[Federal Register Volume 71, Number 135 (Friday, July 14, 2006)]
[Notices]
[Pages 40172-40174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11141]


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POSTAL RATE COMMISSION

[Docket No. MC2006-5; Order No. 1470]


Periodicals Nominal Rate Minor Classification Change

AGENCY: Postal Rate Commission.

ACTION: Notice and order.

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SUMMARY: This order announces a mail classification docket to consider 
a proposal to amend the definition of ``nominal rate'' subscription for 
publications in the Periodicals class. Estabishing this docket will 
allow interested persons to participate in the Commission's 
consideration of the proposed change, which liberalizes the current 
definition. It will also allow them to comment on the appropriateness 
of treating the case on an expedited basis. The order identifies 
preliminary procedural steps, including appointment of the Postal 
Service as settlement coordinator.

DATES: 1. Deadline for filing library reference containing 
documentation of definition change adopted by national audit bureaus: 
July 25, 2006; 2. Deadline for filing notices of intervention and 
participants' statements concerning compliance with filing requirements 
and conditional motion for waiver: August 1, 2006; 3. Deadline for 
filing status report on settlement negotiations: August 4, 2006.

ADDRESSES: File all documents referred to in this order electronically 
via the Commission's Filing Online system at http://www.prc.gov.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, 202-789-6820.

SUPPLEMENTARY INFORMATION:

I. Introduction

    Notice is hereby given that on July 6, 2006, the Postal Service 
filed a request with the Postal Rate Commission for a recommended 
decision on a proposal to amend the definition of a ``nominal rate'' 
subscription for publications in the Periodicals class.\1\ The Service 
filed its Request pursuant to section 3623 of the Postal Reorganization 
Act, 39 U.S.C. 101 et seq. It has denominated its proposal as a minor 
mail classification change and has requested expedited

[[Page 40173]]

consideration under Commission rules governing such requests.\2\
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    \1\ Request of the United States Postal Service for a 
Recommended Decision on Change of Definition of Nominal Rate for 
Periodicals Subscriptions, July 6, 2006 (Request). The Request 
includes three attachments. Attachment A to the Request sets out the 
proposed change to the text of the Domestic Mail Classification 
Schedule. Attachment B is an index of testimony. Attachment C 
contains the Service's Compliance Statement addressing the filing 
requirements of rules 64 and 69a, or noting a request for waiver of 
certain filing requirements.
    \2\ 39 CFR 3001.69a.
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    The Request was accompanied by witness Yeh's supporting testimony 
\3\ and several contemporaneous filings. The latter are identified as 
Notice of Filing of Request of the United States Postal Service for a 
Recommended Decision on Change of Definition of Nominal Rate for 
Periodicals Subscriptions (Notice); Statement of the United States 
Postal Service Concerning Compliance with Filing Requirements and 
Conditional Motion for Waiver (Combined Pleading); and United States 
Postal Service Request for Establishment of Settlement Procedures 
(Settlement Request).\4\
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    \3\ Direct Testimony of Nina Yeh on Behalf of United States 
Postal Service, July 6, 2006 (USPS-T-1).
    \4\ All filed July 6, 2006.
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II. Proposal

    The Service, through witness Yeh, proposes revising the definition 
of a nominal rate subscription to allow a reduction of up to 70 percent 
of the basic annual subscription rate for a copy of a Periodicals 
publication to qualify as part of paid circulation. The current 
reduction is 50 percent. The proposal affects only the definition of a 
nominal rate subscription; it does not alter a requirement (in DMCS 
412.31) that more than 50 percent of the copies of a publication be 
circulated to persons who have paid more than a nominal rate. USPS-T-1 
at 1-2.
    Witness Yeh identifies the applicable DMCS provisions (DMCS 
412.33b) and describes the rationale for the change. The latter 
includes, among other points, Yeh's assertion that the change would 
allow publishers to take advantage of the elimination of a similar 
nominal rate definition in the bylaws and rules of national audit 
bureaus and to offset loss of subscriptions from recent sweepstakes 
legislation. Yeh also reviews classification criteria and issues, 
addresses the consistency of the proposal with the Commission's 
criteria for an expedited minor classification change, and asserts that 
the Service foresees no measurable financial impact from adoption of 
the proposal. Id. at 5.

III. Grounds for Characterizing the Requested Change as Minor

    The Request asserts that the proposed change conforms with the 
criteria for consideration of expedited minor mail classification 
changes, noting that it does not involve a change in any existing rate 
or fee; does not impose any additional eligibility restrictions; and 
will not significantly change the estimated cost contribution of the 
affected subclasses. Request at 2. See also USPS-T-1 at 4-5.

IV. Authorization of Settlement Proceedings

    The Postal Service asks that the Commission establish settlement 
procedures in this case. In support of this request, the Service 
asserts that it does not believe the proposed change will be 
controversial, as it is intended to meet the interests of the Postal 
Service and its Periodicals customers. It notes that the proposal would 
relax an eligibility requirement, and is not expected to harm any 
mailers. Request at 1-2; Settlement Request at 1.
    Given the limited nature of the proposal, the Commission authorizes 
settlement proceedings in this case and appoints Postal Service counsel 
to serve as settlement coordinator. This authorization is without 
prejudice to the right of a participant to request a hearing under rule 
69b(h) and the Commission's right to determine that a hearing shall be 
held. The Commission directs the Postal Service to file a written 
status report on settlement negotiations by 12 noon, August 4, 2006.

V. Compliance With (and Conditional Request for Waiver of) Filing 
Requirements

    In the Combined Pleading, the Postal Service notes that its 
Compliance Statement (Request, Attachment C) identifies information 
contained in witness Yeh's testimony and supporting documentation 
intended to satisfy the filing requirements of pertinent provisions of 
Commission rules 64 and 69a. Combined Pleading at 1. In particular, it 
notes that it has supplemented materials developed specifically for 
this filing by incorporating documentation it submitted in connection 
with Docket No. R2006-1, the recently-filed omnibus rate proceeding. It 
asserts that it believes that most of the specific requirements 
pertaining to classes of mail and special services are met by 
incorporating the materials from that case. Id. The Service further 
contends that in assessing compliance, substantial weight should be 
given to the extremely limited nature of the proposed classification 
change and the tiny magnitude of its impact on costs, volumes and 
revenues in total and for particular mail categories and services. Id. 
at 2. It notes that in the event that total cost-revenue relationships 
might be affected by the changed definition, any changes to those 
relationships are likely to be so minor as not to warrant amendment of 
the rate case testimony beyond the additional information provided in 
this docket. Id.
    In the event the Commission concludes that the materials from other 
dockets or filed in the instant docket fail to satisfy the filing 
requirements of rules 64(b)(1)-(4); 64(c)(1)-(3); 64(d); 64(h) and 
69a(a), the Service requests that those requirements be waived in full 
or in part. It also requests that the Commission confirm that the 
PostaI Service has complied with the filing requirements. Id. at 2-3.

VI. Intervention; Commission Determination on Application of Expedited 
Procedures

    Rule 69b affords interested parties 26 days after the filing of the 
Service's Request to intervene and respond to the Postal Service's 
proposal to have this request considered under rule 69's expedited 
procedures. The Service's Notice accurately notes that this equates to 
a deadline of August 1, 2006 for filing notices of intervention. A 
companion provision (in rule 69b(f)) provides that within 28 days after 
publication of this notice, the Commission shall decide whether the 
Request will be considered under rule 69 through 69c, and issue a 
notice incorporating that ruling. That requirement equates to an August 
7, 2006 issuance date for the Commission's determination and ruling.

VII. 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, 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.

VIII. Request for Supplementation of the Record

    Given the Service's interest in expedition and the likelihood that 
settlement negotiations may limit or preclude discovery, the Commission 
requests that the Service supplement the record by filing a library 
reference containing documentation related to the definition change 
referred to at USPS-T-1 at 2-3. This library reference should be filed 
no later than July 25, 2006.

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Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. MC2006-5, Periodicals 
Nominal Rate Minor Classification Change, to consider the Postal 
Service Request referred to in the body of this notice and order.
    2. The Commission will sit en banc in this proceeding.
    3. Notices of intervention shall be filed no later than August 1, 
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. Participants' statements addressing the Statement of the United 
States Postal Service Concerning Compliance with Filing Requirements 
and Conditional Motion for Waiver, July 6, 2006, are due August 1, 
2006.
    6. The Commission authorizes settlement proceedings in this 
proceeding, subject to a subsequent determination that a participant 
has lodged a meritorious request for a hearing. 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. The Postal Service is directed to file a written status report 
on settlement negotiations by 12 noon, August 4, 2006.
    8. The Service is requested to file, in the form of a library 
reference, documentation relating to the related definition change 
adopted by national audit bureaus referred to in witness Yeh's 
testimony by July 25, 2006.
    9. The Secretary shall arrange for publication of the Notice and 
Order in the Federal Register.

    By the Commission.
Garry J. Sikora,
Acting Secretary.
[FR Doc. E6-11141 Filed 7-13-06; 8:45 am]
BILLING CODE 7710-FW-P