Federal Register, Volume 77 Issue 238 (Tuesday, December 11, 2012)

[Federal Register Volume 77, Number 238 (Tuesday, December 11, 2012)]
[Notices]
[Pages 73699-73700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29779]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2013-24; Order No. 1566]


International Mail Contract

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recent Postal Service filing 
concerning an additional inbound competitive Multi-Service Agreements 
with Foreign Postal Operators 1 negotiated service agreement with Royal 
PostNL BV. This notice informs the public of the filing, invites public 
comment, and takes other administrative steps.

DATES: Comments are due: December 14, 2012.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov. Those who cannot submit comments 
electronically should contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section by telephone for advice on filing 
alternatives.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
at 202-789-6820.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. Contents of Filing
III. Commission Action
IV. Ordering Paragraphs

I. Introduction

    On December 4, 2012, the Postal Service filed a notice, pursuant to 
39 CFR 3015.5, stating that it has entered into an additional 
negotiated service agreement (Agreement) with the Netherlands' foreign 
postal operator Royal PostNL BV (PostNL).\1\ The Postal Service seeks 
to have the inbound portion of the Agreement, which concerns delivery 
of inbound Air CP \2\ and EMS in the United States, included within the 
Inbound Competitive Multi-Service Agreements with Foreign Postal 
Operators 1 (MC2010-34) product on the competitive product list. Notice 
at 1.
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    \1\ Notice of United States Postal Service of Filing 
Functionally Equivalent Inbound Competitive Multi-Service Agreement 
with a Foreign Postal Operator, December 4, 2012 (Notice).
    \2\ ``CP'' is an abbreviation used to identify or reference 
international parcel post (from the French phrase colis postaux, 
``postal package'').
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II. Contents of Filing

    The Postal Service's filing consists of the Notice, a public Excel 
file containing redacted financial workpapers, and four attachments. 
Attachment 1 is a redacted copy of the Agreement. Id. at 3. Attachment 
2 is the certified statement required by 39 CFR 3015.5(c)(2). Id. 
Attachment 3 is a redacted copy of the Governors' Decision No. 10-3. 
Id. Attachment 4 is an application for non-public treatment of 
unredacted material. Id. The Agreement's intended effective date is 
January 1, 2013. Id. at 4.
    The rates for inbound Air CP and EMS included in the Agreement are 
to remain in effect for 2 years after the Agreement's effective date, 
unless terminated sooner. Id. The Postal Service further notes that a 
TNT Agreement, in accordance with Article 22 of the TNT Agreement, 
automatically renewed on October 1, 2012, but pursuant to paragraph 3 
of Article 22 of the PostNL Agreement, the TNT Agreement is to expire 
the day prior to the effective date of the PostNL Agreement, if an 
effective date for the PostNL agreement is established. Id. at 3 n.5.
    The Postal Service reviews the regulatory history of the Inbound 
Competitive Multi-Service Agreements with Foreign Operators 1 product 
and identifies the TNT Agreement (approved in Docket No. CP2010-95) as 
the baseline agreement for purposes of determining the functional 
equivalence of the instant Agreement.\3\ Id. at 2. It asserts that the 
instant Agreement fits within applicable Mail Classification Schedule 
language and addresses functional equivalency with the baseline 
agreement, including similarity of cost characteristics. Id. at 3-7. 
The Postal Service also identifies differences between the two 
contracts, such as the addition of several articles, revisions to 
existing articles, and new annexes, but asserts that these differences 
do not detract from a finding of functional equivalency. Id. at 5-7.
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    \3\ The Postal Service identifies Governors' Decision No. 10-3 
as the enabling Governors' Decision. Id. at 5. The status of the TNT 
Agreement as the baseline agreement was confirmed in Docket No. 
CP2011-69, Order No. 840, Order Concerning an Additional Inbound 
Competitive Multi-Service Agreements with Foreign Postal Operators 1 
Negotiated Service Agreement, September 7, 2011. See id. at 2.
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III. Commission Action

    Notice of establishment of docket. The Commission establishes 
Docket No. CP2013-24 for consideration of matters

[[Page 73700]]

raised by the Notice. The Commission appoints James F. Callow to serve 
as Public Representative in this docket. Interested persons may submit 
comments on whether the Postal Service's filing in the captioned docket 
is consistent with the policies of 39 U.S.C. 3632 and 3633 and the 
requirements of 39 CFR part 3015. Comments are due no later than 
December 14, 2012. The public portions of this filing can be accessed 
via the Commission's Web site (http://www.prc.gov). Information on 
obtaining access to sealed material appears in 39 CFR part 3007.

IV. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. CP2013-24 for 
consideration of matters raised by the Postal Service's Notice.
    2. Pursuant to 39 U.S.C. 505, James F. Callow is appointed to serve 
as an officer of the Commission (Public Representative) to represent 
the interests of the general public in this proceeding.
    3. Comments are due no later than December 14, 2012.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2012-29779 Filed 12-10-12; 8:45 am]
BILLING CODE 7710-FW-P