Federal Register, Volume 82 Issue 147 (Wednesday, August 2, 2017)

[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Notices]
[Page 36007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16199]


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POSTAL REGULATORY COMMISSION

[Docket No. R2017-7; Order No. 4018]


Postal Rate and Classification Changes

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is providing notice of its adjustment to the 
procedural schedule to allow for additional time to file comments 
regarding the Postal Service's filing amending prices and 
classification language for Move Update. This notice informs the public 
of the filing, invites public comment, and takes other administrative 
steps.

DATES: Comments are due August 9, 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: On June 30, 2017, the Postal Service filed a 
notice of market dominant price adjustment and classification changes 
in accordance with 39 U.S.C. 3622 and 39 CFR part 3010.\1\ On July 3, 
2017, Order No. 3990 established the procedural schedule for this 
proceeding, including a comment deadline of July 20, 2017.\2\ By rule, 
the Commission determines, at a minimum, whether the planned adjustment 
is consistent with the price cap 14 days following the comment 
deadline. See 39 CFR 3010.11(d). These dates are predicated on complete 
information being available for parties to comment on and the 
Commission to review. See, e.g., 39 CFR 3010.12(b)(3).\3\ This case 
represents a series of changes relating to the Move Update assessment 
charge, where complete information regarding the potential price cap 
impacts of the changes was not available with the Postal Service's 
initial filing, prompting several Chairman's Information Requests.\4\
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    \1\ United States Postal Service Notice of Market Dominant Price 
Adjustment and Classification Changes, June 30, 2017 (Notice).
    \2\ Notice and Order on Price Adjustment for Move Update, July 
3, 2017 (Order No. 3990). Comments for market dominant rate 
adjustments are due 20 days after the date of filing, pursuant to 39 
CFR 3010.11(a)(5).
    \3\ 39 CFR 3010.12(b)(3) requires that the Postal Service 
include with its notice of rate adjustment ``{t{time} he percentage 
change in rates for each class of mail calculated as required by 
Sec.  3010.23.'' It further requires that this information ``be 
supported by workpapers in which all calculations are shown and all 
input values, including current rates, new rates, and billing 
determinants, are listed with citations to the original sources.'' 
Id. 39 CFR 3010.23(d)(2) requires that the Postal Service ``make 
reasonable adjustments to the billing determinants to account for 
the effects of classification changes such as the introduction, 
deletion, or redefinition of rate cells.'' 39 CFR 3010.23(d)(2). In 
making those adjustments, the Postal Service is required to 
``identify and explain all adjustments'' and provide ``{a{time} ll 
information and calculations relied upon to develop the adjustments 
. . . with an explanation of why the adjustments are appropriate.'' 
Id.
    \4\ The Postal Service proposes an increase to the Move Update 
assessment charge, an updated enforcement method for the charge, and 
a change to the threshold for its tolerance of change of address 
(COA) errors. Notice at 1; id. n.1. There have been five Chairman's 
Information Requests issued in this case: Chairman's Information 
Request No. 1, July 5, 2017; Chairman's Information Request No. 2, 
July 7, 2017 (CHIR No. 2); Chairman's Information Request No. 3, 
July 13, 2017 (CHIR No. 3); Chairman's Information Request No. 4, 
July 20, 2017 (CHIR No. 4); Chairman's Information Request No. 5, 
July 27, 2017.
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    Comments filed July 20, 2017, did not have the benefit of the 
Postal Service's responses to CHIR No. 3 or CHIR No. 4 (and had only 
one day to review and consider the Postal Service's response to CHIR 
No. 2). The Association for Postal Commerce notes that ``a few elements 
in the Postal Service's filing, and in its proposed Move Update 
assessment process generally, . . . warrant further explanation.'' \5\
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    \5\ Comments of the Association for Postal Commerce, July 20, 
2017, at 1 (PostCom Comments).
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    The Commission, due to the potential importance of this missing 
information to the issues of the proceeding (for both informed comments 
and the Commission's review), finds that commenters and its own review 
would be prejudiced without equitably tolling the time of filing (and 
deadlines set by that time of filing). Therefore, the Commission finds 
it necessary to constructively adjust (toll) the filing date for Postal 
Service's Notice to July 20, 2017, at which time the Postal Service had 
provided the bulk of the information necessary to evaluate the 
potential impacts of proposed changes in its Notice. As a result, 
commenters may file additional comments by August 9, 2017.\6\ Likewise, 
the date required by 39 CFR 3010.11(d) for the Commission's 
determination shall be August 23, 2017.
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    \6\ All comments received to date shall also be considered.
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    It is ordered:
    1. Any additional comments are due by August 9, 2017.
    2. The Commission's determination, pursuant to 39 CFR 3010.11(d) 
shall be filed by August 23, 2017.
    3. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2017-16199 Filed 8-1-17; 8:45 am]
 BILLING CODE 7710-FW-P