[Federal Register Volume 75, Number 149 (Wednesday, August 4, 2010)]
[Notices]
[Pages 47033-47034]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19104]


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POSTAL REGULATORY COMMISSION

[Docket Nos. CP2010-84, CP2010-85, CP2010-86, CP2010-87, CP2010-88 and 
CP2010-89; Order No. 502]


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 six Global Expedited Package Services 3 contracts to the 
competitive product list. This notice addresses procedural steps 
associated with the filing.

DATES:  Comments are due: August 6, 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, 
stephen.sharfman@prc.gov or 202-789-6820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. Notice of Filing
III. Ordering Paragraphs

I. Introduction

    On July 28, 2010, the Postal Service filed a notice announcing that 
it has entered into six 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

[[Page 47034]]

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 Docket Nos. MC2010-28 and CP2010-71, the 
Postal Service requested that the Commission add GEPS 3 to the 
competitive product list.\3\ Additionally, the Postal Service requested 
to have the contract in Docket No. CP2010-71 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 Filing of Six 
Functionally Equivalent Global Expedited Package Services 3 
Negotiated Service Agreements and Application for Non-Public 
Treatment of Materials Filed Under Seal, July 28, 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).
    \3\ Docket Nos. MC2010-28 and CP2010-71, Notice and Request of 
the United States Postal Service to Add Global Expedited Package 
Services 3 to the Competitive Products List and Notice of Filing of 
Functionally Equivalent Negotiated Service Agreement and Application 
for Non-Public Treatment of Materials Filed Under Seal, July 14, 
2010.
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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 3.
    In support of its Notice, the Postal Service filed four attachments 
as follows:
     Attachments 1A, 1B, 1C, 1D, 1E and 1F--redacted copies of 
the six contracts and applicable annexes;
     Attachments 2A, 2B, 2C, 2D, 2E and 2F--a certified 
statement required by 39 CFR 3015.5(c)(2) for each of the six 
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 and certification 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 in spite of differences including 
updates and volume or postage commitments of customers, the changes do 
not alter the contracts' functional equivalency. Id. at 4-5. The Postal 
Service asserts that ``[b]ecause the agreements incorporate the same 
cost attributes and methodology, the relevant characteristics of these 
six GEPS contracts are similar, if not the same, as the relevant 
characteristics of previously filed contracts.'' Id. at 5.
    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. CP2010-84, CP2010-85, 
CP2010-86, CP2010-87, CP2010-88 and CP2010-89 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 6, 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. CP2010-84, CP2010-85, 
CP2010-86, CP2010-87, CP2010-88 and CP2010-89 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 6, 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. 2010-19104 Filed 8-3-10; 8:45 am]
BILLING CODE 7710-FW-S