[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Pages 72846-72847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29770]


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

POSTAL REGULATORY COMMISSION

[Docket Nos. MC2011-6 and CP2011-33; Order No. 592]


New Postal Product

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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

SUMMARY: The Commission is noticing a recently-filed Postal Service 
request to add Parcel Return Service Contract 2 to the competitive 
product list. This notice addresses procedural steps associated with 
this filing.

DATES: Comments are due: November 30, 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, 
[email protected] or 202-789-6820.

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    Pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal 
Service filed a formal request and associated supporting information to 
add Parcel Return Service Contract 2 to the competitive product 
list.\1\ The Postal Service asserts that Parcel Return Service Contract 
2 is a competitive product ``not of general applicability'' within the 
meaning of 39 U.S.C. 3632(b)(3). Id. at 1. The Postal Service states 
that prices and classifications underlying this contract are supported 
by Governors' Decision No. 10-5. Id. The Request has been assigned 
Docket No. MC2011-6.
---------------------------------------------------------------------------

    \1\ Request of the United States Postal Service to Add Parcel 
Return Service Contract 2 to the Competitive Product List and Notice 
of Filing (Under Seal) of Contract and Supporting Data, November 17, 
2010 (Request).
---------------------------------------------------------------------------

    The Postal Service contemporaneously filed a contract related to 
the proposed new product pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 
3015.5. The Postal Service states that the instant contract is the 
successor contract for the Parcel Return Service Contract 1 product in 
Docket Nos. MC2009-1 and CP2009-2.\2\ The contract has been assigned 
Docket No. CP2011-33.
---------------------------------------------------------------------------

    \2\ The contract for Parcel Return Service Contract 1 originally 
was set to expire on November 7, 2010. In Order No. 576, the 
Commission granted the Postal Service's Motion for Temporary Relief 
allowing the contract to remain in effect until November 30, 2010, 
based on the expectation that the Postal Service would file the 
successor contract by November 5, 2010. See Docket Nos. MC2009-1 and 
CP2009-1, Motion of the United States Postal Service for Temporary 
Relief, November 3, 2010, at 2, n.1. By this Order, the Commission 
extends the effective date until December 31, 2010.
---------------------------------------------------------------------------

    Request. In support of its Request, the Postal Service filed six 
attachments as follows:
     Attachment A--a redacted copy of Governors' Decision No. 
10-5, authorizing Parcel Return Service;
     Attachment B--a redacted copy of the contract;
     Attachment C--a proposed change in the Mail Classification 
Schedule competitive product list;
     Attachment D--a Statement of Supporting Justification as 
required by 39 CFR 3020.32;
     Attachment E--a certification of compliance with 39 U.S.C. 
3633(a); and
     Attachment F--an application for non-public treatment of 
materials to maintain redacted portions of the contract and supporting 
documents under seal.
    In the Statement of Supporting Justification, Daniel J. Barrett, 
Manager, Return Solutions, Shipping Services, asserts that the service 
to be provided under the contract will cover its attributable costs, 
make a positive contribution to institutional costs, and increase 
contribution toward the requisite 5.5 percent of the Postal Service's 
total institutional costs. Request, Attachment D. Thus, Mr. Barrett 
contends there will be no issue of subsidization of competitive 
products by market dominant products as a result of this contract. Id.
    A redacted version of the specific Parcel Return Service Contract 2 
is

[[Page 72847]]

included with the Request. The contract will become effective the day 
that the Commission provides all necessary regulatory approvals. It is 
terminable upon 30 days' notice by either party, but could continue for 
3 years.\3\ The Postal Service represents that the contract is 
consistent with 39 U.S.C. 3633 (a). Id., Attachment D.
---------------------------------------------------------------------------

    \3\ The instant contract provides that its term is 2 years from 
the effective date unless terminated, renewed or extended by both 
parties in writing. Id., Attachment B, at 5. Governors' Decision No. 
10-5 provides that the contract is for 2 years with an option for an 
additional year if certain conditions are met. Id., Attachment A, at 
1.
---------------------------------------------------------------------------

    The Postal Service maintains that the contract and related 
financial information, including the customer's name and the 
accompanying analyses that provide prices, terms, conditions, cost 
data, and financial projections should remain under seal. Id., 
Attachment F. It also requests that the Commission order that the 
duration of such treatment of all customer-identifying information be 
extended indefinitely, instead of ending after 10 years. Id., ]] 1 and 
7.

II. Notice of Filing

    The Commission establishes Docket Nos. MC2011-6 and CP2011-33 for 
consideration of the Request pertaining to the proposed Parcel Return 
Service Contract 2 product and the related contract, respectively.
    Interested persons may submit comments on whether the Postal 
Service's filings in the captioned dockets are consistent with the 
policies of 39 U.S.C. 3632, 3633, or 3642 and 39 CFR part 3015 and 39 
CFR part 3020, subpart B. Comments are due no later than November 30, 
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 these dockets.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket Nos. MC2011-6 and CP2011-33 
for consideration of the matters raised in each docket.
    2. 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 these proceedings.
    3. Comments by interested persons in these proceedings are due no 
later than November 30, 2010.
    4. The current contract filed in Docket Nos. MC2009-1 and CP2009-2 
for Parcel Return Service Contract 1 is authorized to continue in 
effect through December 31, 2010.
    5. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2010-29770 Filed 11-24-10; 8:45 am]
BILLING CODE P