65676 Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Notices 

8Commenters who cannot file by the deadline 

should contact Mr. Sharfman. 

1Notice of United States Postal Service of Filing 

Six Functionally Equivalent Global Expedited 

Package Services 3 Negotiated Service Agreements 

and Application For Non-Public Treatment of 

Materials Filed Under Seal, October 19, 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). 

Xpresspost handled in the EMS 

network.’’ Notice at 6. The Postal 

Service’s instant Request represents that 

subsequent filing to give effect to CY 

2011 rates for Xpresspost handled in the 

EMS network. 

Request. In support of its Request, the 

Postal Service filed the following 

materials: 

• Attachment 1—an application for 

non-public treatment of pricing and 

supporting documents filed under seal; 

• Attachment 2—a redacted version 

of Governors’ Decision No. 08–5 

establishing prices and classifications 

for services offered under EMS bilateral/ 

multilateral agreements; Mail 

Classification Schedule (MCS) language 

applicable to Inbound EMS bilateral/ 

multilateral agreements; formulas for 

inbound prices under EMS bilateral/ 

multilateral agreements; and an analysis 

of the formulas, certification of the 

Governors’ vote, and certification of 

compliance with 39 U.S.C. 3633(3)(a); 

• Attachment 3—a redacted version 

of the portion of the Bilateral Agreement 

pertinent to the filing; 

• Attachment 4—certification of 

prices for the Bilateral Agreement 

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

• Attachment 5—a Statement of 

Supporting Justification as required by 

39 CFR 3020.32; and 

• Attachment 6—proposed Mail 

Classification Schedule language 

describing International Expedited 

Services 4. 

In the Statement of Supporting 

Justification, Lea Emerson, Executive 

Director, International Postal Affairs, 

asserts that ‘‘[t]he addition of the 

relevant portions of this [Bilateral] 

Agreement as a competitive product 

will enable the Commission to verify 

that each contract covers its attributable 

costs and enables competitive products, 

as a whole, to make a positive 

contribution to coverage of institutional 

costs.’’ Id., Attachment 5. She further 

states that as a result, ‘‘no issue of 

subsidization of competitive products 

by market dominant products arises.’’ Id. 

Joseph Moeller, Manager, Regulatory 

Reporting and Cost Analysis, Finance 

Department, certifies that the contract 

complies with 39 U.S.C. 3633(a). Id., 

Attachment 4. He asserts that the prices 

for the Bilateral Agreement ‘‘should 

cover its attributable costs and preclude 

the subsidization of competitive 

products by market dominant products.’’ 

Id., Attachment 4. 

The Postal Service filed much of the 

supporting materials, including the 

specific Bilateral Agreement, under seal. 

Id. at 5. In its Request, the Postal Service 

maintains that certain portions of the 

contract, the rates, descriptions of the 

rates, and related financial information 

should remain under seal. Id., 

Attachment 1. 

II. Notice of Filings 

The Commission establishes Docket 

Nos. MC2010–37 and CP2010–126 for 

consideration of the Request pertaining 

to the proposed Inbound International 

Expedited Services 4 product, and the 

related Bilateral Agreement, 

respectively. In keeping with practice, 

these dockets are addressed on a 

consolidated basis for purposes of this 

order; however, future filings should be 

made in the specific docket in which 

issues being addressed pertain. 

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, 39 CFR 

part 3015, and 39 CFR 3020 subpart B. 

Comments are due no later than October 

14, 2010.8 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 these dockets. 

III. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

Nos. MC2010–37 and CP2010–126 for 

consideration of the matters raised in 

each docket. 

2. Pursuant to 39 U.S.C. 505, Paul L. 

Harrington 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 

October 14, 2010. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2010–26957 Filed 10–25–10; 8:45 am] 

BILLING CODE 7710–FW–P 

POSTAL REGULATORY COMMISSION 

[Docket Nos. MC2010–28 and CP2011–20 

through CP2011–25; Order No. 564] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently filed Postal Service request to 

add six Global Expedited Package 

Services 3 contracts to the competitive 

product list. This notice addresses 

procedural steps associated with the 

filing. 

DATES: Comments are due: October 28, 

2010. 

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. Introduction 

II. Notice of Filing 

III. Ordering Paragraphs 

I. Introduction 

On October 19, 2010, the Postal 

Service filed a notice announcing that it 

has entered into six additional Global 

Expedited Package Services 3 (GEPS 3) 

contracts.1 The Postal Service believes 

the instant contracts are functionally 

equivalent to previously submitted 

GEPS contracts, and are 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. 

The instant contracts. The Postal 

Service filed the instant contracts 

pursuant to 39 CFR 3015.5. In addition, 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Notices 65677 

1United States Postal Service Request for SemiPermanent Exception from Periodic Reporting of 

Service Performance Measurement, September 30, 

2010 (Request); see also Docket No. RM2009–11, 

Order Establishing Final Rules Concerning Periodic 

Reporting of Service Performance Measurements 

and Customer Satisfaction, May 25, 2010, at 22 

(Order No. 465). 

2Those who cannot submit comments by the 

filing deadline should contact Mr. Sharfman. 

the Postal Service contends that each 

contract is in accordance with Order No. 

86. The term of each contract is one 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: 

• Attachments 1A through 1F— 

redacted copies of the six contracts and 

applicable annexes; 

• Attachments 2A through 2F— 

certified statements required by 39 CFR 

3015.5(c)(2) for each contract; 

• 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 

• Attachment 4—an application for 

non-public treatment of materials to 

maintain redacted portions of the 

contracts and supporting documents 

under seal. 

The Notice advances reasons why the 

instant GEPS 3 contracts fit within the 

Mail Classification Schedule language 

for the GEPS 3 product. The Postal 

Service identifies customer-specific 

information and general contract terms 

that distinguish the instant contracts 

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 

contracts’ functional equivalency. Id. at 

3–4. The Postal Service asserts that 

‘‘[b]ecause the agreements incorporate 

the same cost attributes and 

methodology, the relevant 

characteristics of these six GEPS 

contracts are similar, if not the same, as 

the relevant characteristics of previously 

filed contracts.’’ Id. at 4. 

The Postal Service concludes that its 

filings demonstrate that each of the new 

GEPS 3 contracts 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 contracts be included 

within the GEPS 3 product. Id. at 5. 

II. Notice of Filing 

The Commission establishes Docket 

Nos. CP2011–20 through CP2011–25 for 

consideration of matters related to the 

contracts identified in the Postal 

Service’s Notice. 

These dockets are addressed on a 

consolidated basis for purposes of this 

order. Filings with respect to a 

particular contract should be filed in 

that docket. 

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 

October 28, 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 

Nos. CP2011–20 through CP2011–25 for 

consideration of matters raised by the 

Postal Service’s Notice. 

2. Comments by interested persons in 

these proceedings are due no later than 

October 28, 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. 2010–26982 Filed 10–25–10; 8:45 am] 

BILLING CODE 7710–FW–P 

POSTAL REGULATORY COMMISSION 

[Docket No. RM2010–14; Order No. 550] 

Periodic Reporting Rules 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: This notice addresses the 

Postal Service request for semipermanent exceptions to certain 

recently-adopted service performance 

measurement reporting requirements. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system. Commenters who 

cannot submit filings electronically 

should contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section for advice on alternatives. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

stephen.sharfman@prc.gov or 202–789– 

6820. 

SUPPLEMENTARY INFORMATION: On 

September 30, 2010, the Postal Service 

filed a request for a semi-permanent 

exception from periodic reporting of 

service performance measurement for 

Applications and Mailing Permits, 

pursuant to Commission Order No. 465 

and 39 CFR 3055.3.1

Rule 3055.3 provides the Postal 

Service an opportunity to request that a 

product, or component of a product, be 

excluded from service performance 

measurement reporting upon 

demonstration that: 

1. The cost of implementing a 

measurement system would be prohibitive in 

relation to the revenue generated by the 

product, or component of a product; 

2. The product, or component of a product, 

defies meaningful measurement; or 

3. The product, or component of a product, 

is in the form of a negotiated service 

agreement with substantially all components 

of the agreement included in the 

measurement of other products. 

The Postal Service explains that 

Applications and Mailing Permits 

comprise nothing more than a 

transaction intended to establish or 

renew permission to enter bulk 

mailings. The Postal Service contends 

that this service defies meaningful 

measurement and falls within the 39 

CFR 3055(a)(2) exception from reporting 

of service performance measurements. 

Request at 3. 

The Commission establishes Docket 

No. RM2010–14 for consideration of 

matters related to the proposed semipermanent exception from periodic 

reporting of service performance 

measurement identified in the Postal 

Service’s Request. 

Interested persons may submit 

comments on whether the Postal 

Service’s Request is consistent with the 

policies of 39 U.S.C. 3652(a)(2) and 39 

CFR 3055.3.2 Comments are due no later 

than October 15, 2010. The Postal 

Service’s Request can be accessed via 

the Commission’s Web site 

(http:www.prc.gov). 

The Commission appoints Katrina 

Martinez to serve as Public 

Representative in the captioned 

proceedings. 

It is ordered: 

1. The Commission establishes Docket 

No. RM2010–14 for consideration of 

matters raised by the Postal Service’s 

Request. 

2. Comments by interested persons in 

these proceedings are due no later than 

October 15, 2010. 


emcdonald on DSK2BSOYB1PROD with NOTICES