Proposed Rule2023-25933
Market Dominant Postal Products
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 24, 2023
Issuing agencies
Postal Regulatory Commission
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 225 (Friday, November 24, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.prc.gov">http://www.prc.gov</a>. 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,
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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, <a href="http://www.prc.gov">http://www.prc.gov</a>.
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
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