[Federal Register Volume 78, Number 219 (Wednesday, November 13, 2013)]
[Rules and Regulations]
[Pages 67951-67952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27159]


=======================================================================
-----------------------------------------------------------------------

POSTAL REGULATORY COMMISSION

39 CFR Part 3010

[Docket No. RM2013-2; Order No. 1786]


Price Cap Rules for Certain Postal Rate Adjustments; Corrections

AGENCY: Postal Regulatory Commission.

ACTION: Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: The Postal Regulatory Commission published a document in the 
Federal Register on August 26, 2013 (78 FR 52694), revising Commission 
rules. Due to a clerical error, the document submitted to the Federal 
Register was inconsistent with the rules adopted in Commission Order 
No. 1786. This document corrects the final regulations published in the 
Federal Register to be consistent with the rules adopted in Order No. 
1786.

DATES: Effective: November 13, 2013, and is applicable beginning 
September 25, 2013.

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

SUPPLEMENTARY INFORMATION: In a notice posted November 6, 2013, on 
PRC's Web site, the Commission identified discrepancies between the 
text of several sections of rules adopted in Order No. 1786, issued on 
July 23, 2013, and the text of those sections of the rules as published 
in the Federal Register. This document transmits the corrections to the 
Federal Register, and has been drafted in conformance with Office of 
the Federal Register (OFR) requirements for substantive corrections to 
rules that have already taken effect. The corrections are applicable as 
of September 25, 2013, which coincides with the date the underlying 
final rules took effect.
    Section 3010.11. One correction changes the word ``limitations'' to 
the singular form in three places in Sec.  3010.11 (paragraphs (b)(2), 
(d), and (k)) and aligns the presentation of section symbols in 
paragraphs (d) and (k) with OFR codification practice.
    Section 3010.23(d). The Federal Register version omits a qualifying 
phrase at the outset of the third sentence in Sec.  3010.23(d). It also 
refers to historic volume data. The correction revises the rule to 
include the qualifying phrase ``Whenever possible,'' at the outset of 
the sentence and replaces historic with historical. These corrections 
are consistent with Order No. 1786 as issued.
    Section 3010.28. The Federal Register version omits a reference to 
Type 1-B in the heading of Sec.  3010.28 in both the table of contents 
for subpart C and in the presentation of this section in the main body 
of the regulations. The instruction corrects these omissions by 
revising the section heading where it appears in the main body. The OFR 
automatically generates a corresponding change in the table of contents 
based on this instruction.
    Section 3010.42(f). Section 3010.42(f) is revised to reflect the 
inadvertent omission of the introductory text of a third paragraph in 
Order No. 1786 as issued and the impact this had on the presentation of 
the second sentence. The omission resulted in the second sentence in 
the rule as published including text associated with the omitted third 
sentence. To remedy this, the correcting instruction replaces the colon 
in the second sentence of Sec.  3010.42(f) as it appeared in the 
Federal Register version with a period, consistent with the 
presentation of this sentence as adopted in Order No. 1786. This change 
in punctuation results in the deletion of all the text following the 
colon in the Federal Register version, so the instruction adds the 
third sentence as presented in Order No. 1786 as adopted, which 
includes introductory text and the subparagraphs that were erroneously 
associated with the second sentence in the Federal Register version. 
The text of those subparagraphs remains unchanged, but the designations 
for Sec.  3010.42(f)(5)(A) and (B) in Order No. 1786 as adopted should 
have been to Sec.  3010.42(f)(5)(i) and (ii),

[[Page 67952]]

respectively, to conform to mandatory OFR codification requirements.
    Following publication in the Federal Register, these corrections 
will be reflected in the daily electronic Code of Federal Regulations.

List of Subjects in 39 CFR Part 3010

    Administrative practice and procedure; Postal Service.

    Accordingly, 39 CFR part 3010 is corrected by making the following 
correcting amendments:

PART 3010--REGULATION OF RATES FOR MARKET DOMINANT PRODUCTS

0
1. The authority citation for part 3010 continues to read as follows:

    Authority:  39 U.S.C. 503; 3622.


0
2. In Sec.  3010.11, revise paragraphs (b)(2), (d), and (k) to read as 
follows:


Sec.  3010.11  Proceedings for Type 1-A and Type 1-B rate adjustment 
filings.

* * * * *
    (b) * * *
    (2) Whether the planned rate adjustments measured using the formula 
established in Sec.  3010.23(c) are at or below the limitation 
established in Sec.  3010.28.
* * * * *
    (d) Within 14 days of the conclusion of the public comment period 
the Commission will determine, at a minimum, whether the planned rate 
adjustments are consistent with the annual limitation calculated under 
Sec. Sec.  3010.21 or 3010.22, as applicable, the limitation set forth 
in Sec.  3010.28, and 39 U.S.C. 3626, 3627, and 3629 and issue an order 
announcing its findings.
* * * * *
    (k) A Commission finding that a planned Type 1-A or Type 1-B rate 
adjustment is in compliance with the annual limitation calculated under 
Sec. Sec.  3010.21 or 3010.22, as applicable; the limitation set forth 
in Sec.  3010.28; and 39 U.S.C. 3626, 3627, and 3629 is decided on the 
merits. A Commission finding that a planned Type 1-A or Type 1-B rate 
adjustment does not contravene other policies of 39 U.S.C. chapter 36, 
subchapter I is provisional and subject to subsequent review.

0
3. In Sec.  3010.23, revise the third sentence of paragraph (d) to read 
as follows:


Sec.  3010.23  Calculation of percentage change in rates.

* * * * *
    (d) * * * Whenever possible, adjustments shall be based on known 
mail characteristics or historical volume data, as opposed to forecasts 
of mailer behavior. * * *

0
4. In Sec.  3010.28, revise the section heading to read as follows:


Sec.  3010.28  Maximum size of Type 1-B rate adjustments.

* * * * *

0
5. In Sec.  3010.42, revise paragraph (f) to read as follows:


Sec.  3010.42  Contents of notice of agreement in support of a Type 2 
rate adjustment.

* * * * *
    (f) Details regarding the expected improvements in the net 
financial position or operations of the Postal Service. The projection 
of change in net financial position as a result of the agreement shall 
be based on accepted analytical principles. The projection of change in 
net financial position as a result of the agreement shall include for 
each year of the agreement:
    (1) The estimated mailer-specific costs, volumes, and revenues of 
the Postal Service absent the implementation of the negotiated service 
agreement;
    (2) The estimated mailer-specific costs, volumes, and revenues of 
the Postal Service which result from implementation of the negotiated 
service agreement;
    (3) An analysis of the effects of the negotiated service agreement 
on the contribution to institutional costs from mailers not party to 
the agreement;
    (4) If mailer-specific costs are not available, the source and 
derivation of the costs that are used shall be provided, together with 
a discussion of the currency and reliability of those costs and their 
suitability as a proxy for the mailer-specific costs; and
    (5) If the Postal Service believes the Commission's accepted 
analytical principles are not the most accurate and reliable 
methodology available:
    (i) An explanation of the basis for that belief; and
    (ii) A projection of the change in net financial position resulting 
from the agreement made using the Postal Service's alternative 
methodology.
* * * * *

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2013-27159 Filed 11-8-13; 11:15 am]
BILLING CODE P