Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / Proposed Rules 8377 

1See, e.g., 39 U.S.C. 3642; Postal Regulatory 

Commission, Annual Report to the President and 

Congress Fiscal Year 2021, January 25, 2022, at 26 

(FY 2021 Annual Report) (stating that the 

Commission reviews Market Dominant NSAs to 

ensure they comply with 39 U.S.C. 3622(c)(10) and 

the Commission’s regulations in 39 CFR part 3040, 

subpart G); id. at 28 (stating that Competitive NSAs 

require prior Commission review for compliance 

with 39 U.S.C. 3633(a) and 39 CFR part 3035). The 

focus of this docket is Competitive NSAs. 2See 39 CFR 3035.105. This information includes 

‘‘[s]ufficient revenue and cost data for the 12-month 

period following the effective date of the rate or 

class to demonstrate that each affected competitive 

product will be in compliance with 39 U.S.C. 

3633(a)(2)[.]’’ 39 CFR 3035.105(c)(1). 

3See, e.g., Docket No. CP2008–5, Order 

Concerning Global Expedited Package Services 

Contracts, June 27, 2008 (Order No. 86). 4See, e.g., Order No. 5753 at 2–3 (summarizing 

the Commission’s approach to ‘‘umbrella’’ 

products); Docket No. R2013–9, Order Granting, in 

Part, Motion for Partial Reconsideration of Order 

No. 1864 and Modifying, in Part, Order No. 1864, 

August 11, 2014, at 7 (Order No. 2148) (allowing 

then-existing ‘‘umbrella’’ products to designate 

multiple baseline agreements but ‘‘plan[ning] to 

discontinue the practice of designating more than 

one baseline reference.’’). The Commission also has 

considered similar arrangements termed ‘‘shell 

classifications,’’ which may use a ‘‘shell’’ or 

template in lieu of an actual agreement as a 

baseline. See Docket No. CP2008–8 et al., Order 

Concerning Global Plus Negotiated Service 

Agreements, June 27, 2008, at 7–8 (Order No. 85); 

cf. Docket No. MC2008–6 et al., Order Concerning 

Prices Under Inbound Direct Entry Contracts with 

Certain Foreign Postal Administrations, September 

4, 2008, at 3, 7 (Order No. 105). 

Program identification symbol Approved program Agency(ies) 

[80 FR 42408; Jul. 15, 2015].

Food Resources/Agriculture Priorities and Allocations System (APAS): 

P1 .................................................... Food and food resources (civilian).

P2 .................................................... Agriculture and food critical infrastructure protection and restoration.

P3 .................................................... Food resources (combat rations).

P4 .................................................... Certain combined orders.

[80 FR 63890; Dec. 21, 2015].

Transportation Resources/Transportation Priorities and Allocations System (TPAS): 

T1 .................................................... Federal emergency preparedness, mitigation, response, and recovery.

Thea D. Rozman Kendler, 

Assistant Secretary for Export Administration 

[FR Doc. 2024–01930 Filed 2–6–24; 8:45 am] 

BILLING CODE 3510–JT–P 

POSTAL REGULATORY COMMISSION 

39 CFR Parts 3000, 3010, 3040, 3041 

[Docket No. RM2023–5; Order No. 6953] 

RIN 3211–AA34 

Competitive Postal Products 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Notice of Proposed 

Rulemaking seeks comment on a 

proposal for reviewing contracts 

negotiated between the Postal Service 

and customers for competitive services. 

These contracts are known as 

competitive negotiated service 

agreements (NSAs). The proposal 

includes a default method for reviewing 

competitive NSAs and three optional 

streamlined methods. Different 

requirements apply to each method for 

reviewing proposed competitive NSAs. 

In addition, the proposal includes 

requirements for administering 

approved competitive NSAs. The 

proposal is designed to streamline 

competitive NSA review, ensure 

transparency and accountability, 

preserve existing flexibility, and enable 

a smooth transition with minimum 

disruption for stakeholders. This 

document informs the public of the 

filing, invites public comment, and 

takes other administrative steps. 

DATES: Comments are due: April 8, 

2024; Reply comments are due: May 7, 

2024. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at https://

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. The Rule Summary can be 

found on the Commission’s Rule 

Summary Page at https://www.prc.gov/ 

rule-summary-page. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Basis of Proposed Rules 

III. Proposed Rules 

I. Background 

A Negotiated Service Agreement 

(NSA) is ‘‘a written contract, to be in 

effect for a defined period of time, 

between the Postal Service and a mailer, 

which provides for customer-specific 

rates or fees and/or terms of service in 

accordance with the terms and 

conditions of the contract.’’ 39 CFR 

3010.101(f). These NSAs require prior 

Commission approval before they are 

added to the applicable product lists; 

however, different statutory and 

regulatory criteria apply to the approval 

of Market Dominant NSAs and 

Competitive NSAs.1

Before adding a product (such as a 

Competitive NSA) to the Competitive 

product list, the Commission undertakes 

two types of review: (1) review under 39 

U.S.C. 3642; and (2) review under 39 

U.S.C. 3633. Upon consideration of 

required information submitted by the 

Postal Service, including projections of 

the proposed product’s revenues and 

costs and responses to any information 

requests,2 the Commission determines 

whether the product complies with the 

requirements for Competitive products 

in 39 U.S.C. 3642. The Commission also 

makes a preliminary determination of 

whether the proposed product will 

comply with the criteria outlined in 39 

U.S.C. 3633(a). Final determination of 

compliance with 39 U.S.C. 3633(a) is 

made retrospectively, in the 

Commission’s Annual Compliance 

Determination(s) (ACD), as set forth in 

39 U.S.C. 3653. 

Over the years, various efforts have 

sought to streamline review of NSAs in 

certain respects by applying the concept 

of functional equivalence to groups of 

NSAs.3 An ‘‘umbrella’’ product is a 

grouping of NSAs that are functionally 

equivalent to a baseline agreement. The 

Commission has used a functional 

equivalence analysis to approve 

‘‘umbrella’’ product agreements.4 Nonpublished rates NSA products are a 

refinement of ‘‘umbrella’’ products that 

receive further streamlined review 

because the products ‘‘conform to a 

template agreement and offer prices 

within specified, pre-approved ranges.’’ 

Order No. 5753 at 3. These products 

must comply with Commission 

classification and regulatory 

requirements, including pre-approved 

pricing formulas, minimum cost 

coverage, and documentation, allow for 

a streamlined review process because 


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5See Order No. 5753 at 3; Docket Nos. MC2010– 

29 and CP2010–72, Order Approving Postal Service 

Request to Add Global Expedited Package Services– 

Non-Published Rates 1 to the Competitive Product 

List, November 22, 2010, at 15 (Order No. 593) 

(‘‘[T]he model contract is based on business rules 

which ensure that each contract covers its 

attributable costs and makes a contribution to 

institutional costs.’’). 

the contract template and financial 

model are approved in advance.5

In Order No. 6446, the Commission 

outlined concepts for potential 

enhancements to its regime for adding 

NSAs to the Competitive product list in 

the Framework. See Order No. 6446 at 

12. The core feature of the Framework 

was establishing a three-track system for 

categorizing and reviewing NSAs 

proposed to be added to the Competitive 

product list. Id. Under this Framework, 

a proposed NSA would have been filed 

in one of three tracks, and each track 

would have had distinct filing and 

review procedures providing different 

levels of scrutiny and review. Id. These 

tracks would have consisted of a 

Custom NSA track, a Standard NSA 

track, and an NPR NSA track. Id. 

The Commission received comments 

in response to Order No. 6446. 

Previously, the Commission developed 

a conceptual framework that 

contemplated separate tracks for filing 

and reviewing certain types of NSAs, 

and requested comments thereon. 

Having considered the comments 

received, the Commission revises its 

proposed regulations. 

II. Basis of the Proposed Rules 

Despite improvements over time, the 

Commission maintains that streamlining 

and codifying the rules pertaining to 

Competitive NSAs will provide 

increased clarity concerning filing 

requirements and review processes. 

Codifying such procedures and 

standards also provides an opportunity 

to make improvements to the practices 

and precedents that have developed, 

while maintaining the opportunities for 

pricing flexibility that NSAs afford the 

Postal Service. 

Specifically, the Commission 

proposes to codify, with modifications, 

its existing NSA filing and review 

procedures as default rules for proposals 

to add NSAs to the Competitive product 

list. The Commission proposes to 

codify, with modifications, existing, 

optional, streamlined methods for 

adding qualifying Umbrella products 

and Non-Published Rate products to the 

Competitive product list. The 

Commission also proposes to create a 

new streamlined filing option for 

qualifying NSAs called Standardized 

Distinct Products. Each streamlined 

option would have distinct filing and 

review procedures providing different 

levels of scrutiny and streamlined 

review. The intent is to preserve the 

Postal Service’s existing contracting 

flexibility with default review 

procedures, while providing the option 

for streamlined pre-implementation 

review of NSAs that satisfy the 

eligibility requirements of one of the 

optional streamlined methods. 

The Commission’s proposal provides 

new filing and review procedures for 

Standardized Distinct Product NSAs. 

These procedures would include 

advance review of financial models to 

streamline review of individual NSAs 

that are based on existing Postal Service 

competitive products. Proposing new 

Non-Published Rate Products also 

would involve advance review of 

financial models. By contrast, filing and 

review procedures for Umbrella 

Products would generally follow current 

practices. Default filing and review 

procedures would consist of current, 

generally applicable filing and review 

practices for Competitive NSAs (other 

than Umbrella Product or NonPublished Rate Product NSAs). 

The Commission also proposes rules 

for administering NSAs on the 

Competitive product list. These 

proposed rules cover amendments, 

renewals, extensions, and terminations 

of Competitive NSAs, as well as 

periodic reporting requirements. 

The Commission’s proposal is 

designed to streamline Competitive 

NSA review, while ensuring 

transparency and accountability, 

preserving existing flexibility, and 

enabling a smooth transition with 

minimum disruption for stakeholders. 

Under the Commission’s proposal, the 

vast majority of proposed Competitive 

NSAs should qualify for a streamlined 

review procedure. Use of such 

streamlined procedures, particularly the 

Standardized Distinct Product option, 

should markedly simplify adding new 

NSAs to the Competitive product list. 

III. Proposed Rules 

List of Subjects 

39 CFR Part 3000 

Organization and functions, Seals and 

insignia. 

39 CFR Part 3010 

Administrative practice and 

procedure, Confidential business 

information, Freedom of information, 

Sunshine Act. 

39 CFR Part 3040 

Administrative practice and 

procedure, Foreign relations, Postal 

service. 

39 CFR Part 3041 

Administrative practice and 

procedure, Postal service, Reporting and 

recordkeeping requirements. 

For the reasons stated in the 

preamble, the Commission proposes to 

amend chapter III of title 39 of the Code 

of the Federal Regulations as follows: 

PART 3000—THE COMMISSION AND 

ITS OFFICES 

■ 1. The authority citation for part 3000 

continues to read as follows: 

Authority: 39 U.S.C. 503; 5 U.S.C. 552. 

■ 2. Amend § 3000.114 by revising 

paragraph (a) to read as follows: 

§ 3000.114 The Public Representative. 

(a) Pursuant to 39 U.S.C. 505, the 

Commission appoints a staff member, 

on a case-by-case basis, to serve as a 

representative of the general public’s 

interests in public proceedings before 

the Commission; pursuant to 39 U.S.C. 

3653, 39 U.S.C. 3661, and 39 U.S.C. 

3662, and 39 U.S.C. 3705, the 

Commission also appoints a staff 

member, on a case-by-case basis, to 

serve as a representative of the general 

public’s interests in certain proceedings; 

and, pursuant to 39 U.S.C. 504(a), the 

Chairman may appoint a staff member, 

on a case-by-case basis, to serve as a 

representative of the general public’s 

interests in other proceedings before the 

Commission. In all such proceedings, 

the appointee is called the Public 

Representative. 

* * * * * 

PART 3010—RULES OF PRACTICE 

AND PROCEDURE 

■ 3. The authority citation for part 3010 

continues to read as follows: 

Authority: 39 U.S.C. 404(d); 503; 504; 

3661. 

§ 3010.101 Definitions. 

■ 4. Amend § 3010.101 by: 

■ a. Redesignating paragraphs (p) 

through (u) as paragraphs (q) through 

(v); 

■ b. Adding new paragraph (p); and 

■ c. Revising newly redesignated 

paragraph (q). 

The revision and addition read as 

follows: 

§ 3010.101 Definitions 

* * * * * 

(p) Public proceeding means a 

proceeding developing rules, 


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regulations, and procedures or a 

proceeding materially affecting the 

interests of the general public. A 

proceeding considering a request for 

summary approval of a negotiated 

service agreement or of an amendment 

to a negotiated service agreement is not 

a public proceeding. A proceeding 

considering a request to amend a 

negotiated service agreement for the sole 

purpose of extending the expiration date 

of the negotiated service agreement is 

not a public proceeding. 

(q) Public Representative or PR means 

an officer of the Commission designated 

to represent the interests of the general 

public: 

(1) In a public proceeding; 

(2) With respect to any one of the 

following: 

(i) The Commission’s annual 

determination of compliance; 

(ii) A request for an advisory opinion 

on a change in the nature of postal 

services which will generally affect 

service on a nationwide or substantially 

nationwide basis, 

(iii) A rate or service complaint; or 

(iv) Appeal of a Postal Service 

determination to close or consolidate a 

post office; or 

(3) As appointed by the Chairman. 

* * * * * 

§ 3010.102 Commission dockets. 

■ 5. Amend § 3010.102 by: 

■ a. Redesignating paragraphs (d)(1)(vii) 

through (xiv) as paragraphs (d)(1)(viii) 

through (xv); and 

■ b. Adding new paragraph (d)(1)(vii). 

The addition read as follows: 

§ 3010.102 Commission dockets 

* * * * * 

(d)(1) * * * 

(vii) Competitive Negotiated Service 

Agreement (K); 

* * * * * 

■ 6. Revise § 3010.140 to read as 

follows: 

§ 3010.140 Opportunity to comment. 

Except for proceedings involving an 

appeal of a Postal Service determination 

to close or consolidate a post office, any 

person may submit comments in public 

proceedings before the Commission. An 

opportunity to provide a reply to 

comments shall be at the discretion of 

the Commission, or the presiding officer 

if one is appointed. The scope and 

timing of comments and reply 

comments may be specified by notice, 

order, or presiding officer’s ruling. 

There is no requirement to intervene in 

a proceeding as a party in order to 

submit comments. 

■ 7. Amend § 3010.152 by revising 

paragraphs (a), (b)(5) and (b)(6) to read 

as follows: 

§ 3010.152 Notices initiating dockets for 

consideration of negotiated service 

agreements. 

(a) The Secretary shall issue a notice 

to initiate a docket for each request that 

proposes the addition or removal of a 

negotiated service agreement from the 

market dominant or the competitive 

product list, or the modification of an 

existing product currently appearing on 

the market dominant or the competitive 

product list. Multiple requests may be 

combined into a single notice. 

(b) * * * 

(5) The appointment of an officer of 

the Commission to represent the 

interests of the general public in the 

proceeding, unless the proceeding is not 

a public proceeding. 

(6) The comment deadline pertaining 

to each request, unless the proceeding is 

not a public proceeding. 

* * * * * 

■ 8. Amend § 3010.200 by revising 

paragraph (b) to read as follows: 

§ 3010.200 Applicability. 

* * * * * 

(b) Unless the Commission orders 

otherwise, the rules in this subpart shall 

not apply to proceedings governed by 

subpart F of this part (Proceedings with 

an Opportunity for a Hearing on the 

Record). The rules in this subpart also 

shall not apply to the following parts of 

subchapter D of chapter III (Special 

Rules of Practice for Specific Proceeding 

Types) of this title: part 3020 (Rules 

Applicable to Requests for Changes in 

the Nature of Postal Services) of this 

chapter, part 3021 (Rules for Appeals of 

Postal Service Determinations to Close 

or Consolidate Post Offices) of this 

chapter, part 3022 (Rules for 

Complaints) of this chapter, part 3023 

(Rules for Rate or Service Inquiries) of 

this chapter, and part 3024 (Special 

Rules for Complaints Alleging 

Violations of 39 U.S.C. 404a) of this 

chapter. The rules in this subpart shall 

not apply to any proceeding governed 

by § 3041.325, § 3041.505(f), and 

§ 3041.505(g) (Competitive Negotiated 

Service Agreements) of this chapter. 

PART 3040—PRODUCT LISTS AND 

THE MAIL CLASSIFICATION 

SCHEDULE 

■ 9. The authority citation for part 3040 

continues to read as follows: 

Authority: 39 U.S.C. 503; 3622; 3631; 

3642; 3682. 

■ 10. Amend § 3040.101 by adding 

paragraph (e) to read as follows: 

§ 3040.101 Applicability. 

* * * * * 

(e) Modification of the competitive 

product list to add a competitive 

negotiated service agreement is not 

governed by this part but is governed by 

part 3041 of this chapter. The rules in 

part 3041 of this chapter regarding 

removal of a negotiated service 

agreement from the competitive product 

list supersede any conflicting rules in 

this part. 

PART 3041—COMPETITIVE 

NEGOTIATED SERVICE AGREEMENTS 

■ 11. Add part 3041 to read as follows: 

PART 3041—COMPETITIVE 

NEGOTIATED SERVICE AGREEMENTS 

Subpart A—General 

Sec. 

3041.105 General. 

3041.110 Definitions. 

Subpart B—Advance Review 

Sec. 

3041.205 Advance review of non-published 

rates products and standardized distinct 

products. 

Subpart C—Adding Negotiated Service 

Agreements to the Competitive Product List 

Sec. 

3041.305 Applicability. 

3041.310 General procedures and filing 

requirements. 

3041.315 Procedures and filing 

requirements for umbrella products. 

3041.320 Procedures and filing 

requirements for non-published rates 

negotiated service agreements. 

3041.325 Procedures and filing 

requirements for standard distinct 

product negotiated service agreements. 

Subpart D—Commission Review 

Sec. 

3041.405 Docket and notice. 

3041.410 Required findings. 

3041.415 Commission review and 

disposition of requests to add negotiated 

service agreements to the competitive 

product list. 

Subpart E—Negotiated Service Agreements 

on the Competitive Product List 

Sec. 

3041.505 Amendments to competitive 

negotiated service agreements. 

3041.510 Renewals of competitive 

negotiated service agreements. 

3041.515 Extensions 

3041.520 Terminations 

Subpart F—Negotiated Service Agreement 

Reporting and Compliance 

Sec. 

3041.605 Competitive negotiated service 

agreement reporting requirements. 

Authority: 39 U.S.C. 503; 39 U.S.C. 3633 


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8380 Federal Register / Vol. 89, No. 26 / Wednesday, February 7, 2024 / Proposed Rules 

Subpart A—General 

§ 3041.105 General. 

(a) The rules in this part apply to 

competitive negotiated service 

agreements. 

(b) When a general rule conflicts with 

a rule governing a specific streamlined 

option, the rule governing the specific 

streamlined option shall take 

precedence. 

(c) Commission findings that the 

addition of a competitive negotiated 

service agreement to the competitive 

product list is not inconsistent with the 

standards of 39 U.S.C. 3633 are 

provisional and subject to subsequent 

review. 

(d) The addition of a competitive 

negotiated service agreement to the 

competitive product list is limited to the 

term of the negotiated service 

agreement, as it may be extended. The 

Commission will remove a negotiated 

service agreement from the competitive 

product list automatically upon the 

expiration or termination of the 

negotiated service agreement. Any 

request to remove a negotiated service 

agreement from the competitive product 

list unrelated to expiration or 

termination of the negotiated service 

agreement shall follow the applicable 

procedures outlined in part 3040 of this 

chapter. 

(e) When a rule in subpart E of this 

part conflicts with a provision of a 

negotiated service agreement added to 

the competitive product list before the 

effective date of this part, the provision 

of the negotiated service agreement shall 

take precedence. 

§ 3041.110 Definitions. 

(a) Applicability. The definitions in 

paragraphs (b) through (q) of this section 

apply to this part. 

(b) Baseline agreement. A negotiated 

service agreement that serves as a model 

for an included contract in an umbrella 

product. 

(c) Contract template. A template for 

included contracts in a non-published 

rates product. 

(d) Financial model. A workbook 

showing detailed projected cost, 

revenue, and volume data for a 

negotiated service agreement; 

containing all supporting inputs and 

calculations; and identifying the sources 

of all such inputs. A financial model 

must use accepted analytical principles 

within the meaning of part 3050 of this 

chapter and accepted quantification 

techniques within the meaning of part 

3050 of this chapter. 

(e) Functionally equivalent negotiated 

service agreements. Negotiated service 

agreements that have similar cost 

characteristics and similar market 

characteristics. 

(f) Included contract. A negotiated 

service agreement included as part of an 

umbrella product or non-published rates 

product. 

(g) Minimum rates. The set of lowest 

rates that could be offered pursuant to 

the terms of a negotiated service 

agreement, or specified in a financial 

model, for each rate cell. 

(h) Negotiated service agreement. As 

defined in § 3010.101(f) of this chapter, 

a written contract, to be in effect for a 

defined period of time, between the 

Postal Service and a mailer, which 

provides for customer-specific rates or 

fees and/or terms of service in 

accordance with the terms and 

conditions of the contract. A rate 

associated with a negotiated service 

agreement is not a rate of general 

applicability. 

(i) Non-published rates product. A 

single product consisting of a contract 

template and any included contracts 

that are functionally equivalent to the 

contract template and use a single 

common financial model. 

(j) Notice information. Contact 

information specified in a negotiated 

service agreement for one party to 

provide the other party with notice in 

accordance with the terms of the 

negotiated service agreement. 

(k) Negotiated Service Agreement 

(NSA) summary proceeding. A 

streamlined proceeding considering a 

Postal Service request to add to the 

competitive product list a product for 

which use of a financial model has been 

authorized in a streamlined-option 

rulemaking or a Postal Service request 

to amend such a product. Such a 

proceeding is not a public proceeding. 

(l) Postal Service executive. The 

Postmaster General, the Deputy 

Postmaster General, or a Postal Service 

vice president. 

(m) Rate cell. Each and every separate 

rate identified in a financial model or 

negotiated service agreement. 

(n) Standardized distinct product. A 

negotiated service agreement that is a 

variation of one or more competitive 

products offered as rates of general 

applicability or added to the 

competitive product list as rates not of 

general applicability. 

(o) Streamlined option. An optional 

procedural approach to filing 

requirements for a request to add a 

negotiated service agreement to the 

competitive product list and to review 

of such negotiated service agreement. 

(p) Streamlined-option rulemaking. A 

rulemaking proceeding that considers 

financial models, contract templates, 

and Mail Classification Schedule 

changes in connection with a 

streamlined option. 

(q) Umbrella product. A single 

product consisting of a baseline 

agreement and one or more included 

contracts that are functionally 

equivalent to the baseline agreement. 

Subpart B—Advance Review 

§ 3041.205 Advance review of nonpublished rates products and standardized 

distinct products. 

(a) The Commission reviews proposed 

financial models, minimum rates, and 

Mail Classification Schedule changes in 

streamlined-option rulemaking 

proceedings to permit streamlined 

review of non-published rates products 

and standardized distinct products. 

(b) Streamlined-option rulemaking 

proceedings follow the procedures set 

forth in part 3010, subpart E of this 

chapter and the additional procedures 

set forth in this section. 

(c) In addition to providing the 

information required by § 3010.201(b)(1) 

of this chapter, a petition for a 

streamlined-option rulemaking must: 

(1) Provide a proposed financial 

model containing: 

(i) Minimum rates for all rate cells; 

(ii) Projected volume for all rate cells; 

(iii) Projected revenue at minimum 

rates; 

(iv) Projected costs attributable; 

(v) Projected coverage of costs 

attributable within the meaning of 39 

U.S.C. 3633(a), expressed as a 

percentage; and 

(vi) All input data, sources, and 

calculations used; 

(2) Provide a narrative explanation of 

how the proposed financial model 

complies with paragraph (d)(1) of this 

section; 

(3) Explain why the projected cost, 

revenue, and volume data in the 

proposed financial model are reasonable 

and reliable; 

(4) Identify the existing competitive 

product(s) on which proposed products 

will be based and the Commission 

order(s) in which such existing 

competitive product(s) were determined 

to be competitive; 

(5) Identify each way in which 

proposed products could differ from the 

existing competitive product(s) 

identified in paragraph (c)(4) of this 

section; 

(6) Explain why the potential 

differences identified in paragraph (c)(5) 

of this section do not cause any 

proposed products to satisfy the 

definition of a market dominant product 

within the meaning of 39 U.S.C. 

3642(b)(1); and 

(7) Identify the Mail Classification 

Schedule section in which proposed 


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products will be listed and provide any 

proposed changes therein in legislative 

format. 

(d) The financial model must: 

(1) Demonstrate that each negotiated 

service agreement that will use the 

minimum rates is not inconsistent with 

the standards of 39 U.S.C. 3633; and 

(2) Rely on reasonable and reliable 

projected cost, revenue, and volume 

data. 

(e) The Mail Classification Schedule 

entry, including any proposed changes, 

must: 

(1) Identify all material differences 

between proposed products and the 

exiting competitive product(s) on which 

proposed products are based; 

(2) Specify all options and features of 

proposed products included in the 

financial model; and 

(3) For proposed products based on an 

existing product with rates not of 

general applicability, including a 

negotiated service agreement, describe 

all material aspects of the proposed 

products, including the information 

identified in § 3040.104(b)(3)(ii)(A) of 

this chapter. 

(f) The Commission will issue an 

order authorizing the proposed financial 

model, minimum rates, and any Mail 

Classification Schedule changes for use 

in requests to add standardized distinct 

products and non-published rates 

products to the competitive product list 

if, after review, the Commission finds 

that: 

(1) The financial model and minimum 

rates are not inconsistent with the 

standards of 39 U.S.C. 3633; 

(2) The products using such proposed 

financial model, minimum rates, and 

Mail Classification Schedule changes 

will be competitive products; and 

(3) The proposed Mail Classification 

Schedule changes comply with the 

requirements of this section and are not 

inconsistent with the proposed financial 

model. 

(g) As a condition of any 

authorization issued pursuant to 

paragraph (f) of this section, the Postal 

Service shall be required to update the 

financial model whenever more 

accurate or complete cost, revenue, or 

volume data are available and no less 

frequently than every 12 months from 

the date on which such authorization is 

granted. Upon review of any updated 

financial model, the Commission may 

require changes to any applicable 

minimum rates to ensure that the 

minimum rates are not inconsistent 

with the standards of 39 U.S.C. 3633. 

Subpart C—Adding Negotiated Service 

Agreements to the Competitive 

Product List 

§ 3041.305 Applicability. 

(a) This subpart imposes requirements 

regarding the addition of negotiated 

service agreements to the competitive 

product list. These requirements are in 

addition to other requirements imposed 

by part 3035 of this chapter. 

(b) The general requirements 

appearing in § 3041.310 apply to a 

request to add a negotiated service 

agreement to the competitive product 

list unless the request is filed under one 

of the streamlined, alternative options 

for competitive negotiated service 

agreement consideration appearing in 

§ 3041.315, § 3041.320, and § 3041.325. 

(c) Section 3041.320 is not applicable 

to any request to add an included 

contract to a non-published rates 

product listed on the competitive 

product list as of the effective date of 

this part. Any such request is governed 

by the terms of the Commission order 

approving the addition of such nonpublished rates contract to the 

competitive product list. 

§ 3041.310 General procedures and filing 

requirements. 

(a) Except as otherwise provided in 

§§ 3041.315, 3041.320, and 3041.325 of 

this part, in order to add a negotiated 

service agreement to the competitive 

product list, a request must be filed with 

the Commission as provided in this 

section and § 3035.105 of this chapter. 

(b) Each request to add a negotiated 

service agreement to the competitive 

product list must include each of the 

following items: 

(1) A copy of the negotiated service 

agreement; 

(2) The rate and class decision of the 

Postal Service Board of Governors under 

39 U.S.C. 3632 relating to the proposed 

negotiated service agreement and the 

record of the proceedings in connection 

with such decision; 

(3) A copy of the applicable sections 

of the Mail Classification Schedule and 

the proposed changes therein in 

legislative format; 

(4) The name, and class if applicable, 

of the proposed negotiated service 

agreement; 

(5) A description clearly explaining 

the operative components of the 

negotiated service agreement; 

(6) An explanation of the reason for 

initiating the docket and of why the 

proposed negotiated service agreement 

is not inconsistent with the applicable 

requirements of this part and any 

applicable Commission directives and 

orders; 

(7) An explanation of the reasons why 

the addition of the product to the 

competitive product list will not result 

in a violation of the standards of 39 

U.S.C. 3633; 

(8) Verification that the change does 

not classify as competitive a product 

over which the Postal Service exercises 

sufficient market power that it can, 

without risk of losing a significant level 

of business to other firms offering 

similar products: 

(i) Set the price of such product 

substantially above costs; 

(ii) Raise prices significantly; 

(iii) Decrease quality; or 

(iv) Decrease output; 

(9) Explanation of whether or not the 

proposed negotiated service agreement 

is covered by the postal monopoly as 

reserved to the Postal Service under 18 

U.S.C. 1696 subject to the exceptions set 

forth in 39 U.S.C. 601; 

(10) A description of the availability 

and nature of enterprises in the private 

sector engaged in the delivery of the 

proposed negotiated service agreement 

or substantially similar products; 

(11) Any information available on the 

views of those who use, or will use, the 

proposed negotiated service agreement 

on the appropriateness of the proposed 

negotiated service agreement; 

(12) A description of the likely impact 

of the proposed negotiated service 

agreement on small business concerns; 

(13) The information required by 

§ 3035.105(a) of this chapter; 

(14) The information required by 

§ 3035.105(b) of this chapter; 

(15) The information required by 

§ 3035.105(c) of this chapter; 

(16) All other supporting justification 

upon which the Postal Service proposes 

to rely; and 

(17) Such other information and data, 

and such statements of reasons and 

bases, as are necessary and appropriate 

to fully inform the Commission of the 

nature, scope, significance, and impact 

of the proposed negotiated service 

agreement. 

(c) In order to authorize the addition 

of a negotiated service agreement to the 

competitive product list, the 

Commission must: 

(1) Give due regard to: 

(i) The availability and nature of 

enterprises in the private sector engaged 

in the delivery of the proposed product; 

(ii) The views of those who will use 

the proposed product on the 

appropriateness of adding the proposed 

product to the competitive product list; 

and 

(iii) The likely impact of adding the 

proposed product to the competitive 

product list on small business concerns; 

and 


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(2) Make the following findings: 

(i) The proposed negotiated service 

agreement is a competitive product; and 

(ii) The proposed negotiated service 

agreement is not inconsistent with the 

standards of 39 U.S.C. 3633. 

§ 3041.315 Procedures and filing 

requirements for umbrella products. 

(a) The procedures described in this 

section and in § 3035.105(a) of this 

chapter apply to requests to add an 

included contract to an umbrella 

product or to create an umbrella product 

by adding an included contract to an 

existing baseline agreement. Requests to 

add a new negotiated service agreement 

to the competitive product list for use as 

a baseline agreement must instead 

follow the requirements of § 3041.310. 

(b) Any of the following negotiated 

service agreements may function as a 

baseline agreement: 

(1) An active negotiated service 

agreement, other than an included 

contract in a non-published rates 

product, listed on the competitive 

product list as of the effective date of 

this part. 

(2) An active negotiated service 

agreement added to the competitive 

product list following a request 

pursuant to § 3041.310. 

(3) An expired or terminated 

negotiated service agreement, other than 

an included contract in a non-published 

rates product or a standardized distinct 

product, that the Commission 

authorized to serve as a baseline 

agreement before its expiration or 

termination. 

(c) Only the Postal Service is 

permitted to propose to add an included 

contract to an umbrella product. 

(d) A proposal to add an included 

contract to an umbrella product must 

include: 

(1) A copy of the proposed included 

contract; 

(2) The rate and class decision of the 

Postal Service Board of Governors under 

39 U.S.C. 3632 relating to the proposed 

included contract and the record of the 

proceedings in connection with such 

decision; 

(3) A statement identifying the 

applicable baseline agreement; 

(4) A copy of the applicable sections 

of the Mail Classification Schedule and 

the proposed addition thereto in 

legislative format; 

(5) A description clearly explaining 

the operative components of the 

included contract; 

(6) An explanation of the reason for 

initiating the docket and of why the 

proposed negotiated service agreement 

is not inconsistent with the applicable 

requirements of this part and any 

applicable Commission directives and 

orders; 

(7) An explanation of the reasons why 

the addition of the included contract to 

the umbrella product will not result in 

a violation of the standards of 39 U.S.C. 

3633; 

(8) A demonstration that the proposed 

included contract is functionally 

equivalent to the baseline agreement; 

(9) The information required by 

§ 3035.105(a) of this chapter; 

(10) The information required by 

§ 3035.105(b) of this chapter; 

(11) The information required by 

§ 3035.105(c) of this chapter; 

(12) All other supporting justification 

upon which the Postal Service proposes 

to rely; and 

(13) Such other information and data, 

and such statements of reasons and 

bases, as are necessary and appropriate 

to fully inform the Commission of the 

nature, scope, significance, and impact 

of the proposed included contract. 

(e) In order to authorize the addition 

of an included contract to an umbrella 

product, the Commission must make the 

following findings: 

(1) The proposed included contract is 

functionally equivalent to the baseline 

agreement; and 

(2) With the addition of the proposed 

included contract, the umbrella product 

is not inconsistent with the standards of 

39 U.S.C. 3633. 

§ 3041.320 Procedures and filing 

requirements for non-published rates 

negotiated service agreements. 

(a) A request to add a non-published 

rates product to the competitive product 

list must comply with the requirements 

of this section and the requirements of 

§ 3035.105(a) of this chapter. 

(b) A non-published rates product 

contract template may be proposed at 

any time during or following the 

pendency of a streamlined-option 

rulemaking considering a proposed 

financial model, minimum rates, and 

Mail Classification Schedule changes for 

standardized distinct products and nonpublished rates products. 

(c) A non-published rates product is 

added to the competitive product list 

after: 

(1) Issuance of a Commission order 

authorizing the use of an applicable 

financial model, minimum rates, and 

Mail Classification Schedule changes in 

a streamlined-option rulemaking; and 

(2) Issuance of a Commission order 

approving the non-published rates 

product contract template. 

(d) A non-published rates product 

financial model, minimum rates, and 

Mail Classification Schedule changes 

must be, or have been, proposed in a 

streamlined-option rulemaking 

proceeding. 

(e) A proposal for a non-published 

rates product contract template must 

include the following information: 

(1) The proposed non-published rates 

product contract template; 

(2) The rate and class decision of the 

Postal Service Board of Governors under 

39 U.S.C. 3632 relating to the proposed 

non-published rates product contract 

template and the record of the 

proceedings in connection with such 

decision; 

(3) A copy of the applicable sections 

of the Mail Classification Schedule and 

the proposed addition therein in 

legislative format; 

(4) The number of the Commission 

order approving the use of the financial 

model associated with the proposed 

non-published rates product contract 

template or the number of the docket in 

which the financial model associated 

with the proposed non-published rates 

product contract template is being 

considered; 

(5) A description clearly explaining 

the operative components of the nonpublished rates product contract 

template; 

(6) A description of the availability 

and nature of enterprises in the private 

sector engaged in the delivery of the 

postal services involved in the proposed 

non-published rates product contract 

template; 

(7) A description of the views of those 

who will use the postal services 

involved in the proposed non-published 

rates product contract template on the 

appropriateness of the proposed nonpublished rates product contract 

template; 

(8) A description of the likely impact 

of the proposed non-published rates 

product contract template on small 

business concerns; 

(9) In lieu of the certified statement 

required by § 3035.105(c)(2) of this 

chapter, a sworn statement of a Postal 

Service executive certifying that the 

proposed non-published rates product 

template is not inconsistent with the 

financial model approved, or under 

consideration by the Commission, in the 

order or docket identified in paragraph 

(e)(4) of this section; 

(10) All other supporting justification 

upon which the Postal Service proposes 

to rely; and 

(11) Such other information and data, 

and such statements of reasons and 

bases, as are necessary and appropriate 

to fully inform the Commission of the 

nature, scope, significance, and impact 

of the proposed non-published rates 

product contract template. 


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(f) A non-published rates product 

contract template may include optional 

provisions to be selected by customers, 

provided that: 

(1) The addition of any optional 

provision in any included contract will 

not be inconsistent with the standards 

of 39 U.S.C. 3633; 

(2) The addition of any optional 

provision in any included contract 

represents a minor change to the 

included contract; and 

(3) Each included contract that could 

be derived from the contract template is 

functionally equivalent to every other 

included contract that could be derived 

from the contract template. 

(g) In order to authorize the addition 

of a non-published rates product to the 

competitive product list, the 

Commission must: 

(1) Give due regard to: 

(i) The availability and nature of 

enterprises in the private sector engaged 

in the delivery of the proposed product; 

(ii) The views of those who will use 

the proposed product on the 

appropriateness of adding the proposed 

product to the competitive product list; 

and 

(iii) The likely impact of adding the 

proposed product to the competitive 

product list on small business concerns; 

and 

(2) Make the following findings: 

(i) The proposed non-published rates 

product is a competitive product; and 

(ii) The proposed non-published rates 

product contract template is not 

inconsistent with the standards of 39 

U.S.C. 3633. 

(h) After a non-published rates 

product has been approved, the Postal 

Service may add one or more included 

contracts to the product without filing a 

request or otherwise obtaining further 

approval from the Commission, 

provided that: 

(1) The included contract does not 

deviate in any way from the nonpublished rates product contract 

template; 

(2) No rate in any included contract 

is less than the corresponding minimum 

rate authorized in the associated 

streamlined-option rulemaking; 

(3) The included contract bears a 

unique serial number; and 

(4) Within 10 days after the effective 

date of each included contract, the 

Postal Service: 

(i) Notifies the Commission of the 

effective date and scheduled expiration 

date of the included contract; and 

(ii) Files a version of the applicable 

financial model updated to include all 

projected cost, revenue, and volume 

data specific to the included contract. 

(i) Only the Postal Service is 

permitted to add an included contract to 

a non-published rates product. 

(j) If any included contract is 

terminated before its scheduled 

expiration date, the Postal Service must 

inform the Commission within 7 days 

after such termination. 

(k) If the Commission finds that the 

Postal Service has failed to comply with 

any requirements of paragraphs (h) or (j) 

of this section, the Commission may 

take any of the following actions: 

(1) Require the Postal Service to 

request Commission approval in 

accordance with such terms as the 

Commission may specify by order, and 

obtain such approval, before adding any 

additional included contracts to nonpublished rates products; or 

(2) Take other appropriate remedial 

action. 

§ 3041.325 Procedures and filing 

requirements for standard distinct product 

negotiated service agreements. 

(a) A request to add a standardized 

distinct product to the competitive 

product list must comply with the 

requirements of this section and the 

requirements of § 3035.105(a) of this 

chapter. 

(b) A standardized distinct product 

may be proposed at any time during or 

following the pendency of a 

streamlined-option rulemaking 

proceeding considering a proposed 

financial model, minimum rates, and 

Mail Classification Schedule changes for 

standardized distinct products and nonpublished rates products. 

(c) A standardized distinct product is 

added to the competitive product list 

after: 

(1) Issuance of a Commission order 

authorizing the use of an applicable 

proposed financial model, minimum 

rates, and Mail Classification Schedule 

changes in a streamlined-option 

rulemaking; and 

(2) Issuance of a Commission order 

approving the addition of the 

standardized distinct product to the 

competitive product list in an NSA 

summary proceeding. 

(d) In each NSA summary proceeding, 

the Postal Service shall submit: 

(1) A copy of the negotiated service 

agreement; 

(2) The rate and class decision of the 

Postal Service Board of Governors under 

39 U.S.C. 3632 relating to the proposed 

negotiated service agreement and the 

record of the proceedings in connection 

with such decision; 

(3) A copy of the applicable sections 

of the Mail Classification Schedule and 

the proposed addition therein in 

legislative format; 

(4) The number of the Commission 

order resolving the streamlined-option 

rulemaking proceeding applicable to the 

proposed negotiated service agreement; 

(5) The planned effective date(s) of 

the planned rates. 

(6) A description clearly explaining 

the operative components of the 

negotiated service agreement; 

(7) An explanation of the reason for 

initiating the docket and of why the 

proposed standardized distinct product 

is not inconsistent with the applicable 

requirements of this part and any 

applicable Commission directives and 

orders; 

(8) An explanation of the reasons why 

the addition of the standardized distinct 

product to the competitive product list 

will not result in a violation of the 

standards of 39 U.S.C. 3633; 

(9) A description of the availability 

and nature of enterprises in the private 

sector engaged in the delivery of the 

postal services that are the subject of the 

proposed standardized distinct product; 

(10) Any information available on the 

views of those who use, or will use, the 

proposed standardized distinct product 

on the appropriateness of the proposed 

standardized distinct product; 

(11) A description of the likely impact 

of the proposed standardized distinct 

product on small business concerns; 

(12) In lieu of the certified statement 

required by § 3035(c)(2) of this chapter, 

a sworn statement of a Postal Service 

executive certifying that the proposed 

standardized distinct product is not 

inconsistent with the financial model 

authorized for use in the applicable 

Commission order identified in 

paragraph (e)(4) of this section; 

(13) In lieu of the revenue and cost 

data required by § 3035.105(c)(1) of this 

chapter, a version of the applicable 

financial model updated to include all 

projected cost, revenue, and volume 

data specific to the proposed product; 

(14) All other supporting justification 

upon which the Postal Service proposes 

to rely; and 

(15) Such other information and data, 

and such statements of reasons and 

bases, as are necessary and appropriate 

to fully inform the Commission of the 

nature, scope, significance, and impact 

of the proposed standardized distinct 

product. 

(e) Only the Postal Service is 

permitted to propose to add a 

standardized distinct product to the 

competitive product list. 

(f) In order to authorize the addition 

of a standardized distinct product to the 

competitive product list, the 

Commission must: 

(1) Give due regard to: 


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(i) The availability and nature of 

enterprises in the private sector engaged 

in the delivery of the proposed product; 

(ii) The views of those who will use 

the proposed product on the 

appropriateness of adding the proposed 

product to the competitive product list; 

and 

(iii) The likely impact of adding the 

proposed product to the competitive 

product list on small business concerns; 

and 

(2) Make the following findings: 

(i) The proposed standardized distinct 

product is a competitive product; and 

(ii) The proposed standardized 

distinct product is not inconsistent with 

the standards of 39 U.S.C. 3633. 

Subpart D—Commission Review 

§ 3041.405 Docket and notice. 

(a) The Commission will issue a 

notice establishing a docket for each 

request to add a negotiated service 

agreement to the competitive product 

list under this part. The Commission 

will also issue notice upon receiving a 

request complying with the 

requirements of § 3041.505(b) to amend 

an existing negotiated service 

agreement. Notices issued pursuant to 

this paragraph will include: 

(1) The general nature of the 

proceeding; 

(2) A reference to the legal authority 

pursuant to which the proceeding is to 

be conducted; 

(3) A concise description of the 

proposal; 

(4) If applicable, the identification of 

an officer of the Commission to 

represent the interests of the general 

public in the docket; 

(5) If applicable, a specified period for 

public comment; and 

(6) Such other information as the 

Commission deems appropriate. 

(b) The Commission will post the 

notice on its website. The Commission 

will promptly publish the notice in the 

Federal Register. 

(c) In the case of a request to add a 

standardized distinct product to the 

competitive product list or to amend a 

standardized distinct product, an officer 

of the Commission to represent the 

interests of the general public will not 

be appointed in the docket. 

(d) In the case of a request to add a 

standardized distinct product to the 

competitive product list or to amend a 

standardized distinct product, public 

comment will not be requested in the 

docket. 

§ 3041.410 Required findings. 

(a) In order to authorize the addition 

of a negotiated service agreement to the 

competitive product list, the 

Commission must make the findings 

specified in § 3041.310, except as 

provided in § 3041.315, § 3041.320, and 

§ 3041.325. 

(b) [Reserved]. 

§ 3041.415 Commission review and 

disposition of requests to add negotiated 

service agreements to the competitive 

product list. 

(a) The Commission will review each 

request to add a negotiated service 

agreement to the competitive product 

list and any responsive comments, 

except as set forth in § 3041.320 

regarding non-published rates product 

included contracts. The Commission 

will either: 

(1) Grant the request upon making the 

required findings; 

(2) Grant the request upon making the 

required findings with such conditions 

as the Commission may consider 

appropriate; 

(3) Deny the request; or 

(4) Direct other action as the 

Commission may consider appropriate. 

(b) Each grant of a request under 

paragraph (a)(1) or (a)(2) of this section 

is conditional upon the submission of 

accurate information in support of the 

request. Any such grant may be revoked 

if the Commission finds that any of the 

information submitted with the request 

contained a material misrepresentation. 

Subpart E—Negotiated Service 

Agreements on the Competitive 

Product List 

§ 3041.505 Amendments to competitive 

negotiated service agreements. 

(a) Except as provided in paragraph 

(c) of this section, an amendment to an 

existing negotiated service agreement is 

not effective until the Commission has 

approved the amendment. In order to 

approve an amendment to an existing 

negotiated service agreement the 

Commission must find that the 

negotiated service agreement, as 

amended by the proposed amendment, 

is not inconsistent with the standards of 

39 U.S.C. 3633. 

(b) A request to amend a negotiated 

service agreement must include: 

(1) A copy of the amendment; 

(2) The planned effective date(s) of 

the amendment; 

(3) A statement explaining the 

operative components of the 

amendment; and 

(4) If the amendment changes any 

rates in the negotiated service 

agreement, 

(i) The information required by 39 

CFR 3035.105(a) of this chapter; 

(ii) The information required by 39 

CFR 3035.105(b) of this chapter; and 

(iii) The information required by 39 

CFR 3035.105(c) of this chapter, except 

that, for a request to amend a 

standardized distinct product, a copy of 

the applicable financial model updated 

to include all projected cost, revenue, 

and volume data specific to the product, 

as amended by the proposed 

amendment, must be provided. 

(5) All other supporting justification 

upon which the Postal Service proposes 

to rely; and 

(6) Such other information and data, 

and such statements of reasons and 

bases, as are necessary and appropriate 

to fully inform the Commission of the 

nature, scope, significance, and impact 

of the proposed amendment. 

(c) An amendment to an existing 

negotiated service agreement may take 

effect upon filing with the Commission 

without Commission approval if each of 

the following requirements is satisfied: 

(1) The Postal Service submits a 

notice to the Commission containing: 

(i) A copy of the amendment; 

(ii) The planned effective date(s) of 

the amendment; 

(iii) A statement explaining the 

operative components of the 

amendment; and 

(iv) A sworn statement from a Postal 

Service executive attesting that the 

amendment modifies the existing 

negotiated service agreement only in 

one or more of the ways specified in 

paragraphs (c)(2), (e)(2), or (f)(2) of this 

section; and 

(2) The amendment modifies the 

existing negotiated service agreement 

only in one or more of the following 

ways: 

(i) Changing the customer’s name to 

recognize a change to the legal name of 

the customer; 

(ii) Changing the customer’s address; 

(iii) Changing the name of any 

individual identified in the contract; 

(iv) Changing notice information; 

(v) Increasing any rates, prices, fees, 

or charges in the negotiated service 

agreement; 

(d) Special rules regarding amending 

umbrella products. 

(1) A baseline agreement shall not be 

amended, except to: 

(i) Change the customer’s name to 

recognize a change to the legal name of 

the customer; 

(ii) Change the customer’s address; 

(iii) Change the name of any 

individual identified in the contract; 

(iv) Change notice information; 

(v) Extend the term of the baseline 

agreement in accordance with 

§ 3041.515; or 

(vi) Make rate changes not 

inconsistent with the standards of 39 

U.S.C. 3633. 


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(2) An included contract in an 

umbrella product shall not be amended, 

unless the amendment remains 

functionally equivalent to the baseline 

agreement. 

(e) Special rules regarding nonpublished rates products. 

(1) A non-published rates contract 

template shall not be amended. 

(2) An included contract in a nonpublished rates product shall not be 

amended, except to: 

(i) Change the customer’s name to 

recognize a change to the legal name of 

the customer; 

(ii) Change the customer’s address; 

(iii) Change the name of any 

individual identified in the contract; 

(iv) Change notice information; 

(v) Make rate changes provided that 

the rates to be charged equal or exceed 

the current minimum rates approved by 

the Commission in the applicable 

streamlined-option rulemaking; 

(vi) Extend the included contract’s 

expiration date provided that the rates 

to be charged equal or exceed the 

current minimum rates approved by the 

Commission in the applicable 

streamlined-option rulemaking; 

(vii) Select an alternative optional 

provision available in the contract 

template. 

(3) An amendment to an existing 

included contract will take effect 

without Commission further approval 

upon filing with the Commission of the 

notice specified in paragraph (c)(1) of 

this section. 

(f) Special rules regarding 

standardized distinct products. 

(1) A request to amend a standardized 

distinct product is reviewed in an NSA 

summary proceeding. 

(2) An amendment to an existing 

standardized distinct product may take 

effect upon filing with the Commission 

without Commission approval if: 

(i) The Postal Service files the notice 

specified in paragraph (c)(1) of this 

section; and 

(ii) The amendment modifies the 

existing standardized distinct product 

in one or more of the following ways: 

(A) Changing the customer’s name to 

recognize a change to the legal name of 

the customer; 

(B) Changing the customer’s address; 

(C) Changing the name of any 

individual identified in the contract; 

(D) Changing notice information; 

(E) Extending the standardized 

distinct product’s expiration date 

provided that the rates to be charged 

equal or exceed the current minimum 

rates approved by the Commission in 

the applicable streamlined-option 

rulemaking; or 

(F) Implementing changes to rates 

provided that such changed rates equal 

or exceed the current minimum rates 

approved by the Commission in the 

applicable streamlined-option 

rulemaking. 

(g) Special rules regarding a request to 

amend a negotiated service agreement to 

extend the expiration date of the 

negotiated service agreement. 

1. A request to amend a negotiated 

service agreement to extend the 

expiration date of the negotiated service 

agreement must be submitted in 

accordance with § 3041.515. 

2. A proceeding considering a request 

to amend a negotiated service agreement 

to extend the expiration date of the 

negotiated service agreement is not a 

public proceeding. 

(h) When a general rule conflicts with 

a special rule in this section, the special 

rule shall take precedence. 

§ 3041.510 Renewals of competitive 

negotiated service agreements. 

(a) A renewal of a negotiated service 

agreement is deemed a new negotiated 

service agreement. 

(b) A renewal of a competitive 

negotiated service agreement will be 

added to the competitive product list 

pursuant to the applicable rules for 

adding a new negotiated service 

agreement to the competitive product 

list. 

§ 3041.515 Extensions 

(a) A negotiated service agreement 

may be extended prior to its expiration 

date upon one of the following: 

1. Timely filing of notice with the 

Commission of the valid exercise of an 

extension right in the negotiated service 

agreement; or 

2. Approval by the Commission of a 

timely filed amendment extending the 

expiration date of the negotiated service 

agreement. 

(b) For the purposes of paragraph (a) 

of this section, a notice or amendment 

is timely filed if it is filed at least 10 

days prior to the expiration of the 

negotiated service agreement. 

(c) Upon expiration, a negotiated 

service agreement shall be removed 

automatically from the competitive 

product list. 

(d) No negotiated service agreement 

shall remain on the competitive product 

list following its expiration. An expired 

negotiated service agreement shall not 

be extended retroactively. 

(e) Notwithstanding any other rule in 

this chapter, the prohibitions in 

paragraph (d) of this section shall not be 

waived. 

§ 3041.520 Terminations 

(a) The Postal Service shall file notice 

of the termination of a negotiated 

service agreement within 7 days after 

such termination. 

(b) Upon termination, a negotiated 

service agreement shall be removed 

automatically from the competitive 

product list. No negotiated service 

agreement shall remain on the 

competitive product list after its 

termination. 

Subpart F—Negotiated Service 

Agreement Reporting and Compliance 

§ 3041.605 Competitive negotiated service 

agreement reporting requirements. 

(a) The Postal Service must file, on a 

quarterly basis, a summary spreadsheet 

listing all negotiated service agreements 

active during any part of the prior 

quarter. Negotiated service agreements 

must be listed by Mail Classification 

Schedule section or in such other way 

as the Commission requires by order. 

Such spreadsheet must identify all 

extensions, expirations, and 

terminations of negotiated service 

agreements and any other information 

the Commission requires by order. 

(b) A report is due within 7 days after 

the last day of each quarter of the fiscal 

year. 

(c) Upon finding that any report 

contains significant omissions, 

inaccuracies, or other deficiencies, the 

Commission may take any of the 

following actions: 

1. Require the Postal Service to file 

such reports on a more frequent basis; 

2. Require a Postal Service executive 

to submit a sworn statement attesting to 

the accuracy and completeness of each 

subsequent report; and 

3. Impose other conditions the 

Commission finds reasonable and 

appropriate to ensure the accuracy and 

completeness of such reports. 

By the Commission. 

Jennie Jbara, 

Alternate Certifying Officer. 

[FR Doc. 2024–02281 Filed 2–6–24; 8:45 am] 

BILLING CODE 7710–FW–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 76 

[MB Docket No. 24–20; FCC 24–2; FR ID 

198390] 

Customer Rebates for Undelivered 

Video Programming During Blackouts 

AGENCY: Federal Communications 

Commission 

ACTION: Notice of proposed rulemaking. 

SUMMARY: In this document, the Federal 

Communications Commission 


khammond on DSKJM1Z7X2PROD with PROPOSALS