[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Notices]
[Pages 33483-33484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16637]
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2009-34 and CP2009-45; Order No. 242]
New Competitive Postal Product
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission is noticing a recently-filed Postal Service
request to add Express Mail Contract 4 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 6, 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
Contract 4 to the Competitive Product List.\1\ The Postal Service
asserts that the Express Mail Contract 4 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.
MC2009-34.
---------------------------------------------------------------------------
\1\ Request of the United States Postal Service to Add Express
Mail Contract 4 to Competitive Product List and Notice of
Establishment of Rates and Class Not of General Applicability, July
6, 2009 (Request).
---------------------------------------------------------------------------
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 is assigned Docket No. CP2009-45.
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 in the Mail Classification
Schedule product list; (4)
[[Page 33484]]
a Statement of Supporting Justification as required by 39 CFR 3020.32;
and (5) certification of compliance with 39 U.S.C. 3633(a).\2\
Substantively, the Request asks the Commission to add the Express Mail
Contract 4 product to the Competitive Product List. Id. at 1-2.
---------------------------------------------------------------------------
\2\ 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 Service (Governors' Decision No. 09-8). The Governors'
Decision includes an attachment which provides an analysis of the
proposed Express Mail Contract 4 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 this Request. Attachment E provides the
certification of compliance with 39 U.S.C. 3633(a).
---------------------------------------------------------------------------
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
Contract 4 is included with the Request. The contract is for 3 years
and is to be effective the day following the date on which 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 to Governors'
Decision and Attachment E. It notes that performance under this
contract could vary from estimates, but concludes that the risks are
manageable, and overall the contract is expected to generate
significant contribution. Id., Attachment to Governors' Decision.
The Postal Service filed much of the supporting materials,
including the Governors' Decision and the specific Express Mail
Contract 4, 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. MC2009-34 and CP2009-45 for
consideration of the Request pertaining to the proposed Express Mail
Contract 4 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 Cassandra Hicks to serve as Public
Representative in these dockets.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket Nos. MC2009-34 and CP2009-45
for consideration of the matters raised in each respective docket.
2. Pursuant to 39 U.S.C. 505, Cassandra Hicks 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.
4. 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. E9-16637 Filed 7-10-09; 8:45 am]
BILLING CODE 7710-FW-P