the interests of the general public in the
proceeding, pursuant to 39 U.S.C. 505
(Public Representative). Section II also
establishes comment deadline(s)
pertaining to each request.
The public portions of the Postal
Service’s request(s) can be accessed via
the Commission’s website (https://
www.prc.gov). Non-public portions of
the Postal Service’s request(s), if any,
can be accessed through compliance
with the requirements of 39 CFR
3011.301.1
The Commission invites comments on
whether the Postal Service’s request(s)
in the captioned docket(s) are consistent
with the policies of title 39. For
request(s) that the Postal Service states
concern Market Dominant product(s),
applicable statutory and regulatory
requirements include 39 U.S.C. 3622, 39
U.S.C. 3642, 39 CFR part 3030, and 39
CFR part 3040, subpart B. For request(s)
that the Postal Service states concern
Competitive product(s), applicable
statutory and regulatory requirements
include 39 U.S.C. 3632, 39 U.S.C. 3633,
39 U.S.C. 3642, 39 CFR part 3035, and
39 CFR part 3040, subpart B. Comment
deadline(s) for each request appear in
section II.
II. Docketed Proceeding(s)
1. Docket No(s).: MC2024–152 and
CP2024–158; Filing Title: USPS Request
to Add Priority Mail & USPS Ground
Advantage Contract 164 to Competitive
Product List and Notice of Filing
Materials Under Seal; Filing Acceptance
Date: December 29, 2023; Filing
Authority: 39 U.S.C. 3642, 39 CFR
3040.130 through 3040.135, and 39 CFR
3035.105; Public Representative:
Samuel Robinson; Comments Due:
January 9, 2024.
2. Docket No(s).: MC2024–153 and
CP2024–159; Filing Title: USPS Request
to Add Priority Mail & USPS Ground
Advantage Contract 165 to Competitive
Product List and Notice of Filing
Materials Under Seal; Filing Acceptance
Date: December 29, 2023; Filing
Authority: 39 U.S.C. 3642, 39 CFR
3040.130 through 3040.135, and 39 CFR
3035.105; Public Representative:
Samuel Robinson; Comments Due:
January 9, 2024.
3. Docket No(s).: MC2024–154 and
CP2024–160; Filing Title: USPS Request
to Add Priority Mail & USPS Ground
Advantage Contract 166 to Competitive
Product List and Notice of Filing
Materials Under Seal; Filing Acceptance
1 See Docket No. RM2018–3, Order Adopting
Final Rules Relating to Non-Public Information,
June 27, 2018, Attachment A at 19–22 (Order No.
4679).
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963
Date: December 29, 2023; Filing
Authority: 39 U.S.C. 3642, 39 CFR
3040.130 through 3040.135, and 39 CFR
3035.105; Public Representative: Alireza
Motameni; Comments Due: January 9,
2024.
4. Docket No(s).: MC2024–155 and
CP2024–161; Filing Title: USPS Request
to Add Priority Mail Express, Priority
Mail & USPS Ground Advantage
Contract 41 to Competitive Product List
and Notice of Filing Materials Under
Seal; Filing Acceptance Date: December
29, 2023; Filing Authority: 39 U.S.C.
3642, 39 CFR 3040.130 through
3040.135, and 39 CFR 3035.105; Public
Representative: Samuel Robinson;
Comments Due: January 9, 2024.
5. Docket No(s).: MC2024–156 and
CP2024–162; Filing Title: USPS Request
to Add Priority Mail & USPS Ground
Advantage Contract 167 to Competitive
Product List and Notice of Filing
Materials Under Seal; Filing Acceptance
Date: December 29, 2023; Filing
Authority: 39 U.S.C. 3642, 39 CFR
3040.130 through 3040.135, and 39 CFR
3035.105; Public Representative: Arif
Hafiz; Comments Due: January 9, 2024.
6. Docket No(s).: MC2024–157 and
CP2024–163; Filing Title: USPS Request
to Add Priority Mail & USPS Ground
Advantage Contract 168 to Competitive
Product List and Notice of Filing
Materials Under Seal; Filing Acceptance
Date: December 29, 2023; Filing
Authority: 39 U.S.C. 3642, 39 CFR
3040.130 through 3040.135, and 39 CFR
3035.105; Public Representative: Arif
Hafiz; Comments Due: January 9, 2024.
This Notice will be published in the
Federal Register.
Erica A. Barker,
Secretary.
[FR Doc. 2024–00093 Filed 1–5–24; 8:45 am]
BILLING CODE 7710–FW–P
POSTAL REGULATORY COMMISSION
[Docket No. ACR2023; Order No. 6909]
FY 2023 Annual Compliance Report
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
SUMMARY: The Postal Service has filed
an Annual Compliance Report on the
costs, revenues, rates, and quality of
service associated with its products in
fiscal year 2023. Within 90 days, the
Commission must evaluate that
information and issue its determination
as to whether rates were compliant and
whether service standards in effect were
met. To assist in this, the Commission
seeks public comments on the Postal
Service’s Annual Compliance Report.
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964
Federal Register / Vol. 89, No. 5 / Monday, January 8, 2024 / Notices
Comments are due: January 30,
2024. Reply Comments are due:
February 13, 2024.
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.
DATES:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Overview of the Postal Service’s FY 2023
ACR
III. Procedural Steps
IV. Ordering Paragraphs
I. Introduction
On December 29, 2023, the Postal
Service filed with the Commission its
Annual Compliance Report (ACR) for
fiscal year (FY) 2023, pursuant to 39
U.S.C. 3652.1 Section 3652 requires
submission of data and information on
the costs, revenues, rates, and quality of
service associated with postal products
within 90 days of the closing of each
fiscal year. In conformance with other
statutory provisions and Commission
rules, the ACR includes the Postal
Service’s FY 2023 Comprehensive
Statement on Postal Operations, its FY
2023 annual report to the Secretary of
the Treasury on the Competitive
Products Fund, and certain related
Competitive Products Fund material.
See respectively, 39 U.S.C. 3652(g), 39
U.S.C. 2011(i), and 39 CFR 3060.20–23;
FY 2023 ACR at 7. In line with past
practice, some of the material in the FY
2023 ACR appears in non-public
annexes.
The filing begins a review process that
results in an Annual Compliance
Determination (ACD) issued by the
Commission to determine whether
Postal Service products offered during
FY 2023 were in compliance with
applicable title 39 requirements.
ddrumheller on DSK120RN23PROD with NOTICES1
II. Overview of the Postal Service’s FY
2023 ACR
Contents of the filing. The Postal
Service’s FY 2023 ACR consists of a
112-page narrative; extensive additional
material appended as separate folders
1 United
States Postal Service FY 2023 Annual
Compliance Report, December 29, 2023, at 1 (FY
2023 ACR). Public portions of the Postal Service’s
filing are available on the Commission’s website at
https://www.prc.gov.
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16:46 Jan 05, 2024
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and identified in Attachment One; and
an application for non-public treatment
of certain materials, along with
supporting rationale, filed as
Attachment Two. The filing also
includes the Comprehensive
Statement,2 Report to the Secretary of
the Treasury, and information on the
Competitive Products Fund filed in
response to Commission rules. This
material has been filed electronically
with the Commission.
Scope of the filing. The material
appended to the narrative consists of:
(1) domestic product costing material
filed on an annual basis summarized in
the Cost and Revenue Analysis (CRA);
(2) comparable international costing
material summarized in the
International Cost and Revenue
Analysis (ICRA); (3) worksharing-related
cost studies; and (4) billing determinant
information for both domestic and
international mail. FY 2023 ACR at 6–
7. Inclusion of these four data sets is
consistent with the Postal Service’s past
ACR practices. As with past ACRs, the
Postal Service has split certain materials
into public and non-public versions. Id.
at 7.
‘‘Roadmap’’ document. A roadmap to
the FY 2023 ACR can be found in
Library Reference USPS–FY23–9. Id.
This document provides brief
descriptions of the materials submitted,
as well as the flow of inputs and outputs
among them; a discussion of differences
in methodology relative to Commission
methodologies in last year’s ACD; and a
list of special studies and a discussion
of obsolescence, as required by
Commission rule 39 CFR 3050.12. Id. at
7–8.
Methodology. The Postal Service
states that it has adhered to the
methodologies historically used by the
Commission subject to changes
identified and discussed in Library
Reference USPS–FY23–9 and in
prefaces accompanying the appended
folders.3
2 In years prior to 2013, the Commission reviewed
the Postal Service’s reports prepared pursuant to 39
U.S.C. 2803 and 39 U.S.C. 2804 (filed as the
Comprehensive Statement by the Postal Service) in
its ACD. However, as it has for the past several
years, the Commission intends to issue a separate
notice soliciting comments on the Comprehensive
Statement and provide its related analysis in a
separate report from the ACD.
3 Id. at 8. The Commission notes that, on
December 8, 2023, the Postal Service filed a motion
requesting a temporary waiver of 39 CFR 3050.10
with respect to reporting disaggregated costs for
USPS Ground Advantage in the FY 2023 ACR. See
Motion of the United States Postal Service for
Waiver of Rule 3050.10 with Respect to
Disaggregated Ground Advantage Costs, December
8, 2023 (Motion). The Commission has taken the
Motion under advisement. See Order Taking Under
Advisement Postal Service Motion for Waiver of
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Market Dominant product-by-product
costs, revenues, and volumes.
Comprehensive cost, revenue, and
volume data for all Market Dominant
products of general applicability are
shown directly in the FY 2023 CRA or
ICRA. FY 2023 ACR at 11.
The FY 2023 ACR includes a
discussion by class of each Market
Dominant product, including costs,
revenues, and volumes, workshare
discounts, and passthroughs responsive
to 39 U.S.C. 3652(b), and FY 2023
promotions. Id. at 11–47.
Service performance. The Postal
Service notes that the Commission
adopted several revisions related to the
rules on periodic reporting of service
performance measurement and
customer satisfaction in FY 2023.4
Responsive information appears in
Library Reference USPS–FY23–29. FY
2023 ACR at 48. In addition, the FY
2023 ACR discusses the Postal Service’s
10-year strategic plan and postal
product on-time performance. Id. at 48–
57.
Customer satisfaction. The FY 2023
ACR discusses the Postal Service’s
approach for measuring customer
experience and satisfaction; discusses
survey modifications; describes the
methodology; presents a table with
survey results; compares the results
from FY 2022 to FY 2023; and provides
information regarding consumer access
to postal services. Id. at 57–95.
Competitive products. The FY 2023
ACR provides costs, revenues, and
volumes for Competitive products of
general applicability in the FY 2023
CRA or ICRA. For Competitive products
not of general applicability, data are
provided in non-public Library
References USPS–FY23–NP2 and
USPS–FY23–NP27. Id. at 96. The FY
2023 ACR also addresses the
Competitive product pricing standards
of 39 U.S.C. 3633. Id. at 96–107.
Market tests; nonpostal services. The
Postal Service discusses one market
dominant market test conducted during
FY 2023 as well as nonpostal services.
Id. at 108–110.
III. Procedural Steps
Statutory requirements. Section 3653
of title 39 requires the Commission to
provide interested persons with an
opportunity to comment on the ACR
and to appoint an officer of the
Commission (Public Representative) to
represent the interests of the general
Rule 39 CFR 3050.10 Regarding Disaggregated USPS
Ground Advantage Cost Information, December 22,
2023 (Order No. 6894).
4 Id. at 48. See Docket No. RM2022–7, Order
Revising Rules for Periodic Reporting of Service
Performance, February 9, 2023 (Order No. 6439).
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Federal Register / Vol. 89, No. 5 / Monday, January 8, 2024 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
public. The Commission hereby solicits
public comment on the Postal Service’s
FY 2023 ACR and on whether any rates
or fees in effect during FY 2023 (for
products individually or collectively)
were not in compliance with applicable
provisions of chapter 36 of title 39 or
Commission regulations promulgated
thereunder. Commenters addressing
Market Dominant products are referred
in particular to the applicable
requirements (39 U.S.C. 3622(d) and (e)
and 39 U.S.C. 3626); objectives (39
U.S.C. 3622(b)); and factors (39 U.S.C.
3622(c)). Commenters addressing
Competitive products are referred to 39
U.S.C. 3633.
The Commission also invites public
comment on the cost coverage matters
the Postal Service addresses in its filing;
service performance results; levels of
customer satisfaction achieved; and
such other matters that may be relevant
to the Commission’s review.
Access to filing. The Commission has
posted the publicly available portions of
the FY 2023 ACR on its website at
https://www.prc.gov. Interested persons
may request access to non-public
materials pursuant to 39 CFR 3011.301.
Comment deadlines. Comments by
interested persons are due on or before
January 30, 2024. Reply comments are
due on or before February 13, 2024. The
Commission, upon completion of its
review of the FY 2023 ACR, comments,
and other data and information
submitted in this proceeding, will issue
its ACD.
Public Representative. Kenneth R.
Moeller is designated to serve as the
Public Representative to represent the
interests of the general public in this
proceeding. Neither the Public
Representative nor any additional
persons assigned to assist him shall
participate in or advise as to any
Commission decision in this proceeding
other than in his or her designated
capacity.
IV. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket
No. ACR2023 to consider matters raised
by the United States Postal Service’s FY
2023 Annual Compliance Report.
2. Pursuant to 39 U.S.C. 505, the
Commission appoints Kenneth R.
Moeller as an officer of the Commission
(Public Representative) in this
proceeding to represent the interests of
the general public.
3. Comments on the United States
Postal Service’s FY 2023 Annual
Compliance Report to the Commission
are due on or before January 30, 2024.
4. Reply comments are due on or
before February 13, 2024.
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16:46 Jan 05, 2024
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5. The Secretary shall arrange for
publication of this Order in the Federal
Register.
By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2024–00092 Filed 1–5–24; 8:45 am]
BILLING CODE 7710–FW–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–99259; File No. SR–MEMX–
2023–38]
Self-Regulatory Organizations; MEMX
LLC; Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Amend the Exchange’s Fee
Schedule To Establish an Options
Regulatory Fee (‘‘ORF’’)
January 2, 2024.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on December
20, 2023, MEMX LLC (‘‘MEMX’’ or the
‘‘Exchange’’) filed with the Securities
and Exchange Commission (the
‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange is filing with the
Commission a proposed rule change to
amend the Exchange’s fee schedule
applicable to Members 3 (the ‘‘Fee
Schedule’’) pursuant to Exchange Rules
15.1(a) and (c) to establish an Options
Regulatory Fee (‘‘ORF’’) that would
automatically sunset on May 31, 2024.
The Exchange proposes to implement
the changes to the Fee Schedule
pursuant to this proposal immediately.
The text of the proposed rule change is
provided in Exhibit 5.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Exchange Rule 1.5(p).
2 17
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965
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to establish
an ORF in the amount of $0.0015 per
contract side, effective immediately.4
The amount of the proposed fee is based
on historical industry volume, projected
volumes on the Exchange, and projected
Exchange regulatory costs. The
Exchange’s proposed ORF should
balance the Exchange’s regulatory
revenue against the anticipated
regulatory costs. As discussed more
fully below, the Exchange proposes that
the ORF will automatically sunset on
May 31, 2024.
MEMX previously filed a proposal to
establish an ORF in the amount of
$0.0015 per contract side on September
27, 2023 (the ‘‘Initial ORF Filing’’),5
which was immediately effective upon
filing with the Commission pursuant to
Section 19(b)(3)(A) of the Act.6 The
Initial ORF Filing was published for
comment in the Federal Register on
October 4, 2023.7 The Commission
received no comments on the Initial
ORF Filing before November 24, 2023.
On that date, the Commission issued a
Suspension of and Order Instituting
Proceedings to Determine whether to
Approve or Disapprove a Proposed Rule
Change to Amend its Fee Schedule to
Establish an Options Regulatory Fee
(‘‘the OIP’’) and requested public
comment and additional information on
various aspects of the Initial ORF
Filing.8 To date, the Commission has
4 The Exchange initially filed the proposed Fee
Schedule changes on December 1, 2023 (SR–
MEMX–2023–33). On December 13, 2023, the
Exchange withdrew that filing and submitted SR–
MEMX–2023–34. On December 19, 2023, the
Exchange withdrew SR–MEMX–2023–34 and
submitted SR–MEMX–2023–36. On December 20,
2023, the Exchange withdrew SR–MEMX–2023–36
and submitted this filing.
5 See Securities Exchange Act Release No. 98585
(September 28, 2023), 88 FR 68692 (October 4,
2023) (SR–MEMX–2023–25).
6 15 U.S.C. 78s(b)(3)(A). A proposed rule change
may take effect upon filing with the Commission if
it is designated by the exchange as ‘‘establishing or
changing a due, fee, or other charge imposed by the
self-regulatory organization on any person, whether
or not the person is a member of the self-regulatory
organization.’’ 15 U.S.C. 78s(b)(3)(A)(ii).
7 See supra note 5.
8 See Securities Exchange Act Release No. 99017
(November 24, 2023), 88 FR 83590 (November 30,
Continued
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]]>Agencies
[Federal Register Volume 89, Number 5 (Monday, January 8, 2024)]
[Notices]
[Pages 963-965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00092]
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
[Docket No. ACR2023; Order No. 6909]
FY 2023 Annual Compliance Report
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Postal Service has filed an Annual Compliance Report on
the costs, revenues, rates, and quality of service associated with its
products in fiscal year 2023. Within 90 days, the Commission must
evaluate that information and issue its determination as to whether
rates were compliant and whether service standards in effect were met.
To assist in this, the Commission seeks public comments on the Postal
Service's Annual Compliance Report.
[[Page 964]]
DATES: Comments are due: January 30, 2024. Reply Comments are due:
February 13, 2024.
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. Overview of the Postal Service's FY 2023 ACR
III. Procedural Steps
IV. Ordering Paragraphs
I. Introduction
On December 29, 2023, the Postal Service filed with the Commission
its Annual Compliance Report (ACR) for fiscal year (FY) 2023, pursuant
to 39 U.S.C. 3652.\1\ Section 3652 requires submission of data and
information on the costs, revenues, rates, and quality of service
associated with postal products within 90 days of the closing of each
fiscal year. In conformance with other statutory provisions and
Commission rules, the ACR includes the Postal Service's FY 2023
Comprehensive Statement on Postal Operations, its FY 2023 annual report
to the Secretary of the Treasury on the Competitive Products Fund, and
certain related Competitive Products Fund material. See respectively,
39 U.S.C. 3652(g), 39 U.S.C. 2011(i), and 39 CFR 3060.20-23; FY 2023
ACR at 7. In line with past practice, some of the material in the FY
2023 ACR appears in non-public annexes.
---------------------------------------------------------------------------
\1\ United States Postal Service FY 2023 Annual Compliance
Report, December 29, 2023, at 1 (FY 2023 ACR). Public portions of
the Postal Service's filing are available on the Commission's
website at https://www.prc.gov.
---------------------------------------------------------------------------
The filing begins a review process that results in an Annual
Compliance Determination (ACD) issued by the Commission to determine
whether Postal Service products offered during FY 2023 were in
compliance with applicable title 39 requirements.
II. Overview of the Postal Service's FY 2023 ACR
Contents of the filing. The Postal Service's FY 2023 ACR consists
of a 112-page narrative; extensive additional material appended as
separate folders and identified in Attachment One; and an application
for non-public treatment of certain materials, along with supporting
rationale, filed as Attachment Two. The filing also includes the
Comprehensive Statement,\2\ Report to the Secretary of the Treasury,
and information on the Competitive Products Fund filed in response to
Commission rules. This material has been filed electronically with the
Commission.
---------------------------------------------------------------------------
\2\ In years prior to 2013, the Commission reviewed the Postal
Service's reports prepared pursuant to 39 U.S.C. 2803 and 39 U.S.C.
2804 (filed as the Comprehensive Statement by the Postal Service) in
its ACD. However, as it has for the past several years, the
Commission intends to issue a separate notice soliciting comments on
the Comprehensive Statement and provide its related analysis in a
separate report from the ACD.
---------------------------------------------------------------------------
Scope of the filing. The material appended to the narrative
consists of: (1) domestic product costing material filed on an annual
basis summarized in the Cost and Revenue Analysis (CRA); (2) comparable
international costing material summarized in the International Cost and
Revenue Analysis (ICRA); (3) worksharing-related cost studies; and (4)
billing determinant information for both domestic and international
mail. FY 2023 ACR at 6-7. Inclusion of these four data sets is
consistent with the Postal Service's past ACR practices. As with past
ACRs, the Postal Service has split certain materials into public and
non-public versions. Id. at 7.
``Roadmap'' document. A roadmap to the FY 2023 ACR can be found in
Library Reference USPS-FY23-9. Id. This document provides brief
descriptions of the materials submitted, as well as the flow of inputs
and outputs among them; a discussion of differences in methodology
relative to Commission methodologies in last year's ACD; and a list of
special studies and a discussion of obsolescence, as required by
Commission rule 39 CFR 3050.12. Id. at 7-8.
Methodology. The Postal Service states that it has adhered to the
methodologies historically used by the Commission subject to changes
identified and discussed in Library Reference USPS-FY23-9 and in
prefaces accompanying the appended folders.\3\
---------------------------------------------------------------------------
\3\ Id. at 8. The Commission notes that, on December 8, 2023,
the Postal Service filed a motion requesting a temporary waiver of
39 CFR 3050.10 with respect to reporting disaggregated costs for
USPS Ground Advantage in the FY 2023 ACR. See Motion of the United
States Postal Service for Waiver of Rule 3050.10 with Respect to
Disaggregated Ground Advantage Costs, December 8, 2023 (Motion). The
Commission has taken the Motion under advisement. See Order Taking
Under Advisement Postal Service Motion for Waiver of Rule 39 CFR
3050.10 Regarding Disaggregated USPS Ground Advantage Cost
Information, December 22, 2023 (Order No. 6894).
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Market Dominant product-by-product costs, revenues, and volumes.
Comprehensive cost, revenue, and volume data for all Market Dominant
products of general applicability are shown directly in the FY 2023 CRA
or ICRA. FY 2023 ACR at 11.
The FY 2023 ACR includes a discussion by class of each Market
Dominant product, including costs, revenues, and volumes, workshare
discounts, and passthroughs responsive to 39 U.S.C. 3652(b), and FY
2023 promotions. Id. at 11-47.
Service performance. The Postal Service notes that the Commission
adopted several revisions related to the rules on periodic reporting of
service performance measurement and customer satisfaction in FY
2023.\4\ Responsive information appears in Library Reference USPS-FY23-
29. FY 2023 ACR at 48. In addition, the FY 2023 ACR discusses the
Postal Service's 10-year strategic plan and postal product on-time
performance. Id. at 48-57.
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\4\ Id. at 48. See Docket No. RM2022-7, Order Revising Rules for
Periodic Reporting of Service Performance, February 9, 2023 (Order
No. 6439).
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Customer satisfaction. The FY 2023 ACR discusses the Postal
Service's approach for measuring customer experience and satisfaction;
discusses survey modifications; describes the methodology; presents a
table with survey results; compares the results from FY 2022 to FY
2023; and provides information regarding consumer access to postal
services. Id. at 57-95.
Competitive products. The FY 2023 ACR provides costs, revenues, and
volumes for Competitive products of general applicability in the FY
2023 CRA or ICRA. For Competitive products not of general
applicability, data are provided in non-public Library References USPS-
FY23-NP2 and USPS-FY23-NP27. Id. at 96. The FY 2023 ACR also addresses
the Competitive product pricing standards of 39 U.S.C. 3633. Id. at 96-
107.
Market tests; nonpostal services. The Postal Service discusses one
market dominant market test conducted during FY 2023 as well as
nonpostal services. Id. at 108-110.
III. Procedural Steps
Statutory requirements. Section 3653 of title 39 requires the
Commission to provide interested persons with an opportunity to comment
on the ACR and to appoint an officer of the Commission (Public
Representative) to represent the interests of the general
[[Page 965]]
public. The Commission hereby solicits public comment on the Postal
Service's FY 2023 ACR and on whether any rates or fees in effect during
FY 2023 (for products individually or collectively) were not in
compliance with applicable provisions of chapter 36 of title 39 or
Commission regulations promulgated thereunder. Commenters addressing
Market Dominant products are referred in particular to the applicable
requirements (39 U.S.C. 3622(d) and (e) and 39 U.S.C. 3626); objectives
(39 U.S.C. 3622(b)); and factors (39 U.S.C. 3622(c)). Commenters
addressing Competitive products are referred to 39 U.S.C. 3633.
The Commission also invites public comment on the cost coverage
matters the Postal Service addresses in its filing; service performance
results; levels of customer satisfaction achieved; and such other
matters that may be relevant to the Commission's review.
Access to filing. The Commission has posted the publicly available
portions of the FY 2023 ACR on its website at https://www.prc.gov.
Interested persons may request access to non-public materials pursuant
to 39 CFR 3011.301.
Comment deadlines. Comments by interested persons are due on or
before January 30, 2024. Reply comments are due on or before February
13, 2024. The Commission, upon completion of its review of the FY 2023
ACR, comments, and other data and information submitted in this
proceeding, will issue its ACD.
Public Representative. Kenneth R. Moeller is designated to serve as
the Public Representative to represent the interests of the general
public in this proceeding. Neither the Public Representative nor any
additional persons assigned to assist him shall participate in or
advise as to any Commission decision in this proceeding other than in
his or her designated capacity.
IV. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket No. ACR2023 to consider
matters raised by the United States Postal Service's FY 2023 Annual
Compliance Report.
2. Pursuant to 39 U.S.C. 505, the Commission appoints Kenneth R.
Moeller as an officer of the Commission (Public Representative) in this
proceeding to represent the interests of the general public.
3. Comments on the United States Postal Service's FY 2023 Annual
Compliance Report to the Commission are due on or before January 30,
2024.
4. Reply comments are due on or before February 13, 2024.
5. The Secretary shall arrange for publication of this Order in the
Federal Register.
By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2024-00092 Filed 1-5-24; 8:45 am]
BILLING CODE 7710-FW-P
