[Federal Register Volume 73, Number 164 (Friday, August 22, 2008)]
[Notices]
[Page 49723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19439]


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POSTAL REGULATORY COMMISSION

[Docket No. MC2008-7, CP2008-16, CP2008-17; Order No. 98]


Administrative Practice and Procedure; Postal Service

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission has established formal dockets to consider a 
formal request to add a new product to the competitive product list for 
prices not of general applicability and incorporates a notice of 
execution of two related contracts. The Commission's action will 
provide for public input and for a review to determine consistency with 
applicable statutory requirements.

DATES: Comments are due August 27, 2008.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
202-789-6820 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    On August 8, 2008, the Postal Service filed a formal request (with 
attachments) to add a new product to the competitive product list for 
prices not of general applicability.\1\ The Request incorporates notice 
of (1) issuance of the Governors' Decision authorizing the new product; 
(2) the execution of two related contracts; and (3) submission of 
supporting material under seal.\2\
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    \1\ See Request of the United States Postal Service to Add 
Global Plus 2 Negotiated Service Agreements to the Competitive 
Product List, and Notice of Filing (Under Seal) the Enabling 
Governors' Decision and Two Functionally Equivalent Agreements, 
August 8, 2008 (Request). Attachment 1 to the Request consists of 
Decision of the Governors of the United States Postal Service on the 
Establishment of Prices and Classifications for Global Direct, 
Global Bulk Economy, and Global Plus Contracts (Governors' Decision 
No. 08-10), July 16, 2008 (Governors' Decision). The Governors' 
Decision includes its own set of attachments presenting proposed 
classification language, pricing formulas and analyses, and the 
certification required under Commission rules. In the Request as 
filed, portions of the Governors' Decision and some of the 
attachments are redacted. Attachment 2 to the Request is the 
Statement of Supporting Justification provided by Frank Cebello, 
Executive Director of Global Business Management for the Postal 
Service (Cebello Statement) in the capacity of sponsor of the 
instant Request.
    \2\ This material includes an unredacted version of the enabling 
Governors' Decision, the record of proceedings, and other documents 
addressing compliance with 39 CFR 3015.5.
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    Request. The Request was filed pursuant to 39 U.S.C. 3642 and 39 
CFR 3020.30 et seq. Substantively, it seeks the addition of a shell 
classification in the competitive product list for a product referred 
to as Global Plus 2 Negotiated Service Agreements. Prices for this 
product, by the terms of the Governors' Decision, are established by 
setting price floor and price ceiling formulas in the contracts.
    The Request also addresses the Postal Service's interest in 
confidentiality; presents proposed Mail Classification Schedule (MCS) 
language; cites the Cebello Statement with respect to satisfaction of 
pertinent Commission rules; and discusses reasons why the Global Plus 2 
contracts should be deemed functionally equivalent. Request at 2-7. It 
affirmatively notes that the contracts include retroactivity 
provisions.\3\ Id. at 7-9.
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    \3\ The Postal Service states that the retroactivity provisions 
were intended to sustain customer relationships and avoid an 
interruption in service given uncertainty about the timing of review 
of the new Global Plus 2 contracts; however, it further notes that 
based on the Commission's decision and guidance in Order No. 85 
(which was issued after the Global Plus 2 contracts were executed), 
it no longer intends to present future contracts to the Commission 
with retroactivity provisions. Instead, it will avail itself of the 
procedure for expedited consideration of requests for temporary 
relief when warranted. Request at 9.
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    Related contracts. The Postal Service contemporaneously filed 
contracts related to the proposed new product listing pursuant to 39 
U.S.C. 3632(b)(3) and 39 CFR 3015.5. It maintains that both contracts, 
by virtue of their terms, fit within the proposed MCS language. It asks 
that the contracts be added as one product to the competitive product 
list for prices not of general applicability. Id. at 1. It further 
notes that both contracts are set to expire July 1, 2009. Id. at 2.

II. Notice of Filings

    The Commission establishes Docket Nos. MC2008-7, CP2008-16 and 
CP2008-17 for consideration of the Request pertaining to Global Plus 2 
and the two related contracts. In keeping with recent practice, these 
dockets are addressed on a consolidated basis for purposes of this 
Order; however, future filings should be made in the specific docket in 
which issues being addressed pertain. Interested persons may submit 
comments on whether the Postal Service's filings in the captioned 
dockets are consistent with the policies of 39 U.S.C. 3632, 3633, or 
3642. Comments are due no later than August 27, 2008. The public 
portions of these filings can be accessed via the Commission's Web site 
(www.prc.gov).
    The Commission appoints Paul L. Harrington to serve as Public 
Representative in the captioned filings.
    It is Ordered:
    1. The Commission establishes Docket Nos. MC2008-7, CP2008-16 and 
CP2008-17 for consideration of the matters raised in each docket.
    2. The Commission, pursuant to 39 U.S.C. 505, appoints Paul L. 
Harrington to serve as officer of the Commission (Public 
Representative) to represent the interests of the general public in 
these proceedings.
    3. Comments by interested persons on issues in these proceedings 
are due no later than August 27, 2008.
    4. The Secretary shall arrange for publication of this Order in the 
Federal Register.

    By the Commission.
    Issued August 13, 2008.
Judith M. Grady,
Acting Secretary.
 [FR Doc. E8-19439 Filed 8-21-08; 8:45 am]
BILLING CODE 7710-FW-P