[Federal Register Volume 75, Number 32 (Thursday, February 18, 2010)]
[Notices]
[Pages 7296-7297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3061]
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POSTAL REGULATORY COMMISSION
[Docket No. CP2010-23; Order No. 405]
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 a Global Expedited Package Services 2 contract to the
Competitive Product List. This notice addresses procedural steps
associated with this filing.
DATES: Comments are due: February 19, 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 ``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:
Table of Contents
I. Introduction
II. Notice of Filing
III. Ordering Paragraphs
I. Introduction
On February 9, 2010, the Postal Service filed a notice announcing
that it has entered into an additional Global Expedited Package
Services 2 (GEPS 2) contract.\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 2. 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 of United States Postal Service Filing of
Functionally Equivalent Global Expedited package Services 2
Negotiated Service Agreement and Application for Non-Public
Treatment of Materials Filed Under Seal, February 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 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 Postal
Service submitted the contract and supporting material under seal along
with an application for non-public treatment as Attachment 1, and
attached a certified statement required by 39 CFR 3015.5(c)(2) and a
redacted copy of the contract to the Notice as Attachments 2 and 3,
respectively. Id. at 1-2. 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 Notice advances reasons why the instant GEPS 2 contract fits
within the Mail Classification Schedule language for GEPS 2. The Postal
Service contends that the instant contract is functionally equivalent
to the GEPS 2 contracts filed previously, despite minor differences in
both the general language and for customer-specific information, all of
which are highlighted in the Notice. Id. at 3-8.
The Postal Service contends that several factors demonstrate the
contract's functional equivalence with previous GEPS 2 contracts,
including the general terms of the contract, the market to which it is
being offered, and its cost characteristics. Id. at 3. The Postal
Service concludes that because the ``GEPS agreements incorporate the
same cost attributes and methodology, the relevant cost and market
characteristics are similar, if not the same...'' despite any
incidental differences. Id. at 8.
The Postal Service contends that its filings demonstrate that this
new GEPS 2 contract is established in compliance with the requirements
of 39 U.S.C. 3633, is functionally equivalent to previous GEPS 2
contracts, and requests that this contract be included within the GEPS
2 product. Id.
II. Notice of Filing
The Commission establishes Docket No. CP2010-23 for consideration
of matters related to the contract identified 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,
3622 or 3642. Comments are due no later than February 19, 2010. The
public portions of these filings can be accessed via the Commission's
Web site (http://www.prc.gov).
The Commission appoints Paul Harrington to serve as Public
Representative in the captioned filings.
[[Page 7297]]
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket No. CP2010-23 for
consideration of matters raised by the Postal Service's Notice.
2. Comments by interested persons in these proceedings are due no
later than February 19, 2010.
3. Pursuant to 39 U.S.C. 505, Paul 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. 2010-3061 Filed 2-17-10; 8:45 am]
BILLING CODE 7710-FW-S