Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Proposed Rules 79489 

1 Docket No. RM2020–5, Order Adopting Final 

Rules Regarding Rate Incentives for Market 

Dominant Products, May 15, 2020 (Order No. 5510). 

2 Docket No. RM2020–5, Notice of Intent to 

Reconsider, August 26, 2020, at 2 (Order No. 5655); 

see U.S. Postal Serv. v. Postal Reg. Comm’n, Joint 

Motion for Voluntary Dismissal and Vacatur, No. 

20–1208 (DC Cir. Sept. 11, 2020). 

3 Docket No. RM2020–5, Notice of Proposed 

Rulemaking to Amend Rules Regarding Rate 

Incentives for Market Dominant Products, 

November 14, 2022 (Order No. 6325). 

4 Docket No. RM2020–5, Supplemental Notice of 

Proposed Rulemaking to Amend Rules Regarding 

Rate Incentives for Market Dominant Products, 

November 17, 2023 (Order No. 6801). 

toys containing button cell or coin cell 

batteries. The amendments would align 

the requirements more closely with the 

Commission’s new rule for consumer 

products containing button cell or coin 

batteries, codified at part 1263, and 

provide the highest level of safety that 

is feasible (89 FR 65791). In the August 

13 notice, the Commission provided a 

60-day comment period closing on 

October 15, 2024. 

B. Comment Period Extension 

Section III.D of the NPR states that 

CPSC would make available for review 

and comment, to the extent allowed by 

applicable law, the underlying incident 

data associated with the proposed rule. 

This data was to be made available upon 

publication of the NPR in the Federal 

Register on August 13, 2024. However, 

release of the underlying data was 

delayed until September 10, 2024. The 

Commission therefore is extending the 

comment period by 30 days, until 

November 14, 2024, so that the public 

has ample time to review and comment 

on the data. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2024–22063 Filed 9–27–24; 8:45 am] 

BILLING CODE 6355–01–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3030 

[Docket No. RM2020–5; Order No. 7559] 

RIN 3211–AA27 

Market Dominant Postal Products 

AGENCY: Postal Regulatory Commission. 

ACTION: Proposed rule. 

SUMMARY: The Commission seeks 

comment on amendments to its rules 

concerning rate incentives for Market 

Dominant products. The Commission 

proposes to revise the criteria that a rate 

incentive must satisfy to be included in 

the percentage change in rates 

calculation. The Commission also 

proposes to revise the definition of ‘‘rate 

of general applicability’’ for Market 

Dominant rate adjustment proceedings. 

Further, the Commission proposes to 

modify associated filing and reporting 

requirements. 

DATES: Comments are due: October 30, 

2024. Reply comments are due: 

November 14, 2024. 

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. 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: 

Table of Contents 

I. Background 

II. Basis for Proposed Rule Change 

III. Proposed Rule 

I. Background 

In its general Market Dominant rate 

adjustment filings, the Postal Service 

routinely proposes to offer rate 

incentives in the form of promotions 

that reduce rates by providing 

discounts, rebates, or credits to 

participating mailers of certain types of 

mailpieces. Typically, such promotions 

are offered for several months during a 

particular calendar year for certain 

mailpieces in the First-Class Mail and 

USPS Marketing Mail classes. If the 

Commission approves, then the 

promotion may be offered again, with or 

without modifications, in the next 

calendar year. 

Each rate incentive offered by the 

Postal Service is either a rate of general 

applicability or a rate not of general 

applicability. A rate incentive of general 

applicability may be eligible for 

inclusion in the percentage change in 

rates calculation (provided that it 

satisfies all the applicable criteria under 

the Commission’s rules), which will 

allow for the Postal Service to generate 

price cap authority for the applicable 

class of mail. By contrast, a rate 

incentive not of general applicability 

has been ineligible for inclusion in the 

percentage change in rates calculation. 

The Commission previously adopted 

regulations concerning rate incentives 

for Market Dominant products.1

However, in connection with an appeal, 

the Commission stated that it would 

reconsider Order No. 5510 and that it 

‘‘does not intend to enforce Order No. 

5510 during the reconsideration 

period.’’ 2 In Order No. 6325, the 

Commission proposed modifying its 

rules and sought comments on its 

proposal.3 Subsequently, the 

Commission sought supplemental 

comments.4 Having considered the 

comments that it received, the 

Commission proposes further changes to 

its rules. 

II. Basis for Proposed Rule Change 

The Commission proposes to modify 

its rules by revising the criteria that a 

rate incentive must satisfy to be 

included in the percentage change in 

rates calculation; revising the definition 

of ‘‘rate of general applicability’’; and 

revising filing and reporting 

requirements. 

First, the Commission proposes to 

create a mechanism allowing certain 

rate incentives that are not rates of 

general applicability to be included in 

the percentage change in rates 

calculation. Second, the Commission 

proposes to remove the currently-notenforced requirement that a rate 

incentive must be made available to all 

mailers equally on the same terms and 

conditions to be included in the 

percentage change in rates calculation. 

Third, the Commission proposes to 

revise the definition of ‘‘rate of general 

applicability’’ at § 3030.101(j). This 

revision would clarify a potential 

ambiguity. The Commission also 

continues to propose to revise 

§ 3030.101(j) as initially proposed in 

Order No. 6325 to clarify that to qualify 

as a rate of general applicability, a rate 

incentive cannot have eligibility criteria 

based on historical mail volumes or 

prior participation in a rate incentive or 

promotion. Fourth, the Commission 

proposes to revise filing requirements to 

ensure that the Postal Service provides 

sufficient information at the outset of a 

Market Dominant rate adjustment 

proceeding. Fifth, the Commission 

proposes to add a provision authorizing 

it to require the submission of 

information to ensure that rate 

incentives included in the percentage 

change in rates calculation comply with 

applicable requirements. 

The proposed mechanism allowing 

certain rate incentives that are not rates 

of general applicability to be included 

in the percentage change in rates 

calculation would allow a rate incentive 

for which a mailer’s eligibility depends 

on the mailer increasing its volumes of 

a product (or multiple products) to be 

included in the percentage change in 


ddrumheller on DSK120RN23PROD with PROPOSALS1
79490 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Proposed Rules 

rates calculation. The Commission 

proposes this mechanism to encourage 

the Postal Service to develop and offer 

such rate incentives, with the goal of 

combatting volume decline. 

The Commission also proposes to 

remove the currently-not-enforced 

requirement that a rate incentive must 

be made available to all mailers equally 

on the same terms and conditions to be 

included in the percentage change in 

rates calculation. The Commission 

proposes to remove this requirement 

because fairness concerns can be 

addressed through other means and 

because this requirement has the 

potential to cause confusion. 

The Commission proposes revising 

the definition of ‘‘rate of general 

applicability’’ in § 3030.101(j) by adding 

the word ‘‘only’’ to the sentence 

addressing rates benefiting a single 

mailer so that the sentence reads as 

follows: ‘‘A rate is not a rate of general 

applicability if it benefits only a single 

mailer.’’ This change removes a 

potential ambiguity in the sentence and 

ensures that the sentence reflects the 

Commission’s intent in adding the 

sentence to the definition. 

The Commission also continues to 

propose the changes to § 3030.101(j) that 

it proposed in Order No. 6325. See 

Order No. 6325 at 26–34. These 

proposed changes to the definition of 

‘‘rate of general applicability’’ in 

§ 3030.101(j) are designed to clarify 

what rate incentives may qualify for 

inclusion in the percentage change in 

rates calculation as rates of general 

applicability. Under the Commission’s 

existing rules ‘‘[a] rate is not a rate of 

general applicability if eligibility for the 

rate is dependent on factors other than 

the characteristics of the mail to which 

the rate applies[.]’’ 39 CFR 3030.101(j). 

As initially proposed in Order No. 6325, 

the proposed changes add an additional 

sentence to clarify that a rate incentive 

is not a rate of general applicability if 

eligibility for the rate is dependent in 

whole or in part on the volume of mail 

sent by a mailer in a past year or years 

or on the participation by a mailer in a 

rate incentive or promotion in a past 

year or years. 

The Commission proposes to modify 

its rules for the technical documentation 

required to support proposed rate 

incentives. These proposed changes 

would implement changes conforming 

to the Commission’s proposed changes 

to its rules for including rate incentives 

in the percentage change in rates 

calculation. Thus, under the proposed 

revision, the Commission’s rules would 

require a statement describing the 

purpose of the rate incentive. Similarly, 

and to conform with the proposed 

change to the definition of ‘‘rate of 

general applicability,’’ under the 

proposed revision, the rule would 

require a statement affirming that a rate 

incentive proposed to be included in the 

percentage change in rate calculation 

will not benefit only a single mailer. 

In addition, the Commission proposes 

requiring each request to include a rate 

incentive in the percentage change in 

rates calculation to include an estimate 

of the effect of the rate incentive on 

mailers in the affected class that do not 

participate in the rate incentive, as well 

as all information and calculations 

relied upon to develop such estimate. 

The Commission proposes this change 

for transparency. This proposed change 

would ensure that the public is 

provided notice of the estimated effect 

of the proposed rate incentive on nonparticipating mailers in the affected 

class. The Commission requires the 

information and calculations relied 

upon to develop the estimate to ensure 

that it understands the basis for the 

estimate and to provide transparency to 

the public and affected stakeholders. 

The Commission also proposes 

adding a provision authorizing it to 

require the submission of information to 

ensure that rate incentives included in 

the percentage change in rates 

calculation comply with applicable 

requirements. In the Commission’s 

experience, reporting requirements are 

important to ensure that the 

Commission understands how rate 

incentives operate in practice. The 

Commission’s revised proposal codifies 

the Commission’s authority to impose 

such reporting requirements. 

III. Proposed Rule 

List of Subjects 

39 CFR Part 3030 

Administrative practice and 

procedure, Fees, Postal Service. 

For the reasons stated in the 

preamble, the Commission proposes to 

amend 39 CFR part 3030 as follows: 

PART 3030—REGULATION OF RATES 

FOR MARKET DOMINANT PRODUCTS 

■ 1. The authority citation for part 3030 

continues to read as follows: 

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

■ 2. Amend § 3030.101 by revising 

paragraph (j) to read as follows: 

§ 3030.101 Definitions. 

* * * * * 

(j) Rate of general applicability means 

a rate applicable to all mail meeting 

standards established by the Mail 

Classification Schedule, the Domestic 

Mail Manual, and the International Mail 

Manual. A rate is not a rate of general 

applicability if eligibility for the rate is 

dependent on factors other than the 

characteristics of the mail to which the 

rate applies. A rate incentive is not a 

rate of general applicability if eligibility 

for the rate is wholly or partially 

dependent on the volume of mail sent 

by a mailer in a past year or years or on 

the participation by a mailer in a rate 

incentive or promotion in a past year or 

years. A rate is not a rate of general 

applicability if it benefits only a single 

mailer. A rate that is only available 

upon the written agreement of both the 

Postal Service and a mailer, a group of 

mailers, or a foreign postal operator is 

not a rate of general applicability. 

* * * * * 

■ 3. Amend § 3030.123 by revising 

paragraph (j) to read as follows: 

§ 3030.123 Supporting technical 

documentation. 

* * * * * 

(j) Whenever the Postal Service 

includes a rate incentive with its 

planned rate adjustment, it must 

include with its filing: 

(1) Whether the rate incentive is being 

treated under § 3030.128(f)(2) or under 

§ 3030.128(f)(1) and (g); 

(2) If the Postal Service seeks to 

include the rate incentive in the 

calculation of the percentage change in 

rates under § 3030.128(f)(2): 

(i) The terms and conditions of the 

rate incentive; 

(ii) The factors that determine 

eligibility for the rate incentive; 

(iii) A statement that affirms that the 

rate incentive will not benefit only a 

single mailer; 

(iv) A statement that affirms that the 

rate incentive is not only available upon 

the written agreement of both the Postal 

Service and a mailer, or group of 

mailers, or a foreign postal operator; 

(v) A statement describing the 

purpose of the rate incentive; and 

(vi) An estimate of the effect of the 

rate incentive on mailers in the affected 

class that do not participate in the rate 

incentive and all information and 

calculations relied upon to develop 

such estimate. 

* * * * * 

■ 4. Amend § 3030.128 by: 

■ a. Revising paragraph (f)(2); 

■ b. Adding paragraph (f)(3); and 

■ c. Revising paragraph (g)(1). 

The addition and revisions read as 

follows: 

§ 3030.128 Calculation of percentage 

change in rates. 

* * * * * 

(f) * * * 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Proposed Rules 79491 

(2) A rate incentive may be included 

in a percentage change in rates 

calculation if it meets the following 

criteria: 

(i) The rate incentive is in the form of 

a discount or can be easily translated 

into a discount; 

(ii) Sufficient billing determinants are 

available for the rate incentive to be 

included in the percentage change in 

rate calculation for the class, which may 

be adjusted based on known mail 

characteristics or historical volume data 

(as opposed to forecasts of mailer 

behavior); and 

(iii) The rate incentive is either: 

(A) A rate of general applicability; or 

(B) A rate not of general applicability 

that satisfies the following 

requirements: 

(1) The rate incentive is not only 

available upon the written agreement of 

both the Postal Service and a mailer, or 

group of mailers, or a foreign postal 

operator; 

(2) The rate incentive is applicable to 

all mail meeting standards established 

by the Mail Classification Schedule, the 

Domestic Mail Manual, and the 

International Mail Manual; 

(3) The rate incentive does not benefit 

only a single mailer; 

(4) The rate incentive is designed to 

increase volume; and 

(5) A mailer’s eligibility for the rate 

incentive depends on the mailer’s 

sending, in a specified period of time 

(which must not be less than three 

months) a volume of mail of specified 

products that exceeds a specified 

threshold volume of mail, provided that 

such threshold volume of mail is not 

less than the volume of the specified 

products that the mailer sent in the 

specified period of time in the 

immediately preceding fiscal year or 

calendar year. 

(3) The Commission may require 

submission of such information as it 

deems necessary to ensure that rate 

incentives included in the percentage 

change in rates calculation comply with 

the requirements of this section. 

(g)(1) Mail volumes sent at rates under 

a negotiated service agreement or a rate 

incentive that is not a rate of general 

applicability are to be included in the 

calculation of the percentage change in 

rates under this section as though they 

paid the appropriate rates of general 

applicability, except as provided in 

paragraph (f)(2) of this section. Where it 

is impractical to identify the rates of 

general applicability (e.g., because 

unique rate categories are created for a 

mailer), the volumes associated with the 

mail sent under the terms of the 

negotiated service agreement or the rate 

incentive that is not a rate of general 

applicability shall be excluded from the 

calculation of the percentage change in 

rates. 

* * * * * 

By the Commission. 

Erica A. Barker, 

Secretary. 

[FR Doc. 2024–22125 Filed 9–27–24; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R03–RCRA–2024–0046; FRL–11702– 

01–R3] 

West Virginia: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The state of West Virginia has 

applied to the United States 

Environmental Protection Agency (EPA) 

for final authorization of revisions to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). EPA has determined that 

these revisions satisfy all requirements 

needed to qualify for final authorization, 

subject to public comment. Therefore, in 

the ‘‘Rules and Regulations’’ section of 

this Federal Register, we are 

authorizing West Virginia for these 

changes as a final action without a prior 

proposed rule. If we receive no adverse 

comment, we will not take further 

action on this proposed rule. 

DATES: Send written comments by 

October 30, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

RCRA–2024–0046, at 

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. 

The EPA encourages electronic 

submittals, but if you are unable to 

submit electronically or need other 

assistance, please contact Priscilla Ortiz 

Carrero, the contact listed in the FOR

FURTHER INFORMATION CONTACT section 

below. Please also contact Priscilla Ortiz 

Carrero if you need assistance in a 

language other than English or if you are 

a person with disabilities who needs a 

reasonable accommodation at no cost to 

you. 

FOR FURTHER INFORMATION CONTACT: 

Priscilla Ortiz Carrero, RCRA Programs 

Branch; Land, Chemicals, and 

Redevelopment Division, U.S. 

Environmental Protection Agency 

Region 3, Four Penn Center, 1600 John 

F. Kennedy Blvd. (Mail code 3LD31), 

Philadelphia, PA 19103–2852; phone: 

(215) 814–3428, email: 

ortizcarrero.priscilla@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

document proposes to take action on 

West Virginia ’s revisions to its 

hazardous waste management program 

under the Resource Conservation and 

Recovery Act (RCRA), as amended. We 

have published a direct final rule 

authorizing these revisions in the 

‘‘Rules and Regulations’’ section of this 

issue of the Federal Register because we 

view this as a noncontroversial action 

and anticipate no adverse comment. We 

have explained our reasons for this 

action in the preamble to the direct final 

rule. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. If we receive adverse 

comment pertaining to the State 

revisions, we will withdraw the final 

action and it will not take effect. We 

would then address all public 

comments in a subsequent final action 

and base any further decision on the 

authorization of the State program 

revisions after considering all comments 

received during the comment period. 

We do not intend to institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information, please see the information 

provided in the ADDRESSES section of 

this document. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006 and 


ddrumheller on DSK120RN23PROD with PROPOSALS1