[Federal Register Volume 74, Number 214 (Friday, November 6, 2009)]
[Notices]
[Pages 57536-57537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26806]
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POSTAL REGULATORY COMMISSION
[Docket Nos. MC2010-5 and CP2010-5; Order No. 329]
New Postal Product
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is noticing a recently-filed Postal Service
request to add Express Mail Contract 5 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 November 9, 2009.
ADDRESSES: Submit comments electronically via the Commission's Filing
Online system at http://www.prc.gov. Commenters who cannot submit their
views electronically should contact the person identified in FOR
FURTHER INFORMATION CONTACT by telephone for advice on alternatives to
electronic filing.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
202-789-6820 or [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Notice of Filings
III. Ordering Paragraphs
I. Introduction
Pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal
Service filed a formal request and associated supporting information to
add Express Mail Contract 5 to the Competitive Product List.\1\ The
Postal Service asserts that Express Mail Contract 5 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. 09-14. Id. at 1. The Request has been assigned Docket No.
MC2010-5.
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\1\ Notice of Establishment of Rates and Class Not of General
Applicability, Request of the United States Postal Service to Add
Express Mail Contract 5 to Competitive Product List and Notice of
Filing (Under Seal) of Unredacted Governors' Decision, Contract and
Supporting Data, October 28, 2009 (Request). On October 29, 2009,
the Postal Service filed errata to its Request. See Notice of the
United States Postal Service of Filing Errata to Request and Notice,
October 29, 2009. Accordingly, the filing of the entire set of
documents related to this Request was not completed until October
29, 2009.
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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. CP2010-5.
Request. In support of its Request, the Postal Service filed the
following materials: (1) A redacted version of the Governors' Decision
authorizing certain Express Mail contracts; \2\ (2) a redacted version
of the contract; \3\ (3) a requested change in the Competitive Product
List; \4\ (4) a Statement of Supporting Justification as required by 39
CFR 3020.32; \5\ (5) a certification of compliance with 39 U.S.C.
3633(a); \6\ and (6) an application for non-public treatment of the
materials filed under seal.\7\
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\2\ Attachment A to the Request, reflecting Governors' Decision
No. 09-14, October 26, 2009.
\3\ Attachment B to the Request.
\4\ Attachment C to the Request.
\5\ Attachment D to the Request.
\6\ Attachment E to the Request.
\7\ Attachment F to the Request.
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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 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 5 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 3 years with annual adjustments. 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 Express Mail packaging for eligible Express Mail items
mailed by the shipper.
The Postal Service filed much of the supporting materials,
including the specific Express Mail Contract 5, 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, cost
data, and financial projections should remain under seal. Id. at 2. It
also requests that the Commission order that the duration of such
treatment of all customer identifying information be extended
indefinitely, instead of ending after 10 years. Id., Attachment F, at 1
and 7.
II. Notice of Filings
The Commission establishes Docket Nos. MC2010-5 and CP2010-5 for
consideration of the Request pertaining to the proposed Express Mail
Contract 5 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 3020 subpart B. Comments are due no later than November 9, 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. MC2010-5 and CP2010-5 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
[[Page 57537]]
interests of the general public in these proceedings.
3. Comments by interested persons in these proceedings are due no
later than November 9, 2009.
4. The Secretary shall arrange for publication of this order in the
Federal Register.
By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. E9-26806 Filed 11-5-09; 8:45 am]
BILLING CODE 7710-FW-P