[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Notices]
[Pages 53983-53984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22131]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2011-69; Order No. 822]


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 enter into an additional agreement (referred to as Norway 
Post Agreement) under the ``Inbound Competitive Multi-Service 
Agreements with Foreign Postal Operators 1'' product offering. This 
document invites public comments on the request and addresses several 
related procedural steps.

DATES: Comments are due: August 31, 2011.

ADDRESSES: Submit comments electronically by accessing the ``Filing 
Online'' link in the banner at the top of the Commission's Web site 
(http://www.prc.gov) or by directly accessing the Commission's Filing 
Online system

[[Page 53984]]

at https://www.prc.gov/prc-pages/filing-online/login.aspx. Commenters 
who cannot submit their views electronically should contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section as the source 
for case-related information for advice on alternatives to electronic 
filing.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
at 202-789-6820 (case-related information) or [email protected] 
(electronic filing assistance).

SUPPLEMENTARY INFORMATION:
I. Introduction
II. Notice of Filing
III. Ordering Paragraphs

I. Introduction

    On August 18, 2011, the Postal Service filed a notice, pursuant to 
39 CFR 3015.5, that it has entered into an additional Inbound 
Competitive Multi-Service Agreements with Foreign Postal Operators 1 
agreement.\1\ The Notice concerns a bilateral agreement for inbound 
competitive services with Posten Norge AS (Norway Post Agreement) that 
the Postal Service seeks to add to the Inbound Competitive Multi-
Service Agreement with Foreign Postal Operators 1 product.
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    \1\ Notice of United States Postal Service of Filing Additional 
Functionally Equivalent Agreement, August 18, 2011 (Notice); see 
also Docket Nos. MC2010-34 and CP2010-95, Order Adding Inbound 
Competitive Multi-Service Agreements with Foreign Postal Operators 1 
to the Competitive Product List and Approving Included Agreement, 
September 29, 2010 (Order No. 546).
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    In Order No. 546, the Commission approved the Inbound Competitive 
Multi-Service Agreement with Foreign Postal Operators 1 product and a 
functionally equivalent agreement, Koninklijke TNT Post BV and TNT Post 
Pakketservice Benelux BV (TNT Agreement). The Postal Service asserts 
that its filing demonstrates that the Norway Post Agreement fits within 
the Mail Classification Schedule (MCS) language in Governors' Decision 
No. 10-3 originally filed in Docket Nos. MC2010-34 and CP2010-95. 
Notice at 2.
    In support of its Notice, the Postal Service filed four attachments 
as follows:
     Attachment 1--an application for non-public treatment of 
materials to maintain redacted portions of the agreement and supporting 
documents under seal;
     Attachment 2--a redacted copy of Governors' Decision No. 
10-3 that establishes prices and classifications for Inbound 
Competitive Multi-Service Agreements with Foreign Postal Operators 
agreements, proposed MCS language, formulas for prices, certification 
of the Governors' vote and certification of compliance with 39 U.S.C. 
3633(a);
     Attachment 3--a redacted copy of the Norway Post 
Agreement; and
     Attachment 4--a certified statement required by 39 CFR 
3015.5(c)(2).
    Norway Post Agreement. The Postal Service filed the instant 
contract pursuant to 39 CFR 3015.5 and in accordance with Order No. 
546. The Postal Service states that the inbound air parcel post 
competitive services in the Norway Post Agreement conform to the 
proposed MCS language for Inbound Multi-Service Agreements with Foreign 
Postal Operators 1. The Postal Service states it will notify the mailer 
of the effective date within 30 days after all necessary regulatory 
approvals have been received. Id. The agreement provides that the 
parties will mutually agree on the effective date. Id. at 3; Attachment 
3 at 1. The parties intend for the agreement to become effective on 
October 1, 2011, and to remain in effect for 1 year with the option for 
renewal for another year. Id. at 2; Attachment 3 at 1.
    Functional equivalence. The Postal Service asserts that the Norway 
Post Agreement and the TNT Agreement incorporate the same cost and 
market characteristics. Notice at 3. It states that the TNT Agreement 
includes similar terms and conditions, e.g., is an agreement with a 
foreign postal operator and conforms to a common description. Id. 
Additionally, the Postal Service contends that the Norway Post 
Agreement is similar in cost characteristics with the TNT Agreement 
other than certain minor adjustments, such as expression of costs in 
different currencies, which are slight modifications that do not affect 
the agreement's functional equivalence. Id. It maintains that because 
of the limited changes, the cost characteristics are essentially the 
same as the TNT Agreement.\2\
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    \2\ The Postal Service's Notice refers to the TNT Agreement as 
the ``baseline agreement.'' Id.
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    The Postal Service identifies specific terms that distinguish the 
instant agreement from the existing agreement. These distinctions 
include the term, products, services, applicable law and dispute 
resolution methods. Id. at 3-4.
    Despite some minor differences, the Postal Service asserts that the 
Norway Post Agreement is functionally equivalent to the TNT Agreement 
previously filed. Id. at 4.
    In its Notice, the Postal Service maintains that certain portions 
of the agreement, prices, and related financial information should 
remain under seal. Id. at 2; Attachment 1.
    The Postal Service concludes that the Norway Post Agreement 
complies with 39 U.S.C. 3633 and is functionally equivalent to the TNT 
Agreement. Notice at 4. Therefore, it requests that the Commission add 
the Norway Post Agreement to the Inbound Competitive Multi-Service 
Agreement with Foreign Postal Operators 1 product. Id.

II. Notice of Filing

    The Commission establishes Docket No. CP2011-69 for consideration 
of matters raised by the Postal Service's Notice.
    The Commission appoints James F. Callow to serve as Public 
Representative in this docket.
    Comments. Interested persons may submit comments on whether the 
Postal Service's filings in the captioned docket are consistent with 
the policies of 39 U.S.C. 3632, 3633 or 39 CFR part 3015. Comments are 
due no later than August 31, 2011. The public portions of this filing 
can be accessed via the Commission's Web site (http://www.prc.gov).

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. CP2011-69 for 
consideration of the matters raised in this docket.
    2. Pursuant to 39 U.S.C. 505, James F. Callow is appointed to serve 
as officer of the Commission (Public Representative) to represent the 
interests of the general public in this proceeding.
    3. Comments by interested persons in this proceeding are due no 
later than August 31, 2011.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2011-22131 Filed 8-29-11; 8:45 am]
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