[Federal Register Volume 87, Number 232 (Monday, December 5, 2022)]
[Notices]
[Pages 74456-74457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26347]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2023-61; Order No. 6345]


Inbound Competitive Multi-Service Agreements With Foreign Postal 
Operators

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is recognizing a recent filing by the Postal 
Service that it has entered into the Inbound Competitive Multi-Service 
Agreement with a foreign postal operator. This notice informs the 
public of the filing, invites public comment, and takes other 
administrative steps.

DATES: Comments are due: December 6, 2022.

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 FY23-1
III. Commission Action
IV. Ordering Paragraphs

I. Introduction

    On November 28, 2022, 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) that 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 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--FY23-1, November 28, 2022, at 1 
(Notice). The Postal Service refers to the agreement as ``FPO-USPS 
Agreement FY23-1.'' Id.
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II. Summary of the FPO-USPS Agreement FY23-1

    The FPO-USPS Agreement FY23-1 is intended to become effective on 
January 1, 2023, and will, unless terminated earlier, expire on 
December 31, 2023. Notice at 6. 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. Id. The Competitive services offered by the Postal 
Service to the FPO in FPO-USPS Agreement FY23-1 include rates for 
inbound tracked packets. Id. 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. (footnote omitted). Only the 
inbound portions of the FPO-USPS Agreement FY23-1 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 FPO-USPS Agreement FY23-
1 and supporting documents under seal
 Attachment 2--a redacted copy of FPO-USPS Agreement FY23-1
 Attachment 3--a copy of the Governors' Decision No. 19-1
 Attachment 4--a certified statement required by 39 CFR 
3035.105(c)(2)
 Supporting financial documentation as separate Excel files

    The Postal Service asserts that ``[t]he FPO-USPS Agreement FY23-1 
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 ``[t]he inbound portions of the FPO-USPS 
Agreement FY23-1 are materially similar to the inbound competitive 
portions of the baseline CP2010-95 Agreement with respect to products 
and cost characteristics.'' Notice at 7.
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    \3\ Notice at 2-3. 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 FY23-1 is in compliance with 39 U.S.C. 3633. Id. at 9. The 
Postal Service states further that the FPO-USPS Agreement FY23-1 is 
essentially an updated version of the FPO-USPS Agreement FY22-3, which 
was previously included in the Inbound Competitive Multi-Service 
Agreements with Postal Operators 1 (MC2010-34) product.\4\
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    \4\ Notice at 3. See Docket No. CP2022-37, Order Approving 
Additional Inbound Competitive Multi-Service Agreement with Foreign 
Postal Operator--FY22-3, January 10, 2022, at 7 (Order No. 6088).
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    The Postal Service asserts that its proposed addition of FPO-USPS 
Agreement FY23-1 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 
(MC2010-34) product. Notice at 4-5.

III. Commission Action

    The Commission establishes Docket No. CP2023-61 for consideration 
of the Notice pertaining to FPO-USPS Agreement FY23-1 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 
(MC2010-34) product. Comments are due no later than December 6, 2022. 
Public portions of this filing can be accessed via the Commission's 
website (www.prc.gov).
    The Commission appoints Katalin K. Clendenin 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. CP2023-61 for 
consideration of the matters raised in this docket.

[[Page 74457]]

    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 are due no later than December 6, 2022.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Erica A. Barker,
Secretary.
[FR Doc. 2022-26347 Filed 12-2-22; 8:45 am]
BILLING CODE 7710-FW-P