83 FR 60385 - Ratemaking Procedures for Inbound Letter Post and Related Services
POSTAL REGULATORY COMMISSION Federal Register Volume 83, Issue 227 (November 26, 2018)
Federal Register Volume 83, Issue 227 (November 26, 2018)
| Page Range | 60385-60386 | |
| FR Document | 2018-25665 |
[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)] [Proposed Rules] [Pages 60385-60386] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25665] ======================================================================= ----------------------------------------------------------------------- POSTAL REGULATORY COMMISSION 39 CFR Part 3010 [Docket No. RM2019-2; Order No. 4882] Ratemaking Procedures for Inbound Letter Post and Related Services AGENCY: Postal Regulatory Commission. ACTION: Advance notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Commission is acknowledging a recent filing requesting the Commission to consider the application of the market dominant price cap to rates for Inbound Letter Post and certain other inbound international market dominant products. This document informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: December 10, 2018. 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. Background III. Petition IV. Invitation to Comment V. Ordering Paragraphs I. Introduction On November 16, 2018, the Postal Service filed a request for the Commission to consider the application of the market dominant price cap to rates for Inbound Letter Post and certain other inbound international market dominant products.\1\ The Postal Service requests that the Commission replace the price cap treatment with an ``evaluation of whether price changes for these services promote the objectives in [39 U.S.C.] [s]ection 3622(b), taking into account the factors in [s]ection 3622(c).'' Petition at 2. The Commission initiates this rulemaking to seek comments and facilitate the Commission's examination into ratemaking procedures for Inbound Letter Post and related international services. --------------------------------------------------------------------------- \1\ Petition of the United States Postal Service to Initiate a Rulemaking Concerning Ratemaking Procedures for Inbound Letter Post and Related Services, November 16, 2018 (Petition). --------------------------------------------------------------------------- II. Background At the same time it filed the instant Petition, the Postal Service filed a concurrent request seeking to transfer a portion of Inbound Letter Post (and inbound registered services associated with those items) to the competitive product list.\2\ The Postal Service states that it intends for the instant Petition to cover only the related products remaining on the market dominant product list upon resolution of the Transfer Request. Petition at 2, n.4. --------------------------------------------------------------------------- \2\ Docket No. MC2019-17, United States Postal Service Request to Transfer Inbound Letter Post Small Packets and Bulky Letters, and Inbound Registered Service Associated with Such Items, to the Competitive Product List, November 16, 2018 (Transfer Request). --------------------------------------------------------------------------- The Postal Service states that the recommendation to adopt self- declared rates for terminal dues,\3\ made by the Department of State and endorsed by the President, creates uncertainty regarding the rates going forward. See Petition at 1, nn.1, 2; 2-3. The Postal Service further notes that the Department of State's negotiations could result in a decision to rescind withdrawal from the Universal Postal Union (UPU), but it is impossible to predict to what extent terminal dues would be self-declared or set by the UPU. Petition at 2-3. The Postal Service suggests that although the Commission's review of the market dominant ratemaking system is pending, to the extent that a market dominant price cap currently applies or is maintained in some form, there should be an exception for generally applicable rates set by the Postal Service that are paid by foreign postal operators. Id. at 4. The Postal Service states that its requested treatment of Inbound Letter Post rates should apply whether the rates are self-declared or not. Id. at 5. --------------------------------------------------------------------------- \3\ Terminal dues refer to payments by foreign postal operators to the Postal Service for delivery of Inbound Letter Post in the United States. --------------------------------------------------------------------------- III. Petition The Postal Service requests that the Commission reconsider its decision in Order No. 43, in which it held that Inbound Letter Post must be classified as a market dominant product.\4\ The Postal Service states that changes in circumstances, including ``a significant shift in U.S. Government policy toward Inbound Letter Post,'' warrant a reconsideration of the decision to apply the market dominant price cap to inbound international products. See Petition at 5-9. The Postal Service states that the Postal Accountability and Enhancement Act's intent was to protect individual domestic customers, rather than foreign postal operators.\5\ --------------------------------------------------------------------------- \4\ Docket No. RM2007-1, Order Establishing Ratemaking Regulations for Market Dominant and Competitive Products, October 29, 2007 (Order No. 43). \5\ Id. at 7, 8-9. Postal Accountability and Enhancement Act (PAEA), Public Law 109-435, 120 Stat. 3198 (2006). --------------------------------------------------------------------------- The Postal Service proposes a regulatory system for Inbound Letter Post wherein the Commission would apply the objectives and factors listed in 39 U.S.C. 3622(b) and 3622(c) as standards for review of inbound international rate adjustments. Petition at 2, 9. The Postal Service suggests that this review can occur after-the-fact, [[Page 60386]] through the annual compliance review proceedings, but also proposes an alternative before-the-fact review of rate adjustments. Id. at 10. The Postal Service submits these proposed rules and alternative proposed rules in Appendix I of the Petition. IV. Invitation to Comment The Commission establishes Docket No. RM2019-2 for consideration of matters raised in the Petition. More information on the Petition may be accessed via the Commission's website at http://www.prc.gov. Interested persons may submit comments on the Petition no later than December 10, 2018. Pursuant to 39 U.S.C. 505, Kenneth E. Richardson is appointed to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in the above-captioned docket. V. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. RM2019-2 for consideration of the matters raised by the Petition of the United States Postal Service to Initiate a Rulemaking Concerning Ratemaking Procedures for Inbound Letter Post and Related Services, filed November 16, 2018. 2. Comments are due no later than December 10, 2018. 3. Pursuant to 39 U.S.C. 505, the Commission appoints Kenneth E. Richardson to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this docket. 4. The Secretary shall arrange for publication of this Notice in the Federal Register. By the Commission. Stacy L. Ruble, Secretary. [FR Doc. 2018-25665 Filed 11-23-18; 8:45 am] BILLING CODE 7710-FW-P
![Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Proposed Rules 60385
Hand delivery: Library of Congress, products. This document informs the remaining on the market dominant
James Madison Memorial Building, LM– public of the filing, invites public product list upon resolution of the
401, 101 Independence Avenue SE, comment, and takes other Transfer Request. Petition at 2, n.4.
Washington, DC 20559–6000. administrative steps. The Postal Service states that the
Instructions: Unless submitting DATES: Comments are due: December recommendation to adopt self-declared
online, commenters must submit an 10, 2018. rates for terminal dues,3 made by the
original, two paper copies, and an ADDRESSES: Submit comments Department of State and endorsed by
electronic version on a CD. All electronically via the Commission’s the President, creates uncertainty
submissions must include a reference to Filing Online system at http:// regarding the rates going forward. See
the CRB and this docket number. All www.prc.gov. Those who cannot submit Petition at 1, nn.1, 2; 2–3. The Postal
submissions will be posted without comments electronically should contact Service further notes that the
change to eCRB at https://app.crb.gov/ the person identified in the FOR FURTHER Department of State’s negotiations could
including any personal information INFORMATION CONTACT section by result in a decision to rescind
provided. telephone for advice on filing withdrawal from the Universal Postal
Docket: For access to the docket to alternatives. Union (UPU), but it is impossible to
read submitted background documents predict to what extent terminal dues
FOR FURTHER INFORMATION CONTACT:
or comments, go to eCRB, the Copyright would be self-declared or set by the
Royalty Board’s electronic filing and David A. Trissell, General Counsel, at
UPU. Petition at 2–3. The Postal Service
case management system, at https:// 202–789–6820.
suggests that although the Commission’s
app.crb.gov/ and search for docket SUPPLEMENTARY INFORMATION:
review of the market dominant
number 18–CRB–0012–RM. Table of Contents ratemaking system is pending, to the
FOR FURTHER INFORMATION CONTACT: extent that a market dominant price cap
I. Introduction
Anita Blaine, CRB Program Specialist, II. Background currently applies or is maintained in
by telephone at (202) 707–7658 or email III. Petition some form, there should be an exception
at crb@loc.gov. IV. Invitation to Comment for generally applicable rates set by the
SUPPLEMENTARY INFORMATION: On V. Ordering Paragraphs Postal Service that are paid by foreign
November, 14, 2018, The Copyright postal operators. Id. at 4. The Postal
Royalty Judges (Judges) received a I. Introduction Service states that its requested
request asking that the comment period On November 16, 2018, the Postal treatment of Inbound Letter Post rates
for the notification of inquiry (NOI) be Service filed a request for the should apply whether the rates are self-
extended to December 17, 2018, to Commission to consider the application declared or not. Id. at 5.
‘‘provide the most meaningful and of the market dominant price cap to III. Petition
useful comments and proposals.’’ Joint rates for Inbound Letter Post and certain
Motion for Extension of Time, Docket other inbound international market The Postal Service requests that the
No. 18–CRB–0012–RM. The Judges dominant products.1 The Postal Service Commission reconsider its decision in
balanced that concern against the time requests that the Commission replace Order No. 43, in which it held that
limits established by the Music the price cap treatment with an Inbound Letter Post must be classified
Modernization Act and granted the ‘‘evaluation of whether price changes as a market dominant product.4 The
request in part by extending the for these services promote the objectives Postal Service states that changes in
deadline for submission of comments in [39 U.S.C.] [s]ection 3622(b), taking circumstances, including ‘‘a significant
and proposals in response to the NOI into account the factors in [s]ection shift in U.S. Government policy toward
(83 FR 55334) to December 10, 2018. 3622(c).’’ Petition at 2. The Commission Inbound Letter Post,’’ warrant a
initiates this rulemaking to seek reconsideration of the decision to apply
Dated: November 15, 2018.
comments and facilitate the the market dominant price cap to
David R. Strickler,
Commission’s examination into inbound international products. See
Copyright Royalty Judge. Petition at 5–9. The Postal Service states
ratemaking procedures for Inbound
[FR Doc. 2018–25579 Filed 11–23–18; 8:45 am] that the Postal Accountability and
Letter Post and related international
BILLING CODE 1410–72–P
services. Enhancement Act’s intent was to protect
individual domestic customers, rather
II. Background than foreign postal operators.5
POSTAL REGULATORY COMMISSION At the same time it filed the instant The Postal Service proposes a
Petition, the Postal Service filed a regulatory system for Inbound Letter
39 CFR Part 3010 concurrent request seeking to transfer a Post wherein the Commission would
[Docket No. RM2019–2; Order No. 4882] portion of Inbound Letter Post (and apply the objectives and factors listed in
inbound registered services associated 39 U.S.C. 3622(b) and 3622(c) as
Ratemaking Procedures for Inbound with those items) to the competitive standards for review of inbound
Letter Post and Related Services product list.2 The Postal Service states international rate adjustments. Petition
that it intends for the instant Petition to at 2, 9. The Postal Service suggests that
AGENCY: Postal Regulatory Commission.
cover only the related products this review can occur after-the-fact,
ACTION:Advance notice of proposed
rulemaking. 1 Petition of the United States Postal Service to 3 Terminal dues refer to payments by foreign
Initiate a Rulemaking Concerning Ratemaking postal operators to the Postal Service for delivery
SUMMARY: The Commission is Procedures for Inbound Letter Post and Related of Inbound Letter Post in the United States.
acknowledging a recent filing requesting Services, November 16, 2018 (Petition). 4 Docket No. RM2007–1, Order Establishing
the Commission to consider the 2 Docket No. MC2019–17, United States Postal Ratemaking Regulations for Market Dominant and
application of the market dominant Service Request to Transfer Inbound Letter Post Competitive Products, October 29, 2007 (Order No.
Small Packets and Bulky Letters, and Inbound 43).
price cap to rates for Inbound Letter Registered Service Associated with Such Items, to 5 Id. at 7, 8–9. Postal Accountability and
Post and certain other inbound the Competitive Product List, November 16, 2018 Enhancement Act (PAEA), Public Law 109–435, 120
international market dominant (Transfer Request). Stat. 3198 (2006).
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![60386 Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Proposed Rules
through the annual compliance review SUMMARY: The Environmental Protection A. Title 47: Outdoor Burning
proceedings, but also proposes an Agency (EPA) proposes to approve and B. Title 15: Enforcement Procedures and
alternative before-the-fact review of rate incorporate by reference (IBR) into the Civil Penalties
adjustments. Id. at 10. The Postal Oregon State Implementation Plan (SIP) III. Proposed Action
Service submits these proposed rules the Lane Regional Air Protection IV. Incorporation by Reference
and alternative proposed rules in Agency’s (LRAPA) revised outdoor V. Oregon Notice Provision
Appendix I of the Petition. burning rule submitted by the Oregon VI. Statutory and Executive Order Reviews
Department of Environmental Quality I. Background
IV. Invitation to Comment (ODEQ) on July 19, 2018. The revised
The Commission establishes Docket rule, as it applies in Lane County, Each State has a Clean Air Act (CAA)
No. RM2019–2 for consideration of Oregon, clarifies terminology and State Implementation Plan (SIP),
matters raised in the Petition. More provides additional controls of outdoor containing the control measures and
information on the Petition may be burning activities, reducing particulate strategies used to attain and maintain
accessed via the Commission’s website emissions and strengthening the Oregon the national ambient air quality
at http://www.prc.gov. Interested SIP. In addition, the EPA proposes to standards (NAAQS) established for the
persons may submit comments on the approve but not IBR the enforcement
criteria pollutants (carbon monoxide,
Petition no later than December 10, procedures and civil penalties rule for
lead, nitrogen dioxide, ozone,
2018. LRAPA submitted by the ODEQ on
September 25, 2018. The revised rule particulate matter, sulfur dioxide). The
Pursuant to 39 U.S.C. 505, Kenneth E.
contains revisions that bring SIP contains such elements as air
Richardson is appointed to serve as an
officer of the Commission (Public enforcement procedures and civil pollution control regulations, emission
Representative) to represent the penalties rule into alignment with inventories, attainment demonstrations,
interests of the general public in the recent changes in Oregon State and enforcement mechanisms. The SIP
above-captioned docket. regulations. is a compilation of these elements and
is revised and updated by a State over
V. Ordering Paragraphs DATES: Comments must be received on
or before December 26, 2018. time—to keep pace with Federal
It is ordered: requirements and to address changing
ADDRESSES: Submit your comments,
1. The Commission establishes Docket air quality issues in that State.
identified by Docket ID No. EPA–R10–
No. RM2019–2 for consideration of the OAR–2018–0596, at https:// The Oregon Department of
matters raised by the Petition of the www.regulations.gov. Follow the online Environmental Quality (ODEQ)
United States Postal Service to Initiate instructions for submitting comments. implements and enforces the Oregon
a Rulemaking Concerning Ratemaking Once submitted, comments cannot be SIP through rules set out in Chapter 340
Procedures for Inbound Letter Post and edited or removed from regulations.gov. of the Oregon Administrative Rules
Related Services, filed November 16, The EPA may publish any comment (OAR), Divisions 200 to 268, apply in all
2018. received to its public docket. Do not areas of the State, except where the
2. Comments are due no later than submit electronically any information
December 10, 2018. Oregon Environmental Quality
you consider to be Confidential Commission (EQC) has designated Lane
3. Pursuant to 39 U.S.C. 505, the Business Information (CBI) or other
Commission appoints Kenneth E. Regional Air Protection Agency
information the disclosure of which is (LRAPA) to administer rules within its
Richardson to serve as an officer of the restricted by statute. Multimedia
Commission (Public Representative) to area of jurisdiction.
submissions (audio, video, etc.) must be
represent the interests of the general accompanied by a written comment. LRAPA has been designated by the
public in this docket. The written comment is considered the EQC to implement and enforce State
4. The Secretary shall arrange for official comment and should include rules in Lane County, and to adopt local
publication of this Notice in the Federal discussion of all points you wish to rules that apply within Lane County.
Register. make. The EPA will generally not LRAPA may promulgate a local rule in
By the Commission. consider comments or comment lieu of a State rule provided: (1) it is as
Stacy L. Ruble, contents located outside of the primary strict as the corresponding State rule;
Secretary. submission (i.e. on the web, cloud, or and (2) it has been submitted to and
[FR Doc. 2018–25665 Filed 11–23–18; 8:45 am] other file sharing system). For approved by the EQC. This delegation of
BILLING CODE 7710–FW–P additional submission methods, the full authority to LRAPA in the Oregon SIP
EPA public comment policy, is consistent with CAA section
information about CBI or multimedia 110(a)(2)(E) requirements for State and
submissions, and general guidance on local air agencies.
ENVIRONMENTAL PROTECTION
making effective comments, please visit On July 19, 2018 and September 25,
AGENCY
https://www.epa.gov/dockets/
2018, the ODEQ and LRAPA submitted
40 CFR Part 52 commenting-epa-dockets.
revisions to the Oregon SIP as it applies
FOR FURTHER INFORMATION CONTACT:
[EPA–R10–OAR–2018–0596; FRL–9986–94– in Lane County. These changes update
Christi Duboiski at (360) 753–9081, or
Region 10] the LRAPA Title 47 outdoor burning
duboiski.christi@epa.gov.
rule providing clarification and
SUPPLEMENTARY INFORMATION:
Air Plan Approval; OR: Lane County additional controls of outdoor burning
Outdoor Burning and Enforcement Throughout this document, wherever
activities in Lane County and align the
Procedure Rules ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
Title 15 enforcement procedure and
intended to refer to the EPA.
AGENCY: Environmental Protection civil penalties rule with recently
Table of Contents approved State rules in OAR Chapter
Agency (EPA).
I. Background 340, Division12 (80 FR 64346, October
ACTION: Proposed rule.
II. Evaluation of Revisions 23, 2015).
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Document Created: 2018-11-24 00:51:51
Document Modified: 2018-11-24 00:51:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Advance notice of proposed rulemaking. | |
| Dates | Comments are due: December 10, 2018. | |
| Contact | David A. Trissell, General Counsel, at 202-789-6820. | |
| FR Citation | 83 FR 60385 |
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