82_FR_1768 82 FR 1764 - FY 2016 Annual Compliance Report

82 FR 1764 - FY 2016 Annual Compliance Report

POSTAL REGULATORY COMMISSION

Federal Register Volume 82, Issue 4 (January 6, 2017)

Page Range1764-1766
FR Document2016-32053

The Postal Service has filed an Annual Compliance Report on the costs, revenues, rates, and quality of service associated with its products in fiscal year 2016. Within 90 days, the Commission must evaluate that information and issue its determination as to whether rates were in compliance with title 39, chapter 36, and whether service standards in effect were met. To assist in this, the Commission seeks public comments on the Postal Service's Annual Compliance Report.

Federal Register, Volume 82 Issue 4 (Friday, January 6, 2017)
[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1764-1766]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-32053]


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POSTAL REGULATORY COMMISSION

[Docket No. ACR2016; Order No. 3717]


FY 2016 Annual Compliance Report

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Postal Service has filed an Annual Compliance Report on 
the costs, revenues, rates, and quality of service associated with its 
products in fiscal year 2016. Within 90 days, the Commission must 
evaluate that information and issue its determination as to whether 
rates were in compliance with title 39, chapter 36, and whether service 
standards in effect were met. To assist in this, the Commission seeks 
public comments on the Postal Service's Annual Compliance Report.

DATES: Comments are due: February 2, 2017.
    Reply Comments are due: February 13, 2017.

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. Overview of the Postal Service's FY 2016 ACR
III. Procedural Steps
IV. Ordering Paragraphs

I. Introduction

    On December 29, 2016, the United States Postal Service (Postal 
Service) filed with the Commission, pursuant to 39 U.S.C. 3652, its 
Annual Compliance Report (ACR) for fiscal year (FY) 2016.\1\ Section 
3652 requires submission of data and information on the costs, 
revenues, rates, and quality of service associated with postal products 
within 90 days of the closing of each fiscal year. In conformance with 
other statutory provisions and Commission rules, the ACR includes the 
Postal Service's FY 2016 Comprehensive Statement, its FY 2016 annual 
report to the Secretary of the Treasury on the Competitive Products 
Fund, and certain related Competitive Products Fund material. See 
respectively, 39 U.S.C. 3652(g), 39 U.S.C. 2011(i), and 39 CFR 3060.20-
23. In line with past practice, some of the material in the FY 2016 ACR 
appears in non-public annexes.
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    \1\ United States Postal Service FY 2016 Annual Compliance 
Report, December 29, 2016 (FY 2016 ACR). Public portions of the 
Postal Service's filing are available on the Commission's Web site 
at http://www.prc.gov.
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    The filing begins a review process that results in an Annual 
Compliance Determination (ACD) issued by the Commission to determine 
whether Postal Service products offered during FY 2016 were in 
compliance with applicable title 39 requirements.

II. Overview of the Postal Service's FY 2016 ACR

    Contents of the filing. The Postal Service's FY 2016 ACR consists 
of a 94-page narrative; extensive additional material appended as 
separate folders and identified in Attachment One; and an application 
for non-public treatment of certain materials, along with supporting 
rationale, filed as Attachment Two. The filing also includes the 
Comprehensive Statement,\2\ Report to the Secretary of the Treasury, 
and information on the Competitive Products Fund filed in response to 
Commission rules. This material has been filed electronically with the 
Commission, and some also has been filed in hard copy form.
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    \2\ In years prior to 2013, the Commission reviewed the Postal 
Service's reports prepared pursuant to 39 U.S.C. 2803 and 39 U.S.C. 
2804 (filed as the Comprehensive Statement by the Postal Service) in 
its ACD. However, as it did last year, the Commission intends to 
issue a separate notice soliciting comments on the comprehensive 
statement and provide its related analysis in a separate report from 
the ACD.
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    Scope of the filing. The material appended to the narrative 
consists of: (1) Domestic product costing material filed on an annual 
basis summarized in the Cost and Revenue Analysis (CRA); (2) comparable 
international costing material summarized in the International Cost and 
Revenue Analysis (ICRA); (3) worksharing-related cost studies; and (4) 
billing determinant

[[Page 1765]]

information for both domestic and international mail. FY 2016 ACR at 2. 
Inclusion of these four data sets is consistent with the Postal 
Service's past ACR practices. As with past ACRs, the Postal Service has 
split certain materials into public and non-public versions. Id. at 2-
3.
    ``Roadmap'' document. A roadmap to the FY 2016 ACR can be found in 
Library Reference USPS-FY16-9. This document provides brief 
descriptions of the materials submitted, as well as the flow of inputs 
and outputs among them; a discussion of differences in methodology 
relative to Commission methodologies in last year's ACD; and a list of 
special studies and a discussion of obsolescence, as required by 
Commission rule 3050.12. Id. at 3.
    Methodology. The Postal Service states that it has adhered to the 
methodologies historically used by the Commission subject to changes 
identified and discussed in Library Reference USPS-FY16-9 and in 
prefaces accompanying the appended folders. Id. at 4. The Postal 
Service notes that one noteworthy methodological change regarding 
product costs was discussed by the Commission in Order No. 3506.\3\ 
Going forward, the Postal Service's calculation of attributable costs 
will be changing to include a product's inframarginal costs developed 
as part of the estimation of a product's incremental costs. FY 2016 ACR 
at 4. However, the Postal Service states that several complications 
associated with the change have precluded it from including the new 
inframarginal cost component into the CRA this year. Id. at 5-7. 
However, it has included additional information, including estimates on 
product specific incremental costs, to Library Reference USPS-FY16-
NP10. It has also created a new library reference, USPS-FY16-43, to 
present the incremental costs for market dominant products. Id. at 7-8.
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    \3\ Id.; see Docket No. RM2016-2, Order Concerning United Parcel 
Service, Inc.'s Proposed Changes to Postal Service Costing 
Methodologies (UPS Proposals One, Two, and Three), September 9, 2016 
(Order No. 3506).
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    Market dominant product-by-product costs, revenues, and volumes. 
Comprehensive cost, revenue, and volume data for all market dominant 
products of general applicability are shown directly in the FY 2016 CRA 
or ICRA. Id. at 11.
    The FY 2016 ACR includes a discussion by class of each market 
dominant product, including costs, revenues, and volumes, workshare 
discounts, and passthroughs responsive to 39 U.S.C. 3652(b), and FY 
2016 incentive programs. Id. at 12-66.\4\
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    \4\ The Postal Service states that it ``would be inefficient and 
unduly disruptive . . . to immediately adjust prices to correct 
passthroughs that exceed 100 percent.'' Id. at 11. It further states 
its intent to address such passthroughs in its next general price 
adjustment. Id.
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    In response to the Commission's FY 2010 ACD directives, the Postal 
Service states that it is providing information regarding: (a) All 
operational changes designed to reduce flats costs and the estimated 
financial effects of such changes (id. at 27-34); (b) all costing 
methodology improvements made in FY 2016 \5\ and the estimated 
financial effects of such changes (id. at 27-31); and (c) a statement 
summarizing the historical and current year subsidy of the flats 
product (id. at 36-38). In addition, the Postal Service states that in 
the next general market dominant price change, it plans to increase the 
price of Standard Mail Flats by at least CPI times 1.05. Id. at 37. In 
the FY 2015 ACD, the Commission directed the Postal Service to submit a 
report addressing several topics related to Periodicals pricing.\6\ The 
Postal Service states that it provided a response to that directive on 
July 26, 2016. FY 2016 ACR at 53. Additionally, the Postal Service 
provides an updated version of the Periodicals pricing report in 
Library Reference USPS-FY16-44. Id.
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    \5\ The Postal Service notes that, in FY 2016, no rulemaking 
dockets resulted in costing methodology changes affecting Standard 
Mail Flats costs. Id. at 34. However, the Postal Service discusses 
several related developments required to foster a better 
understanding of the observed trend in reported costs for Standard 
Mail Flats. Id. at 34-36.
    \6\ See Docket No. ACR2015, Annual Compliance Determination, 
March 28, 2016, at 23-24 (FY 2015 ACD).
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    Flats directive. The Postal Service notes that the Commission 
directed the Postal Service to submit a detailed report addressing the 
measurement of cost and service performance issues for flat-shaped 
products in the FY 2015 ACD.\7\ The Postal Service states that its 
initial report addressing flats issues was filed on July 26, 2016, and 
additional responses were provided by the Postal Service in response to 
a Commission Information Request. FY 2016 ACR at 54.
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    \7\ Id.; see Docket No. ACR2015, FY 2015 ACD at 180-181.
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    Market dominant negotiated service agreements. The FY 2016 ACR 
presents information on the PHI Acquisitions, Inc. negotiated service 
agreement, the only market dominant negotiated service agreement in 
effect in FY 2016. Id. at 64-66.
    Service performance. The Postal Service notes that the Commission 
issued rules on periodic reporting of service performance measurement 
and customer satisfaction in FY 2010. Responsive information appears in 
Library Reference USPS-FY16-29. Id. at 67.
    Customer satisfaction. The FY 2016 ACR discusses the Postal 
Service's approach for measuring customer experience and satisfaction; 
describes the methodology; presents a table with survey results; 
compares the results from FY 2015 to FY 2016; and provides information 
regarding customer access to postal services. Id. at 70-81.
    Competitive products. The FY 2016 ACR provides costs, revenues, and 
volumes for competitive products of general applicability in the FY 
2016 CRA or ICRA. For competitive products not of general 
applicability, data are provided in non-public Library References USPS-
FY16-NP2 and USPS-FY16-NP27. Id. at 82. The FY 2016 ACR also addresses 
the competitive product pricing standards of 39 U.S.C. 3633. Id. at 82-
90.
    Market tests; nonpostal services. The Postal Service discusses the 
four competitive market tests conducted during FY 2016, and nonpostal 
services. Id. at 91-92.

III. Procedural Steps

    Statutory requirements. Section 3653 of title 39 requires the 
Commission to provide interested persons with an opportunity to comment 
on the ACR and to appoint an officer of the Commission (Public 
Representative) to represent the interests of the general public. The 
Commission hereby solicits public comment on the Postal Service's FY 
2016 ACR and on whether any rates or fees in effect during FY 2016 (for 
products individually or collectively) were not in compliance with 
applicable provisions of chapter 36 of title 39 (or regulations 
promulgated thereunder). Commenters addressing market dominant products 
are referred in particular to the applicable requirements (39 U.S.C. 
3622(d) and (e) and 39 U.S.C. 3626); objectives (39 U.S.C. 3622(b)); 
and factors (39 U.S.C. 3622(c)). Commenters addressing competitive 
products are referred to 39 U.S.C. 3633.
    The Commission also invites public comment on the cost coverage 
matters the Postal Service addresses in its filing; service performance 
results; levels of customer satisfaction achieved; and such other 
matters that may be relevant to the Commission's review.
    Access to filing. The Commission has posted the publicly available 
portions of the FY 2016 ACR on its Web site at http://www.prc.gov.

[[Page 1766]]

    Comment deadlines. Comments by interested persons are due on or 
before February 2, 2017. Reply comments are due on or before February 
13, 2017. The Commission, upon completion of its review of the FY 2016 
ACR, comments, and other data and information submitted in this 
proceeding, will issue its ACD.
    Public Representative. James Waclawski is designated to serve as 
the Public Representative to represent the interests of the general 
public in this proceeding. Neither the Public Representative nor any 
additional persons assigned to assist him shall participate in or 
advise as to any Commission decision in this proceeding other than in 
their designated capacity.

IV. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. ACR2016 to consider 
matters raised by the United States Postal Service's FY 2016 Annual 
Compliance Report.
    2. Pursuant to 39 U.S.C. 505, the Commission appoints James 
Waclawski as an officer of the Commission (Public Representative) in 
this proceeding to represent the interests of the general public.
    3. Comments on the United States Postal Service's FY 2016 Annual 
Compliance Report to the Commission are due on or before February 2, 
2017.
    4. Reply comments are due on or before February 13, 2017.
    5. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Stacy L. Ruble,
Secretary.
[FR Doc. 2016-32053 Filed 1-5-17; 8:45 am]
 BILLING CODE 7710-FW-P



                                                1764                             Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices

                                                Commission provided more in-depth                       Commission’s analysis of the FY 2016                   Report (ACR) for fiscal year (FY) 2016.1
                                                analysis of the Postal Service’s progress               Annual Performance Report and the FY                   Section 3652 requires submission of
                                                toward meetings its performance goals                   2017 Annual Performance Plan.                          data and information on the costs,
                                                and plans to improve performance in                       3. Comments are due no later than                    revenues, rates, and quality of service
                                                future years.                                           February 8, 2017.                                      associated with postal products within
                                                   As it did in recent years, the                         4. Reply comments are due no later                   90 days of the closing of each fiscal
                                                Commission will evaluate whether the                    than February 22, 2017.                                year. In conformance with other
                                                Postal Service met its FY 2016                            5. The Secretary shall arrange for                   statutory provisions and Commission
                                                performance goals in a report separate                  publication of this order in the Federal               rules, the ACR includes the Postal
                                                from the FY 2016 ACD. To facilitate this                Register.                                              Service’s FY 2016 Comprehensive
                                                review, the Commission invites public                     By the Commission.                                   Statement, its FY 2016 annual report to
                                                comment on the following issues:                        Stacy L. Ruble,                                        the Secretary of the Treasury on the
                                                   • Did the Postal Service meet its                    Secretary.                                             Competitive Products Fund, and certain
                                                performance goals in FY 2016?                                                                                  related Competitive Products Fund
                                                                                                        [FR Doc. 2017–00024 Filed 1–5–17; 8:45 am]
                                                   • Do the FY 2016 Annual                                                                                     material. See respectively, 39 U.S.C.
                                                                                                        BILLING CODE 7710–FW–P
                                                Performance Report and the FY 2017                                                                             3652(g), 39 U.S.C. 2011(i), and 39 CFR
                                                Annual Performance Plan meet                                                                                   3060.20–23. In line with past practice,
                                                applicable statutory requirements,                      POSTAL REGULATORY COMMISSION                           some of the material in the FY 2016
                                                including 39 U.S.C. 2803 and 2804?                                                                             ACR appears in non-public annexes.
                                                   • What recommendations should the                    [Docket No. ACR2016; Order No. 3717]                     The filing begins a review process that
                                                Commission provide to the Postal                                                                               results in an Annual Compliance
                                                Service that relate to protecting or                    FY 2016 Annual Compliance Report                       Determination (ACD) issued by the
                                                promoting public policy objectives in                   AGENCY:   Postal Regulatory Commission.                Commission to determine whether
                                                title 39?                                               ACTION:   Notice.                                      Postal Service products offered during
                                                   • What recommendations or                                                                                   FY 2016 were in compliance with
                                                observations should the Commission                      SUMMARY:    The Postal Service has filed               applicable title 39 requirements.
                                                make concerning the Postal Service’s                    an Annual Compliance Report on the                     II. Overview of the Postal Service’s FY
                                                strategic initiatives? 3                                costs, revenues, rates, and quality of                 2016 ACR
                                                   • What other matters are relevant to                 service associated with its products in
                                                the Commission’s analysis of the FY                     fiscal year 2016. Within 90 days, the                     Contents of the filing. The Postal
                                                2016 Annual Performance Report and                      Commission must evaluate that                          Service’s FY 2016 ACR consists of a 94-
                                                the FY 2017 Annual Performance Plan                     information and issue its determination                page narrative; extensive additional
                                                under 39 U.S.C. 3653(d)?                                as to whether rates were in compliance                 material appended as separate folders
                                                                                                        with title 39, chapter 36, and whether                 and identified in Attachment One; and
                                                III. Request for Comments                                                                                      an application for non-public treatment
                                                                                                        service standards in effect were met. To
                                                   Comments by interested persons are                   assist in this, the Commission seeks                   of certain materials, along with
                                                due no later than February 8, 2017.                     public comments on the Postal Service’s                supporting rationale, filed as
                                                Reply comments are due no later than                    Annual Compliance Report.                              Attachment Two. The filing also
                                                February 22, 2017. Pursuant to 39 U.S.C.                DATES: Comments are due: February 2,
                                                                                                                                                               includes the Comprehensive
                                                505, Katalin K. Clendenin is appointed                  2017.                                                  Statement,2 Report to the Secretary of
                                                to serve as Public Representative to                       Reply Comments are due: February                    the Treasury, and information on the
                                                represent the interests of the general                  13, 2017.                                              Competitive Products Fund filed in
                                                public in this docket with respect to                                                                          response to Commission rules. This
                                                                                                        ADDRESSES: Submit comments
                                                issues related to the Commission’s                                                                             material has been filed electronically
                                                                                                        electronically via the Commission’s
                                                analysis of the FY 2016 Annual                                                                                 with the Commission, and some also
                                                                                                        Filing Online system at http://
                                                Performance Report and the FY 2017                                                                             has been filed in hard copy form.
                                                                                                        www.prc.gov. Those who cannot submit                      Scope of the filing. The material
                                                Annual Performance Plan.                                comments electronically should contact                 appended to the narrative consists of:
                                                IV. Ordering Paragraphs                                 the person identified in the FOR FURTHER               (1) Domestic product costing material
                                                                                                        INFORMATION CONTACT section by
                                                  It is ordered:                                                                                               filed on an annual basis summarized in
                                                                                                        telephone for advice on filing                         the Cost and Revenue Analysis (CRA);
                                                  1. The Commission invites public
                                                                                                        alternatives.                                          (2) comparable international costing
                                                comment on the Postal Service’s FY
                                                2016 Annual Performance Report and                      FOR FURTHER INFORMATION CONTACT:                       material summarized in the
                                                FY 2017 Annual Performance Plan.                        David A. Trissell, General Counsel, at                 International Cost and Revenue
                                                  2. Pursuant to 39 U.S.C. 505, the                     202–789–6820.                                          Analysis (ICRA); (3) worksharing-related
                                                Commission appoints Katalin K.                          SUPPLEMENTARY INFORMATION:                             cost studies; and (4) billing determinant
                                                Clendenin to serve as Public
                                                                                                        Table of Contents
                                                Representative to represent the interests                                                                         1 United States Postal Service FY 2016 Annual

                                                of the general public in this proceeding                I. Introduction                                        Compliance Report, December 29, 2016 (FY 2016
                                                                                                        II. Overview of the Postal Service’s FY 2016           ACR). Public portions of the Postal Service’s filing
                                                with respect to issues related to the                                                                          are available on the Commission’s Web site at
                                                                                                              ACR                                              http://www.prc.gov.
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                                                Performance Report and FY 2014 Performance Plan,        III. Procedural Steps                                     2 In years prior to 2013, the Commission reviewed
                                                July 7, 2014; Docket No. ACR2014, Postal                IV. Ordering Paragraphs                                the Postal Service’s reports prepared pursuant to 39
                                                Regulatory Commission, Analysis of the Postal                                                                  U.S.C. 2803 and 39 U.S.C. 2804 (filed as the
                                                Service’s FY 2014 Program Performance Report and        I. Introduction                                        Comprehensive Statement by the Postal Service) in
                                                FY 2015 Performance Plan, July 7, 2015; Docket No.         On December 29, 2016, the United                    its ACD. However, as it did last year, the
                                                ACR2015, Postal Regulatory Commission, Analysis                                                                Commission intends to issue a separate notice
                                                of the Postal Service’s FY 2015 Annual Performance      States Postal Service (Postal Service)                 soliciting comments on the comprehensive
                                                Report and FY 2016 Performance Plan, May 4, 2016.       filed with the Commission, pursuant to                 statement and provide its related analysis in a
                                                  3 See FY 2016 Annual Report at 69–71.                 39 U.S.C. 3652, its Annual Compliance                  separate report from the ACD.



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                                                                                 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices                                                 1765

                                                information for both domestic and                       to 39 U.S.C. 3652(b), and FY 2016                         issued rules on periodic reporting of
                                                international mail. FY 2016 ACR at 2.                   incentive programs. Id. at 12–66.4                        service performance measurement and
                                                Inclusion of these four data sets is                       In response to the Commission’s FY                     customer satisfaction in FY 2010.
                                                consistent with the Postal Service’s past               2010 ACD directives, the Postal Service                   Responsive information appears in
                                                ACR practices. As with past ACRs, the                   states that it is providing information                   Library Reference USPS–FY16–29. Id. at
                                                Postal Service has split certain materials              regarding: (a) All operational changes                    67.
                                                into public and non-public versions. Id.                designed to reduce flats costs and the                       Customer satisfaction. The FY 2016
                                                at 2–3.                                                 estimated financial effects of such                       ACR discusses the Postal Service’s
                                                   ‘‘Roadmap’’ document. A roadmap to                   changes (id. at 27–34); (b) all costing                   approach for measuring customer
                                                the FY 2016 ACR can be found in                         methodology improvements made in FY                       experience and satisfaction; describes
                                                Library Reference USPS–FY16–9. This                     2016 5 and the estimated financial                        the methodology; presents a table with
                                                document provides brief descriptions of                 effects of such changes (id. at 27–31);                   survey results; compares the results
                                                the materials submitted, as well as the                 and (c) a statement summarizing the                       from FY 2015 to FY 2016; and provides
                                                flow of inputs and outputs among them;                  historical and current year subsidy of                    information regarding customer access
                                                a discussion of differences in                          the flats product (id. at 36–38). In                      to postal services. Id. at 70–81.
                                                                                                        addition, the Postal Service states that                     Competitive products. The FY 2016
                                                methodology relative to Commission
                                                                                                        in the next general market dominant                       ACR provides costs, revenues, and
                                                methodologies in last year’s ACD; and a
                                                                                                        price change, it plans to increase the                    volumes for competitive products of
                                                list of special studies and a discussion                                                                          general applicability in the FY 2016
                                                of obsolescence, as required by                         price of Standard Mail Flats by at least
                                                                                                        CPI times 1.05. Id. at 37. In the FY 2015                 CRA or ICRA. For competitive products
                                                Commission rule 3050.12. Id. at 3.                                                                                not of general applicability, data are
                                                                                                        ACD, the Commission directed the
                                                   Methodology. The Postal Service                      Postal Service to submit a report                         provided in non-public Library
                                                states that it has adhered to the                       addressing several topics related to                      References USPS–FY16–NP2 and
                                                methodologies historically used by the                  Periodicals pricing.6 The Postal Service                  USPS–FY16–NP27. Id. at 82. The FY
                                                Commission subject to changes                           states that it provided a response to that                2016 ACR also addresses the
                                                identified and discussed in Library                     directive on July 26, 2016. FY 2016 ACR                   competitive product pricing standards
                                                Reference USPS–FY16–9 and in                            at 53. Additionally, the Postal Service                   of 39 U.S.C. 3633. Id. at 82–90.
                                                prefaces accompanying the appended                      provides an updated version of the                           Market tests; nonpostal services. The
                                                folders. Id. at 4. The Postal Service notes             Periodicals pricing report in Library                     Postal Service discusses the four
                                                that one noteworthy methodological                      Reference USPS–FY16–44. Id.                               competitive market tests conducted
                                                change regarding product costs was                         Flats directive. The Postal Service                    during FY 2016, and nonpostal services.
                                                discussed by the Commission in Order                    notes that the Commission directed the                    Id. at 91–92.
                                                No. 3506.3 Going forward, the Postal                    Postal Service to submit a detailed
                                                Service’s calculation of attributable                                                                             III. Procedural Steps
                                                                                                        report addressing the measurement of
                                                costs will be changing to include a                     cost and service performance issues for                      Statutory requirements. Section 3653
                                                product’s inframarginal costs developed                 flat-shaped products in the FY 2015                       of title 39 requires the Commission to
                                                as part of the estimation of a product’s                ACD.7 The Postal Service states that its                  provide interested persons with an
                                                incremental costs. FY 2016 ACR at 4.                    initial report addressing flats issues was                opportunity to comment on the ACR
                                                However, the Postal Service states that                 filed on July 26, 2016, and additional                    and to appoint an officer of the
                                                several complications associated with                   responses were provided by the Postal                     Commission (Public Representative) to
                                                the change have precluded it from                       Service in response to a Commission                       represent the interests of the general
                                                including the new inframarginal cost                    Information Request. FY 2016 ACR at                       public. The Commission hereby solicits
                                                component into the CRA this year. Id.                   54.                                                       public comment on the Postal Service’s
                                                at 5–7. However, it has included                           Market dominant negotiated service                     FY 2016 ACR and on whether any rates
                                                additional information, including                       agreements. The FY 2016 ACR presents                      or fees in effect during FY 2016 (for
                                                estimates on product specific                           information on the PHI Acquisitions,                      products individually or collectively)
                                                incremental costs, to Library Reference                 Inc. negotiated service agreement, the                    were not in compliance with applicable
                                                USPS–FY16–NP10. It has also created a                   only market dominant negotiated                           provisions of chapter 36 of title 39 (or
                                                new library reference, USPS–FY16–43,                    service agreement in effect in FY 2016.                   regulations promulgated thereunder).
                                                to present the incremental costs for                    Id. at 64–66.                                             Commenters addressing market
                                                market dominant products. Id. at 7–8.                      Service performance. The Postal                        dominant products are referred in
                                                   Market dominant product-by-product                   Service notes that the Commission                         particular to the applicable
                                                costs, revenues, and volumes.                                                                                     requirements (39 U.S.C. 3622(d) and (e)
                                                Comprehensive cost, revenue, and                           4 The Postal Service states that it ‘‘would be         and 39 U.S.C. 3626); objectives (39
                                                volume data for all market dominant                     inefficient and unduly disruptive . . . to                U.S.C. 3622(b)); and factors (39 U.S.C.
                                                                                                        immediately adjust prices to correct passthroughs         3622(c)). Commenters addressing
                                                products of general applicability are                   that exceed 100 percent.’’ Id. at 11. It further states
                                                shown directly in the FY 2016 CRA or                    its intent to address such passthroughs in its next       competitive products are referred to 39
                                                ICRA. Id. at 11.                                        general price adjustment. Id.                             U.S.C. 3633.
                                                                                                           5 The Postal Service notes that, in FY 2016, no           The Commission also invites public
                                                   The FY 2016 ACR includes a                           rulemaking dockets resulted in costing                    comment on the cost coverage matters
                                                discussion by class of each market                      methodology changes affecting Standard Mail Flats         the Postal Service addresses in its filing;
                                                dominant product, including costs,                      costs. Id. at 34. However, the Postal Service
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                                                                                                        discusses several related developments required to        service performance results; levels of
                                                revenues, and volumes, workshare                                                                                  customer satisfaction achieved; and
                                                                                                        foster a better understanding of the observed trend
                                                discounts, and passthroughs responsive                  in reported costs for Standard Mail Flats. Id. at 34–     such other matters that may be relevant
                                                                                                        36.                                                       to the Commission’s review.
                                                   3 Id.; see Docket No. RM2016–2, Order                   6 See Docket No. ACR2015, Annual Compliance
                                                                                                                                                                     Access to filing. The Commission has
                                                Concerning United Parcel Service, Inc.’s Proposed       Determination, March 28, 2016, at 23–24 (FY 2015
                                                Changes to Postal Service Costing Methodologies         ACD).                                                     posted the publicly available portions of
                                                (UPS Proposals One, Two, and Three), September             7 Id.; see Docket No. ACR2015, FY 2015 ACD at          the FY 2016 ACR on its Web site at
                                                9, 2016 (Order No. 3506).                               180–181.                                                  http://www.prc.gov.


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                                                1766                             Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices

                                                   Comment deadlines. Comments by                       to Section 19(b)(1) of the Securities                    $25.00 or less, 5% for securities with an
                                                interested persons are due on or before                 Exchange Act of 1934 (‘‘Act’’) 1 and Rule                Auction Reference Price greater than
                                                February 2, 2017. Reply comments are                    19b–4 thereunder,2 a proposed rule                       $25.00 but less than or equal to $50.00,
                                                due on or before February 13, 2017. The                 change to widen Auction Collars for the                  and 3% for securities with an Auction
                                                Commission, upon completion of its                      Core Open Auction on volatile trading                    Reference Price greater than $50.00.
                                                review of the FY 2016 ACR, comments,                    days. The proposed rule change was                         Under the proposal, if as of 9:00 a.m.
                                                and other data and information                          published for comment in the Federal                     Eastern Time, the E-mini S&P 500
                                                submitted in this proceeding, will issue                Register on October 14, 2016.3 On                        Futures are +/¥ 2% from the prior day’s
                                                its ACD.                                                November 23, 2016, the Commission                        closing price of the E-mini S&P 500
                                                   Public Representative. James                         designated a longer period within which                  Futures, or if the Exchange determines
                                                Waclawski is designated to serve as the                 to approve the proposed rule change,                     that it is necessary or appropriate for the
                                                Public Representative to represent the                  disapprove the proposed rule change, or                  maintenance of a fair and orderly
                                                interests of the general public in this                 institute proceedings to determine                       market, the Auction Collar for the Core
                                                proceeding. Neither the Public                          whether to disapprove the proposed                       Open Auction would be 10%, regardless
                                                Representative nor any additional                       rule change.4 On December 12, 2016,                      of the Auction Reference Price. If the
                                                persons assigned to assist him shall                    the Exchange filed Amendment No. 1 to                    Exchange determines to widen Auction
                                                participate in or advise as to any                      its proposed rule change.5 The                           Collars under the ‘‘fair and orderly’’
                                                Commission decision in this proceeding                  Commission received no comment                           provision, the Exchange would
                                                other than in their designated capacity.                letters on the proposed rule change.                     announce by Trader Update the
                                                                                                        This order approves the proposed rule                    widened collars before the Core Open
                                                IV. Ordering Paragraphs                                                                                          Auction.8
                                                                                                        change, as modified by Amendment No.
                                                  It is ordered:                                        1.                                                       III. Discussion and Commission
                                                  1. The Commission establishes Docket                                                                           Findings
                                                No. ACR2016 to consider matters raised                  II. Description of the Proposed Rule
                                                by the United States Postal Service’s FY                Change                                                      The Commission finds that the
                                                2016 Annual Compliance Report.                            The Exchange proposes to amend                         proposed rule change, as modified by
                                                  2. Pursuant to 39 U.S.C. 505, the                     NYSE Arca Equities Rule 7.35 to widen                    Amendment No. 1, is consistent with
                                                Commission appoints James Waclawski                     Auction Collars 6 for the Core Open                      the requirements of the Act and the
                                                as an officer of the Commission (Public                 Auction on volatile trading days.                        rules and regulations thereunder
                                                Representative) in this proceeding to                   Currently, Rule 7.35(a)(10)(A) provides                  applicable to a national securities
                                                represent the interests of the general                  that the price collar threshold for the                  exchange.9 In particular, the
                                                public.                                                 Core Open Auction is 10% for securities                  Commission finds that the proposed
                                                  3. Comments on the United States                      with an Auction Reference Price 7 of                     rule change, as modified by Amendment
                                                Postal Service’s FY 2016 Annual                                                                                  No. 1, is consistent with Section 6(b)(5)
                                                Compliance Report to the Commission                       1 15  U.S.C. 78s(b)(1).                                of the Act,10 which requires, among
                                                are due on or before February 2, 2017.                    2 17  CFR 240.19b–4.                                   other things, that the rules of a national
                                                  4. Reply comments are due on or                          3 See Securities Exchange Act Release No. 79068       securities exchange be designed to
                                                before February 13, 2017.                               (October 7, 2016), 81 FR 71127 (‘‘Notice’’).             prevent fraudulent and manipulative
                                                                                                           4 See Securities Exchange Act Release No. 79388,
                                                  5. The Secretary shall arrange for                                                                             acts and practices, to promote just and
                                                                                                        81 FR 86368 (November 30, 2016). The Commission
                                                publication of this order in the Federal                designated January 12, 2017, as the date by which
                                                                                                                                                                 equitable principles of trade, to foster
                                                Register.                                               it shall approve, disapprove, or institute               cooperation and coordination with
                                                                                                        proceedings to determine whether to disapprove the       persons engaged in facilitating
                                                  By the Commission.                                    proposed rule change.                                    transactions in securities, to remove
                                                Stacy L. Ruble,                                            5 In Amendment No. 1, the Exchange replaced all
                                                                                                                                                                 impediments to and perfect the
                                                Secretary.                                              references in the filing to Rule 7.35P with Rule 7.35,
                                                                                                        as the Exchange recently amended its rules to            mechanism of a free and open market
                                                [FR Doc. 2016–32053 Filed 1–5–17; 8:45 am]              eliminate the ‘‘P’’ modifier. See Securities Exchange    and a national market system, and, in
                                                BILLING CODE 7710–FW–P                                  Act Release No. 79078 (October 11, 2016), 81 FR          general, to protect investors and the
                                                                                                        71559 (October 17, 2016) (SR–NYSEArca–2016–              public interest.
                                                                                                        135). The Exchange also corrected a typographical
                                                                                                        error in the proposed text in Rule 7.35(a)(10)(A).          The Commission notes that, according
                                                SECURITIES AND EXCHANGE                                 Finally, the Exchange provided additional details        to the Exchange, the proposed Auction
                                                COMMISSION                                              regarding its authority under the proposal to widen      Collars would allow for additional price
                                                                                                        Auction Collars when it determines that it is            movement during periods of market-
                                                [Release No. 34–79714; File No. SR–                     necessary or appropriate for the maintenance of a
                                                                                                        fair and orderly market, and represented that if it      wide volatility, and at the same time
                                                NYSEArca–2016–136]
                                                                                                        were to widen Auction Collars under this authority,      continue to prevent auctions from
                                                Self-Regulatory Organizations; NYSE                     it would announce by Trader Update such widened          occurring at prices significantly away
                                                                                                        collars before the Core Open Auction. Because            from the Auction Reference Price.11 The
                                                Arca, Inc.; Order Approving a                           Amendment No. 1 does not materially alter the
                                                Proposed Rule Change, as Modified by                    substance of the proposed rule change or raise           Exchange also states its belief that
                                                Amendment No. 1, Amending NYSE                          unique or novel regulatory issues, Amendment No.         widening the Auction Collars could
                                                Arca Equities Rule 7.35 To Provide for                  1 is not subject to notice and comment                   reduce the possibility of securities
                                                                                                        (Amendment No. 1 is available at: https://               triggering multiple trading pauses under
                                                Widened Auction Collars for the Core                    www.sec.gov/comments/sr-nysearca-2016-136/
                                                Open Auction on Volatile Trading Days                   nysearca2016136-1.pdf).
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           6 See NYSE Arca Equities Rule 7.35(a)(10)             price, and if there is no Auction NBBO, the prior
                                                December 30, 2016.                                      (defining ‘‘Auction Collar’’ to mean the price collar    trading day’s Official Closing Price).
                                                                                                                                                                    8 See Amendment No. 1, supra note 5.
                                                                                                        thresholds for the Indicative Match Price for the
                                                I. Introduction                                         Core Open Auction, Trading Halt Auction, or                 9 In approving this proposed rule change, the

                                                                                                        Closing Auction).                                        Commission has considered the proposed rule’s
                                                  On September 28, 2016, NYSE Arca,                        7 See NYSE Arca Equities Rule 7.35(a)(8)(A)           impact on efficiency, competition, and capital
                                                Inc. (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed              (defining ‘‘Auction Reference Price’’ for the Core       formation. See 15 U.S.C. 78c(f).
                                                with the Securities and Exchange                        Open Auction to mean the midpoint of the Auction            10 15 U.S.C. 78f(b)(5).

                                                Commission (‘‘Commission’’), pursuant                   NBBO or, if the Auction NBBO is locked, the locked          11 See Notice, supra note 3, at 71127.




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Document Created: 2017-01-06 01:30:19
Document Modified: 2017-01-06 01:30:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments are due: February 2, 2017.
ContactDavid A. Trissell, General Counsel, at 202-789-6820.
FR Citation82 FR 1764 

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