Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules 33879 

1United States Postal Service Petition for 

Rulemaking on Periodic Reporting, December 27, 

2017 (Petition). 

2Advance Notice of Proposed Rulemaking to 

Revise Periodic Reporting Requirements, January 5, 

2018 (Order No. 4347). 

3 Docket No. RM2008–4, Notice of Final Rule 

Prescribing Form and Content of Periodic Reports, 

April 16, 2009 (Order No. 203). 

4 Id. at 4. The Postal Service also requests that the 

Quarter 4 Billing Determinants report be 

incorporated into the annual Billing Determinants 

report rather than submitted as a standalone filing. 

Id. The Postal Service states that eliminating the 

standalone filing would help the Postal Service 

more effectively allocate scarce time and resources. 

Id. 

5 Id. The Postal Service also requests updating 

Table 2 to reflect the name change of Standard Mail 

to USPS Marketing Mail. Id. at 8. 

6Public Representative Comments on Advance 

Notice of Proposed Rulemaking to Revise Periodic 

Reporting Requirements, March 7, 2018 (PR 

Comments); Comments of United Parcel Service, 

Inc. on Advance Notice of Proposed Rulemaking to 

Revise Periodic Reporting Requirements, March 7, 

2018 (UPS Comments). 

7Reply Comments of the United States Postal 

Service, April 6, 2018 (Postal Service Reply 

Comments); Reply Comments of the Parcel Shippers 

Association (PSA), April 6, 2018 (PSA Reply 

Comments). 

decision adopting these rules as final 

regulations in the Federal Register. 

Kirsten Wielobob, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2018–15351 Filed 7–13–18; 4:15 pm] 

BILLING CODE 4830–01–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3050 

[Docket No. RM2018–2; Order No. 4706] 

Periodic Reporting Requirements 

AGENCY: Postal Regulatory Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission is proposing 

revisions to the periodic reporting 

requirements codified in our 

regulations. This document informs the 

public of the proposed rules, invites 

public comment, and takes other 

administrative steps. 

DATES: Comments are due: August 17, 

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. Comments 

IV. Analysis of Proposed Changes 

V. Solicitation of Comments 

VI. Conclusion 

I. Introduction 

On December 27, 2017, the Postal 

Service filed a request for the 

Commission to consider revisions to the 

periodic reporting requirements 

codified in 39 CFR part 3050.1 On 

January 5, 2018, the Commission 

established this docket and invited 

comments regarding the Postal Service’s 

proposed revisions.2 Based on 

comments received in response to the 

Commission’s advance notice of 

proposed rulemaking, the Commission 

proposes the following revisions to the 

periodic reporting requirements found 

in 39 CFR part 3050. 

II. Background 

The Postal Accountability and 

Enhancement Act (PAEA) granted the 

Commission enhanced information 

gathering and reporting responsibilities. 

See 39 U.S.C. 3652(e)(1). The PAEA 

provides that the Commission shall 

prescribe the content and form of the 

public reports the Postal Service files 

with the Commission under section 

3652. In Docket No. RM2008–4, the 

Commission approved its current 

periodic reporting requirements.3

On December 27, 2017, the Postal 

Service filed a request for the 

Commission to consider revisions to the 

periodic reporting requirements. First, 

the Postal Service requests that the 

Commission adjust the deadlines for the 

quarterly Revenue, Pieces, and Weight 

(RPW) report; the Quarterly Statistics 

Report (QSR); the quarterly Billing 

Determinants report; and the monthly 

National Consolidated Trial Balance and 

Revenue and Expense Summary (Trial 

Balance) report to align the deadlines 

with other financial reporting deadlines. 

Petition at 1. The Postal Service states 

that aligning these deadlines with other 

financial reporting deadlines will avoid 

potential restatements of the earlier filed 

reports once the data for the later filed 

reports are finalized. Id. at 3. 

Specifically, the Postal Service seeks 

to move the quarterly and year-end 

deadlines for the RPW and QSR reports 

so that they are the same as the Form 

10–Q and Form 10–K due dates. Id. at 

2–3. In addition, the Postal Service 

requests that the Commission extend 

deadlines for quarterly Billing 

Determinants reports to 60 days after the 

end of Quarters 1, 2, and 3, and 90 days 

after the end of Quarter 4.4 The Postal 

Service also requests that the 

Commission revise the periodic 

reporting rules so that the Trial Balance 

reports and the Monthly Summary 

Financial reports have the same 

deadline. Id. at 5–6. 

Second, the Postal Service requests 

that the Commission modify the format 

of the Monthly Summary Financial 

Report to make the report more 

consistent with the Postal Service’s 

quarterly and annual financial reports. 

Id. at 1. The Postal Service states that 

the term ‘‘Operating Revenue’’ as used 

in Tables 1 and 2 of the Monthly 

Summary Financial Report does not 

correspond with its usage in its Form 

10–K reports. Id. at 7. The Postal Service 

requests revisions to Tables 1 and 2 of 

the Monthly Summary Financial Report 

so that the items and amounts reported 

for total operating revenue reconcile on 

both tables and the breakdown for 

revenue more closely aligns with the 

format in its other financial reports.5

Third, the Postal Service requests that 

the Commission consider eliminating or 

modifying any reporting requirements 

that have become unnecessary or 

irrelevant since implementation of the 

current periodic reporting rules in 2009. 

Id. at 1. The Postal Service requests that 

the Commission consider eliminating or 

modifying these requirements to avoid 

imposing ‘‘unnecessary or unwarranted 

administrative effort and expense’’ on 

the Postal Service. Id. at 9 (citing 39 

U.S.C. 3652(e)(1)). 

III. Comments 

On March 7, 2018, the Public 

Representative and United Parcel 

Service, Inc. (UPS) filed comments.6 On 

April 6, 2018, the Postal Service and the 

Parcel Shippers Association (PSA) filed 

reply comments.7

Public Representative. The Public 

Representative divides her discussion 

into two sections. First, she discusses 

the guiding principles the Commission 

should consider when revising its 

periodic reporting requirements. PR 

Comments at 2–4. Specifically, she 

observes that the PAEA outlines three 

guiding principles for the Commission 

to consider when determining the 

content and form of the Postal Service’s 

public reports submitted under 39 

U.S.C. 3652. Id. at 2. The three guiding 

principles are whether the requirement 

‘‘(A) provid[es] the public with timely, 

adequate information to assess the 

lawfulness of rates charged; (B) avoid[s] 

unnecessary or unwarranted 

administrative effort and expense on the 


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8UPS Comments at 4–6. 

9 Id. at 6–7. 

10 Id. at 7–10. UPS notes that the ‘‘Postal Service 

may claim that the entire organization is one 

segment because of the close integration of their 

market[]dominant and competitive products[.]’’ Id. 

at 8. UPS states that this ‘‘close integration’’ 

between the market dominant and the competitive 

products is justification for requiring the Postal 

Service to report on market dominant and 

competitive products separately. Id. UPS suggests 

that the requirement that the Postal Service 

maintain separate accounts for market dominant 

and competitive products indicates that the PAEA 

envisioned that the Postal Service would provide 

financial reports that distinguish between those 

accounts. Id. at 8–9. 

part of the Postal Service; and (C) 

protect[s] the confidentiality of 

commercially sensitive information.’’ Id. 

(citing 39 U.S.C. 3652(e)(1)). The Public 

Representative concludes that, 

generally, the periodic reporting 

requirements in 39 CFR part 3050 

‘‘enable the Commission to carry out its 

duties and serve the public interest’’ 

and that any revisions should be 

consistent with the guiding principles 

in section 3652(e)(1). Id. at 4. 

Second, the Public Representative 

discusses each of the Postal Service’s 

specific requests. In response to the 

Postal Service’s request to revise the 

filing deadlines for the Trial Balance, 

RPW, QSR, and Billing Determinants 

reports, the Public Representative states 

that she supports ‘‘any proposed 

extensions that would reduce 

administrative expense or effort 

expended by the Postal Service, so long 

as the proposed extensions do not 

disrupt the Commission’s or the public’s 

need for this information on a timely 

basis.’’ Id. at 4–5. The Public 

Representative suggests an additional 

revision to the filing deadline for the 

Monthly Summary Financial Report for 

the last month of each quarter. Id. at 5. 

She notes that there is no Form 10–Q 

report filed for the fourth fiscal quarter 

and suggests that § 3050.28(b)(1) be 

revised so that Monthly Summary 

Financial Reports for the last month of 

each fiscal quarter be due when the 

Postal Service files the Form 10–Q or 

the Form 10–K report (whichever is 

applicable). Id. at 5–6. 

The Public Representative does not 

object to the Postal Service’s proposed 

revisions to Tables 1 and 2 of the 

Monthly Summary Financial Reports. 

Id. at 6–7. Specifically, she notes that 

the proposed revision to replace 

‘‘Standard Mail’’ with ‘‘USPS Marketing 

Mail’’ simply reflects the Postal 

Service’s request, and the Commission’s 

approval, to change the name of the 

class. Id. at 6. Additionally, she states 

that the other proposed changes to 

Tables 1 and 2 ‘‘should better align the 

preliminary financial information’’ 

provided in the Postal Service’s 

monthly financial reports with its 

Form10–Q and Form 10–K reports. Id. 

She notes that adequate transparency 

remains because information that would 

no longer be included in the revised 

Tables 1 and 2 remains publicly 

available in other periodic reports. Id. at 

6–7. 

The Public Representative notes that 

it is difficult to evaluate the Postal 

Service’s request that the Commission 

eliminate or modify the scope of the 

required reports because the Postal 

Service did not identify any 

‘‘unnecessary’’ or ‘‘unwarranted’’ 

periodic reporting requirements. Id. at 7. 

She states that such an evaluation 

requires more specific information 

related to the administrative effort and 

expense on the Postal Service to meets 

its periodic reporting requirements. Id. 

Specifically, she notes that it would be 

helpful if the Postal Service discussed: 

‘‘the data that must be collected to 

comply with the rule; the effort and 

expense incurred to collect the data 

required by the rule; whether the data 

would be collected if the rule did not 

require reporting; the accessibility and 

availability of the data to the public, 

other than through the filing of the 

periodic report required by the rule; the 

applicable Postal Service data retention 

policy; whether the report would be 

generated if the rule did not require 

reporting; and the effort and expense 

incurred to generate the report.’’ Id. at 

7–8. 

The Public Representative observes 

that the current periodic reporting 

requirements are ‘‘designed to minimize 

administrative effort and expense 

expended by the Postal Service.’’ Id. at 

8. For example, she notes that few 

periodic reporting requirements 

‘‘impose specific detailed form 

requirements’’ and the rules that do 

impose certain form requirements seek 

to ensure that the Postal Service 

provides the data in a consistent and 

useful manner. Id. However, the Public 

Representative does note that the 

Commission could streamline the rules 

that require duplicative submissions. Id. 

UPS. In its comments, UPS discusses 

the specific revisions requested by the 

Postal Service; 8 expresses concern that 

the Commission provide notice and an 

opportunity for comment on any 

proposal to eliminate or modify the 

Postal Service’s periodic reporting 

requirements; 9 and requests that the 

Commission require the Postal Service 

to provide segment-level reporting for 

its competitive products.10 In regards to 

the requested revisions to certain 

reporting deadlines, UPS acknowledges 

the ‘‘merit in aligning the release of 

periodic reports,’’ and ‘‘supports 

modifying the reporting deadlines 

insofar as it relieves the reporting 

burden on the Postal Service and helps 

provide more accurate data.’’ Id. at 4. 

However, UPS does not support the 

requested revisions to the format of the 

Monthly Summary Financial Report. Id. 

at 5. UPS expresses concern that the 

requested modification—specifically, 

the revisions to the definition of 

operating revenue—‘‘could hamper the 

ability of the Commission and other 

interested parties to look at trends or do 

any longitudinal analysis.’’ Id. UPS 

states that the Postal Service, a 

government agency, should not be able 

to ‘‘self-define’’ the terms it uses in its 

Form 10–Q and Form 10–K reports and 

seeks to minimize the Postal Service’s 

use of self-defined terms. Id. at 5–6. 

PSA Reply Comments. In its reply 

comments, PSA addresses two issues 

raised in the UPS Comments. PSA Reply 

Comments at 1. First, PSA agrees that if 

the Commission decides to adopt the 

proposed additional changes to the 

reporting requirements, that the 

Commission should ‘‘continue its 

practice of providing notice of the 

proposed changes and an opportunity 

for interested parties to comment.’’ Id. 

Second, PSA disagrees with UPS’s 

request that ‘‘ ‘[t]he Commission ensure 

that all changes requested by the Postal 

Service increase, rather than decrease, 

the quality and quantity of the 

information that is available to the 

public’ and ‘hold the Postal Service to 

higher accounting and reporting 

standards than those imposed on their 

private sector counterparts.’ ’’ Id. at 1–2 

(quoting UPS Comments at 2). PSA 

states that the approach proposed by 

UPS would only increase the Postal 

Service’s reporting requirements and 

administrative burden and is 

inappropriate given that the Postal 

Service currently provides substantial 

data on its competitive products in its 

periodic reports. Id. at 2. PSA states 

such data reporting is ‘‘likely much 

greater than that of its private 

competitors’’ and allows the 

Commission to determine statutory 

compliance. Id. Instead, PSA asserts that 

the Commission should consider 

whether new reporting requirements are 

necessary to allow the Commission to 

review compliance and whether the 

requirements adequately protect 

proprietary information. Id. 

Postal Service Reply Comments. The 

Postal Service first addresses the Public 

Representative’s comments that more 

information is needed about the 

administrative effort and expense of 

reporting requirements to determine 

whether the Commission should 


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11 39 CFR 3050.40(a)(1). 

12 Id. 3050.40(a)(2). 

eliminate or modify any unnecessary 

reporting requirements. Postal Service 

Reply Comments at 1. The Postal 

Service responds that any amount of 

resources dedicated to producing 

unnecessary reports contravenes 39 

U.S.C. 3652(e)(1)(B) because such 

reports may no longer aid the 

Commission. Id. at 1–2. The Postal 

Service states that the Commission’s 

experience since the implementation of 

the reporting requirements renders the 

Commission able to assess whether each 

report remains useful for its intended 

purpose. Id. at 2. 

The Postal Service agrees with the 

Public Representative’s proposal that 

the Commission clarify that its 

September Monthly Summary Financial 

Report is due with the submission of the 

Form 10–K. Id. at 3. 

The Postal Service addresses UPS’s 

concerns with the Postal Service’s use of 

self-defined terms. Id. at 4–5. The Postal 

Service states that UPS does not identify 

any problems resulting from prior use of 

the requested definitions and does not 

explain why the new format would be 

any more or any less consistent with 

U.S. Securities and Exchange 

Commission (SEC) reporting by private 

companies. Id. at 5. The Postal Service 

also responds to UPS’s suggestion that 

the Commission require separate 

segment-level reporting for market 

dominant and competitive products. Id. 

at 6. The Postal Service considers such 

a requirement a ‘‘major substantive 

expansion of the periodic reporting 

obligations.’’ Id. The Postal Service 

further states that application of 

Financial Accounting Standards Board 

standards ‘‘points inexorably toward the 

conclusion that the Postal Service 

operates as one segment.’’ Id. 

IV. Analysis of Proposed Rule Changes 

A. Legal Authority 

The PAEA requires the Commission 

to determine the content and form of the 

Postal Service’s periodic reporting. 39 

U.S.C. 3652(e)(1). The Commission may, 

either on its own motion or on the 

request of an interested party, initiate 

proceedings to improve the quality, 

accuracy, or completeness of the Postal 

Service data used in assessing statutory 

compliance. Id. 3652(e)(2). 

The Postal Service petitioned the 

Commission to: (1) Change the 

deadlines for certain periodic reports; 

(2) modify the format of the Monthly 

Summary Financial Report, and (3) 

eliminate or modify any existing 

reporting requirements that are 

unnecessary. Pursuant to its authority 

under 39 U.S.C. 3652(e)(1), the 

Commission makes the following 

modifications to periodic reporting 

requirements. 

B. Deadlines for Certain Periodic 

Reports 

The Postal Service proposes to move 

the deadlines for several periodic 

reports. These reports include quarterly 

RPW and QSR reports, quarterly Billing 

Determinants reports, and monthly Trial 

Balance reports. Petition at 2–6. 

No commenter objected to the 

proposed deadline modifications. The 

Public Representative ‘‘supports any 

proposed extensions that would reduce 

administrative expense or effort 

expended by the Postal Service,’’ 

provided that the Commission and 

public receive necessary information on 

a timely basis. PR Comments at 5. 

Similarly, UPS ‘‘supports modifying the 

deadlines insofar as it relieves the 

reporting burden on the Postal Service 

and helps provide more accurate data.’’ 

UPS Comments at 4. 

The Commission agrees with the 

Postal Service, the Public 

Representative, and UPS that the 

proposed deadlines appear to align with 

other financial reporting deadlines. 

Moving the deadlines for these reports 

should create more streamlined 

reporting and help ensure that the 

Postal Service is able to provide timely 

and accurate financial reports to the 

Commission. Accordingly, the 

Commission proposes to modify the 

following reporting requirements. 

1. Section 3050.25 Volume and 

revenue data. 

Proposed § 3050.25(c) is revised to 

state that quarterly RPW reporting is 

due within 40 days of the close of 

Quarters 1, 2, and 3, and 60 days of 

Quarter 4, but no later than the filing of 

the Form 10–Q or Form 10–K reports. 

This modification aligns the RPW 

reporting deadlines for Quarters 1, 2, 

and 3 with the deadlines for filing the 

Form 10–Q report,11 and the RPW 

reporting deadline for Quarter 4 with 

the deadline for filing the Form 10–K 

report.12

Proposed § 3050.25(d) is revised to 

extend the QSR reporting deadline to 40 

days from the close of Quarters 1, 2, and 

3, and 60 days for Quarter 4, but no later 

than the filing of the Form 10–Q or 

Form 10–K reports. This modification 

aligns the QSR deadlines with the 

deadlines for Form 10–Q report and 

Form 10–K report filings, respectively. 

Proposed § 3050.25(e) is revised to 

extend the deadline for submitting 

quarterly Billing Determinants reports to 

60 days after the close of Quarters 1, 2, 

and 3 and 90 days after the close of 

Quarter 4. This revision allows the 

Postal Service ample time to produce 

billing determinants using key inputs, 

such as the quarterly RPW report. The 

extension for filing of the Quarter 4 

quarterly Billing Determinants report to 

90 days aligns it with the deadline for 

the annual billing determinants report 

as stated in § 3050.25(b). 

2. Section 3050.28 Monthly and pay 

period reports. 

Proposed § 3050.28(b) is revised to 

reflect that the Monthly Summary 

Financial Report for the last months of 

Quarters 1, 2, and 3 is due at the time 

of filing the Form 10–Q report. As the 

Public Representative notes, the Postal 

Services files the Form 10–K report, not 

the Form 10–Q report, after Quarter 4. 

Accordingly, the Commission proposes 

to change the deadline for the Monthly 

Summary Financial Report for the final 

month of Quarter 4 to align with the 

filing of the Form 10–K report. The 

deadlines for the first two months of 

each quarter is the 24th day of the 

following month. 

Proposed § 3050.28(c) is revised to 

align the deadline for filing National 

Consolidated Trial Balance and Revenue 

and Expense Summary for the last 

months of each quarter with the 

deadlines for the Monthly Summary 

Financial Report. For the last months of 

Quarters 1, 2, and 3, the National 

Consolidated Trial Balance and Revenue 

and Expense Summary is due with the 

Form 10–Q report, and for the last 

month of Quarter 4 it is due with the 

Form 10–K report. For the first two 

months of each quarter, the National 

Consolidated Trial Balance and Revenue 

and Expense Summary are due on the 

24th day of the following month, 

aligned with the deadline for the 

Monthly Summary Financial Report. 

C. Format of Monthly Summary 

Financial Report 

The Postal Service seeks modification 

of the format of the Monthly Summary 

Financial Report, as illustrated at 

§ 3050.28(b)(1). Petition at 6–8. The 

Postal Service proposes to modify Table 

1, USPS Monthly Financial Statement, 

renaming ‘‘Total Operating Revenue’’ as 

‘‘Operating Revenue’’ while removing 

subcomponents ‘‘Mail and Services 

Revenue’’ and ‘‘Government 

Appropriations.’’ Id. at 7. The Postal 

Service proposes one line item for 

‘‘Operating Revenue,’’ one for ‘‘Other 

Revenue,’’ and a third line for ‘‘Total 

Revenue.’’ Id. The Postal Service states 

that this modification is consistent with 

the reporting requirements and 

definitions for Form 10–Q and Form 10– 

K reporting. Id. The Postal Service states 


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13United States Postal Service, 2017 Report on 

Form 10–K, November 14, 2017, at 19. 

14See, e.g., United States Postal Service, National 

Trial Balance and Statement of Revenue and 

Expenses, March 2018, May 10, 2018, Excel file 

‘‘National Trial Balance—Redacted March 2018 (FY 

2018).xls,’’ row 907. 

15 Docket No. R2017–1, Order on Price 

Adjustments for Special Services Products and 

Related Mail Classification Changes, December 15, 

2016, at 18 (Order No. 3670). 

16 Docket No. ACR2016, Annual Compliance 

Determination, March 28, 2017, at 69 (FY 2016 

ACD). 

that while ‘‘Government 

Appropriations’’ will no longer be its 

own line item on the Monthly Summary 

Financial Report, it will still be a 

component of ‘‘Operating Revenue,’’ 

consistent with how it is reported for 

U.S. Generally Accepted Accounting 

Principles purposes. Id. 

The Postal Service also proposes to 

modify the format of Table 2, Mail 

Volume and Mail Revenue. Id. at 7–8. It 

seeks to replace the ‘‘Total All Mail’’ 

input with ‘‘Total Operating Revenue,’’ 

which would match the ‘‘Operating 

Revenue’’ input from Table 1. Id. at 8. 

Finally, the Postal Service seeks to 

change the input for ‘‘Standard Mail’’ to 

‘‘USPS Marketing Mail,’’ accurately 

reflecting the new name of the mail 

class. Id. 

UPS requests that the Commission 

consider parallel SEC reporting 

definitions for publicly traded delivery 

companies. UPS Comments at 6. UPS 

also suggests requiring the Postal 

Service to reproduce past monthly 

reports using the proposed new format, 

or require the Postal Service to produce 

two reports—one using the new format 

and one using the old format—for the 

first 12 months after adoption of the 

new format. Id. 

The Postal Service’s proposal to 

modify the format of the Monthly 

Summary Financial Report is consistent 

with the definition of ‘‘operating 

revenue’’ for purposes of Form 10–K 

reporting.13 The Commission does not 

identify any of the changes as 

diminishing the amount of adequacy of 

the information provided. While line 

inputs for ‘‘Mail and Service Revenue’’ 

and ‘‘Government Appropriations’’ will 

collapse into the new ‘‘Operating 

Revenue’’ input, the information 

specific to those categories will remain 

available. For example, the amount 

reported for ‘‘Government 

Appropriations’’ in Table 1 is located in 

the monthly filed Postal Service 

‘‘National Trial Balance’’ in account 

number 41431.000 ‘‘Free and Reduced 

Rate Mail.’’ 14 Given that the proposal 

does not appear to disrupt the ability of 

the Commission or the public to access 

timely and adequate information, the 

Commission proposes the following rule 

modifications. 

1. Section 3050.28(b)(1), Table 1— 

USPS Monthly Financial Statement. 

Proposed § 3050.28(b)(1) changes the 

input ‘‘Total Operating Revenue’’ to 

‘‘Total Revenue’’ in Table 1. The 

existing input for ‘‘Operating Revenue’’ 

will remain, but the component inputs 

‘‘Mail and Services Revenue’’ and 

‘‘Government Appropriations’’ are 

removed. A new heading, ‘‘Revenue,’’ 

holds the inputs for ‘‘Operating 

Revenue,’’ a new input for ‘‘Other 

Revenue,’’ and their combined sum in 

the new ‘‘Total Revenue’’ input. 

2. Section 3050.28(b)(1), Table 2— 

Mail Volume and Mail Revenue. 

Proposed § 3050.28(b)(1) changes the 

current input of ‘‘Standard Mail’’ to 

‘‘USPS Marketing Mail’’ in Table 2. This 

change is consistent with the change to 

the name of the class, approved in Order 

No. 3670.15

The Commission considers the Postal 

Service’s proposal to rename ‘‘Total All 

Mail’’ with ‘‘Total Operating Revenue’’ 

to be potentially confusing. The 

components within the input are 

‘‘Volume’’ and ‘‘Revenue.’’ To avoid 

having an input for the ‘‘Volume’’ of 

‘‘Total Operating Revenue,’’ the 

Commission proposes to remove the 

‘‘Total All Mail’’ input and its 

components. Instead, the Commission 

proposes to add distinct inputs for 

‘‘Total Volume’’ and ‘‘Total Operating 

Revenue.’’ The ‘‘Total Operating 

Revenue’’ input will match the 

‘‘Operating Revenue’’ input from Table 

1. 

D. Modifications Deemed Necessitated 

by the Public Interest 

Though the Postal Service requests 

that the Commission eliminate or 

modify any unnecessary reporting 

requirements, it does not offer any 

specific suggestions. Petition at 9–10. 

UPS urges the Commission to require 

segment-level reporting for competitive 

products. UPS Comments at 7. Because 

the PAEA requires a level of structural 

separation of market dominant and 

competitive products for accounting 

purposes, UPS states the Commission 

should require separate segment-level 

reporting for competitive products. Id. 

at 8, 10. 

In prescribing the content and form of 

annual reports, the Commission must 

consider the adequacy of the 

information to assess the lawfulness of 

rates charged. 39 U.S.C. 3652(e)(1)(A). 

The Commission finds that the current 

approach of reporting as a single 

segment is adequate for the purposes of 

determining compliance. Furthermore, 

in consideration of 39 U.S.C. 

3652(e)(2)(A), the Commission does not 

find that the practice of reporting as a 

single segment is inaccurate or in need 

of substantial improvement. 

Accordingly, the Commission does not 

adopt the UPS proposal to require 

segment-level reporting for competitive 

products. 

The Commission has considered all 

comments and reply comments and has 

evaluated the necessity of modifications 

to the financial reporting requirements. 

The Commission proposes the following 

changes. 

1. Section 3050.21 Content of the 

Postal Service’s section 3652 report. 

The Commission has identified 

several areas where, in the course of 

preparing the Annual Compliance 

Determination (ACD), more detailed 

annual financial reporting would better 

enable the Commission to assess PAEA 

compliance. For the required 

information, the Commission has, to 

date, been able to request the 

information from the Postal Service 

during the compressed timeline of the 

proceeding, which results in the 

submission of the necessary information 

but creates a burden on the Commission 

and the Postal Service to identify where 

information gaps exist and produce the 

information required to fill them in a 

compressed timeframe. In order to 

streamline the ACD process and 

eliminate the administrative effort of 

both the Postal Service and Commission 

during Annual Compliance Review 

dockets, the Commission proposes to 

add certain information to the required 

content of the Postal Service’s section 

3652 report. 

Section 3050.21(f)(6). In the FY 2016 

ACD, the Commission directed the 

Postal Service to provide information 

demonstrating that noncompensatory 

bilateral agreements improve the net 

financial position of the Postal Service 

over Universal Postal Union (UPU) 

default terminal dues rates.16 The 

Commission finds such information 

necessary to determine whether market 

dominant negotiated service agreements 

(NSAs) are compliant with 39 U.S.C. 

3622(c)(10)(A). Accordingly, the 

Commission proposes to add 

§ 3050.21(f)(6). The proposed section 

requires the Postal Service to file with 

its Annual Compliance Report, 

documentation demonstrating that 

noncompensatory market dominant 

NSAs improve the Postal Service’s net 

financial position or enhance the 

performance of mail preparation, 


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17 Docket No. ACR2017, Chairman’s Information 

Request No. 7 and Notice of Filing Under Seal, 

January 23, 2018, question 3 (CHIR No. 7). 

18 Docket No. ACR2017, Responses of the United 

States Postal Service to Questions 1–3 of 

Chairman’s Information Request No. 7, January 30, 

2018, question 3, Excel file ‘‘Resp.Q.3.Attach A_MD 

Fee Distrbtn.xlsx.’’ 

19 Docket No. ACR2017, Library Reference USP– 

FY17–NP36, January 30, 2018. 

20 Docket No. ACR2017, Chairman’s Information 

Request No. 1, January 5, 2018 (CHIR No. 1). 

21See Docket No. ACR2017, CHIR No. 1, 

questions 2, 3, 4, 7, 8, 10, 15, and 16. 

22 Docket No. ACR2017, Responses of the United 

States Postal Service to Questions 1–16 of 

Chairman’s Information Request No. 1, January 12, 

2018 (Docket No. ACR2017, Responses to CHIR No. 

1); Library Reference USPS–FY17–NP31, January 

12, 2018. 

23 In its Docket No. ACR2017, Responses to CHIR 

No. 1, question 15, the Postal Service indicated that 

service performance measurements for Inbound 

Parcel Post are only available for the periods 

January through June and July through August. The 

Postal Service provided this data in Library 

Reference USPS–FY17–NP31. 

24 Docket No. ACR2017, Chairman’s Information 

Request No. 2, January 10, 2018, question 3 (CHIR 

No. 2). 

25 Docket No. ACR2017, Responses of the United 

States Postal Service to Questions 1–19 of 

Chairman’s Information Request No. 2, January 17, 

2018, question 3, Excel file 

‘‘ChIR.2.Q.3.LDC.Workhours—FY17.xlsx.’’ 

26 Docket No. ACR2017, Annual Compliance 

Determination, March 29, 2018, at 68 (FY 2017 

ACD). See FY 2016 ACD at 66; Docket No. 

ACR2015, Annual Compliance Determination, 

March 28, 2016, at 70 (FY 2015 ACD); Docket No. 

ACR2014, Annual Compliance Determination, 

March 27, 2015, at 53 (FY 2014 ACD); Docket No. 

ACR2013, Annual Compliance Determination, 

March 27, 2014, at 59 (FY 2013 ACD); Docket No. 

ACR2012, Annual Compliance Determination, 

March 28, 2013, at 143 (FY 2012 ACD); Docket No. 

ACR2011, Annual Compliance Determination, 

March 28, 2012, at 143–144 (FY 2011 ACD); Docket 

No. ACR2010, Annual Compliance Determination, 

March 29, 2011, at 130–131 (FY 2010 ACD); Docket 

No. ACR2009, Annual Compliance Determination, 

March 29, 2010, at 108–109 (FY 2009 ACD); Docket 

No. ACR2008, Annual Compliance Determination, 

March 30, 2009, at 81 (FY 2008 ACD); Docket No. 

ACR2007, Annual Compliance Determination, 

March 27, 2008, at 115, 118 (FY 2007 ACD). 

27FY 2017 ACD at 65; FY 2011 ACD at 144. 

28FY 2008 ACD at 82; FY 2007 ACD at 116. 

Pursuant to section 3663 of the Postal 

Reorganization Act, the Commission issued eight 

annual reports, apart from IM99–1, to Congress 

covering Fiscal Years 1998 through 2005. See 

Docket Nos. IM99–1, IM2000–1, IM2001–1, 

IM2002–2, IM2003–1, IM2004–1, IM2005–1, and 

IM2006–1. 

29FY 2017 ACD at 66; FY 2015 ACD at 69; FY 

2012 ACD at 145. 

30FY 2017 ACD at 66. 

31FY 2013 ACD at 60; FY 2012 ACD at 145. 

32FY 2009 ACD at 109; FY 2008 ACD at 82. 

processing, transportation, or other 

functions. 

Section 3050.21(j). In Docket No. 

ACR2017, Chairman’s Information 

Request No. 7 requested that the Postal 

Service provide a distribution of market 

dominant and competitive fees found in 

the RPW report.17 The Postal Service 

responded to CHIR No. 7, providing the 

mail fee distributions for both market 

dominant 18 and competitive mail.19

The Commission used this information 

to prepare the FY 2017 ACD and 

considers the information necessary for 

future determinations of compliance. To 

this end, the Commission proposes 

revising § 3050.21(j). As currently 

constructed, the section requires the 

Postal Service to provide any 

information it believes will help the 

Commission evaluate compliance with 

title 39. The Commission proposes to 

move that requirement to § 3050.21(n), 

placing it at the end of the list of annual 

reporting requirements. The 

Commission’s proposal replaces the 

current § 3050.21(j) with a requirement 

that the Postal Service provide a 

distribution breakdown of mail fees for 

market dominant and competitive 

products. The purpose of the proposed 

change is to provide the Commission 

each year with the same information 

that the Postal Service provided in 

response to Docket No. ACR2017, CHIR 

No. 7, question 3. 

Section 3050.21(k). In Docket No. 

ACR2017, Chairman’s Information 

Request No. 1 requested data related to 

several international mail products.20

The questions relating to these products 

included requests for information on 

quarterly and annual data on third-party 

service performance measurements.21

Also requested was the amount of 

forfeited revenue for failing to meet the 

applicable service performance 

requirements. Id. questions 4, 10, and 

16.a. The Postal Service provided all of 

the requested information.22 The Postal 

Service’s Library Reference USPS– 

FY17–NP31 provided the Commission 

with more complete and accurate 

financial information regarding certain 

products.23 The Commission finds that 

having such information included as 

part of the Postal Service’s annual filing, 

rather than in response to an 

information request, will better assist 

the Commission in its task of evaluating 

compliance with title 39. Including the 

information would reduce the burden 

on the Commission and Postal Service 

of identifying and providing the 

necessary information during the 

compressed timeline of the annual 

review. The Commission accordingly 

proposes to add § 3050.21(k). The new 

section requires that the Postal Service 

provide any third-party service 

performance results where a financial 

penalty or bonus is applied, and to 

provide the amount of any forfeited 

revenue. This requirement will apply to 

all market dominant and competitive 

products, including NSAs. The 

information will provide more accurate 

revenue analysis for the products 

subject to third-party service 

performance measurements. 

Section 3050.21(l). The Commission 

further proposes to reduce the necessity 

of information requests by adding a 

requirement that the Postal Service 

provide all total workhour data and data 

sources, showing workhour 

measurements by Labor Distribution 

Code. In Docket No. ACR2017, 

Chairman’s Information Request No. 2 

requested that the Postal Service 

provide this data to supplement total 

workhour information listed in the 

annual report on Form 10–K.24 The 

Postal Service provided the workhour 

data and data sources in an Excel file.25

The Commission uses this information 

in its ACD and seeks this information in 

future years in substantially the same 

format. Accordingly, the Commission 

proposes to add § 3050.21(l). The 

proposed requirement directs the Postal 

Service to provide all total workhour 

data and data sources showing 

workhour measurements by Labor 

Distribution Code. The Commission 

finds that this requirement will reduce 

the need for future information requests 

for workhour data. 

Section 3050.21(m). In recent ACD 

reports, the Commission has continually 

expressed concerns about the Inbound 

Letter Post product. For example, in the 

FY 2017 ACD report, the Commission 

‘‘reiterate[d] its concern that the UPU 

pricing regime for the Inbound Letter 

Post product continues to result in 

noncompensatory terminal dues.’’ 26

After a brief period of improvement, the 

contribution for the Inbound Letter Post 

product has decreased from negative 

$33 million in FY 2011 to negative $170 

million in FY 2017.27 In fact, the trend 

of negative contribution existed well 

before the PAEA. The Commission’s 

precursor, the Postal Rate Commission, 

also identified a trend of net loss in 

contribution for Inbound Letter Post in 

its annual reports to Congress on 

international mail for FY 1998 to FY 

2006.28 The Postal Service has provided 

a myriad of explanations for the 

increasingly poor financial performance 

of the Inbound Letter Post product, 

including increasing costs,29 increasing 

volume,30 increasing weight,31 and 

failing to meet UPU quality-of-service 

targets.32

In recent ACD reports, the 

Commission has conducted trend 

analysis for products for which the 

Commission has identified ongoing 

issues. For example, for each fiscal year 

since the passage of the PAEA, the 

Commission has found that the 

Periodicals class failed to generate 


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33FY 2017 ACD at 45–46; FY 2016 ACD at 42– 

43; FY 2015 ACD at 42–43; FY 2014 ACD at 33– 

34; FY 2013 ACD at 42–43; FY 2012 ACD at 25; FY 

2011 ACD at 16; FY 2010 ACD at 90–91; FY 2009 

ACD at 74; FY 2008 ACD at 54, 56; FY 2007 ACD 

at 68. 

34See Docket No. ACR2017, Library Reference 

PRC–LR–ACR2017–5, March 29, 2018, Excel file 

‘‘FY 2017 Periodicals Cost Coverage.xlsx,’’ tab ‘‘Cost 

Coverage.’’ 

35See Docket No. IM2016–1, Congressional Letter 

to Secretary of State Rex Tillerson and Postmaster 

General Megan Brennan, November 8, 2017; Docket 

No. ACR2017, Comments of James Smaldone, 

Founder & CEO, Mighty Mug, Inc., January 25, 

2018, at 1–2; Docket No. ACR2017, Comments of 

National Association of Manufacturers on Order No. 

4377, January 24, 2018, at 2; Docket No. ACR2017, 

Comments of United Parcel Service, Inc. in 

Response to Notice of Preliminary Determination to 

Unseal the Material Filed in Response to 

Chairman’s Information Request No. 1, Question 1, 

January 24, 2018, at 2–3; Docket No. ACR2017, 

Comments of the Honorable Kenny Marchant on 

Determination to Unseal the Material Filed in 

Response to Chairman’s Information Request No. 1, 

Question 1, January 25, 2018, at 1–2; Docket No. 

ACR2017, Comments of US Chamber of Commerce, 

January 25, 2018, at 1–2; Docket No. ACR2017, 

Comments of SBE Council Related to Inbound 

Letter Post, February 20, 2018, at 1–2; Docket No. 

ACR2017, Comments of United Parcel Service, Inc. 

in Response to Notice of Preliminary Determination 

to Unseal the Postal Service’s Response to 

Chairman’s Information Request No. 15, February 

23, 2018, at 3–4; Docket No. ACR2017, Reply 

Comments of United Parcel Service, Inc. on United 

States Postal Service Motion for Reconsideration of 

Order No. 4551, April 13, 2018, at 4; Docket No. 

ACR2017, Comments of U.S. Chamber of 

Commerce, April 13, 2018, at 1; Docket No. 

IM2018–1, Comments Received from U.S. 

Representatives Kenny Marchant and Ralph 

Abraham, July 3, 2018, at 1; Docket No. IM2018– 

1, Comment Received from U.S. Senator Bill 

Cassidy, M.D., July 3, 2018, at 1. 

36Current § 3050.21(a) requires the annual report 

to provide the items listed in paragraphs (b) through 

(j) of § 3050.21. Proposed paragraphs (k) through (n) 

necessitate that the Commission revise § 3050.21(a) 

to require the report to include the items listed in 

paragraphs (b) through (n). 

revenue sufficient to cover attributable 

costs.33 In the FY 2017 ACD report, the 

Commission analyzed the volume, 

revenue, attributable cost, and 

contribution for the Periodicals class for 

FY 2007 to FY 2017. FY 2017 ACD at 

45. The Commission also analyzed the 

unit revenue, unit attributable cost, and 

unit contribution for Periodicals for the 

same time period. Id. at 46. The 

Commission also provided analysis of 

the volume, revenue, attributable cost, 

and contribution for the Outside County 

Periodicals and Within County 

Periodicals products specifically.34

In analyzing the continuing issues 

with the Periodical class, the 

Commission also evaluated how 

increasing unit cost and decreasing unit 

revenue for Periodicals resulted in a 

decrease in contribution. FY 2017 ACD 

at 46. The Commission discussed factors 

that related to unit revenue and 

attributable costs for Outside County 

Periodicals, such as the change of mail 

mix and the unit costs for various 

presort levels within the product (e.g., 

Carrier Route, 5-Digit, and 3-Digit). Id. at 

49. 

As the result of the ongoing concerns 

expressed by the Commission (and 

echoed by participants) regarding the 

financial performance of the Inbound 

Letter Post product,35 the Commission 

plans to use the aggregated Inbound 

Letter Post revenue, volume, attributable 

cost, and contribution data that would 

be submitted under the proposed rule to 

analyze trends that may result in lower 

contribution from certain UPU country 

groups. Such analysis could help the 

Commission more accurately identify 

issues within the Inbound Letter Post 

product and identify appropriate 

remedial actions. 

Accordingly, the Commission 

proposes to add § 3050.21(m). The new 

section requires that the Postal Service 

provide Inbound Letter Post revenue, 

volume, attributable cost, and 

contribution data aggregated by UPU 

country group and by shape for the 

preceding five fiscal years when it files 

its Annual Compliance Report. The 

Commission finds that this requirement 

will reduce the need for future 

information requests for aggregated 

Inbound Letter Post data. 

Section 3050.21(n). The Commission 

proposes to move the requirement that 

the Postal Service provide any other 

information that it anticipates will help 

the Commission evaluate compliance. 

The Commission finds it appropriate to 

place this general requirement at the 

end of the list of items included in the 

Annual Compliance Report. The 

substance of former § 3050.21(j) will be 

unchanged. The requirement will only 

be renumbered as § 3050.21(n).36

2. Section 3050.60 Miscellaneous 

Reports and Documents. 

The Commission, having considered 

whether any current reporting 

requirements are unnecessary, proposes 

to modify § 3050.60(c). The Postal 

Service provides a master list of 

publications and handbooks whenever 

changed, in accordance with 

§ 3050.60(b). The Commission 

welcomes those publications and 

handbooks in electronic form, as it 

would reduce the administrative effort 

of both the Postal Service and the 

Commission without degrading the 

utility of the publication or handbook. 

Accordingly, the Commission proposes 

to revise § 3050.60(c) to require only an 

electronic copy of all changed 

publications and handbooks. 

V. Solicitation of Comments 

The Commission invites interested 

persons to comment on the changes 

proposed in this rulemaking. Comments 

are due no later than 30 days after 

publication of this Notice in the Federal 

Register. 

VI. Conclusion 

It is ordered: 

1. The Commission proposes to 

amend existing periodic reporting rules 

located at 39 CFR part 3050. 

2. Lauren A. D’Agostino will continue 

to serve as an officer of the Commission 

(Public Representative) to represent the 

interests of the general public in this 

rulemaking proceeding. 

3. Interested persons may submit 

comments no later than 30 days from 

the date of publication of this Notice in 

the Federal Register. 

4. The Secretary shall arrange for 

publication of this notice in the Federal 

Register. 

By the Commission. 

Stacy L. Ruble, 

Secretary. Vice Chairman Hammond 

dissenting. 

List of Subjects in 39 CFR Part 3050 

Administrative practice and 

procedure, Reporting and recordkeeping 

requirements. 

For the reasons discussed in the 

preamble, the Commission proposes to 

amend Chapter III of title 39 of the Code 

of Federal Regulations as follows: 

PART 3050—PERIODIC REPORTING 

■ 1. The authority citation for part 3050 

continues to read as follows: 

Authority: 39 U.S.C. 503, 3651, 3652, 

3653.s. 

■ 2. Amend § 3050.21 by: 

■ a. Revising paragraph (a), 

■ b. Adding paragraph (f)(6), 

■ c. Revising paragraph (j), and 

■ d. Adding paragraphs (k), (l), (m), and 

(n). 

The additions and revisions read as 

follows: 

§ 3050.21 Content of the Postal Service’s 

section 3652 report. 

(a) No later than 90 days after the 

close of each fiscal year, the Postal 

Service shall submit a report to the 

Commission analyzing its costs, volume, 

revenue, rate, and service information in 

sufficient detail to demonstrate that all 

products during such year comply with 

all applicable provisions of title 39 of 

the United States Code. The report shall 

provide the items in paragraphs (b) 

through (n) of this section. 

* * * * * 

(f) * * * 

(6) Provide financial or other 

supporting documentation that 


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demonstrates that noncompensatory 

market dominant negotiated service 

agreements improve the net financial 

position of the Postal Service over 

default rates or enhance the 

performance of mail preparation, 

processing, transportation, or other 

functions. 

* * * * * 

(j) For market dominant and 

competitive products, provide a 

distribution breakdown of mail fees, 

including all underlying calculations 

and source workpapers; 

(k) For market dominant and 

competitive products, including 

negotiated service agreements, provide 

any third-party service performance 

results upon which any financial 

penalty or bonus is determined, and the 

amount of any forfeited revenue; 

(l) Provide all total workhour data and 

data sources showing workhour 

measurements by Labor Distribution 

Code; 

(m) For the Inbound Letter Post 

product, provide revenue, volume, 

attributable cost, and contribution data 

by Universal Postal Union country 

group and by shape for the preceding 

five fiscal years; and 

(n) Provide any other information that 

the Postal Service believes will help the 

Commission evaluate the Postal 

Service’s compliance with the 

applicable provisions of title 39 of the 

United States Code. 

■ 3. Amend § 3050.25 by revising 

paragraphs (c), (d), and (e) to read as 

follows: 

§ 3050.25 Volume and revenue data. 

* * * * * 

(c) Revenue, pieces, and weight by 

rate category and special service by 

quarter, within 40 days of the close of 

Quarters 1, 2, and 3 of the fiscal year 

and 60 days after Quarter 4, but no later 

than the filing of reports filed pursuant 

to section 3050.40(a) or 3050.40(b); 

(d) Quarterly Statistics Report, 

including estimates by shape, weight, 

and indicia, within 40 days of the close 

of Quarters 1, 2, and 3 of the fiscal year 

and 60 days after Quarter 4 but no later 

than the filing of reports filed pursuant 

to section 3050.40(a) or 3050.40(b); and 

(e) Billing determinants within 60 

days of the close of Quarters 1, 2, and 

3 of the fiscal year and 90 days after 

Quarter 4. 

■ 4. Amend § 3050.28 by revising 

paragraph (b), tables 1 and 2 in 

paragraph (b)(1), and paragraph (c) to 

read as follows: 

§ 3050.28 Monthly and pay period reports. 

* * * * * 

(b) Monthly Summary Financial 

Report on the 24th day of the following 

month, except that the reports for the 

last months of Quarters 1, 2, and 3 of the 

fiscal year shall be provided at the time 

that the Form 10–Q report is provided 

and the report for the last month of 

Quarter 4 of the fiscal year shall be 

provided at the time that the Form 10– 

K report is provided; 

(1) * * * 

TABLE 1—USPS MONTHLY FINANCIAL STATEMENT—MONTH, FISCAL YEAR

[$ millions] 

Current period Year-to-date 

Actual Plan SPLY 

% 

Plan 

Var 

% 

SPLY 

Var 

Actual Plan SPLY 

% 

Plan 

Var 

% 

SPLY 

Var 

Revenue: 

Operating Revenue 

Other Revenue 

Operating Expenses 

Personnel Compensation and Benefits 

Transportation 

Supplies and Services 

Other Services 

Total Operating Expenses 

New Operating Income 

Interest Income 

Interest Expense 

Total Net Income 

Other Operating Statistics 

Mail Volume (Millions) 

Total Market Dominant Volumes 

Total Competitive Product Volumes 

Total Mail Volumes 

Total Workhours (Millions) 

Total Career Employees 

Total Non-Career Employees 

TABLE 2—MAIL VOLUME AND MAIL REVENUE—MONTH, FISCAL YEAR

[Thousands] 

Current period Year-to-date 

Actual SPLY % SPLY var. Actual SPLY % SPLY var. 

Market Dominant Products: 

First Class: 

Volume 

Revenue 

Periodicals: 

Volume 


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TABLE 2—MAIL VOLUME AND MAIL REVENUE—MONTH, FISCAL YEAR—Continued 

[Thousands] 

Current period Year-to-date 

Actual SPLY % SPLY var. Actual SPLY % SPLY var. 

Revenue 

USPS Marketing Mail: 

Volume 

Revenue 

Package Services: 

Volume 

Revenue 

All Other Market Dominant Mail: 

Volume 

Revenue 

Total Market Dominant Products: 

Volume 

Revenue 

Total Competitive Products 

Volume 

Revenue 

Total Operating Revenue: 

Total Volume 

* * * * * 

(c) National Consolidated Trial 

Balances and the Revenue and Expense 

Summary on the 24th day of the 

following month, except that the reports 

for the last month of Quarters 1, 2, and 

3 of the fiscal year shall be provided at 

the time that the Form 10–Q report is 

provided and the report for the last 

month of Quarter 4 of the fiscal year 

shall be provided at the time that the 

Form 10–K report is provided; 

* * * * * 

■ 5. Amend § 3050.60 by revising 

paragraph (c) to read as follows: 

§ 3050.60 Miscellaneous reports and 

documents. 

* * * * * 

(c) The items listed in paragraph (b) 

of this section in electronic form; 

* * * * * 

[FR Doc. 2018–15326 Filed 7–17–18; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2018–0309 and EPA–R10– 

OAR–2018–0316: FRL–9980–88—Region 8] 

Determination of Attainment by the 

Attainment Date and Clean Data 

Determination for the Logan, UT-ID 

2006 24-Hour PM2.5 Nonattainment 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing a 

determination of attainment by the 

attainment date and a clean data 

determination (CDD) for the 2006 24- 

hour fine particulate matter (PM2.5) 

Logan, Utah (UT)-Idaho (ID) 

nonattainment area. The determination 

is based upon quality-assured, qualitycontrolled and certified ambient air 

monitoring data showing that the area 

has attained the 2006 24-hour PM2.5

National Ambient Air Quality Standards 

(NAAQS) based on 2015–2017 data 

available in the EPA’s Air Quality 

System (AQS) database. Based on the 

proposed determination that the Logan, 

UT-ID nonattainment area is currently 

attaining the 24-hour PM2.5 NAAQS, the 

EPA is also proposing to determine that 

the obligation for Utah and Idaho to 

make submissions to meet certain Clean 

Air Act (CAA or the Act) requirements 

related to attainment of the NAAQS for 

this area is not applicable for as long as 

the area continues to attain the NAAQS. 

DATES: Comments must be received on 

or before August 17, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2018–0309 and/or Docket ID No. 

EPA–R10–OAR–2018–0316 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Multimedia submissions (audio, 

video, etc.) must be accompanied by a 

written comment. The written comment 

is considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Crystal Ostigaard, Air Program, EPA, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6602, 

ostigaard.crystal@epa.gov, or Matthew 

Jentgen, Air Planning Unit, Office of Air 

and Waste (OAW–150), EPA, Region 10, 

1200 Sixth Avenue, Suite 900, Seattle, 

Washington 98101; (206) 553–0340; 

jentgen.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. 

I. Background 

A. Designation and Classification of 

PM2.5 Nonattainment Areas 

On October 17, 2006 (71 FR 61144), 

the EPA revised the level of the 24-hour 

PM2.5 NAAQS, lowering the primary 

and secondary standards from the 1997 

standard of 65 micrograms per cubic 

meter (mg/m3) to 35 mg/m3. The EPA 


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