83 FR 33965 - Classification of the Inbound Letter Post Product

POSTAL REGULATORY COMMISSION

Federal Register Volume 83, Issue 138 (July 18, 2018)

Page Range		33965-33966
FR Document		2018-15284

The Commission is establishing a public inquiry regarding Postal Service's claim that the Inbound Letter Post product is subject to competition. This notice informs the public of this proceeding, invites public comment, and takes other administrative steps.

Federal Register, Volume 83 Issue 138 (Wednesday, July 18, 2018)

[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Notices]
[Pages 33965-33966]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-15284]

[[Page 33965]]

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POSTAL REGULATORY COMMISSION

[Docket Nos. PI2018-1; Order No. 4708]

Classification of the Inbound Letter Post Product

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is establishing a public inquiry regarding
Postal Service's claim that the Inbound Letter Post product is subject
to competition. This notice informs the public of this proceeding,
invites public comment, and takes other administrative steps.

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:

I. Introduction
II. Background
III. Claims of Competition and Commission Action
IV. Ordering Paragraphs

I. Introduction

In recent proceedings, the Postal Service claimed that the Inbound
Letter Post product \1\ is subject to competition. The Commission
establishes this docket to examine these and related claims.
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\1\ As defined in section 1130 of the Mail Classification
Schedule (MCS).
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II. Background

A. The Universal Postal Union

The Universal Postal Union (UPU) is a United Nations specialized
agency comprising 192 member countries, including the United States.\2\
Member countries negotiate international agreements governing the
exchange of international mail, including applicable rates for the
delivery of international mail. The UPU identifies three types of
international mail: Letter Post, Parcel Post, and Express Mail Service
(EMS).\3\
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\2\ The full list of UPU member countries is available at http://www.upu.int/en/the-upu/member-countries.html.
\3\ EMS mail is an express service for documents and
merchandise, which member countries have the option of providing.
MCS Section 2515.6.1. EMS prices are set through bilateral or
multilateral negotiations. Id. Sections 2515.6.4., 2515.6.6.
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UPU Letter Post mailpieces consist of letters, postcards, printed
papers, and small packets weighing up to 2 kilograms.\4\ The UPU
divides UPU Letter Post mail into three shapes: Letters and cards
(format P); large letters or ``flats'' (format G); and bulky letters
and small packets (format E). In January 2018, the Universal Postal
Convention (UPU Convention) began differentiating UPU Letter Post mail
by content in addition to shape.\5\ The UPU Convention limits the
contents of cards, letters, flats, and bulky letters to documents. UPU
Convention, Article 17.2. Small packets are UPU Letter Post mailpieces
containing goods. Id. Article 17.3.
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\4\ UPU Convention, Article 17. UPU Letter Post mail also
consists of literature for the blind weighing up to 7 kilograms and
M-bags weighing up to 30 kilograms. Id. M-bags are special bags
containing newspapers, periodicals, books, and similar matter mailed
to a single address. Id.
\5\ See International Mailing Services: Proposed Product and
Price Change--CPI, 82 FR 49160, 49161 (October 24, 2017); Docket No.
R2018-1, Notice of Market Dominant Price Adjustment, October 6,
2017, at 10.
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B. Statutory Framework

In 2006, the Postal Accountability and Enhancement Act (PAEA) \6\
was enacted. The PAEA separated postal products into two distinct
classifications: Market dominant and competitive.\7\ Pursuant to 39
U.S.C. 3642(b), market dominant products are those products over which
``the Postal Service exercises sufficient market power that it can
effectively set the price of such product[s] substantially above costs,
raise prices significantly, decrease quality, or decrease output,
without risk of losing a significant level of business to other firms
offering similar products.'' \8\ Competitive products ``consist of all
other products.'' \9\
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\6\ Public Law 109-435, 120 Stat. 3198 (2006).
\7\ 39 U.S.C. 3621, 3631, 3642. The PAEA exempted experimental
products from the requirement that they be classified as market
dominant or competitive products. 39 U.S.C. 3641(a)(2).
\8\ 39 U.S.C. 3642(b)(1). Examples of market dominant products
include products in the First-Class Mail, USPS Marketing Mail, and
Periodicals classes.
\9\ Id. Examples of competitive products include Priority Mail,
Priority Mail Express, and First-Class Package Service.
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Section 3642 of title 39 governs the addition of products to,
removal of products from, or transfer of products (or components of a
product) between the market dominant and competitive product lists.\10\
The Commission may consider a change to a product's market dominant or
competitive classification upon request of the Postal Service, users of
the mail, or upon its own initiative. 39 U.S.C. 3642(a). The criteria
for assigning a product to either the market dominant or competitive
product list is described in 39 U.S.C. 3642(b). When transferring
products between product lists, there is nothing to prevent transfer of
only part of a product. 39 U.S.C. 3642(c).
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\10\ 39 U.S.C. 3642. The implementing regulations for this
section appear in 39 CFR part 3020.
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The criteria for assigning a product to either the market dominant
or competitive product list are based on a measure of the Postal
Service's market power; whether or not the product is covered by the
postal monopoly; and the concerns of the private sector, users of the
product, and small businesses. 39 U.S.C. 3642(b).
The market power criteria are specified in 39 U.S.C. 3642(b)(1) as
follows:
[The text of 39 U.S.C. 3642(b)(1) was removed to comply with the
Federal Register Document Drafting Handbook, section 2.6. See 39 U.S.C.
3642(b)(1).].
The postal monopoly criteria are specified in 39 U.S.C. 3642(b)(2)
as follows:
[The text of 39 U.S.C. 3642(b)(2) was removed to comply with the
Federal Register Document Drafting Handbook, section 2.6. See 39 U.S.C.
3642(b)(2).].
The private sector, users of the product, and small businesses
criteria are specified in 39 U.S.C. 3642(b)(3) as follows:
[The text of 39 U.S.C. 3642(b)(3) was removed to comply with the
Federal Register Document Drafting Handbook, section 2.6. See 39 U.S.C.
3642(b)(3).].
When including products on the competitive product list, the
product must also meet the financial requirements of 39 U.S.C. 3633(a),
which:
[The text of 39 U.S.C. 3633(a) was removed to comply with the
Federal Register Document Drafting Handbook, section 2.6. See 39 U.S.C.
3633(a).].

C. Classification of Inbound Letter Post

Sections 3621 and 3631 of title 39 listed the products
preliminarily classified as market dominant and competitive,
respectively. The PAEA preliminarily classified single-piece
international mail as market dominant and bulk international mail as
competitive. 39 U.S.C. 3621(a)(10) and 3631(a)(4). When the Commission
requested comments related to the classification of inbound
international mail in its initial rulemaking pursuant to the
requirements of PAEA, the Postal Service argued that the Commission
should not classify inbound

[[Page 33966]]

international mail as market dominant or competitive.\11\
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\11\ Docket No. RM2007-1, Initial Comments of the United States
Postal Service in Response to Order No. 26, September 24, 2007, at
13-22.
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The Commission found the Postal Service's arguments for exceptional
treatment of inbound international mail as neither market dominant nor
competitive unpersuasive and inconsistent with section 3642.\12\ The
Commission concluded, ``[h]ad Congress intended to exempt inbound
international mail from the requirement that all products be
categorized as either market dominant or competitive, it would have
done so explicitly, as it did by specifically exempting experimental
products from the requirements of section 3642.'' Order No. 43 at 78
(footnote omitted). The Commission found that the PAEA unambiguously
requires the Commission to classify inbound international mail products
as either market dominant or competitive. Id. Consistent with section
3621, the Commission classified Inbound Letter Post as a market
dominant product. Id. at 85.
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\12\ Docket No. RM2007-1, Order Establishing Ratemaking
Regulations for Market Dominant and Competitive Products, October
29, 2007, at 78 (Order No. 43).
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III. Claims of Competition and Commission Action

In Docket Nos. R2018-1 and Docket ACR2017, the Postal Service
repeatedly claimed that Inbound Letter Post is subject to
``considerable,'' ``substantial,'' and ``intense'' competition,
especially Inbound Letter Post small packets.\13\ However, the Postal
Service filed documents in support of its claims of competition for the
first time when it filed its Motion for Reconsideration. Motion for
Reconsideration, Attachments 1-4. Despite these claims of competition,
the Postal Service acknowledged that the Inbound Letter Post product is
on the market dominant product list and that it has not requested to
transfer all or part of the Inbound Letter Post product to the
competitive product list. Motion for Reconsideration at 6.
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\13\ See Docket No. ACR2017, United States Postal Service Motion
for Reconsideration of Order No. 4451, April 6, 2018, at 4 (Motion
for Reconsideration) (``Inbound Letter Post is subject to
substantial competition.''); id. at 8-9 (cited filings in other
Commission proceedings that allege the private sector competes in
the Inbound Letter Post market); id.at 10 (``the vast majority of
Inbound Letter Post mail faces substantial competition''); id. at
12-13 (``existing market research regarding inbound package volume,
which is included in Nonpublic Attachment 1, illustrates the intense
competition for Inbound Letter Post faced by the Postal Service and
foreign postal operators.'' (footnote omitted)); Docket No. ACR2017,
Response of the United States Postal Service to Order No. 4409,
February 23, 2018, at 5 (small packets ``already face considerable
competition today.'' (footnote omitted)); id. at 6 (``the Postal
Service operates in a competitive market for inbound international
shipping, which includes inbound small packets containing
merchandise.'' (footnote omitted)); id. at 6 n.13 (``Not only are
Inbound Letter Post packets subject to considerable competition, but
bulk international letter and flat mail can be subject to
competition as well.''); Docket No. ACR2017, United States Postal
Service Notice of Filing Nonpublic Folder USPS-FY17-NP40 and
Application for Nonpublic Treatment, February 14, 2018, Attachment
at 2 (CHIR No. 15 Application for Non-Public Treatment) (``Not only
are Inbound Letter Post packets (E Format) subject to considerable
competition, but bulk international letter and flat mail (P and G
Format) can be subject to competition as well.''); id. at 3 (``The
Postal Service is just one of the participants operating in the
competitive market for inbound international shipping, which
includes inbound small packets containing merchandise.''); Docket
No. R2018-1, United States Postal Service Answer in Opposition to
U.S. Chamber of Commerce Motion to Unseal Library Reference and
Motion to Request Issuance of Information Request, October 23, 2017,
at 4 (`` `inbound letter post . . . face[s] significant competition
from private sector competitors and Extraterritorial Offices of
Exchange[.]' The competitive nature of the international market,
particularly with respect to . . . inbound letter post packets
weighing 4.4 pounds or less, is well established.'' (footnote
omitted)).
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In its Motion for Reconsideration, the Postal Service stated that
it explored the potential transfer of Inbound Letter Post small packets
from the market dominant to the competitive products list. Id. However,
the Postal Service stated that one obstacle to transferring all or part
of the Inbound Letter Post product from the market dominant product
list to the competitive product list relates to the ``inability to
separate Inbound Letter Post that is subject to the Private Express
Statutes [(PES)] from Inbound Letter Post that is not subject to the
PES.'' Id.
These claims raised the question of whether Inbound Letter Post
should be wholly or partially transferred from the market dominant
product list to the competitive product list. Rather than attempt to
address these issues in Docket No. ACR2017, the Commission concluded
that the best course of action is to initiate a separate proceeding to
evaluate these issues, including the non-public attachments the Postal
Service provided with its Motion for Reconsideration.
Accordingly, the Commission establishes the instant proceeding to
examine the classification of the Inbound Letter Post product. The
Commission is issuing a Commission Information Request (CIR)
concurrently with this Order. Once a sufficient record has been
developed, the Commission will issue a procedural schedule inviting
comment.
Pursuant to 39 U.S.C. 505, James Waclawski is designated as an
officer of the Commission (Public Representative) to represent the
interests of the general public in this proceeding.
Additional information may be accessed via the Commission's website
at http://www.prc.gov.

IV. Ordering Paragraphs

It is ordered:
1. The Commission hereby establishes Docket No. PI2018-1 to review
issues related to the classification of the Inbound Letter Post product
and parts thereof.
2. Pursuant to 39 U.S.C. 505, James Waclawski is designated as an
officer of the Commission (Public Representative) to represent the
interests of the general public in this proceeding.
3. The Secretary shall arrange for publication of this order in the
Federal Register.

By the Commission.
Stacy L. Ruble,
Secretary.
[FR Doc. 2018-15284 Filed 7-17-18; 8:45 am]
BILLING CODE 7710-FW-P

Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Notices 33965

POSTAL REGULATORY COMMISSION small packets weighing up to 2 assigning a product to either the market
kilograms.4 The UPU divides UPU dominant or competitive product list is
[Docket Nos. PI2018–1; Order No. 4708]
Letter Post mail into three shapes: described in 39 U.S.C. 3642(b). When
Classification of the Inbound Letter Letters and cards (format P); large letters transferring products between product
Post Product or ‘‘flats’’ (format G); and bulky letters lists, there is nothing to prevent transfer
and small packets (format E). In January of only part of a product. 39 U.S.C.
AGENCY: Postal Regulatory Commission. 2018, the Universal Postal Convention 3642(c).
ACTION: Notice. (UPU Convention) began differentiating
The criteria for assigning a product to
UPU Letter Post mail by content in
SUMMARY: The Commission is either the market dominant or
addition to shape.5 The UPU
establishing a public inquiry regarding competitive product list are based on a
Convention limits the contents of cards,
Postal Service’s claim that the Inbound letters, flats, and bulky letters to measure of the Postal Service’s market
Letter Post product is subject to documents. UPU Convention, Article power; whether or not the product is
competition. This notice informs the 17.2. Small packets are UPU Letter Post covered by the postal monopoly; and
public of this proceeding, invites public mailpieces containing goods. Id. Article the concerns of the private sector, users
comment, and takes other 17.3. of the product, and small businesses. 39
administrative steps. U.S.C. 3642(b).
B. Statutory Framework
ADDRESSES: Submit comments The market power criteria are
electronically via the Commission’s In 2006, the Postal Accountability and specified in 39 U.S.C. 3642(b)(1) as
Filing Online system at http:// Enhancement Act (PAEA) 6 was enacted. follows:
www.prc.gov. Those who cannot submit The PAEA separated postal products
[The text of 39 U.S.C. 3642(b)(1) was
comments electronically should contact into two distinct classifications: Market
dominant and competitive.7 Pursuant to removed to comply with the Federal
the person identified in the FOR FURTHER Register Document Drafting Handbook,
INFORMATION CONTACT section by 39 U.S.C. 3642(b), market dominant
products are those products over which section 2.6. See 39 U.S.C. 3642(b)(1).].
telephone for advice on filing
alternatives. ‘‘the Postal Service exercises sufficient The postal monopoly criteria are
market power that it can effectively set specified in 39 U.S.C. 3642(b)(2) as
FOR FURTHER INFORMATION CONTACT: the price of such product[s] follows:
David A. Trissell, General Counsel, at substantially above costs, raise prices
202–789–6820. [The text of 39 U.S.C. 3642(b)(2) was
significantly, decrease quality, or removed to comply with the Federal
SUPPLEMENTARY INFORMATION: decrease output, without risk of losing Register Document Drafting Handbook,
I. Introduction a significant level of business to other section 2.6. See 39 U.S.C. 3642(b)(2).].
II. Background firms offering similar products.’’ 8
III. Claims of Competition and Commission Competitive products ‘‘consist of all The private sector, users of the
Action other products.’’ 9 product, and small businesses criteria
IV. Ordering Paragraphs Section 3642 of title 39 governs the are specified in 39 U.S.C. 3642(b)(3) as
addition of products to, removal of follows:
I. Introduction
products from, or transfer of products [The text of 39 U.S.C. 3642(b)(3) was
In recent proceedings, the Postal (or components of a product) between removed to comply with the Federal
Service claimed that the Inbound Letter the market dominant and competitive Register Document Drafting Handbook,
Post product 1 is subject to competition. product lists.10 The Commission may section 2.6. See 39 U.S.C. 3642(b)(3).].
The Commission establishes this docket consider a change to a product’s market
to examine these and related claims. When including products on the
dominant or competitive classification
competitive product list, the product
II. Background upon request of the Postal Service, users
must also meet the financial
of the mail, or upon its own initiative.
A. The Universal Postal Union 39 U.S.C. 3642(a). The criteria for requirements of 39 U.S.C. 3633(a),
which:
The Universal Postal Union (UPU) is
a United Nations specialized agency 4 UPU Convention, Article 17. UPU Letter Post [The text of 39 U.S.C. 3633(a) was
mail also consists of literature for the blind removed to comply with the Federal
comprising 192 member countries, weighing up to 7 kilograms and M-bags weighing
including the United States.2 Member up to 30 kilograms. Id. M-bags are special bags
Register Document Drafting Handbook,
countries negotiate international containing newspapers, periodicals, books, and section 2.6. See 39 U.S.C. 3633(a).].
agreements governing the exchange of similar matter mailed to a single address. Id.
5 See International Mailing Services: Proposed C. Classification of Inbound Letter Post
international mail, including applicable Product and Price Change—CPI, 82 FR 49160,
rates for the delivery of international 49161 (October 24, 2017); Docket No. R2018–1, Sections 3621 and 3631 of title 39
mail. The UPU identifies three types of Notice of Market Dominant Price Adjustment, listed the products preliminarily
international mail: Letter Post, Parcel October 6, 2017, at 10. classified as market dominant and
6 Public Law 109–435, 120 Stat. 3198 (2006).
Post, and Express Mail Service (EMS).3 competitive, respectively. The PAEA
7 39 U.S.C. 3621, 3631, 3642. The PAEA
UPU Letter Post mailpieces consist of exempted experimental products from the preliminarily classified single-piece
letters, postcards, printed papers, and requirement that they be classified as market international mail as market dominant
dominant or competitive products. 39 U.S.C. and bulk international mail as
1 As defined in section 1130 of the Mail 3641(a)(2).
competitive. 39 U.S.C. 3621(a)(10) and
amozie on DSK3GDR082PROD with NOTICES1

Classification Schedule (MCS). 8 39 U.S.C. 3642(b)(1). Examples of market
2 The full list of UPU member countries is dominant products include products in the First- 3631(a)(4). When the Commission
available at http://www.upu.int/en/the-upu/ Class Mail, USPS Marketing Mail, and Periodicals requested comments related to the
member-countries.html. classes. classification of inbound international
9 Id. Examples of competitive products include
3 EMS mail is an express service for documents
mail in its initial rulemaking pursuant
and merchandise, which member countries have Priority Mail, Priority Mail Express, and First-Class
the option of providing. MCS Section 2515.6.1. Package Service. to the requirements of PAEA, the Postal
EMS prices are set through bilateral or multilateral 10 39 U.S.C. 3642. The implementing regulations Service argued that the Commission
negotiations. Id. Sections 2515.6.4., 2515.6.6. for this section appear in 39 CFR part 3020. should not classify inbound

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33966 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Notices

international mail as market dominant However, the Postal Service filed the Commission (Public Representative)
or competitive.11 documents in support of its claims of to represent the interests of the general
The Commission found the Postal competition for the first time when it public in this proceeding.
Service’s arguments for exceptional filed its Motion for Reconsideration. Additional information may be
treatment of inbound international mail Motion for Reconsideration, accessed via the Commission’s website
as neither market dominant nor Attachments 1–4. Despite these claims at http://www.prc.gov.
competitive unpersuasive and of competition, the Postal Service
IV. Ordering Paragraphs
inconsistent with section 3642.12 The acknowledged that the Inbound Letter
Commission concluded, ‘‘[h]ad Post product is on the market dominant It is ordered:
Congress intended to exempt inbound product list and that it has not requested 1. The Commission hereby establishes
international mail from the requirement to transfer all or part of the Inbound Docket No. PI2018–1 to review issues
that all products be categorized as either Letter Post product to the competitive related to the classification of the
market dominant or competitive, it product list. Motion for Reconsideration Inbound Letter Post product and parts
would have done so explicitly, as it did at 6. thereof.
by specifically exempting experimental In its Motion for Reconsideration, the 2. Pursuant to 39 U.S.C. 505, James
products from the requirements of Postal Service stated that it explored the Waclawski is designated as an officer of
section 3642.’’ Order No. 43 at 78 potential transfer of Inbound Letter Post the Commission (Public Representative)
(footnote omitted). The Commission small packets from the market dominant to represent the interests of the general
found that the PAEA unambiguously to the competitive products list. Id. public in this proceeding.
requires the Commission to classify However, the Postal Service stated that 3. The Secretary shall arrange for
inbound international mail products as one obstacle to transferring all or part of publication of this order in the Federal
either market dominant or competitive. the Inbound Letter Post product from Register.
Id. Consistent with section 3621, the the market dominant product list to the By the Commission.
Commission classified Inbound Letter competitive product list relates to the
Stacy L. Ruble,
Post as a market dominant product. Id. ‘‘inability to separate Inbound Letter
Post that is subject to the Private Secretary.
at 85. [FR Doc. 2018–15284 Filed 7–17–18; 8:45 am]
Express Statutes [(PES)] from Inbound
III. Claims of Competition and Letter Post that is not subject to the BILLING CODE 7710–FW–P
Commission Action PES.’’ Id.
In Docket Nos. R2018–1 and Docket These claims raised the question of
ACR2017, the Postal Service repeatedly whether Inbound Letter Post should be SECURITIES AND EXCHANGE
claimed that Inbound Letter Post is wholly or partially transferred from the COMMISSION
subject to ‘‘considerable,’’ ‘‘substantial,’’ market dominant product list to the
[Release No. 34–83623; File No. SR–
and ‘‘intense’’ competition, especially competitive product list. Rather than NASDAQ–2018–051]
Inbound Letter Post small packets.13 attempt to address these issues in
Docket No. ACR2017, the Commission Self-Regulatory Organizations; The
11 Docket No. RM2007–1, Initial Comments of the concluded that the best course of action Nasdaq Stock Market LLC; Notice of
United States Postal Service in Response to Order is to initiate a separate proceeding to Filing and Immediate Effectiveness of
No. 26, September 24, 2007, at 13–22. evaluate these issues, including the non-
12 Docket No. RM2007–1, Order Establishing
Proposed Rule Change To Amend The
public attachments the Postal Service Nasdaq Options Market LLC (‘‘NOM’’)
Ratemaking Regulations for Market Dominant and
Competitive Products, October 29, 2007, at 78 provided with its Motion for Rules and Adopt a Zero Bid Options
(Order No. 43). Reconsideration. Rule
13 See Docket No. ACR2017, United States Postal Accordingly, the Commission
Service Motion for Reconsideration of Order No. establishes the instant proceeding to July 12, 2018.
4451, April 6, 2018, at 4 (Motion for examine the classification of the Pursuant to Section 19(b)(1) of the
Reconsideration) (‘‘Inbound Letter Post is subject to
substantial competition.’’); id. at 8–9 (cited filings Inbound Letter Post product. The Securities Exchange Act of 1934
in other Commission proceedings that allege the Commission is issuing a Commission (‘‘Act’’),1 and Rule 19b–4 thereunder,2
private sector competes in the Inbound Letter Post Information Request (CIR) concurrently notice is hereby given that on June 29,
market); id.at 10 (‘‘the vast majority of Inbound with this Order. Once a sufficient record 2018, The Nasdaq Stock Market LLC
Letter Post mail faces substantial competition’’); id.
at 12–13 (‘‘existing market research regarding has been developed, the Commission (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
inbound package volume, which is included in will issue a procedural schedule Securities and Exchange Commission
Nonpublic Attachment 1, illustrates the intense inviting comment. (‘‘SEC’’ or ‘‘Commission’’) the proposed
competition for Inbound Letter Post faced by the Pursuant to 39 U.S.C. 505, James rule change as described in Items I and
Postal Service and foreign postal operators.’’
(footnote omitted)); Docket No. ACR2017, Response Waclawski is designated as an officer of II below, which Items have been
of the United States Postal Service to Order No. prepared by the Exchange. The
4409, February 23, 2018, at 5 (small packets letter and flat mail (P and G Format) can be subject Commission is publishing this notice to
‘‘already face considerable competition today.’’ to competition as well.’’); id. at 3 (‘‘The Postal solicit comments on the proposed rule
(footnote omitted)); id. at 6 (‘‘the Postal Service Service is just one of the participants operating in
operates in a competitive market for inbound the competitive market for inbound international change from interested persons.
international shipping, which includes inbound shipping, which includes inbound small packets
small packets containing merchandise.’’ (footnote containing merchandise.’’); Docket No. R2018–1,
I. Self-Regulatory Organization’s
omitted)); id. at 6 n.13 (‘‘Not only are Inbound United States Postal Service Answer in Opposition Statement of the Terms of Substance of
Letter Post packets subject to considerable to U.S. Chamber of Commerce Motion to Unseal the Proposed Rule Change
amozie on DSK3GDR082PROD with NOTICES1

competition, but bulk international letter and flat Library Reference and Motion to Request Issuance
mail can be subject to competition as well.’’); of Information Request, October 23, 2017, at 4 The Exchange proposes to amend The
Docket No. ACR2017, United States Postal Service (‘‘ ‘inbound letter post . . . face[s] significant Nasdaq Options Market LLC (‘‘NOM’’)
Notice of Filing Nonpublic Folder USPS–FY17– competition from private sector competitors and Rules at Chapter V, Section 3, entitled
NP40 and Application for Nonpublic Treatment, Extraterritorial Offices of Exchange[.]’ The
February 14, 2018, Attachment at 2 (CHIR No. 15 competitive nature of the international market,
‘‘Trading Halts’’ and Chapter VI, Section
Application for Non-Public Treatment) (‘‘Not only particularly with respect to . . . inbound letter post
1 15 U.S.C. 78s(b)(1).
are Inbound Letter Post packets (E Format) subject packets weighing 4.4 pounds or less, is well
to considerable competition, but bulk international established.’’ (footnote omitted)). 2 17 CFR 240.19b–4.

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Document Created: 2018-11-06 10:25:10
Document Modified: 2018-11-06 10:25:10

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		Notices
Action		Notice.
Contact		David A. Trissell, General Counsel, at 202-789-6820.
FR Citation		83 FR 33965