[Federal Register Volume 75, Number 62 (Thursday, April 1, 2010)]
[Notices]
[Page 16526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7280]
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POSTAL REGULATORY COMMISSION
[Docket Nos. CP2010-30, CP2010-31 and CP2010-32; Order No. 430]
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 additional Global Expedited Package Services 2 (GEPS 2)
contracts to the Competitive Product List. This notice addresses
procedural steps associated with these filings.
DATES: Comments are due: April 5, 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:
Table of Contents
I. Introduction
II. Notice of Filing
III. Ordering Paragraphs
I. Introduction
On March 25, 2010, the Postal Service filed a notice announcing
that it has entered into three additional Global Expedited Package
Services 2 (GEPS 2) contracts.\1\ The Postal Service believes the
instant contracts are functionally equivalent to previously submitted
GEPS 2 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 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 Three
Functionally Equivalent Global Expedited Package Services 2
Negotiated Service Agreements and Application for Non-Public
Treatment of Materials Filed Under Seal, March 25, 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 1 year from the date the Postal Service
notifies the customer that all necessary regulatory approvals have been
received. Notice at 2-3.
In support of its Notice, the Postal Service filed four attachments
as follows:
1. Attachments 1A, 1B and 1C-redacted copies of the three contracts
and applicable annexes;
2. Attachments 2A, 2B and 2C-a certified statement required by 39
CFR 3015.5(c)(2) for each of the three contracts;
3. 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 and certification of the formulas and certification of the
Governors' vote; and
4. 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 2 contracts fit
within the Mail Classification Schedule language for GEPS 2. The Postal
Service identifies customer specific information, general contract
terms and other differences that distinguish the instant contracts from
the baseline GEPS 2 agreement, all of which are highlighted in the
Notice. Id. at 3-6. 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 GEPS 2 contracts filed previously
notwithstanding these differences. Id. at 6-7.
The Postal Service asserts that several factors demonstrate the
contracts' functional equivalence with previous GEPS 2 contracts,
including the product being offered, the market in which it is 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 6.
The Postal Service contends that its filings demonstrate that each
of the new GEPS 2 contracts comply with the requirements of 39 U.S.C.
3633 and is functionally equivalent to previous GEPS 2 contracts. It
also requests that the contracts be included within the GEPS 2 product.
Id. at 7.
II. Notice of Filing
The Commission establishes Docket Nos. CP2010-30, CP2010-31 and
CP2010-32 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,
3622 or 3642. Comments are due no later than April 5, 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 proceedings.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket Nos. CP2010-30, CP2010-31 and
CP2010-32 for consideration of matters raised by the Postal Service's
Notice.
2. Comments by interested persons in these proceedings are due no
later than April 5, 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. 2010-7280 Filed 3-31-10; 8:45 am]
BILLING CODE 7710-FW-S