[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Rules and Regulations]
[Page 32317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14275]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3020

[Docket No. RM2019-3; Order No. 5140]


Mail Classification Schedule

AGENCY: Postal Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Commission adopts final rules that require the Postal 
Service to provide additional information when it proposes updates to 
the size and weight limitations applicable to market dominant mail 
matter.

DATES: Effective: August 7, 2019.

ADDRESSES: For additional information, Order No. 5140 can be accessed 
electronically through the Commission's website at https://www.prc.gov.

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 
202-789-6820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Basis and Purpose of the Final Rule

I. Background

    On May 8, 2019, the Commission proposed changes to 39 CFR 
3020.111(a) to include the requirement that the Postal Service describe 
how a proposed update to a size or weight limitation would impact 
competitors and users of the product(s). The Commission also proposed a 
requirement that the Postal Service explain how a size and weight 
limitation change is in accordance with the policies and applicable 
criteria of chapter 36 of title 39 of the United States Code. After 
consideration of the comments submitted, the Commission adopts final 
rules.

II. Basis and Purpose of the Final Rule

    The Commission initiated this proceeding to evaluate whether 
changes to Mail Classification Schedule provisions that, in effect, add 
products to, remove products from, or transfer products between product 
lists are changes that implicate the requirements of 39 U.S.C. 3642. 
The Commission sought 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.
    After consideration of the comments submitted, the Commission finds 
that the amendments to 39 CFR 3020.111(a) strike the appropriate 
balance between requiring additional information to adequately assess 
the potential effects of a size and weight limitation change, without 
being unduly burdensome to the Postal Service. Moreover, the Commission 
finds that the proposed amendments are sufficient for the Commission to 
analyze whether a proposed size and weight limitation change would 
involve unreasonable price increases, unreasonable discrimination, or 
any other material harm to users and competitors. Although both the 
Greeting Card Association and the Association for Postal Commerce 
expressed concern regarding the scope of the rules and possible impacts 
on volume, both commenters noted that the Commission could address 
those concerns via proposed sections 3020.111(a)(2) and (3). 
Accordingly, the Commission adopts the revisions to 39 CFR 3020.111(a).

Final Rules

    The Commission amends the rules for updating size and weight 
limitations in 39 CFR part 3020.

List of Subjects for 39 CFR Part 3020

    Administrative practice and procedure, Postal Service.

    For the reasons stated in the preamble, the Commission amends 
chapter III of title 39 of the Code of Federal Regulations as follows:

PART 3020--PRODUCT LISTS

0
1. The authority citation for part 3020 continues to read as follows:

    Authority: 39 U.S.C. 503, 3622, 3631, 3642, 3682.


0
2. Amend Sec.  3020.111, by revising paragraph (a) to read as follows:


Sec.  3020.111   Limitations applicable to market dominant mail matter.

    (a) The Postal Service shall inform the Commission of updates to 
size and weight limitations for market dominant mail matter by filing 
notice with the Commission 45 days prior to the effective date of the 
proposed update. The notice shall:
    (1) Include a copy of the applicable sections of the Mail 
Classification Schedule and the proposed updates therein in legislative 
format;
    (2) Describe the likely impact that the proposed update will have 
on users of the product(s) and on competitors; and
    (3) Describe how the proposed update is in accordance with the 
policies and the applicable criteria of chapter 36 of title 39 of the 
United States Code.
* * * * *

    By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2019-14275 Filed 7-5-19; 8:45 am]
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