[Federal Register Volume 84, Number 246 (Monday, December 23, 2019)]
[Notices]
[Pages 70580-70581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27605]
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POSTAL REGULATORY COMMISSION
[Docket No. MC2020-73; Order No. 5354]
Transfer of Market Dominant Negotiated Service Agreement
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is noticing a recent Postal Service request to
transfer five negotiated service agreements from the market dominant
product list in the Mail Classification Schedule to the competitive
product list. This notice informs the public of the filing, invites
public comment, and takes other administrative steps.
DATES: Comments are due: January 3, 2020.
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: David A. Trissell, General Counsel, at
202-789-6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Commission Action
III. Ordering Paragraphs
I. Introduction
On December 13, 2019, the Postal Service filed a notice with the
Commission pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq.,
requesting the transfer of five negotiated service agreements (NSAs)
from the market dominant product list in the Mail Classification
Schedule (MCS) to the competitive product list.\1\ These five
agreements include: Inbound Market Dominant Expr[egrave]s Service
Agreement 1, Inbound Market Dominant Registered Service Agreement 1,
Inbound Market Dominant PRIME Tracked Service Agreement, Australian
Postal Corporation (Australia Post)--United States Postal Service
Bilateral Agreement, and Canada Post Corporation (Canada Post)--United
States Postal Service Bilateral Agreement NSAs. Request at 1-2. In
support of its Request, the Postal Service filed the following
documents:
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\1\ United States Postal Service Request to Transfer the Inbound
Market Dominant Expr[egrave]s Service Agreement 1, Inbound Market
Dominant Registered Service Agreement 1, Inbound Market Dominant
PRIME Tracked Service Agreement, Australian Postal Corporation--
United States Postal Service Bilateral Agreement, and Canada Post
Corporation--United States Postal Service Bilateral Agreement to the
Competitive Product List, December 13, 2019, at 1-2 (Request).
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Attachment 1--Statement of Supporting Justification;
Attachment 2--Governors Resolution No. 19-5;
Attachment 3--Draft MCS language;
Attachment 4--Redacted copy of the most recent Inbound
Market Dominant Expr[egrave]s Service Agreement 1;
Attachment 5--Redacted copy of the most recent Inbound
Market Dominant Registered Service Agreement 1;
Attachment 6--Redacted copy of the most recent Inbound
Market Dominant PRIME Tracked Service Agreement;
Attachment 7--Redacted copy of the most recent list of
parties to the
[[Page 70581]]
Inbound Market Dominant Expr[egrave]s Service Agreement 1, the Inbound
Market Dominant Registered Service Agreement 1, and the Inbound Market
Dominant PRIME Tracked Service Agreement;
Attachment 8--Redacted copy of the Australia Post
Bilateral Agreement;
Attachment 9--Redacted copy of the Canada Post Bilateral
Agreement; and
Attachment 10--Application for non-public treatment.
The Postal Service asserts that these products fulfill all of the
criteria for competitive products. See id. at 11-15. Specifically, the
Postal Service states that ``the market power provisions of 39 U.S.C. [
] 3642(b)(1) do not prevent the transfer'' of these products, that they
satisfy the standards for competitive products under 39 U.S.C. 3633,
and that the Request's content is sufficient, pursuant to 39 CFR
3020.31. Id.
The Postal Service states that transfer is appropriate for three
primary reasons: ``[b]ecause (i) the Commission conditionally approved
the removal of Inbound Letter Post small packets and bulky letters from
the Inbound Letter Post product on the market dominant product list and
the addition of the Inbound Letter Post Small Packets and Bulky Letters
product to the competitive product list [in Docket No. MC2019-17], (ii)
the items to which the services provided under the three PRIME
agreements and Australia Post bilateral five agreements are applied are
treated as E format items, and (iii) all of the inbound portions of the
Canada Post bilateral that are currently included in the market
dominant product list concern Inbound Letter Post Small Packets and
Bulky Letters items.'' Id. at 8-9 (footnotes omitted). For these
reasons, the Postal Service concludes that the Commission should
transfer these products from the market dominant product list to the
competitive product list. Id. at 15.
II. Commission Action
The Commission establishes Docket No. MC2020-73 to consider the
Postal Service's proposals described in its Request. Interested persons
may submit comments on whether the Request is consistent with the
policies of 39 U.S.C. 3632, 3633, and 3642 and 39 CFR 3020.30 et seq.
Comments are due by January 3, 2020.
The Request and related filings are available on the Commission's
website (http://www.prc.gov). The Commission encourages interested
persons to review the Request for further details.
The Commission appoints Anne C. O'Connor to serve as Public
Representative in this proceeding.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket No. MC2020-73 for
consideration of the matters raised by the United States Postal Service
Request to Transfer the Inbound Market Dominant Expr[egrave]s Service
Agreement 1, Inbound Market Dominant Registered Service Agreement 1,
Inbound Market Dominant PRIME Tracked Service Agreement, Australian
Postal Corporation--United States Postal Service Bilateral Agreement,
and Canada Post Corporation--United States Postal Service Bilateral
Agreement to the Competitive Product List, filed December 13, 2019.
2. Pursuant to 39 U.S.C. 505, Anne C. O'Connor is appointed to
serve as an officer of the Commission (Public Representative) to
represent the interests of the general public in this proceeding.
3. Comments by interested persons are due by January 3, 2020.
4. The Secretary shall arrange for publication of this Order in the
Federal Register.
By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2019-27605 Filed 12-20-19; 8:45 am]
BILLING CODE 7710-FW-P