Notice2023-27651
Inbound Competitive PRIME Registered Service Agreement
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
December 18, 2023
Issuing agencies
Postal Regulatory Commission
Abstract
The Commission acknowledges a recent Postal Service request regarding revised versions and updates concerning parties to Inbound Competitive Registered Service Agreement 1. This notice informs the public of the filing, invites public comment, and takes other administrative steps.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 241 (Monday, December 18, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Notices]
[Pages 87463-87465]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27651]
=======================================================================
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
[Docket No. MC2020-73; Order No. 6853]
Inbound Competitive PRIME Registered Service Agreement
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission acknowledges a recent Postal Service request
regarding revised versions and updates concerning parties to Inbound
Competitive Registered Service Agreement 1. This notice informs the
public of the filing, invites public comment, and takes other
administrative steps.
DATES: Comments are due: December 27, 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. Introduction
[[Page 87464]]
II. Contents of Filing
III. Commission Action
IV. Order Requiring Further Action by the Postal Service
V. Ordering Paragraphs
I. Introduction
On December 8, 2023, the Postal Service filed notice of revised
versions of and updates concerning parties to Inbound Competitive PRIME
Registered Service Agreement 1 (Agreement).\1\
---------------------------------------------------------------------------
\1\ Notice of United States Postal Service of Filing Revised
Versions of and Updates Concerning Parties to Inbound Competitive
PRIME Registered Service Agreement, and Application for Non-Public
Treatment, December 8, 2023 (Notice).
---------------------------------------------------------------------------
II. Contents of Filing
The Postal Service acknowledges that due to an oversight, revisions
to the Agreement that went into effect on January 1, 2023, and July 1,
2023, respectively, were not timely notified to the Commission at least
15 days before the effective dates of the respective changes in
accordance with 39 CFR 3035.105. Notice at 2. The Postal Service also
states that ``it has taken action to correct future oversights by
educating responsible team members on their responsibility to provide
information to promote timely filing of changes to the Agreement.'' Id.
The Postal Service further states that it provides discussion ``in
greater detail'' in the Notice regarding the oversight and the
corrective action. Id. at 1. However, there is no such discussion in
greater detail elsewhere in the Notice.
With the Notice, the Postal Service filed: a redacted copy of
Governors' Decision No. 19-1 (Attachment 1); redacted copies of the
revised versions of the Agreement that went into effect on January 1,
2023, and July 1, 2023, respectively (Attachments 2 and 3,
respectively); a redacted table listing the parties to the Agreement as
of November 30, 2023 (Attachment 4); and a certified statement required
by 39 CFR 3035.105(c)(2) (Attachment 5). Notice at 2; see id.
Attachments 1-5. The Postal Service also filed redacted Excel versions
of financial workpapers. Notice at 2.
Additionally, the Postal Service filed unredacted versions of
Attachments 1-4 and unredacted Excel versions of financial workpapers
under seal. Id. The Postal Service filed an application for non-public
treatment of materials filed under seal. Id. at 2-3; id. Attachment 6.
The Postal Service lists the changes made in the revised versions
of the Agreement that went into effect on January 1, 2023, and July 1,
2023, respectively. Notice at 3-4. The Postal Service states that the
financial workpapers filed under seal show sufficient cost coverage for
this Agreement. Id. at 4.
III. Commission Action
The Commission reopens Docket No. MC2020-73 for consideration of
matters raised by the Notice.
The Commission invites comments on whether the Postal Service's
filing is consistent with 39 U.S.C. 3632 and 3633 and 39 CFR part 3035.
Comments are due no later than December 27, 2023. The public portions
of the filing can be accessed via the Commission's website (<a href="http://www.prc.gov">http://www.prc.gov</a>).
The Commission appoints Katalin K. Clendenin to serve as Public
Representative in this docket.
IV. Order Requiring Further Action by the Postal Service
The Governors of the Postal Service ``shall cause'' each decision
of rate or class not of general applicability and the record of the
proceedings in connection with such decision ``to be filed with the
Postal Regulatory Commission by such date before the effective date of
any new rates or classes as the Governors consider appropriate, but in
no case less than 15 days.'' 39 U.S.C. 3632(b)(3). Accordingly, the
Commission regulations require the Postal Service to file notice of
such decision at least 15 days before the effective date of the change.
39 CFR 3035.105(a) (``When the Postal Service determines to add or
change a rate or class not of general applicability, it shall file
notice of its decision with the Commission at least 15 days before the
effective date of the change.''). In Order No. 4016, the Commission
discussed the Postal Service's previous pattern of untimely filing of
the revisions to the predecessor version (a Market Dominant PRIME
Registered Services Agreement), and in response to a Presiding
Officer's Information Request, the Postal Service identified several
steps it took to ensure timely filing of future revisions.\2\ For
purposes of the instant Agreement, it appears that these steps were not
followed by the Postal Service, and they were insufficient to ensure
timely filings notifying the Commission of modifications.
---------------------------------------------------------------------------
\2\ See Docket No. R2016-6, Order Approving Modifications of
PRIME Registered Agreement, July 26, 2017, 6-7 (Order No. 4016). The
Postal Service identified the following steps: (1) ``[e]mployees who
regularly work on the Inbound Market Dominant Registered Service
Agreement 1 have been reminded of the Commission's request that
financial information be timely filed when a modification to the
Agreement proposes changes to rates, fees, or mail
classifications;'' (2) ``[c]hanges to Annex 3 delivery standards
proposed by the Postal Service will be submitted to the Commission
at the same time they are transmitted to the head of PRIME;'' (3)
``[t]he Postal Service's lead representative to PRIME will notify
the Postal Service's Law Department as soon as possible concerning
other proposed revisions to the PRIME Registered Service Agreement
that affect rates, fees, and mail classifications so that filings
can be made with the Commission as soon as possible.'' Id. at 7.
---------------------------------------------------------------------------
As noted above, the Postal Service acknowledges that an oversight
led to the extremely late filing of the Notice and states it has taken
corrective action to promote timely filing in the future. Notice at 2.
The Postal Service also states that it provides discussion ``in greater
detail'' in the Notice regarding the oversight and the corrective
action. Id. at 1-2. However, there is no such discussion in greater
detail elsewhere in the Notice. In addition, the Postal Service did not
file a motion for late acceptance of its Notice either prior to or
concurrent with the Notice, as required by Commission regulations. 39
CFR 3010.163.
Additionally, the Commission observes that there appears to be
discrepancies between the list of current parties to the Agreement in
Attachment 4 and the parties reflected with rates in the financial
workpapers. Some countries that are listed in Attachment 4 do not have
rates reflected in the financial workpapers, some countries that are
not listed in Attachment 4 have rates reflected in the financial
workpapers, and one country listed in Attachment 4 is missing entirely
in the financial workpapers.
To remedy the deficiencies identified above, the Commission orders
the Postal Service to:
1. File a motion for late acceptance of its Notice no later than
December 18, 2023.
2. In its motion for late acceptance:
a. Discuss in greater detail what oversight led to the filing of
the Notice almost 1 year later and 6 months later than the correct
filing dates pursuant to 39 CFR 3035.105, respectively, for the changes
to the Agreement that went into effect on January 1, 2023, and July 1,
2023, respectively.
b. Discuss in greater detail what corrective action the Postal
Service has taken (and will take) to prevent similar untimely filings
in the future, including but not limited to, designating the Postal
Service employee(s)(along with the individual's name and title)
responsible for monitoring whether a modification requires notification
to Commission as well as the Postal Service employee(s) (along with the
individual's name and title) who will be accountable for ensuring
timely filings notifying the Commission of such modifications in the
future.
c. Explain the apparent discrepancy between the list of current
parties to the
[[Page 87465]]
Agreement in Attachment 4 and the parties reflected with rates in the
financial workpapers and provide revised Attachment 4 and/or financial
workpapers as necessary.
V. Ordering Paragraphs
It is ordered:
1. The Commission reopens Docket No. MC2020-73 for consideration of
the matters raised by the Postal Service's Notice.
2. Pursuant to 39 U.S.C. 505, Katalin K. Clendenin is appointed to
serve as an officer of the Commission to represent the interests of the
general public in this proceeding (Public Representative).
3. The Postal Service shall file a motion for late acceptance no
later than December 18, 2023. The motion shall include the content
specified in the body of the Order.
4. Comments are due no later than December 27, 2023.
5. The Secretary shall arrange for the publication of this Order in
the Federal Register.
By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2023-27651 Filed 12-15-23; 8:45 am]
BILLING CODE 7710-FW-P
</pre></body>
</html>Indexed from Federal Register on December 18, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.