[Federal Register Volume 74, Number 149 (Wednesday, August 5, 2009)]
[Notices]
[Pages 39122-39123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18768]
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POSTAL REGULATORY COMMISSION
[Docket Nos. MC2009-36 and CP2009-55; Order No. 260]
Priority Mail Contract
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 16 to the Competitive Product
List. The Postal Service also has 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. to add Priority
Mail Contract 16 to the Competitive Product List.\1\ The Postal Service
asserts that Priority Mail Contract 16 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 the
contract are supported by Governors' Decision No. 09-6 in Docket No.
MC2009-25. Id. at 1. The Request has been assigned Docket No. MC2009-
36.
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\1\ Request of the United States Postal Service to Add Priority
Mail Contract 16 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. CP2009-55.
Request. The Request includes (1) a redacted version of the
contract; (2)
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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\
Substantively, the Request seeks to add Priority Mail Contract 16 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 16 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 a party,
but could continue for 1 year without modification. The Postal Service
represents that the contract is consistent with 39 U.S.C. 3633(a)(1).
See id., Attachment D.
The Postal Service will provide the shipper with customized pricing
for eligible Priority Mail items shipped by the shipper, as well as
Priority Mail packaging and labels. 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 16, 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. MC2009-36 and CP2009-55 for
consideration of the Request pertaining to the proposed Priority Mail
Contract 16 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. MC2009-36 and CP2009-55
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 in 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. E9-18768 Filed 8-4-09; 8:45 am]
BILLING CODE 7710-FW-P