[Federal Register Volume 74, Number 186 (Monday, September 28, 2009)]
[Notices]
[Pages 49409-49410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23446]
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POSTAL REGULATORY COMMISSION
[Docket No. CP2009-65; Order No. 301]
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 a Global Expedited Package Services 2 contract to the
Competitive Product List. This notice addresses procedural steps
associated with this filing.
DATES: Comments are due September 25, 2009.
ADDRESSES: Submit comments electronically via the Commission's
[[Page 49410]]
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 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. Id. at 1.\2\
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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. It also contends that
the instant contract meets the requirements of Governors' Decision No.
08-7 for rates for GEPS contracts. Id. at 3. The Postal Service states
that the basic difference between the contract in Docket No. CP2009-50
and the instant contract is customer-specific information including the
customer's name, address, representative to receive notices and
identity of the signatory. 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. 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.
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. CP2009-65 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 proceeding.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket No. CP2009-65 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.
Issued: September 17, 2009.
By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. E9-23446 Filed 9-25-09; 8:45 am]
BILLING CODE 7710-FW-P