Proposed Rule2025-23260

Service Performance Reporting

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, 2025

Issuing agencies

Postal Regulatory Commission

Abstract

The Notice of Proposed Rulemaking proposes revisions to update the existing annual service performance reporting requirements for the Postal Service's Market Dominant products. The proposed revisions are based on both recent legal developments and the Commission's experience with the existing rules. This document informs the public of the filing, invites public comment, and takes other administrative steps.

Full Text

<html>
<head>
<title>Federal Register, Volume 90 Issue 241 (Thursday, December 18, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 241 (Thursday, December 18, 2025)]
[Proposed Rules]
[Pages 59086-59088]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23260]


=======================================================================
-----------------------------------------------------------------------

POSTAL REGULATORY COMMISSION

39 CFR Part 3055

[Docket No. RM2026-1; Order No. 9397]
RIN 3211-AA40


Service Performance Reporting

AGENCY: Postal Regulatory Commission.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Notice of Proposed Rulemaking proposes revisions to update 
the existing annual service performance reporting requirements for the 
Postal Service's Market Dominant products. The proposed revisions are 
based on both recent legal developments and the Commission's experience 
with the existing rules. This document informs the public of the 
filing, invites public comment, and takes other administrative steps.

DATES: Comments are due: January 19, 2026. Reply comments are due: 
February 9, 2026.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at <a href="https://www.prc.gov">https://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. The Rule Summary can be found on the Commission's Rule 
Summary Page at <a href="https://www.prc.gov/rule-summary-page">https://www.prc.gov/rule-summary-page</a>.

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 
202-789-6820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Basis of Proposed Rules
III. Proposed Rules

I. Background

    The Postal Accountability and Enhancement Act (PAEA) enhanced the 
Commission's role in overseeing how the Postal Service reports 
information.\1\ The PAEA requires the Commission to prescribe the 
content and form of the public reports that the Postal Service files 
with the Commission under section 3652. 39 U.S.C. 3652(e)(1). The 
Commission may initiate proceedings to improve the quality, accuracy, 
or completeness of Postal Service reporting whenever the Commission 
determines that service performance data have become significantly 
inadequate, could be significantly improved, or otherwise requires 
revision as necessitated by the public interest. 39 U.S.C. 3652(e)(2). 
The PAEA introduced new requirements that led to the Postal Service 
developing service standards (a delivery day range and business rules), 
service performance goals (on-time percent targets), and service 
performance measurement systems.
---------------------------------------------------------------------------

    \1\ Postal Accountability and Enhancement Act (PAEA), Public Law 
109-435, 120 Stat. 3198 (2006). See 39 U.S.C. 3652(e).
---------------------------------------------------------------------------

    Following a multi-year evaluation process, on July 5, 2018, the 
Commission approved the use of the Internal Service Performance 
Measurement (SPM) System.\2\ In doing so, the Commission found the 
applicable standard for use of an internal service performance 
measurement system to be whether the system is capable of reporting 
accurate, reliable, and representative service performance data. Id. at 
15. From a design perspective, SPM is significantly more complex than 
the measurement systems that preceded it. In recent months, the Postal 
Service has three times given the Commission notice of substantial 
planned changes to the SPM system.\3\
---------------------------------------------------------------------------

    \2\ Docket No. PI2015-1, Order Approving Use of Internal 
Measurement Systems, July 5, 2018 (Order No. 4697).
    \3\ In the first two of these instances, the Commission put in 
place interim reporting requirements to enable it to evaluate the 
effect of these changes on SPM's accuracy, reliability, and 
representativeness, and also to evaluate whether any revisions to 
the Commission's service performance reporting requirements with 
respect to measurement exclusions are necessary. See Docket Nos. 
RM2024-9 and PI2025-2, Interim Order Regarding Proposed Service 
Performance Measurement Changes, March 28, 2025, at 22-23, 37-39, 
40-41 (Order No. 8761). These reporting requirements were partially 
modified by Order No. 8823. See Docket Nos. RM2024-9 and PI2025-2, 
Order Conditionally Granting Motion for Reconsideration of Order No. 
8761, April 30, 2025 (Order No. 8823). See also Docket Nos. RM2024-
9, PI2025-2, and PI2025-5, Interim Order Regarding Further 
Proceedings on Planned Service Performance Measurement Changes, June 
27, 2025, at 23-24 (Order No. 8942). The third notice of planned 
changes was dismissed without prejudice. See Docket Nos. RM2024-9, 
PI2025-2, PI2025-5, and PI2025-6, Order Dismissing Without Prejudice 
Notice of Planned Service Performance Measurement Changes, October 
8, 2025 (Order No. 9241).

---------------------------------------------------------------------------

[[Page 59087]]

    The recent enactment of the Postal Service Reform Act of 2022 
(PSRA) codified a requirement for the Postal Service to set reasonable 
performance targets for each product and to provide those targets to 
the Commission for the Commission to evaluate compliance each year.\4\
---------------------------------------------------------------------------

    \4\ Postal Service Reform Act of 2022, Public Law 117-108, 136 
Stat. 1127 (2022).
---------------------------------------------------------------------------

II. Basis of Proposed Rules

    Pursuant to 39 U.S.C. 503, 3652, 3653, 3691, and 3692, the 
Commission proposes revisions to the service performance reporting 
rules at 39 CFR part 3055, subpart A.
    First, the Commission proposes revisions to existing sections 
3055.4 and 3055.5 to more specifically address changes to internal 
service performance measurement systems. These revisions would 
establish a burden of proof that proposed changes to such systems would 
be required to meet and would prevent the Postal Service from 
implementing changes without prior Commission approval. They would also 
codify the Commission's existing authority to initiate a proceeding to 
review such systems at any time, and would implement a procedure 
whereby interested persons could petition the Commission to initiate 
such a proceeding.
    Second, the Commission proposes revisions to existing section 
3055.5 to require the Postal Service to begin providing notice of all 
changes to service standard delivery day ranges and changes to origin/
destination ZIP Code pairs that affect the number of days to delivery, 
at least 30 days prior to implementation.
    Third, the Commission proposes revisions to existing sections 
3055.6 and 3055.7 in recognition of the PSRA's requirement that the 
Postal Service establish and file with the Commission reasonable 
performance targets, which the Commission must use to evaluate 
compliance for each product. 39 U.S.C. 3692(a). The Postal Service 
would be required to provide sufficient information about the criteria 
used to select the targets for the Commission to be able to determine, 
by a preponderance of the evidence, that the targets are, in fact, 
reasonable.
    The Commission finds that each of these revisions should improve 
the quality of service performance data and further the public 
interest. 39 U.S.C. 3652(e)(2)(B)-(C).

III. Proposed Rules

List of Subjects in 39 CFR Part 3055

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

    For the reasons stated in the preamble, the Commission proposes to 
amend 39 CFR part 3055 as follows:

PART 3055--SERVICE PERFORMANCE AND CUSTOMER SATISFACTION REPORTING

0
1. The authority citation for part 3055 is revised to read as follows:

    Authority: 39 U.S.C. 503, 3622, 3651, 3652, 3653, 3691, 3692, 
3705.

Subpart A--Annual Reporting of Service Performance Achievements

0
2. Revise Sec.  3055.4 to read as follows:


Sec.  3055.4  Internal service performance measurement systems.

    (a) Service performance measurements obtained from internal service 
performance measurement systems or hybrid service performance 
measurement systems (which are defined as systems that rely on both an 
internal and an external measurement component) shall not be used to 
comply with any reporting requirement under subparts A or B of this 
part without prior Commission approval.
    (b) The Postal Service shall file notice with the Commission 
describing any proposed changes to internal or hybrid service 
performance measurement systems (including proposed changes to any 
associated reporting methodologies or the use of proxies). In proposing 
such changes, the Postal Service must demonstrate, by a preponderance 
of the evidence, that internal or hybrid service performance 
measurement systems will be capable of producing accurate, reliable, 
representative, and useful service performance data and results. The 
Commission may summarily dismiss (without prejudice to refiling) any 
proposal that fails to include this information. The Postal Service's 
proposal must specify any planned implementation date(s), any requested 
decision date(s), and the reasons therefor. Preponderance of the 
evidence means proof by information that, compared with that opposing 
it, leads to the conclusion that the fact at issue is more probably 
true than not.
    (c) Changes to internal or hybrid service performance measurement 
systems proposed pursuant to paragraph (b) of this section may not be 
implemented without prior Commission approval.
    (d) The Commission may initiate a proceeding at any time to 
consider whether internal or hybrid service performance measurement 
systems are producing accurate, reliable, representative, and useful 
service performance data and results. Any interested person, including 
a public representative, may submit a petition to the Commission to 
initiate such a proceeding.
0
3. Revise Sec.  3055.5 to read as follows:


Sec.  3055.5   Changes to external service performance measurement 
systems, service standards, service goals, or reporting methodologies.

    (a) The Postal Service shall file notice with the Commission 
describing all changes to external service performance measurement 
systems and service goals (including performance targets), 30 days 
prior to planned implementation. The Postal Service shall also file 
notice with the Commission describing all changes to reporting 
methodologies, including the use of proxies (other than reporting 
methodologies or the use of proxies associated with internal or hybrid 
service performance measurement systems as described by section 3055.4 
of this part), 30 days prior to planned implementation. The Commission 
may initiate a proceeding at any time to consider such changes if it 
appears that the changes might have a material impact on the accuracy, 
reliability, or utility of the reported measurement, or if the changes 
might have a material impact on the characteristics of the underlying 
product.
    (b) No later than 30 days before planned implementation of any 
change to service standard delivery day ranges or origin/destination 
ZIP Code pairs that affect the number of days to delivery, the Postal 
Service shall file notice with the Commission describing the exact 
nature and scope of implementation. Each notice shall use plain 
language to list all locations affected by the change in service 
standards (at the level of granularity of the service standard), the 
categories of affected market dominant products, the current service 
standard, the planned service standard, and the date of the planned 
change. If the change in service standards is associated with a Change 
in the Nature of Postal Services docket pursuant to 39 U.S.C. 3661 and 
part 3020 of this chapter, then each notice shall be filed in the 
applicable Change in the Nature

[[Page 59088]]

of Postal Services docket. Otherwise, each notice should be filed in 
the most recent Annual Compliance Report docket.
0
4. Revise Sec.  3055.6 to read as follows:


Sec.  3055.6   Addition of new market dominant products or changes to 
existing market dominant products.

    Whenever the Postal Service proposes the addition of a new market 
dominant product or a change to an existing market dominant product, it 
also shall propose new or revised (as necessary) service performance 
measurement systems, service standards, service goals (including 
performance targets), data reporting elements, and data reporting 
methodologies.
0
5. Revise Sec.  3055.7 to read as follows:


Sec.  3055.7   Reasonable performance targets.

    (a) Pursuant to 39 U.S.C. 3692(a)(1), the Postal Service shall 
establish reasonable performance targets for each market dominant 
product for each fiscal year and provide such targets to the Commission 
not later than 60 days after the beginning of the fiscal year in which 
they will apply. In setting reasonable performance targets, the Postal 
Service must consider and balance:
    (1) the need for each target to establish a clear path toward 
improving performance and enabling the provision of high-quality 
service; and
    (2) the need for each target to be realistically attainable 
considering the Postal Service's network, workforce, transportation 
capacity, and financial resources, and actual service standards in 
effect.
    (b) The Postal Service's filing made pursuant to paragraph (a) of 
this section shall contain sufficient information about the criteria 
used to select the targets for the Commission to be able to determine 
(based on the contents of the Postal Service's filing alone), by a 
preponderance of the evidence, that the targets set by the Postal 
Service are reasonable. Preponderance of the evidence means proof by 
information that, compared with that opposing it, leads to the 
conclusion that the fact at issue is more probably true than not.
    (c) The Commission will use each reasonable target set by the 
Postal Service to evaluate compliance for each market dominant product 
for a given fiscal year pursuant to 39 U.S.C. 3653(b)(2).

    By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2025-23260 Filed 12-17-25; 8:45 am]
BILLING CODE 7710-FW-P


</pre></body>
</html>
Indexed from Federal Register on December 18, 2025.

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.