[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Proposed Rules]
[Pages 20787-20788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07327]


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POSTAL REGULATORY COMMISSION

39 CFR Parts 3035, 3050, and 3060

[Docket No. PI2023-3; Order No. 6471]
RIN 3211-AA36


Postal Costing

AGENCY: Postal Regulatory Commission.

ACTION: Advanced notice of proposed rulemaking.

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SUMMARY: Due to recent legislation, the Commission is initiating a 
review of regulations that relate to postal cost attribution in order 
to determine whether any revisions to those regulations, or to any 
analytical principles (including any costing methodologies or cost 
models) used in postal cost attribution, are appropriate. The 
Commission takes certain administrative steps and invites public 
comment.

DATES: Comments are due: June 14, 2023; Reply Comments are due: July 
14, 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: 

Table of Contents

I. Background
II. Invitation To Comment
III. Administrative Actions

I. Background

    The PSRA, enacted on April 6, 2022, amended Title 39 of the United 
States Code and other relevant statutory provisions. Among other 
changes, section 203 of the PSRA added a note to 39 U.S.C. 3633, which 
requires that the Commission, no later than April 6, 2023, ``initiate a 
review of the regulations issued pursuant to sections 3633(a) and 
3652(a)(1) of title 39, United States Code, to determine whether 
revisions are appropriate to ensure that all direct and indirect costs 
attributable to competitive and market-dominant products are properly 
attributed to those products, including by considering the underlying 
methodologies in determining cost attribution and considering options 
to revise such methodologies.'' PSRA section 203. Section 203 also 
specifies that, if, after notice and public comment, the Commission 
determines ``that revisions are appropriate, the Commission shall make 
modifications or adopt alternative methodologies as necessary.'' See 
id.
    The Postal Service uses a two-tier costing system to categorize its 
accrued costs. The Postal Service first identifies all costs that can 
be reliably and causally linked to individual postal products or groups 
of products, using Commission-approved analytical principles, and 
attributes those costs to products or product groupings. All remaining 
costs are classified as institutional. This two-tier postal costing 
approach, which is deeply rooted in the Postal Service's historical 
treatment of costs,\1\ has been adopted into Title 39 of the United 
States Code.\2\ Specifically, Sections 3631(b) and 3622(c) of Title 39 
of the United States Code expressly codify ``reliably identified causal 
relationships'' as the standard for cost attribution. A detailed 
description of the approach to postal cost attribution currently 
employed by the Postal Service and the Commission appears in Docket 
Nos. RM2017-1 and RM2022-2.\3\
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    \1\ In implementing the Postal Reorganization Act, Public Law 
91-375, 84 Stat. 719 (1970), the former Postal Rate Commission 
developed the two-tier approach to costing. That approach was upheld 
by the Supreme Court of the United States. See Nat'l Ass'n of 
Greeting Card Publishers v. U.S. Postal Serv., 462 U.S. 810, 833 
(1983) (specifically rejecting the imposition of an intermediary 
tier of costs, based on extended inferences of causation, between 
attributable and institutional costs).
    \2\ Postal Accountability and Enhancement Act, Public Law 109-
435, 120 Stat. 3201, 3205 (2006); 39 U.S.C. 3622(c)(2), 3631(b); see 
also S. Rep. No. 108-318, at 9-10 (2004). The enactment of the PSRA 
did not disturb this two-tier approach. See Docket Nos. RM2017-1 and 
RM2022-2, Order Finalizing Rule Relating to the Institutional Cost 
Contribution Requirement for Competitive Products, January 9, 2023, 
at 37 n. 40 (Order No. 6399).
    \3\ Supplemental Notice of Proposed Rulemaking and Order 
Initiating the Third Review of the Institutional Cost Contribution 
Requirement for Competitive Products, November 18, 2021, at 11-35 
(Order No. 6043).
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    Since the enactment of the Postal Accountability and Enhancement 
Act (PAEA) and the Commission's subsequent promulgation of 
regulations,\4\ the Postal Service has improved the information used as 
the basis for cost attribution by changing or upgrading numerous data 
systems and updating and improving special cost studies. As a result, 
the Commission has presided over numerous rulemakings that have 
affected cost attribution.
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    \4\ See generally Docket No. RM2007-1, Order Establishing 
Ratemaking Regulations for Market Dominant and Competitive Products, 
October 29, 2007 (Order No. 43).
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    Cost attribution can be affected in major or minor ways through 
Commission proceedings that involve changes in ``analytical 
principles.'' Analytical principles refer to economic, mathematical, or 
statistical theories, precepts, or assumptions applied by the Postal 
Service in producing required periodic reports. See 39 CFR 3050.1(c). 
Analytical principles include, but are not limited to, costing 
methodologies and cost models that the Postal Service relies upon to 
generate cost-related data. The Commission has presided over many such 
proceedings to change accepted analytical principles since the PAEA was 
enacted.

II. Invitation To Comment

    The Commission invites interested persons to comment on regulations 
related to Postal Service cost attribution, as well as the analytical 
principles (including costing methodologies or cost models) underlying 
postal cost attribution. Comments should focus on whether revisions to 
any regulations or analytical principles are necessary ``to ensure that 
all direct and indirect costs attributable to competitive and market-
dominant products are properly attributed to those products . . . .'' 
PSRA section 203. Commenters are reminded that the scope of this docket 
is focused on regulations and analytical principles pertaining to cost 
attribution.

III. Administrative Actions

    Pursuant to section 203 of the PSRA, the Commission establishes 
Docket No. PI2023-2 in order to review regulations issued pursuant to 
39 U.S.C. 3633(a) and 3652(a)(1) relevant to the issue of postal cost 
attribution, as well as analytical principles (including costing 
methodologies or cost models) relevant to postal cost attribution. The 
Commission intends to evaluate the comments received and use those 
suggestions to help carry out the responsibilities described in section 
203 of the PSRA. Comments are due no later than June 14, 2023. Reply 
comments are due no later than July 14, 2023.
    Comments and other material filed in this proceeding will be 
available for review on the Commission's website unless the information 
contained therein is subject to an application for non-public 
treatment. The Commission's rules on non-public materials (including 
access to

[[Page 20788]]

documents filed under seal) appear in 39 CFR part 3011.
    Pursuant to 39 U.S.C. 505, the Commission appoints Katalin K. 
Clendenin to represent the interests of the general public (Public 
Representative) in this proceeding.

    By the Commission.
Mallory Richards,
Attorney-Advisor.
[FR Doc. 2023-07327 Filed 4-6-23; 8:45 am]
BILLING CODE 7710-FW-P