[Federal Register Volume 75, Number 54 (Monday, March 22, 2010)]
[Notices]
[Pages 13611-13612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6170]


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POSTAL REGULATORY COMMISSION

[Docket No. MC2010-20; Order No. 423]


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 transfer selected Post Office Box Service locations from the 
Market Dominant Product List to the Competitive Product List. This 
notice addresses procedural steps associated with that filing.

DATES:  Comments are due: March 31, 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, 
202-789-6820 or [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 13612]]

Table of Contents

I. Introduction
II. Notice of Filing
III. Ordering Paragraphs
I. Introduction
    On March 12, 2010, the Postal Service filed a request, pursuant to 
39 U.S.C. 3642 and 39 CFR 3020.30 et seq., to add a new product to the 
Competitive Product List. More specifically, it proposes to transfer a 
small segment of Post Office Box Service, currently classified as a 
market dominant product and part of the Special Services class, to the 
Competitive Product List.\1\
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    \1\ Request of the United States Postal Service, March 12, 2010 
(Request); see also Notice of the United States Postal Service of 
Filing of USPS-MC2010-20/NP1, March 12, 2010.
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    The Postal Service supports its Request with conforming Mail 
Classification Schedule (MCS) language as Attachment A, a Statement of 
Supporting Justification as required by 39 CFR 3020.32 as Attachment B, 
an application for non-public treatment of materials, and a redacted 
version of the spreadsheet used to calculate revenue as Attachments C 
and D, respectively. Id. at 3. The Postal Service separately filed a 
non-public version of the spreadsheet.
    In the Statement of Supporting Justification, Nan McKenzie, 
Manager, Special Services, asserts that the transfer of Post Office Box 
Service in a few locations will not impair the ability of competitive 
products as a whole to comply with 39 U.S.C. 3633(a)(3).  Id., 
Attachment B, at 4. Thus, Ms. McKenzie contends there will be no issue 
of subsidization of competitive products by market dominant products as 
a result of the proposed change. Id. Post Office Box Service offers 
secure mail delivery to a receptacle for a fee. The Postal Service 
states that it intends to establish the new product by moving Post 
Office Box Service from the Market Dominant Product List to the 
Competitive Product List in a small number of locations where 
competitive alternatives exist. Request at 1. The Postal Service 
describes its initial proposal as modest, involving ``a few box 
sections where competitive conditions can be already demonstrated.'' 
Id. It contends because of the limited number of boxes under 
consideration, the initial proposal ``does not require detailed 
examination of costing and other issues.'' Id. The Postal Service 
states that in the event a more substantial transfer of box sections is 
proposed, costing and other issues can be addressed in more detail. Id. 
It asserts that all of the box sections subject to transfer are in fee 
group 1 areas, and the proposed transfer of service amounts to less 
than 0.5 percent of the market dominant Post Office Box product's 
revenue. Id. at 2-3. The Postal Service notes that it is undertaking a 
comprehensive evaluation of all Post Office Box locations and may 
propose additional transfers if justified. Id. at 2.
    The Postal Service contends that a Governors' Decision is not 
required for this request because it does not propose any changes in 
the parameters of Post Office Box Service, the proposed MCS language is 
only modified to identify box locations for the competitive product, 
the transfer includes only fee group 1 prices, and excludes provisions 
applicable to Group E boxes which are the only method of delivery for 
certain customers.\2\
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    \2\ The Postal Service notes that the MCS language it offers is 
based on the current market dominant Post Office Box language with 
changes necessary to identify the competitive product. It also 
states that the Group E boxes in the affected ZIP Code locations 
that are not being included in the transfer are still a part of the 
Post Office Box Service under evaluation, and Group E boxes may be 
addressed in the future.
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    Additionally, the Postal Service advances reasons for the proposed 
changes to the Post Office Box Service product in conformity with 39 
CFR 3020.31, which include: (1) It is not a special classification 
pursuant to 39 U.S.C. 3622(c)(10) for market dominant products; (2) 
upon transfer to the Competitive Product List, it will not be a product 
not of general applicability in accordance with 39 U.S.C. 3632(b)(3) 
for competitive products; and (3) it is not a nonpostal product. Id. at 
3.
    The Postal Service contends that ``transferring a small portion of 
Post Office box service is appropriate at this time, and is consistent 
with the standards of section 3642.'' Id. In its Request, the Postal 
Service maintains that the supporting financial information, including 
the calculation of revenue for the ZIP Code locations subject to 
transfer, should remain under seal. Id., Attachment C.
    The Postal Service states it will concurrently file a notice 
explaining these changes in the Federal Register. Id. at 4.
    The Postal Service urges the Commission to approve the Request. Id. 
at 3.

II. Notice of Filing

    The Commission establishes Docket No. MC2010-20 for consideration 
of matters identified in the Postal Service's Request.
    The Commission appoints James Callow and Jeremy Simmons to 
represent the interests of the general public in this proceeding.
    Comments. Pursuant to section 3020.33, interested persons may 
submit comments on whether the planned transfer is consistent with the 
policies of 39 U.S.C. 3633 and 3642 and 39 CFR 3020.30 et seq., subpart 
B. Comments are due no later than March 31, 2010. The public portions 
of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. MC2010-20 for 
consideration of the matters raised in this docket.
    2. Pursuant to 39 U.S.C. 505, James Callow and Jeremy Simmons are 
appointed to serve as officers of the Commission (Public 
Representatives) to represent the interests of the general public in 
these proceedings.
    3. Comments by interested persons in these proceedings are due no 
later than March 31, 2010.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2010-6170 Filed 3-19-10; 8:45 am]
BILLING CODE 7710-FW-S