81 FR 38952 - Mail Classification Schedule
POSTAL REGULATORY COMMISSION Federal Register Volume 81, Issue 115 (June 15, 2016)
Federal Register Volume 81, Issue 115 (June 15, 2016)
| Page Range | 38952-38957 | |
| FR Document | 2016-14171 |
[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)] [Rules and Regulations] [Pages 38952-38957] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14171] ======================================================================= ----------------------------------------------------------------------- POSTAL REGULATORY COMMISSION 39 CFR Part 3020 [Docket No. RM2016-8; Order No. 3360] Mail Classification Schedule AGENCY: Postal Regulatory Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Commission is issuing a set of final rules amending existing rules related to the Mail Classification Schedule and its associated product lists. The final rules revise some existing rules in order to better conform with current Commission practices related to the Mail Classification Schedule. Relative to the proposed rules, one change was made for clarification purposes. No other proposed rules were changed. DATES: Effective July 15, 2016. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202-789-6820. SUPPLEMENTARY INFORMATION: Regulatory History 81 FR 21506, April 12, 2016 Table of Contents I. Introduction II. Comments and Discussion III. Ordering Paragraphs I. Introduction On April 6, 2016, the Postal Regulatory Commission (Commission) issued a Notice of Proposed Rulemaking Concerning Product Lists and the Mail Classification Schedule, April 6, 2016.\1\ The Commission proposed rules to fulfill its responsibilities under the Postal Accountability and Enhancement Act (PAEA), Public Law 109-435, 120 Stat. 3198 (2006). The rulemaking proposes to replace existing 39 CFR part 3020, subpart A in its entirety, and make conforming changes to 39 CFR part 3020, subparts B, C, and D. --------------------------------------------------------------------------- \1\ Notice of Proposed Rulemaking Concerning Product Lists and the Mail Classification Schedule, April 6, 2016 (Order No. 3213); see also 81 FR 21506 (April 12, 2016). --------------------------------------------------------------------------- The rulemaking proposes to amend existing rules concerning the Mail Classification Schedule (MCS) and the associated market dominant and competitive product lists to conform to the current practice of publishing the MCS on the Commission's Web site at www.prc.gov, noticing changes to the market dominant and competitive product lists in the Federal Register, and publishing the market dominant and competitive product lists in the Code of Federal Regulations (CFR). The Public Representative and the Postal Service filed comments in response to Order No. 3213.\2\ The commenters were generally supportive of the proposed rules. The commenters also included suggestions for improvements and sought minor clarification on various aspects of the proposed rules. --------------------------------------------------------------------------- \2\ Public Representative Comments on Proposed Rulemaking Concerning Product Lists and the Mail Classification Schedule, May 12, 2016 (PR Comments); United Stated Postal Service Comments on Proposed Rules Concerning Product Lists and the Mail Classification Schedule, May 12, 2016 (Postal Service Comments). --------------------------------------------------------------------------- The Commission adopts the proposed rules as final rules with one minor clarification added to proposed Sec. 3020.5(a). II. Comments and Discussion A. Public Representative Comments The Public Representative generally supports adoption of the proposed rules and presents several suggestions for improvement. The Public Representative states it appears that the Commission's intent is to publish updates to the product lists in the CFR on a quarterly basis. PR Comments at 2. He bases this assumption on the following: The current practice of the Commission is to accumulate all final orders involving changes to product lists and to file a product list update with the Federal Register on a quarterly basis. Order No. 3213 at 7. Regardless, he notes that proposed Sec. 3020.3(b) does not expressly state that updates will occur on a quarterly basis. He suggests the addition of the word ``quarterly'' to the proposed rule such that it reads: ``Notice shall be submitted `quarterly' to the Federal Register for publication within 6 months of the issue date of the applicable final order that affects the change.'' PR Comments at 2. The Commission intends to publish updates to the product lists appearing in the CFR on a quarterly basis. A further goal is to publish updates within one week of the close of each fiscal quarter. However, the Commission chooses not to make quarterly publication a rigid requirement, as would be the case if the word ``quarterly'' was added to the rule. Experience has shown that the press of more important business occasionally takes precedence over producing the quarterly updates. Although the quarterly updates are an important recordkeeping function that provides visibility into current Postal Service product offerings, publication does not directly affect the substantive rights of [[Page 38953]] any interested persons and may be delayed when necessary.\3\ --------------------------------------------------------------------------- \3\ The Commission's position is that Commission orders issued within its jurisdiction are binding upon the Postal Service when issued, unless challenged pursuant to 39 U.S.C. 3663. Order No. 3213 at 7. The quarterly updates merely represent the effect of previously issued Commission orders. --------------------------------------------------------------------------- The Public Representative states that proposed Sec. 3020.5(a) may be interpreted to require the Commission to ``immediately'' update the MCS whenever the Commission issues a final order to update the MCS. PR Comments at 2. However, proposed Sec. 3020.5(a) states that ``Modification to the Mail Classification Schedule shall be incorporated within 3 months of the issue date of the final order.'' The Public Representative suggests clarifying proposed Sec. 3020.5(a) by adding the phrase ``in accordance with section (b)'' such that it reads: ``Whenever the Postal Regulatory Commission issues a final order that modifies the Mail Classification Schedule, it shall update the Mail Classification Schedule appearing on its Web site at http://www.prc.gov `in accordance with section (b).' '' Id. The Commission will modify Sec. 3020.5(a) to read: ``Whenever the Postal Regulatory Commission issues a final order that modifies the Mail Classification Schedule, it shall update the Mail Classification Schedule appearing on its Web site at http://www.prc.gov in accordance with paragraph (b) of this section.'' The Public Representative reminds the Commission that appendices A and B, containing the market dominant and competitive product lists appearing in the proposed rules, may not be up to date as of the time the final rule is issued. He suggests that product lists, current as of the time the final order is issued in this docket, appear in the final order. Id. The Commission has established a quarterly update schedule for product lists. Administratively, it is most efficient for the Commission to adhere to that schedule.\4\ Thus, the product lists that appear in the final rule will be equivalent to the product lists that appear in the CFR at the time the final rule is issued. The next comprehensive update is scheduled for July of 2016. --------------------------------------------------------------------------- \4\ A significant amount of tracking information indicating the source of product list changes appears in the quarterly update notices. Including the tracking information in this Order would be confusing and therefore not appropriate at this time. --------------------------------------------------------------------------- B. Postal Service Comments The Postal Service supports the Commission's general approach of including the product lists, but not the MCS, in the CFR. Postal Service Comments at 2. Additionally, the Postal Service seeks further clarification of two aspects of the proposals. The Postal Service observes that proposed Sec. 3020.1(b) includes new references to 39 U.S.C. 404(e) (nonpostal services) and 39 U.S.C. 3641 (market tests). Postal Service Comments at 3. Furthermore, it states that the MCS currently requires identification of products that are either nonpostal services or market tests. Id. at 3-4. The Postal Service is concerned by the description appearing in Order No. 3213, in regard to these new statutory references. Specifically, it expresses concern with the use of ``expands upon'' in the description, as it could create unnecessary confusion. Id. at 4. Proposed Sec. 3020.1(b) replaces existing Sec. 3020.1(a). Both specify that the starting point for the product lists are the market dominant products identified in 39 U.S.C. 3621(a) and the competitive products identified in 39 U.S.C. 3631(a). Proposed Sec. 3020.1(b) expands upon this requirement by including products within the product lists identified as market tests pursuant to 39 U.S.C. 3641 and nonpostal pursuant to 39 U.S.C. 404(e). This flows from the requirement for the Postal Service to properly categorize market tests as either market dominant or competitive (39 U.S.C. 3641(b)(2)) and the Commission to properly categorize nonpostal services as either market dominant or competitive (39 U.S.C. 404(e)(5)). Order No. 3213 at 5-6 [emphasis added, footnote omitted]. The Commission's intent of including citations to the statutory authority for nonpostal services or market tests is not to expand upon or otherwise affect the substantive requirements, or the scope of Commission review, relating to these types of products. The inclusion only expands upon the description appearing in existing Sec. 3020.1(a) of the types of products that are intended to appear on product lists and in the MCS.\5\ There is no change to current practice. --------------------------------------------------------------------------- \5\ Existing Sec. 3020.13 already includes nonpostal services and market tests in product lists and the MCS. --------------------------------------------------------------------------- The Postal Service contends that it is duplicative to require the inclusion of size and weight limitations in the MCS in both proposed Sec. 3020.4(b) and in existing Sec. 3020.110. Postal Service Comments at 4. It suggests either deleting existing Sec. 3020.11, or cross- referencing Sec. 3020.110 in Sec. 3020.4(b). Id. at 4-5. Proposed Sec. 3020.4(b)(2)(ii)(A) and Sec. 3020.4(b)(3)(ii)(A) read: Where applicable, the general characteristics, size and weight limitations, minimum volume requirements, price categories, and available optional features of each market dominant product. Order No. 3213 at 12-13. Existing Sec. 3020.110 reads: Applicable size and weight limitations for mail matter shall appear in the Mail Classification Schedule as part of the description of each product. 39 CFR 3020.110, subpart F. The Commission concurs that the requirements appear duplicative, but will not make any changes at this time. The requirements are consistent with each other. However, as explained below, the underlying source for each requirement is different. Any potential confusion should be minimal. The requirements of proposed Sec. 3020.4(b)(2)(ii)(A) and Sec. 3020.4(b)(3)(ii)(A) reflect useful information that historically has been included in mail classification schedules. It is appropriate to include a general synopsis of all material that will appear in the MCS in one section of the regulations. The requirements of Sec. 3020.110 et seq. were written in direct response to the new requirements of 39 U.S.C. 3682. This statutory provision requires, among other things, the Commission to prescribe rules for Postal Service requests to establish size and weight limitations for mail matter in the market dominant category of mail. Section 3020.110 points to the source of the material (the MCS) that all of Sec. 3020.110 et seq. addresses. Deleting Sec. 3020.110 would potentially make the remainder of that subpart unclear.\6\ --------------------------------------------------------------------------- \6\ While adding a cross-reference to proposed Sec. 3020.4(b)(2)(ii)(A) and Sec. 3020.4(b)(3)(ii)(A) may not be technically incorrect, it may diminish the distinction that the Commission is attempting to preserve, which is that 39 U.S.C. 3682 is the source for the regulations appearing in Sec. 3020.110 et seq. --------------------------------------------------------------------------- III. 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. 3. Docket No. RM2016-8 is hereby closed. List of Subjects in 39 CFR Part 3020 Administrative practice and procedure. 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 for part 3020 continues to read as follows: [[Page 38954]] Authority: 39 U.S.C. 503; 3622; 3631; 3642; 3682. 0 2. Revise subpart A to read as follows: Subpart A--Product Lists and the Mail Classification Schedule Sec. 3020.1 Applicability. 3020.2 Product lists. 3020.3 Notice of product list change. 3020.4 Mail Classification Schedule. 3020.5 Modifications to the Mail Classification Schedule. Appendix A to Subpart A of Part 3020--Market Dominant Product List Appendix B to Subpart A of Part 3020--Competitive Product List Sec. 3020.1 Applicability. (a) The rules in this part require the Postal Regulatory Commission to establish and maintain lists of Postal Service products and a Mail Classification Schedule. (b) The product lists shall categorize postal products as either market dominant or competitive. As established, the market dominant and competitive product lists shall be consistent with the market dominant products identified in 39 U.S.C. 3621(a) and the competitive products identified in 39 U.S.C. 3631(a). The market dominant and competitive product lists shall also include products identified as market tests pursuant to 39 U.S.C. 3641 and nonpostal pursuant to 39 U.S.C. 404(e). (c) The Mail Classification Schedule shall provide current price and classification information applicable to the products appearing on the market dominant and competitive product lists. (d) Once established, the product lists and the Mail Classification Schedule may be modified subject to the procedures specified in this part. Sec. 3020.2 Product lists. (a) Market Dominant Product List. The market dominant product list shall be published in the Federal Register at Appendix A to subpart A of part 3020--Market Dominant Product List. (b) Competitive Product List. The competitive product list shall be published in the Federal Register at Appendix B to subpart A of part 3020--Competitive Product List. Sec. 3020.3 Notice of product list change. (a) Whenever the Postal Regulatory Commission issues a final order that modifies the list of products in the market dominant category or the competitive category, it shall cause notice of such change to be published in the Federal Register. (b) Notice shall be submitted to the Federal Register for publication within 6 months of the issue date of the applicable final order that affects the change. (c) Modifications pending publication in the Federal Register are effective immediately upon written direction from the Postal Regulatory Commission. (d) The Federal Register document shall: (1) Identify modifications to the current list of market dominant products and the current list of competitive products; and (2) Indicate how and when the previous product lists have been modified. Sec. 3020.4 Mail Classification Schedule. (a) The Postal Regulatory Commission shall publish a Mail Classification Schedule (including both current and previous versions) on its Web site at http://www.prc.gov. Copies of the Mail Classification Schedule also shall be available during regular business hours for reference and public inspection at the Postal Regulatory Commission located at 901 New York Avenue NW., Suite 200, Washington, DC 20268-0001. (b) The Mail Classification Schedule shall include, but shall not be limited to: (1) Front matter, including: (i) A cover page identifying the title of the document as the Mail Classification Schedule, the source of the document as the Postal Regulatory Commission (including Commission seal), and the publication date; (ii) A table of contents; (iii) A table specifying the revision history of the Mail Classification Schedule; and (iv) A table identifying Postal Service trademarks; and (2) Information concerning market dominant products, including: (i) A copy of the Market Dominant Product List; (ii) Descriptions of each market dominant product organized by the class of product, including: (A) Where applicable, the general characteristics, size and weight limitations, minimum volume requirements, price categories, and available optional features of each market dominant product; (B) A schedule listing the rates and fees for each market dominant product; (C) Where applicable, the identification of a product as a special classification within the meaning of 39 U.S.C. 3622(c)(10) for market dominant products; (D) Where applicable, the identification of a product as an experimental product undergoing a market test; and (E) Where applicable, the identification of a product as a nonpostal product; and (3) Information concerning competitive products, including: (i) A copy of the competitive product list; and (ii) Descriptions of each competitive product, including: (A) Where applicable, the general characteristics, size and weight limitations, minimum volume requirements, price categories, and available optional features of each competitive product; (B) A schedule listing the current rates and fees for each competitive product of general applicability; (C) The identification of each product not of general applicability within the meaning of 39 U.S.C. 3632(b)(3) for competitive products; (D) Where applicable, the identification of a product as an experimental product undergoing a market test; and (E) Where applicable, the identification of a product as a nonpostal product; and (4) A glossary of terms and conditions; and (5) A list of country codes for international mail prices. Sec. 3020.5 Modifications to the Mail Classification Schedule. (a) Whenever the Postal Regulatory Commission issues a final order that modifies the Mail Classification Schedule, it shall update the Mail Classification Schedule appearing on its Web site at http://www.prc.gov in accordance with paragraph (b) of this section. (b) Modification to the Mail Classification Schedule shall be incorporated within 3 months of the issue date of the final order. (c) Modifications pending incorporation into the Mail Classification Schedule are effective immediately upon written direction from the Postal Regulatory Commission. Appendix A to Subpart A of Part 3020--Market Dominant Product List (An asterisk (*) indicates an organizational group, not a Postal Service product.) First-Class Mail * Single-Piece Letters/Postcards Presorted Letters/Postcards Flats Parcels Outbound Single-Piece First-Class Mail International Inbound Letter Post Standard Mail (Commercial and Nonprofit) * High Density and Saturation Letters High Density and Saturation Flats/Parcels Carrier Route [[Page 38955]] Letters Flats Parcels Every Door Direct Mail--Retail Periodicals * In-County Periodicals Outside County Periodicals Package Services * Alaska Bypass Service Bound Printed Matter Flats Bound Printed Matter Parcels Media Mail/Library Mail Special Services * Ancillary Services International Ancillary Services Address Management Services Caller Service Credit Card Authentication International Reply Coupon Service International Business Reply Mail Service Money Orders Post Office Box Service Customized Postage Stamp Fulfillment Services Negotiated Service Agreements * Domestic * PHI Acquisitions, Inc. Negotiated Service Agreement International * Inbound Market Dominant Multi-Service Agreements with Foreign Postal Operators 1 Inbound Market Dominant Expr[eacute]s Service Agreement 1 Nonpostal Services * Alliances with the Private Sector to Defray Cost of Key Postal Functions Philatelic Sales Market Tests * Appendix B to Subpart A of Part 3020--Competitive Product List (An asterisk (*) indicates an organizational class or group, not a Postal Service product.) Domestic Products * Priority Mail Express Priority Mail Parcel Select Parcel Return Service First-Class Package Service Retail Ground International Products * Outbound International Expedited Services Inbound Parcel Post (at UPU rates) Outbound Priority Mail International International Priority Airmail (IPA) International Surface Air List (ISAL) International Direct Sacks--M-Bags Outbound Single-Piece First-Class Package International Service Negotiated Service Agreements * Domestic * Priority Mail Express Contract 8 Priority Mail Express Contract 15 Priority Mail Express Contract 16 Priority Mail Express Contract 17 Priority Mail Express Contract 18 Priority Mail Express Contract 19 Priority Mail Express Contract 20 Priority Mail Express Contract 21 Priority Mail Express Contract 22 Priority Mail Express Contract 23 Priority Mail Express Contract 24 Priority Mail Express Contract 25 Priority Mail Express Contract 26 Priority Mail Express Contract 27 Priority Mail Express Contract 28 Priority Mail Express Contract 29 Priority Mail Express Contract 30 Priority Mail Express Contract 31 Priority Mail Express Contract 32 Priority Mail Express Contract 33 Priority Mail Express Contract 34 Priority Mail Express Contract 35 Parcel Return Service Contract 5 Parcel Return Service Contract 6 Parcel Return Service Contract 7 Parcel Return Service Contract 8 Parcel Return Service Contract 9 Parcel Return Service Contract 10 Priority Mail Contract 24 Priority Mail Contract 29 Priority Mail Contract 56 Priority Mail Contract 57 Priority Mail Contract 58 Priority Mail Contract 59 Priority Mail Contract 60 Priority Mail Contract 61 Priority Mail Contract 62 Priority Mail Contract 63 Priority Mail Contract 64 Priority Mail Contract 65 Priority Mail Contract 66 Priority Mail Contract 67 Priority Mail Contract 70 Priority Mail Contract 71 Priority Mail Contract 72 Priority Mail Contract 73 Priority Mail Contract 74 Priority Mail Contract 75 Priority Mail Contract 76 Priority Mail Contract 77 Priority Mail Contract 78 Priority Mail Contract 79 Priority Mail Contract 80 Priority Mail Contract 81 Priority Mail Contract 82 Priority Mail Contract 83 Priority Mail Contract 84 Priority Mail Contract 85 Priority Mail Contract 86 Priority Mail Contract 87 Priority Mail Contract 88 Priority Mail Contract 89 Priority Mail Contract 90 Priority Mail Contract 91 Priority Mail Contract 92 Priority Mail Contract 93 Priority Mail Contract 94 Priority Mail Contract 95 Priority Mail Contract 96 Priority Mail Contract 97 Priority Mail Contract 98 Priority Mail Contract 99 Priority Mail Contract 100 Priority Mail Contract 101 Priority Mail Contract 102 Priority Mail Contract 103 Priority Mail Contract 104 Priority Mail Contract 105 Priority Mail Contract 106 Priority Mail Contract 107 Priority Mail Contract 108 Priority Mail Contract 109 Priority Mail Contract 110 Priority Mail Contract 111 Priority Mail Contract 112 Priority Mail Contract 113 Priority Mail Contract 114 Priority Mail Contract 115 Priority Mail Contract 116 Priority Mail Contract 117 Priority Mail Contract 118 Priority Mail Contract 119 Priority Mail Contract 120 Priority Mail Contract 121 Priority Mail Contract 122 Priority Mail Contract 123 Priority Mail Contract 124 Priority Mail Contract 125 Priority Mail Contract 126 Priority Mail Contract 127 Priority Mail Contract 128 Priority Mail Contract 129 Priority Mail Contract 130 Priority Mail Contract 131 Priority Mail Contract 132 Priority Mail Contract 133 Priority Mail Contract 134 Priority Mail Contract 135 Priority Mail Contract 136 Priority Mail Contract 137 Priority Mail Contract 138 Priority Mail Contract 139 Priority Mail Contract 140 Priority Mail Contract 141 Priority Mail Contract 142 Priority Mail Contract 143 Priority Mail Contract 144 Priority Mail Contract 145 Priority Mail Contract 146 Priority Mail Contract 147 Priority Mail Contract 148 Priority Mail Contract 149 Priority Mail Contract 150 Priority Mail Contract 151 Priority Mail Contract 152 Priority Mail Contract 153 Priority Mail Contract 154 Priority Mail Contract 155 Priority Mail Contract 156 Priority Mail Contract 157 Priority Mail Contract 158 Priority Mail Contract 159 Priority Mail Contract 160 Priority Mail Contract 161 Priority Mail Contract 162 Priority Mail Contract 163 Priority Mail Contract 164 Priority Mail Contract 165 Priority Mail Contract 166 Priority Mail Contract 167 Priority Mail Contract 168 Priority Mail Contract 169 Priority Mail Contract 170 Priority Mail Contract 171 Priority Mail Contract 172 Priority Mail Contract 173 Priority Mail Contract 174 Priority Mail Contract 175 Priority Mail Contract 176 Priority Mail Contract 177 Priority Mail Contract 178 Priority Mail Contract 179 Priority Mail Contract 180 Priority Mail Contract 181 Priority Mail Contract 182 Priority Mail Contract 183 Priority Mail Contract 184 Priority Mail Contract 185 Priority Mail Contract 186 Priority Mail Contract 187 Priority Mail Contract 188 Priority Mail Contract 189 Priority Mail Contract 190 Priority Mail Contract 191 Priority Mail Contract 192 Priority Mail Contract 193 [[Page 38956]] Priority Mail Contract 194 Priority Mail Contract 195 Priority Mail Contract 196 Priority Mail Contract 197 Priority Mail Contract 198 Priority Mail Contract 199 Priority Mail Contract 200 Priority Mail Contract 201 Priority Mail Contract 202 Priority Mail Contract 203 Priority Mail Express & Priority Mail Contract 10 Priority Mail Express & Priority Mail Contract 12 Priority Mail Express & Priority Mail Contract 13 Priority Mail Express & Priority Mail Contract 14 Priority Mail Express & Priority Mail Contract 16 Priority Mail Express & Priority Mail Contract 17 Priority Mail Express & Priority Mail Contract 18 Priority Mail Express & Priority Mail Contract 19 Priority Mail Express & Priority Mail Contract 20 Priority Mail Express & Priority Mail Contract 21 Priority Mail Express & Priority Mail Contract 22 Priority Mail Express & Priority Mail Contract 23 Priority Mail Express & Priority Mail Contract 24 Priority Mail Express & Priority Mail Contract 25 Priority Mail Express & Priority Mail Contract 26 Priority Mail Express & Priority Mail Contract 27 Priority Mail Express & Priority Mail Contract 28 Parcel Select & Parcel Return Service Contract 3 Parcel Select & Parcel Return Service Contract 5 Parcel Select Contract 2 Parcel Select Contract 5 Parcel Select Contract 7 Parcel Select Contract 8 Parcel Select Contract 9 Parcel Select Contract 10 Parcel Select Contract 11 Parcel Select Contract 12 Parcel Select Contract 13 Parcel Select Contract 14 Priority Mail--Non-Published Rates Priority Mail--Non-Published Rates 1 First-Class Package Service Contract 35 First-Class Package Service Contract 36 First-Class Package Service Contract 37 First-Class Package Service Contract 38 First-Class Package Service Contract 39 First-Class Package Service Contract 40 First-Class Package Service Contract 41 First-Class Package Service Contract 42 First-Class Package Service Contract 43 First-Class Package Service Contract 44 First-Class Package Service Contract 45 First-Class Package Service Contract 46 First-Class Package Service Contract 47 Priority Mail Express, Priority Mail & First-Class Package Service Contract 2 Priority Mail Express, Priority Mail & First-Class Package Service Contract 3 Priority Mail Express, Priority Mail & First-Class Package Service Contract 4 Priority Mail Express, Priority Mail & First-Class Package Service Contract 5 Priority Mail Express, Priority Mail & First-Class Package Service Contract 6 Priority Mail Express, Priority Mail & First-Class Package Service Contract 7 Priority Mail Express, Priority Mail & First-Class Package Service Contract 8 Priority Mail Express, Priority Mail & First-Class Package Service Contract 9 Priority Mail & First-Class Package Service Contract 2 Priority Mail & First-Class Package Service Contract 3 Priority Mail & First-Class Package Service Contract 4 Priority Mail & First-Class Package Service Contract 5 Priority Mail & First-Class Package Service Contract 6 Priority Mail & First-Class Package Service Contract 7 Priority Mail & First-Class Package Service Contract 8 Priority Mail & First-Class Package Service Contract 9 Priority Mail & First-Class Package Service Contract 10 Priority Mail & First-Class Package Service Contract 11 Priority Mail & First-Class Package Service Contract 12 Priority Mail & First-Class Package Service Contract 13 Priority Mail & First-Class Package Service Contract 14 Priority Mail & First-Class Package Service Contract 15 Priority Mail & First-Class Package Service Contract 16 Priority Mail & Parcel Select Contract 1 Outbound International * Global Expedited Package Services (GEPS) Contracts GEPS 3 Global Bulk Economy (GBE) Contracts Global Plus Contracts Global Plus 1C Global Plus 2C Global Reseller Expedited Package Contracts Global Reseller Expedited Package Services 1 Global Reseller Expedited Package Services 2 Global Reseller Expedited Package Services 3 Global Reseller Expedited Package Services 4 Global Expedited Package Services (GEPS)--Non-Published Rates Global Expedited Package Services (GEPS)--Non-Published Rates 2 Global Expedited Package Services (GEPS)--Non-Published Rates 3 Global Expedited Package Services (GEPS)--Non-Published Rates 4 Global Expedited Package Services (GEPS)--Non-Published Rates 5 Global Expedited Package Services (GEPS)--Non-Published Rates 6 Global Expedited Package Services (GEPS)--Non-Published Rates 7 Global Expedited Package Services (GEPS)--Non-Published Rates 8 Global Expedited Package Services (GEPS)--Non-Published Rates 9 Global Expedited Package Services (GEPS)--Non-Published Rates 10 Priority Mail International Regional Rate Boxes--Non-Published Rates Outbound Competitive International Merchandise Return Service Agreement with Royal Mail Group, Ltd. Priority Mail International Regional Rate Boxes Contracts Priority Mail International Regional Rate Boxes Contracts 1 Competitive International Merchandise Return Service Agreements with Foreign Postal Operators Competitive International Merchandise Return Service Agreements with Foreign Postal Operators 1 Competitive International Merchandise Return Service Agreements with Foreign Postal Operators 2 Inbound International* International Business Reply Service (IBRS) Competitive Contracts International Business Reply Service Competitive Contract 1 International Business Reply Service Competitive Contract 3 Inbound Direct Entry Contracts with Customers Inbound Direct Entry Contracts with Foreign Postal Administrations Inbound Direct Entry Contracts with Foreign Postal Administrations Inbound Direct Entry Contracts with Foreign Postal Administrations 1 Inbound EMS Inbound EMS 2 Inbound Air Parcel Post (at non-UPU rates) Royal Mail Group Inbound Air Parcel Post Agreement Inbound Competitive Multi-Service Agreements with Foreign Postal Operators 1 Special Services* Address Enhancement Services Greeting Cards, Gift Cards, and Stationery International Ancillary Services International Money Transfer Service--Outbound International Money Transfer Service--Inbound Premium Forwarding Service Shipping and Mailing Supplies Post Office Box Service Competitive Ancillary Services Nonpostal Services* Advertising Licensing of Intellectual Property other than Officially Licensed Retail Products (OLRP) Mail Service Promotion Officially Licensed Retail Products (OLRP) Passport Photo Service Photocopying Service Rental, Leasing, Licensing or other Non-Sale Disposition of Tangible Property Training Facilities and Related Services USPS Electronic Postmark (EPM) Program Market Tests* International Merchandise Return Service (IMRS)--Non-Published Rates Customized Delivery [[Page 38957]] Subpart B--Requests Initiated by the Postal Service To Modify the Product Lists 0 3. Revise the heading of subpart B to read as set forth above. 0 4. Revise Sec. 3020.30 to read as follows: Sec. 3020.30 General. The Postal Service, by filing a request with the Commission, may propose a modification to the market dominant product list or the competitive product list. For purposes of this part, modification shall be defined as adding a product to a list, removing a product from a list, or moving a product from one list to the other list. Subpart C--Requests Initiated by Users of the Mail to Modify the Product Lists 0 5. Revise the heading of subpart C to read as set forth above. 0 6. Revise Sec. 3020.50 to read as follows: Sec. 3020.50 General. Users of the mail, by filing a request with the Commission, may propose a modification to the market dominant product list or the competitive product list. For purposes of this part, modification shall be defined as adding a product to a list, removing a product from a list, or transferring a product from one list to the other list. Subpart D--Proposal of the Commission to Modify the Product Lists 0 7. Revise the heading of subpart D to read as set forth above. Subpart D--Proposal of the Commission to Modify the Product Lists 0 8. Revise Sec. 3020.70 to read as follows: Sec. 3020.70 General. The Commission, of its own initiative, may propose a modification to the market dominant product list or the competitive product list. For purposes of this part, modification shall be defined as adding a product to a list, removing a product from a list, or transferring a product from one list to the other list. By the Commission. Stacy L. Ruble, Secretary. [FR Doc. 2016-14171 Filed 6-14-16; 8:45 am] BILLING CODE 7710-FW-P
![38952 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations
ADDRESSES: The docket for this POSTAL REGULATORY COMMISSION The Public Representative and the
deviation, [USCG–2016–0497] is Postal Service filed comments in
available at http://www.regulations.gov. 39 CFR Part 3020 response to Order No. 3213.2 The
Type the docket number in the [Docket No. RM2016–8; Order No. 3360]
commenters were generally supportive
‘‘SEARCH’’ box and click ‘‘SEARCH’’. of the proposed rules. The commenters
Click on Open Docket Folder on the line Mail Classification Schedule also included suggestions for
associated with this deviation. improvements and sought minor
AGENCY: Postal Regulatory Commission. clarification on various aspects of the
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary ACTION: Final rule. proposed rules.
deviation, call or email Mr. Hal R. Pitts, The Commission adopts the proposed
SUMMARY: The Commission is issuing a rules as final rules with one minor
Bridge Administration Branch Fifth set of final rules amending existing rules
District, Coast Guard, telephone 757– clarification added to proposed
related to the Mail Classification § 3020.5(a).
398–6222, email Hal.R.Pitts@uscg.mil. Schedule and its associated product
SUPPLEMENTARY INFORMATION: Atlantic lists. The final rules revise some II. Comments and Discussion
County, NJ, that owns and operates the existing rules in order to better conform A. Public Representative Comments
Green Bank Bridge (Green Bank Road/ with current Commission practices
CR563), has requested a temporary related to the Mail Classification The Public Representative generally
deviation from the current operating Schedule. Relative to the proposed supports adoption of the proposed rules
regulations to perform urgent repairs to rules, one change was made for and presents several suggestions for
the bridge operating machinery. The clarification purposes. No other improvement.
bridge is a bascule draw bridge and has proposed rules were changed. The Public Representative states it
a vertical clearance in the closed DATES: Effective July 15, 2016. appears that the Commission’s intent is
position of 5 feet above mean high FOR FURTHER INFORMATION CONTACT:
to publish updates to the product lists
water. David A. Trissell, General Counsel, at in the CFR on a quarterly basis. PR
The current operating schedule is set 202–789–6820. Comments at 2. He bases this
out in 33 CFR 117.731(b). Under this assumption on the following:
SUPPLEMENTARY INFORMATION:
temporary deviation, the bridge will The current practice of the Commission is
remain in the closed-to-navigation Regulatory History to accumulate all final orders involving
position from 7:30 a.m. on June 20, 81 FR 21506, April 12, 2016 changes to product lists and to file a product
2016, through 3:30 p.m. on June 23, list update with the Federal Register on a
2016. At all other times the bridge will Table of Contents quarterly basis.
operate per 33 CFR 117.731(b). I. Introduction Order No. 3213 at 7. Regardless, he
The Mullica River is used by a variety II. Comments and Discussion notes that proposed § 3020.3(b) does not
of vessels including small U.S. III. Ordering Paragraphs expressly state that updates will occur
government vessels, small commercial I. Introduction on a quarterly basis. He suggests the
vessels, and recreational vessels. The addition of the word ‘‘quarterly’’ to the
Coast Guard has carefully considered On April 6, 2016, the Postal proposed rule such that it reads: ‘‘Notice
the nature and volume of vessel traffic Regulatory Commission (Commission) shall be submitted ‘quarterly’ to the
on the waterway in publishing this issued a Notice of Proposed Rulemaking Federal Register for publication within
temporary deviation. Concerning Product Lists and the Mail 6 months of the issue date of the
Classification Schedule, April 6, 2016.1 applicable final order that affects the
Vessels able to pass through the
The Commission proposed rules to change.’’ PR Comments at 2.
bridge in the closed position may do so.
fulfill its responsibilities under the The Commission intends to publish
The bridge will not be able to open for
Postal Accountability and Enhancement updates to the product lists appearing in
emergencies and there is no immediate
Act (PAEA), Public Law 109–435, 120 the CFR on a quarterly basis. A further
alternate route for vessels to pass. The
Stat. 3198 (2006). The rulemaking goal is to publish updates within one
Coast Guard will also inform the users
proposes to replace existing 39 CFR part week of the close of each fiscal quarter.
of the waterways through our Local and
3020, subpart A in its entirety, and However, the Commission chooses not
Broadcast Notices to Mariners of the
make conforming changes to 39 CFR to make quarterly publication a rigid
change in operating schedule for the
part 3020, subparts B, C, and D. requirement, as would be the case if the
bridge so that vessel operators can
The rulemaking proposes to amend word ‘‘quarterly’’ was added to the rule.
arrange their transit to minimize any
existing rules concerning the Mail Experience has shown that the press of
impact caused by the temporary
Classification Schedule (MCS) and the more important business occasionally
deviation.
associated market dominant and takes precedence over producing the
In accordance with 33 CFR 117.35(e), competitive product lists to conform to
the drawbridge must return to its regular quarterly updates. Although the
the current practice of publishing the quarterly updates are an important
operating schedule immediately at the MCS on the Commission’s Web site at
end of the effective period of this recordkeeping function that provides
www.prc.gov, noticing changes to the visibility into current Postal Service
temporary deviation. This deviation market dominant and competitive
from the operating regulations is product offerings, publication does not
product lists in the Federal Register, directly affect the substantive rights of
authorized under 33 CFR 117.35. and publishing the market dominant
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Dated: June 9, 2016. and competitive product lists in the 2 Public Representative Comments on Proposed
Hal R. Pitts, Code of Federal Regulations (CFR). Rulemaking Concerning Product Lists and the Mail
Bridge Program Manager, Fifth Coast Guard Classification Schedule, May 12, 2016 (PR
1 Notice of Proposed Rulemaking Concerning Comments); United Stated Postal Service Comments
District.
Product Lists and the Mail Classification Schedule, on Proposed Rules Concerning Product Lists and
[FR Doc. 2016–14064 Filed 6–14–16; 8:45 am] April 6, 2016 (Order No. 3213); see also 81 FR the Mail Classification Schedule, May 12, 2016
BILLING CODE 9110–04–P 21506 (April 12, 2016). (Postal Service Comments).
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![Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations 38953
any interested persons and may be Comments at 2. Additionally, the Postal Order No. 3213 at 12–13.
delayed when necessary.3 Service seeks further clarification of two Existing § 3020.110 reads:
The Public Representative states that aspects of the proposals. Applicable size and weight limitations for
proposed § 3020.5(a) may be interpreted The Postal Service observes that mail matter shall appear in the Mail
to require the Commission to proposed § 3020.1(b) includes new Classification Schedule as part of the
‘‘immediately’’ update the MCS references to 39 U.S.C. 404(e) (nonpostal description of each product.
whenever the Commission issues a final services) and 39 U.S.C. 3641 (market 39 CFR 3020.110, subpart F.
order to update the MCS. PR Comments tests). Postal Service Comments at 3. The Commission concurs that the
at 2. However, proposed § 3020.5(a) Furthermore, it states that the MCS requirements appear duplicative, but
states that ‘‘Modification to the Mail currently requires identification of will not make any changes at this time.
Classification Schedule shall be products that are either nonpostal The requirements are consistent with
incorporated within 3 months of the services or market tests. Id. at 3–4. The each other. However, as explained
issue date of the final order.’’ The Public Postal Service is concerned by the below, the underlying source for each
Representative suggests clarifying description appearing in Order No. requirement is different. Any potential
proposed § 3020.5(a) by adding the 3213, in regard to these new statutory confusion should be minimal.
phrase ‘‘in accordance with section (b)’’ references. Specifically, it expresses The requirements of proposed
such that it reads: ‘‘Whenever the Postal concern with the use of ‘‘expands upon’’ § 3020.4(b)(2)(ii)(A) and
Regulatory Commission issues a final in the description, as it could create § 3020.4(b)(3)(ii)(A) reflect useful
order that modifies the Mail unnecessary confusion. Id. at 4. information that historically has been
Classification Schedule, it shall update Proposed § 3020.1(b) replaces existing included in mail classification
the Mail Classification Schedule § 3020.1(a). Both specify that the starting schedules. It is appropriate to include a
appearing on its Web site at http:// point for the product lists are the market general synopsis of all material that will
www.prc.gov ‘in accordance with dominant products identified in 39 U.S.C. appear in the MCS in one section of the
section (b).’ ’’ Id. 3621(a) and the competitive products regulations.
The Commission will modify identified in 39 U.S.C. 3631(a). Proposed The requirements of § 3020.110 et seq.
§ 3020.5(a) to read: ‘‘Whenever the § 3020.1(b) expands upon this requirement
were written in direct response to the
by including products within the product
Postal Regulatory Commission issues a new requirements of 39 U.S.C. 3682.
lists identified as market tests pursuant to 39
final order that modifies the Mail U.S.C. 3641 and nonpostal pursuant to 39 This statutory provision requires, among
Classification Schedule, it shall update U.S.C. 404(e). This flows from the other things, the Commission to
the Mail Classification Schedule requirement for the Postal Service to properly prescribe rules for Postal Service
appearing on its Web site at http:// categorize market tests as either market requests to establish size and weight
www.prc.gov in accordance with dominant or competitive (39 U.S.C. limitations for mail matter in the market
paragraph (b) of this section.’’ 3641(b)(2)) and the Commission to properly dominant category of mail. Section
The Public Representative reminds categorize nonpostal services as either market
3020.110 points to the source of the
the Commission that appendices A and dominant or competitive (39 U.S.C.
404(e)(5)). material (the MCS) that all of § 3020.110
B, containing the market dominant and et seq. addresses. Deleting § 3020.110
competitive product lists appearing in Order No. 3213 at 5–6 [emphasis added, would potentially make the remainder
the proposed rules, may not be up to footnote omitted]. of that subpart unclear.6
date as of the time the final rule is The Commission’s intent of including
issued. He suggests that product lists, citations to the statutory authority for III. Ordering Paragraphs
current as of the time the final order is nonpostal services or market tests is not It is ordered:
issued in this docket, appear in the final to expand upon or otherwise affect the 1. Part 3020 of title 39, Code of
order. Id. substantive requirements, or the scope Federal Regulations, is amended as set
The Commission has established a of Commission review, relating to these forth below the signature of this Order,
quarterly update schedule for product types of products. The inclusion only effective 30 days after publication in the
lists. Administratively, it is most expands upon the description appearing Federal Register.
efficient for the Commission to adhere in existing § 3020.1(a) of the types of 2. The Secretary shall arrange for
to that schedule.4 Thus, the product products that are intended to appear on publication of this Order in the Federal
lists that appear in the final rule will be product lists and in the MCS.5 There is Register.
equivalent to the product lists that no change to current practice. 3. Docket No. RM2016–8 is hereby
appear in the CFR at the time the final The Postal Service contends that it is closed.
rule is issued. The next comprehensive duplicative to require the inclusion of
List of Subjects in 39 CFR Part 3020
update is scheduled for July of 2016. size and weight limitations in the MCS
in both proposed § 3020.4(b) and in Administrative practice and
B. Postal Service Comments existing § 3020.110. Postal Service procedure.
The Postal Service supports the Comments at 4. It suggests either For the reasons discussed in the
Commission’s general approach of deleting existing § 3020.11, or cross- preamble, the Commission amends
including the product lists, but not the referencing § 3020.110 in § 3020.4(b). Id. chapter III of title 39 of the Code of
MCS, in the CFR. Postal Service at 4–5. Federal Regulations as follows:
Proposed § 3020.4(b)(2)(ii)(A) and PART 3020—PRODUCT LISTS
3 The Commission’s position is that Commission § 3020.4(b)(3)(ii)(A) read:
orders issued within its jurisdiction are binding Where applicable, the general
upon the Postal Service when issued, unless
■ 1. The authority citation for part 3020
characteristics, size and weight limitations, continues to read as follows:
challenged pursuant to 39 U.S.C. 3663. Order No.
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minimum volume requirements, price
3213 at 7. The quarterly updates merely represent
the effect of previously issued Commission orders. categories, and available optional features of 6 While adding a cross-reference to proposed
4 A significant amount of tracking information each market dominant product. § 3020.4(b)(2)(ii)(A) and § 3020.4(b)(3)(ii)(A) may
indicating the source of product list changes not be technically incorrect, it may diminish the
appears in the quarterly update notices. Including 5 Existing § 3020.13 already includes nonpostal distinction that the Commission is attempting to
the tracking information in this Order would be services and market tests in product lists and the preserve, which is that 39 U.S.C. 3682 is the source
confusing and therefore not appropriate at this time. MCS. for the regulations appearing in § 3020.110 et seq.
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Subpart B—Requests Initiated by the ENVIRONMENTAL PROTECTION Chicago, Illinois 60604, (312) 886–9401,
Postal Service To Modify the Product AGENCY arra.sarah@epa.gov.
Lists SUPPLEMENTARY INFORMATION:
40 CFR Part 52 Throughout this document whenever
■ 3. Revise the heading of subpart B to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
read as set forth above. [EPA–R05–OAR–2011–0969; FRL–9947–71– EPA. This supplementary information
■ 4. Revise § 3020.30 to read as follows:
Region 5] section is arranged as follows:
I. What is the background of these SIP
§ 3020.30 General. Indiana; Ohio; Disapproval of submissions?
Interstate Transport Requirements for II. What action did EPA propose on the SIP
The Postal Service, by filing a request the 2008 Ozone NAAQS submissions?
with the Commission, may propose a III. What is our response to comments
modification to the market dominant AGENCY: Environmental Protection received on the proposed rulemaking?
product list or the competitive product Agency (EPA). IV. What action is EPA taking?
list. For purposes of this part, ACTION: Final rule. V. Statutory and Executive Order Reviews.
modification shall be defined as adding I. What is the background of these SIP
a product to a list, removing a product SUMMARY: The Environmental Protection
Agency (EPA) is disapproving elements submissions?
from a list, or moving a product from
one list to the other list. of State Implementation Plan (SIP) This rulemaking addresses CAA
submissions from Indiana and Ohio section 110(a)(2)(D)(i) requirements in
Subpart C—Requests Initiated by regarding the infrastructure two infrastructure SIP submissions
Users of the Mail to Modify the Product requirements of section 110 of the Clean addressing the applicable infrastructure
Lists Air Act (CAA) for the 2008 ozone requirements with respect to the 2008
National Ambient Air Quality Standards ozone NAAQS: A December 12, 2011,
■ 5. Revise the heading of subpart C to (NAAQS). The infrastructure submission from the Indiana
read as set forth above. requirements are designed to ensure that Department of Environmental
the structural components of each Management (IDEM), clarified in a May
■ 6. Revise § 3020.50 to read as follows: state’s air quality management program 24, 2012, letter; and a December 27,
§ 3020.50 General. is adequate to meet the state’s 2012, submission from the Ohio
responsibilities under the CAA. This Environmental Protection Agency (Ohio
Users of the mail, by filing a request action pertains specifically to EPA).
with the Commission, may propose a infrastructure requirements concerning The requirement for states to make a
modification to the market dominant interstate transport provisions, for SIP submission of this type arises out of
product list or the competitive product which Ohio and Indiana made SIP CAA section 110(a)(1). Pursuant to
list. For purposes of this part, submissions that, among other things, section 110(a)(1), states must make SIP
modification shall be defined as adding certified that their existing SIPs were submissions ‘‘within 3 years (or such
a product to a list, removing a product sufficient to meet the interstate shorter period as the Administrator may
from a list, or transferring a product transport infrastructure SIP prescribe) after the promulgation of a
from one list to the other list. requirements for the 2008 ozone national primary ambient air quality
NAAQS. standard (or any revision thereof),’’ and
Subpart D—Proposal of the these SIP submissions are to provide for
Commission to Modify the Product DATES: This final rule is effective on July
the ‘‘implementation, maintenance, and
Lists 15, 2016.
enforcement’’ of such NAAQS. The
ADDRESSES: EPA has established a statute directly imposes on states the
■ 7. Revise the heading of subpart D to docket for this action under Docket ID duty to make these SIP submissions,
read as set forth above. No. EPA–R05–OAR–2011–0969. All and the requirement to make the
documents in the docket are listed on submissions is not conditioned upon
Subpart D—Proposal of the the www.regulations.gov Web site. EPA’s taking any action other than
Commission to Modify the Product Although listed in the index, some promulgating a new or revised NAAQS.
Lists information is not publicly available, Section 110(a)(2) includes a list of
i.e., Confidential Business Information specific elements that ‘‘[e]ach such
■ 8. Revise § 3020.70 to read as follows: (CBI) or other information whose plan’’ submission must address. EPA
disclosure is restricted by statute. commonly refers to such state plans as
§ 3020.70 General. Certain other material, such as ‘‘infrastructure SIPs.’’
The Commission, of its own initiative, copyrighted material, is not placed on This rulemaking takes action on three
may propose a modification to the the Internet and will be publicly CAA section 110(a)(2)(D)(i)
market dominant product list or the available only in hard copy form. requirements of these submissions. In
competitive product list. For purposes Publicly available docket materials are particular, section 110(a)(2)(D)(i)(I)
of this part, modification shall be available either through requires SIPs to include provisions
defined as adding a product to a list, www.regulations.gov or please contact prohibiting any source or other type of
removing a product from a list, or the person identified in the ‘‘For Further emissions activity in one state from
transferring a product from one list to Information Contact’’ section for contributing significantly to
the other list. additional availability information. nonattainment of the NAAQS (‘‘prong
ehiers on DSK5VPTVN1PROD with RULES
By the Commission. FOR FURTHER INFORMATION CONTACT: one’’), or interfering with maintenance
Sarah Arra, Environmental Scientist, of the NAAQS (‘‘prong two’’), by any
Stacy L. Ruble,
Attainment Planning and Maintenance another state. Section 110(a)(2)(D)(i)(II)
Secretary. Section, Air Programs Branch (AR–18J), requires that infrastructure SIPs include
[FR Doc. 2016–14171 Filed 6–14–16; 8:45 am] Environmental Protection Agency, provisions prohibiting any source or
BILLING CODE 7710–FW–P Region 5, 77 West Jackson Boulevard, other type of emissions activity in one
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Document Created: 2016-06-15 02:21:18
Document Modified: 2016-06-15 02:21:18
| 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 15, 2016. | |
| Contact | David A. Trissell, General Counsel, at 202-789-6820. | |
| FR Citation | 81 FR 38952 |
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