[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Notices]
[Pages 592-593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33315]


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POSTAL REGULATORY COMMISSION

[Docket Nos. CP2011-55; Order No. 633]


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 an additional Global Reseller Expedited Package contract 
to the competitive product list. This notice addresses procedural steps 
associated with the filing.

DATES: Comments are Due: January 10, 2011.

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

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
at <a href="/cdn-cgi/l/email-protection#ec9f98899c848982c29f848d9e8a818d82ac9c9e8fc28b839a"><span class="__cf_email__" data-cfemail="4b383f2e3b232e256538232a392d262a250b3b3928652c243d">[email protected]</span></a> or 202-789-6824.

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    On December 28, 2010, the Postal Service filed a notice announcing 
that it intends to enter into an additional Global Reseller Expedited 
Package (GREP) contract.\1\ The Postal Service noted that:
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    \1\ Notice of United States Postal Service of Filing a 
Functionally Equivalent Global Reseller Expedited Package Negotiated 
Service Agreement and Application For Non-Public Treatment of 
Materials Filed Under Seal, December 28, 2010 (Notice).

    Although both parties have yet to sign the agreement filed in 
this docket, the course of negotiations and the timing of this 
filing in relation to other filings have led the Postal Service to 
submit the agreement in its present state. The agreement is expected 
to be executed soon. The Postal Service will supplement this filing 
once the agreement is executed, and will advise of any substantive 
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changes to the text.

Notice at 1 n.2. The Postal Service filed the executed contract on 
December 29, 2010.\2\ The Postal Service believes that the instant 
contract is functionally equivalent to the previously submitted GREP 
contract, and is supported by Governors' Decision No. 10-1, attached to 
the Notice and originally filed in Docket No. CP2010-36. Id. at 1, 
Attachment 3. The Notice explains that Order No. 445, which established 
GREP Contracts 1 as a product, also authorized functionally equivalent 
agreements to be included within the product, provided that they meet 
the requirements of 39 U.S.C. 3633. Id. at 1-2. Additionally, the 
Postal Service requested to have the contract in Docket No. CP2010-36 
serve as the baseline contract for future functional equivalence 
analyses of the GREP Contracts 1 product.
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    \2\ Notice of the United States Postal Service of Filing a 
Signed Global Reseller Expedited Package Negotiated Service 
Agreement, December 29, 2010 (Signed Contract Notice).
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    The instant contract. The Postal Service filed a draft contract in 
this case

[[Page 593]]

pursuant to 39 CFR 3015.5 with its Notice. The Postal Service then 
filed the fully executed contract one day later. The Postal Service 
contends that the contract is in accordance with Order No. 445. The 
term of the contract is currently set at 5 calendar years from the date 
the Postal Service notifies the customer that it is willing to accept 
mail under the contract terms and all necessary regulatory approvals 
have been received. Signed Contract Notice, Attachment 1 at 8. The 
contract start date may be no earlier than February 17, 2011. The 
contract may also be terminated by either party on not less than 30 
days' written notice. Id.
    In support of its Notice, the Postal Service filed four attachments 
as follows:
    <bullet> Attachment 1--a redacted copy of the draft contract and an 
applicable annex; \3\
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    \3\ The fully executed contract was filed as Attachment 1 to the 
Signed Contract Notice.
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    <bullet> Attachment 2--a certified statement required by 39 CFR 
3015.5(c)(2);
    <bullet> Attachment 3--a redacted copy of Governors' Decision No. 
10-1 which establishes prices and classifications for GREP contracts, a 
description of applicable GREP contracts, formulas for prices, an 
analysis of the formulas, and certification of the Governors' vote; and
    <bullet> Attachment 4--an application for non-public treatment of 
materials to maintain redacted portions of the contract and supporting 
documents under seal.
    The Notice advances reasons why the GREP contract fits within the 
Mail Classification Schedule language for GREP Contracts 1. The Postal 
Service identifies customer-specific information and general contract 
terms that distinguish the contract from the baseline GREP agreement. 
It states that the contract differs from the contract in Docket No. 
CP2010-36 pertaining to customer-specific information, e.g., customer's 
name, address, representative, signatory, term, provisions for mail 
tender options, applicable discounts, notice of postage changes, 
minimum revenue, as well as several other conditions. Id. at 4-6. The 
Postal Service states that the differences, which include price 
variations based on updated costing information, do not alter the 
contract's functional equivalency. Id. at 3-4. The Postal Service 
asserts that ``[b]ecause the agreement incorporates the same cost 
attributes and methodology, the relevant characteristics of this GREP 
contract are similar, if not the same, as the relevant characteristics 
of the contract filed in Docket No. CP2010-36.'' Id. at 4.
    The Postal Service concludes that its filings demonstrate that the 
new GREP contract complies with the requirements of 39 U.S.C. 3633 and 
is functionally equivalent to the baseline GREP contract. It states 
that the differences do not affect the services being offered or the 
fundamental structure of the contract. Therefore, it requests that the 
instant contract be included within the GREP Contracts 1 product. Id. 
at 6.

II. Notice of Filing

    The Commission establishes Docket No. CP2011-55 for consideration 
of matters related to the Postal Service's Notice and Signed Contract 
Notice.
    Interested persons may submit comments on whether the Postal 
Service's filings are consistent with the policies of 39 U.S.C. 3632, 
3633, or 3642 no later than January 10, 2011. The public portions of 
these filings can be accessed via the Commission's Web site (http://www.prc.gov).
    The Commission appoints Paul L. Harrington to serve as Public 
Representative in the above-captioned proceeding.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. CP2011-55 for 
consideration of matters raised by the Postal Service's Notice and 
Signed Contract Notice.
    2. Comments by interested persons in this proceeding are due no 
later than January 10, 2011.
    3. Pursuant to 39 U.S.C. 505, Paul L. Harrington is appointed to 
serve as the officer of the Commission (Public Representative) to 
represent the interests of the general public in this proceeding.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2010-33315 Filed 1-4-11; 8:45 am]
BILLING CODE 7710-FW-P


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