[Federal Register Volume 73, Number 146 (Tuesday, July 29, 2008)]
[Notices]
[Pages 43962-43963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17301]


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POSTAL REGULATORY COMMISSION

 [Docket No. MC2008-5; Order No. 90]


Express Mail

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: This document announces the Postal Service's filing of a 
notice concerning the addition of an Express Mail contract to the 
competitive product list. It also announces a related Commission 
review.

DATES: Comments due July 31, 2008.

ADDRESSES: Submit documents electronically via the Commission's Filing 
Online system at http://www.prc.gov.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
202-789-6820 and [email protected].

SUPPLEMENTARY INFORMATION: On July 21, 2008, the Postal Service filed a 
request pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 to modify the 
Mail Classification Schedule by adding Express Mail Contract 1 to the 
competitive product list. The Postal Service asserts that Express Mail 
Contract 1 is a competitive product ``not of general applicability'' 
within the meaning of 39 U.S.C. 3632(b)(3).\1\ A redacted version of 
the Governors' Decision establishing the price and classification and a 
certification of the Governors' vote is included as Attachment A to the 
filing. The requested changes in the Mail Classification Schedule 
product list are included in the filing as Attachment B with the new 
product shown in brackets.\2\ The statement of supporting justification 
required by 39 CFR 3020.32 is included as Attachment C to the filing.
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    \1\ Request of the United States Postal Service to Add Express 
Mail Contract to Competitive Product List and Notice of 
Establishment of Rates and Class Not of General Applicability, July 
21, 2008 (Request).
    \2\ The draft Mail Classification Schedule remains under review. 
The Commission anticipates providing interested persons an 
opportunity to comment on the draft Mail Classification Schedule in 
the near future.
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    In the same July 21, 2008 filing, the Postal Service gives notice, 
pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5,

[[Page 43963]]

that the Governors have established prices and classifications not of 
general applicability for Express Mail Contract 1. Request at 2.
    In support of its Request, the Postal Service has also filed 
materials under seal, including an unredacted version of an explanation 
and justification in the Governors' Decision and an unredacted 
analysis. Also filed under seal are the cost and revenue data and the 
certification of compliance with 39 U.S.C. 3633(a)(1) and (3). The 
Postal Service asserts ``that the contract, related financial 
information, the customer's name and the portions of the Governors' 
Decision and accompanying analysis that provides prices, terms, and 
conditions should remain confidential.'' Id.
    In Order No. 43, the Commission issued regulations establishing a 
modern system of rate regulation, including a list of competitive 
products. PRC Order No. 43, October 29, 2007, paras. 3061, 4013. Among 
other things, the Commission determined that each negotiated service 
agreement would initially be classified as a separate product. The 
specific Express Mail agreement filed in this docket will be classified 
as a new product.
    As noted above, the Postal Service filing in this docket was made 
pursuant to rule 3015.5 and rule 3020.30. As a consequence, the 
Commission will review the filing under both rule 3015 and part 3020, 
subpart B.
    Interested persons may express views and offer comments on whether 
the planned changes are consistent with the policies of 39 U.S.C. 3632, 
3633 and/or 3642. Comments are due no later than July 31, 2008.
    Pursuant to 39 U.S.C. 505, Paul L. Harrington is appointed to serve 
as officer of the Commission (Public Representative) to represent the 
interests of the general public in the captioned docket.
    It is Ordered:
    1. Comments on issues in this proceeding are due no later than July 
31, 2008.
    2. The Commission appoints Paul L. Harrington as Public 
Representative to represent the interests of the general public in this 
proceeding.
    3. The Secretary shall arrange for publication of this Order in the 
Federal Register.

    By the Commission.

    Issued July 23, 2008.
Steven W. Williams,
Secretary.
[FR Doc. E8-17301 Filed 7-28-08; 8:45 am]
BILLING CODE 7710-FW-P