[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Notices]
[Pages 59015-59016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27377]
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POSTAL REGULATORY COMMISSION
[Docket Nos. MC2010-9 and CP2010-9; Order No. 336]
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 Priority Mail Contract 23 to the Competitive Product
List. The Postal Service has also filed a related contract. This notice
addresses procedural steps associated with these filings.
DATES: 1. Supplemental information from the Postal Service is due:
November 13, 2009. 2. Comments are due: November 17, 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. Supplemental Information
IV. 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 Priority Mail Contract 23 to the Competitive
[[Page 59016]]
Product List.\1\ The Postal Service asserts that Priority Mail Contract
23 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. 09-06 in Docket No. MC2009-25. Id. at 1. The Request has
been assigned Docket No. MC2010-9.
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. CP2010-9.
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\1\ Request of the United States Postal Service to Add Priority
Mail Contract 23 to Competitive Product List and Notice of Filing
(Under Seal) of Contract and Supporting Data, November 5, 2009
(Request).
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Request. In support of its Request, the Postal Service filed the
following materials: (1) A redacted version of the Governors' Decision,
originally filed in Docket No. MC2010-25, authorizing certain Priority
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. 09-06, April 27, 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,
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 Priority Mail
Contract 23 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 up to 1 year. The Postal Service
represents that the contract is consistent with 39 U.S.C. 3633(a). See
id., Attachment D. The Postal Service will provide Priority Mail
packaging for items mailed by the shipper.
The Postal Service filed much of the supporting materials,
including the specific Priority Mail Contract 23, 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. MC2010-9 and CP2010-9 for
consideration of the Request pertaining to the proposed Priority Mail
Contract 23 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 17, 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. Supplemental Information
The Request does not indicate whether the instant contract is
intended to replace an existing contract. The Postal Service should
clarify the Request, identifying, if appropriate, the contract being
terminated. Clarification is due no later than November 13, 2009.
IV. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket Nos. MC2010-9 and CP2010-9 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. Clarification of the Request is due no later than November 13,
2009.
4. Comments by interested persons in these proceedings are due no
later than November 17, 2009.
5. The Secretary shall arrange for publication of this order in the
Federal Register.
By the Commission.
Judith M. Grady,
Acting Secretary.
[FR Doc. E9-27377 Filed 11-13-09; 8:45 am]
BILLING CODE 7710-FW-S