[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Notices]
[Pages 56868-56869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22980]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2008-25; Order No. 110]


Global Expedited Package Service Contracts

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recently-filed Postal Service 
Global Expedited Package Service negotiated service agreement. This 
action is consistent with changes in a recent law governing postal 
operations.

DATES: Comments are due October 2, 2008.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov.

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

SUPPLEMENTARY INFORMATION:

I. Introduction

    On September 22, 2008, the Postal Service filed a notice, which has 
been assigned to Docket No. CP2008-25.\1\ This Notice announces an 
individual negotiated service agreement, namely, a specific Global 
Expedited Package Service (GEPS) contract the Postal Service has 
entered into with an individual mailer. The Postal Service believes 
that it is functionally equivalent to the Global Expedited Package 
Services 1 (GEPS 1) product established in Docket No. CP2008-5.
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    \1\ Notice of United States Postal Service Filing of 
Functionally Equivalent Global Expedited Package Services 1 
Negotiated Service Agreement, September 22, 2008 (Notice).
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    Docket No. CP2008-5. The Governor's Decision supporting the GEPS 1 
product was filed in consolidated Docket No. CP2008-5.\2\ In Order No. 
86, the Commission established GEPS 1 as a product and held that 
additional contracts may be included as part of the GEPS 1 product if 
they meet the requirements of 39 U.S.C. 3633, and if they are 
substantially equivalent to the initial GEPS 1 contract filed in Docket 
No. CP2008-5.\3\ The GEPS 1 product provides volume-based incentives 
for mailers that send large volumes of Express Mail International (EMI) 
and/or Priority Mail International (PMI).
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    \2\ Docket No. CP2008-5, United States Postal Service Notice of 
Filing Redacted Copy of Governors' Decision No. 08-7, July 23, 2008.
    \3\ Docket No. CP2008-5, Order Concerning Global Expedited 
Package Services Contracts, June 27, 2008 at 7 (Order No. 86) (``The 
Commission will verify whether or not any subsequent contract is in 
fact substantially equivalent. Contracts not having substantially 
the same terms and conditions as the GEPS 1 contract must be filed 
under 39 CFR part 3020, subpart B.'').
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    Related contract. The Postal Service filed the proposed contract in 
this docket pursuant to 39 CFR 3015.5, asserting that it is in accord 
with Order No. 86 and is substantially equivalent to the initial GEPS 1 
contract filed with the Commission. Id. In support of its filing, the 
Postal Service also provides the contract and certain supporting 
material under seal. The Notice contains the Postal Service's arguments 
that this contract is substantially equivalent and that it exhibits 
similar cost and market characteristics. Notice at 3-5. The Postal 
Service also maintains that the contract, by virtue of its terms, fits 
within the proposed Mail Classification Schedule language for GEPS 1. 
Id. at 2.
    While maintaining that the contract is substantially equivalent to 
the initial GEPS 1 contract, the Postal Service

[[Page 56869]]

notes that the contract may differ in minor respects; for example, 
prices may vary due to volume commitments, signing dates of the 
agreements, existence of previous agreements, and other case specific 
and negotiation related factors. Id. at 4-5. The Postal Service 
maintains, however, that ``[i]ncidental differences to accommodate the 
respective mailer[] do nothing to detract from the conclusion that 
the[] agreement[] [is] `functionally equivalent in all pertinent 
respects.' '' Id. at 5.
    The Postal Service asks that the contract be added to the existing 
GEPS 1 product. Id. at 2 and 5. It further notes that the contract is 
``set to expire one year after the Postal Service notifies the customer 
that all necessary approvals and reviews of the agreement have been 
obtained, culminating with a favorable conclusion on review by the 
Commission.'' Id. at 2.

II. Notice of Filings

    The Commission establishes Docket No. CP2008-25 for review of this 
contract. The public portions of these filings can be accessed via the 
Commission's Web site (http://www.prc.gov).
    Interested persons may express views and offer comments on whether 
the planned changes are consistent with the policies of 39 U.S.C. 3632, 
3633, or 3642. Comments are due no later than October 2, 2008.
    The Commission appoints Paul L. Harrington to serve as Public 
Representative in this docket.

III. Ordering Paragraphs

    It is Ordered:
    1. The Commission establishes Docket No. CP2008-25 for 
consideration of the matters raised in this docket.
    2. Comments on issues in these proceedings are due no later than 
October 2, 2008.
    3. The Commission appoints Paul L. Harrington as Public 
Representative to represent the interests of the general public in this 
proceeding.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register .

    By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E8-22980 Filed 9-29-08; 8:45 am]
BILLING CODE 7710-FW-P