[Federal Register Volume 74, Number 40 (Tuesday, March 3, 2009)]
[Notices]
[Pages 9316-9317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4414]
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POSTAL REGULATORY COMMISSION
[Docket Nos. MC2009-17 and CP2009-24; Order No. 184]
New Competitive Postal Product
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is noticing a recently-filed Postal Service
request to add Express Mail & Priority Mail Contract Mail 4 to the
Competitive Product List. The Postal Service has also filed a related
contract. This notice addresses procedural steps associated with these
filings.
DATES: Comments are due March 4, 2009.
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 February 20, 2009, the Postal Service filed a formal request
pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add Express
Mail & Priority Mail Contract 4 to the Competitive Product List.\1\ The
Postal Service asserts that the Express Mail & Priority Mail Contract 4
product is a competitive product ``not of general applicability''
within the meaning of 39 U.S.C. 3632(b)(3). Request at 1. The Request
has been assigned Docket No. MC2009-17.
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\1\ Request of the United States Postal Service to Add Express
Mail & Priority Mail Contract 4 to Competitive Product List and
Notice of Establishment of Rates and Class Not of General
Applicability, February 20, 2009 (Request).
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The Postal Service contemporaneously filed a contract related to
the proposed new product pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR
3015.5. The contract has been assigned Docket No. CP2009-24.
Request. The Request incorporates (1) A redacted version of the
Governors' Decision authorizing the new product; (2) a redacted version
of the contract; (3) requested changes in the Mail Classification
Schedule product list; (4) a statement of supporting justification as
required by 39 CFR 3020.32; and (5) certification of compliance with 39
U.S.C. 3633(a).\2\ Substantively, the Request seeks to add Express Mail
& Priority Mail Contract 4 to the Competitive Product List. Request at
1-2.
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\2\ Attachment A to the Request consists of the redacted
Decision of the Governors of the United States Postal Service on
Establishment of Rate and Class Not of General Applicability for
Express Mail and Priority Mail Services (Governors' Decision No. 09-
2). The Governors' Decision includes an attachment which provides an
analysis of the proposed Express Mail and Priority Mail Contract 4
and certification of the Governors' vote. Attachment B is the
redacted version of the contract. Attachment C shows the requested
changes to the Mail Classification Schedule product list. Attachment
D provides a statement of supporting justification for the Request.
Attachment E provides the certification of compliance with 39 U.S.C.
3633(a).
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In the statement of supporting justification, Kim Parks, Manager,
Sales
[[Page 9317]]
and Communications, Expedited Shipping, asserts that the service to be
provided under the contract will cover its attributable costs, make a
positive contribution to institutional costs, and increase contribution
toward the requisite 5.5 percent of the Postal Service's total
institutional costs. Id., Attachment D. Thus, Ms. Parks contends there
will be no issue of subsidization of competitive products by market
dominant products as a result of this contract. Id.
Related contract. A redacted version of the specific Express Mail &
Priority Mail Contract 4 is included with the Request. The contract is
for 3 years and is to be effective 1 day after the Commission provides
all necessary regulatory approvals. The Postal Service represents that
the contract is consistent with 39 U.S.C. 3633(a) and 39 CFR 3015.7(c).
See id., Attachment A and Attachment E. It notes that actual
performance under this contract could vary from estimates, but
concludes that the risks are manageable. Id., Attachment A.
The Postal Service filed much of the supporting materials,
including the Governors' Decision and the specific Express Mail &
Priority Mail Contract 4, under seal. In its Request, the Postal
Service maintains that the contract and related financial information,
including the customer's name and the accompanying analyses that
provide prices, terms, conditions, and financial projections should
remain under seal. Id. at 2-3.
II. Notice of Filings
The Commission establishes Docket Nos. MC2009-17 and CP2009-24 for
consideration of the Request pertaining to the proposed Express Mail &
Priority Mail Contract 4 product and the related contract,
respectively. In keeping with 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 and 39 CFR part 3015 and 39
CFR 3020 subpart B. Comments are due no later than March 4, 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 these dockets.
III. Ordering Paragraphs
It is Ordered:
1. The Commission establishes Docket Nos. MC2009-17 and CP2009-24
for consideration of the matters raised in each docket.
2. 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.
3. Comments by interested persons in these proceedings are due no
later than March 4, 2009.
4. The Secretary shall arrange for publication of this order in the
Federal Register.
By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E9-4414 Filed 3-2-09; 8:45 am]
BILLING CODE 7710-FW-P