[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Notices]
[Page 33481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16632]


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POSTAL REGULATORY COMMISSION

[Docket Nos. MC2009-31 and CP2009-42; Order No. 239]


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 6 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 July 15, 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 July 2, 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 6 to the Competitive Product List.\1\ On July 6, 
2009, the Postal Service filed a revised version of its filing which 
includes attachments inadvertently omitted from the July 2, 2009 
request.\2\ The Postal Service asserts that the Express Mail & Priority 
Mail Contract 6 product is a competitive product ``not of general 
applicability'' within the meaning of 39 U.S.C. 3632(b)(3). Id. at 1. 
The Request has been assigned Docket No. MC2009-31.
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    \1\ Request of the United States Postal Service to Add Express 
Mail & Priority Mail Contract 6 to Competitive Product List and 
Notice of Establishment of Rates and Class Not of General 
Applicability, July 2, 2009.
    \2\ Errata to Request of the United States Postal Service to Add 
Express Mail & Priority Mail Contract 6 to Competitive Product List 
and Notice of Establishment of Rates and Class Not of General 
Applicability, July 6, 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. Id. at 2. The contract has been assigned Docket No. CP2009-42.
    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 to 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).\3\ Substantively, the Request seeks to add Express Mail 
& Priority Mail Contract 6 to the Competitive Product List. Request at 
1-2.
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    \3\ 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-
9). The Governors' Decision includes an attachment which provides an 
analysis of the proposed Express Mail and Priority Mail Contract 6 
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, Mary Prince Anderson, 
Manager, Sales 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. 
Anderson 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 6 is included with the Request. The contract has 
an initial term of 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 6, 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. MC2009-31 and CP2009-42 for 
consideration of the Request pertaining to the proposed Express Mail & 
Priority Mail Contract 6 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 part 3020 subpart B. Comments are due no later than July 15, 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. MC2009-31 and CP2009-42 
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 July 15, 2009.
    1. The Secretary shall arrange for publication of this Order in the 
Federal Register.

    Dated: July 7, 2009.

    By the Commission.
Judith M. Grady,
Acting Secretary.
[FR Doc. E9-16632 Filed 7-10-09; 8:45 am]
BILLING CODE 7710-FW-P