Global Expedited Package Services Negotiated Service Agreements, 32365-32366 [E8-12767]
Download as PDF
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Notices
PWALKER on PROD1PC71 with NOTICES
As noted above, the Postal Service
filed both dockets pursuant to rule
3015.5. Recognizing that the Postal
Service’s filings in this consolidated
proceeding (along with the
concomitantly filed notices in Docket
Nos. CP2008–4 and CP2008–5)
represent the Postal Service’s first
filings involving competitive rates not of
general applicability under section
3632(b)(3) of title 39, the Commission
will proceed as if the Inbound EMS
agreement also had been filed pursuant
to 39 CFR part 3020, subpart B and will
review the consolidated dockets
pursuant to rule 3020.34.5
The Postal Service’s filing in Docket
No. CP2008–6 is styled as applicable to
Inbound EMS. So, too, is the negotiated
agreement filed in Docket No. CP2008–
7. To that extent, both are consistent
with language it proposed for inclusion
in the draft MCS in its November 20
Filing. In Order No. 43, the Commission
listed inbound and outbound
international expedited services as
separate products. The Commission has
made no determination, however,
whether the outbound portion of the
agreement in Docket No. CP2008–7 is
subject to its review.
Agreements with foreign posts present
unique issues that have not yet been
fully briefed. In its November 20 Filing,
the Postal Service contended that the
outbound portion of agreements with
foreign posts ‘‘does not properly belong
in the MCS’’ because the outbound
portion reflects a payment by the Postal
Service for processing and delivery by
foreign posts and not what the Postal
Service charges for its services.
November 20 Filing at 10.
The Postal Service’s filings also raise
issues concerning the treatment of
confidential information, a broad topic
that may require different solutions
tailored to the specifics of each case. For
instance, agreements with foreign posts
may require different treatment than
agreements with private entities
(corporations, businesses, etc.).
Agreements concerning competitive
products may require different
treatment than agreements concerning
market dominant products. A common
issue, however, is how individual
agreements (contracts) are to be
identified in the Mail Classification
5 Filings to change or add rates not of general
applicability are properly made under rule 3015.5.
Postal Service filings to modify the product lists are
properly made under part 3020, subpart B. Filings
involving negotiated service agreements implicate
both sets of rules until such time that a group of
negotiated service agreements are shown to be
classified properly as one product. The Commission
anticipates that with experience and the adoption
of the MCS the review process will proceed
relatively quickly.
VerDate Aug<31>2005
16:09 Jun 05, 2008
Jkt 214001
Schedule. For agreements with foreign
posts involving competitive products,
the Commission proposes, at a
minimum, identifying each
international mail agreement by the
name(s) of the foreign post(s), the mail
product(s) involved, and the
agreement’s expiration date.
The Commission assumes that the
Postal Service has or will have
agreements with many if not most
foreign posts. Thus, with the potential
for many agreements, some compelling
justification for keeping the identity of
the foreign posts confidential is
warranted. To elaborate briefly in this
proceeding, the Postal Service contends
that the identities of the foreign posts
with which it executes bilateral/
multilateral agreements should not be
disclosed, arguing generally that foreign
posts’ ability to negotiate with other
posts could be compromised by public
disclosure. Pricing Notice at 1. Absent
more, this rationale would not appear to
justify concealing the identity of foreign
posts in proceedings before the
Commission. The Postal Service should
amplify on the rationale for its position,
including addressing the putative harm
associated with public disclosure.
The Commission has observed that
typical international mail agreements
are of approximately one year duration
(with possible provisions for renewal).
Absent justification, there would appear
to be no compelling need to keep
expiration dates confidential. Thus, in
its comments, the Postal Service should
also address the issue of including the
expiration date of each agreement in the
MCS, as well as identifying the product.
Comments addressing these points are
due no later than June 10, 2008.
Interested persons may comment on
issues in this consolidated proceeding,
including whether the Postal Service
filings are consistent with the policies of
sections 3632, 3633, or 3642. Comments
are due no later than June 16, 2008.
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 the
above-captioned docket.
It is ordered:
1. The proceedings in Docket Nos.
CP2008–6 and CP2008–7 are
consolidated. All future filings in the
consolidated docket are to be made
under Docket No. CP2008–7.
2. As set forth in the body of this
order, the Postal Service comments on
confidentiality are due no latter than
June 10, 2008.
3. Comments on issues in this
consolidated proceeding from interested
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
32365
persons are due no later than June 16,
2008.
4. The Commission appoints Paul L.
Harrington as Public Representative to
represent the interests of the general
public in this proceeding.
5. The Secretary shall arrange for
publication of this notice and order in
the Federal Register.
By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E8–12764 Filed 6–5–08; 8:45 am]
BILLING CODE 7710–FW–P
POSTAL REGULATORY COMMISSION
[Docket No. CP2008–5; Order No. 78]
Global Expedited Package Services
Negotiated Service Agreements
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
SUMMARY: A new law gives the Postal
Service considerable pricing flexibility
for competitive products. Pursuant to
this authority, the Postal Service has
filed two notices with the Commission
concerning prices for Global Expedited
Package Services (GEPS) contracts,
which is in the competitive category.
The Commission has established a
consolidated docket for consideration of
these pricing decisions. This will allow
interested persons an opportunity to
comment.
DATES: Comments due June 16, 2008.
ADDRESSES: Submit documents
electronically via the Commission’s
Filing Online system at https://
www.prc.gov.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820 and
stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION: On May
20, 2008, the Postal Service filed two
notices, which have been assigned to
Docket Nos. CP2008–4 and CP2008–5,
announcing prices and classification
changes for competitive products not of
general applicability. The notice in
Docket No. CP2008–4 informs the
Commission that ‘‘the Governors have
established prices and classifications for
competitive products not of general
applicability for Global Expedited
Package Services (GEPS) contracts.’’ 1
The Postal Service attached a revision of
the draft Mail Classification Schedule
(MCS) (section 2610.2) concerning GEPS
1 Notice of United States Postal Service of
Governors’ Decision Establishing Prices and
Classifications for Global Expedited Package
Services Contracts, May 20, 2008 (Notice).
E:\FR\FM\06JNN1.SGM
06JNN1
32366
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Notices
contracts to the Notice.2 Docket No.
CP2008–4 has been filed pursuant to 39
U.S.C. 3632(b)(3) and 39 CFR 3015.5
and 3020.90. In support of this docket,
the Postal Service has also filed
materials under seal, including the
Governors’ decision. The Postal Service
claims that ‘‘[c]ontract prices are highly
confidential in the business world
* * * [and that its] ability * * * to
negotiate individual contracts would be
severely compromised if prices for these
types of agreements were publicly
disclosed.’’ Id. at 1–2.
The notice in Docket No. CP2008–5,
announces an individual negotiated
service agreement, namely, a specific
GEPS contract the Postal Service has
entered into with an individual mailer.3
Docket No. CP2008–5 has been filed
pursuant to 39 CFR 3015.5. In support
of this docket, the Postal Service has
also filed materials, including the
contract and supporting materials,
under seal. Here the Postal Service
asserts that ‘‘[t]he names of customers
who enter into respective contracts and
the related contract prices are highly
confidential business information.’’ Id.
at 1.
The Postal Service’s filings in these
dockets are related. Docket No. CP2008–
4 establishes, in essence, a shell
classification, while Docket No.
CP2008–5 is a specific agreement
negotiated pursuant to the conditions of
the shell classification. Given this
interrelationship, the Commission will
consolidate these proceedings for
purposes of review.4
In Order No. 43, the Commission
issued regulations establishing a
modern system of rate regulation,
including a list of competitive products.
PRC Order No. 43, October 29, 2007,
paras. 3061, 4013. Among other things,
the Commission determined that each
negotiated service agreement would
initially be classified as a separate
product. The Commission also
acknowledged, however, the possibility
of grouping functionally equivalent
agreements as a single product if they
exhibit similar cost and market
characteristics. Id. paras. 2177 and 3001.
Thus, the specific GEPS agreement filed
in Docket No. CP2008–5 will be
classified as a new product.
As noted above, the Postal Service
filed both dockets pursuant to rule
PWALKER on PROD1PC71 with NOTICES
2 The
draft MCS remains under review. The
Commission anticipates providing interested
persons an opportunity to comment on the draft
MCS in the near future.
3 Notice of United States Postal Service of Filing
a Global Expedited Package Service Contract
(Pricing Notice).
4 All future filings in the consolidated docket
shall be made under Docket No. CP2008–5.
VerDate Aug<31>2005
16:09 Jun 05, 2008
Jkt 214001
3015.5.5 Recognizing that the Postal
Service’s filings in this consolidated
proceeding (along with the
concomitantly filed notices in Docket
Nos. CP2008–6 and CP2008–7)
represent the Postal Service’s first
filings involving competitive rates not of
general applicability under section
3632(b)(3) of title 39, the Commission
will proceed as if the GEPS negotiated
service agreement also had been filed
pursuant to 39 CFR part 3020, subpart
B. As a consequence, the Commission
will review the consolidated dockets
pursuant to rule 3020.34.6 Because the
Commission in its own discretion
consolidated Docket Nos. CP2008–4 and
CP2008–5 and will review them under
rule 3020.34, the Postal Service may, if
it wishes to do so, supplement the
materials already filed with the
Commission.7
In addition, the Commission directs
the Postal Service to identify and list
any contracts currently in existence
(and their respective expiration dates)
that would no longer qualify as GEPS
contracts under the proposed revised
Mail Classification Schedule language
for section 2610.2 attached to the Notice
in Docket No. CP2008–4. The revised
language modifies the GEPS eligibility
criteria by, among other things,
requiring the mailer on an annual basis
to mail at least 5,000 pieces (instead of
600 pieces), or pay postage of at least
$100,000 (instead of $12,000). The
Commission also directs the Postal
Service to provide a detailed
justification for why it believes that
GEPS contracts’ expiration dates
(without disclosing the identity of the
customer) should not be made publicly
available. Answers to the Commission’s
questions and any supplemental
materials that the Postal Service plans to
provide are due no later than June 10,
2008.
Interested persons may express views
and offer comments on whether the
planned changes are consistent with the
policies of 39 U.S.C. 3632, 3633 or 3642.
5 Docket No. CP2008–4 was also filed pursuant to
39 CFR 3020.90.
6 Filings to change or add rates not of general
applicability are properly made under rule 3015.5.
Postal Service filings to modify the product lists are
properly made under part 3020, subpart B. Filings
involving negotiated service agreements implicate
both sets of rules until such time that a group of
negotiated service agreements are shown to be
classified properly as one product. The Commission
anticipates that with experience and the adoption
of the MCS, the review process will proceed
relatively quickly.
7 The Commission characterizes the Governors’
decision and associated materials filed in Docket
No. CP2008–4 as material that supports the specific
negotiated service agreement filed in Docket No.
CP2008–5.
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
Comments are due no later than June 16,
2008.
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 the
above-captioned docket.
It is ordered:
1. The proceedings under Docket Nos.
CP2008–4 and CP2008–5 are
consolidated. All future filings in the
consolidated docket are to be made
under Docket No. CP2008–5.
2. As set forth in the body of this
order, the Postal Service is provided
with an opportunity to supplement the
materials already filed with the
Commission. Any supplemental
materials that the Postal Service wishes
to provide are due no later than June 10,
2008.
3. Comments on issues in this
consolidated proceeding are due no
later than June 16, 2008.
4. The Commission appoints Paul L.
Harrington as Public Representative to
represent the interests of the general
public in this proceeding.
5. The Secretary shall arrange for
publication of this notice and order in
the Federal Register.
By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E8–12767 Filed 6–5–08; 8:45 am]
BILLING CODE 7710–FW–P
POSTAL REGULATORY COMMISSION
[Docket No. MC2008–4; Order No. 80]
Premium Forwarding Service
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
SUMMARY: This document announces a
formal docket to consider transferring
the classification of Premium
Forwarding Service from the market
dominant products list to the
competitive products list. It solicits
comments to assist in this task.
DATES: Comments due June 16, 2008.
ADDRESSES: Submit documents
electronically via the Commission’s
Filing Online system at https://
www.prc.gov.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820 and
stephen.sharfman@prc.gov.
On May
30, 2008, the Postal Service filed a
request to modify the Mail Classification
Schedule transferring Premium
SUPPLEMENTARY INFORMATION:
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Notices]
[Pages 32365-32366]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12767]
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
[Docket No. CP2008-5; Order No. 78]
Global Expedited Package Services Negotiated Service Agreements
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: A new law gives the Postal Service considerable pricing
flexibility for competitive products. Pursuant to this authority, the
Postal Service has filed two notices with the Commission concerning
prices for Global Expedited Package Services (GEPS) contracts, which is
in the competitive category. The Commission has established a
consolidated docket for consideration of these pricing decisions. This
will allow interested persons an opportunity to comment.
DATES: Comments due June 16, 2008.
ADDRESSES: Submit documents electronically via the Commission's Filing
Online system at https://www.prc.gov.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
202-789-6820 and stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION: On May 20, 2008, the Postal Service filed
two notices, which have been assigned to Docket Nos. CP2008-4 and
CP2008-5, announcing prices and classification changes for competitive
products not of general applicability. The notice in Docket No. CP2008-
4 informs the Commission that ``the Governors have established prices
and classifications for competitive products not of general
applicability for Global Expedited Package Services (GEPS) contracts.''
\1\ The Postal Service attached a revision of the draft Mail
Classification Schedule (MCS) (section 2610.2) concerning GEPS
[[Page 32366]]
contracts to the Notice.\2\ Docket No. CP2008-4 has been filed pursuant
to 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5 and 3020.90. In support of
this docket, the Postal Service has also filed materials under seal,
including the Governors' decision. The Postal Service claims that
``[c]ontract prices are highly confidential in the business world * * *
[and that its] ability * * * to negotiate individual contracts would be
severely compromised if prices for these types of agreements were
publicly disclosed.'' Id. at 1-2.
---------------------------------------------------------------------------
\1\ Notice of United States Postal Service of Governors'
Decision Establishing Prices and Classifications for Global
Expedited Package Services Contracts, May 20, 2008 (Notice).
\2\ The draft MCS remains under review. The Commission
anticipates providing interested persons an opportunity to comment
on the draft MCS in the near future.
---------------------------------------------------------------------------
The notice in Docket No. CP2008-5, announces an individual
negotiated service agreement, namely, a specific GEPS contract the
Postal Service has entered into with an individual mailer.\3\ Docket
No. CP2008-5 has been filed pursuant to 39 CFR 3015.5. In support of
this docket, the Postal Service has also filed materials, including the
contract and supporting materials, under seal. Here the Postal Service
asserts that ``[t]he names of customers who enter into respective
contracts and the related contract prices are highly confidential
business information.'' Id. at 1.
---------------------------------------------------------------------------
\3\ Notice of United States Postal Service of Filing a Global
Expedited Package Service Contract (Pricing Notice).
---------------------------------------------------------------------------
The Postal Service's filings in these dockets are related. Docket
No. CP2008-4 establishes, in essence, a shell classification, while
Docket No. CP2008-5 is a specific agreement negotiated pursuant to the
conditions of the shell classification. Given this interrelationship,
the Commission will consolidate these proceedings for purposes of
review.\4\
---------------------------------------------------------------------------
\4\ All future filings in the consolidated docket shall be made
under Docket No. CP2008-5.
---------------------------------------------------------------------------
In Order No. 43, the Commission issued regulations establishing a
modern system of rate regulation, including a list of competitive
products. PRC Order No. 43, October 29, 2007, paras. 3061, 4013. Among
other things, the Commission determined that each negotiated service
agreement would initially be classified as a separate product. The
Commission also acknowledged, however, the possibility of grouping
functionally equivalent agreements as a single product if they exhibit
similar cost and market characteristics. Id. paras. 2177 and 3001.
Thus, the specific GEPS agreement filed in Docket No. CP2008-5 will be
classified as a new product.
As noted above, the Postal Service filed both dockets pursuant to
rule 3015.5.\5\ Recognizing that the Postal Service's filings in this
consolidated proceeding (along with the concomitantly filed notices in
Docket Nos. CP2008-6 and CP2008-7) represent the Postal Service's first
filings involving competitive rates not of general applicability under
section 3632(b)(3) of title 39, the Commission will proceed as if the
GEPS negotiated service agreement also had been filed pursuant to 39
CFR part 3020, subpart B. As a consequence, the Commission will review
the consolidated dockets pursuant to rule 3020.34.\6\ Because the
Commission in its own discretion consolidated Docket Nos. CP2008-4 and
CP2008-5 and will review them under rule 3020.34, the Postal Service
may, if it wishes to do so, supplement the materials already filed with
the Commission.\7\
---------------------------------------------------------------------------
\5\ Docket No. CP2008-4 was also filed pursuant to 39 CFR
3020.90.
\6\ Filings to change or add rates not of general applicability
are properly made under rule 3015.5. Postal Service filings to
modify the product lists are properly made under part 3020, subpart
B. Filings involving negotiated service agreements implicate both
sets of rules until such time that a group of negotiated service
agreements are shown to be classified properly as one product. The
Commission anticipates that with experience and the adoption of the
MCS, the review process will proceed relatively quickly.
\7\ The Commission characterizes the Governors' decision and
associated materials filed in Docket No. CP2008-4 as material that
supports the specific negotiated service agreement filed in Docket
No. CP2008-5.
---------------------------------------------------------------------------
In addition, the Commission directs the Postal Service to identify
and list any contracts currently in existence (and their respective
expiration dates) that would no longer qualify as GEPS contracts under
the proposed revised Mail Classification Schedule language for section
2610.2 attached to the Notice in Docket No. CP2008-4. The revised
language modifies the GEPS eligibility criteria by, among other things,
requiring the mailer on an annual basis to mail at least 5,000 pieces
(instead of 600 pieces), or pay postage of at least $100,000 (instead
of $12,000). The Commission also directs the Postal Service to provide
a detailed justification for why it believes that GEPS contracts'
expiration dates (without disclosing the identity of the customer)
should not be made publicly available. Answers to the Commission's
questions and any supplemental materials that the Postal Service plans
to provide are due no later than June 10, 2008.
Interested persons may express views and offer comments on whether
the planned changes are consistent with the policies of 39 U.S.C. 3632,
3633 or 3642. Comments are due no later than June 16, 2008.
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 the above-captioned docket.
It is ordered:
1. The proceedings under Docket Nos. CP2008-4 and CP2008-5 are
consolidated. All future filings in the consolidated docket are to be
made under Docket No. CP2008-5.
2. As set forth in the body of this order, the Postal Service is
provided with an opportunity to supplement the materials already filed
with the Commission. Any supplemental materials that the Postal Service
wishes to provide are due no later than June 10, 2008.
3. Comments on issues in this consolidated proceeding are due no
later than June 16, 2008.
4. The Commission appoints Paul L. Harrington as Public
Representative to represent the interests of the general public in this
proceeding.
5. The Secretary shall arrange for publication of this notice and
order in the Federal Register.
By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E8-12767 Filed 6-5-08; 8:45 am]
BILLING CODE 7710-FW-P