[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Proposed Rules]
[Page 13752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04473]


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POSTAL REGULATORY COMMISSION

39 CFR Parts 3010, 3035, 3040

[Docket No. RM2023-5; Order No. 6446]
RIN 3211-AA34


Competitive Postal Products

AGENCY: Postal Regulatory Commission.

ACTION: Advanced notice of proposed rulemaking.

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SUMMARY: The Commission initiates this advanced notice of proposed 
rulemaking to consider codifying regulations pertaining to the addition 
of Competitive negotiated service agreements to the Competitive product 
list. The Commission invites public comment.

DATES: Comments are due: March 31, 2023. Reply comments are due: April 
10, 2023.

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: The current procedures and standards for 
adding Negotiated Service Agreements (NSAs) to the Competitive product 
list have been addressed substantially through separate orders issued 
by the Commission in various dockets since 2008. Streamlining and 
codifying the rules pertaining to Competitive NSAs will provide 
increased clarity concerning filing requirements and the review 
process. Codifying such procedures and standards also provides an 
opportunity to make improvements to the practices and precedents that 
have developed, while maintaining the opportunities for pricing 
flexibility that NSAs afford the Postal Service. Thus, the Commission 
seeks comments to facilitate the development of such rules.
    The Commission has developed a conceptual framework (Framework) 
that could outline enhancements to its regime for adding NSAs to the 
Competitive product list. The core feature of the Framework is the 
creation of a three-track system to review NSAs proposed to be added to 
the Competitive product list. A proposed NSA would be filed in one of 
three tracks, and each track would have distinct filing and review 
procedures providing different levels of scrutiny and streamlined 
review. The tracks would consist of a Standard NSA track, a Custom NSA 
track, and a non-published rates (NPR) NSA track. The intent is to 
preserve the Postal Service's existing contracting flexibility in the 
Custom NSA track, while providing for streamlined pre-implementation 
review for contracts that satisfy the eligibility requirements of the 
NPR NSA track or the Standard NSA track.
    The Framework provides new filing and review procedures for the 
Standard NSA track. These procedures would include pre-approving 
financial models to streamline review of individual NSAs that reflect 
only existing Postal Service offerings. By contrast, filing and review 
procedures for NPR NSAs would generally follow current practices. 
Filing and review procedures under the Custom NSA track would resemble 
current, generally applicable filing and review practices for non-NPR 
NSAs.

    By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2023-04473 Filed 3-3-23; 8:45 am]
BILLING CODE 7710-FW-P