[Federal Register Volume 75, Number 38 (Friday, February 26, 2010)]
[Notices]
[Page 9005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3906]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2010-25; Order No. 411]


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 (GEPS 2) contract 
to the Competitive Product List. This notice addresses procedural steps 
associated with this filing.

DATES:  Comments are due: March 2, 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: Regulatory History, 74 FR 49823 (Sept. 29, 
2009).

Table of Contents

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

I. Introduction

    On February 19, 2010, the Postal Service filed a notice announcing 
that it has entered into an additional Global Expedited Package 
Services 2 (GEPS 2) contract.\[1]\ The Postal Service believes the 
instant contract is functionally equivalent to previously submitted 
GEPS 2 contracts, and is supported by Governors' Decision No. 08-7, 
attached to the Notice and originally filed in Docket No. CP2008-4. Id. 
at 1, Attachment 2. The Notice also explains that Order No. 86, which 
established GEPS 1 as a product, also authorized functionally 
equivalent agreements to be included within the product, provided that 
they meet the requirements of 39 U.S.C. 3633. Id. at 1. In Order No. 
290, the Commission approved the GEPS 2 product.\[2]\
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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, February 19, 2010 (Notice).
    \[2]\ 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).
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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. 86. The Postal 
Service submitted the contract and supporting materials under seal 
along with an application for non-public treatment as Attachment 1, and 
attached a redacted copy of the contract and a certified statement 
required by 39 CFR 3015.5(c)(2) to the Notice as Attachments 3 and 4, 
respectively. Id. at 1-2. The term of the contract is one year from the 
date the Postal Service notifies the customer that all necessary 
regulatory approvals have been received.
    The Notice advances reasons why the instant GEPS 2 contract fits 
within the Mail Classification Schedule language for GEPS 2. The Postal 
Service contends that the instant contract is functionally equivalent 
to the GEPS 2 contracts filed previously, despite minor differences in 
both the general language and for customer-specific information, all of 
which are highlighted in the Notice. Id. at 3-7.
    The Postal Service contends that several factors demonstrate the 
contract's functional equivalence with previous GEPS 2 contracts, 
including the general terms of the contract, the market to which it is 
being offered, and its cost characteristics. Id. at 3. The Postal 
Service concludes that because ``the GEPS agreements incorporate the 
same cost attributes and methodology, the relevant cost and market 
characteristics are similar, if not the same ...'' despite any 
incidental differences. Id. at 6.
    The Postal Service contends that its filings demonstrate that this 
new GEPS 2 contract is established in compliance with the requirements 
of 39 U.S.C. 3633, is functionally equivalent to previous GEPS 2 
contracts, and requests that this contract be included within the GEPS 
2 product. Id. at 7.

II. Notice of Filing

    The Commission establishes Docket No. CP2010-25 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, 
3622 or 3642. Comments are due no later than March 2, 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 the captioned filings.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. CP2010-25 for 
consideration of matters raised by the Postal Service's Notice.
    2. Comments by interested persons in these proceedings are due no 
later than March 2, 2010.
    3. 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.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2010-3906 Filed 2-25-10; 8:45 am]
BILLING CODE 7710-FW-S