[Federal Register Volume 86, Number 241 (Monday, December 20, 2021)]
[Notices]
[Pages 71933-71934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27414]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2022-36; Order No. 6063]


Inbound Competitive Multi-Service Agreements With Foreign Postal 
Operators

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is acknowledging a recent filing by the Postal 
Service that it has entered into the Inbound Competitive Multi-Service 
Agreement with Foreign Postal Operators (FPOs). This notice informs the 
public of the filing, invites public comment, and takes other 
administrative steps.

DATES: Comments are due: December 21, 2021.

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. Summary of the FPO-USPS Agreement

[[Page 71934]]

FY22-2
III. Notice of Commission Action
IV. Ordering Paragraphs

I. Introduction

    On December 13, 2021, the Postal Service filed a notice with the 
Commission pursuant to 39 CFR 3035.105 and Order No. 546,\1\ concerning 
the inbound portions of an Inbound Competitive Multi-Service Agreement 
with a Foreign Postal Operator (FPO) which the Postal Service seeks to 
include within the Inbound Competitive Multi-Service Agreement with 
Foreign Postal Operators 1 (MC2010-34 product).\2\
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    \1\ Docket Nos. MC2010-34 and CP2010-95, Order Adding Inbound 
Competitive Multi-Service Agreements with Foreign Postal Service 
Operators 1 to the Competitive Product List and Approving Included 
Agreement, September 29, 2010 (Order No. 546).
    \2\ See Notice of United States Postal Service of Filing 
Functionally Equivalent Inbound Competitive Multi-Service Agreement 
with Foreign Postal Operator--FY22-2, December 13, 2021, at 1 
(Notice). The Postal Service refers to the agreement as ``FPO-USPS 
Agreement FY22-2.'' Id.
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II. Summary of the FPO-USPS Agreement FY22-2

    The FPO-USPS Agreement FY22-2 is intended to become effective on 
January 1, 2022, and will, unless terminated earlier, expire on 
December 31, 2023. Except as otherwise agreed by contract, the FPO 
exchanges mail with the Postal Service and applies the Universal Postal 
Convention and Universal Postal Convention Regulations to those 
exchanges. The competitive services offered by the Postal Service to 
the FPO in FPO-USPS Agreement FY22-2 include rates for inbound parcels, 
packets, and international Express Mail Service. Notice at 5-6. The 
Postal Service states that ``[m]any rates will be based on a per-piece 
and per-kilo structure and in Special Drawing Rights. . . .'' Id. at 6 
(footnote omitted). Only the inbound portions of the FPO-USPS Agreement 
FY22-2 that concern competitive products are included in the proposal 
filed in this docket. Id. Outbound delivery of competitive postal 
products within the FPO's country have not previously been presented to 
the Commission and are not presented in this Notice. Id.
    Accompanying the Notice are:
     Attachment 1--an application for non-public treatment of 
materials to maintain redacted portions of the agreement and supporting 
documents under seal;
     Attachment 2--a redacted copy of FPO-USPS Agreement FY22-
2;
     Attachment 3--a copy of the Governors' Decision No. 19-1;
     Attachment 4--a certified statement required by 39 CFR 
3035.105(c)(2); and
     Supporting financial documentation as separate Excel 
files.
    The Postal Service asserts that ``[t]he FPO-USPS Agreement FY22-2 
is functionally equivalent to the baseline agreement filed in Docket 
No. MC2010-34 because the terms of this agreement are similar in scope 
and purpose to the terms of the CP2010-95 Agreement'' that is used for 
functional equivalency analyses of the Inbound Competitive Multi-
Service Agreement with Foreign Postal Operators 1 product.'' \3\ The 
Postal Service states that ``[b]ecause the FPO-USPS Agreement FY22-2 
and the CP2010-95 Agreement incorporate the same cost attributes and 
methodology, the relevant cost and market characteristics are 
similar.'' Notice at 9.
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    \3\ Notice at 3. An agreement (the CP2010-95 Agreement) was 
originally presented to the Commission in Docket No. CP2010-95 for 
inclusion in the Inbound Competitive Multi-Service Agreements with 
Foreign Postal Operators 1 product. Order No. 546 at 8-10. The 
CP2010-95 Agreement was subsequently accepted by the Commission as 
the baseline agreement for functional equivalency analyses of the 
Inbound Competitive Multi-Service Agreement with Foreign Postal 
Operators 1 product. Docket No. CP2011-69, Order Concerning an 
Additional Inbound Competitive Multi-Service Agreements with Foreign 
Postal Operators 1 Negotiated Service Agreement, September 7, 2011, 
at 5 (Order No. 840). See also Notice at 7-9.
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    Additionally, the Postal Service asserts that the FPO-USPS 
Agreement FY22-2 is in compliance with 39 U.S.C. 3633. Id. The Postal 
Service states further that the FPO-USPS Agreement FY22-2 is 
essentially an updated version of the FPO-USPS Agreement FY20-1, which 
was previously included in the Inbound Competitive Multi-Service 
Agreements with Postal Operators 1 product.\4\
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    \4\ Notice at 3. See Docket No. CP2020-144, Order Approving 
Additional Inbound Competitive Multi-Service Agreement with Foreign 
Postal Operator--FY20-1, June 25, 2020, at 7 (Order No. 5565).
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    The Postal Service asserts that its proposed addition of FPO-USPS 
Agreement FY22-2 to the Inbound Competitive Multi-Service Agreement 
with Foreign Postal Operators 1 product is also supported by prior 
Commission determinations that bilateral agreements with FPOs and 
negotiated service agreements should be included in the Inbound 
Competitive Multi-Service Agreement with Foreign Postal Operators 1 
product. Notice at 3-4.

III. Notice of Commission Action

    The Commission establishes Docket No. CP2022-36 for consideration 
of the Notice pertaining to FPO-USPS Agreement FY22-2 and the related 
rates and classifications. The Commission invites comments on whether 
the Postal Service's filing is consistent with the requirements of 39 
U.S.C. 3633 and 39 CFR 3035.105 and whether it is functionally 
equivalent to the baseline agreement included in the Inbound 
Competitive Multi-Service Agreements with Foreign Postal Operators 1 
product (MC2010-34). Comments are due no later than December 21, 2021. 
Public portions of this filing can be accessed via the Commission's 
website (www.prc.gov).
    The Commission appoints Jennaca D. Upperman to serve as an officer 
of the Commission to represent the interests of the general public in 
these proceedings (Public Representative).

IV. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. CP2022-36 for 
consideration of the matters raised in this docket.
    2. Pursuant to 39 U.S.C. 505, Jennaca D. Upperman is appointed to 
serve as officer of the Commission (Public Representative) to represent 
the interests of the general public in these proceedings.
    3. Comments are due no later than December 21, 2021.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2021-27414 Filed 12-17-21; 8:45 am]
BILLING CODE 7710-FW-P