[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Notices]
[Page 29393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11979]


=======================================================================
-----------------------------------------------------------------------

POSTAL REGULATORY COMMISSION

[Docket Nos. MC2012-18 and CP2012-24; Order No. 1341]


Product List Changes

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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

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

DATES: Supplemental Information is due (from Postal Service): May 18, 
2012. Comments are due: May 22, 2012.

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 
at 202-789-6820.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    In accordance with 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 First-Class Package Service Contract 2 to the 
Competitive Product List.\1\ The Postal Service asserts that First-
Class Package 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 Request has been assigned Docket No. MC2012-18.
---------------------------------------------------------------------------

    \1\ Request of the United States Postal Service to Add First-
Class Package Service Contract 2 to Competitive Product List and 
Notice of Filing (Under Seal) of Unredacted Governors' Decision, 
Contract, and Supporting Data, May 9, 2012 (Request).
---------------------------------------------------------------------------

    The Postal Service contemporaneously filed a redacted contract 
related to the proposed new product. Id., Attachment B. The instant 
contract has been assigned Docket No. CP2012-24.
    Request. To support its Request, the Postal Service filed the 
following six attachments:
     Attachment A--a redacted version of the Governors' 
Decision and accompanying analysis. An explanation and justification is 
provided in the Governors' Decision and analysis filed in the 
unredacted version under seal;
     Attachment B--a redacted version of the instant contract;
     Attachment C--the proposed changes in the Mail 
Classification Schedule with the addition underlined;
     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)(1), (2), and (3); and
     Attachment F--an application for non-public treatment of 
the materials filed under seal. The materials filed under seal are the 
unredacted version of the instant contract and the required cost and 
revenue data.
    In the Statement of Supporting Justification, Dennis R. Nicoski, 
Manager, Field Sales Strategy and Contracts, asserts that the instant 
contract will cover its attributable costs, make a positive 
contribution to cover institutional costs, and increase contribution 
toward the requisite 5.5 percent of the Postal Service's institutional 
costs. Id., Attachment D at 1. Mr. Nicoski contends that there will be 
no issue of subsidization of market dominant products by competitive 
products as a result of the instant contract. Id.
    Instant contract. The Postal Service included a redacted version of 
the instant contract with the Request. Id., Attachment B. It is 
scheduled to become effective on the day the Commission issues all 
necessary regulatory approval (Effective Date). Id. at 2. It will 
expire 1 year from the Effective Date unless, among other things, 
either party terminates the agreement with 30 days written notice to 
the other party. Id. The Postal Service represents that the related 
contract is consistent with 39 U.S.C. 3633. Id., Attachment D.
    The Postal Service filed much of the supporting materials, 
including the unredacted version of the instant contract, under seal. 
Id., Attachment F. It maintains that the unredacted Governors' 
Decision, the unredacted version of the instant contract, and 
supporting documents establishing compliance with 39 U.S.C. 3633 and 39 
CFR 3015.5 should remain confidential. Id. at 1. The Postal Service 
asks the Commission to protect customer-identifying information from 
public disclosure indefinitely. Id.
    Supplemental information. The Commission notes that the Postal 
Service contemporaneously filed five other First-Class Package Service 
contracts in separate dockets. The financial workpapers that support 
each contract use the same volume distribution percentages. Please 
provide the basis for the volume distribution for each contract. Please 
file this information by May 18, 2012.

II. Notice of Filings

    The Commission establishes Docket Nos. MC2012-18 and CP2012-24 to 
consider the Request and the instant contract, respectively.
    Interested persons may submit comments on whether the Postal 
Service's filings in these dockets are consistent with the policies of 
39 U.S.C. 3632, 3633, or 3642, 39 CFR 3015.5, and 39 CFR part 3020, 
subpart B. Comments are due no later than May 22, 2012. The public 
portions of these filings can be accessed via the Commission's Web site 
(http://www.prc.gov).
    The Commission appoints Katalin K. Clendenin to serve as Public 
Representative in these dockets.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket Nos. MC2012-18 and CP2012-24 
to consider the matters raised in each docket.
    2. Pursuant to 39 U.S.C. 505, Katalin K. Clendenin 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 May 22, 2012.
    4. The supplemental information discussed in the body of this order 
is due no later than May 18, 2012.
    5. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2012-11979 Filed 5-16-12; 8:45 am]
BILLING CODE 7710-FW-P