[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Notices]
[Pages 59015-59016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27377]


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POSTAL REGULATORY COMMISSION

[Docket Nos. MC2010-9 and CP2010-9; Order No. 336]


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

DATES: 1. Supplemental information from the Postal Service is due: 
November 13, 2009. 2. Comments are due: November 17, 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. Supplemental Information
IV. 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 Priority Mail Contract 23 to the Competitive

[[Page 59016]]

Product List.\1\ The Postal Service asserts that Priority Mail Contract 
23 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. 09-06 in Docket No. MC2009-25. Id. at 1. The Request has 
been assigned Docket No. MC2010-9.
    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. CP2010-9.
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    \1\ Request of the United States Postal Service to Add Priority 
Mail Contract 23 to Competitive Product List and Notice of Filing 
(Under Seal) of Contract and Supporting Data, November 5, 2009 
(Request).
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    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. MC2010-25, 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. 09-06, 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, 
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 23 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 either 
party, but could continue for up to 1 year. The Postal Service 
represents that the contract is consistent with 39 U.S.C. 3633(a). See 
id., Attachment D. The Postal Service will provide Priority Mail 
packaging for items mailed by the shipper.
    The Postal Service filed much of the supporting materials, 
including the specific Priority Mail Contract 23, 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. MC2010-9 and CP2010-9 for 
consideration of the Request pertaining to the proposed Priority Mail 
Contract 23 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 17, 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 Request does not indicate whether the instant contract is 
intended to replace an existing contract. The Postal Service should 
clarify the Request, identifying, if appropriate, the contract being 
terminated. Clarification is due no later than November 13, 2009.

IV. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket Nos. MC2010-9 and CP2010-9 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. Clarification of the Request is due no later than November 13, 
2009.
    4. Comments by interested persons in these proceedings are due no 
later than November 17, 2009.
    5. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Judith M. Grady,
Acting Secretary.
[FR Doc. E9-27377 Filed 11-13-09; 8:45 am]
BILLING CODE 7710-FW-S