[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10577-10578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3984]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2012-16; Order No. 1230]


International Mail Contract

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recently-filed Postal Service 
request to enter into an additional International Business Reply 
Service contract. This document invites public comments on the request 
and addresses several related procedural steps.

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 the FOR FURTHER INFORMATION 
CONTACT section as the source for case-related information for advice 
on alternatives to electronic filing.

DATES: Comments are due: February 22, 2012.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
at 202-789-6820 (case-related information) or <a href="/cdn-cgi/l/email-protection#5c18333f3739281d383135322f1c2c2e3f723b332a"><span class="__cf_email__" data-cfemail="50143f333b352411343d393e23102022337e373f26">[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 13, 2012, the Postal Service filed a notice announcing 
that it has entered into an additional International Business Reply 
Service (IBRS) contract.\1\ The Postal Service asserts that the instant 
contract is functionally equivalent to the IBRS 3 baseline contract 
originally filed in Docket Nos. MC2009-14 and CP2009-20 and supported 
by Governors' Decision No. 08-24 attached to the Notice (IBRS 3 
baseline contract). Id. Attachment 3. The Notice explains that Order 
No. 684, which established IBRS Competitive Contracts 3 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 claims that 
the instant contract is the successor to the instrument that the 
Commission found to be eligible for inclusion in the IBRS Competitive 
Contract 3 product in Docket Nos. MC2011-21 and CP2011-59, on behalf of 
the same customer as in Docket No. CP2011-59. Id. at 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 13, 
2012 (Notice).
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    The instant contract. The Postal Service filed the instant contract 
pursuant to 39 CFR 3015.5. The Postal Service also contends that the 
instant contract is in compliance with Order No. 178. The instant 
contract is intended to be a successor to the IBRS Contract submitted 
in Docket Nos. MC2011-21 and CP2011-59, which is scheduled to expire on 
February 29, 2012. Id. at 2. The instant contract will remain in effect 
until March 1, 2014, unless termination of the agreement occurs 
earlier. Id. It may, however, be terminated by either party upon 30 
days' written notice. Id. Attachment 1 at 10.
    In support of its Notice, the Postal Service filed four attachments 
as follows:
    <bullet> Attachment 1--a redacted copy of the contract and 
applicable annexes;
    <bullet> Attachment 2--a certified statement required by 39 CFR 
3015.5(c)(2);
    <bullet> Attachment 3--a redacted copy of Governors' Decision No. 
08-24, which establishes prices and classifications for IBRS contracts, 
a description of applicable IBRS contracts, formulas for prices, an 
analysis of the formulas, a certification as to the formulas for prices 
offered under applicable IBRS contracts, 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 file 
supporting documents under seal.
    The Notice enumerates the reasons why the instant IBRS Competitive 
Contract allegedly fits within the Mail Classification Schedule 
language for IBRS Competitive Contract 3. The Postal Service identifies 
general contract terms that distinguish the instant contract from the 
IBRS 3 baseline contract, such as: An additional sentence in Article 15 
stating that the Postal Service may be required to file information in 
connection with the contract in other Commission dockets; and an 
additional Article 30 concerning Intellectual Property, Co-Branding, 
and Licensing. Id. at 5. The Postal Service states that the differences 
affect neither the fundamental service that the Postal Service is 
offering nor the fundamental structure of the contract. Id.
    The Postal Service concludes that its filing demonstrates that the 
new IBRS contract complies with the requirements of 39 U.S.C. 3633 and 
is functionally equivalent to the IBRS 3 baseline contract filed in 
Docket Nos. MC2011-21 and CP2011-59. Id. at 6. Therefore, it requests 
that the instant contract be included within the IBRS Competitive 
Contract 3 (MC2011-21) product. Id.

II. Notice of Filing

    The Commission establishes Docket No. CP2012-16 for consideration 
of 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. 3633 
and 39 CFR 3015.5. Comments are due no later than February 22, 2012. 
The public portions of this filing can be accessed via the Commission's 
Web site, http://www.prc.gov.
    The Commission appoints James F. Callow to serve as Public 
Representative in the captioned proceeding.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. CP2012-16 for 
consideration of matters raised by the Postal Service's Notice.
    2. Comments by interested persons in this proceeding are due no 
later than February 22, 2012.

[[Page 10578]]

    3. Pursuant to 39 U.S.C. 505, James F. Callow 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. 2012-3984 Filed 2-21-12; 8:45 am]
BILLING CODE P


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