[Federal Register Volume 74, Number 182 (Tuesday, September 22, 2009)]
[Notices]
[Pages 48323-48324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22692]
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POSTAL REGULATORY COMMISSION
[Docket Nos. MC2009-42 and CP2009-63; Order No. 298]
New 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 Priority Mail Contract 18 to the Competitive Product
List. The Postal Service has also filed a related contract. This notice
addresses procedural steps associated with these filings.
DATES: Responses to the supplemental information request are due
September 21, 2009; comments are due September 23, 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,
at 202-789-6829 or [email protected].
Regulatory History: 74 FR 31374.
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Notice of Filings
III. Supplemental Information
IV. Ordering Paragraphs
I. Introduction
On September 11, 2009, the Postal Service filed a formal request
pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add Priority
Mail Contract 18 to the Competitive Product List.\1\ The Postal Service
asserts that Priority Mail Contract 18 is a competitive product ``not
of general applicability'' within the meaning of 39 U.S.C. 3632(b)(3).
The Postal Service states that prices and classification underlying
this contract are supported by Governors' Decision No. 09-6 in Docket
No. MC2009-25. Id. at 1. The Request has been assigned Docket No.
MC2009-42.
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\1\ Request of the United States Postal Service to Add Priority
Mail Contract 18 to Competitive Product List, September 11, 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. CP2009-63.
Request. In support of its Request, the Postal Service filed the
following materials: (1) A redacted version of the Governors' Decision,
filed in Docket No MC2009-25, authorizing the Priority Mail Contract
Group;\2\ (2) a redacted version of the contract;\3\ (3) a requested
change in the Mail Classification Schedule product list;\4\ (4) a
Statement of Supporting Justification as required by 39 CFR 3020.32;\5\
(5) a certification of compliance with 39 U.S.C. 3633(a);\6\ and (6) an
application for nonpublic treatment of the materials filed under
seal.\7\
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\2\ Attachment A to the Request, reflecting Governors' Decision
No. 09-6, April 27, 2009.
\3\ Attachment B to the Request.
\4\ Attachment C to the Request.
\5\ Attachment D to the Request.
\6\ Attachment E to the Request.
\7\ Attachment F to the Request.
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In the Statement of Supporting Justification, Mary Prince Anderson,
Acting 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 Priority Mail
Contract 18 is included with the Request. The new contract purports to
supersede in part a prior contract for Express Mail and Priority Mail
solely with respect to Priority Mail. Attachment B at 1. The Postal
Service will provide the shipper with new customized pricing for
eligible Priority Mail items shipped by the shipper, as well as
Priority Mail packaging. The shipper will manifest pieces eligible for
customized pricing, using a separate permit number to ship such pieces,
and will use the Electronic Verification System (eVS) for shipments of
such pieces. Id. Annual price adjustments will be applied to the
shipper's eligible mailpieces.
The new agreement will become effective on the day that the
Commission provides all necessary regulatory approvals. Id. at 3. It is
terminable upon 30 days' notice by either party, but could continue
until March 11, 2012 without modification,
[[Page 48324]]
except as to price adjustments. See id. The Postal Service represents
that the new contract is consistent with 39 U.S.C. 3633(a). See id.,
Attachment E.
The existing contract's terms and conditions for Express Mail
remain in effect.
The Postal Service filed much of the supporting materials,
including the specific Priority Mail Contract 18, 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, cost
data, and financial projections should remain under seal. Id. at 2. It
also requests that the Commission order that the duration of such
treatment of all customer identifying information be extended
indefinitely, instead of ending after ten years. Id., Attachment F, at
1 and 7.
II. Notice of Filing
The Commission establishes Docket Nos. MC2009-42 and CP2009-63 for
consideration of the Request pertaining to the proposed Priority Mail
Contract 18 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 September 23, 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. Supplemental Information
The Commission requests the Postal Service to provide the following
supplemental information regarding the new agreement by September 21,
2009:
1. Please explain if the spreadsheets filed on February 20, 2009
need to be revised to reflect the modifications in the current
spreadsheets, and clarify whether all volumes, weight, and cubic feet
figures are actual shipper's data.
2. Please verify that the existing contract, as revised, still
complies with 39 U.S.C. 3633(a).
IV. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket Nos. MC2009-42 and CP2009-63
for consideration of the matter 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 September 23, 2009.
4. Responses to the supplemental information request are due by
September 21, 2009.
5. The Secretary shall arrange for publication of this order in the
Federal Register.
Issued September 15, 2009.
By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. E9-22692 Filed 9-21-09; 8:45 am]
BILLING CODE 7710-FW-P