[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Notices]
[Page 65386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26723]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2011-19; Order No. 562]


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 another Global Expedited Package Services 3 (MC2010-28) 
contract to the competitive product list. This notice addresses 
procedural steps associated with this filing.

DATES: Comments are due: October 25, 2010.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http:ww.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, 
at [email protected] or 202-789-6824.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    On October 14, 2010, the Postal Service filed a notice announcing 
that it has entered into an additional Global Expedited Package 
Services 3 (GEPS 3) contract.\1\ The Postal Service believes the 
instant contract is functionally equivalent to previously submitted 
GEPS 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 3. The Notice 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 1-2. In Order No. 
290, the Commission approved the GEPS 2 product.\2\ In Order No. 503, 
the Commission approved the GEPS 3 product. Additionally, the Postal 
Service requested to have the contract in Docket No. CP2010-71 serve as 
the baseline contract for future functional equivalence analyses of the 
GEPS 3 product.
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    \1\ Notice of United States Postal Service of Filing a 
Functionally Equivalent Global Expedited Package Services 3 
Negotiated Service Agreement and Application for Non-Public 
Treatment of Materials Filed Under Seal, October 14, 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 instant contract is in accordance with Order No. 86. The 
Postal Service states the instant contract is the immediate successor 
to the contract in Docket No. CP2010-10 that is scheduled to expire 
November 30, 2010. It explains that the mailer has already met the 
minimum commitment under its current contract and upon regulatory 
approval of the instant contract, the current contract will be 
terminated and an effective date for the new contract will be 
confirmed. Notice at 3. The term of the instant contract is one year 
from the date the Postal Service notifies the customer that all 
necessary regulatory approvals have been received. Id. at 3.
    In support of its Notice, the Postal Service filed four attachments 
as follows:
     Attachment 1--a redacted copy of the contract and 
applicable annexes;
     Attachment 2--a certified statement required by 39 CFR 
3015.5(c)(2);
     Attachment 3--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; and
     Attachment 4--an application for non-public treatment of 
materials to maintain redacted portions of the contract and supporting 
documents under seal.
    The Notice advances reasons why the instant GEPS 3 contract fits 
within the Mail Classification Schedule language for the GEPS 3 
product. The Postal Service identifies customer-specific information 
and general contract terms that distinguish the instant contract from 
the baseline GEPS 3 agreement. Id. at 4-5. It states that the 
differences, which include price variations based on updated costing 
information and volume commitments, do not alter the contract's 
functional equivalency. Id. at 3-4. The Postal Service asserts that 
``[b]ecause the agreement incorporates the same cost attributes and 
methodology, the relevant characteristics of this GEPS contract is 
similar, if not the same, as the relevant characteristics of previously 
filed contracts.'' Id. at 4.
    The Postal Service concludes that its filings demonstrate that this 
new GEPS 3 contract complies with the requirements of 39 U.S.C. 3633 
and is functionally equivalent to the baseline GEPS 3 contract. 
Therefore, it requests that the instant contract be included within the 
GEPS 3 product. Id. at 5.

II. Notice of Filing

    The Commission establishes Docket No. CP2011-19 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 October 25, 2010. The 
public portions of these filings can be accessed via the Commission's 
Web site (http://www.prc.gov).
    The Commission appoints Natalie Rea to serve as Public 
Representative in the captioned proceedings.

III. Ordering Paragraphs

    1. The Commission establishes Docket No. CP2011-19 for 
consideration of matters related to the contract identified in the 
Postal Service's Notice.
    2. Comments by interested persons in this proceeding are due no 
later than October 25, 2010.
    3. Pursuant to 39 U.S.C. 505, Natalie Rea 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. 2010-26723 Filed 10-21-10; 8:45 am]
BILLING CODE 7710-FW-P