[Federal Register Volume 75, Number 18 (Thursday, January 28, 2010)]
[Notices]
[Pages 4593-4594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1752]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2010-20; Order No. 397]


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 GEPS 2 (CP2009-50) 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: February 1, 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:
I. Introduction
II. Notice of Filing
III. Ordering Paragraphs

I. Introduction

    On January 21, 2010, the Postal Service filed a notice announcing 
that it has entered into an additional Global Expedited Package 
Services 2 (GEPS 2) contract.\1\
    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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    \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, January 21, 2010 (Notice).
    \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\ The term of 
the instant contract is 1 year from the date the Postal Service 
notifies the customer that all necessary regulatory approvals have been 
received.\4\ 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\ The Postal Service states its intent is to begin this 
contract on February 8, 2010, at the expiration of the customer's 
current contract. The contract's terms provide that the Postal 
Service will give notice to the mailer of the effective date within 
30 days of regulatory approval.
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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, applicable 
annexes, and a provision to modify the mailer's tender requirements; 
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 
indicates that the instant contract differs from the contract in Docket 
No. CP2009-50 in two ways, namely, (a) customer specific information, 
e.g., the customer's name, address, representative, signatory and 
provisions clarifying tender locations, minimum revenue and/or volume 
commitment; and (b) revisions intended to be included in all subsequent

[[Page 4594]]

agreements. Id. at 3-4. The latter revisions address, for example, the 
treatment of confidential information, reference updates and the 
availability of pickup service. The Postal Service also notes other 
minor changes which modify or delete certain provisions. Id.
    The Postal Service contends that the instant contract satisfies the 
pricing formula and classification system established in Governors' 
Decision No. 08-7. Id. at 2-3. 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 3. 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. at 6.

II. Notice of Filing

    The Commission establishes Docket No. CP2010-20 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 and 39 CFR part 3015. Comments are due no later than 
February 1, 2010. 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. CP2010-20 for 
consideration of the issues raised in this docket.
    2. Comments by interested persons in these proceedings are due no 
later than February 1, 2010.
    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.
Shoshana M. Grove,
Secretary.
[FR Doc. 2010-1752 Filed 1-27-10; 8:45 am]
BILLING CODE 7710-FW-S