[Federal Register Volume 74, Number 161 (Friday, August 21, 2009)]
[Notices]
[Pages 42338-42339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20143]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2009-60; Order No. 280]


Global Expedited Package Services Contract

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recently-filed Postal Service 
request to add a Global Expedited Package Services 1 (GEPS 1) contract 
to the Competitive Product List. This notice addresses procedural steps 
associated with this filing.

DATES: Comments are due August 25, 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
II. Notice of Filing
III. Ordering Paragraphs

I. Introduction

    On August 13, 2009, the Postal Service filed a notice announcing 
that it has entered into an additional Global Expedited Package 
Services 1 (GEPS 1) contract.\1\ GEPS 1 provides volume-based 
incentives for mailers that send large volumes of Express Mail 
International (EMI) and/or Priority Mail International (PMI). The 
Postal Service believes the instant contract is functionally equivalent 
to previously submitted GEPS 1 contracts and is supported by the 
Governors' Decision filed in Docket No. CP2008-4.\2\ Notice at 1. It 
further notes that in Order No. 86, which established GEPS 1 as a 
product, the Commission 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 functionally equivalent to previously 
submitted GEPS 1 contracts.\3\ Notice at 1-2.
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    \1\ Notice of United States Postal Service Filing of 
Functionally Equivalent Global Expedited Package Services 1 
Negotiated Service Agreement and Application for Non-Public 
Treatment of Materials Filed Under Seal, August 13, 2009 (Notice).
    \2\ See Docket No. CP2008-4, Notice of United States Postal 
Service of Governors' Decision Establishing Prices and 
Classifications for Global Expedited Package Services Contracts, May 
20, 2008.
    \3\ See Docket No. CP2008-5, Order Concerning Global Expedited 
Package Services Contracts, June 27, 2008, at 7 (Order No. 86).
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    The instant contract. The Postal Service filed the instant contract 
pursuant to 39 CFR 3015.5. In addition, the Postal Service contends 
that the contract is in accordance with Order No. 86. The term of the 
instant contract is 1 year from the date the Postal Service notifies 
the customer that all necessary regulatory approvals have been 
received.
    In support of its Notice, the Postal Service filed four attachments 
as follows:
    1. Attachment 1--An application for non-public treatment of 
materials to maintain the contract and supporting documents under seal;
    2. Attachment 2--A redacted copy of Governors' Decision No. 08-7 
which establishes prices and classifications for GEPS contracts;
    3. Attachment 3--A redacted copy of the contract; and
    4. Attachment 4--A certified statement required by 39 CFR 
3015.5(c)(2).
    Functional equivalency. The Postal Service asserts that the instant 
contract is functionally equivalent to prior GEPS 1 contracts. It 
contends that the instant contract satisfies the pricing formula and 
classification system established in Governors' Decision No. 08-7 and, 
except for tender locations, is the same as the contract in Docket No. 
CP2009-50.\4\ Id. at 3. The Postal Service incorporates by reference 
the arguments made for functional equivalence in Docket No. CP2009-50 
with previous GEPS 1 contracts. Id. It contends that the instant 
contract and all GEPS 1 contracts have similar cost and market 
characteristics. Id. The Postal Service also requests that the contract 
in Docket No. CP2009-50 be considered the baseline for determining 
functional equivalence with GEPS 1 contracts. Id. at 4.
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    \4\ See Docket No. CP2009-50, Order Concerning Filing of 
Additional Global Expedited Package Services 1 Negotiated Service 
Agreement, July 29, 2009 (Order No. 262).
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    The Postal Service concludes that this contract is in compliance 
with 39 U.S.C. 3633, and requests that this contract be included within 
the GEPS 1 product. Id.
    The Postal Service states that the copy of the instant contract 
provided with this filing has not been signed by the mailer but the 
mailer has confirmed that it will sign the contract which will not be 
altered from the form presented to the Commission. The Postal Service 
has submitted the contract in this manner in the interest of having it 
reviewed by the Commission at this time and has committed to file the 
signed version of the contract upon final execution.

II. Notice of Filing

    The Commission establishes Docket No. CP2009-60 for consideration 
of matters related to the contract identified in the Postal Service's 
Notice.
    Interested persons may submit comments on whether the Postal 
Service's contract is consistent with the policies of 39 U.S.C. 3632, 
3622 or 3642. Comments are due no later than August 25, 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 the captioned filing.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. CP2009-60 for 
consideration of the issues raised in this docket.
    2. Comments by interested persons in these proceedings are due no 
later than August 25, 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. The Secretary shall arrange for publication of this order in the 
Federal Register.


[[Page 42339]]


    By the Commission.
Judith M. Grady,
Acting Secretary.
[FR Doc. E9-20143 Filed 8-20-09; 8:45 am]
BILLING CODE 7710-FW-P