80 FR 35573 - Changes or Corrections to Mail Classification Schedule

POSTAL REGULATORY COMMISSION

Federal Register Volume 80, Issue 119 (June 22, 2015)

Page Range		35573-35575
FR Document		2015-15198
The Commission is issuing a set of final rules addressing changes and corrections to the Mail Classification Schedule (MCS). The final rules establish procedures for material changes in services offered in connection with products and corrections to product descriptions. Relative to the proposed rules, all changes are minor and non-substantive.
Federal Register, Volume 80 Issue 119 (Monday, June 22, 2015)
[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Rules and Regulations]
[Pages 35573-35575]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15198]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3020

[Docket No. RM2015-6; Order No. 2543]


Changes or Corrections to Mail Classification Schedule

AGENCY: Postal Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Commission is issuing a set of final rules addressing 
changes and corrections to the Mail Classification Schedule (MCS). The 
final rules establish procedures for material changes in services 
offered in connection with products and corrections to product 
descriptions. Relative to the proposed rules, all changes are minor and 
non-substantive.

DATES: Effective July 22, 2015.

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

SUPPLEMENTARY INFORMATION: 

Regulatory History

72 FR 63662, November 9, 2007
79 FR 69781, November 24, 2014

Table of Contents

I. Introduction
II. Background
III. Summary of Comments Received and Explanation of Revisions
IV. Ordering Paragraphs

I. Introduction

    In this Order, the Commission adopts final rules regarding requests 
to change or correct the Mail Classification Schedule (MCS).

II. Background

    The Commission is charged with maintaining accurate product lists. 
See 39 U.S.C. 3642. In Docket No. RM2007-1, the Commission promulgated 
rules establishing the MCS as the vehicle for presenting the product 
lists with necessary descriptive content.\1\ Those rules are codified 
at 39 CFR part 3020, subparts A-F.
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    \1\ Docket No. RM2007-1, Order No. 26, Order Proposing 
Regulations to Establish a System of Ratemaking, August 15, 2007, at 
85.
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    On November 14, 2014, the Commission issued a notice of proposed 
rulemaking and requested comments on proposed rules regarding requests 
to change or correct the MCS (specifically, replacing 39 CFR part 3020, 
subpart E).\2\ Order No. 2250 described how the regulations did not 
satisfactorily address MCS changes that were more significant than 
minor corrections to the MCS but did not rise to the level of a product 
list modification. The proposed rules distinguished between material 
changes and minor corrections to the descriptive content in the MCS and 
proposed procedures for the initiation and review of each type of 
change. The notice of proposed rulemaking was also published in the 
Federal Register. 79 FR 69781 (November 24, 2014).
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    \2\ Notice of Proposed Rulemaking on Changes and Corrections to 
the Mail Classification Schedule, November 14, 2014 (Order No. 
2250).
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    The Postal Service and the Public Representative submitted initial 
comments suggesting changes to the rules proposed in Order No. 2250.\3\ 
The Postal Service also submitted reply comments.\4\ After 
consideration of the comments submitted, the Commission adopts the 
proposed rules, modified as described below.
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    \3\ Initial Comments of the United States Postal Service, 
December 24, 2014 (Postal Service Comments); Public Representative 
Comments, December 24, 2014 (PR Comments).
    \4\ Reply Comments of the United State Postal Service, January 
8, 2015 (Postal Service Reply Comments).
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III. Section-by-Section Analysis

    In general, the Postal Service and Public Representative offered 
positive comments with respect to the Commission's proposed rules. See, 
e.g., Postal Service Comments at 1, PR Comments at 3. Both commenters 
also offered suggestions that they assert would improve or clarify the 
proposed rules. The comments primarily focused on two issues: The 
contents of the supporting justification for a material change to a MCS 
product description and the provisions concerning the Commission's 
review of requests to make either a material change or minor correction 
to the MCS. The Commission's analysis of the comments received is 
discussed below.

A. Section 3020.81 (Supporting Justification for Changes to Product 
Descriptions)

    Section 3020.81 of the proposed rules lists the supporting 
justification that must be filed by the Postal Service when it proposes 
a material change to a product description in the MCS. As proposed, 
paragraph (c) required the Postal Service to describe the impact that 
the proposed material changes will have on users of the product and on 
competitors as part of its supporting justification for its request to 
make a material change to a product description.
    The Postal Service comments that the requirement in proposed 
section 3020.81(c) is more strenuous than the requirement that 
currently applies to

[[Page 35574]]

modifications of the product lists. Postal Service Comments at 2. The 
Postal Service suggests that section 3020.81(c) requires only that it 
``[p]rovide any available information that describes the likely impact 
of the changes on users of the product and on competitors.'' Id. at 3. 
The Postal Service states its alternative wording would establish the 
same standard that currently applies to modifications of the product 
lists. Id.
    In contrast, the Public Representative suggests that paragraph (c) 
be broadened to require the Postal Service to ``[d]escribe the views of 
those who use the product on the appropriateness of the proposed action 
and the impact that the changes will have on users of the product and 
on competitors and on small business concerns.'' PR Comments at 12. He 
asserts that the Commission's proposed rules eliminate two 
considerations required by 39 U.S.C. 3642(b)(3) and the reintroduction 
of those considerations would protect the product lists from erosion 
through incremental changes to a product description, which could 
eventually modify the product itself, to the detriment of users. Id. at 
11-12.
    The Postal Service responds that the Public Representative's 
suggestion appears to impose an obligation on it ``to obtain 
certainty'' regarding the impact that a material MCS product 
description change will have before it requests Commission review of 
the change. Postal Service Reply Comments at 2-3. The Postal Service 
hypothesizes that such a requirement would require it to ``conduct 
market research or otherwise compile data that reflect some unspecified 
level of scientific or empirical analysis of the impact of an MCS 
product description change on customers, competitors and small 
businesses.'' Id. at 3. The Postal Service suggests the following 
revision to the Public Representative's proposal for paragraph (c): 
Provide available information describing the views of those who use the 
product on the appropriateness of the proposed action and the likely 
impact of the changes on users of the product and on competitors and on 
small business concerns. Id.
    The Commission declines to adopt the particular revisions proposed 
by either commenter. Although the Public Representative and Postal 
Service offer different suggested language, both commenters attempt to 
establish a standard for material changes to product descriptions that 
is similar to the standard that applies to modifications of the product 
lists. See Postal Service Comments at 3; PR Comments at 11. However, 
the Commission's intent in establishing the standard for material 
changes was to strike a middle ground between the showing that is 
required for modifications to the product lists and the showing for 
corrections to MCS product descriptions.
    Nevertheless, the Commission recognizes that the paragraph, as 
originally proposed, could be interpreted to require a more burdensome 
showing by the Postal Service than that required for modifications of 
the product lists. Therefore, the Commission adopts the following minor 
revision to proposed section 3020.81(c)--the addition of the word 
likely--so that section 3020.81(c) will read as follows: Describe the 
likely impact that the changes will have on users of the product and on 
competitors. This change tracks the Commission's original intent to 
allow the Postal Service to make a showing that is less onerous than 
the showing that is required for modifications to the product lists but 
more robust than the showing for corrections to MCS product 
descriptions.

B. Provisions Concerning Commission Review (3020.83 and 3020.92)

    Sections 3020.83 and 3020.92 of the proposed rules describe the 
actions the Commission may take in response to a Postal Service request 
to either materially change or correct a product description, 
respectively. These provisions are nearly identical in the proposed 
rules.
    The Public Representative suggests three revisions to proposed 
section 3020.92. First, he suggests revising section 3020.92(b) to 
explicitly state that a minor correction would be made if ``not a 
material change to the product descriptions'' and ``consistent with the 
provisions of title 39, subject to editorial corrections.'' PR Comments 
at 8. The Postal Service does not object to the Public Representative's 
suggestion but comments that the second change may be ``superfluous.'' 
Postal Service Reply Comments at 2. The Public Representative's 
suggested additions are already implied by the proposed language. 
Accordingly, the Commission declines to adopt the Public 
Representative's suggestions as unnecessary.
    Second, the Public Representative comments that the elimination of 
the statement in the current rule that the Commission will make the 
change ``to coincide with the effective date of the proposed change'' 
introduces ``ambiguity about the Commission's intended action time.'' 
PR Comments at 8. The Postal Service does not comment on the Public 
Representative's suggestion. The Commission agrees with the Public 
Representative that the proposed rule is unclear concerning when the 
Commission will make the change to the MCS. Therefore, the Commission 
adopts the Public Representative's suggestion and adds language to 
state that the change to the MCS will coincide with the effective date 
of the proposed change to both sections 3020.83 and 3020.92.
    Third and finally, the Public Representative suggests ``in the 
interests of clarity and economy'' combining sections 3020.83 and 
3020.92 into a section numbered 3020.100 and named ``Commission Review 
and Action.'' Id. at 12. The Postal Service does not comment on the 
Public Representative's suggestion. The format of the proposed rules 
was designed to have separate sections for material changes (39 CFR 
3020.80 et seq.) and minor corrections (39 CFR 3020.90 et seq.). 
Accordingly, the Commission declines to adopt the Public 
Representative's suggestion.

C. Additional Minor Corrections

    In order to improve upon the clarity of the rules proposed in Order 
No. 2250, the Commission makes the following editorial changes and 
minor corrections:
     Rule 3020.81 contains an editorial change to the title of 
the rule.
     Rule 3020.82 contains an editorial change to the title of 
the rule.
     Rule 3020.83 contains an editorial change to the title of 
the rule.
     Rule 3020.83(e) contains a minor correction.
     Rule 3020.91 contains an editorial change to the title of 
the rule.
     Rule 3020.92 contains an editorial change to the title of 
the rule.
     Rule 3020.92(e) contains a minor correction.

IV. Ordering Paragraphs

    It is ordered:
    1. Part 3020 of title 39, Code of Federal Regulations, is amended 
as set forth below the signature of this Order, effective 30 days after 
publication in the Federal Register.
    2. The Secretary shall arrange for publication of this order in the 
Federal Register.

List of Subjects in 39 CFR Part 3020

    Administrative practice and procedure, Postal Service.

    For the reasons discussed in the preamble, the Commission amends 
chapter III of title 39 of the Code of Federal Regulations as follows:

Part 3020--PRODUCT LISTS

0
1. The authority citation of part 3020 continues to read as follows:


[[Page 35575]]


    Authority:  39 U.S.C. 503; 3622; 3631; 3642; 3682.


0
2. Revise subpart E to read as follows:
Subpart E--Requests Initiated by the Postal Service To Make Material 
Changes or Minor Corrections to the Mail Classification Schedule
Sec.
3020.80 Material changes to product descriptions.
3020.81 Supporting justification for material changes to product 
descriptions.
3020.82 Docket and notice of material changes to product 
descriptions.
3020.83 Commission review of material changes to product 
descriptions.
3020.84-3020.89 [Reserved]
3020.90 Minor corrections to product descriptions.
3020.91 Docket and notice of minor corrections to product 
descriptions.
3020.92 Commission review of minor corrections to product 
descriptions.

Subpart E--Requests Initiated by the Postal Service To Make 
Material Changes or Minor Corrections to the Mail Classification 
Schedule


Sec.  3020.80  Material changes to product descriptions.

    (a) Whenever the Postal Service proposes material changes to a 
product description in the Mail Classification Schedule, no later than 
30 days prior to implementing the proposed changes, it shall submit to 
the Commission a request to change the product description in the Mail 
Classification Schedule.
    (b) The request shall:
    (1) Include a copy of the applicable sections of the Mail 
Classification Schedule and the proposed changes therein in legislative 
format; and
    (2) Provide all supporting justification for the changes upon which 
the Postal Service proposes to rely.


Sec.  3020.81  Supporting justification for material changes to product 
descriptions.

    (a) Supporting justification for changes to a product description 
in the Mail Classification Schedule shall include a description of, and 
rationale for, the proposed changes to the product description; and the 
additional material in paragraphs (b) and (c) of this section.
    (b)(1) As to market dominant products, explain why the changes are 
not inconsistent with each requirement of 39 U.S.C. 3622(d) and part 
3010 of this chapter; or
    (2) As to competitive products, explain why the changes will not 
result in the violation of any of the standards of 39 U.S.C. 3633 and 
part 3015 of this chapter.
    (c) Describe the likely impact that the changes will have on users 
of the product and on competitors.


Sec.  3020.82  Docket and notice of material changes to product 
descriptions.

    (a) The Commission shall take the actions identified in paragraphs 
(b) through (e) of this section.
    (b) Establish a docket for each request to change a product 
description in the Mail Classification Schedule;
    (c) Publish notice of the request on its Web site;
    (d) Designate an officer of the Commission to represent the 
interests of the general public in the docket; and
    (e) Provide interested persons with an opportunity to comment on 
whether the proposed changes are consistent with title 39 and 
applicable Commission regulations.


Sec.  3020.83  Commission review of material changes to product 
descriptions.

    (a) The Commission shall review the request and any comments filed. 
The Commission shall take one of the actions identified in paragraphs 
(b) through (g) of this section.
    (b) Approve the proposed changes, subject to editorial corrections, 
and change the Mail Classification Schedule to coincide with the 
effective date of the proposed change;
    (c) Reject the proposed changes;
    (d) Provide the Postal Service with an opportunity to amend the 
proposed changes;
    (e) Direct the Postal Service to make an appropriate filing under a 
different section;
    (f) Institute further proceedings; or
    (g) Direct other action that the Commission considers appropriate.


Sec. Sec.  3020.84-3020.89   [Reserved]


Sec.  3020.90  Minor corrections to product descriptions.

    (a) The Postal Service shall ensure that product descriptions in 
the Mail Classification Schedule accurately represent the current 
offerings of the Postal Service.
    (b) The Postal Service shall submit minor corrections to product 
descriptions in the Mail Classification Schedule by filing notice with 
the Commission no later than 15 days prior to the effective date of the 
proposed corrections.
    (c) The notice shall:
    (1) Explain why the proposed corrections do not constitute material 
changes to the product description for purposes of Sec.  3020.80;
    (2) Explain why the proposed corrections are consistent with any 
applicable provisions of title 39; and
    (3) Include a copy of the applicable sections of the Mail 
Classification Schedule and the proposed corrections therein in 
legislative format.


Sec.  3020.91  Docket and notice of minor corrections to product 
descriptions.

    (a) The Commission shall take the actions identified in paragraphs 
(b) through (e) of this section.
    (b) Establish a docket for each proposal to correct a product 
description in the Mail Classification Schedule;
    (c) Publish notice of the proposal on its Web site;
    (d) Designate an officer of the Commission to represent the 
interests of the general public in the docket; and
    (e) Provide interested persons with an opportunity to comment on 
whether the proposed corrections are consistent with title 39 and 
applicable Commission regulations.


Sec.  3020.92  Commission review of minor corrections to product 
descriptions.

    (a) The Commission shall review the notice and any comments filed. 
The Commission shall take one of the actions identified in paragraphs 
(b) through (g) of this section.
    (b) Approve the proposed corrections, subject to editorial 
corrections, and change the Mail Classification Schedule to coincide 
with the effective date of the proposed change;
    (c) Reject the proposed corrections;
    (d) Provide the Postal Service with an opportunity to amend the 
proposed corrections;
    (e) Direct the Postal Service to make an appropriate filing under a 
different section;
    (f) Institute further proceedings; or
    (g) Direct other action that the Commission considers appropriate.

    By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2015-15198 Filed 6-19-15; 8:45 am]
 BILLING CODE 7710-FW-P
Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Rules and Regulations 35573

available in the docket where indicated POSTAL REGULATORY COMMISSION MCS changes that were more significant
under ADDRESSES. We seek any than minor corrections to the MCS but
comments or information that may lead 39 CFR Part 3020 did not rise to the level of a product list
to the discovery of a significant [Docket No. RM2015–6; Order No. 2543] modification. The proposed rules
environmental impact from this rule. distinguished between material changes
Changes or Corrections to Mail and minor corrections to the descriptive
List of Subjects in 33 CFR Part 165 content in the MCS and proposed
Classification Schedule
Harbors, Marine safety, Navigation procedures for the initiation and review
(water), Reporting and recordkeeping AGENCY: Postal Regulatory Commission. of each type of change. The notice of
requirements, Security measures, ACTION: Final rule. proposed rulemaking was also
Waterways. published in the Federal Register. 79 FR
SUMMARY: The Commission is issuing a 69781 (November 24, 2014).
For the reasons discussed in the set of final rules addressing changes and The Postal Service and the Public
preamble, the Coast Guard is amending corrections to the Mail Classification Representative submitted initial
33 CFR part 165 as follows: Schedule (MCS). The final rules comments suggesting changes to the
establish procedures for material rules proposed in Order No. 2250.3 The
PART 165—REGULATED NAVIGATION
changes in services offered in Postal Service also submitted reply
AREAS AND LIMITED ACCESS AREAS
connection with products and comments.4 After consideration of the
■ 1. The authority citation for part 165 corrections to product descriptions. comments submitted, the Commission
continues to read as follows: Relative to the proposed rules, all adopts the proposed rules, modified as
changes are minor and non-substantive. described below.
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
DATES: Effective July 22, 2015.
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; III. Section-by-Section Analysis
Department of Homeland Security Delegation FOR FURTHER INFORMATION CONTACT:
No. 0170.1. David A. Trissell, General Counsel, at In general, the Postal Service and
202–789–6820. Public Representative offered positive
■ 2. Add § 165.T13–0358 to read as comments with respect to the
follows: SUPPLEMENTARY INFORMATION:
Commission’s proposed rules. See, e.g.,
Regulatory History Postal Service Comments at 1, PR
§ 165.T13–0358 Safety Zone; Cathlamet
Comments at 3. Both commenters also
Bald Eagle Days Firework Display, 72 FR 63662, November 9, 2007
Cathlamet, WA. offered suggestions that they assert
79 FR 69781, November 24, 2014
would improve or clarify the proposed
(a) Safety Zones. The following area is Table of Contents rules. The comments primarily focused
a designated safety zone: on two issues: The contents of the
(1) Location. All waters along the I. Introduction supporting justification for a material
Columbia River, Cathlamet, WA, within II. Background change to a MCS product description
a 500 foot radius at the approximate III. Summary of Comments Received and
and the provisions concerning the
position of 46°12′14″ N; 123°23′17″ W. Explanation of Revisions
IV. Ordering Paragraphs Commission’s review of requests to
(2) Enforcement Period. This event make either a material change or minor
will be held on July 18, 2015 from 10:00 correction to the MCS. The
I. Introduction
p.m. to 11:00 p.m. Commission’s analysis of the comments
(b) Regulations. In accordance with In this Order, the Commission adopts received is discussed below.
the general regulations in 33 CFR part final rules regarding requests to change
165, subpart C, no person may enter or or correct the Mail Classification A. Section 3020.81 (Supporting
remain in the safety zone created in this Schedule (MCS). Justification for Changes to Product
section or bring, cause to be brought, or Descriptions)
II. Background
allow to remain in the safety zone Section 3020.81 of the proposed rules
created in this section any vehicle, The Commission is charged with lists the supporting justification that
vessel, or object unless authorized by maintaining accurate product lists. See must be filed by the Postal Service when
the Captain of the Port or his designated 39 U.S.C. 3642. In Docket No. RM2007– it proposes a material change to a
representative. The Captain of the Port 1, the Commission promulgated rules product description in the MCS. As
may be assisted by other Federal, State, establishing the MCS as the vehicle for proposed, paragraph (c) required the
or local agencies with the enforcement presenting the product lists with Postal Service to describe the impact
of the safety zone. necessary descriptive content.1 Those that the proposed material changes will
(c) Authorization. All vessel operators rules are codified at 39 CFR part 3020, have on users of the product and on
who desire to enter the safety zone must subparts A–F. competitors as part of its supporting
obtain permission from the Captain of On November 14, 2014, the justification for its request to make a
the Port or Designated Representative by Commission issued a notice of proposed material change to a product
contacting either the on-scene patrol rulemaking and requested comments on description.
craft on VHF Ch 13 or Ch 16 or the proposed rules regarding requests to The Postal Service comments that the
Coast Guard Sector Columbia River change or correct the MCS (specifically, requirement in proposed section
Command Center via telephone at (503) replacing 39 CFR part 3020, subpart E).2 3020.81(c) is more strenuous than the
861–6211. Order No. 2250 described how the requirement that currently applies to
regulations did not satisfactorily address
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Dated: May 19, 2015. 3 Initial Comments of the United States Postal
D.J. Travers, 1 Docket No. RM2007–1, Order No. 26, Order Service, December 24, 2014 (Postal Service
Captain, U.S. Coast Guard, Captain of the Proposing Regulations to Establish a System of Comments); Public Representative Comments,
Port, Sector Columbia River. Ratemaking, August 15, 2007, at 85. December 24, 2014 (PR Comments).
2 Notice of Proposed Rulemaking on Changes and 4 Reply Comments of the United State Postal
[FR Doc. 2015–15323 Filed 6–19–15; 8:45 am] Corrections to the Mail Classification Schedule, Service, January 8, 2015 (Postal Service Reply
BILLING CODE 9110–04–P November 14, 2014 (Order No. 2250). Comments).

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modifications of the product lists. Postal changes was to strike a middle ground the Public Representative that the
Service Comments at 2. The Postal between the showing that is required for proposed rule is unclear concerning
Service suggests that section 3020.81(c) modifications to the product lists and when the Commission will make the
requires only that it ‘‘[p]rovide any the showing for corrections to MCS change to the MCS. Therefore, the
available information that describes the product descriptions. Commission adopts the Public
likely impact of the changes on users of Nevertheless, the Commission Representative’s suggestion and adds
the product and on competitors.’’ Id. at recognizes that the paragraph, as language to state that the change to the
3. The Postal Service states its originally proposed, could be MCS will coincide with the effective
alternative wording would establish the interpreted to require a more date of the proposed change to both
same standard that currently applies to burdensome showing by the Postal sections 3020.83 and 3020.92.
modifications of the product lists. Id. Service than that required for Third and finally, the Public
In contrast, the Public Representative modifications of the product lists. Representative suggests ‘‘in the interests
suggests that paragraph (c) be broadened Therefore, the Commission adopts the of clarity and economy’’ combining
to require the Postal Service to following minor revision to proposed sections 3020.83 and 3020.92 into a
‘‘[d]escribe the views of those who use section 3020.81(c)—the addition of the section numbered 3020.100 and named
the product on the appropriateness of word likely—so that section 3020.81(c) ‘‘Commission Review and Action.’’ Id.
the proposed action and the impact that will read as follows: Describe the likely at 12. The Postal Service does not
the changes will have on users of the impact that the changes will have on comment on the Public Representative’s
product and on competitors and on users of the product and on competitors. suggestion. The format of the proposed
small business concerns.’’ PR Comments This change tracks the Commission’s rules was designed to have separate
at 12. He asserts that the Commission’s original intent to allow the Postal sections for material changes (39 CFR
proposed rules eliminate two Service to make a showing that is less 3020.80 et seq.) and minor corrections
considerations required by 39 U.S.C. onerous than the showing that is (39 CFR 3020.90 et seq.). Accordingly,
3642(b)(3) and the reintroduction of required for modifications to the the Commission declines to adopt the
those considerations would protect the product lists but more robust than the Public Representative’s suggestion.
product lists from erosion through showing for corrections to MCS product
incremental changes to a product descriptions. C. Additional Minor Corrections
description, which could eventually In order to improve upon the clarity
B. Provisions Concerning Commission
modify the product itself, to the of the rules proposed in Order No. 2250,
Review (3020.83 and 3020.92)
detriment of users. Id. at 11–12. the Commission makes the following
The Postal Service responds that the Sections 3020.83 and 3020.92 of the editorial changes and minor corrections:
Public Representative’s suggestion proposed rules describe the actions the • Rule 3020.81 contains an editorial
appears to impose an obligation on it Commission may take in response to a change to the title of the rule.
‘‘to obtain certainty’’ regarding the Postal Service request to either • Rule 3020.82 contains an editorial
impact that a material MCS product materially change or correct a product change to the title of the rule.
description change will have before it description, respectively. These • Rule 3020.83 contains an editorial
requests Commission review of the provisions are nearly identical in the change to the title of the rule.
change. Postal Service Reply Comments proposed rules. • Rule 3020.83(e) contains a minor
at 2–3. The Postal Service hypothesizes The Public Representative suggests
correction.
that such a requirement would require three revisions to proposed section
• Rule 3020.91 contains an editorial
it to ‘‘conduct market research or 3020.92. First, he suggests revising
change to the title of the rule.
otherwise compile data that reflect some section 3020.92(b) to explicitly state that
• Rule 3020.92 contains an editorial
unspecified level of scientific or a minor correction would be made if
change to the title of the rule.
empirical analysis of the impact of an ‘‘not a material change to the product • Rule 3020.92(e) contains a minor
MCS product description change on descriptions’’ and ‘‘consistent with the correction.
customers, competitors and small provisions of title 39, subject to editorial
businesses.’’ Id. at 3. The Postal Service corrections.’’ PR Comments at 8. The IV. Ordering Paragraphs
suggests the following revision to the Postal Service does not object to the It is ordered:
Public Representative’s proposal for Public Representative’s suggestion but 1. Part 3020 of title 39, Code of
paragraph (c): Provide available comments that the second change may Federal Regulations, is amended as set
information describing the views of be ‘‘superfluous.’’ Postal Service Reply forth below the signature of this Order,
those who use the product on the Comments at 2. The Public effective 30 days after publication in the
appropriateness of the proposed action Representative’s suggested additions are Federal Register.
and the likely impact of the changes on already implied by the proposed 2. The Secretary shall arrange for
users of the product and on competitors language. Accordingly, the Commission publication of this order in the Federal
and on small business concerns. Id. declines to adopt the Public Register.
The Commission declines to adopt the Representative’s suggestions as
particular revisions proposed by either unnecessary. List of Subjects in 39 CFR Part 3020
commenter. Although the Public Second, the Public Representative Administrative practice and
Representative and Postal Service offer comments that the elimination of the procedure, Postal Service.
different suggested language, both statement in the current rule that the For the reasons discussed in the
commenters attempt to establish a Commission will make the change ‘‘to preamble, the Commission amends
standard for material changes to product coincide with the effective date of the
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chapter III of title 39 of the Code of
descriptions that is similar to the proposed change’’ introduces Federal Regulations as follows:
standard that applies to modifications of ‘‘ambiguity about the Commission’s
the product lists. See Postal Service intended action time.’’ PR Comments at Part 3020—PRODUCT LISTS
Comments at 3; PR Comments at 11. 8. The Postal Service does not comment
However, the Commission’s intent in on the Public Representative’s ■ 1. The authority citation of part 3020
establishing the standard for material suggestion. The Commission agrees with continues to read as follows:

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Authority: 39 U.S.C. 503; 3622; 3631; § 3020.82 Docket and notice of material § 3020.91 Docket and notice of minor
3642; 3682. changes to product descriptions. corrections to product descriptions.
■ 2. Revise subpart E to read as follows: (a) The Commission shall take the (a) The Commission shall take the
actions identified in paragraphs (b) actions identified in paragraphs (b)
Subpart E—Requests Initiated by the Postal
Service To Make Material Changes or Minor
through (e) of this section. through (e) of this section.
Corrections to the Mail Classification (b) Establish a docket for each request (b) Establish a docket for each
Schedule to change a product description in the proposal to correct a product
Mail Classification Schedule; description in the Mail Classification
Sec.
3020.80 Material changes to product (c) Publish notice of the request on its Schedule;
descriptions. Web site; (c) Publish notice of the proposal on
3020.81 Supporting justification for (d) Designate an officer of the its Web site;
material changes to product descriptions. Commission to represent the interests of (d) Designate an officer of the
3020.82 Docket and notice of material the general public in the docket; and Commission to represent the interests of
changes to product descriptions. (e) Provide interested persons with an the general public in the docket; and
3020.83 Commission review of material opportunity to comment on whether the
changes to product descriptions.
(e) Provide interested persons with an
proposed changes are consistent with opportunity to comment on whether the
3020.84–3020.89 [Reserved]
title 39 and applicable Commission proposed corrections are consistent with
3020.90 Minor corrections to product
descriptions. regulations. title 39 and applicable Commission
3020.91 Docket and notice of minor § 3020.83 Commission review of material regulations.
corrections to product descriptions. changes to product descriptions.
3020.92 Commission review of minor § 3020.92 Commission review of minor
corrections to product descriptions. (a) The Commission shall review the corrections to product descriptions.
request and any comments filed. The (a) The Commission shall review the
Subpart E—Requests Initiated by the Commission shall take one of the notice and any comments filed. The
Postal Service To Make Material actions identified in paragraphs (b) Commission shall take one of the
Changes or Minor Corrections to the through (g) of this section. actions identified in paragraphs (b)
Mail Classification Schedule (b) Approve the proposed changes, through (g) of this section.
subject to editorial corrections, and (b) Approve the proposed corrections,
§ 3020.80 Material changes to product change the Mail Classification Schedule
descriptions. subject to editorial corrections, and
to coincide with the effective date of the change the Mail Classification Schedule
(a) Whenever the Postal Service proposed change;
proposes material changes to a product to coincide with the effective date of the
(c) Reject the proposed changes; proposed change;
description in the Mail Classification (d) Provide the Postal Service with an
Schedule, no later than 30 days prior to (c) Reject the proposed corrections;
opportunity to amend the proposed (d) Provide the Postal Service with an
implementing the proposed changes, it changes;
shall submit to the Commission a opportunity to amend the proposed
(e) Direct the Postal Service to make
request to change the product corrections;
an appropriate filing under a different
description in the Mail Classification (e) Direct the Postal Service to make
section;
Schedule. an appropriate filing under a different
(f) Institute further proceedings; or
(b) The request shall: (g) Direct other action that the section;
(1) Include a copy of the applicable Commission considers appropriate. (f) Institute further proceedings; or
sections of the Mail Classification (g) Direct other action that the
Schedule and the proposed changes §§ 3020.84–3020.89 [Reserved] Commission considers appropriate.
therein in legislative format; and § 3020.90 Minor corrections to product By the Commission.
(2) Provide all supporting justification descriptions. Ruth Ann Abrams,
for the changes upon which the Postal Acting Secretary.
Service proposes to rely. (a) The Postal Service shall ensure
that product descriptions in the Mail [FR Doc. 2015–15198 Filed 6–19–15; 8:45 am]
§ 3020.81 Supporting justification for Classification Schedule accurately BILLING CODE 7710–FW–P
material changes to product descriptions. represent the current offerings of the
(a) Supporting justification for Postal Service.
changes to a product description in the (b) The Postal Service shall submit FEDERAL COMMUNICATIONS
Mail Classification Schedule shall minor corrections to product COMMISSION
include a description of, and rationale descriptions in the Mail Classification
for, the proposed changes to the product Schedule by filing notice with the 47 CFR Part 54
description; and the additional material Commission no later than 15 days prior
[WC Docket No. 11–42; DA 15–398]
in paragraphs (b) and (c) of this section. to the effective date of the proposed
(b)(1) As to market dominant corrections. Lifeline and Link Up Reform
products, explain why the changes are (c) The notice shall:
not inconsistent with each requirement (1) Explain why the proposed AGENCY: Federal Communications
of 39 U.S.C. 3622(d) and part 3010 of corrections do not constitute material Commission.
this chapter; or changes to the product description for ACTION: Final rule.
(2) As to competitive products, purposes of § 3020.80;
explain why the changes will not result (2) Explain why the proposed SUMMARY: In this document, the
tkelley on DSK3SPTVN1PROD with RULES

in the violation of any of the standards corrections are consistent with any Wireline Competition Bureau (Bureau)
of 39 U.S.C. 3633 and part 3015 of this applicable provisions of title 39; and clarifies rules regarding subscriber usage
chapter. (3) Include a copy of the applicable of Lifeline-supported service established
(c) Describe the likely impact that the sections of the Mail Classification in the Lifeline Reform Order. The
changes will have on users of the Schedule and the proposed corrections Bureau clarifies that, pursuant to the
product and on competitors. therein in legislative format. Lifeline Reform Order, an eligible

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Document Created: 2018-02-22 11:13:53
Document Modified: 2018-02-22 11:13:53
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective July 22, 2015.
Contact		David A. Trissell, General Counsel, at 202-789-6820.
FR Citation		80 FR 35573
CFR Associated		Administrative Practice and Procedure and Postal Service