[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Notices]
[Pages 21633-21634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08432]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2013-58; Order No. 1691]


International Mail Product

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recent Postal Service filing 
concerning an additional International Reply Service Competitive 
Contract 3 Negotiated Service Agreement. This notice informs the public 
of the filing, invites public comment, and takes other administrative 
steps.

DATES: Comments are due: April 12, 2013.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov. Those who cannot submit comments 
electronically should contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section by telephone for advice on filing 
alternatives.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
at 202-789-6820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. Contents of Filing
III. Notice of Proceeding
IV. Ordering Paragraphs

I. Introduction

    On April 4, 2013, the Postal Service filed a notice pursuant to 39 
CFR 3015.5 announcing that it has entered into an additional 
International Business Reply Service (IBRS) Competitive Contract 3 
negotiated service agreement (Agreement).\1\ It seeks to have the 
Agreement included within the existing IBRS Competitive Contract 3 
product on grounds of functional equivalence to the baseline agreement 
filed in Docket No. CP2011-59.\2\ Notice at 4-6.
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    \1\ Notice of United States Postal Service Filing of a 
Functionally Equivalent International Business Reply Service 
Competitive Contract 3 Negotiated Service Agreement, April 4, 2013 
(Notice).
    \2\ See Docket Nos. MC2011-21 and CP2011-59, Order No. 684, 
Order Approving International Business Reply Service Competitive 
Contract 3 Negotiated Service Agreement, February 28, 2011.
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II. Contents of Filing

    Agreement. The Postal Service states that the Agreement is the 
successor to the agreement included in the IBRS Competitive Contract 3 
product in Docket No. CP2012-17, and is on behalf of the same customer 
as in Docket No. CP2012-17. Id. at 3.
    The Postal Service filed the following material in conjunction with 
its Notice:
     Attachment 1--a copy of the Agreement;
     Attachment 2--the certified statement required by 39 CFR 
3015.5(c)(2);
     Attachment 3--a copy of Governors' Decision No. 08-24; and
     Attachment 4--an application for non-public treatment of 
materials filed under seal.
    Attachments 1 through 3 were filed in redacted (public) and 
unredacted (sealed) versions.
    Effective date; duration. The Postal Service intends the Agreement 
to take effect April 24, 2013. Id. The Agreement expires 1 year after 
its effective date unless terminated earlier. Id. at 4.
    Functional equivalency. The Postal Service asserts that the 
Agreement is functionally equivalent to the baseline agreement filed in 
Docket No. CP2011-59 because it shares similar cost and market 
characteristics and meets the criteria in Governors' Decision No. 08-24 
concerning attributable costs. Id. The Postal Service further asserts 
that the functional terms of the Agreement and the baseline agreement 
are the same and the benefits are comparable. Id. It states that prices 
offered under the Agreement may differ from other IBRS 3 contracts due 
to differences in volume, postage commitments, and pricing at the time 
of the Agreement's execution, but asserts that these differences do not 
alter the functional equivalency of the Agreement and the baseline 
agreement. Id. at 5.
    The Postal Service states that there are differences between the 
terms of the two agreements, but characterizes them as minor, and 
asserts that they do not affect the fundamental service being offered 
or the fundamental structure of the Agreement.\3\ Id.
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    \3\ Differences include an additional phrase in Article 15, 
captioned Confidentiality, stating that the Postal Service may be 
required to file information (such as revenue, cost or volume data) 
related to the Agreement in other Commission dockets and an 
additional Article 30, captioned Intellectual Property, Co-Branding 
and Licensing). Id. at 5-6.
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III. Notice of Proceeding

    The Commission establishes Docket No. CP2013-58 for consideration 
of matters raised by the Postal Service's

[[Page 21634]]

Notice. Interested persons may submit comments on whether the Agreement 
is consistent with the requirements of 39 CFR part 3020 subpart b, 39 
CFR 3015.5, and the policies of 39 U.S.C. 3632, 3633, and 3642. 
Comments are due no later than April 12, 2013. The public portions of 
this filing can be accessed via the Commission's Web site, http://www.prc.gov. Information on how to obtain access to material filed 
under seal appears in 39 CFR part 3007.
    The Commission appoints Lawrence Fenster to serve as Public 
Representative in the captioned proceeding.

IV. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. CP2013-58 for 
consideration of the matters raised by the Postal Service's Notice.
    2. Comments by interested persons in this proceeding are due no 
later than April 12, 2013.
    3. Pursuant to 39 U.S.C. 505, the Commission appoints Lawrence 
Fenster to serve as an officer of the Commission (Public 
Representative) to represent the interests of the general public in 
this docket.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2013-08432 Filed 4-10-13; 8:45 am]
BILLING CODE 7710-FW-P