[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Proposed Rules]
[Pages 82285-82286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25933]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3030

[Docket No. RM2020-5; Order No. 6801]
RIN 3211-AA27


Market Dominant Postal Products

AGENCY: Postal Regulatory Commission.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Commission previously proposed amendments to its 
regulations concerning rate incentives for Market Dominant products. 
After the period for filing comments in the instant docket closed, in 
Docket No. R2023-3, the Postal Service proposed, and the Commission 
subsequently approved, two Market Dominant rate incentives for Calendar 
Year (CY) 2024. Because the rule proposals in the instant docket may 
have a bearing on any future proposals to include these rate incentives 
in the percentage change in rates calculation, the Commission provides 
the public with an opportunity to comment on the relationship of the 
rule proposals in the instant docket and the rate incentives approved 
for CY 2024 in Docket No. R2023-3.

DATES: Comments are due: December 4, 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

    Pursuant to 39 U.S.C. 503 and 3622, the Commission proposed 
amendments to its regulations concerning rate incentives for Market 
Dominant products appearing in existing 39 CFR part 3030.\1\ The 
proposed amendments would revise the regulation defining ``rate of 
general applicability'' for purposes of Market Dominant rate adjustment 
proceedings to clarify that,

[[Page 82286]]

to qualify as a rate of general applicability, a rate incentive may not 
be based on historical mail volumes or prior mailer participation in a 
rate incentive or promotion. See Order No. 6325 at 1. Further, the 
Commission proposed to begin enforcing 39 CFR 3030.123(j) and 39 CFR 
3030.128(f)(2)(iv) in their entirety.\2\ Enforcing these rules would 
add an additional criterion for a rate incentive to be eligible for 
inclusion in a percentage change in rates calculation and would require 
that more information concerning Market Dominant rate incentives be 
included in a notice of rate adjustment. See Order No. 6325 at 2.
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    \1\ Notice of Proposed Rulemaking to Amend Rules Regarding Rate 
Incentives for Market Dominant Products, November 14, 2022 (Order 
No. 6325).
    \2\ See Order No. 6325 at 1-2, 38; Order Adopting Final Rules 
Regarding Rate Incentives for Market Dominant Products, May 15, 2020 
(Order No. 5510). As discussed further below, although these rules 
were adopted by Order No. 5510, the Commission subsequently 
indicated that it did not intend to enforce Order No. 5510 pending 
reconsideration of it. See Notice of Intent to Reconsider, August 
26, 2020 (Order No. 5655).
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    After the period for filing comments in the instant docket closed, 
in Docket No. R2023-3, the Postal Service proposed, and the Commission 
subsequently approved, two Market Dominant rate incentives for Calendar 
Year (CY) 2024.\3\ Although the rate incentives were not proposed for 
inclusion in the percentage change in rates calculation for CY 2024,\4\ 
the Postal Service stated that it intends to propose including these 
rate incentives in the percentage change in rates calculation in the 
future. See Docket No. R2023-3 Notice at 9; Order No. 6713 at 2.
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    \3\ See Docket No. R2023-3, Order on Market Dominant Price 
Change Creating Two Incentives, September 27, 2023, at 1-2 (Order 
No. 6713).
    \4\ Docket No. R2023-3, United States Postal Service Notice of 
Market Dominant Price Change Creating Two Incentives, August 11, 
2023, at 8-9 (Docket No. R2023-3 Notice).
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II. Invitation To Comment

    Because the First-Class Mail Growth Incentive and the Marketing 
Mail Growth Incentive were proposed after the timeframes for submitting 
comments in responses to the rule proposals set forth in Order No. 6325 
ended, and because those rule proposals may have a bearing on the 
Postal Service's ability to include those rate incentives in the 
percentage change in rates calculation, the Commission provides an 
opportunity for comment on the relationship between the pending rule 
proposals in the instant proceeding and the First-Class Mail Growth 
Incentive and the Marketing Mail Growth Incentive. The Commission 
invites comments from the public on the relationship of these rule 
proposals and rate incentives, including on the questions that the 
Commission raised in Order No. 6713 about whether the First-Class Mail 
Growth Incentive and the Marketing Mail Growth Incentive would be 
permitted to be included in the percentage change in rates calculation 
under the rule proposals in Order No. 6325.

III. Administrative Actions

    The Regulatory Flexibility Act requires federal agencies, in 
promulgating rules, to consider the impact of those rules on small 
entities. See 5 U.S.C. 601 et seq. If the proposed or final rules will 
not, if promulgated, have a significant economic impact on a 
substantial number of small entities, the head of the agency may 
certify that the initial and final regulatory flexibility analysis 
requirements of 5 U.S.C. 603 and 604 do not apply. See 5 U.S.C. 605(b).
    In the context of this rulemaking, the Commission's primary 
responsibility is in the regulatory oversight of the United States 
Postal Service. The rules that are the subject of this rulemaking have 
a regulatory impact on the Postal Service, but do not impose any 
regulatory obligation upon any other entity. Based on these findings, 
the Chairman of the Commission certifies that the rules that are the 
subject of this rulemaking will not have a significant economic impact 
on a substantial number of small entities. Therefore, pursuant to 5 
U.S.C. 605(b), this rulemaking is exempt from the initial and final 
regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604.
    Interested persons are invited to provide written comments as 
discussed in this notice. Comments are due no later than December 4, 
2023. All comments received will be available for review on the 
Commission's website, http://www.prc.gov.
    Philip T. Abraham will continue to serve as an officer of the 
Commission (Public Representative) to represent the interests of the 
general public in this docket.

    By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2023-25933 Filed 11-22-23; 8:45 am]
BILLING CODE 7710-FW-P