[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Notices]
[Page 36796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14515]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2013-41; Order No. 1748]


 Postal Product Amendment

AGENCY: Postal Regulatory Commission.

ACTION: Notice

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SUMMARY: The Commission is amending an existing Express Mail negotiated 
service agreement. This notice informs the public of the filing, 
invites public comment, and takes other administrative steps.

DATES: Comments are due: June 20, 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. Notice of Filing
III. Ordering Paragraphs

I. Introduction

    On June 12, 2013, the Postal Service filed notice that it has 
agreed to an amendment to the existing Express Mail Contract 13 
(Amendment), which was added to the competitive product list in this 
docket.\1\ In its Notice, the Postal Service includes Attachment A, a 
redacted copy of the Amendment. It also filed the unredacted Amendment 
and supporting financial information under seal.
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    \1\ Notice of United States Postal Service of Change in Prices 
Pursuant to Amendment to Express Mail Contract 13, June 12, 2013 
(Notice).
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    The Postal Service asserts that the Amendment will become effective 
one day after the day that the Commission completes its review. Id. at 
1. It also seeks to incorporate by reference the Application for Non-
Public Treatment originally filed in this docket for the protection of 
the information that it has filed under seal. Id.
    The Amendment changes the annual adjustment mechanism for the 
second and third years of the contract. Id. Attachment A at 1. While 
the initial contract failed to include an annual adjustment provision, 
the Amendment bases the price increases for the second and third years 
of the agreement on the lesser of the average increase in prices of 
general applicability for ``Express Mail Commercial Plus'' or the 
previous year's prices plus an adjustment factor. Id.
    In Order No. 1640, the Commission conditionally approved the 
contract's 3-year term on the Postal Service's representations that the 
standard annual adjustment provision was inadvertently excluded from 
the contract and an amendment to the contract would be filed to remedy 
the exclusion.\2\ The Commission found that ``[i]f the forthcoming 
amendment contains only the standard annual adjustment provision . . . 
the contract is authorized for the three-year term.'' Id. at 5-6. 
However, the Commission cautioned that if the amendment were to differ 
from the standard annual adjustment provision or contain additional 
terms, the Commission would notice the Amendment for comment prior to 
making a determination on the contract's further approval. Id. at 6. 
Since the adjustment provision differs from the standard adjustment 
provision, the Commission is noticing the Amendment for comment.
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    \2\ Order Adding Express Mail Contract 13 to the Competitive 
Product List and Conditionally Approving the Associated Negotiated 
Service Agreement, January 25, 2013, at 5 (Order No. 1640).
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II. Notice of Filing

    Interested persons may submit comments on whether the changes 
presented in the Postal Service's Notice are consistent with the 
policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR 3015.5, and 39 CFR 
part 3020, subpart B. Comments are due no later than June 20, 2013. The 
public portions of these filings can be accessed via the Commission's 
Web site (http://www.prc.gov).
    Lawrence Fenster will continue to serve as Public Representative in 
this docket.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission shall reopen Docket No. CP2013-41 to consider the 
amendment to Express Mail Contract 13.
    2. Pursuant to 39 U.S.C. 505, Lawrence Fenster is appointed to 
continue to serve as an officer of the Commission (Public 
Representative) to represent the interests of the general public in 
these proceedings.
    3. Comments by interested persons in these proceedings are due no 
later than June 20, 2013.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2013-14515 Filed 6-18-13; 8:45 am]
BILLING CODE 7710-FW-P