[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Notices]
[Pages 11532-11533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4684]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2011-61; Order No. 680]


New Postal Product

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: This document addresses a recent Postal Service filing 
concerning an additional International Business Reply Service (IBRS) 
Competitive Contract 3. It identifies preliminary procedural steps and 
invites public comment. It also grants an extension of the current 
contract.

DATES: Comments are due: March 3, 2011.

ADDRESSES: Submit comments electronically by accessing the ``Filing 
Online'' link in the banner at the top of the Commission's Web site 
(http://www.prc.gov) or by directly accessing the Commission's Filing 
Online system at https://www.prc.gov/prc-pages/filing-online/login.aspx. Commenters who cannot submit their views electronically 
should contact the person identified in FOR FURTHER INFORMATION CONTACT 
section as the source for case-related information for advice on 
alternatives to electronic filing.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
at 202-789-6820 (case-related information) or <a href="/cdn-cgi/l/email-protection#b6f2d9d5ddd3c2f7d2dbdfd8c5f6c6c4d598d1d9c0"><span class="__cf_email__" data-cfemail="df9bb0bcb4baab9ebbb2b6b1ac9fafadbcf1b8b0a9">[email protected]</span></a> 
(electronic filing assistance).

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    On February 18, 2011, the Postal Service filed a notice, pursuant 
to 39 CFR 3015.5, that it has entered into an additional International 
Business Reply Service (IBRS) Competitive contract.\1\ The instant 
contract is the successor of the IBRS Competitive contract which is the 
subject of Docket No. CP2010-22, which is scheduled to expire on 
February 28, 2011.\2\ Id. at 3. The Postal Service requests that the 
instant contract be included within the IBRS Competitive Contract 3 
product. Id. at 6.\3\
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    \1\ Notice of the United States Postal Service Filing of a 
Functionally Equivalent International Business Reply Service 
Competitive Contract 3 Negotiated Service Agreement, February 18, 
2011 (Notice).
    \2\ The Commission finds that an extension of the current 
contract is necessary to permit sufficient time for regulatory 
review of the instant contract. By this Order, the Commission 
extends the current agreement until March 31, 2011.
    \3\ The Postal Service will notify the mailer of the effective 
date within 30 days of receiving all necessary regulatory approvals. 
The contract will remain in effect for 1 year unless terminated 
earlier by either party. Id. Attachment 1 at 4.
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    In Docket Nos. MC2011-21 and CP2011-59, the Postal Service 
requested that the Commission add IBRS Competitive Contract 3 to the 
competitive product list, and that the contract filed in Docket No. 
CP2011-59 serve as the baseline contract for future functional 
equivalence analyses of the IBRS Competitive Contract 3 product.\4\ 
Docket Nos. MC2011-21 and CP2011-59 remain pending before the 
Commission.\5\
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    \4\ See Docket Nos. MC2011-21 and CP2011-59, Request of the 
United States Postal Service to Add International Business Reply 
Service Competitive Contract 3 to the Competitive Products List and 
Notice of Filing of Contract (Under Seal), February 11, 2011.
    \5\ The Postal Service Notice assumes the existence of the IBRS 
Competitive Contract 3 product. The Commission will review the 
instant contract in light of its final order in Docket Nos. MC2011-
21 and CP2011-59.
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    In support of its Notice, the Postal Service filed the following 
attachments:
    <bullet> Attachment 1--a redacted copy of the contract;
    <bullet> Attachment 2--a redacted copy of the certified statement 
required by 39 CFR 3015.5(c)(2);
    <bullet> Attachment 3--Governors' Decision No. 08-24, which 
establishes prices and classifications for the IBRS Contracts product, 
and includes Mail Classification Schedule language for IBRS contracts, 
formulas for pricing along with an analysis, certification of the 
Governors vote, and certification of compliance with 39 U.S.C. 3633(a); 
and
    <bullet> Attachment 4--an application for non-public treatment of 
materials to maintain the redacted portions of the contract, customer 
identifying information and related financial information under seal.
    Functional equivalence. The Postal Service asserts that the instant 
contract is functionally equivalent to the IBRS contracts previously 
filed. Notice at 4. It also asserts that the ``functional terms'' of 
the instant contract and the ``functional terms'' of the proposed 
baseline IBRS 3 Competitive Contract ``are the same, although other 
terms that do not directly change the nature of the agreements' basic 
obligations may vary.'' Id. To that end, the Postal Service indicates 
that prices under IBRS contracts may differ based on volume or postage 
commitments and when the agreement is signed. It identifies certain 
customer-specific information that distinguishes the instant contract 
from the proposed baseline agreement. Id. at 5.
    The Postal Service concludes that the instant contract complies 
with 39 U.S.C. 3633 and is functionally equivalent to the proposed IBRS 
Competitive Contract 3 baseline agreement in Docket Nos. MC2011-21 and 
CP2011-59. Id. at 6. It submits that the instant contract ``should be 
added to the proposed IBRS 3 product grouping.'' Id. at 4.

II. Notice of Filing

    The Commission establishes Docket No. CP2011-61 for consideration 
of matters raised by the Postal Service's Notice.
    The Commission appoints William C. Miller to serve as Public 
Representative in this docket.
    Comments. Interested persons may submit comments on whether the 
Postal Service's filings in the captioned docket are consistent with 
the policies of 39 U.S.C. 3632, 3633 or 39 CFR part 3015. Comments are 
due no later than March 3, 2011. The public portions of this filing can 
be accessed via the Commission's Web site (http://www.prc.gov).

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. CP2011-61 for 
consideration of the matters raised in this docket.
    2. Pursuant to 39 U.S.C. 505, William C. Miller is appointed to 
serve as officer

[[Page 11533]]

of the Commission (Public Representative) to represent the interests of 
the general public in this proceeding.
    3. Comments by interested persons in this proceeding are due no 
later than March 3, 2011.
    4. The current contract filed in Docket No. CP2010-22 for 
International Business Reply Service Competitive Contract 2 is 
authorized to continue in effect through March 31, 2011.
    5. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2011-4684 Filed 3-1-11; 8:45 am]
BILLING CODE 7710-FW-P


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