[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Notices]
[Pages 69400-69401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27287]
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POSTAL REGULATORY COMMISSION
[Docket No. MC2015-8; Order No. 5351]
Market Dominant Products
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is noticing a recent Postal Service filing
requesting the removal of Return Receipt for Merchandise Service from
the Market Dominant product list. This notice informs the public of the
filing, invites public comment, and takes other administrative steps.
DATES: Comments are due: January 9, 2020.
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. Background
II. Notice of Commission Action
III. Ordering Paragraphs
On December 10, 2019, the Postal Service filed a renewed request to
remove Return Receipt for Merchandise (RRM) service from the Mail
Classification Schedule (MCS).\1\ For the reasons discussed below, the
Commission reopens the docket to consider matters concerning this
request.
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\1\ Renewed Request of the United States Postal Service to
Remove Return Receipt for Merchandise and Motion to Reopen Docket,
December 10, 2019 (Renewed Request).
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I. Background
The Postal Service filed its original request to remove the RRM
service from the MCS on November 17, 2014.\2\ The Commission approved
the request but found that the removal was subject to adjustments to
the unused rate adjustment authority for the Special Services class.\3\
Subsequently, the Postal Service provided notice that it elected to
indefinitely defer the removal.\4\ After a series of appeals, the D.C.
Circuit issued its opinion on April 6, 2018, vacating the Commission's
previous orders on the removal of the RRM service.\5\
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\2\ Request of the United States Postal Service to Remove Return
Receipt for Merchandise Service from the Mail Classification
Schedule, November 17, 2014.
\3\ Order Conditionally Approving Removal of Return Receipt for
Merchandise Service from Mail Classification Schedule, January 15,
2015 (Order No. 2322).
\4\ Response of the United States Postal Service to Order No.
2322, January 28, 2015.
\5\ See United States Postal Serv. v. Postal Reg. Comm'n, No.
16-14 (D.C. Cir. Apr. 6, 2018) (RRM Opinion).
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On August 29, 2019, the Commission closed Docket Nos. MC2015-8 and
MC2015-8R because it had been more than one year since the RRM Opinion
and the Postal Service had not indicated a renewed intent to
discontinue the RRM service.\6\ The Commission directed the Postal
Service to file a request in a new docket if it decided to discontinue
RRM service in the future. Order No. 5214 at 3. The Commission also
held that it would evaluate any future requests to remove a product
from the MCS in light of the RRM Opinion. Id.
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\6\ Order Closing Dockets, August 29, 2019, at 3 (Order No.
5214).
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In its renewed request, the Postal Service asks the Commission to
reopen this docket because it contains the record on which the Postal
Service relies in renewing its request.\7\ Moreover, the Postal Service
seeks expedited review of this request. Id. The Postal Service states
that the Commission has already held that the removal of the RRM
service comports with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., and
therefore, no new Section 3642 analysis is necessary. Id. In
[[Page 69401]]
addition, the Postal Service asserts that there have been no material
changes concerning RRM service since 2015 that require revisiting the
Commission's findings in Order No. 2322 on removal. Id. at 3. Thus, the
Postal Service requests that the Commission reinstate its original
finding that the removal of RRM service comports with 39 U.S.C. 3642
and 39 CFR 3020.30 et seq. Id. The Postal Service attached proposed
changes to the MCS should the Commission approve the request. See
Renewed Request, Attachment A.
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\7\ Renewed Request at 1 (citing Order No. 2322).
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II. Notice of Commission Action
Although the Commission directed the Postal Service to file a
request to discontinue RRM service in a new docket, the Commission
finds that the Postal Service has set forth good cause to reopen this
docket. In support of its Renewed Request, the Postal Service relies on
the information previously provided, and approved by the Commission, in
its original request for removal of the RRM service. Accordingly, the
Postal Service's motion to reopen the docket is granted.
The Postal Service requests expedited review, but does so without
suggesting a time period for comments or Commission decision. Nor does
the Postal Service discuss why expedition is necessary, especially in
light of the time that has passed since its original request and Order
No. 5214.
More than five years has passed since the original request for
removal and the Commission has since stated that it would evaluate
future requests in light of the RRM Opinion. The Commission will
provide interested persons the opportunity to comment on the renewed
request for removal of the RRM service.
Pursuant to 39 CFR 3001.45 and 3020.33, the Commission reopens
Docket No. MC2015-8 to consider the Postal Service's renewed request to
remove RRM service. The Commission invites comments from interested
persons on the Renewed Request. Comments are due no later than January
9, 2020.
Pursuant to 39 U.S.C. 505, the Commission appoints R. Tim Boone to
represent the interests of the general public (Public Representative)
in this docket.
III. Ordering Paragraphs
It is ordered:
1. The Commission grants the Postal Service's motion and reopens
Docket No. MC2015-8 to consider the Renewed Request.
2. Comments by interested persons are due by January 9, 2020.
3. Pursuant to 39 U.S.C. 505, R. Tim Boone is appointed to serve as
an officer of the Commission (Public Representative) to represent the
interests of the general public in this proceeding.
4. The Commission directs the Secretary of the Commission to
arrange for prompt publication of this notice in the Federal Register.
By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2019-27287 Filed 12-17-19; 8:45 am]
BILLING CODE 7710-FW-P