Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices 48451 

For the Nuclear Regulatory Commission. 

Wesley W. Held, 

Policy Coordinator, Office of the Secretary. 

[FR Doc. 2021–18680 Filed 8–26–21; 11:15 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. STN 50–454 and STN 50–455; 

NRC–2021–0156] 

Exelon Generation Company, LLC, 

Byron Station, Unit Nos. 1 and 2 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemption; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing an 

exemption in response to a September 

28, 2020, request from Exelon 

Generation Company, LLC. The 

exemption allows either a licensed 

senior operator or a certified fuel 

handler to approve the emergency 

suspension of security measures for 

Byron Station, Unit Nos. 1 and 2 during 

certain emergency conditions or during 

severe weather after both the 

certification of permanent cessation of 

operations and the certification of 

permanent fuel removal have been 

docketed for the facility. 

DATES: The exemption was issued on 

August 23, 2021. 

ADDRESSES: Please refer to Docket ID 

NRC–2021–0156 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2021–0156. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, contact the 

NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. The ADAMS accession number 

for each document referenced (if it is 

available in ADAMS) is provided the 

first time that it is mentioned in this 

document. 

• Attention: The PDR, where you may 

examine and order copies of public 

documents, is currently closed. You 

may submit your request to the PDR via 

email at pdr.resource@nrc.gov or call 1– 

800–397–4209 or 301–415–4737, 

between 8:00 a.m. and 4:00 p.m. (ET), 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Joel 

S. Wiebe, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone: 301–415–6606; email: 

Joel.Wiebe@nrc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the exemption is attached. 

Dated: August 25, 2021. 

For the Nuclear Regulatory Commission. 

Joel S. Wiebe, 

Senior Project Manager, Plant Licensing 

Branch III, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

Attachment: Exemption 

NUCLEAR REGULATORY 

COMMISSION 

Docket Nos. STN 50–454 and STN 50– 

455 

Exelon Generation Company, LLC; 

Byron Station, Unit Nos. 1 and 2 

Exemption Related to the Approval 

Authority for Suspension of Security 

Measures in an Emergency or During 

Severe Weather 

I. Background 

Exelon Generation Company, LLC 

(Exelon) is the holder of Renewed 

Facility Operating License Nos. NPF–37 

and NPF–66 for the Byron Station, Unit 

Nos. 1 and 2 (Byron). The licenses 

provide, among other things, that the 

facility is subject to all applicable rules, 

regulations, and orders of the U.S. 

Nuclear Regulatory Commission (NRC, 

the Commission), now or hereafter in 

effect. The Byron facility consists of two 

pressurized-water reactors located in 

Ogle County, Illinois. 

By letter dated September 2, 2020 

(Agencywide Documents Access and 

Management System (ADAMS) 

Accession No. ML20246G613), Exelon 

provided formal notification to the NRC 

pursuant to Title 10 of the Code of 

Federal Regulations (10 CFR) Sections 

50.82(a)(1)(i) and 50.4(b)(8) of the 

intention to permanently cease power 

operations at Byron on or before 

September 30, 2021. 

In accordance with 10 CFR 

50.82(a)(1)(i)–(ii) and 50.82(a)(2), the 10 

CFR part 50 licenses for the facility will 

no longer authorize reactor operation or 

emplacement or retention of fuel in the 

reactor vessel after certifications of 

permanent cessation of operations and 

permanent removal of fuel from the 

reactor vessel are docketed for Byron. 

As a result, licensed senior operators 

(i.e., individuals licensed under 10 CFR 

part 55 to manipulate the controls of a 

facility and to direct the licensed 

activities of licensed operators) will no 

longer be required to support plant 

operating activities. Instead, certified 

fuel handlers (CFHs) (i.e., non-licensed 

operators who have qualified in 

accordance with a fuel handler training 

program approved by the Commission) 

will perform activities associated with 

decommissioning, irradiated fuel 

handling, and management. 

Commission approval of a fuel handler 

training program is needed to facilitate 

these activities. 

By letter dated September 24, 2020 

(ADAMS Accession No. ML20269A233), 

Exelon submitted a request for 

Commission approval of the CFH 

Training and Retraining Program for 

Byron. By letter dated August 17, 2021 

(ADAMS Accession No. ML21076A371), 

the Commission approved the CFH 

Training and Retraining Program for 

Byron. The CFH Training and 

Retraining Program is to be used to 

satisfy training requirements for the 

plant personnel responsible for 

supervising and directing the 

monitoring, storage, handling, and 

cooling of irradiated fuel in a manner 

consistent with ensuring the health and 

safety of the public. As stated in 10 CFR 

50.2, ‘‘Definitions,’’ CFHs are qualified 

in accordance with a Commissionapproved training program. 

II. Request/Action 

The Commission’s regulation at 10 

CFR 73.55(p)(1) addresses the 

suspension of security measures in an 

emergency (10 CFR 73.55(p)(1)(i)) or 

during severe weather (10 CFR 

73.55(p)(1)(ii)) by stating: 

The licensee may suspend implementation 

of affected requirements of this section under 

the following conditions: 

(i) In accordance with §§ 50.54(x) and 

50.54(y) of this chapter, the licensee may 

suspend any security measures under this 

section in an emergency when this action is 

immediately needed to protect the public 

health and safety and no action consistent 

with license conditions and technical 

specifications that can provide adequate or 

equivalent protection is immediately 

apparent. This suspension of security 

measures must be approved as a minimum by 

a licensed senior operator before taking this 

action. 


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48452 Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices 

(ii) During severe weather when the 

suspension of affected security measures is 

immediately needed to protect the personal 

health and safety of security force personnel 

and no other immediately apparent action 

consistent with the license conditions and 

technical specifications can provide adequate 

or equivalent protection. This suspension of 

security measures must be approved, as a 

minimum, by a licensed senior operator, with 

input from the security supervisor or 

manager, before taking this action. 

By letter dated September 28, 2020 

(ADAMS Accession No. ML20272A212), 

Exelon requested an exemption from 10 

CFR 73.55(p)(1)(i) and (ii), pursuant to 

10 CFR 73.5, ‘‘Specific exemptions.’’ 

Consistent with 10 CFR 50.54(y), the 

proposed exemption would authorize a 

CFH, in addition to a licensed senior 

operator, to approve the suspension of 

security measures in an emergency or 

during severe weather at Byron. 

III. Discussion 

The NRC’s security rules have long 

recognized the potential need to 

suspend security or safeguards measures 

under certain conditions. Accordingly, 

10 CFR 50.54(x) and (y), first published 

in 1983, allow a licensee to take 

reasonable actions in an emergency that 

depart from license conditions or 

technical specifications when those 

actions are immediately ‘‘needed to 

protect the public health and safety’’ 

and no actions consistent with license 

conditions and technical specifications 

that can provide adequate or equivalent 

protection are immediately apparent (48 

FR 13970; April 1, 1983). This departure 

from license conditions or technical 

specifications must be approved, as a 

minimum, by a licensed senior operator. 

In 1986, in its final rule, ‘‘Miscellaneous 

Amendments Concerning the Physical 

Protection of Nuclear Power Plants’’ (51 

FR 27817; August 4, 1986), the 

Commission issued 10 CFR 73.55(a), 

stating, in part: 

In accordance with § 50.54 (x) and (y) of 

Part 50, the licensee may suspend any 

safeguards measures pursuant to § 73.55 in 

an emergency when this action is 

immediately needed to protect the public 

health and safety and no action consistent 

with license conditions and technical 

specification that can provide adequate or 

equivalent protection is immediately 

apparent. This suspension must be approved 

as a minimum by a licensed senior operator 

prior to taking the action. 

In 1996, the NRC made a number of 

regulatory changes to address 

decommissioning. One of the changes 

was to amend 10 CFR 50.54(x) and (y) 

to authorize a non-licensed operator 

called a ‘‘certified fuel handler,’’ in 

addition to a licensed senior operator, to 

approve such protective actions in an 

emergency situation at a permanently 

shutdown facility. Specifically, in 

addressing the role of the CFH during 

emergencies, the Commission stated in 

the proposed rule, ‘‘Decommissioning of 

Nuclear Power Reactors’’ (60 FR 37379; 

July 20, 1995): 

The Commission is proposing to amend 10 

CFR 50.54(y) to permit a certified fuel 

handler at nuclear power reactors that have 

permanently ceased operations and 

permanently removed fuel from the reactor 

vessel, subject to the requirements of 

§ 50.82(a) and consistent with the proposed 

definition of ‘‘Certified Fuel Handler’’ 

specified in § 50.2, to make these evaluations 

and judgments. A nuclear power reactor that 

has permanently ceased operations and no 

longer has fuel in the reactor vessel does not 

require a licensed individual to monitor core 

conditions. A certified fuel handler at a 

permanently shutdown and defueled nuclear 

power reactor undergoing decommissioning 

is an individual who has the requisite 

knowledge and experience to evaluate plant 

conditions and make these judgments. 

In the final rule (61 FR 39298; July 29, 

1996), the NRC added the following 

definition to 10 CFR 50.2: ‘‘Certified 

fuel handler means, for a nuclear power 

reactor facility, a non-licensed operator 

who has qualified in accordance with a 

fuel handler training program approved 

by the Commission.’’ However, the 

decommissioning rule did not propose 

or make parallel changes to 10 CFR 

73.55(a), and did not discuss the role of 

a non-licensed CFH at a permanently 

shutdown facility. 

In the final rule, ‘‘Power Reactor 

Security Requirements’’ (74 FR 13926; 

March 27, 2009), the NRC relocated the 

security suspension requirements from 

10 CFR 73.55(a) to 10 CFR 73.55(p)(1)(i) 

and (ii). The role of a CFH was not 

discussed in the rulemaking; therefore, 

the suspension of security measures in 

accordance with 10 CFR 73.55(p) 

continues to require approval, as a 

minimum, by a licensed senior operator, 

even for a permanently shutdown 

facility. 

Under 10 CFR 73.5, the Commission 

may, upon application of any interested 

person or upon its own initiative, grant 

exemptions from the requirements of 10 

CFR part 73, as it determines are 

authorized by law, will not endanger 

life or property or the common defense 

and security, and are otherwise in the 

public interest. As explained below, the 

proposed exemption is authorized by 

law, will not endanger life or property 

or the common defense and security, 

and is otherwise in the public interest. 

A. The Exemption Is Authorized by Law 

The proposed exemption from 10 CFR 

73.55(p)(1)(i) and (ii) would permit, as 

a minimum, a CFH, in addition to a 

licensed senior operator, to approve the 

suspension of security measures in an 

emergency or during severe weather at 

Byron when it is permanently 

shutdown. Although the exemption is 

effective upon receipt, the actions 

permitted by the proposed exemption 

may not be implemented at Byron until 

the 10 CFR part 50 licenses no longer 

authorize operation of the reactors or 

emplacement or retention of fuel in the 

reactor vessels in accordance with 10 

CFR 50.82(a)(2). The intent of the 

proposed exemption is to align these 

regulations with 10 CFR 50.54(y) by 

using the authority of either a licensed 

senior operator or a CFH to approve the 

suspension of security measures during 

an emergency or during severe weather. 

Per 10 CFR 73.5, the NRC is 

authorized to grant specific exemptions 

from the regulations in 10 CFR part 73, 

as are authorized by law. The NRC staff 

has determined that granting the 

proposed exemption is consistent with 

the Atomic Energy Act of 1954, as 

amended, and not otherwise 

inconsistent with NRC regulations or 

other applicable laws. Therefore, the 

exemption is authorized by law. 

B. The Exemption Will Not Endanger 

Life or Property or the Common Defense 

and Security 

Permitting, as a minimum, a CFH, in 

addition to a licensed senior operator, to 

approve the suspension of security 

measures in an emergency or during 

severe weather at Byron when it is 

permanently shutdown will not 

endanger life or property or the common 

defense and security for the reasons 

discussed below. 

First, 10 CFR 73.55(p)(2) will 

continue to require that ‘‘[s]uspended 

security measures must be reinstated as 

soon as conditions permit.’’ 

Second, the suspension of security 

measures for non-weather emergencies 

under 10 CFR 73.55(p)(1)(i) will 

continue to be invoked only ‘‘when this 

action is immediately needed to protect 

the public health and safety and no 

action consistent with license 

conditions and technical specifications 

that can provide adequate or equivalent 

protection is immediately apparent.’’ 

Thus, the exemption would not prevent 

the licensee from meeting the 

underlying purpose of 10 CFR 

73.55(p)(1)(i) to protect the public 

health and safety. 

Third, the suspension of security 

measures for severe weather under 10 

CFR 73.55(p)(1)(ii) will continue to be 

used only when ‘‘the suspension of 

affected security measures is 

immediately needed to protect the 

personal health and safety of security 


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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices 48453 

force personnel and no other 

immediately apparent action consistent 

with the license conditions and 

technical specifications can provide 

adequate or equivalent protection.’’ The 

requirement in 10 CFR 73.55(p)(1)(ii) to 

receive input from the security 

supervisor or manager will remain. 

Therefore, the exemption would not 

prevent the licensee from meeting the 

underlying purpose of 10 CFR 

73.55(p)(1)(ii) to protect the health and 

safety of the security force. 

Additionally, by letter dated August 

17, 2021, the NRC approved the Byron 

CFH Training and Retraining Program. 

The NRC staff found that, among other 

things, the program addresses the safe 

conduct of decommissioning activities, 

the safe handling and storage of spent 

fuel, and the appropriate response to 

plant emergencies. Because a CFH at 

Byron will be sufficiently trained and 

qualified under an NRC-approved 

program, the NRC staff considers the 

CFH to have sufficient knowledge of 

operational and safety concerns, such 

that allowing the CFH to suspend 

security measures in an emergency or 

during severe weather will not result in 

undue risk to the public health and 

safety. 

In addition, since the exemption 

allows a CFH the same authority 

currently given to the licensed senior 

operator under 10 CFR 73.55(p)(1)(i) 

and (ii), no change is required to 

physical security. Since no change is 

required to physical security, the 

exemption would not reduce the overall 

effectiveness of the Byron physical 

security plan and would not adversely 

impact the licensee’s ability to 

physically secure the site or protect 

special nuclear material at Byron, and 

thus, would not have an effect on the 

common defense and security. The NRC 

staff has determined that the exemption 

would not reduce security measures 

currently in place to protect against 

radiological sabotage. Instead, the 

exemption would align the 

requirements of 10 CFR 73.55(p)(1)(i) 

and (ii) with the existing requirements 

of 10 CFR 50.54(y). 

For these reasons, granting the 

exemption from the requirements in 10 

CFR 73.55(p)(1)(i) and (ii) to permit, as 

a minimum, a CFH, in addition to a 

licensed senior operator, to approve the 

suspension of security measures in an 

emergency or during severe weather at 

Byron when it is permanently shutdown 

will not endanger life or property or the 

common defense and security. 

C. The Exemption Is Otherwise in the 

Public Interest 

The proposed exemption would allow 

a CFH, in addition to a licensed senior 

operator, to approve the suspension of 

security measures in an emergency 

when ‘‘immediately needed to protect 

the public health and safety’’ or during 

severe weather when ‘‘immediately 

needed to protect the personal health 

and safety of security force personnel’’ 

at Byron when it is permanently 

shutdown. If the exemption is not 

granted, Byron will be required to have 

a licensed senior operator available to 

approve the suspension of security 

measures in an emergency or during 

severe weather for a permanently 

shutdown plant, even though there 

would no longer be an NRC requirement 

for Exelon to maintain a licensed senior 

operator at Byron after the certifications 

required by 10 CFR 50.82(a)(1)(i) and (ii) 

are submitted. 

This proposed exemption is in the 

public interest for the following reasons. 

Without the exemption, there would be 

uncertainty regarding how the licensee 

would invoke the temporary suspension 

of security measures that may be needed 

for protecting the public health and 

safety or the personal health and safety 

of the security force personnel in 

emergencies or during severe weather, 

given the differences between the 

requirements in 10 CFR 73.55(p)(1)(i) 

and (ii) and 10 CFR 50.54(y). The 

exemption would allow the licensee to 

make decisions pursuant to 10 CFR 

73.55(p)(1)(i) and (ii) without having to 

maintain a staff of licensed senior 

operators at a nuclear power reactor that 

has permanently ceased operations and 

permanently removed fuel from the 

reactor vessel. The exemption would 

also allow the licensee to have an 

established procedure in place to allow 

either a licensed senior operator or a 

CFH to suspend security measures in an 

emergency or during severe weather 

after the certifications required by 10 

CFR 50.82(a)(1)(i) and (ii) have been 

submitted. Finally, the consistent and 

efficient regulation of nuclear power 

plants serves the public interest and this 

exemption would assure consistency 

between the regulations in 10 CFR part 

73 and 10 CFR 50.54(y) and the 

requirements concerning licensed 

operators in 10 CFR part 55. 

The NRC staff has determined that 

granting the proposed exemption would 

allow the licensee to designate a CFH 

with qualifications appropriate for a 

permanently shutdown and defueled 

reactor to approve the suspension of 

security measures in an emergency to 

protect the public health and safety and 

during severe weather to protect the 

personal health and safety of the 

security force personnel. The actions 

permitted by this exemption may be 

implemented at Byron when both the 

certification of permanent cessation of 

operations and the certification of 

permanent fuel removal are submitted 

in accordance with 10 CFR 50.82(a)(1)(i) 

and (ii), which is consistent with the 

similar authority provided by 10 CFR 

50.54(y). Therefore, the exemption is in 

the public interest. 

D. Environmental Consideration 

The NRC’s approval of the proposed 

exemption belongs to a category of 

actions that the Commission, by rule or 

regulation, has declared to be a 

categorical exclusion, after first finding 

that the category of actions does not 

individually or cumulatively have a 

significant effect on the human 

environment. Specifically, the NRC’s 

approval of the exemption is 

categorically excluded from further 

environmental analysis under 10 CFR 

51.22(c)(25). 

Under 10 CFR 51.22(c)(25), the 

granting of an exemption from the 

requirements of any regulation of 

Chapter I to 10 CFR is a categorical 

exclusion provided that: (i) There is no 

significant hazards consideration; (ii) 

there is no significant change in the 

types or significant increase in the 

amounts of any effluents that may be 

released offsite; (iii) there is no 

significant increase in individual or 

cumulative public or occupational 

radiation exposure; (iv) there is no 

significant construction impact; (v) 

there is no significant increase in the 

potential for or consequences from 

radiological accidents; and (vi) the 

requirements from which the exemption 

is sought involve, among others: 

safeguard plans, and materials control 

and accounting inventory scheduling 

requirements or other requirements of 

an administrative, managerial, or 

organizational nature. The basis for the 

NRC’s determination is provided in the 

following evaluation of the 

requirements in 10 CFR 51.22(c)(25)(i)– 

(vi). 

Requirements in 10 CFR 51.22(c)(25)(i) 

To qualify for a categorical exclusion 

under 10 CFR 51.22(c)(25)(i), the 

exemption must involve a no significant 

hazards consideration. The criteria for 

making a no significant hazards 

consideration determination are found 

in 10 CFR 50.92(c). The NRC staff has 

determined that granting the proposed 

exemption involves no significant 

hazards consideration because allowing 

a CFH, in addition to a licensed senior 


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48454 Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Notices 

1See Docket No. RM2018–3, Order Adopting 

Final Rules Relating to Non-Public Information, 

June 27, 2018, Attachment A at 19–22 (Order No. 

4679). 

operator, to approve the security 

suspension at a permanently shutdown 

and defueled power plant does not (1) 

involve a significant increase in the 

probability or consequences of an 

accident previously evaluated; or (2) 

create the possibility of a new or 

different kind of accident from any 

accident previously evaluated; or (3) 

involve a significant reduction in a 

margin of safety. The proposed 

exemption is unrelated to any 

operational restriction. Therefore, the 

requirements of 10 CFR 51.22(c)(25)(i) 

are met. 

Requirements in 10 CFR 51.22(c)(25)(ii) 

and (iii) 

The proposed exemption would not 

change radioactive effluents or 

emissions that affect radiation 

exposures to plant workers and 

members of the public. Accordingly, 

there is no significant change in the 

types or significant increase in the 

amounts of any effluents that may be 

released offsite and no significant 

increase in individual or cumulative 

public or occupational radiation 

exposure. Therefore, the requirements of 

10 CFR 51.22(c)(25)(ii) and (iii) are met. 

Requirements in 10 CFR 51.22(c)(25)(iv) 

The proposed exemption is not 

associated with construction or major 

renovations of any buildings or 

structures. Therefore, the requirements 

of 10 CFR 51.22(c)(25)(iv) are met 

because there is no significant 

construction impact. 

Requirements in 10 CFR 51.22(c)(25)(v) 

The proposed exemption does not 

concern the source term (i.e., potential 

amount of radiation in an accident) or 

mitigation. Thus, there is no significant 

increase in the potential for or 

consequences from radiological 

accidents. Therefore, the requirements 

of 10 CFR 51.22(c)(25)(v) are met. 

Requirements in 10 CFR 51.22(c)(25)(vi) 

The proposed exemption is from the 

requirement to have a licensed senior 

operator approve suspensions of 

security measures in an emergency or 

during severe weather. Therefore, the 

requirement from which the exemption 

is sought involves safeguard plans, 

materials control, and managerial and 

organizational matters and, thus, the 

requirements of 10 CFR 51.22(c)(25)(vi) 

are met. 

Determination Regarding 10 CFR 

51.22(c)(25) Requirements 

Based on the above, the NRC staff 

determines that the proposed exemption 

meets the eligibility criteria for a 

categorical exclusion set forth in 10 CFR 

51.22(c)(25). Therefore, pursuant to 10 

CFR 51.22(b), no environmental impact 

statement or environmental assessment 

need be prepared in connection with the 

approval of the proposed exemption. 

IV. Conclusion 

Accordingly, the Commission has 

determined that, pursuant to 10 CFR 

73.5, the proposed exemption is 

authorized by law, will not endanger 

life or property or the common defense 

and security, and is otherwise in the 

public interest. Therefore, the 

Commission hereby grants the licensee’s 

request for an exemption from the 

requirements of 10 CFR 73.55(p)(1)(i) 

and (ii) to allow either a licensed senior 

operator or a CFH to approve the 

suspension of security measures in an 

emergency or during severe weather at 

Byron once the certifications required 

under 10 CFR 50.82(a)(1) have been 

submitted. 

The exemption is effective upon 

receipt. 

Dated: August 23, 2021. 

For the Nuclear Regulatory Commission. 

Caroline L. Carusone, 

Deputy Director, Division of Operating 

Reactor Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2021–18601 Filed 8–27–21; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket Nos. MC2021–129 and CP2021–134] 

New Postal Products 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recent Postal Service filing for the 

Commission’s consideration concerning 

a negotiated service agreement. This 

notice informs the public of the filing, 

invites public comment, and takes other 

administrative steps. 

DATES: Comments are due: September 1, 

2021. 

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. Docketed Proceeding(s) 

I. Introduction 

The Commission gives notice that the 

Postal Service filed request(s) for the 

Commission to consider matters related 

to negotiated service agreement(s). The 

request(s) may propose 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. 

Section II identifies the docket 

number(s) associated with each Postal 

Service request, the title of each Postal 

Service request, the request’s acceptance 

date, and the authority cited by the 

Postal Service for each request. For each 

request, the Commission appoints an 

officer of the Commission to represent 

the interests of the general public in the 

proceeding, pursuant to 39 U.S.C. 505 

(Public Representative). Section II also 

establishes comment deadline(s) 

pertaining to each request. 

The public portions of the Postal 

Service’s request(s) can be accessed via 

the Commission’s website (http://

www.prc.gov). Non-public portions of 

the Postal Service’s request(s), if any, 

can be accessed through compliance 

with the requirements of 39 CFR 

3011.301.1

The Commission invites comments on 

whether the Postal Service’s request(s) 

in the captioned docket(s) are consistent 

with the policies of title 39. For 

request(s) that the Postal Service states 

concern market dominant product(s), 

applicable statutory and regulatory 

requirements include 39 U.S.C. 3622, 39 

U.S.C. 3642, 39 CFR part 3030, and 39 

CFR part 3040, subpart B. For request(s) 

that the Postal Service states concern 

competitive product(s), applicable 

statutory and regulatory requirements 

include 39 U.S.C. 3632, 39 U.S.C. 3633, 

39 U.S.C. 3642, 39 CFR part 3035, and 

39 CFR part 3040, subpart B. Comment 

deadline(s) for each request appear in 

section II. 

II. Docketed Proceeding(s) 

1. Docket No(s).: MC2021–129 and 

CP2021–134; Filing Title: USPS Request 

to Add Priority Mail Express, Priority 

Mail & First-Class Package Service 

Contract 76 to Competitive Product List 

and Notice of Filing Materials Under 


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