[Federal Register Volume 74, Number 186 (Monday, September 28, 2009)]
[Notices]
[Pages 49408-49409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23445]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2009-64; Order No. 300]


New Postal Product

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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[[Page 49409]]

SUMMARY: The Commission is noticing a recently-filed Postal Service 
request to add Global Expedited Package Services 2 to the Competitive 
Product List. This notice addresses procedural steps associated with 
these filings.

DATES: Comments are due September 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 or [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction
II. Notice of Filing
III. Ordering Paragraphs

I. Introduction

    On September 15, 2009, the Postal Service filed a notice announcing 
that it has entered into an additional Global Expedited Package 
Services 2 (GEPS 2) contract.\1\ GEPS 2 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 the previously submitted GEPS 2 contracts and is supported by the 
Governors'' Decision filed in Docket No. CP2008-4.\2\ Id. at 1.
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    \1\ Notice of United States Postal Service Filing of 
Functionally Equivalent Global Expedited Package Services 2 
Negotiated Service Agreement and Application for Non-Public 
Treatment of Materials Filed Under Seal, September 15, 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.
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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. 290.\3\ The term of 
the instant contract is one year beginning October 1, 2009. Notice at 
2.
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    \3\ See Docket No. CP2009-50, Order Granting Clarification and 
Adding Global Expedited Package Services 2 to the Competitive 
Product List, August 28, 2009 (Order No. 290).
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    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, a 
description of applicable GEPS contracts, formulas for prices, an 
analysis and certification of the formulas and certification of the 
Governors' vote;
    3. Attachment 3--A redacted copy of the contract, applicable 
annexes, and a provision to modify the mailer's tender requirements; 
\4\ and
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    \4\ The Postal Service indicates that it has executed a 
modification provision clarifying the manner and location for the 
mailer's tender of qualifying mail.
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    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 the contract in Docket No. 
CP2009-50 and prior GEPS 2 contracts. Id. at 3-5. The Postal Service 
states that there are two essential changes in the instant contract 
from the contract in Docket No. CP2009-50; customer specific 
information and modifications for clarity that will be included in 
future contracts.\5\ These distinctions include the customer name, 
address, representative to receive notices, identity of the signatory, 
and provisions clarifying tender locations, minimum revenue 
requirements, liquidated damages, confidentiality, and reference 
updates. Id. at 3-4. The Postal Service contends that the instant 
contract satisfies the pricing formula and classification system 
established in Governors' Decision No. 08-7 and, except for the 
customer-specific information and clarifying provisions, it is the same 
as the contract in Docket No. CP2009-50. Id. at 3. It contends that the 
instant contract and all GEPS 2 contracts have similar cost and market 
characteristics and is functionally equivalent in all relevant aspects. 
Id. at 5. 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 2 product. Id.
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    \5\ The Postal Service's Notice it states the clarification 
provisions included in this contract are ``intended to be 
incorporated into all subsequent agreements in exactly the same 
terms.'' Id. at 3. However, the Commission notes that in the 
contract filed in Docket No. CP2009-65, also filed on September 15, 
2009, these clarifying provisions are not included.
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    Other issues. The Postal Service states that it has executed a 
clarifying modification to the contract provisions with the mailer 
regarding tender requirements and a representative sample of the 
modification is filed with the notice. Id. at 3. It also affirms that a 
signed copy is available to the Commission upon request. The Commission 
directs the Postal Service to file an executed copy of the modification 
provision in this docket by September 21, 2009.

II. Notice of Filing

    The Commission establishes Docket No. CP2009-64 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, 
3633, or 3642. Comments are due no later than September 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 this docket.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. CP2009-64 for 
consideration of the issues raised in this docket.
    2. Comments by interested persons in these proceedings are due no 
later than September 25, 2009.
    3. As set forth in this order, the Postal Service shall file an 
executed copy of the modification provision by September 21, 2009.
    4. 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 this proceeding.
    5. The Secretary shall arrange for publication of this order in the 
Federal Register.

    Dated: September 17, 2009.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. E9-23445 Filed 9-25-09; 8:45 am]
BILLING CODE 7710-FW-P