[Federal Register Volume 71, Number 15 (Tuesday, January 24, 2006)]
[Notices]
[Pages 3894-3895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-609]


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POSTAL RATE COMMISSION

[Docket No. MC2006-2; Order No. 1452]


Repositionable Notes Minor Classification Changes

AGENCY: Postal Rate Commission.

ACTION: Notice and order.

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SUMMARY: This document establishes a formal docket to consider 
extending the one-year Repositionable Notes market test beyond its 
scheduled expiration in early April 2006. The Service seeks the 
extension because it had planned to file a new request involving a 
modified Repositionable Notes service prior to the expiration of the 
current test, but would like to complete a review of a recently-filed 
academic research paper before doing so. Extending the current test 
would allow this review to take place and for the anticipated new 
request to be adjusted, if warranted, without the disruption associated 
with expiration of the current test.

DATES: See Supplementary Information for dates.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, general counsel, 
at 202-789-6818.

SUPPLEMENTARY INFORMATION:

Regulatory History

    Docket No. MC2004-5, 68 FR 45353 (July 29, 2004).

I. Background

    Notice is hereby given that on January 12, 2006, the Postal Service 
filed a request with the Postal Rate Commission pursuant to section 
3623 of the Postal Reorganization Act, 39 U.S.C. 101 et seq., for a 
recommended decision on its request for an extension of the current 
provisional Repositionable Notes (RPN) service.\1\ The Postal Service 
denominates this request a minor classification change and seeks to 
have it considered under the Commission's

[[Page 3895]]

rules for expedited minor classification cases (39 CFR 3001.69).
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    \1\ Request of the United States Postal Service for a 
Recommended Decision on Change of Expiration Date for Provisional 
Repositionable Notes Classifications and Rates, filed January 12, 
2006.
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    The Postal Service's extension request indicates that it had been 
finalizing a request for further testing of a modified RPN service that 
would address the suggestions made by the Commission in its Opinion in 
Docket No. MC2004-5. The request observes that on January 6, 2006, the 
Postal Service received a copy of the Commission-sponsored white paper 
addressing various issues raised by the RPN service from an academic 
perspective. The request states that the Postal Service decided to 
delay finalizing its request for a modified RPN service in order to 
incorporate consideration of the white paper. The Postal Service 
explains its decision to incorporate consideration of the white paper 
in its request makes it impossible to process a request for testing of 
a modified RPN service prior to the scheduled expiration of the 
provisional RPN service on April 3, 2006. The Postal Service asks the 
Commission to approve an extension of that service in order to avoid 
disruption to customers that would be caused by termination of the 
provisional RPN service on April 3, 2006, pending consideration of the 
next phase of the service.
    The Postal Services proposes that the status quo continue until a 
replacement provisional or permanent service is implemented, or, if no 
such service is implemented, three months after the Commission takes 
action on a Postal Service request to implement such a service. If the 
Postal Service does not file such a request, the proposal is that the 
provisional service expire on April 3, 2007. See page 2 and Attachment 
A of the Request. The request includes attachments and is supported by 
the testimony of witness Kirk Kaneer. It also includes a conditional 
motion for waiver of rule 64 of our rules of practice, if material 
incorporated from Docket No. R2005-1 is not considered adequate to 
satisfy that rule. The request is on file in the Commission's docket 
room for inspection during regular business hours and is available on 
the Commission's Web site at http://www.prc.gov.

II. Settlement

    Proposed settlement procedures. The Postal Service requests that 
the Commission establish settlement procedures in this proceeding. It 
argues that settlement of issues surrounding its request is 
appropriate, since the purpose of the extension of the status quo is to 
allow a modified RPN service to reflect the white paper and the public 
dialogue that the white paper is intended to foster to be considered in 
designing the modified service.
    The Commission will appoint Postal Service counsel to serve as 
settlement coordinator in this proceeding. In this capacity, counsel 
for the Postal Service shall report on the status of settlement 
discussions at the prehearing conference. The Commission will make its 
hearing room available for settlement conferences at such times deemed 
necessary by the settlement coordinator. If someone intervenes after a 
settlement conference is held, the settlement coordinator could brief 
such person on the substance of the conference.

III. Expedition

    Further procedures. Rule 69b affords all interested parties 26 days 
after filing of the Postal Service's request (February 7, 2006) to 
intervene and respond to the Postal Service's proposal to have this 
request considered under the expedited procedures of rule 69. On 
February 8, 2006, the Commission will determine if expedited rule 69 
procedures are appropriate. If the Commission determines that they are, 
intervenors will have until February 23, 2006, to state with 
specificity those issues of material fact, if any, that they contend 
require a hearing, the period that rule 69b(h) allows. They may make 
their statement in writing, or orally at the prehearing conference, 
provisionally scheduled for February 23. If the Commission determines 
that hearings are warranted, they will commence on March 1, 2006, the 
period that rule 69b(i) allows. If no hearing is necessary, a 
recommended decision will be issued promptly.

IV. Public Participation

    Public participation. In conformance with section 3624(a) of title 
39, the Commission designates Shelley S. Dreifuss, director of the 
Commission's Office of the Consumer Advocate (OCA), to represent the 
interests of the general public in this proceeding. Pursuant to this 
designation, Ms. Dreifuss will direct the activities of Commission 
personnel assigned to assist her and, upon request, will supply their 
names for the record. Neither Ms. Dreifuss nor any of the assigned 
personnel will participate in or provide advice on any Commission 
decision in this proceeding.

V. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. MC2006-2 to consider the 
Postal Service Request referred to in the body of this order.
    2. The Commission will act en banc in this proceeding.
    3. Notices of intervention shall be filed no later than February 7, 
2006.
    4. Shelley S. Dreifuss, director of the Commission's Office of the 
Consumer Advocate, is designated to represent the interests of the 
general public.
    5. Answers to the Postal Service's Conditional Motion for Waiver of 
the portions of rule 64 are due on February 7, 2006.
    6. Postal Service counsel is appointed to serve as settlement 
coordinator in this proceeding. The Commission will make its hearing 
room available for settlement conferences at such times deemed 
necessary by the settlement coordinator.
    7. A prehearing conference is provisionally scheduled for February 
23, 2006, at 11 a.m. in the Commission's hearing room.
    8. Participants who wish to request a hearing on the Postal 
Service's request in this docket to extend its market test shall submit 
such a request, together with statements in conformance with 39 CFR 
3001.69b(h) on or before February 23, 2006.
    9. The Secretary shall cause this notice and order to be published 
in the Federal Register.

     By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. 06-609 Filed 1-23-06; 8:45 am]
BILLING CODE 7710-FW-P