Administrative Practice and Procedure; Postal Service, 49723-49724 [E8-19446]

Download as PDF Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices c. Estimated average burden per response: 15 minutes. d. Frequency of response: One-time. e. Estimated number of respondents: 3000. f. Estimated cost to respondents: $0.00/$0.00. Dated: August 15, 2008. Wilbert Bryant, Associate Director for Management. [FR Doc. E8–19511 Filed 8–21–08; 8:45 am] BILLING CODE 6051–01–P POSTAL REGULATORY COMMISSION [Docket No. MC2008–7, CP2008–16, CP2008–17; Order No. 98] Administrative Practice and Procedure; Postal Service Postal Regulatory Commission. Notice. AGENCY: ACTION: SUMMARY: The Commission has established formal dockets to consider a formal request to add a new product to the competitive product list for prices not of general applicability and incorporates a notice of execution of two related contracts. The Commission’s action will provide for public input and for a review to determine consistency with applicable statutory requirements. DATES: Comments are due August 27, 2008. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 202–789–6820 or stephen.sharfman@prc.gov. SUPPLEMENTARY INFORMATION: jlentini on PROD1PC65 with NOTICES I. Introduction On August 8, 2008, the Postal Service filed a formal request (with attachments) to add a new product to the competitive product list for prices not of general applicability.1 The Request incorporates 1 See Request of the United States Postal Service to Add Global Plus 2 Negotiated Service Agreements to the Competitive Product List, and Notice of Filing (Under Seal) the Enabling Governors’ Decision and Two Functionally Equivalent Agreements, August 8, 2008 (Request). Attachment 1 to the Request consists of Decision of the Governors of the United States Postal Service on the Establishment of Prices and Classifications for Global Direct, Global Bulk Economy, and Global Plus Contracts (Governors’ Decision No. 08–10), July 16, 2008 (Governors’ Decision). The Governors’ Decision includes its own set of attachments presenting proposed classification language, pricing formulas and analyses, and the certification required under Commission rules. In the Request as filed, portions of the Governors’ Decision and some of the attachments are redacted. Attachment 2 to the Request is the Statement of Supporting Justification provided by Frank Cebello, Executive Director of Global Business Management for the Postal Service (Cebello Statement) in the capacity of sponsor of the instant Request. VerDate Aug<31>2005 17:12 Aug 21, 2008 Jkt 214001 notice of (1) issuance of the Governors’ Decision authorizing the new product; (2) the execution of two related contracts; and (3) submission of supporting material under seal.2 Request. The Request was filed pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. Substantively, it seeks the addition of a shell classification in the competitive product list for a product referred to as Global Plus 2 Negotiated Service Agreements. Prices for this product, by the terms of the Governors’ Decision, are established by setting price floor and price ceiling formulas in the contracts. The Request also addresses the Postal Service’s interest in confidentiality; presents proposed Mail Classification Schedule (MCS) language; cites the Cebello Statement with respect to satisfaction of pertinent Commission rules; and discusses reasons why the Global Plus 2 contracts should be deemed functionally equivalent. Request at 2–7. It affirmatively notes that the contracts include retroactivity provisions.3 Id. at 7–9. Related contracts. The Postal Service contemporaneously filed contracts related to the proposed new product listing pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. It maintains that both contracts, by virtue of their terms, fit within the proposed MCS language. It asks that the contracts be added as one product to the competitive product list for prices not of general applicability. Id. at 1. It further notes that both contracts are set to expire July 1, 2009. Id. at 2. II. Notice of Filings The Commission establishes Docket Nos. MC2008–7, CP2008–16 and CP2008–17 for consideration of the Request pertaining to Global Plus 2 and the two related contracts. In keeping with recent 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 2 This material includes an unredacted version of the enabling Governors’ Decision, the record of proceedings, and other documents addressing compliance with 39 CFR 3015.5. 3 The Postal Service states that the retroactivity provisions were intended to sustain customer relationships and avoid an interruption in service given uncertainty about the timing of review of the new Global Plus 2 contracts; however, it further notes that based on the Commission’s decision and guidance in Order No. 85 (which was issued after the Global Plus 2 contracts were executed), it no longer intends to present future contracts to the Commission with retroactivity provisions. Instead, it will avail itself of the procedure for expedited consideration of requests for temporary relief when warranted. Request at 9. PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 49723 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. Comments are due no later than August 27, 2008. The public portions of these filings can be accessed via the Commission’s Web site (www.prc.gov). The Commission appoints Paul L. Harrington to serve as Public Representative in the captioned filings. It is Ordered: 1. The Commission establishes Docket Nos. MC2008–7, CP2008–16 and CP2008–17 for consideration of the matters raised in each docket. 2. The Commission, pursuant to 39 U.S.C. 505, appoints Paul L. Harrington 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 on issues in these proceedings are due no later than August 27, 2008. 4. The Secretary shall arrange for publication of this Order in the Federal Register. By the Commission. Issued August 13, 2008. Judith M. Grady, Acting Secretary. [FR Doc. E8–19439 Filed 8–21–08; 8:45 am] BILLING CODE 7710–FW–P POSTAL REGULATORY COMMISSION [Docket Nos. MC2008–6, CP2008–14, CP2008–15; Order No. 97] Administrative Practice and Procedure; Postal Service Postal Regulatory Commission. Notice. AGENCY: ACTION: SUMMARY: The Commission has established formal dockets to consider three related Postal Service filings. The filings concern prices and classification changes for competitive products not of general applicability involving foreign postal administrations. The Commission’s action will provide for public input and for a review to determine consistency with applicable statutory requirements. DATES: Comments are due August 26, 2008. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 202–789–6820 or stephen.sharfman@prc.gov. On August 5, 2008, the Postal Service filed three requests incorporating notices, pursuant to 39 U.S.C. 3642, 39 CFR 3030 et seq., SUPPLEMENTARY INFORMATION: E:\FR\FM\22AUN1.SGM 22AUN1 49724 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices jlentini on PROD1PC65 with NOTICES which have been assigned to Docket Nos. MC2008–6, CP2008–14 and CP2008–15, announcing prices and classification changes for competitive products not of general applicability.1 The request in Docket No. MC2008–6 informs the Commission that ‘‘the Governors have established prices and classifications not of general applicability for Inbound Direct Entry Contracts with Foreign Postal Administrations,’’ and attaches a redacted copy of the Governors’ Decision.2 See Request, Attachment 1. The Postal Service also attached a revision of the draft Mail Classification Schedule (MCS) (section 2612) concerning Inbound Direct Entry Contracts to the Notice.3 See Request, Attachment 1, Attachment A. In support of these dockets, the Postal Service filed a Statement of Supporting Justification of Pranab Shah. See Request, Attachment 2. The Postal Service has also filed materials under seal, including the unredacted Governors’ Decision in Docket No. MC2008–6. The Postal Service claims that ‘‘[p]rices and other contract terms relating to the foreign posts’ processes and procedures 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.’’ Request at 2–3. Docket Nos. CP2008–14 and CP2008– 15 announce specific Inbound Direct Entry Contracts that the Postal Service has entered into with the individual Foreign Postal Administrations, namely China Post Group and Hong Kong Post, respectively.4 Id. In support of these dockets, the Postal Service has also filed 1 Case captions for cases such as those involving negotiated agreements for competitive products should be standardized. The first line in the caption should list ‘‘Competitive Product Prices’’. The second line should list the product and the docket of the case that created that product. The third line should list the contracting party or ‘‘Negotiated Service Agreement’’ if the contracting party is confidential information. 2 Request of United States Postal Service to Add Inbound Direct Entry Contracts With Foreign Postal Administrations to the Competitive Product List, and Notice of Filing (Under Seal) The Enabling Governors’ Decision and Two Functionally Equivalent Contracts with Foreign Posts, August 5, 2008 (Request). 3 The draft MCS remains under review. The Commission anticipates providing interested persons an opportunity to comment on the draft MCS in the near future. 4 The Commission characterizes the Governors’ Decision and associated materials filed in Docket No. MC2008–6 as material that supports the specific negotiated service agreements filed in Docket Nos. CP2008–14 and CP2008–15. VerDate Aug<31>2005 17:12 Aug 21, 2008 Jkt 214001 materials, including the contracts and supporting certifications, under seal.5 The Postal Service’s filings in these dockets are related. Docket No. MC2008–6 establishes, in essence, a shell classification, while Docket Nos. CP2008–14 and CP2008–15 are specific agreements negotiated pursuant to the conditions of the shell classification. Given this interrelationship, the Commission reviews these proceedings together in this Order.6 In Order No. 43, the Commission issued regulations establishing a modern system of rate regulation, including a list of competitive products. Docket No. RM2007–1, Order Establishing Ratemaking Regulations for Market Dominant and Competitive Products, October 29, 2007, paras. 3061 and 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 substantially equivalent agreements as a single product if they exhibit similar cost and market characteristics. Id., paras. 2177 and 3001. In its filings, the Postal Service contends that these two agreements are premised on similar cost and market characteristics and provides arguments to support this claim. Request at 5–6. Thus, the Postal Service requests that the Commission classify the two agreements filed in Docket Nos. CP2008–14 and CP2008–15 as part of the same product. 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 August 26, 2008. Pursuant to 39 U.S.C. 505, Paul L. Harrington is designated to serve as officer of the Commission (Public Representative) to represent the interests of the general public in the above-captioned dockets. It is Ordered: 1. Docket Nos. MC2008–6, CP2008– 14, and CP2008–15 are established to consider the Postal Service Request and related contracts referred to in the body of this Order. 2. Comments by interested persons on issues in these proceedings are due no later than August 26, 2008. 3. The Commission designates Paul L. Harrington as Public Representative to 5 See PRC Order No. 95, August 11, 2008, at 2 regarding the filing of certifications under seal. 6 While this Order treats these proceedings together due to their interrelated nature, future filings should be made in the docket related to the issues being addressed. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 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. Issued August 13, 2008. Judith M. Grady, Acting Secretary. [FR Doc. E8–19446 Filed 8–21–08; 8:45 am] BILLING CODE 7710–FW–P SECURITIES AND EXCHANGE COMMISSION [File No. 500–1] In the Matter of: Birman Managed Care, Inc. (n/k/a Alcar Chemical Group, Inc.), Cluster Technology Corp., Consolidated Growers and Processors, Inc., Global Network, Inc., Micro-Integration Corp., Monsoon International Manufacturing & Distribution, Inc., Montt International Corp., Pony Express U. S. A., Inc., SUMmedia.com, Inc., and Sunflower USA, Ltd.; Order of Suspension of Trading August 20, 2008 It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Birman Managed Care, Inc. (n/k/a Alcar Chemical Group, Inc.) because it has not filed any periodic reports since the period ended March 31, 2000. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Cluster Technology Corp. because it has not filed any periodic reports since March 8, 2000. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Consolidated Growers and Processors, Inc. because it has not filed any periodic reports since January 5, 2000. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Global Network, Inc. because it has not filed any periodic reports since the period ended September 30, 2003. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of MicroIntegration Corp. because it has not filed any periodic reports since December 31, 1999. E:\FR\FM\22AUN1.SGM 22AUN1

Agencies

[Federal Register Volume 73, Number 164 (Friday, August 22, 2008)]
[Notices]
[Pages 49723-49724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19446]


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POSTAL REGULATORY COMMISSION

 [Docket Nos. MC2008-6, CP2008-14, CP2008-15; Order No. 97]


Administrative Practice and Procedure; Postal Service

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission has established formal dockets to consider 
three related Postal Service filings. The filings concern prices and 
classification changes for competitive products not of general 
applicability involving foreign postal administrations. The 
Commission's action will provide for public input and for a review to 
determine consistency with applicable statutory requirements.

DATES: Comments are due August 26, 2008.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
202-789-6820 or stephen.sharfman@prc.gov.

SUPPLEMENTARY INFORMATION: On August 5, 2008, the Postal Service filed 
three requests incorporating notices, pursuant to 39 U.S.C. 3642, 39 
CFR 3030 et seq.,

[[Page 49724]]

which have been assigned to Docket Nos. MC2008-6, CP2008-14 and CP2008-
15, announcing prices and classification changes for competitive 
products not of general applicability.\1\ The request in Docket No. 
MC2008-6 informs the Commission that ``the Governors have established 
prices and classifications not of general applicability for Inbound 
Direct Entry Contracts with Foreign Postal Administrations,'' and 
attaches a redacted copy of the Governors' Decision.\2\ See Request, 
Attachment 1. The Postal Service also attached a revision of the draft 
Mail Classification Schedule (MCS) (section 2612) concerning Inbound 
Direct Entry Contracts to the Notice.\3\ See Request, Attachment 1, 
Attachment A.
---------------------------------------------------------------------------

    \1\ Case captions for cases such as those involving negotiated 
agreements for competitive products should be standardized. The 
first line in the caption should list ``Competitive Product 
Prices''. The second line should list the product and the docket of 
the case that created that product. The third line should list the 
contracting party or ``Negotiated Service Agreement'' if the 
contracting party is confidential information.
    \2\ Request of United States Postal Service to Add Inbound 
Direct Entry Contracts With Foreign Postal Administrations to the 
Competitive Product List, and Notice of Filing (Under Seal) The 
Enabling Governors' Decision and Two Functionally Equivalent 
Contracts with Foreign Posts, August 5, 2008 (Request).
    \3\ The draft MCS remains under review. The Commission 
anticipates providing interested persons an opportunity to comment 
on the draft MCS in the near future.
---------------------------------------------------------------------------

    In support of these dockets, the Postal Service filed a Statement 
of Supporting Justification of Pranab Shah. See Request, Attachment 2. 
The Postal Service has also filed materials under seal, including the 
unredacted Governors' Decision in Docket No. MC2008-6. The Postal 
Service claims that ``[p]rices and other contract terms relating to the 
foreign posts' processes and procedures 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.'' Request at 
2-3.
    Docket Nos. CP2008-14 and CP2008-15 announce specific Inbound 
Direct Entry Contracts that the Postal Service has entered into with 
the individual Foreign Postal Administrations, namely China Post Group 
and Hong Kong Post, respectively.\4\ Id. In support of these dockets, 
the Postal Service has also filed materials, including the contracts 
and supporting certifications, under seal.\5\
---------------------------------------------------------------------------

    \4\ The Commission characterizes the Governors' Decision and 
associated materials filed in Docket No. MC2008-6 as material that 
supports the specific negotiated service agreements filed in Docket 
Nos. CP2008-14 and CP2008-15.
    \5\ See PRC Order No. 95, August 11, 2008, at 2 regarding the 
filing of certifications under seal.
---------------------------------------------------------------------------

    The Postal Service's filings in these dockets are related. Docket 
No. MC2008-6 establishes, in essence, a shell classification, while 
Docket Nos. CP2008-14 and CP2008-15 are specific agreements negotiated 
pursuant to the conditions of the shell classification. Given this 
interrelationship, the Commission reviews these proceedings together in 
this Order.\6\
---------------------------------------------------------------------------

    \6\ While this Order treats these proceedings together due to 
their interrelated nature, future filings should be made in the 
docket related to the issues being addressed.
---------------------------------------------------------------------------

    In Order No. 43, the Commission issued regulations establishing a 
modern system of rate regulation, including a list of competitive 
products. Docket No. RM2007-1, Order Establishing Ratemaking 
Regulations for Market Dominant and Competitive Products, October 29, 
2007, paras. 3061 and 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 substantially equivalent 
agreements as a single product if they exhibit similar cost and market 
characteristics. Id., paras. 2177 and 3001. In its filings, the Postal 
Service contends that these two agreements are premised on similar cost 
and market characteristics and provides arguments to support this 
claim. Request at 5-6. Thus, the Postal Service requests that the 
Commission classify the two agreements filed in Docket Nos. CP2008-14 
and CP2008-15 as part of the same product.
    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 August 26, 2008.
    Pursuant to 39 U.S.C. 505, Paul L. Harrington is designated to 
serve as officer of the Commission (Public Representative) to represent 
the interests of the general public in the above-captioned dockets.
    It is Ordered:
    1. Docket Nos. MC2008-6, CP2008-14, and CP2008-15 are established 
to consider the Postal Service Request and related contracts referred 
to in the body of this Order.
    2. Comments by interested persons on issues in these proceedings 
are due no later than August 26, 2008.
    3. The Commission designates Paul L. Harrington as 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.
    Issued August 13, 2008.
Judith M. Grady,
Acting Secretary.
 [FR Doc. E8-19446 Filed 8-21-08; 8:45 am]
BILLING CODE 7710-FW-P
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