[Federal Register Volume 74, Number 223 (Friday, November 20, 2009)]
[Notices]
[Pages 60301-60302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27936]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2010-10; Order No. 341]


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. The Postal Service has also filed a related 
contract. This notice addresses procedural steps associated with these 
filings.

DATES:  Comments are due: November 23, 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].

[[Page 60302]]


SUPPLEMENTARY INFORMATION:

I. Introduction
II. Notice of Filing
III. Ordering Paragraphs

I. Introduction

    On November 12, 2009, the Postal Service filed a notice announcing 
that it has entered into an additional Global Expedited Package 
Services 2 (GEPS 2) contract.\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, November 12, 2009 (Notice).
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    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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    \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\ In Order No. 
328, the Commission approved an extension of the current contract with 
this customer in order for the Postal Service to complete its internal 
procedures and file the instant contract for regulatory review.\4\ The 
term of the instant contract is 1 year from the completion of the 
regulatory review. Notice at 2-3.
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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 No. CP2008-23, Order Granting Motion for 
Temporary Relief, October 29, 2009 (Order No. 328).
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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 and applicable 
annexes; 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. 
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. CP2010-10 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 November 23, 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. CP2010-10 for 
consideration of the issues raised in this docket.
    2. Comments by interested persons in these proceedings are due no 
later than November 23, 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.

    By the Commission.
Judith M. Grady,
Acting Secretary.
[FR Doc. E9-27936 Filed 11-19-09; 8:45 am]
BILLING CODE 7710-FW-S