[Federal Register Volume 75, Number 143 (Tuesday, July 27, 2010)]
[Notices]
[Pages 44029-44030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18314]
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POSTAL REGULATORY COMMISSION
[Docket Nos. MC2010-28 and CP2010-71; Order No. 492]
New Postal Product
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is noticing a recently-filed Postal Service
filing to add Global Expedited Package Services 3 to the competitive
product list. The Postal Service has also filed a related contract.
This notice addresses procedural steps associated with the filing.
DATES: Comments are due: July 27, 2010.
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 the FOR
FURTHER INFORMATION CONTACT section by telephone for advice on
alternatives to electronic filing.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
[email protected] or 202-789-6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Notice of Filing
III. Ordering Paragraphs
I. Introduction
On July 14, 2010, the Postal Service filed a notice announcing that
it has entered into an additional Global Expedited Package Services
(GEPS) contract and seeks to add it as Global Expedited Package
Services 3 to the competitive product list.\1\ The Postal Service
believes the instant contract is functionally equivalent to previously
submitted GEPS 2 contracts, and is supported by Governors' Decision No.
08-7, attached to the Notice and originally filed in Docket No. CP2008-
4. Id. at 1, Attachment 4. The Notice also explains that Order No. 86,
which established GEPS 1 as a product, also authorized functionally
equivalent agreements to be included within the product, provided that
they meet the requirements of 39 U.S.C. 3633. Id. at 1. In Order No.
290, the Commission approved the GEPS 2 product.\2\
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\1\ Notice and Request of the United States Postal Service to
Add Global Expedited Package Services 3 to the competitive products
list and Notice of Filing of Functionally Equivalent Negotiated
Service Agreement and Application for Non-Public Treatment of
Materials Filed Under Seal, July 14, 2010 (Notice); see also Notice
of Errata Concerning Electronic Filing, July 15, 2010.
\2\ Docket No. CP2009-50, Order Granting Clarification and
Adding Global Expedited Package Services 2 to the competitive
product list, August 28, 2009 (Order No. 290).
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The Postal Service seeks to add the GEPS 3 product to the
competitive product list. Id. at 2. Although the filing is styled as a
``request,'' it does not appear to have been submitted pursuant to 39
CFR 3020.30 et seq. Docket No. MC2010-28 is established to consider
this aspect of the Postal Service's filing. Docket No. CP2010-71 is
established to consider the instant contract.
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
contract is 1 year from the date the Postal Service notifies the
customer that all necessary regulatory approvals have been received.
The Postal Service relates that the instant contract is for the same
mailer as in Docket No. CP2009-50. It states the mailer's current
contract ends July 31, 2010, and it expects the new contract to begin
August 1, 2010.
In support of its Notice, the Postal Service filed five attachments
as follows:
1. Attachment 1-statement of supporting justification required by
39 CFR 3020.32;
[[Page 44030]]
2. Attachment 2-a redacted copy of the contract a certified
statement required by 39 CFR 3015.5(c)(2);
3. Attachment 3-a certified statement required by 39 CFR
3015.5(c)(2);
4. Attachment 4-a redacted copy of Governors' Decision No. 08-07,
which establishes prices and classifications for GEPS contracts, a
description of applicable GEPS contracts, formulas for prices, an
analysis and certification of the Governors' vote; and
5. Attachment 5-an application for non-public treatment of
materials to maintain redacted portions of the contract and supporting
documents under seal.
Functional equivalence. The Notice advances reasons why the instant
GEPS 3 contract fits within the Mail Classification Schedule language
for GEPS contracts. The Postal Service contends that instant contract
is functionally equivalent to previous GEPS 2 contracts and should be
added to the competitive product list as GEPS 3 to replace GEPS 2
contracts as they expire. Id. at 4. It asserts that the instant
contract shares the same cost and market characteristics as the
previously filed GEPS 2 contracts and the same customers, small or
medium-sized businesses, that mail products directly to foreign
destinations using Express Mail International, Priority Mail
International, or both. Id.
The Postal Service identifies customer-specific information,
general contract terms and other differences that distinguish the
instant contract from the baseline GEPS 2 agreement, all of which are
highlighted in the Notice. Id. at 5-8.
The Postal Service contends that in spite of these differences the
instant contract is functionally equivalent to previously filed GEPS
contracts and fits within the requirements of the Governors Decision
for GEPS agreements. Id. at 5. See also id. (``[T]he relevant
characteristics are similar, if not the same, for this GEPS 3 contract
and the previously filed contracts.'').
The Postal Service also contends that its filings demonstrate that
the new GEPS 3 contract complies with the requirements of 39 U.S.C.
3633, is functionally equivalent to other GEPS contracts and should be
considered the baseline for future GEPS agreements. It requests
approval for the contract to be included within the GEPS 3 product. Id.
at 8.
Baseline treatment. The Postal Service states that the instant
contract takes the place of its immediate predecessor which served as
the baseline contract for the GEPS 2 product. It requests that the
instant contract be considered the new `baseline' agreement for
consideration of future GEPS 3 agreements' functional equivalency.''
Id. at 8.
II. Notice of Filing
The Commission establishes Docket Nos. MC2010-28 and CP2010-71 for
consideration of matters raised 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,
3633, or 3642, 39 CFR part 3015, and 39 CFR 3020 subpart B. Comments
are due no later than July 27, 2010. The public portions of these
filings can be accessed via the Commission's Website (http://www.prc.gov).
The Commission appoints Paul L. Harrington to serve as Public
Representative in the captioned filings.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket Nos. MC2010-28 and CP2010-71
for consideration of matters raised by the Postal Service's Notice.
2. Comments by interested persons in these proceedings are due no
later than July 27, 2010.
3. Pursuant to 39 U.S.C. 505, Paul L. Harrington is appointed to
serve as the 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.
By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2010-18314 Filed 7-26-10; 8:45 am]
BILLING CODE 7710-FW-S