[Federal Register Volume 74, Number 152 (Monday, August 10, 2009)]
[Notices]
[Pages 39980-39981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19083]
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POSTAL REGULATORY COMMISSION
[Docket No. CP2009-57; Order No. 271]
International Mail Product
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Postal Service recently filed with the Commission notice
of changes in rates for Inbound International Expedited Services 2.
This document establishes a docket for consideration of the filing,
provides public notice of the filing, and invites public comment.
DATES: Comments are due August 12, 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. Background
III. Notice of Filing
IV. Supplemental Information
V. Ordering Paragraphs
I. Introduction
On July 28, 2009, the Postal Service filed a notice announcing
changes in rates not of general applicability for Inbound International
Expedited Services 2 effective January 1, 2010.\1\ The Postal Service
attached a redacted copy of the 2010 rates and a certified statement
establishing compliance with 39 U.S.C. 3633 and 39 CFR 3015.5(c)(2) to
the Notice as Attachments 1 and 2, respectively. Id. at 2. The Postal
Service also submitted a listing of countries in each pricing tier and
incorporated by reference the description of Inbound International
Expedited Services 2 contained in its supporting documentation filed in
Docket Nos. MC2009-10 and CP2009-12. The Postal Service submitted the
rates, related financial information, and certified statement required
by 39 CFR 3015.5(c)(2) under seal.
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\1\ Notice of the United States Postal Service of Filing of
Changes in Rates Not of General Applicability, July 28, 2009
(Notice).
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II. Background
The Notice states that in Docket No. MC2009-10, the Governors
established prices and classifications not of general applicability for
Inbound Express Mail International (EMS). In Order No. 162, the
Commission added Inbound International Expedited Services 2 to the
Competitive Product List as a new product under Express Mail, Inbound
International Expedited Services.\2\ The rates took effect on January
1, 2009.
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\2\ See PRC Order No. 162, Docket Nos. MC2009-10, CP2009-12,
Order Adding Inbound International Expedited Services 2 To
Competitive Product List, December 31, 2008.
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In accordance with the provisions of the EMS Cooperative of the
Universal Postal Union (UPU), rates for the delivery of inbound Express
Mail International must be communicated to the UPU by August 31 of the
year before which they are to take effect. As a member of the EMS
Cooperative, the Postal Service may not change its rates for the coming
year after August 31. In Order No. 162, the Commission raised concerns
with filing these rates with the
[[Page 39981]]
Commission after August 31, even though they do not take effect until
January 1 of the following year. The Commission indicated that if a
product is found to violate the Postal Accountability and Enhancement
Act (PAEA), e.g., does not satisfy section 3633(a)(2), the Postal
Service may be without a suitable remedy until the rate change is
permitted for the following year. Id. at 9. The Commission, therefore,
appreciates the Postal Service's filing the 2010 rates well in advance
of the August 31, 2009 UPU deadline.
In its Notice, the Postal Service indicates that the rates to take
effect in 2010 are divided into two tiers. Tier one applies to postal
operators with a performance-level agreement, such as EMS Pay-for-
performance Plan participants and Kahala Posts Group. Tier two applies
to all other postal operators that transmit EMS to the United States.
Notice at 2-3. The Postal Service provided a listing of countries in
each tier, noting that this list may be subject to change on January 1,
2010. Id.; Attachment 3.
The Postal Service states that the China Post Group, whose inbound
EMS rates were established by a bilateral agreement approved by the
Commission in Docket Nos. CP2008-6 and CP2008-7, is expected to join
Tier 1 grouping. Id. at 3. The parties have agreed to have the
bilateral agreement expire at the end of the one-year term. Id. at 3.
The Postal Service maintains that the rates, related financial
information, and certain portions of the certified statement required
by 39 CFR 3015.5(c)(2), should remain under seal. Id. at 4.
III. Notice of Filing
The Commission establishes Docket No. CP2009-57 for consideration
of matters related to the issues identified in the Postal Service's
Notice.
Interested persons may submit comments on whether the Postal
Service's contract is consistent with the policies of 39 U.S.C. 3632,
3622 or 3642. Comments are due no later than August 12, 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 as Public Representative
in this proceeding.
IV. Supplemental Information
Pursuant to 39 CFR 3015.6, the Commission requests the Postal
Service to provide the following supplemental information by no later
than August 10, 2009:
1. Please provide the 2010 EMS Pay for Performance Plan that will
apply to EMS Cooperative members.
2. Please provide the Postal Service's EMS Cooperative Report
Cards, including performance measurements, for calendar year 2008 and
the first three quarters of 2009, if available.
3. In Excel file WP--Inbound--EMS--2009.07.28, worksheet 02--
Narrative, cell C107, the Postal Service makes an assumption about
arrival scan performance. Please explain this assumption further, its
rationale, and how its application comports with the provisions of the
2010 EMS Pay for Performance Plan and the Postal Service's performance.
V. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket No. CP2009-57 for
consideration of the issues raised in this docket.
2. Comments by interested persons in these proceedings are due no
later than August 12, 2009.
3. 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.
4. The Secretary shall arrange for publication of this order in the
Federal Register.
Issued: August 4, 2009.
By the Commission.
Judith M. Grady,
Acting Secretary.
[FR Doc. E9-19083 Filed 8-7-09; 8:45 am]
BILLING CODE 7710-FW-P