[Federal Register Volume 74, Number 161 (Friday, August 21, 2009)]
[Notices]
[Pages 42338-42339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20143]
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POSTAL REGULATORY COMMISSION
[Docket No. CP2009-60; Order No. 280]
Global Expedited Package Services Contract
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is noticing a recently-filed Postal Service
request to add a Global Expedited Package Services 1 (GEPS 1) contract
to the Competitive Product List. This notice addresses procedural steps
associated with this filing.
DATES: Comments are due August 25, 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
II. Notice of Filing
III. Ordering Paragraphs
I. Introduction
On August 13, 2009, the Postal Service filed a notice announcing
that it has entered into an additional Global Expedited Package
Services 1 (GEPS 1) contract.\1\ GEPS 1 provides volume-based
incentives for mailers that send large volumes of Express Mail
International (EMI) and/or Priority Mail International (PMI). The
Postal Service believes the instant contract is functionally equivalent
to previously submitted GEPS 1 contracts and is supported by the
Governors' Decision filed in Docket No. CP2008-4.\2\ Notice at 1. It
further notes that in Order No. 86, which established GEPS 1 as a
product, the Commission held that additional contracts may be included
as part of the GEPS 1 product if they meet the requirements of 39
U.S.C. 3633, and if they are functionally equivalent to previously
submitted GEPS 1 contracts.\3\ Notice at 1-2.
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\1\ Notice of United States Postal Service Filing of
Functionally Equivalent Global Expedited Package Services 1
Negotiated Service Agreement and Application for Non-Public
Treatment of Materials Filed Under Seal, August 13, 2009 (Notice).
\2\ See Docket No. CP2008-4, Notice of United States Postal
Service of Governors' Decision Establishing Prices and
Classifications for Global Expedited Package Services Contracts, May
20, 2008.
\3\ See Docket No. CP2008-5, Order Concerning Global Expedited
Package Services Contracts, June 27, 2008, at 7 (Order No. 86).
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The instant contract. The Postal Service filed the instant contract
pursuant to 39 CFR 3015.5. In addition, the Postal Service contends
that the contract is in accordance with Order No. 86. The term of the
instant contract is 1 year from the date the Postal Service notifies
the customer that all necessary regulatory approvals have been
received.
In support of its Notice, the Postal Service filed four attachments
as follows:
1. Attachment 1--An application for non-public treatment of
materials to maintain the contract and supporting documents under seal;
2. Attachment 2--A redacted copy of Governors' Decision No. 08-7
which establishes prices and classifications for GEPS contracts;
3. Attachment 3--A redacted copy of the contract; and
4. Attachment 4--A certified statement required by 39 CFR
3015.5(c)(2).
Functional equivalency. The Postal Service asserts that the instant
contract is functionally equivalent to prior GEPS 1 contracts. It
contends that the instant contract satisfies the pricing formula and
classification system established in Governors' Decision No. 08-7 and,
except for tender locations, is the same as the contract in Docket No.
CP2009-50.\4\ Id. at 3. The Postal Service incorporates by reference
the arguments made for functional equivalence in Docket No. CP2009-50
with previous GEPS 1 contracts. Id. It contends that the instant
contract and all GEPS 1 contracts have similar cost and market
characteristics. Id. The Postal Service also requests that the contract
in Docket No. CP2009-50 be considered the baseline for determining
functional equivalence with GEPS 1 contracts. Id. at 4.
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\4\ See Docket No. CP2009-50, Order Concerning Filing of
Additional Global Expedited Package Services 1 Negotiated Service
Agreement, July 29, 2009 (Order No. 262).
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The Postal Service concludes that this contract is in compliance
with 39 U.S.C. 3633, and requests that this contract be included within
the GEPS 1 product. Id.
The Postal Service states that the copy of the instant contract
provided with this filing has not been signed by the mailer but the
mailer has confirmed that it will sign the contract which will not be
altered from the form presented to the Commission. The Postal Service
has submitted the contract in this manner in the interest of having it
reviewed by the Commission at this time and has committed to file the
signed version of the contract upon final execution.
II. Notice of Filing
The Commission establishes Docket No. CP2009-60 for consideration
of matters related to the contract 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 25, 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 the captioned filing.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket No. CP2009-60 for
consideration of the issues raised in this docket.
2. Comments by interested persons in these proceedings are due no
later than August 25, 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.
[[Page 42339]]
By the Commission.
Judith M. Grady,
Acting Secretary.
[FR Doc. E9-20143 Filed 8-20-09; 8:45 am]
BILLING CODE 7710-FW-P