80 FR 46214 - Periodic Reporting
POSTAL REGULATORY COMMISSION Federal Register Volume 80, Issue 149 (August 4, 2015)
Federal Register Volume 80, Issue 149 (August 4, 2015)
| Page Range | 46214-46215 | |
| FR Document | 2015-19029 |
[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)] [Proposed Rules] [Pages 46214-46215] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19029] ======================================================================= ----------------------------------------------------------------------- POSTAL REGULATORY COMMISSION 39 CFR Part 3050 [Docket No. RM2015-15; Order No. 2624] Periodic Reporting AGENCY: Postal Regulatory Commission. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Commission is noticing a recent Postal Service filing requesting that the Commission initiate an informal rulemaking proceeding to consider a change to analytical principles relating to periodic reports (Proposal Six). This notice informs the public of the filing, [[Page 46215]] invites public comment, and takes other administrative steps. DATES: Comments are due: September 2, 2015. Reply Comments are due: September 11, 2015. 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. Introduction II. Summary of Proposal III. Initial Commission Action IV. Ordering Paragraphs I. Introduction On July 27, 2015, the Postal Service filed a petition pursuant to 39 CFR 3050.11 requesting that the Commission initiate an informal rulemaking proceeding in order to consider changes in analytical principles relating to periodic reports.\1\ Proposal Six is attached to the Petition and identifies the proposed analytical method change as a change related to the methodology used for measuring the national totals of revenue, pieces, and weight in the Revenue, Pieces, and Weight (RPW) Report for Click-N-Ship (CNS) Priority Mail. The Postal Service concurrently filed a non-public library reference, along with an application for non-public treatment of materials.\2\ --------------------------------------------------------------------------- \1\ Petition of the United States Postal Service Requesting Initiation of a Proceeding to Consider a Proposed Change in Analytical Principles (Proposal Six), July 27, 2015 (Petition). \2\ Notice of Filing of USPS-RM2015-15/NP1 and Application for Nonpublic Treatment, July 27, 2015 (Notice). The Library Reference is USPS-RM2015-15/NP1--Nonpublic Material Relating to Proposal Six (Click-N-Ship). The Notice incorporates by reference the Application for Non-Public Treatment of Materials contained in Attachment Two to the United States Postal Service Fiscal Year 2014 Annual Compliance Report, December 29, 2014. Notice at 1. See 39 CFR part 3007 for information on access to non-public material. --------------------------------------------------------------------------- II. Summary of Proposal The Postal Service explains that the current RPW methodology relies on two sources for CNS: (1) CNS system census data regarding transactions involving insured extra services; and (2) statistical estimates from the Origin Destination Information System (ODIS)-RPW probability sampling system for CNS Priority mail that are not associated with insured transactions (including Priority Mail transactions where insurance is included). Petition, Proposal Six at 3. Under Proposal Six, ODIS-RPW statistical sampling estimates would be replaced with the remaining CNS system census transactional data. Id. All data for CNS would therefore be census derived from CNS system generated transactions, with the exception of flat-rate products.\3\ In addition, CNS census activity would be adjusted to reflect refunds from the corresponding time period. Id. at 5. --------------------------------------------------------------------------- \3\ Id. As weight is not required for flat-rate products within the CNS system, ODIS-RPW estimated weight per piece would be used to estimate weight for flat-rate products. Id. --------------------------------------------------------------------------- As part of the public Excel spreadsheet filed with the Petition, the Postal Service provides an example of the kind of impact that a switch to census data would have on RPW Report data from the first quarter of Fiscal Year 2015. Id. at 7-8. Table A compares current ODIS- RPW report totals to RPW totals when incorporating new census sources. Id. at 8. The results show that the CNS portion of Priority Mail revenue, volume, and weight would have decreased, respectively, by 13.7, 14.3, and 4.4 percent, while extra service revenue would have increased by 18 percent. Id. The Postal Service asserts that the proposed changes will provide ``a complete source of transaction-level data for mail piece revenue and volume characteristics, and their associated extra services needed for RPW reporting.'' Id. at 7. The Postal Service also states that the proposed changes would provide a more accurate report of flat-rate product weights and would provide a process for adjusting revenue and transactions thereby aligning them with the accounting treatment of refund revenue. Id. III. Initial Commission Action The Commission establishes Docket No. RM2015-15 for consideration of matters raised by the Petition. Additional information concerning the Petition may be accessed via the Commission's Web site at http://www.prc.gov. Interested persons may submit comments on the Petition and Proposal Six no later than September 2, 2015. Reply comments are due no later than September 11, 2015. Pursuant to 39 U.S.C. 505, Lyudmila Y. Bzhilyanskaya is designated as an officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding. IV. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. RM2015-15 for consideration of the matters raised by the Petition of the United States Postal Service Requesting Initiation of a Proceeding to Consider a Proposed Change in Analytical Principles (Proposal Six), filed July 27, 2015. 2. Comments are due no later than September 2, 2015. Reply comments are due no later than September 11, 2015. 3. Pursuant to 39 U.S.C. 505, the Commission appoints Lyudmila Y. Bzhilyanskaya to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this docket. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Shoshana M. Grove, Secretary. [FR Doc. 2015-19029 Filed 8-3-15; 8:45 am] BILLING CODE 7710-FW-P
![46214 Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Proposed Rules
§ 23.46 Compliance procedure. prior to the beginning of a hearing under administrative remedies under the Act.
(a) Treasury may enforce the Act and paragraph (a)(1) of this section. Administrative remedies are exhausted
these regulations through: (2) Treasury will not begin a deferral if:
(1) Termination of a recipient’s until the recipient has received a notice (1) 180 days have elapsed since the
federal financial assistance from of an opportunity for a hearing under complainant filed the complaint and
Treasury under the program or activity paragraph (a)(1) of this section. Treasury Treasury has made no finding with
involved where the recipient has will not continue a deferral for more regard to the complainant; or
violated the Act or these regulations. than 60 days unless a hearing has begun (2) Treasury issues any finding in
The determination of the recipient’s within that time or the time for favor of the recipient.
violation may be made only after a beginning the hearing has been (b) If Treasury fails to make a finding
recipient has had an opportunity for a extended by mutual consent of the within 180 days or issues a finding in
hearing on the record before an recipient and the Secretary. Treasury favor of the recipient, Treasury shall:
administrative law judge. will not continue a deferral for more (1) Promptly advise the complainant
(2) Any other means authorized by than 30 days after the close of the of this fact; and
law, including but not limited to: hearing, unless the hearing results in a (2) Advise the complainant of his or
(i) Referral to the Department of finding against the recipient. her right to bring a civil action for
Justice for proceedings to enforce any (3) Treasury will limit any deferral to injunctive relief; and
rights of the United States or obligations the particular recipient and particular (3) Inform the complainant:
of the recipient created by the Act or program or activity or part of such (i) That the complainant may bring a
these regulations. program or activity Treasury finds in civil action only in a United States
(ii) Use of any requirement of or violation of these regulations. Treasury district court for the district in which
referral to any federal, state, or local will not base any part of a deferral on the recipient is found or transacts
government agency that will have the a finding with respect to any program or business;
effect of correcting a violation of the Act activity of the recipient that does not, (ii) That a complainant prevailing in
or these regulations. and would not in connection with the a civil action has the right to be awarded
(b) Treasury will limit any new funds, receive federal financial the costs of the action, including
termination under § 23.46(a)(1) to the assistance from Treasury. reasonable attorney’s fee, but that the
particular recipient and particular § 23.47 Hearings, decisions, post-
complainant must demand these costs
program or activity or part of such termination proceedings. in the complaint.
program or activity Treasury finds in (iii) That before commencing the
Treasury procedural provisions for
violation of these regulations. Treasury action the complainant shall give 30
hearings, decisions, and post-
will not base any part of a termination days notice by registered mail to the
termination proceedings applicable to
on a finding with respect to any Secretary, the Secretary of HHS, the
Title VI of the Civil Rights Act of 1964
program or activity of the recipient that Attorney General of the United States,
(if and when such procedural
does not receive federal financial and the recipient.
regulations become published) shall
assistance from Treasury. (iv) That the notice must state: The
apply to Treasury enforcement of these
(c) Treasury will take no action under alleged violation of the Act; the relief
regulations. Such regulations will be
paragraph (a) of this section until: requested; the court in which the
published within title 31 of the Code of
(1) The Secretary has advised the complainant is bringing the action; and
Federal Regulations.
recipient of its failure to comply with whether or not attorney’s fees are
the Act and these regulations and has § 23.48 Remedial action by recipient. demanded in the event the complainant
determined that voluntary compliance Where Treasury finds a recipient has prevails; and
cannot be obtained. discriminated on the basis of age in (v) That the complainant may not
(2) Thirty days have elapsed after the violation of the Act or this part, the bring an action if the same alleged
Secretary has sent a written report of the recipient shall take any remedial action violation of the Act by the same
circumstances and grounds of the action that Treasury may require to overcome recipient is the subject of a pending
to the committees of Congress having the effects of the discrimination. action in any court of the United States.
legislative jurisdiction over the federal [FR Doc. 2015–19096 Filed 8–3–15; 8:45 am]
§ 23.49 Alternate funds disbursal
program or activity involved. The BILLING CODE 4810–25–P
procedure.
Secretary will file a report whenever
any action is taken under paragraph (a) (a) When Treasury withholds funds
of this section. from a recipient under these regulations,
the Secretary may disburse the withheld POSTAL REGULATORY COMMISSION
(d) Treasury also may defer granting
new federal financial assistance to a funds directly to an alternate recipient:
39 CFR Part 3050
recipient when a hearing under Any public or non-profit private
paragraph (a)(1) of this section is organization or agency, or state or [Docket No. RM2015–15; Order No. 2624]
initiated. political subdivision of the state.
(b) The Secretary will require any Periodic Reporting
(1) New federal financial assistance
alternate recipient to demonstrate:
from Treasury includes all assistance for (1) The ability to comply with these AGENCY: Postal Regulatory Commission.
which Treasury requires an application regulations; and ACTION: Notice of proposed rulemaking.
Lhorne on DSK7TPTVN1PROD with PROPOSALS
or approval, including renewal or (2) The ability to achieve the goals of
continuation of existing activities, or the federal statute authorizing the SUMMARY: The Commission is noticing a
authorization of new activities, during federal financial assistance. recent Postal Service filing requesting
the deferral period. New federal that the Commission initiate an informal
financial assistance from Treasury does § 23.50 Exhaustion of administrative rulemaking proceeding to consider a
not include increases in funding as a remedies. change to analytical principles relating
result of changed computation of (a) A complainant may file a civil to periodic reports (Proposal Six). This
formula awards or assistance approved action following the exhaustion of notice informs the public of the filing,
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![Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Proposed Rules 46215
invites public comment, and takes other with insured transactions (including 1. The Commission establishes Docket
administrative steps. Priority Mail transactions where No. RM2015–15 for consideration of the
DATES: Comments are due: September 2, insurance is included). Petition, matters raised by the Petition of the
2015. Reply Comments are due: Proposal Six at 3. Under Proposal Six, United States Postal Service Requesting
September 11, 2015. ODIS–RPW statistical sampling Initiation of a Proceeding to Consider a
ADDRESSES: Submit comments estimates would be replaced with the Proposed Change in Analytical
electronically via the Commission’s remaining CNS system census Principles (Proposal Six), filed July 27,
Filing Online system at http:// transactional data. Id. All data for CNS 2015.
www.prc.gov. Those who cannot submit would therefore be census derived from 2. Comments are due no later than
comments electronically should contact CNS system generated transactions, September 2, 2015. Reply comments are
the person identified in the FOR FURTHER with the exception of flat-rate products.3 due no later than September 11, 2015.
In addition, CNS census activity would 3. Pursuant to 39 U.S.C. 505, the
INFORMATION CONTACT section by
be adjusted to reflect refunds from the Commission appoints Lyudmila Y.
telephone for advice on filing
corresponding time period. Id. at 5. Bzhilyanskaya to serve as an officer of
alternatives.
As part of the public Excel the Commission (Public Representative)
FOR FURTHER INFORMATION CONTACT: spreadsheet filed with the Petition, the to represent the interests of the general
David A. Trissell, General Counsel, at Postal Service provides an example of public in this docket.
202–789–6820. the kind of impact that a switch to 4. The Secretary shall arrange for
SUPPLEMENTARY INFORMATION: census data would have on RPW Report publication of this order in the Federal
data from the first quarter of Fiscal Year Register.
Table of Contents
2015. Id. at 7–8. Table A compares By the Commission.
I. Introduction current ODIS–RPW report totals to RPW Shoshana M. Grove,
II. Summary of Proposal totals when incorporating new census
III. Initial Commission Action Secretary.
sources. Id. at 8. The results show that
IV. Ordering Paragraphs [FR Doc. 2015–19029 Filed 8–3–15; 8:45 am]
the CNS portion of Priority Mail
BILLING CODE 7710–FW–P
I. Introduction revenue, volume, and weight would
have decreased, respectively, by 13.7,
On July 27, 2015, the Postal Service
14.3, and 4.4 percent, while extra
filed a petition pursuant to 39 CFR DEPARTMENT OF HEALTH AND
service revenue would have increased
3050.11 requesting that the Commission HUMAN SERVICES
by 18 percent. Id.
initiate an informal rulemaking The Postal Service asserts that the
proceeding in order to consider changes proposed changes will provide ‘‘a Centers for Medicare & Medicaid
in analytical principles relating to complete source of transaction-level Services
periodic reports.1 Proposal Six is data for mail piece revenue and volume
attached to the Petition and identifies characteristics, and their associated 42 CFR Parts 409, 424, and 484
the proposed analytical method change extra services needed for RPW [CMS–1625–CN]
as a change related to the methodology reporting.’’ Id. at 7. The Postal Service
used for measuring the national totals of RIN 0938–AS46
also states that the proposed changes
revenue, pieces, and weight in the would provide a more accurate report of
Revenue, Pieces, and Weight (RPW) Medicare and Medicaid Programs; CY
flat-rate product weights and would 2016 Home Health Prospective
Report for Click-N-Ship (CNS) Priority provide a process for adjusting revenue
Mail. The Postal Service concurrently Payment System Rate Update; Home
and transactions thereby aligning them Health Value-Based Purchasing Model;
filed a non-public library reference, with the accounting treatment of refund
along with an application for non-public and Home Health Quality Reporting
revenue. Id. Requirements; Correction
treatment of materials.2
III. Initial Commission Action AGENCY: Centers for Medicare &
II. Summary of Proposal
The Commission establishes Docket Medicaid Services (CMS), HHS.
The Postal Service explains that the No. RM2015–15 for consideration of ACTION: Proposed rule; correction.
current RPW methodology relies on two matters raised by the Petition.
sources for CNS: (1) CNS system census Additional information concerning the SUMMARY: This document corrects
data regarding transactions involving Petition may be accessed via the technical errors in the proposed rule
insured extra services; and (2) statistical Commission’s Web site at http:// that appeared in the July 10, 2015
estimates from the Origin Destination www.prc.gov. Interested persons may Federal Register entitled ‘‘Medicare and
Information System (ODIS)–RPW submit comments on the Petition and Medicaid Programs; CY 2016 Home
probability sampling system for CNS Proposal Six no later than September 2, Health Prospective Payment System
Priority mail that are not associated 2015. Reply comments are due no later Rate Update; Home Health Value-Based
than September 11, 2015. Pursuant to 39 Purchasing Model; and Home Health
1 Petition of the United States Postal Service
U.S.C. 505, Lyudmila Y. Bzhilyanskaya Quality Reporting Requirements.’’
Requesting Initiation of a Proceeding to Consider a
Proposed Change in Analytical Principles (Proposal
is designated as an officer of the DATES: Comments on the proposed rule
Six), July 27, 2015 (Petition). Commission (Public Representative) to published on July 10, 2015 (80 FR
2 Notice of Filing of USPS–RM2015–15/NP1 and represent the interests of the general 39839), continue to be accepted until
Lhorne on DSK7TPTVN1PROD with PROPOSALS
Application for Nonpublic Treatment, July 27, 2015 public in this proceeding. September 4, 2015.
(Notice). The Library Reference is USPS–RM2015–
15/NP1—Nonpublic Material Relating to Proposal IV. Ordering Paragraphs FOR FURTHER INFORMATION CONTACT:
Six (Click-N-Ship). The Notice incorporates by Hillary Loeffler, (410) 786–0456.
reference the Application for Non-Public Treatment It is ordered:
SUPPLEMENTARY INFORMATION:
of Materials contained in Attachment Two to the
United States Postal Service Fiscal Year 2014 3 Id. As weight is not required for flat-rate
I. Background
Annual Compliance Report, December 29, 2014. products within the CNS system, ODIS–RPW
Notice at 1. See 39 CFR part 3007 for information estimated weight per piece would be used to In FR Doc. 2015–16790, published in
on access to non-public material. estimate weight for flat-rate products. Id. the Federal Register of July 10, 2015 (80
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Document Created: 2015-12-18 14:51:30
Document Modified: 2015-12-18 14:51:30
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments are due: September 2, 2015. Reply Comments are due: September 11, 2015. | |
| Contact | David A. Trissell, General Counsel, at 202-789-6820. | |
| FR Citation | 80 FR 46214 |
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