[Federal Register Volume 75, Number 160 (Thursday, August 19, 2010)]
[Notices]
[Pages 51292-51293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20515]
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POSTAL REGULATORY COMMISSION
[Docket Nos. CP2010-91; CP2010-92; CP2010-93; CP2010-94; Order No. 513]
Before Commissioners: Ruth Y. Goldway, Chairman; Tony L. Hammond,
Vice Chairman; Mark Acton; Dan G. Blair; and Nanci E. Langley;
Competitive Product Prices; Global Expedited Package Services 3
(MC2010-28); Negotiated Service Agreement; Notice and Order Concerning
Filing of Four Additional Global Expedited Package Services 3
Negotiated Service Agreements
Issued August 11, 2010.
I. Introduction
On August 9, 2010, the Postal Service filed a notice announcing
that it has entered into four additional Global Expedited Package
Services 3 (GEPS 3) contracts.\1\ The Postal Service believes the
instant contracts are functionally equivalent to previously submitted
GEPS contracts, and are supported by Governors' Decision No. 08-7,
attached to the Notice and originally filed in Docket No. CP2008-4. Id.
at 1-2, Attachment 3. 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 2. In Order No.
290, the Commission approved the GEPS 2 product.\2\ In Order No. 503,
the
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Commission approved the GEPS 3 product. Additionally, the Postal
Service requested to have the contract in Docket No. CP2010-71 serve as
the baseline contract for future functional equivalence analyses of the
GEPS 3 product.
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\1\ Notice of United States Postal Service of Filing Four
Functionally Equivalent Global Expedited Package Services 3
Negotiated Service Agreements and Application for Non-Public
Treatment of Materials Filed Under Seal, August 9, 2010 (Notice).
\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 instant contracts. The Postal Service filed the instant
contracts pursuant to 39 CFR 3015.5. In addition, the Postal Service
contends that each contract is in accordance with Order No. 86. The
term of each contract is one year from the date the Postal Service
notifies the customer that all necessary regulatory approvals have been
received. Notice at 3.
In support of its Notice, the Postal Service filed four attachments
as follows:
Attachments 1A, 1B, 1C and 1D--redacted copies of the four
contracts and applicable annexes;
Attachments 2A, 2B, 2C and 2D--a certified statement
required by 39 CFR 3015.5(c)(2) for each of the four contracts;
Attachment 3--a redacted copy of Governors' Decision No.
08-7 which establishes prices and classifications for GEPS contracts, a
description of applicable GEPS contracts, formulas for prices, an
analysis of the formulas, and certification of the Governors' vote; and
Attachment 4--an application for non-public treatment of
materials to maintain redacted portions of the contracts and supporting
documents under seal.
The Notice advances reasons why the instant GEPS 3 contracts fit
within the Mail Classification Schedule language for GEPS. The Postal
Service identifies customer-specific information and general contract
terms that distinguish the instant contracts from the baseline GEPS 3
agreement all of which are highlighted in the Notice. Id. at 5. These
modifications as described in the Postal Service's Notice apply to each
of the instant contracts.
The Postal Service contends that the instant contracts are
functionally equivalent to the baseline contract for GEPS 3 and share
the same cost and market characteristics as the previously filed GEPS
contracts. Id. at 4. It states that the differences including updates
and volume or postage commitments of customers, do not alter the
contracts' functional equivalency. Id. The Postal Service asserts that
``[b]ecause the agreements incorporate the same cost attributes and
methodology, the relevant characteristics of these four GEPS contracts
are similar, if not the same, as the relevant characteristics of
previously filed contracts.'' Id.
The Postal Service concludes that its filings demonstrate that each
of the new GEPS 3 contracts complies with the requirements of 39 U.S.C.
3633 and is functionally equivalent to the baseline GEPS 3 contract.
Therefore, it requests that the instant contracts be included within
the GEPS 3 product. Id. at 6.
II. Notice of Filing
The Commission establishes Docket Nos. CP2010-91 through CP2010-94
for consideration of matters related to the contracts identified in the
Postal Service's Notice.
These dockets are addressed on a consolidated basis for purposes of
this Order. Filings with respect to a particular contract should be
filed in that docket.
Interested persons may submit comments on whether the Postal
Service's contracts are consistent with the policies of 39 U.S.C. 3632,
3633, or 3642. Comments are due no later than August 18, 2010. 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 proceedings.
III. Ordering Paragraphs
It is Ordered:
1. The Commission establishes Docket Nos. CP2010-91 through CP2010-
94 for consideration of matters raised by the Postal Service's Notice.
2. Comments by interested persons in these proceedings are due no
later than August 18, 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.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2010-20515 Filed 8-18-10; 8:45 am]
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