[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Notices]
[Pages 54510-54511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22367]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2011-70; Order No. 828]


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 under the ``International 
Business Reply Service (IBRS) Competitive Contract 3'' product 
offering. This document invites

[[Page 54511]]

public comments on the request and addresses several related procedural 
steps.

DATES: Comments are due: September 1, 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 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: 

Table of Contents

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

I. Introduction

    On August 19, 2011, the Postal Service filed a notice, pursuant to 
39 CFR 3015.5, that it has entered into an additional International 
Business Reply Service (IBRS) Competitive contract.\1\ The Postal 
Service requests that the instant contract be included within the IBRS 
Competitive Contract 3 product. Id. at 3.
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    \1\ Notice of the United States Postal Service Filing of a 
Functionally Equivalent International Business Reply Service 
Competitive Contract 3 Negotiated Service Agreement, August 19, 2011 
(Notice).
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    In Docket Nos. MC2011-21 and CP2011-59, the Postal Service 
requested that the Commission add IBRS Competitive Contract 3 to the 
competitive product list, and that the contract filed in Docket No. 
CP2011-59 serve as the baseline contract for future functional 
equivalence analyses of the IBRS Competitive Contract 3 product.\2\
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    \2\ See Docket Nos. MC2011-21 and CP2011-59, Request of the 
United States Postal Service to Add International Business Reply 
Service Competitive Contract 3 to the Competitive Products List and 
Notice of Filing of Contract (Under Seal), February 11, 2011.
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    In support of its Notice, the Postal Service filed the following 
attachments:
     Attachment 1--a redacted copy of the contract;
     Attachment 2--a redacted copy of the certified statement 
required by 39 CFR 3015.5(c)(2);
     Attachment 3--Governors' Decision No. 08-24, which 
establishes prices and classifications for the IBRS Contracts product, 
and includes Mail Classification Schedule language for IBRS contracts, 
formulas for pricing along with an analysis, certification of the 
Governors vote, and certification of compliance with 39 U.S.C. 3633(a); 
and
     Attachment 4--an application for non-public treatment of 
materials to maintain the redacted portions of the contract, customer 
identifying information and related financial information under seal.
    The instant contract. The Postal Service filed the instant contract 
pursuant to 39 CFR 3015 and in accordance with Order No. 178.\3\ It 
states it will notify the mailer of the effective date within 30 days 
of receipt of all necessary regulatory approvals. The contract will 
remain in effect for 1 year however, it may be terminated by either 
party with 30 days' written notice. Notice at 3; Attachment 1 at 4.
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    \3\ See Docket Nos. MC2009-14 and CP2009-20, Order Concerning 
International Business Reply Service Contract 1 Negotiated Service 
Agreement, February 5, 2009 (Order No. 178).
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    Functional equivalence. The Postal Service asserts that the instant 
contract is functionally equivalent to the IBRS contracts previously 
filed. Id. at 3. It also asserts that the ``functional terms'' of the 
instant contract and the ``functional terms'' of the proposed baseline 
IBRS 3 Competitive Contract ``are the same, although other terms that 
do not directly change the nature of the agreements' basic obligations 
may vary.'' Id. at 4. To that end, the Postal Service indicates that 
prices under IBRS contracts may differ based on volume or postage 
commitments and when the agreement is signed. It identifies certain 
customer-specific information that distinguishes the instant contract 
from the proposed baseline agreement. Id. at 5.
    The Postal Service concludes that the instant contract complies 
with 39 U.S.C. 3633 and is functionally equivalent to the proposed IBRS 
Competitive Contract 3 baseline agreement in Docket Nos. MC2011-21 and 
CP2011-59. Id. Therefore, it contends that the instant contract should 
be included within the IBRS Competitive Contract 3 product. Id.

II. Notice of Filing

    The Commission establishes Docket No. CP2011-70 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 September 1, 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. CP2011-70 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 September 1, 2011.
    4. The Secretary shall arrange for publication of this Order in the 
Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2011-22367 Filed 8-31-11; 8:45 am]
BILLING CODE 7710-FW-P