Mail Classification Schedule

Published date08 July 2019
Citation84 FR 32317
Record Number2019-14275
SectionRules and Regulations
CourtPostal Regulatory Commission
Federal Register, Volume 84 Issue 130 (Monday, July 8, 2019)
[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
                [Rules and Regulations]
                [Page 32317]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-14275]
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                POSTAL REGULATORY COMMISSION
                39 CFR Part 3020
                [Docket No. RM2019-3; Order No. 5140]
                Mail Classification Schedule
                AGENCY: Postal Regulatory Commission.
                ACTION: Final rule.
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                SUMMARY: The Commission adopts final rules that require the Postal
                Service to provide additional information when it proposes updates to
                the size and weight limitations applicable to market dominant mail
                matter.
                DATES: Effective: August 7, 2019.
                ADDRESSES: For additional information, Order No. 5140 can be accessed
                electronically through the Commission's website at https://www.prc.gov.
                FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at
                202-789-6820.
                SUPPLEMENTARY INFORMATION:
                Table of Contents
                I. Background
                II. Basis and Purpose of the Final Rule
                I. Background
                 On May 8, 2019, the Commission proposed changes to 39 CFR
                3020.111(a) to include the requirement that the Postal Service describe
                how a proposed update to a size or weight limitation would impact
                competitors and users of the product(s). The Commission also proposed a
                requirement that the Postal Service explain how a size and weight
                limitation change is in accordance with the policies and applicable
                criteria of chapter 36 of title 39 of the United States Code. After
                consideration of the comments submitted, the Commission adopts final
                rules.
                II. Basis and Purpose of the Final Rule
                 The Commission initiated this proceeding to evaluate whether
                changes to Mail Classification Schedule provisions that, in effect, add
                products to, remove products from, or transfer products between product
                lists are changes that implicate the requirements of 39 U.S.C. 3642.
                The Commission sought comments from interested parties on whether it
                should update its regulations to require information pursuant to
                section 3642 when changes to the size and weight limitations appear to
                modify the product lists.
                 After consideration of the comments submitted, the Commission finds
                that the amendments to 39 CFR 3020.111(a) strike the appropriate
                balance between requiring additional information to adequately assess
                the potential effects of a size and weight limitation change, without
                being unduly burdensome to the Postal Service. Moreover, the Commission
                finds that the proposed amendments are sufficient for the Commission to
                analyze whether a proposed size and weight limitation change would
                involve unreasonable price increases, unreasonable discrimination, or
                any other material harm to users and competitors. Although both the
                Greeting Card Association and the Association for Postal Commerce
                expressed concern regarding the scope of the rules and possible impacts
                on volume, both commenters noted that the Commission could address
                those concerns via proposed sections 3020.111(a)(2) and (3).
                Accordingly, the Commission adopts the revisions to 39 CFR 3020.111(a).
                Final Rules
                 The Commission amends the rules for updating size and weight
                limitations in 39 CFR part 3020.
                List of Subjects for 39 CFR Part 3020
                 Administrative practice and procedure, Postal Service.
                 For the reasons stated in the preamble, the Commission amends
                chapter III of title 39 of the Code of Federal Regulations as follows:
                PART 3020--PRODUCT LISTS
                0
                1. The authority citation for part 3020 continues to read as follows:
                 Authority: 39 U.S.C. 503, 3622, 3631, 3642, 3682.
                0
                2. Amend Sec. 3020.111, by revising paragraph (a) to read as follows:
                Sec. 3020.111 Limitations applicable to market dominant mail matter.
                 (a) The Postal Service shall inform the Commission of updates to
                size and weight limitations for market dominant mail matter by filing
                notice with the Commission 45 days prior to the effective date of the
                proposed update. The notice shall:
                 (1) Include a copy of the applicable sections of the Mail
                Classification Schedule and the proposed updates therein in legislative
                format;
                 (2) Describe the likely impact that the proposed update will have
                on users of the product(s) and on competitors; and
                 (3) Describe how the proposed update is in accordance with the
                policies and the applicable criteria of chapter 36 of title 39 of the
                United States Code.
                * * * * *
                 By the Commission.
                Ruth Ann Abrams,
                Acting Secretary.
                [FR Doc. 2019-14275 Filed 7-5-19; 8:45 am]
                BILLING CODE 7710-FW-P
                

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