Market Dominant Product Prices Bilateral Negotiated Service Agreement, 70682-70683 [E8-27746]

Download as PDF 70682 Federal Register / Vol. 73, No. 226 / Friday, November 21, 2008 / Notices dwashington3 on PRODPC61 with NOTICES States Postal Service Contractual Bilateral Agreement for Inbound Competitive Services (Bilateral Agreement) to the Competitive Product List.1 The Postal asserts that the Contractual Bilateral Agreement is a competitive product ‘‘not of general applicability’’ within the meaning of 39 U.S.C. 3632(b)(3). This Request has been assigned Docket No. MC2009–8. The Postal Service contemporaneously filed notice, pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5, that the Governors have established prices and classifications not of general applicability for inbound competitive services as reflected in the Bilateral Agreement. More specifically, the Bilateral Agreement, which has been assigned Docket No. CP2009–9, governs the exchange of Inbound Parcel Post from Canada. In support of its Request, the Postal Service filed a redacted version of the Governors’ Decision establishing prices for the Bilateral Agreement. Attached to the Governors’ Decision are: Proposed Mail Classification Schedule language, a redacted version of management’s analysis of the Bilateral Agreement, certification of compliance with 39 U.S. C. 3633 (a), certification of the Governors’ vote,2 and a Statement of Supporting Justification as required by 39 CFR 3020.32.3 In addition, the Postal Service indicates that it filed an unredacted copy of the Governors’ Decision, the Bilateral Agreement, and other supporting documents designed to establish compliance with 39 CFR 3015.5 under seal. Request at 2, n.2. In the Statement of Supporting Justification, Lea Emerson, Executive Director, International Postal Affairs, asserts that ‘‘[t]he addition of the [Bilateral] Agreement as a competitive product will enable the Commission to verify that the agreement covers its attributable costs and enables competitive products, as a whole, to make a positive contribution to coverage of institutional costs.’’ Id. at 2. W. Ashley Lyons, Manager, Corporate Financial Planning, Finance Department, certifies that the contract complies with 39 U.S.C. 3633(a). Request, Attachment 1. He observes that the Bilateral Agreement ‘‘should not impair the ability of competitive products on the whole to cover an 1 Request of the United States Postal Service to Add Canada Post—United States Postal Service Contractual Bilateral Agreement for Inbound Competitive Services to the Competitive Product List, and Notice of Filing (Under Seal) the Enabling Governors’ Decision and Agreement, November 13, 2008 (Request). 2 See Attachment 1 to the Request. 3 See Attachment 2 to the Request. VerDate Aug<31>2005 14:24 Nov 20, 2008 Jkt 217001 appropriate share of institutional costs.’’ Id. As noted, the Postal Service filed much of the supporting materials, including the Governors’ Decision and the Bilateral Agreement, under seal. It maintains that the Bilateral Agreement, related financial information, and the Governors’ Decision should remain under seal as they contain pricing, cost, and other information that are highly confidential. Request at 2.4 The Postal Service has an existing bilateral agreement with Canada Post which is set to expire December 31, 2008. Id. at 3. The new prices and classifications modify the current agreement, extend it for 1 year, and are scheduled to take effect January 1, 2009, or ‘‘after filing with and review by the Postal Regulatory Commission, whichever is later.’’ Governors’ Decision at 2. II. Notice of Filings The Commission establishes Docket Nos. MC2009–8 and CP2009–9 for consideration of the Request pertaining to the proposed Canada Post—United States Postal Service Contractual Bilateral Agreement 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 December 3, 2008. The public portions of these filings can be accessed via the Commission’s Web site (https:// www.prc.gov). The Commission appoints Paul L. Harrington to serve as Public Representative in these dockets. It is Ordered: 1. The Commission establishes Docket Nos. MC2009–8 and CP2009–9 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 4 The Postal Service indicates that the materials filed under seal constitute a subset of the overarching agreement between the parties, representing the parties’ agreement concerning inbound competitive services. The Postal Service further indicates that the parties anticipate finalizing ‘‘this and related agreements by midDecember, and any lingering details will not affect the rates, classification, or other fundamental basis for this Request and Notice.’’ Request at 5, n.12. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 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 December 3, 2008. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Steven W. Williams, Secretary. [FR Doc. E8–27764 Filed 11–20–08; 8:45 am] BILLING CODE 7710–FW–P POSTAL REGULATORY COMMISSION [Docket Nos. MC2009–7 and R2009–1; Order No. 133] Market Dominant Product Prices Bilateral Negotiated Service Agreement Postal Regulatory Commission. Notice. AGENCY: ACTION: SUMMARY: The Commission is noticing a recently-filed Postal Service request to add the Canada Post—United States Postal Service Contractual Bilateral Agreement for Inbound Market Dominant Services to the Market Dominant Product List. The Postal Service has also filed a related contract. This notice addresses procedural steps associated with these filings. DATES: Comments are due December 3, 2008. ADDRESSES: Submit comments 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: I. Background On November 13, 2008, the Postal Service filed a request pursuant to 39 U.S.C. 3622(c)(10) and 3642, and 39 CFR 3010.40 et seq. and 3020.30 et seq. to add the Canada Post—United States Postal Service Contractual Bilateral Agreement for Inbound Market Dominant Services (Bilateral Agreement) to the Market Dominant Product List.1 This Request has been assigned Docket No. MC2009–7. 1 Request of the United States Postal Service to Add Canada Post—United States Postal Service Contractual Bilateral Agreement for Inbound Market Dominant Services to the Market Dominant Product List, Notice of Type 2 Rate Adjustment, and Notice E:\FR\FM\21NON1.SGM 21NON1 Federal Register / Vol. 73, No. 226 / Friday, November 21, 2008 / Notices dwashington3 on PRODPC61 with NOTICES The Postal Service contemporaneously filed notice that the Governors have authorized a Type 2 rate adjustment to establish rates for inbound market dominant services as reflected in the Bilateral Agreement.2 More specifically, the Bilateral Agreement, which has been assigned Docket No. R2009–1, governs the exchange of inbound air and surface letters post (LC/AO) and Xpresspost from Canada.3 The Request includes two attachments. Attachment 1 sets forth proposed Mail Classification Schedule language; Attachment 2 provides a Statement of Supporting Justification as required by 39 CFR 3020.32. In addition, the Postal Service indicates that it filed an unredacted copy of the contract and supporting materials under seal. Request at 2, n.2. In the Statement of Supporting Justification, Lea Emerson, Executive Director, International Postal Affairs, reviews the factors of section 3622(c) and concludes, inter alia, that the revenues generated will cover the attributable costs of the services offered under the Bilateral Agreement; that the rates are preferable to default rates set by the Universal Postal Union; and that the rates represent a modest increase over those reflected in the existing bilateral agreement with Canada Post. Request, Attachment 2, at 2–4. In its Request, the Postal Service provides information responsive to part 3010, subpart D of the Commission’s rules. To that end, it addresses the requirements of section 3622(c)(10) as well as certain details of the negotiated service agreement. Request at 2–7. The Postal Service asserts that the Bilateral Agreement satisfies all applicable statutory criteria. Id. at 7–8. The Postal Service filed much of the supporting materials, financial analysis, and specific Bilateral Agreement under seal. Id. at 2, n.2. The Postal Service maintains that the Bilateral Agreement and related financial information should remain under seal, as they contain pricing, cost, and other information that are highly confidential. Id. at 2.4 of Filing Agreement (Under Seal), November 13, 2008 (Request). 2 Type 2 rate adjustments involve negotiated service agreements. See 39 CFR 3010.5. 3 To elaborate, the Bilateral Agreement covers Letter Post, including letters, flats, packets, containers, and International Registered Mail service ancillary thereto, and Canada Post’s Xpresspost, which consists of documents and packages containing merchandise. Request at 3. 4 The Postal Service indicates that the materials filed under seal constitute a subset of the overarching agreement between the parties. Although unstated, presumably the subset represents the parties’ agreement concerning VerDate Aug<31>2005 14:24 Nov 20, 2008 Jkt 217001 The Postal Service has an existing bilateral agreement with Canada Post which is set to expire December 31, 2008. Id. at 8. The Bilateral Agreement represents a one-year extension of the existing agreement, with some modifications. It has a planned effective date of January 1, 2009. Id. at 3. The Postal Service urges the Commission to act promptly to allow the rates to be implemented under 39 CFR 3010.40. Id. at 8. II. Notice of Filings Pursuant to 39 U.S.C. sections 3622 and 3642, the Commission establishes Docket Nos. MC2009–7 and R2009–1 for consideration of the Request pertaining to the proposed Canada Post—United States Postal Service Contractual Bilateral Agreement 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. 3622, 3642, 39 CFR part 3010.40, and 39 CFR 3020 subpart B. Because the Commission is addressing these dockets on a consolidated basis, the due dates for comments are December 3, 2008. The public portions of these filings can be accessed via the Commission’s Web site (https:// www.prc.gov). The Commission appoints Paul L. Harrington to serve as Public Representative in these dockets. 70683 By the Commission. Steven W. Williams, Secretary. [FR Doc. E8–27746 Filed 11–20–08; 8:45 am] BILLING CODE 7710–FW–P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Federal Register Citation of Previous Announcement 73 FR 67905, November 17, 2008. STATUS: Open Meeting. PLACE: 100 F Street, NW., Washington, DC. DATE AND TIME OF PREVIOUSLY ANNOUNCED MEETING: November 19, 2008. Deletion of an Item. The following item will not be considered during the Open Meeting on Wednesday, November 19, 2008: CHANGE IN THE MEETING: whether to adopt rule amendments that would impose additional requirements on nationally recognized statistical rating organizations in order to address concerns about the integrity of their credit rating procedures and methodologies. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact the Office of the Secretary at (202) 551–5400. Dated: November 19, 2008. Florence E. Harmon, Acting Secretary. [FR Doc. E8–27832 Filed 11–20–08; 8:45 am] BILLING CODE 8011–01–P It is Ordered 1. The Commission establishes Docket Nos. MC2009–7 and R2009–1 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 December 3, 2008. 4. The Secretary shall arrange for publication of this order in the Federal Register. inbound market dominant services. The Postal Service further indicates that the parties anticipate finalizing ‘‘this and related agreements by midDecember, and any lingering details will not affect the rates, classification, or other fundamental basis for this Request and Notice.’’ Request at 3, n.4. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–58955; File No. SR–CBOE– 2008–109] Self-Regulatory Organizations; Chicago Board Options Exchange, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Consolidate into a Single Rule Certain Requirements for Products Traded on the CBOE Stock Exchange Pursuant to Unlisted Trading Privileges November 14, 2008. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 1 15 2 17 U.S.C. 78s(b)(1). CFR 240.19b–4. E:\FR\FM\21NON1.SGM 21NON1

Agencies

POSTAL REGULATORY COMMISSION

[Federal Register Volume 73, Number 226 (Friday, November 21, 2008)]
[Notices]
[Pages 70682-70683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27746]


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POSTAL REGULATORY COMMISSION

[Docket Nos. MC2009-7 and R2009-1; Order No. 133]


Market Dominant Product Prices Bilateral Negotiated Service 
Agreement

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commission is noticing a recently-filed Postal Service 
request to add the Canada Post--United States Postal Service 
Contractual Bilateral Agreement for Inbound Market Dominant Services to 
the Market Dominant Product List. The Postal Service has also filed a 
related contract. This notice addresses procedural steps associated 
with these filings.

DATES: Comments are due December 3, 2008.

ADDRESSES: Submit comments 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:

I. Background

    On November 13, 2008, the Postal Service filed a request pursuant 
to 39 U.S.C. 3622(c)(10) and 3642, and 39 CFR 3010.40 et seq. and 
3020.30 et seq. to add the Canada Post--United States Postal Service 
Contractual Bilateral Agreement for Inbound Market Dominant Services 
(Bilateral Agreement) to the Market Dominant Product List.\1\ This 
Request has been assigned Docket No. MC2009-7.
---------------------------------------------------------------------------

    \1\ Request of the United States Postal Service to Add Canada 
Post--United States Postal Service Contractual Bilateral Agreement 
for Inbound Market Dominant Services to the Market Dominant Product 
List, Notice of Type 2 Rate Adjustment, and Notice of Filing 
Agreement (Under Seal), November 13, 2008 (Request).

---------------------------------------------------------------------------

[[Page 70683]]

    The Postal Service contemporaneously filed notice that the 
Governors have authorized a Type 2 rate adjustment to establish rates 
for inbound market dominant services as reflected in the Bilateral 
Agreement.\2\ More specifically, the Bilateral Agreement, which has 
been assigned Docket No. R2009-1, governs the exchange of inbound air 
and surface letters post (LC/AO) and Xpresspost from Canada.\3\
---------------------------------------------------------------------------

    \2\ Type 2 rate adjustments involve negotiated service 
agreements. See 39 CFR 3010.5.
    \3\ To elaborate, the Bilateral Agreement covers Letter Post, 
including letters, flats, packets, containers, and International 
Registered Mail service ancillary thereto, and Canada Post's 
Xpresspost, which consists of documents and packages containing 
merchandise. Request at 3.
---------------------------------------------------------------------------

    The Request includes two attachments. Attachment 1 sets forth 
proposed Mail Classification Schedule language; Attachment 2 provides a 
Statement of Supporting Justification as required by 39 CFR 3020.32. In 
addition, the Postal Service indicates that it filed an unredacted copy 
of the contract and supporting materials under seal. Request at 2, n.2.
    In the Statement of Supporting Justification, Lea Emerson, 
Executive Director, International Postal Affairs, reviews the factors 
of section 3622(c) and concludes, inter alia, that the revenues 
generated will cover the attributable costs of the services offered 
under the Bilateral Agreement; that the rates are preferable to default 
rates set by the Universal Postal Union; and that the rates represent a 
modest increase over those reflected in the existing bilateral 
agreement with Canada Post. Request, Attachment 2, at 2-4.
    In its Request, the Postal Service provides information responsive 
to part 3010, subpart D of the Commission's rules. To that end, it 
addresses the requirements of section 3622(c)(10) as well as certain 
details of the negotiated service agreement. Request at 2-7. The Postal 
Service asserts that the Bilateral Agreement satisfies all applicable 
statutory criteria. Id. at 7-8.
    The Postal Service filed much of the supporting materials, 
financial analysis, and specific Bilateral Agreement under seal. Id. at 
2, n.2. The Postal Service maintains that the Bilateral Agreement and 
related financial information should remain under seal, as they contain 
pricing, cost, and other information that are highly confidential. Id. 
at 2.\4\
---------------------------------------------------------------------------

    \4\ The Postal Service indicates that the materials filed under 
seal constitute a subset of the overarching agreement between the 
parties. Although unstated, presumably the subset represents the 
parties' agreement concerning inbound market dominant services. The 
Postal Service further indicates that the parties anticipate 
finalizing ``this and related agreements by mid-December, and any 
lingering details will not affect the rates, classification, or 
other fundamental basis for this Request and Notice.'' Request at 3, 
n.4.
---------------------------------------------------------------------------

    The Postal Service has an existing bilateral agreement with Canada 
Post which is set to expire December 31, 2008. Id. at 8. The Bilateral 
Agreement represents a one-year extension of the existing agreement, 
with some modifications. It has a planned effective date of January 1, 
2009. Id. at 3. The Postal Service urges the Commission to act promptly 
to allow the rates to be implemented under 39 CFR 3010.40. Id. at 8.

II. Notice of Filings

    Pursuant to 39 U.S.C. sections 3622 and 3642, the Commission 
establishes Docket Nos. MC2009-7 and R2009-1 for consideration of the 
Request pertaining to the proposed Canada Post--United States Postal 
Service Contractual Bilateral Agreement 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. 3622, 3642, 39 CFR part 3010.40, and 39 CFR 3020 
subpart B. Because the Commission is addressing these dockets on a 
consolidated basis, the due dates for comments are December 3, 2008. 
The public portions of these filings can be accessed via the 
Commission's Web site (https://www.prc.gov).
    The Commission appoints Paul L. Harrington to serve as Public 
Representative in these dockets.

It is Ordered

    1. The Commission establishes Docket Nos. MC2009-7 and R2009-1 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 December 3, 2008.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Steven W. Williams,
Secretary.
 [FR Doc. E8-27746 Filed 11-20-08; 8:45 am]
BILLING CODE 7710-FW-P

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