[Federal Register Volume 74, Number 36 (Wednesday, February 25, 2009)]
[Notices]
[Pages 8589-8590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4055]


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POSTAL REGULATORY COMMISSION

[Docket No. MC2009-16; Order No. 183]


International Priority Mail

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: This document announces the Postal Service's filing of a 
notice to expand the availability of Priority Mail International to 
three additional destination countries. It also discusses related 
considerations, including additional procedural steps, and invites 
public comment.

DATES: Comments are due February 27, 2009.

ADDRESSES: Submit comments electronically via the Commission's

[[Page 8590]]

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: On February 13, 2009, the Postal Service 
filed a notice of classification change which affects the availability 
of Priority Mail International to three destination countries 
(Ascension Island, Falkland Islands, and Democratic People's Republic 
of (North) Korea).\1\ Priority Mail International is a competitive 
product of general applicability.
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    \1\ Notice of the United States Postal Service of Classification 
Change, February 13, 2009; United States Postal Service Notice of 
Errata to Notice of Classification Change, February 18, 2009 
(together referred to as the Notice).
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    The Notice was filed pursuant to 39 CFR 3020.90 and 3020.91 
governing requests initiated by the Postal Service to change the Mail 
Classification Schedule. These rules were established to provide a 
streamlined approach to allow minor corrections, and to keep the Mail 
Classification Schedule up to date for changes that do not rise to the 
level of invoking other statutory requirements or Commission rules. 
Under these rules, review by the Commission is limited. See 39 CFR 
3090.93.
    In this light, the Postal Service's filing could be interpreted as 
a minor revision to the Mail Classification Schedule, which merely 
extends the availability of an existing service at established rates to 
three additional countries. Because no supporting data are provided, it 
could also be inferred that the changes have no cost or revenue impact 
on the underlying product.
    On the other hand, the classification changes could be interpreted 
as establishing new rates for a product to three countries where it 
previously was not offered. This interpretation views the changes as 
more than a simple correction to the Mail Classification Schedule, but 
rather as a change in rates triggering the filing requirements of 39 
CFR 3015.\2\ In this instance, the Commission finds this interpretation 
to be more appropriate.\3\
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    \2\ An analogy can be found in the filing of a shell 
classification for a competitive international negotiated service 
agreement product. Adding an additional specific agreement to the 
shell classification triggers the requirements of 39 CFR part 3015.
    \3\ The cost and revenue impact may turn out to be minimal is 
this instance. However, it would be unwise to establish procedural 
precedent for filings of this nature based on conjecture.
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    Since this is a case of first impression, the Postal Service will 
not be required to re-file its Notice under a ``CP'' designation. 
However, all future competitive product classification changes of this 
nature must be filed as CP dockets pursuant to 39 CFR part 3015.
    With respect to the instant filing, the Postal Service is required 
to provide supplemental information demonstrating that the underlying 
product continues to meet the requirements of 39 U.S.C. 3633. 
Furthermore, the Postal Service shall indicate which of the Priority 
Mail International items (flat rate envelope, flat rate boxes, or 
parcels) will be available in each of the three identified countries. 
This information shall be filed by February 24, 2009.
    The Commission appoints Paul L. Harrington to serve as Public 
Representative in this docket.
    Interested persons may submit comments on whether the Postal 
Service's filing in the captioned docket 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 February 27, 2009.
    It is Ordered:
    1. The Commission establishes Docket No. MC2009-16 to consider the 
Postal Service's Notice concerning expanding the availability of 
Priority Mail International to three additional destination countries.
    2. The Postal Service shall file the supplemental information 
identified in the body of this Order by February 24, 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 these proceedings.
    4. Comments by interested persons in this proceeding are due no 
later than February 27, 2009.
    5. The Secretary shall arrange for publication of this order in the 
Federal Register.

 By the Commission.
Steven W. Williams,
Secretary.
 [FR Doc. E9-4055 Filed 2-24-09; 8:45 am]
BILLING CODE 7710-FW-P