[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Notices]
[Pages 31896-31897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13083]


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POSTAL REGULATORY COMMISSION

[Docket Nos. CP2012-30 and CP2012-31; Order No. 1352]


Product List Changes

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recently-filed Postal Service 
request to enter into two additional Global Expedited Package Services 
3 contracts. This notice addresses procedural steps associated with 
this filing.

DATES: Comments are due: May 30, 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

    On May 21, 2012, the Postal Service filed a notice announcing that 
it intends to enter into two additional Global Expedited Package 
Services 3 (GEPS 3) contracts.\1\ The Postal Service states that the 
instant contracts are functionally equivalent to the contract filed in 
Docket No. CP2010-71 (GEPS 3 baseline agreement) and are supported by 
Governors' Decision No. 08-7 attached to the notice and originally 
filed in Docket No. CP2008-5. Id. at 1-4, Attachment 3. The notice 
explains that Order No. 503 authorized functionally equivalent 
agreements to be included in the GEPS 3 product, provided that these 
agreements meet the requirements of 39 U.S.C. 3633. Id. at 2.
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    \1\ Notice of United States Postal Service of Filing Two 
Functionally Equivalent Global Expedited Package Services 3 
Negotiated Service Agreements and Application for Non-Public 
Treatment of Materials Filed Under Seal, May 21, 2012 (Notice).
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    The instant contracts. The Postal Service filed the two instant 
contracts pursuant to 39 CFR 3015.5. In addition, the Postal Service 
contends that the instant contracts are in accordance with Order No. 
503. Id. at 2. For each contract, the Postal Service will notify the 
mailer of the effective date within 30

[[Page 31897]]

days after all necessary regulatory approvals have been received 
(Effective Date). The instant contracts will remain in effect for 1 
calendar year after the Effective Date, unless either party terminates 
the agreement. The contracts may be terminated, among other instances, 
upon 30 days written notification by either party. Id., Attachment 1A 
at 6; Attachment 1B at 6-7.
    In support of its notice, the Postal Service filed four attachments 
as follows:
     Attachment 1A--a redacted copy of the first instant 
contract;
     Attachment 1B--a redacted copy of the second instant 
contract;
     Attachment 2A--a certified statement required by 39 CFR 
3015.5(c)(2) for the first instant contract;
     Attachment 2B--a certified statement required by 39 CFR 
3015.5(c)(2) for the second instant contract;
     Attachment 3--a copy of Governors' Decision No. 08-7, 
which establishes prices and classifications for Global Expedited 
Package Services Contracts;
     Attachment 4--an application for non-public treatment of 
materials to maintain redacted portions of the contract and supporting 
documents filed under seal.
    The notice sets forth reasons why the instant contracts are 
functionally equivalent to the GEPS 3 baseline agreement. It states 
that the instant contracts differ from the GEPS 3 baseline agreement in 
several ways pertaining to the revisions or clarifications of terms, 
e.g., revised options for tendering the mail, minimum revenue 
commitment, customs and export requirements, an exception of Flat Rate 
items from the definition of qualifying mail, and an additional article 
concerning Intellectual Property, Co-Branding, and Licensing. Id. at 4-
6. It asserts that ``[b]ecause the agreements incorporate the same cost 
attributes and methodology, the relevant characteristics of these two 
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 filing demonstrates that the 
instant contracts comply with the requirements of 39 U.S.C. 3633 and 
are functionally equivalent to the GEPS 3 baseline agreement. 
Therefore, it requests that the instant contracts be included within 
the GEPS 3 contract product. Id. at 6.

II. Notice of Filings

    The notice filed in each of these dockets is identical. In it, the 
Postal Service seeks to add two additional GEPS 3 contracts to the GEPS 
3 product. The contracts should have been filed in separate dockets. In 
the future, when it files multiple contracts concerning the same 
product, the Postal Service must file separate notices (in separate 
dockets) for each contract. This process ensures transparency and 
facilitates the Commission review.
    The Commission establishes Docket No. CP2012-30 for consideration 
of matters related to the contract attached to the Postal Service's 
notice as Attachment 1A, and Docket No. CP2012-31 for consideration of 
matters related to the contract attached to the Postal Service's notice 
as Attachment 1B.
    Interested persons may submit comments on whether the Postal 
Service's contract is consistent with the policies of 39 U.S.C. 3632, 
3633, or 3642. Comments are due no later than May 30, 2012. The public 
portions of these filings can be accessed via the Commission's Web 
site, http://www.prc.gov.
    The Commission appoints Natalie Rea Ward to serve as Public 
Representative in Docket Nos. CP2012-30 and CP2012-31.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. CP2012-30 for 
consideration of matters related to the contract attached to the Postal 
Service's notice as Attachment 1A.
    2. The Commission establishes Docket No. CP2012-31 for 
consideration of matters related to the contract attached to the Postal 
Service's notice as Attachment 1B.
    3. Comments by interested persons in these proceedings are due no 
later than May 30, 2012.
    4. Pursuant to 39 U.S.C. 505, Natalie Rea Ward is appointed to 
serve as an officer of the Commission (Public Representative) to 
represent the interests of the general public in Docket No. CP2012-30.
    5. Pursuant to 39 U.S.C. 505, Natalie Rea Ward is appointed to 
serve as an officer of the Commission (Public Representative) to 
represent the interests of the general public in Docket No. CP2012-31.
    6. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2012-13083 Filed 5-29-12; 8:45 am]
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