[Federal Register Volume 84, Number 23 (Monday, February 4, 2019)]
[Proposed Rules]
[Pages 1420-1421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00665]
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POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket No. RM2019-3; Order No. 4987]
Competitive Postal Products
AGENCY: Postal Regulatory Commission.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The Commission seeks comments on whether to update its
regulations to address proposed classification changes to product
descriptions in the Mail Classification Schedule that may modify the
market and/or competitive products lists. This document informs the
public of the filing, invites public comment, and takes other
administrative steps.
DATES: Comments are due: April 5, 2019.
ADDRESSES: Submit comments electronically via the Commission's Filing
Online system at http://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:
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Table of Contents
I. Introduction
II. Background
III. Request for Comments
IV. Ordering Paragraphs
I. Introduction
The Commission initiates this advanced notice of proposed
rulemaking (ANPR) to seek comments on whether to update its regulations
to address proposed classification changes to product descriptions in
the Mail Classification Schedule (MCS) that may modify the market
dominant and/or competitive product lists. The Commission is
specifically reviewing changes to regulations involving updates to the
size and weight limitations applicable to market dominant mail matter.
See 39 CFR 3020.111.
II. Background
Section 3682 provides that the Postal Service may establish size
and weight limitations for mail matter in the market dominant category
of mail consistent with regulations the Postal Regulatory Commission
may prescribe under section 3622. 39 U.S.C. 3682. Commission rule
3020.111(a) requires the Postal Service to inform the Commission of
updates to size and weight limitations for market dominant mail matter.
39 CFR 3020.111(a). The Commission is required to evaluate any proposed
updates ``in accordance with the policies and the applicable criteria
of chapter 36 of 39 U.S.C.'' 39 CFR 3020.111(c).
In Docket No. MC2019-3, the Postal Service filed a request pursuant
to 39 CFR 3020.111 seeking to change the weight limit to 15.994 ounces
(from 64 ounces) for Outbound Single-Piece First-Class Mail
International (FCMI) Large Envelopes (Flats).\1\ The Postal Service
stated that FCMI Flats weighing 16 ounces or more would be charged the
applicable First-Class Package International Service (FCPIS) price.\2\
FCPIS is an existing product on the competitive product list.
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\1\ Docket No. MC2019-3, Notice of the United States Postal
Service of Update to the Maximum Weight Limit for Outbound Single-
Piece First-Class Mail International Large Envelopes (Flats) in the
Mail Classification Schedule, October 10, 2018.
\2\ International Mailing Services: Product and Price Changes-
CPI, 83 FR 52351 (October 17, 2018). The Postal Services stated
that, if mailed as FCPIS, these mailpieces would be charged from 17
percent to 157 percent more than the prices for FCMI Flats. See
Docket No. MC2019-3, Response of the United States Postal Service to
Commission Information Request No. 1, October 26, 2018, question 2
(Response to CIR No. 1).
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In its Response to CIR No. 1, the Postal Service stated that the
proposed classification change would have no effect on the market
dominant product list because the FCMI product would still appear on
the product list. Response to CIR No. 1, question 1. The Postal Service
explained that only the portions of MCS section 1125 that concern the
weight limitations for FCMI Flats would be revised, pursuant to 39
U.S.C. 3682. Id. The Postal Service also asserted that neither section
3682 nor the Commission rules on updates to size and weight limitations
refer to 39 U.S.C. 3642 or 39 CFR part 3020 subpart B governing
modifications to the product lists. Id.
Because the proposed update was in accordance with the policies and
applicable criteria of chapter 36 of title 39, the Commission approved
the update to the weight limitation in Order No. 4932.\3\ However, in
that order, the Commission stated ``that the practical impact of the
proposed update is a transfer of FCMI Flats weighing over 15.994 ounces
from the market dominant product list to the competitive product
list.'' Order No. 4932 at 5. The Commission went on to express concerns
``that the Postal Service could use the size and weight limitation
regulations to make extensive changes to product lists without proper
Commission oversight.'' Id. For example, the Public Representative, in
that docket, considered that the Postal Service could effectively
eliminate products from a product list by drastically reducing the
range of a product's weight limitations or could effectively add
products to a product list by greatly expanding the limitations.\4\
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\3\ Docket No. MC2019-3, Order Approving Update to Weight
Limitation, December 19, 2018, at 5 (Order No. 4932).
\4\ Docket No. MC2019-3, Public Representative Comments,
November 13, 2018, at 7.
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III. Request for Comments
The Commission establishes Docket No. RM2019-3 to evaluate whether
changes to MCS provisions that, in effect, add products to, remove
products from, or transfer products between product lists, are changes
that implicate the requirements of section 3642. In particular, the
Commission requests comments from interested parties on whether it
should update its regulations to require information pursuant to
section 3642 when changes to the size and weight limitations appear to
modify the product lists. Comments are due no later than 60 days after
the date of publication of this document in the Federal Register.
Commission rules require that comments be filed online according to the
process outlined at 39 CFR 3001.9(a), unless a waiver is obtained.
Additional information regarding how to submit comments online can be
found at: http://www.prc.gov/how-to-participate. All comments accepted
will be made available on the Commission's website at: http://www.prc.gov.
Pursuant to 39 U.S.C. 505, Kenneth E. Richardson is designated as
an officer of the Commission (Public Representative) to represent the
interests of the general public in this proceeding.
IV. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket No. RM2019-3 to evaluate
whether changes to MCS provisions that add products to, remove products
from, or transfer products between product lists, are changes that
implicate the requirements of 39 U.S.C. 3642.
2. Interested persons may submit comments no later than 60 days
from the date of publication of this document in the Federal Register.
3. Pursuant to 39 U.C.S. 505, the Commission appoints Kenneth E.
Richardson to serve as an officer of the Commission (Public
Representative) to represent the interests of the general public in
this docket.
4. The Secretary shall arrange for publication of this Order in the
Federal Register.
By the Commission.
Stacy L. Ruble,
Secretary.
[FR Doc. 2019-00665 Filed 2-1-19; 8:45 am]
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