Domestic Mail Contracts, 1262-1263 [E9-289]

Download as PDF 1262 Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Notices October 10, 2007. (ADAMS ML072840444). 3. BAW–2461–A, ‘‘Risk-Informed Justification for Containment Isolation Valve Allowed Outage Time Change.’’ Revision 0, dated October 2007. (ADAMS ML072980529). 4. NUREG 1430, ‘‘Standard Technical Specifications Babcock and Wilcox Plants,’’ Revision 3.0. (ADAMS ML041830589 and ML041800598). 5. Nuclear Energy Institute 99–04, Revision 0, ‘‘Guidelines for Managing NRC Commitment Changes,’’ July 1999. 6. Final Safety Evaluation for Pressurized Water Reactors Owners Group, Topical Report, BAW–2461, Revision 0, Risk-Informed Justification for Containment Isolation Valve Allowed Outage Time Change (TAC No. MD5722) (ADAMS ML072330227). [FR Doc. E9–345 Filed 1–9–09; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket Nos. MC2009–15 and CP2009–21; Order No. 165] Domestic Mail Contracts Postal Regulatory Commission. Notice. AGENCY: ACTION: SUMMARY: The Commission is noticing a recently-filed Postal Service request to add Express Mail Contract 3 to the Competitive Product List. The Postal Service has also filed a related contract. This notice addresses procedural steps associated with these filings. DATES: Comments are due January 15, 2009. Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 202–789–6820 and stephen.sharfman@prc.gov. SUPPLEMENTARY INFORMATION: sroberts on PROD1PC70 with NOTICES I. Introduction On December 31, 2008, the Postal Service filed a formal request pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add Express Mail Contract 3 to the Competitive Product List.1 The Postal Service asserts that the Express Mail Contract 3 product is a competitive product ‘‘not of general applicability’’ 1 Request of the United States Postal Service to Add Express Mail Contract 3 to Competitive Product List and Notice of Establishment of Rates and Class Not of General Applicability, December 31, 2008 (Request). VerDate Nov<24>2008 20:34 Jan 09, 2009 Jkt 217001 within the meaning of 39 U.S.C. 3632(b)(3). Request at 1. The Request has been assigned Docket No. MC2009– 15. The Postal Service contemporaneously filed a contract related to the proposed new product pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. The contract is assigned Docket No. CP2009–21. Request. The Request incorporates (1) A redacted version of the Governors’ Decision authorizing the new product; (2) a redacted version of the contract; (3) requested changes in the Mail Classification Schedule (MCS) product list; (4) a statement of supporting justification as required by 39 CFR 3020.32; and (5) certification of compliance with 39 U.S.C. 3633(a).2 Substantively, the Request asks the Commission to add the Express Mail Contract 3 product to the Competitive Product List. Id. at 1–2. In the statement of supporting justification, Kim Parks, Manager, Sales and Communications, Expedited Shipping, asserts that the service to be provided under the contract will cover its attributable costs, make a positive contribution to institutional costs, and increase contribution toward the requisite 5.5 percent of the Postal Service’s total institutional costs. Id., Attachment D. Thus, Ms. Parks contends there will be no issue of subsidization of competitive products by market dominant products as a result of this contract. Id. Related contract. A redacted version of the specific Express Mail Contract 3 is included with the Request. The contract is for 1 year and is to be effective the day the Commission provides all necessary regulatory approvals. The Postal Service represents that the contract is consistent with 39 U.S.C. 3633(a) and 39 CFR 3015.7(c). See id., Attachment to Governors’ Decision and Attachment E. It notes that performance under this contract could vary from estimates, but concludes that the risks are manageable, and overall the contract is expected to generate significant contribution. Id., Attachment to Governors’ Decision. 2 Attachment A to the Request consists of the redacted Decision of the Governors of the United States Postal Service on Establishment of Rate and Class Not of General Applicability for Express Mail Service (Governors’ Decision No. 08–25). The Governors’ Decision includes an attachment which provides an analysis of the proposed Express Mail Contract 3. Attachment B is the redacted version of the contract. Attachment C shows the requested changes to the MCS product list. Attachment D provides a statement of supporting justification for this Request. Attachment E provides the certification of compliance with 39 U.S.C. 3633(a). PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 The Postal Service filed much of the supporting materials, including the Governors’ Decision and the specific Express Mail Contract 3, under seal.3 In its Request, the Postal Service maintains that the contract and related financial information, including the customer’s name and the accompanying analyses that provide prices, terms, conditions, and financial projections should remain under seal. Id. at 2–3. It further believes that it would be inappropriate in this case to redact information through the ‘‘blackout’’ method since it could provide information or clues about the name of the customer, the length and breadth of price charts, the complexity of annual adjustment mechanisms, or other similar sensitive information. Accordingly, it redacts the sensitive information using ellipses. Id. at 3. II. Notice of Filings The Commission establishes Docket Nos. MC2009–15 and CP2009–21 for consideration of the Request pertaining to the proposed Express Mail Contract 3 product and the related contract, 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.4 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 and 39 CFR part 3015 and 39 CFR part 3020, subpart B. Comments are due no later than January 15, 2009. 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. III. Ordering Paragraphs It is Ordered: 1. The Commission establishes Docket Nos. MC2009–15 and CP2009–21 for consideration of the matters raised in each respective 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 It notes that data filed under seal are more recent than what was available when the Governors voted. Id. at 2, n.10. 4 Docket No. MC2009–15 is reserved for only those filings related to the proposed product and the requirements of 39 U.S.C. 3642, while Docket No. CP2009–21 is reserved for those filings specific to the contract and the requirements of 39 U.S.C. 3633. E:\FR\FM\12JAN1.SGM 12JAN1 Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Notices 3. Comments by interested persons in these proceedings are due no later than January 15, 2009. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Steven W. Williams, Secretary. [FR Doc. E9–289 Filed 1–9–09; 8:45 am] BILLING CODE 7710–FW–P POSTAL REGULATORY COMMISSION [Docket Nos. MC2009–14 and CP2009–20; Order No. 164] International Mail Contracts Postal Regulatory Commission. Notice. AGENCY: ACTION: SUMMARY: The Commission is noticing a recently-filed Postal Service request to add International Business Reply Service (IBRS) to the Competitive Product List. The Postal Service has also filed a related contract. The notice invites public comment and addresses routine procedural matters. In addition, it directs several questions to the Postal Service. DATES: Postal Service responses to questions identified in this notice are due January 12, 2009. Comments are due January 16, 2009. 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: Service asserts that the new International Business Reply Service Contract 1 product is a competitive product ‘‘not of general applicability’’ within the meaning of 39 U.S.C. 3632(b)(3). Request at 1. The Request has been assigned Docket No. MC2009– 14. The Postal Service contemporaneously filed a contract related to the proposed new product pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. The contract has been assigned Docket No. CP2009–20. Request. The Request incorporates (1) A statement of supporting justification as required by 39 CFR 3020.32, (2) a redacted version of the Governors’ Decision authorizing the new product; (3) requested changes to the Mail Classification Schedule; and (4) a certification of compliance with 39 U.S.C. 3633(a).2 Substantively, the Request seeks to add International Business Reply Service Contract 1 to the Competitive Product List. Id. at 1–2. In the statement of supporting justification, Jo Ann Miller, Director, Global Business Development, asserts that the service to be provided under the contract will cover its attributable costs, make a positive contribution to institutional costs, and increase contribution toward the requisite 5.5 percent of the Postal Service’s total institutional costs. Id., Attachment 1. Thus, Ms. Miller contends there will be no issue of subsidization of competitive products by market dominant products as a result of this contract. Id. Product description. As part of her statement of supporting justification, Ms. Miller describes the proposed product. She explains that IBRS contracts are for U.S.-based entities seeking a channel for returned merchandise or other articles from their I. Introduction sroberts on PROD1PC70 with NOTICES On December 24, 2008, the Postal Service filed a formal request pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add International Business Reply Service Contract 1 to the Competitive Product List.1 The Postal 1 Request of the United States Postal Service to Add International Business Reply Service Contracts to the Competitive Products List, and Notice of Filing (Under Seal) Contract and Enabling Governors’ Decision, December 24, 2008 (Request). The Postal Service proposes to call this new product ‘‘International Business Reply Service Contracts.’’ In this Notice, the Commission proposes to slightly alter that proposed name to ‘‘International Business Reply Service Contract 1’’ to provide for the possibility that more than one type of International Business Reply Service contract may exist in the future that is not functionally or substantially equivalent to the proposed Docket No. CP2009–20 contract. This may occur even though other future contracts may meet VerDate Nov<24>2008 20:34 Jan 09, 2009 Jkt 217001 the parameters set by the Governors’ Decision No. 08–24. 2 Attachment 1 consists of a statement of supporting justification for this Request. Attachment 2 is the redacted Decision of the Governors of the United States Postal Service on Establishment of Prices and Classifications for International Business Reply Service (IBRS) Contracts (Governors’ Decision No. 08–24). The Governors’ Decision includes three attachments. Attachment A is proposed Mail Classification Schedule language. Attachment B is the price floor and price ceiling formulas approved by the Governors. Attachment C provides an analysis of the proposed price floor and price ceilings discussed in Attachment B. Attachment D is a certification as to the formulas for prices offered under applicable International Business Reply Service contracts. Attachment 3 is a redacted certification for the IBRS contract at issue in Docket No. CP2009–20. Unredacted copies of the Governors’ Decision, the IBRS contract, the certification, and other supporting documentation establishing compliance with 39 CFR 3015.5 were filed separately with the Commission under seal. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 1263 overseas customers. Such entities typically supply preprinted, prepaid IBRS packaging in which their customers can place used or defective consumer items into the mailstream at no direct cost. The business entity compensates the Postal Service for this service, and the Postal Service remits to the relevant foreign postal administration the amount due for collection and transportation of the items in the foreign country. Id., Attachment 1, section (d). Related contracts. An unredacted version of the specific International Business Reply Service Contract 1 is included with the Request filed under seal. Unlike past practice, the entirety of the Docket No. CP2009–20 contract was filed under seal, and no redacted version was filed publicly. The Commission requests the Postal Service to explain why no portions of this contract can be filed publicly no later than January 12, 2009. The contract is for 1 year from the date the Postal Service notifies the customer that all necessary approvals and reviews of the agreement have been obtained. The Postal Service represents that the contract is consistent with 39 U.S.C. 3633(a). See id., Attachment 1 and Attachment 3. The Postal Service also explains that it has two ongoing similar arrangements with two customers whose prior contracts officially expired. These ‘‘contingency arrangements’’ survive the contracts’ expiration and govern any residual items that third parties might continue to enter into the mailstream for return to the IBRS customers. The Postal Service states when the Docket No. CP2009–20 contract expires, this contingency arrangement will continue with respect to this contract partner until such time as a new IBRS contract can take effect after all necessary approvals and reviews. The Postal Service shall provide any and all IBRS contingency arrangements currently in effect no later than January 12, 2009. See Request at 3. Confidentiality. The Postal Service filed much of the supporting materials, including the Governors’ Decision and the specific International Business Reply Service Contract 1, under seal. In its Request, the Postal Service maintains that the contract, related financial information, the customer’s name, the accompanying analyses and certified statements that provide cost, prices, terms, conditions, and financial projections should remain under seal. Id. at 3–4. It notes that prices and other contract terms relating to parties’ processes and procedures are confidential in the business world and E:\FR\FM\12JAN1.SGM 12JAN1

Agencies

[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Notices]
[Pages 1262-1263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-289]


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POSTAL REGULATORY COMMISSION

[Docket Nos. MC2009-15 and CP2009-21; Order No. 165]


Domestic Mail Contracts

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recently-filed Postal Service 
request to add Express Mail Contract 3 to the Competitive Product List. 
The Postal Service has also filed a related contract. This notice 
addresses procedural steps associated with these filings.

DATES: Comments are due January 15, 2009.

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. Introduction

    On December 31, 2008, the Postal Service filed a formal request 
pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add Express 
Mail Contract 3 to the Competitive Product List.\1\ The Postal Service 
asserts that the Express Mail Contract 3 product is a competitive 
product ``not of general applicability'' within the meaning of 39 
U.S.C. 3632(b)(3). Request at 1. The Request has been assigned Docket 
No. MC2009-15.
---------------------------------------------------------------------------

    \1\ Request of the United States Postal Service to Add Express 
Mail Contract 3 to Competitive Product List and Notice of 
Establishment of Rates and Class Not of General Applicability, 
December 31, 2008 (Request).
---------------------------------------------------------------------------

    The Postal Service contemporaneously filed a contract related to 
the proposed new product pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 
3015.5. The contract is assigned Docket No. CP2009-21.
    Request. The Request incorporates (1) A redacted version of the 
Governors' Decision authorizing the new product; (2) a redacted version 
of the contract; (3) requested changes in the Mail Classification 
Schedule (MCS) product list; (4) a statement of supporting 
justification as required by 39 CFR 3020.32; and (5) certification of 
compliance with 39 U.S.C. 3633(a).\2\ Substantively, the Request asks 
the Commission to add the Express Mail Contract 3 product to the 
Competitive Product List. Id. at 1-2.
---------------------------------------------------------------------------

    \2\ Attachment A to the Request consists of the redacted 
Decision of the Governors of the United States Postal Service on 
Establishment of Rate and Class Not of General Applicability for 
Express Mail Service (Governors' Decision No. 08-25). The Governors' 
Decision includes an attachment which provides an analysis of the 
proposed Express Mail Contract 3. Attachment B is the redacted 
version of the contract. Attachment C shows the requested changes to 
the MCS product list. Attachment D provides a statement of 
supporting justification for this Request. Attachment E provides the 
certification of compliance with 39 U.S.C. 3633(a).
---------------------------------------------------------------------------

    In the statement of supporting justification, Kim Parks, Manager, 
Sales and Communications, Expedited Shipping, asserts that the service 
to be provided under the contract will cover its attributable costs, 
make a positive contribution to institutional costs, and increase 
contribution toward the requisite 5.5 percent of the Postal Service's 
total institutional costs. Id., Attachment D. Thus, Ms. Parks contends 
there will be no issue of subsidization of competitive products by 
market dominant products as a result of this contract. Id.
    Related contract. A redacted version of the specific Express Mail 
Contract 3 is included with the Request. The contract is for 1 year and 
is to be effective the day the Commission provides all necessary 
regulatory approvals. The Postal Service represents that the contract 
is consistent with 39 U.S.C. 3633(a) and 39 CFR 3015.7(c). See id., 
Attachment to Governors' Decision and Attachment E. It notes that 
performance under this contract could vary from estimates, but 
concludes that the risks are manageable, and overall the contract is 
expected to generate significant contribution. Id., Attachment to 
Governors' Decision.
    The Postal Service filed much of the supporting materials, 
including the Governors' Decision and the specific Express Mail 
Contract 3, under seal.\3\ In its Request, the Postal Service maintains 
that the contract and related financial information, including the 
customer's name and the accompanying analyses that provide prices, 
terms, conditions, and financial projections should remain under seal. 
Id. at 2-3. It further believes that it would be inappropriate in this 
case to redact information through the ``blackout'' method since it 
could provide information or clues about the name of the customer, the 
length and breadth of price charts, the complexity of annual adjustment 
mechanisms, or other similar sensitive information. Accordingly, it 
redacts the sensitive information using ellipses. Id. at 3.
---------------------------------------------------------------------------

    \3\ It notes that data filed under seal are more recent than 
what was available when the Governors voted. Id. at 2, n.10.
---------------------------------------------------------------------------

II. Notice of Filings

    The Commission establishes Docket Nos. MC2009-15 and CP2009-21 for 
consideration of the Request pertaining to the proposed Express Mail 
Contract 3 product and the related contract, 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.\4\
---------------------------------------------------------------------------

    \4\ Docket No. MC2009-15 is reserved for only those filings 
related to the proposed product and the requirements of 39 U.S.C. 
3642, while Docket No. CP2009-21 is reserved for those filings 
specific to the contract and the requirements of 39 U.S.C. 3633.
---------------------------------------------------------------------------

    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 and 39 CFR part 3015 and 39 
CFR part 3020, subpart B. Comments are due no later than January 15, 
2009. 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.

III. Ordering Paragraphs

    It is Ordered:
    1. The Commission establishes Docket Nos. MC2009-15 and CP2009-21 
for consideration of the matters raised in each respective 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.

[[Page 1263]]

    3. Comments by interested persons in these proceedings are due no 
later than January 15, 2009.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E9-289 Filed 1-9-09; 8:45 am]
BILLING CODE 7710-FW-P
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