[Federal Register Volume 75, Number 184 (Thursday, September 23, 2010)]
[Notices]
[Pages 57995-57996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23851]
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
[Docket Nos. CP2010-116, CP2010-117, and CP2010-118; Order No. 541]
New Postal Product
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission is noticing a recently-filed Postal Service
request to add three Global Expedited Package Services 3 contracts to
the competitive product list. This notice addresses procedural steps
associated with this filing.
ADDRESSES: Submit comments electronically via the Commission's Filing
Online system at http:[sol][sol]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,
[email protected] or 202-789-6820.
SUPPLEMENTARY INFORMATION:
[[Page 57996]]
Table of Contents
I. Introduction
II. Notice of Filing
III. Ordering Paragraphs
I. Introduction
On September 16, 2010, the Postal Service filed a notice announcing
that it has entered into three 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, Attachment 3. The Notice 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 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.
---------------------------------------------------------------------------
\1\ Notice of United States Postal Service of Filing Three
Functionally Equivalent Global Expedited Package Services 3
Negotiated Service Agreements and Application For Non-Public
Treatment of Materials Filed Under Seal, September 16, 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).
---------------------------------------------------------------------------
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:
Attachment 1A, 1B and 1C--redacted copies of the three contracts
and applicable annexes;
Attachment 2A, 2B and 2C--certified statements required by 39 CFR
3015.5(c)(2) for each contract;
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 contract and supporting documents
under seal.
The Notice advances reasons why the instant GEPS 3 contracts fit
within the Mail Classification Schedule language for the GEPS product.
The Postal Service identifies customer-specific information and general
contract terms that distinguish the instant contracts from the baseline
GEPS 3 agreement. Id. at 4-5. It states that the differences, which
include price variations based on updated costing information and
volume commitments, do not alter the contracts' functional equivalency.
Id. at 4. The Postal Service asserts that ``[b]ecause the agreements
incorporate the same cost attributes and methodology, the relevant
characteristics of these three 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 5.
II. Notice of Filing
The Commission establishes Docket Nos. CP2010-116, CP2010-117 and
CP2010-118 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 September 24, 2010. The
public portions of these filings can be accessed via the Commission's
Web site (http:[sol][sol]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. CP2010-116, CP2010-117
and CP2010-118 for consideration of matters raised by the Postal
Service's Notice.
2. Comments by interested persons in these proceedings are due no
later than September 24, 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. 2010-23851 Filed 9-22-10; 8:45 am]
BILLING CODE 7710-FW-S