[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Notices]
[Pages 70970-70971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28387]
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POSTAL REGULATORY COMMISSION
[Docket Nos. MC2014-6 and CP2014-7; Order No. 1887]
New Postal Product
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is noticing recent Postal Service filings
requesting the addition of Priority Mail Contract 68 to the competitive
product list. This notice informs the public of the filings, invites
public comment, and takes other administrative steps.
DATES: Comments are due: November 27, 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 Filings
III. Ordering Paragraphs
I. Introduction
In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the
Postal Service filed a request and associated supporting information to
add Priority Mail Contract 68 to the competitive product list.\1\ The
Postal Service asserts that Priority Mail Contract 68 is a competitive
product ``not of general applicability'' within the meaning of 39
U.S.C. 3632(b)(3). Id. at 1. The Request has been assigned Docket No.
MC2014-6.
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\1\ Request of the United States Postal Service to Add Priority
Mail Contract 68 to Competitive Product List and Notice of Filing
(Under Seal) of Unredacted Governors' Decision, Contract, and
Supporting Data, November 19, 2013 (Request).
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The Postal Service contemporaneously filed a redacted contract
related to the proposed new product. Id. Attachment B. The instant
contract has been assigned Docket No. CP2014-7.
Request. To support its Request, the Postal Service filed six
attachments as follows:
Attachment A--a redacted copy of Governors' Decision No.
11-6, authorizing the new product;
Attachment B--a redacted copy of the contract;
Attachment C--proposed changes to the Mail Classification
Schedule competitive product list with the addition underlined;
Attachment D--a Statement of Supporting Justification as
required by 39 CFR 3020.32;
Attachment E--a certification of compliance with 39 U.S.C.
3633(a); and
Attachment F--an application for non-public treatment of
materials to maintain redacted portions of the contract and related
financial information under seal.
In the Statement of Supporting Justification, Dennis R. Nicoski,
Manager, Field Sales Strategy and Contracts, asserts that the contract
will cover its attributable costs and increase contribution toward the
requisite 5.5 percent of the Postal Service's total institutional
costs. Id. Attachment D at 1. Mr. Nicoski contends that there will be
no issue of market dominant products subsidizing competitive products
as a result of this contract. Id.
Related contract. The Postal Service included a redacted version of
the related contract with the Request. Id. Attachment B. The contract
is scheduled to become effective one business day after the Commission
issues all necessary regulatory approval. Id. at 2. The contract will
expire February 1, 2014 unless, among other things, either party
terminates the agreement upon 30 days' written notice to the other
party or renewed by mutual agreement. Id. The contract also allows two
90-day extensions of the agreement if the preparation of a successor
agreement is active and the Commission is notified within at least 7
days of the contracts' expiration.\2\ The Postal Service represents
that the contract is consistent with 39 U.S.C. 3633(a).\3\
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\2\ Id. Previously, the Postal Service clarified that identical
language in Priority Mail Contract 60 ``contemplates the Postal
Service filing any notices of extension with the Commission at least
one week prior to the 3-year expiration date or the extended
expiration date.'' See Docket Nos. MC2013-54 and CP2013-70, Order
No. 1773, Order Adding Priority Mail Contract 60 to the Competitive
Product List, July 8, 2013, at 3; see also Docket Nos. MC2013-54 and
CP2013-70, Response of the United States Postal Service to
Chairman's Information Request No. 1, July 1, 2013, question 2.
\3\ Although the Request appears to state that the certification
only pertains to paragraphs (1) and (3) of 39 U.S.C. 3633(a), the
certification itself contains an assertion that the prices are in
compliance with 39 U.S.C. 3633(a)(1), (2), and (3). See Request at
2; Attachment E.
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The Postal Service filed much of the supporting materials,
including the related contract, under seal. Id. Attachment F. It
maintains that the redacted portions of the Governors' Decision,
contract, customer-identifying information, and related financial
information should remain confidential. Id. at 3. This information
includes the price structure, underlying costs and assumptions, pricing
formulas, information relevant to the customer's mailing profile, and
cost coverage projections. Id. The Postal Service asks the Commission
to protect customer-identifying information from public disclosure
indefinitely. Id. at 7.
[[Page 70971]]
II. Notice of Filings
The Commission establishes Docket Nos. MC2014-6 and CP2014-7 to
consider the Request pertaining to the proposed Priority Mail Contract
68 product and the related contract, respectively.
Interested persons may submit comments on whether the Postal
Service's filings in the captioned dockets 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 November 27, 2013.
The public portions of these filings can be accessed via the
Commission's Web site (http://www.prc.gov).
The Commission appoints Lyudmila Y. Bzhilyanskaya to serve as
Public Representative in these dockets.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket Nos. MC2014-6 and CP2014-7 to
consider the matters raised in each docket.
2. Pursuant to 39 U.S.C. 505, Lyudmila Y. Bzhilyanskaya is
appointed 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 November 27, 2013.
4. The Secretary shall arrange for publication of this order in the
Federal Register.
By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2013-28387 Filed 11-26-13; 8:45 am]
BILLING CODE 7710-FW-P