[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Notices]
[Pages 57087-57088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23203]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2010-104; Order No. 530]


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 a Global Expedited Package Services 3 contract to the 
competitive product list. This notice addresses procedural steps 
associated with this filing.

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#82f1f6e7f2eae7ecacf1eae3f0e4efe3ecc2f2f0e1ace5edf4"><span class="__cf_email__" data-cfemail="097a7d6c79616c67277a61687b6f64686749797b6a276e667f">[email protected]</span></a> or 202-789-6820.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    On September 1, 2010, the Postal Service filed a notice announcing 
that it has entered into an additional Global Expedited Package 
Services 3 (GEPS 3) contract.\1\ The Postal Service believes the 
instant contract is functionally equivalent to previously submitted 
GEPS contracts, and is supported by Governors' Decision No. 08-7, 
attached to the Notice and originally filed in Docket No. CP2008-4. Id. 
at 1, Attachment 3. The Notice explains that Order No. 86, which 
established GEPS 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 2. In Order No. 
290, the Commission approved the GEPS 2 product.\2\ In Order No. 503, 
the Commission approved the GEPS 3 product. Additionally, the Postal 
Service requested to have the contract in Docket No. CP2010-71 serve as 
the baseline contract for future functional equivalence analyses of the 
GEPS 3 product.
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    \1\ Notice 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, September 1, 2010 (Notice).
    \2\ Docket No. CP2009-50, Order Granting Clarification and 
Adding Global Expedited Package Services 2 to the Competitive 
Product List, August 28, 2009 (Order No. 290).
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    The instant contract. The Postal Service filed the instant contract 
pursuant to 39 CFR 3015.5. In addition, the Postal Service contends 
that the instant contract is in accordance with Order No. 86. The 
Postal Service relates that the instant contract is for the same mailer 
as in Docket No. CP2009-60. It states that the mailer's current 
contract was scheduled to terminate at the end of its one year term on 
August 31, 2010; however, it filed a Motion for Temporary Relief to 
extend the contract pending completion of the Commission's review of 
the successor contract.\3\ The Commission granted an extension of the 
contract ``until the sooner of the Commission's order on the successor 
contract or September 30, 2010.''\4\
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    \3\ Motion of the United States Postal Service for Temporary 
Relief, August 26, 2010 (Motion).
    \4\ Order Granting Motion for Temporary Relief, August 27, 2010.
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    The term of the instant contract is 1 year from the date the Postal 
Service notifies the customer that all necessary regulatory approvals 
have been received. Notice at 3.
    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) for the contract;
    <bullet>Attachment 3--a redacted copy of Governors' Decision No. 
08-7 which establishes prices and classifications for GEPS contracts, a 
description of applicable GEPS 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 instant GEPS 3 contract fits 
within the Mail Classification Schedule language for GEPS. The Postal 
Service identifies customer-specific information and general contract 
terms that distinguish the instant contract from the baseline GEPS 3 
agreement. Id. at 4-5. It states that the differences, which include 
price variations based on updated costing information and volume 
commitments, do not alter the contract's functional equivalency. Id. at 
4. The Postal Service asserts that ``[b]ecause the agreement 
incorporates the same cost attributes and methodology, the relevant 
characteristics of this GEPS contract are similar, if not the same, as 
the relevant characteristics of previously filed contracts.'' Id.
    The Postal Service concludes that its filing demonstrates that this 
new GEPS 3 contract complies with the requirements of 39 U.S.C. 3633 
and is functionally equivalent to the baseline GEPS 3 contract. 
Therefore, it requests that the instant contract be included within the 
GEPS 3 product. Id. at 5.

II. Notice of Filing

    The Commission establishes Docket No. CP2010-104 for consideration 
of matters related to the contract identified in the Postal Service's 
Notice.

[[Page 57088]]

    Interested persons may submit comments on whether the Postal 
Service's contracts are consistent with the policies of 39 U.S.C. 3632, 
3633, or 3642. Comments are due no later than September 10, 2010. 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 captioned proceedings.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. CP2010-104 for 
consideration of matters raised by the Postal Service's Notice.
    2. Comments by interested persons in these proceedings are due no 
later than September 10, 2010.
    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 these proceedings.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2010-23203 Filed 9-16-10; 8:45 am]
BILLING CODE 7710-FW-S


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