[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Notices]
[Pages 80858-80859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32220]


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POSTAL REGULATORY COMMISSION

[Docket Nos. MC2011-9 and CP2011-44; Order No. 610]


New Postal Product

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recently-filed Postal Service 
request to add Priority Mail Contract 30 to the competitive product 
list. This notice addresses procedural steps associated with this 
filing.

DATES: Comments are due: December 29, 2010.

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

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
<a href="/cdn-cgi/l/email-protection#611215041109040f4f12090013070c000f211113024f060e17"><span class="__cf_email__" data-cfemail="611215041109040f4f12090013070c000f211113024f060e17">[email protected]</span></a> or 202-789-6820.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    Pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal 
Service filed a formal request and associated supporting information to 
add Priority Mail Contract 30 to the competitive product list.\1\ The 
Postal Service asserts that Priority Mail Contract 30 is a competitive 
product ``not of general applicability'' within the meaning of 39 
U.S.C. 3632(b)(3). Id. at 1. The Postal Service states that prices and 
classification underlying this contract are supported by Governors' 
Decision No. 09-6 in Docket No. MC2009-25. Id. The Request has been 
assigned Docket No. MC2011-9.
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    \1\ Request of the United States Postal Service to Add Priority 
Mail Contract 30 to Competitve Product List and Notice of Filing 
(Under Seal) of Contract and Support Data, December 15, 2010 
(Request)
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    The Postal Service contemporaneously filed a contract related to 
the proposed new product pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 
3015.5. It states the instant contract is the immediate successor to 
the Priority Mail Contract 1 contract in Docket Nos. MC2008-8 and 
CP2008-26. The current contract expires on December 31, 2010.\2\ The 
instant contract has been assigned Docket No. CP2011-44.
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    \2\ The contract for Priority Mail Contract 1 was originally set 
to expire on October 15, 2010. In order No. 560, the Commission 
granted the Postal Service's motion for temporary relief allowing 
the contract to remain in effect until November 30, 2010, based on 
the expectation that the Postal Service would file the successor 
contract promptly. See Docket Nos. MC2008-8 and CP2008-26, Motion of 
the United States Postal Service for Temporary Relief, October 14, 
2010, at 1. Obn November 29, 2010, the Postal Service filed a motion 
requesting an additional extension for the contract for Priority 
Mail Contract 1. In Order No. 598, the Commission granted the Postal 
Service's motion for temporary relief allowing the contrat to remain 
in effect until December 31, 2010. By this order, the commission 
extends the effective date of the contract for Priority Mail 
Contract 1 until January 31, 2011.
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    Request. In support of its Request, the Postal Service filed six 
attachments as follows:
    <bullet> Attachment A--a redacted copy of Governors' Decision No. 
09-6, originally filed in Docket No. MC2009-25, authorizing certain 
Priority Mail contracts;
    <bullet> Attachment B--a redacted copy of the contract;
    <bullet> Attachment C--a proposed change in the Mail Classification 
Schedule competitive product list;
    <bullet> Attachment D--a Statement of Supporting Justification as 
required by 39 CFR 3020.32;
    <bullet> Attachment E--a certification of compliance with 39 U.S.C. 
3633(a); and
    <bullet> Attachment F--an application for non-public treatment of 
materials to

[[Page 80859]]

maintain redacted portions of the contract and supporting documents 
under seal.
    In the Statement of Supporting Justification, Josen Punnoose, 
Manager, Shipping Support (A), Shipping Services, asserts that the 
service to be provided under the contract will cover its attributable 
costs, make a positive contribution to institutional costs, and 
increase contribution toward the requisite 5.5 percent of the Postal 
Service's total institutional costs. Id., Attachment D. Thus, Mr. 
Punnoose contends there will be no issue of subsidization of 
competitive products by market dominant products as a result of this 
contract. Id.
    Related contract. A redacted version of the specific Priority Mail 
Contract 30 is included with the Request. The contract will become 
effective on the day that the Commission provides all necessary 
regulatory approvals. The contract states it ``shall expire 3 years 
from the effective date, unless (1) terminated by either Party with 30 
days notice to the other Party in writing * * * .'' The Postal Service 
represents that the contract is consistent with 39 U.S.C. 3633(a). Id., 
Attachment D.
    The Postal Service filed much of the supporting materials, 
including the specific Priority Mail Contract 30, under seal. It 
maintains that the contract and related financial information, 
including the customer's name and the accompanying analyses that 
provide prices, terms, conditions, cost data, and financial projections 
should remain under seal. Id., Attachment F. It also requests that the 
Commission order that the duration of such treatment of all customer-
identifying information be extended indefinitely, instead of ending 
after 10 years. Id. at 7.

II. Notice of Filings

    The Commission establishes Docket Nos. MC2011-9 and CP2011-44 for 
consideration of the Request pertaining to the proposed Priority Mail 
Contract 30 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 and 39 CFR part 3015 and 39 
CFR 3020, subpart B. Comments are due no later than December 29, 2010. 
The public portions of these filings can be accessed via the 
Commission's Web site (http://www.prc.gov).
    The Commission appoints Derrick D. Dennis to serve as Public 
Representative in these dockets.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket Nos. MC2011-9 and CP2011-44 
for consideration of the matters raised in each docket.
    2. Pursuant to 39 U.S.C. 505, Derrick D. Dennis is appointed to 
serve as 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 December 29, 2010.
    4. The current contract filed in Docket Nos. MC2008-8 and CP2008-26 
for Priority Mail Contract 1 is authorized to continue in effect 
through January 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. 2010-32220 Filed 12-22-10; 8:45 am]
BILLING CODE 7710-FW-P


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