[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Notices]
[Pages 69400-69401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27287]


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POSTAL REGULATORY COMMISSION

[Docket No. MC2015-8; Order No. 5351]


Market Dominant Products

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recent Postal Service filing 
requesting the removal of Return Receipt for Merchandise Service from 
the Market Dominant product list. This notice informs the public of the 
filing, invites public comment, and takes other administrative steps.

DATES: Comments are due: January 9, 2020.

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:

Table of Contents

I. Background
II. Notice of Commission Action
III. Ordering Paragraphs

    On December 10, 2019, the Postal Service filed a renewed request to 
remove Return Receipt for Merchandise (RRM) service from the Mail 
Classification Schedule (MCS).\1\ For the reasons discussed below, the 
Commission reopens the docket to consider matters concerning this 
request.
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    \1\ Renewed Request of the United States Postal Service to 
Remove Return Receipt for Merchandise and Motion to Reopen Docket, 
December 10, 2019 (Renewed Request).
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I. Background

    The Postal Service filed its original request to remove the RRM 
service from the MCS on November 17, 2014.\2\ The Commission approved 
the request but found that the removal was subject to adjustments to 
the unused rate adjustment authority for the Special Services class.\3\ 
Subsequently, the Postal Service provided notice that it elected to 
indefinitely defer the removal.\4\ After a series of appeals, the D.C. 
Circuit issued its opinion on April 6, 2018, vacating the Commission's 
previous orders on the removal of the RRM service.\5\
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    \2\ Request of the United States Postal Service to Remove Return 
Receipt for Merchandise Service from the Mail Classification 
Schedule, November 17, 2014.
    \3\ Order Conditionally Approving Removal of Return Receipt for 
Merchandise Service from Mail Classification Schedule, January 15, 
2015 (Order No. 2322).
    \4\ Response of the United States Postal Service to Order No. 
2322, January 28, 2015.
    \5\ See United States Postal Serv. v. Postal Reg. Comm'n, No. 
16-14 (D.C. Cir. Apr. 6, 2018) (RRM Opinion).
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    On August 29, 2019, the Commission closed Docket Nos. MC2015-8 and 
MC2015-8R because it had been more than one year since the RRM Opinion 
and the Postal Service had not indicated a renewed intent to 
discontinue the RRM service.\6\ The Commission directed the Postal 
Service to file a request in a new docket if it decided to discontinue 
RRM service in the future. Order No. 5214 at 3. The Commission also 
held that it would evaluate any future requests to remove a product 
from the MCS in light of the RRM Opinion. Id.
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    \6\ Order Closing Dockets, August 29, 2019, at 3 (Order No. 
5214).
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    In its renewed request, the Postal Service asks the Commission to 
reopen this docket because it contains the record on which the Postal 
Service relies in renewing its request.\7\ Moreover, the Postal Service 
seeks expedited review of this request. Id. The Postal Service states 
that the Commission has already held that the removal of the RRM 
service comports with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., and 
therefore, no new Section 3642 analysis is necessary. Id. In

[[Page 69401]]

addition, the Postal Service asserts that there have been no material 
changes concerning RRM service since 2015 that require revisiting the 
Commission's findings in Order No. 2322 on removal. Id. at 3. Thus, the 
Postal Service requests that the Commission reinstate its original 
finding that the removal of RRM service comports with 39 U.S.C. 3642 
and 39 CFR 3020.30 et seq. Id. The Postal Service attached proposed 
changes to the MCS should the Commission approve the request. See 
Renewed Request, Attachment A.
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    \7\ Renewed Request at 1 (citing Order No. 2322).
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II. Notice of Commission Action

    Although the Commission directed the Postal Service to file a 
request to discontinue RRM service in a new docket, the Commission 
finds that the Postal Service has set forth good cause to reopen this 
docket. In support of its Renewed Request, the Postal Service relies on 
the information previously provided, and approved by the Commission, in 
its original request for removal of the RRM service. Accordingly, the 
Postal Service's motion to reopen the docket is granted.
    The Postal Service requests expedited review, but does so without 
suggesting a time period for comments or Commission decision. Nor does 
the Postal Service discuss why expedition is necessary, especially in 
light of the time that has passed since its original request and Order 
No. 5214.
    More than five years has passed since the original request for 
removal and the Commission has since stated that it would evaluate 
future requests in light of the RRM Opinion. The Commission will 
provide interested persons the opportunity to comment on the renewed 
request for removal of the RRM service.
    Pursuant to 39 CFR 3001.45 and 3020.33, the Commission reopens 
Docket No. MC2015-8 to consider the Postal Service's renewed request to 
remove RRM service. The Commission invites comments from interested 
persons on the Renewed Request. Comments are due no later than January 
9, 2020.
    Pursuant to 39 U.S.C. 505, the Commission appoints R. Tim Boone to 
represent the interests of the general public (Public Representative) 
in this docket.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission grants the Postal Service's motion and reopens 
Docket No. MC2015-8 to consider the Renewed Request.
    2. Comments by interested persons are due by January 9, 2020.
    3. Pursuant to 39 U.S.C. 505, R. Tim Boone is appointed to serve as 
an officer of the Commission (Public Representative) to represent the 
interests of the general public in this proceeding.
    4. The Commission directs the Secretary of the Commission to 
arrange for prompt publication of this notice in the Federal Register.

    By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2019-27287 Filed 12-17-19; 8:45 am]
BILLING CODE 7710-FW-P