Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices 593 

3The fully executed contract was filed as 

Attachment 1 to the Signed Contract Notice. 

1Notice of United States Postal Service of Filing 

a Functionally Equivalent Global Expedited 

Package Services 3 Negotiated Service Agreement 

and Application for Non-Public Treatment of 

Materials Filed under Seal, December 28, 2010; 

Notice of the United States Postal Service of Errata 

to Notice of Filing a Functionally Equivalent Global 

Expedited Package Services 3 Negotiated Service 

Agreement and Application for Non-Public 

Treatment of Materials Filed Under Seal (together, 

Notice). 

2Notice of the United States Postal Service of 

Filing a Signed Global Expedited Package Services 

3 Negotiated Service Agreement, December 29, 

2010, at 1 (Revised Notice). 

3Notice at 1, Attachment 3; see Decision of the 

Governors of the United States Postal Service on the 

Establishment of Prices and Classifications for 

Global Expedited Package Services Contracts, 

Continued 

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: 

• Attachment 1—a redacted copy of 

the draft contract and an applicable 

annex; 3

• Attachment 2—a certified statement 

required by 39 CFR 3015.5(c)(2); 

• 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 

• 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 

POSTAL REGULATORY COMMISSION 

[Docket No. CP2011–54; Order No. 631] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently-filed Postal Service request to 

add a Global Expedited Package 

Services 3 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 stephen.sharfman@prc.gov or 202– 

789–6824. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Notice of Filing 

III. Ordering Paragraphs 

I. Background 

On December 28, 2010, the Postal 

Service filed a notice announcing that it 

intends to enter into an additional 

Global Expedited Package Services 3 

(GEPS 3) contract.1 In its initial filing, 

the Postal Service included a draft of the 

contract, noting that a final agreement 

would be executed soon. Id. at 1 n.2. On 

December 29, 2010, the Postal Service 

submitted a redacted signed copy of the 

contract, replacing the draft version 

originally filed in the Notice.2 The 

Postal Service also submitted a 

nonpublic version of the signed 

agreement separately under seal, also 

substituting the version originally filed. 

Revised Notice at 1–2. 

GEPS contracts provide incentives for 

businesses that mail products directly to 

foreign destinations using Express Mail 

International, Priority Mail 

International, or both. Notice at 4. The 

Postal Service asserts that the instant 

contract is supported by Governors’ 

Decision No. 08–7, which is attached to 

the Notice and was originally filed in 

Docket No. CP2008–4.3


jlentini on DSKJ8SOYB1PROD with NOTICES
594 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices 

Docket No. CP2008–4, issued May 6, 2008 

(Governors’ Decision No. 08–7). 4 Docket Nos. MC2010–28 and CP2010–71, Order 

Approving Global Expedited Package Services 3 

Negotiated Service Agreement, July 29, 2010 (Order 

No. 503). 5The Postal Service filed a redacted copy of the 

signed agreement as Attachment 1 to the Revised 

Notice. 

6Revised Notice at 6 (citing Docket Nos. CP2008– 

8, CP2008–9, and CP2008–10, Order No. 85, Order 

Concerning Global Plus Negotiated Service 

Agreements, June 27, 2008, at 8). 

The Postal Service believes that the 

instant agreement should be included 

within the GEPS 3 product because it is 

functionally equivalent to the contract 

filed in Docket No. CP2010–71.4 The 

Postal Service explains that, in Docket 

No. CP2010–71, the Commission added 

GEPS 3 to the competitive product list 

and established the contract filed as the 

GEPS 3 baseline agreement for 

comparing other functionally equivalent 

contracts. Notice at 1–2 (citing Order 

No. 503 at 7). It states that other GEPS 

contracts may be included within the 

GEPS 3 product if they are functionally 

equivalent to the GEPS 3 baseline 

agreement and meet the requirements of 

39 U.S.C. 3633. Id. at 2. 

The instant contract. The Postal 

Service filed the instant contract in 

accordance with 39 CFR 3015.5. The 

term of the instant agreement is 5 years 

from the effective date unless either 

party terminates the agreement sooner. 

Id. at 3; Revised Notice, Attachment 1 

at 7. The Postal Service will notify the 

other party of the effective date within 

30 days after receiving all necessary 

regulatory approvals. Revised Notice, 

Attachment 1 at 7. The effective date 

will be no earlier than February 17, 

2011. Id. 

To support the Notice, the Postal 

Service filed four attachments as 

follows: 

• Attachment 1—a redacted copy of 

the contract and an applicable annex; 5

• Attachment 2—a certified statement 

required by 39 CFR 3015.5(c)(2); 

• Attachment 3—a redacted copy of 

Governors’ Decision No. 08–7 (with 

attachments) establishing prices and 

classifications for GEPS contracts and a 

certification of the Governors’ vote; and 

• Attachment 4—an application for 

non–public treatment of materials to 

maintain redacted portions of the 

contract, related financial information, 

and customer-identifying information 

under seal. 

The Postal Service contends that the 

instant agreement fits within the Mail 

Classification Schedule (MCS) language 

for GEPS contracts included in 

Governors’ Decision No. 08–7, but 

understands that the Commission 

considers the language illustrative until 

the MCS is completed. Notice at 3 

(citing Order No. 86 at 6). 

The Notice advances reasons why the 

instant GEPS 3 contract is functionally 

equivalent to the GEPS 3 baseline 

agreement in Docket No. CP2010–71. Id. 

at 3. The Postal Service believes that the 

instant contract shares similar cost and 

market characteristics with both the 

baseline agreement and previous GEPS 

contracts. Id. at 3–4. It also asserts that 

the instant contract fits within the 

parameters outlined by Governors’ 

Decision No. 08–7 establishing the rates 

for GEPS agreements. Id. at 4. 

The Postal Service identifies several 

differences between the instant contract 

and the GEPS 3 baseline agreement, 

including customer-specific 

information, payment method, 

minimum revenue commitment, and 

term. Id. at 4–6. Despite these 

differences, the Postal Service asserts 

that the instant contract is ‘‘functionally 

equivalent in all pertinent respects’’ to 

the GEPS 3 baseline agreement.6

The Postal Service concludes that its 

filing demonstrates that the instant 

GEPS 3 contract complies with the 

requirements of 39 U.S.C. 3633 and is 

functionally equivalent to the GEPS 3 

baseline agreement. Notice at 6. 

Therefore, it requests that the 

Commission add the instant contract to 

the GEPS 3 product grouping. Id. 

II. Notice of Filing 

The Commission establishes Docket 

No. CP2011–54 to consider matters 

related to the contract identified in the 

Postal Service’s Notice. 

Interested persons may submit 

comments on whether the Postal 

Service’s contract is consistent with the 

policies of 39 U.S.C. 3632, 3633, or 39 

CFR part 3015. Comments are due no 

later than January 10, 2011. The public 

portions of this filing 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 captioned 

proceeding. 

III. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

No. CP2011–54 to consider matters 

raised by the Postal Service’s 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. 2010–33317 Filed 1–4–11; 8:45 am] 

BILLING CODE 7710–FW–P 

POSTAL SERVICE 

Board of Governors; Sunshine Act 

Meeting 

TIMES AND DATES: 4 p.m., Monday, 

January 10, 2011; and 9 a.m., Tuesday, 

January 11, 2011. 

PLACE: Long Beach, California, at the 

Renaissance Hotel, 111 East Ocean 

Boulevard. 

STATUS: (Closed). 

MATTERS TO BE CONSIDERED: 

Monday, January 10, at 4 p.m. (Closed) 

1. Financial Matters. 

2. Pricing. 

3. Strategic Issues. 

4. Personnel Matters and 

Compensation Issues. 

5. Governors’ Executive Session— 

Discussion of prior agenda items and 

Board Governance. 

Tuesday, January 11, at 9 a.m. (Closed) 

1. Continuation of Monday’s agenda. 

CONTACT PERSON FOR MORE INFORMATION: 

Julie S. Moore, Secretary of the Board, 

U.S. Postal Service, 475 L’Enfant Plaza, 

SW., Washington, DC 20260–1000. 

Telephone (202) 268–4800. 

Julie S. Moore, 

Secretary. 

[FR Doc. 2010–33358 Filed 1–3–11; 4:15 pm] 

BILLING CODE 7710–12–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Filings and 

Information Services, Washington, DC 

20549. 

Extension: 

Rule 301 and Forms ATS and ATS–R; SEC 

File No. 270–451; OMB Control No. 

3235–0509. 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) has submitted to the 


jlentini on DSKJ8SOYB1PROD with NOTICES