[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Pages 69715-69716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28584]


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POSTAL REGULATORY COMMISSION

[Docket Nos. MC2010-28 and CP2011-28 Through 32; Order No. 582]


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 five additional Global Expedited Package Services 3 
(GEPS 3) contracts to the competitive product list. This document 
describes the Postal Service's filing, including its interest in and 
rationale for including the contracts within the existing GEPS 3 
product, and addresses several related procedural matters. These 
include an opportunity for public comment.

DATES: Comment deadline: November 16, 2010.

ADDRESSES: Submit comments electronically using the Commission's Filing 
Online system at http.www.prc.gov. Those who cannot submit comments 
electronically should call the person identified in the FOR FURTHER 
INFORMATION CONTACT section for advice on alternatives.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
at 202-789-6824 or [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    On November 5, 2010, the Postal Service filed a notice announcing 
that it has entered into five additional Global Expedited package 
Services 3 (GEPS 3) contracts.\1\ The Postal Service believes

[[Page 69716]]

the instant contracts are functionally equivalent to previously 
submitted GEPS contracts, and are 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 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 Five 
Functionally Equivalent Global Expedited Package Services 3 
Negotiated Service Agreements and Application For Non-Public 
Treatment of Materials Filed Under Seal, November 5, 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 contracts. The Postal Service filed the instant 
contracts pursuant to 39 CFR 3015.5. In addition, the Postal Service 
contends that each contract is in accordance with Order No. 86. The 
term of each contract is one year from the date the Postal Service 
notifies the customer that all necessary regulatory approvals have been 
received. Notice at 3.
    In support of its Notice, the Postal Service filed four attachments 
as follows:
     Attachments 1A through 1E--redacted copies of the five 
contracts and applicable annexes;
     Attachments 2A through 2E--certified statements required 
by 39 CFR 3015.5(c)(2) for each contract;
     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 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 contracts and supporting 
documents under seal.
    The Notice advances reasons why the instant GEPS 3 contracts fit 
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 contracts 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 contracts' 
functional equivalency. Id. at 3-4. The Postal Service asserts that 
``[b]ecause the agreements incorporate the same cost attributes and 
methodology, the relevant characteristics of these five GEPS contracts 
are 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 each 
of the new GEPS 3 contracts 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 contracts be included within 
the GEPS 3 product. Id. at 5.

II. Notice of Filing

    The Commission establishes Docket Nos. CP2011-28 through CP2011-32 
for consideration of matters related to the contracts identified in the 
Postal Service's Notice.
    These dockets are addressed on a consolidated basis for purposes of 
this order. Filings with respect to a particular contract should be 
filed in that docket.
    Interested persons may submit comments on whether the Postal 
Service's contracts are consistent with the policies of 39 U.S.C. 3632, 
3633, or 3642. Comments are due no later than November 16, 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 proceedings.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket Nos. CP2011-28 through CP2011-
32 for consideration of matters raised by the Postal Service's Notice.
    2. Comments by interested persons in these proceedings are due no 
later than November 16, 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 dockets.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2010-28584 Filed 11-12-10; 8:45 am]
BILLING CODE P