[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Notices]
[Pages 67256-67257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30073]
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POSTAL REGULATORY COMMISSION
[Docket No. CP2010-14; Order No. 356]
New Postal Product
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is noticing a recently-filed Postal Service
filing to add a new Global Expedited Packages Services 2 product to the
Competitive Product List. This notice addresses procedural steps
associated with the filing.
DATES: Comments are due: December 21, 2009.
ADDRESSES: Submit comments electronically via the Commission's Filing
Online system at http://www.prc.gov. Commenters who cannot submit their
views electronically should contact the person identified in ``FOR
FURTHER INFORMATION CONTACT''by telephone for advice on alternatives to
electronic filing.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
202-789-6820 or [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Notice of Filing
III. Ordering Paragraphs
I. Introduction
On December 10, 2009, the Postal Service filed a notice announcing
that it has entered into an additional Global Expedited Package
Services 2 (GEPS 2) contract.\1\
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\1\ Notice of United States Postal Service Filing of
Functionally Equivalent Global Expedited Package Services 2
Negotiated Service Agreement and Application for Non-Public
Treatment of Materials Filed Under Seal, December 10, 2009 (Notice).
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GEPS 2 provides volume-based incentives for mailers that send large
volumes of Express Mail International (EMI) and/or Priority Mail
International (PMI). The Postal Service believes the instant contract
is functionally equivalent to the previously submitted GEPS 2 contracts
and is supported by the Governors' Decision filed in Docket No. CP2008-
4.\2\ Id. at 1.
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\2\ See Docket No. CP2008-4, Notice of United States Postal
Service of Governors' Decision Establishing Prices and
Classifications for Global Expedited Package Services Contracts, May
20, 2008.
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The instant contract. The Postal Service filed the instant contract
pursuant to 39 CFR 3015.5. In addition, the Postal Service contends
that the contract is in accordance with Order No. 290.\3\ The term of
the instant contract is 1 year from the date the Postal service
notifies the customer that all necessary regulatory approvals have been
received. Notice at 2.
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\3\ See Docket No. CP2009-50, Order Granting Clarification and
Adding Global Expedited Package Services 2 to the Competitive
Product List, August 28, 2009 (Order No. 290).
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In support of its Notice, the Postal Service filed four attachments
as follows:
1. Attachment 1-an application for non-public treatment of
materials to maintain the contract and supporting documents under seal;
2. Attachment 2-a redacted copy of Governors' Decision No. 08-7
which establishes prices and classifications for GEPS contracts, a
description of applicable GEPS contracts, formulas for prices, an
analysis and certification of the formulas and certification of the
Governors' vote;
3. Attachment 3-a redacted copy of the contract, applicable
annexes, and a provision to modify the mailer's tender requirements;
and
Attachment 4-a certified statement required by 39 CFR 3015.5(c)(2).
Functional equivalency. The Postal Service asserts that the instant
contract is functionally equivalent to the contract in Docket No.
CP2009-50 and prior GEPS 2 contracts. Id. at 3-4. It also contends that
the instant contract meets the requirements of Governors' Decision No.
08-7 for rates for GEPS contracts. Id. at 3. The Postal Service
indicates that the instant contract differs from the contract in Docket
No. CP2009-50 in two ways, namely, (a) Customer specific information,
e.g., the customer's name, address, and provisions clarifying tender
locations; and (b) revisions intended to be included in all subsequent
agreements. Id. at 3-4. The latter revisions address, for example, the
treatment of confidential information and the availability of pickup
service.\4\
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\4\ Id. at 4-5. The Postal Service filed revisions to the
agreement under seal regarding certain Articles. It is not apparent
that the revised provisions should be filed as non-public.
Therefore, the Postal Service shall promptly file the revised
provisions as public or provide justification for their treatment as
non-public.
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The Postal Service contends that the instant contract satisfies the
pricing formula and classification system established in Governors'
Decision No. 08-7. Id. 2-3. It asserts that the instant contract and
all GEPS 2 contracts have similar cost and market characteristics and
is functionally equivalent in all relevant aspects. Id. at 5. The
Postal Service concludes that this contract is in compliance with 39
U.S.C. 3633, and requests that this contract be included within the
GEPS 2 product. Id.
II. Notice of Filing
The Commission establishes Docket No. CP2010-14 for consideration
of matters related to the contract identified in the Postal Service's
Notice.
Interested persons may submit comments on whether the Postal
Service's contract is consistent with the policies of 39 U.S.C. 3632,
3633, or 3642 and 39 CFR part 3015. Comments are due no later than
December 21, 2009. The public portions of these filings can be accessed
via the Commission's Web site (http://www.prc.gov).
The Commission appoints Paul L. Harrington to serve as Public
Representative in this proceeding.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket No. CP2010-14 for
consideration of the issues raised in this docket.
[[Page 67257]]
2. Comments by interested persons in these proceedings are due no
later than December 21, 2009.
3. Pursuant to 39 U.S.C. 505, Paul L. Harrington is appointed to
serve as officer of the Commission (Public Representative) to represent
the interests of the general public in this proceeding.
4. The Postal Service shall promptly clarify the revisions to the
contract as set forth in this order.
5. The Secretary shall arrange for publication of this order in the
Federal Register.
By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. E9-30073 Filed 12-17-E9; 8:45 am]
BILLING CODE 7710-FW-S