[Federal Register Volume 74, Number 214 (Friday, November 6, 2009)]
[Notices]
[Pages 57536-57537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26806]


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POSTAL REGULATORY COMMISSION

[Docket Nos. MC2010-5 and CP2010-5; Order No. 329]


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 Express Mail Contract 5 to the Competitive Product List. 
The Postal Service has also filed a related contract. This notice 
addresses procedural steps associated with these filings.

DATES: Comments are due November 9, 2009.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov. Commenters who cannot submit their 
views electronically should contact the person identified in FOR 
FURTHER INFORMATION CONTACT by telephone for advice on alternatives to 
electronic filing.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
202-789-6820 or [email protected].

SUPPLEMENTARY INFORMATION: 
I. Introduction
II. Notice of Filings
III. Ordering Paragraphs

I. Introduction

    Pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal 
Service filed a formal request and associated supporting information to 
add Express Mail Contract 5 to the Competitive Product List.\1\ The 
Postal Service asserts that Express Mail Contract 5 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. 09-14. Id. at 1. The Request has been assigned Docket No. 
MC2010-5.
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    \1\ Notice of Establishment of Rates and Class Not of General 
Applicability, Request of the United States Postal Service to Add 
Express Mail Contract 5 to Competitive Product List and Notice of 
Filing (Under Seal) of Unredacted Governors' Decision, Contract and 
Supporting Data, October 28, 2009 (Request). On October 29, 2009, 
the Postal Service filed errata to its Request. See Notice of the 
United States Postal Service of Filing Errata to Request and Notice, 
October 29, 2009. Accordingly, the filing of the entire set of 
documents related to this Request was not completed until October 
29, 2009.
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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. CP2010-5.
    Request. In support of its Request, the Postal Service filed the 
following materials: (1) A redacted version of the Governors' Decision 
authorizing certain Express 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. 09-14, October 26, 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 Express Mail 
Contract 5 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 Express Mail packaging for eligible Express Mail items 
mailed by the shipper.
    The Postal Service filed much of the supporting materials, 
including the specific Express Mail Contract 5, 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. MC2010-5 and CP2010-5 for 
consideration of the Request pertaining to the proposed Express Mail 
Contract 5 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 November 9, 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. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket Nos. MC2010-5 and CP2010-5 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

[[Page 57537]]

interests of the general public in these proceedings.
    3. Comments by interested persons in these proceedings are due no 
later than November 9, 2009.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. E9-26806 Filed 11-5-09; 8:45 am]
BILLING CODE 7710-FW-P