[Federal Register Volume 75, Number 222 (Thursday, November 18, 2010)]
[Notices]
[Pages 70754-70755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29083]
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POSTAL REGULATORY COMMISSION
[Docket No. MC2011-5; Order No. 583]
Postal Classification Changes
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is noticing a recently-filed Postal Service
request announcing a classification change affecting bundle and
container charges for Outside County Periodicals pieces in combined
mailings of Standard Mail and Periodicals. This notice addresses
procedural steps associated with this filing.
DATES: Comment deadline: November 24, 2010.
ADDRESSES: Submit comments electronically via the Commission's Filing
Online system at http://www.prc.gov. Commenters who cannot submit their
views electronically should contact the person identified in the FOR
FURTHER INFORMATION CONTACT section by telephone for advice on
alternatives to electronic filing.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
202-789-6820 or [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Additional Details
III. Commission Analysis and Initial Action
IV. Ordering Paragraphs
I. Introduction
On November 5, 2010, the United States Postal Service, invoking
Commission rules 3020.90 and 91, filed a Notice with the Commission
announcing a classification change
[[Page 70755]]
established by the Governors.\1\ The change affects bundle and
container charges for Outside County Periodicals pieces in combined
mailings of Standard Mail and Periodicals. Id. at 1. An attachment to
the Notice presents conforming revisions to the Mail Classification
Schedule (MCS). These revisions affect Periodicals MCS section 1320.4,
Price Categories. They do not affect any Standard Mail sections in the
MCS, nor do they affect any Within County MCS sections. The Notice does
not provide a date certain for the planned change.
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\1\ Notice of the United States Postal Service of Classification
Change Related to Combined Mailings of Standard Mail and
Periodicals, November 5, 2010 (Notice).
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II. Additional Details
Relationship to co-mailing and co-palletizing. The Postal Service
notes that the planned change means that when bundles or containers
include both Standard Mail and Periodicals pieces, the Outside County
Periodicals bundle and container prices apply based on the proportion
of Periodicals pieces in bundles or weight in the container. Id. It
explains:
Specifically, mailers using the Mixed Class preparation option
may combine Standard Mail and Periodicals mailpieces within the same
bundle (comail), or combine separate same-class bundles on the same
pallet (copalletize), to maximize presorting or to qualify for
deeper destination entry discounts.
Id.
The Postal Service asserts, without elaboration, that the changes
provide ``a fair price application for Mixed Class mailings of Standard
Mail and Periodicals.'' Id. In a similar vein, it also asserts that it
believes the changes are consistent with 39 U.S.C. 3642 and should be
incorporated by the Commission into the MCS. Id.
III. Commission Analysis and Initial Action
Rules 3020.90 and 91, which the Postal Service cites as the
administrative vehicle for its filing, are part of Subpart E of Part
3020--Product Lists. This subpart is captioned ``Requests Initiated by
the Postal Service to Change the Mail Classification Schedule.'' The
first two individual rules within this subpart address Postal Service
responsibilities. They require that the Postal Service assure that
product descriptions in the MCS accurately reflect current offerings
(Sec. 3020.90) and submit corrections that do not constitute a
proposal to modify the product lists by filing a notice of the proposed
change no later than 15 days prior to effective date (Sec. 3020.91).
The remaining two rules address Commission responsibilities. They
require the Commission to publish the proposed change on its Web site
and provide interested persons with an opportunity to comment on the
consistency of the planned change with 39 U.S.C. 3642 (Sec. 3020.92).
They also require the Commission to review the change and comments and,
upon a finding that there is no inconsistency with 39 U.S.C. 3642, to
change the MCS to coincide with the effective date of the change (Sec.
3020.93(a)).
The rules in Subpart E were adopted as part of a series of
rulemakings implementing the Postal Accountability and Enhancement Act
(PAEA) of 2006. At the time, the Commission viewed Subpart E as a
vehicle for minor classification changes. The Postal Service's Notice
indicates that it considers Subpart E as an appropriate vehicle for
effecting the modification proposed here, which it characterizes as a
matter of rate application for practices associated with co-mailing and
co-palletizing in mixed class mailings.
The Commission interprets the Postal Service's presentation of
proposed MCS revisions and its assertion regarding consistency with 39
U.S.C. 3642, which addresses changes to the product lists, as a
demonstration of its interest in facial compliance with Subpart E
requirements and the apparent lack of other viable alternatives under
the existing administrative framework.
With the perspective gained over the past few years, it appears
that Subpart E may not be optimally suited for the type of change the
Postal Service proposes here. This is because the proposal may have
rate and price cap implications, raising questions about how the
Commission's compliance function will be affected. At the same time, it
is also appears that no practical alternative exists for expedited
consideration of the proposal, and that compliance concerns can be
addressed, at least preliminarily, in the context of this case.
The Commission therefore establishes Docket No. MC2011-5,
Modification of Mail Classification Schedule Regarding Combined
Mailings of Standard Mail and Periodicals, to address the Postal
Service's filing. In conformance with rule 3020.92, the planned change
appears on the Commission's Web site. In addition, the Notice will be
published in the Federal Register. The Commission invites interested
persons to comment on the consistency of the change with 39 U.S.C. 3622
and 3642. Comments are due no later than November 24, 2010.
In conformance with 39 U.S.C. 505, the Commission appoints Robert
N. Sidman to represent the interests of the general public in this
proceeding.
IV. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket No. MC2011-5, Modification of
Mail Classification Schedule Regarding Combined Mailings of Standard
Mail and Periodicals, for consideration of matters raised in the Postal
Service's Notice.
2. Pursuant to 39 U.S.C. 505, Robert N. Sidman is designated
officer of the Commission (Public Representative) to represent the
interests of the general public in this proceeding.
3. Comments are due no later than November 24, 2010.
4. The Secretary shall arrange for publication of this notice and
order in the Federal Register.
By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2010-29083 Filed 11-17-10; 8:45 am]
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