[Federal Register Volume 74, Number 250 (Thursday, December 31, 2009)]
[Notices]
[Pages 69367-69368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31034]


=======================================================================
-----------------------------------------------------------------------

POSTAL REGULATORY COMMISSION

[Docket No. CP2009-29; Order No. 368]


Postal Product Price Changes

AGENCY:  Postal Regulatory Commission.

ACTION:  Notice.

-----------------------------------------------------------------------

SUMMARY:  The Commission is noticing a recently-filed Postal Service 
request to change prices for a Global Direct contract. This notice 
provides an opportunity for the public to comment.

DATES:  Comments are due: January 5, 2010.

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: On December 18, 2009, the Postal Service 
filed a notice that prices for the Global Direct contract at issue in 
the above-captioned proceeding will change as contemplated by the 
contract's terms.\1\ The Notice includes three attachments: (1) A 
redacted version of the letter to the customer with the amended prices 
(Attachment 1); (2) a certified statement of compliance with 39 U.S.C. 
3633(a) (Attachment 2); and (3) an application for non-public treatment 
for the material filed under seal (Attachment 3).
---------------------------------------------------------------------------

    \1\ Notice of United States Postal Service of Change in Prices 
in Accordance with Order No. 216, December 18, 2009 (Notice).
---------------------------------------------------------------------------

    In Order No. 216, the Commission concluded that certain costs for 
these types of contracts are based on objective, external factors and 
out of the Postal Service's discretion.\2\ Such objective, external 
factors are, in the case of Global Direct, exchange rate fluctuations 
and changes in the amount Canada Post Corporation charges the Postal 
Service for services. Id. at 7. For rate changes based on these types 
of objective, external factors, the Commission allowed that the Postal 
Service could file the changes on a ``notice-type basis.'' Id.
---------------------------------------------------------------------------

    \2\ PRC Order No. 216, Order Concerning Filing of Additional 
Global Direct Contracts Negotiated Service Agreement, May 15, 2009 
(Order No. 216).
---------------------------------------------------------------------------

    The Postal Service filed the Notice because it plans on changing 
rates for the Global Direct contract at issue in this docket. It is 
unclear, however,

[[Page 69368]]

whether the planned increase is only the result of ``objective, 
external factors'' contemplated by Order No. 216. If the increase is 
based on other terms of the contract that are not ``objective, external 
factors,'' i.e., based on Article 9, paragraph 2, of the contract, then 
it must be subject to the usual requirements of a competitive rate 
change set forth in 39 CFR 3015.5.
    Because the basis for the price change in the Notice is not clear, 
the Commission reopens Docket No. CP2009-29 to review the proposed 
price change and give interested persons the opportunity to comment on 
whether the Postal Service's proposed rate increase is based on 
``objective, external factors.'' If the change is based on such 
factors, Commission review may be unnecessary under the terms of Order 
No. 216. Comments may also address, if appropriate, whether the filings 
in the captioned docket are consistent with the policies of 39 U.S.C. 
3632, 3633, or 3652 and 39 CFR part 3015 and 39 CFR 3020, subpart B. 
Comments are due no later than January 5, 2010.
    The Commission appoints Paul L. Harrington to serve as Public 
Representative in these dockets.
    It is ordered:
    1. The Commission reopens Docket No. CP2009-29 for consideration of 
the issues raised in this order.
    2. Pursuant to 39 U.S.C. 505, Paul L. Harrington is appointed to 
serve as the officer of the Commission (Public Representative) to 
represent the interests of the general public in these proceedings.
    3. Comments by interested persons in this proceeding are due no 
later than January 5, 2010.
    5. The Secretary shall arrange for publication of this Notice in 
the Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. E9-31034 Filed 12-30-09; 8:45 am]
BILLING CODE 7710-FW-S