Federal Register - February 5, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 23 / Friday, February 5, 2021 / Proposed Rules
suggestions on how to improve upon that mechanism, they may propose changes in their response to this Order.
An effective price cap system maintains reliable, efficient, and economical service.30 The Postal Service cannot be permitted to degrade service in order to comply with the revenue constraints associated with the price cap. Order No. 4257 at 255 citing Docket No. N20101, Advisory Opinion at 8. A reduction in service must be warranted by declining demand for the service, rather than to ease the obligation of adhering to the price cap.
Docket No. N20101, Advisory Opinion at 10. Introducing a direct financial incentive connected to operational efficiency gains and cost reductions may undermine the existing incentives to maintain high-quality service standards.31 Accordingly, to give due consideration to a potential need to counterbalance such unintended consequences, the Commission raises the following discussion points:
1. How to identify potential regulatory changes that may be needed to counterbalance any perverse incentive to degrade service standards and/or service performance that may be created by introducing an operational-efficiency based requirement?
2. How to identify the relative advantages of designing a system that creates a direct financial link to changes in service standards?
3. What data and methods could be used to design a system that creates a direct financial link to changes in service standards?
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IV. Administrative Actions The Commission establishes Docket No. RM20212 for consideration of the matters discussed in the body of this advance notice of proposed rulemaking.
The Commission will accept comments and reply comments concerning the topics identified in this advance notice of proposed rulemaking.
Comments are due April 15, 2021. Reply comments are due May 17, 2021.
Pursuant to 39 U.S.C. 505, Richard A.
Oliver is designated as an officer of the Commission Public Representative to represent the interests of the general public in this proceeding.
The Postal Service shall file the documentation and linked workpapers for its TFP methodology to aid in the 30 Order No. 4257 at 255 citing Docket No.
N20101 Advisory Opinion at 710.
31 See Order No. 5763 at 171 citing Order No.
5337 at 142, 144; Order No. 4257 at 255; see also 2006 Joskow, supra at 8 observing that regulatory mechanisms focusing on cost reductions exclusively may lead to the operator reducing its service.
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evaluation of TFP by February 16, 2021.
Materials filed in this docket will be available for review on the Commissions website http
www.prc.gov.
The Regulatory Flexibility Act requires federal agencies, in promulgating rules, to consider the impact of those rules on small entities.
See 5 U.S.C. 601, et seq. If the proposed or final rules will not, if promulgated, have a significant economic impact on a substantial number of small entities, the head of the agency may certify that the initial and final regulatory flexibility analysis requirements of 5 U.S.C. 603
and 604 do not apply. See 5 U.S.C.
605b. In the context of this rulemaking, the Commissions primary responsibility is in the regulatory oversight of the United States Postal Service. The rules that are the subject of this rulemaking have a regulatory impact on the Postal Service, but do not impose any regulatory obligation upon any other entity. Based on these findings, the Chairman of the Commission certifies that the rules that are the subject of this rulemaking will not have a significant economic impact on a substantial number of small entities. Therefore, pursuant to 5 U.S.C.
605b, this rulemaking is exempt from the initial and final regulatory flexibility analysis requirements of 5 U.S.C. 603
and 604.
V. Ordering Paragraphs It is ordered:
1. Docket No. RM20212 is established for the purpose of considering amendments to Chapter III
of title 39 of the Code of Federal Regulations as discussed in this advance notice of proposed rulemaking.
2. The Postal Service shall file the documentation and linked workpapers for its total factor productivity methodology, in a manner that displays the formulae used and links to related spreadsheets by February 16, 2021.
3. If the Postal Service proposes to use a metric other than total factor productivity for a performance incentive mechanism, then it shall file a detailed public explanation of the methodology along with its comments.
4. Pursuant to 39 U.S.C. 505, Richard A. Oliver shall serve as an officer of the Commission Public Representative to represent the interests of the general public in this proceeding.
5. Interested persons may submit comments no later than April 15, 2021.
6. Interested persons may submit reply comments no later than May 17, 2021.
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7. The Secretary shall arrange for publication of this order in the Federal Register.
By the Commission.
Erica A. Barker, Secretary.
Editorial Note: This document was received at the Office of the Federal Register on January 19, 2021.
FR Doc. 202101500 Filed 2421; 8:45 am BILLING CODE 7710FWP
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management Agency 44 CFR Part 206
Docket ID FEMA20200038
RIN 1660AA99
Cost of Assistance Estimates in the Disaster Declaration Process for the Public Assistance Program; Public Meeting Federal Emergency Management Agency, Department of Homeland Security.
ACTION: Announcement of meeting;
extension of comment period.
AGENCY:
The Federal Emergency Management Agency FEMA is extending the public comment period for its proposed rule published December 14, 2020, and will hold a public meeting remotely via web conference to solicit feedback on the proposed rule. The rule proposed to substantively revise the estimated cost of the assistance disaster declaration factor that FEMA uses to review a Governors request for a major disaster under the Public Assistance Program.
DATES: Written comments on the proposed rule published at 85 FR 80719
December 14, 2020 may be submitted until 11:59 p.m. ET on Friday, March 12, 2021.
The meeting will take place on Wednesday, February 24, 2021, from 1
to 3 p.m. Eastern Time ET.
To register in order to make remarks during the meeting, contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section below by 12 p.m. ET on Tuesday, February 23, 2021.
SUMMARY:
The meeting will be held via web conference. Members of the public may view the public portion of the meeting online at https
fema.zoomgov.com/s/1617851830.
ADDRESSES:
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