[Federal Register Volume 74, Number 203 (Thursday, October 22, 2009)]
[Notices]
[Page 54600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25477]


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POSTAL REGULATORY COMMISSION

[Docket Nos. MC2010-4 and CP2010-4; Order No. 317]


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 22 to the Competitive Product 
List. The Postal Service has also filed a related contract. This notice 
addresses procedural steps associated with these filings.

DATES: Postal Service response to supplemental information due October 
20, 2009. Comments are due October 26, 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 Filings
III. Supplemental Information
IV. Ordering Paragraphs

I. Introduction

    On October 14, 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 22 to the Competitive Product List.\1\ The Postal Service 
asserts that Priority Mail Contract 22 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. 
MC2010-4.
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    \1\ Request of the United States Postal Service to Add Priority 
Mail Contract 22 to Competitive Product List and Notice of Filing 
(Under Seal) of Contract and Supporting Data, October 14, 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. CP2010-4.
    Request. In support of its Request, the Postal Service filed the 
following materials: (1) A redacted version of the Governors' Decision, 
originally filed in Docket No MC2009-25, authorizing certain Priority 
Mail contracts; \2\ (2) a redacted version of the contract; \3\ (3) a 
requested change in the Competitive 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 non-public 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 22 is included with the Request. The contract will become 
effective on the day that the Commission provides all necessary 
regulatory approvals. It is terminable upon 30 days' notice by a party, 
but could continue for 3 years with annual adjustments. The Postal 
Service represents that the contract is consistent with 39 U.S.C. 
3633(a)(1). See id., Attachment D. The Postal Service will provide the 
shipper with Priority Mail packaging for eligible Priority Mail items 
mailed by the shipper.
    The Postal Service filed much of the supporting materials, 
including the specific Priority Mail Contract 22, 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 10 years. Id., Attachment F at 1 
and 7.

II. Notice of Filings

    The Commission establishes Docket Nos. MC2010-4 and CP2010-4 for 
consideration of the Request pertaining to the proposed Priority Mail 
Contract 22 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 October 26, 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 October 20, 
2009: On page 3 of Attachment F to the Request, the Postal Service 
references redacted financial workpapers. However, no redacted 
workpapers were filed in support of this docket. Please provide these 
workpapers.

IV. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket Nos. MC2010-4 and CP2010-4 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 October 26, 2009.
    4. A response to the supplemental information request is due by 
October 20, 2009.
    5. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. E9-25477 Filed 10-21-09; 8:45 am]
BILLING CODE 7710-FW-P