Federal Register, Volume 78 Issue 114 (Thursday, June 13, 2013)

[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Notices]
[Page 35650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14062]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2013-65; Order No. 1740]


New Postal Product

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recent-filed Postal Service 
request to add an additional negotiated service agreement with 
Germany's foreign postal operator, Deutsche Post. This notice informs 
the public of the filing, invites public comment, and takes other 
administrative steps.

DATES: Comments are due: June 14, 2013.

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 June 6, 2013, 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 Germany's foreign postal operator, 
Deutsche Post.\1\ The Postal Service seeks to have the inbound portion 
of the Agreement, which concerns delivery of inbound Air and Surface 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 3.
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    \1\ United States Postal Service Notice of Filing Functionally 
Equivalent Inbound Competitive Multi-Service Agreement with a 
Foreign Postal Operator (Deutsche Post), June 6, 2013 (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, redacted 
financial workpapers, and four attachments. Attachment 1 is a redacted 
copy of the Agreement. Attachment 2 is the certified statement required 
by 39 CFR 3015.5(c)(2). Attachment 3 is a redacted copy of Governors' 
Decision No. 10-3. Attachment 4 is an application for non-public 
treatment of material.
    The Agreement's intended effective date is July 1, 2013. Id. at 2. 
The rates for inbound Air and Surface CP and EMS included in the 
Agreement are to remain in effect until either party terminates the 
Agreement in accordance with Article 9. Attachment 1 at 3. Article 9 
permits either party to terminate the Agreement at the end of a 
calendar quarter without cause upon 90 days written notice. Id.
    The Notice reviews the regulatory history of the Inbound 
Competitive Multi-Service Agreements with Foreign Operators 1 product 
and identifies the agreement with Koninklijke TNT Post BV and TNT 
Pakketservice Benelux BV (approved in Docket No. CP2010-95) as the 
baseline agreement for purposes of determining functional 
equivalence.\3\ Id. at 2-3. It asserts that the Agreement fits within 
applicable Mail Classification Schedule language and addresses 
functional equivalency with the baseline agreement, including 
similarity of cost characteristics. Id. at 4-5. The Postal Service also 
identifies differences between the Agreement and the baseline 
agreement, 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 5-8.
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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.
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III. Commission Action

    Notice of establishment of docket. The Commission establishes 
Docket No. CP2013-65 for consideration of matters 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, 3633, and 3642 and the 
requirements of 39 CFR parts 3015 and 3020. Comments are due no later 
than June 14, 2013. 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. CP2013-65 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 June 14, 2013.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2013-14062 Filed 6-12-13; 8:45 am]
BILLING CODE 7710-FW-P