[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Notices]
[Pages 51341-51342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24002]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2009-66; Order No. 310]


New Postal Product

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Postal Service recently filed a notice with the Commission 
announcing that it has entered into an additional Global Expedited 
Package Services Contract 2 contract. This document provides public 
notice of the Postal Service's filing and announces establishment of a 
formal docket to consider the Postal Service's action. It also invites 
public comment and addresses other procedural matters.

DATES: Comments are due October 7, 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 25, 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 25, 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.\4\ 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).
    \4\ See Docket Nos. CP2008-21 and CP2008-24, United States 
Postal Service Motion for Temporary Relief, September 25, 2009 
(Motion). The Postal Service requests an extension of the expiration 
date for the original contract for this customer-based on 
extenuating circumstances. This motion was filed contemporaneously 
with the filing of this notice.
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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; 
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 the contract in Docket No. 
CP2009-50 and prior GEPS 2 contracts. Id. at 3-4. 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, identity 
of the signatory, and provisions clarifying tender locations, minimum 
revenue and/or volume requirements, and liquidated damages. 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 asserts 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 4. 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.

II. Notice of Filing

    The Commission establishes Docket No. CP2009-66 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 October 7, 2009. The 
public portions of these filings can be accessed via the

[[Page 51342]]

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. CP2009-66 for 
consideration of the issues raised in this docket.
    2. Comments by interested persons in these proceedings are due no 
later than October 7, 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 this proceeding.
    4. The Secretary shall arrange for publication of this Order in the 
Federal Register.

    Dated: September 30, 2009.

    By the Commission.
Judith M. Grady,
Acting Secretary.
[FR Doc. E9-24002 Filed 10-5-09; 8:45 am]
BILLING CODE 7710-FW-P