[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Notices]
[Page 33481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16632]
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POSTAL REGULATORY COMMISSION
[Docket Nos. MC2009-31 and CP2009-42; Order No. 239]
New Competitive Postal Product
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is noticing a recently-filed Postal Service
request to add Express Mail & Priority Mail Contract 6 to the
Competitive Product List. The Postal Service has also filed a related
contract. This notice addresses procedural steps associated with these
filings.
DATES: Comments are due July 15, 2009.
ADDRESSES: Submit comments 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:
I. Introduction
On July 2, 2009, the Postal Service filed a formal request pursuant
to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add Express Mail &
Priority Mail Contract 6 to the Competitive Product List.\1\ On July 6,
2009, the Postal Service filed a revised version of its filing which
includes attachments inadvertently omitted from the July 2, 2009
request.\2\ The Postal Service asserts that the Express Mail & Priority
Mail Contract 6 product is a competitive product ``not of general
applicability'' within the meaning of 39 U.S.C. 3632(b)(3). Id. at 1.
The Request has been assigned Docket No. MC2009-31.
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\1\ Request of the United States Postal Service to Add Express
Mail & Priority Mail Contract 6 to Competitive Product List and
Notice of Establishment of Rates and Class Not of General
Applicability, July 2, 2009.
\2\ Errata to Request of the United States Postal Service to Add
Express Mail & Priority Mail Contract 6 to Competitive Product List
and Notice of Establishment of Rates and Class Not of General
Applicability, July 6, 2009 (Request).
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The Postal Service contemporaneously filed a contract related to
the proposed new product pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR
3015.5. Id. at 2. The contract has been assigned Docket No. CP2009-42.
Request. The Request incorporates (1) A redacted version of the
Governors' Decision authorizing the new product; (2) a redacted version
of the contract; (3) requested changes to the Mail Classification
Schedule product list; (4) a statement of supporting justification as
required by 39 CFR 3020.32; and (5) certification of compliance with 39
U.S.C. 3633(a).\3\ Substantively, the Request seeks to add Express Mail
& Priority Mail Contract 6 to the Competitive Product List. Request at
1-2.
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\3\ Attachment A to the Request consists of the redacted
Decision of the Governors of the United States Postal Service on
Establishment of Rate and Class Not of General Applicability for
Express Mail and Priority Mail Services (Governors' Decision No. 09-
9). The Governors' Decision includes an attachment which provides an
analysis of the proposed Express Mail and Priority Mail Contract 6
and certification of the Governors' vote. Attachment B is the
redacted version of the contract. Attachment C shows the requested
changes to the Mail Classification Schedule product list. Attachment
D provides a Statement of Supporting Justification for the Request.
Attachment E provides the certification of compliance with 39 U.S.C.
3633(a).
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In the Statement of Supporting Justification, Mary Prince Anderson,
Manager, Sales and Communications, Expedited Shipping, asserts that the
service to be provided under the contract will cover its attributable
costs, make a positive contribution to institutional costs, and
increase contribution toward the requisite 5.5 percent of the Postal
Service's total institutional costs. Id., Attachment D. Thus, Ms.
Anderson contends there will be no issue of subsidization of
competitive products by market dominant products as a result of this
contract. Id.
Related contract. A redacted version of the specific Express Mail &
Priority Mail Contract 6 is included with the Request. The contract has
an initial term of 3 years and is to be effective 1 day after the
Commission provides all necessary regulatory approvals. The Postal
Service represents that the contract is consistent with 39 U.S.C.
3633(a) and 39 CFR 3015.7(c). See id., Attachment A and Attachment E.
It notes that actual performance under this contract could vary from
estimates, but concludes that the risks are manageable. Id., Attachment
A.
The Postal Service filed much of the supporting materials,
including the Governors' Decision and the specific Express Mail &
Priority Mail Contract 6, under seal. In its Request, the Postal
Service maintains that the contract and related financial information,
including the customer's name and the accompanying analyses that
provide prices, terms, conditions, and financial projections should
remain under seal. Id. at 2-3.
II. Notice of Filings
The Commission establishes Docket Nos. MC2009-31 and CP2009-42 for
consideration of the Request pertaining to the proposed Express Mail &
Priority Mail Contract 6 product and the related contract,
respectively. In keeping with practice, these dockets are addressed on
a consolidated basis for purposes of this Order; however, future
filings should be made in the specific docket in which issues being
addressed pertain.
Interested persons may submit comments on whether the Postal
Service's filings in the captioned dockets are consistent with the
policies of 39 U.S.C. 3632, 3633, or 3642 and 39 CFR part 3015 and 39
CFR part 3020 subpart B. Comments are due no later than July 15, 2009.
The public portions of these filings can be accessed via the
Commission's Web site (http://www.prc.gov).
The Commission appoints Paul L. Harrington to serve as Public
Representative in these dockets.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket Nos. MC2009-31 and CP2009-42
for consideration of the matters raised in each docket.
2. 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 these proceedings.
3. Comments by interested persons in these proceedings are due no
later than July 15, 2009.
1. The Secretary shall arrange for publication of this Order in the
Federal Register.
Dated: July 7, 2009.
By the Commission.
Judith M. Grady,
Acting Secretary.
[FR Doc. E9-16632 Filed 7-10-09; 8:45 am]
BILLING CODE 7710-FW-P