[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Notices]
[Pages 39121-39122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18767]
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POSTAL REGULATORY COMMISSION
[Docket Nos. MC2009-35 and CP2009-54; Order No. 259]
Priority Mail
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is noticing a recently-filed Postal Service
request to add Priority Mail Contract 15 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 August 6, 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,
at 202-789-6820 or [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Notice of Filings
III. Ordering Paragraphs
I. Introduction
On July 24, 2009, the Postal Service filed a formal request
pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq.
[[Page 39122]]
to add Priority Mail Contract 15 to the Competitive Product List.\1\
The Postal Service asserts that Priority Mail Contract 15 is a
competitive product ``not of general applicability'' within the meaning
of 39 U.S.C. 3632(b)(3). The Postal Service states that prices and
classification underlying this contract are supported by Governors'
Decision No. 09-6 in Docket No. M2009-25. Id. at 1. The Request has
been assigned Docket No. MC2009-35.
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\1\ Request of the United States Postal Service to Add Priority
Mail Contract 15 to Competitive Product List and Notice of Filing
(Under Seal) of Contract and Supporting Data, July 24, 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. The contract has been assigned Docket No. CP2009-54.
Request. The Request includes (1) a redacted version of the
contract; (2) requested changes in the Mail Classification Schedule
product list; (3) a Statement of Supporting Justification as required
by 39 CFR 3020.32; and (4) certification of compliance with 39 U.S.C.
3633(a).\2\ It seeks to add Priority Mail Contract 15 to the
Competitive Product List. Id. at 1-2.
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\2\ Attachment A to the Request is the redacted version of the
contract. Attachment B shows the requested changes to the Mail
Classification Schedule product list. Attachment C provides a
statement of supporting justification for this Request. Attachment D
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,
Acting 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 C.
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 Priority Mail
Contract 15 is included with the Request. The contract will become
effective on the day that the Commission provides all necessary
regulatory approvals. It is terminable upon 30 days' notice by either
party, but could continue for 3 years without modification. See id.,
Attachment A. The Postal Service represents that the contract is
consistent with 39 U.S.C. 3633(a)(2). See id., Attachment D.
The noticed contract provides customized service and pricing for
eligible items shipped by the shipper. The shipper must pay postage
using an approved permit postage payment system. Annual price
adjustments will be applied to the shipper's ``Priority Mail Saver
Letters.'' A party may not assign the agreement without the other
party's consent, which may not be unreasonably withheld.
The Postal Service filed much of the supporting materials,
including the specific Priority Mail Contract 15, 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. MC2009-35 and CP2009-54 for
consideration of the request pertaining to the proposed Priority Mail
Contract 15 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 August 6, 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. MC2009-35 and CP2009-54
for consideration of the matter 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 on these proceedings are due no
later than August 6, 2009.
4. The Secretary shall arrange for publication of this order in the
Federal Register.
Issued: July 29, 2009.
By the Commission.
Judith M. Grady,
Acting Secretary.
[FR Doc. E9-18767 Filed 8-4-09; 8:45 am]
BILLING CODE 7710-FW-P