Global Expedited Package Services Contract, 37254-37255 [E9-17917]

Download as PDF 37254 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices Generating Plant, Units 3 and 4), LBP– 09–3 (Ruling on Standing and Contention Admissibility); Virginia Electric and Power Co. (North Anna Unit 3), LBP–08–15 (Ruling on Standing and Contention Admissibility) tentatively scheduled on July 23, 2009, has been postponed. * * * * * The NRC Commission Meeting Schedule can be found on the Internet at: https://www.nrc.gov/about-nrc/policymaking/schedule.html. * * * * * The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. braille, large print), please notify the NRC’s Disability Program Coordinator, Rohn Brown, at 301–492–2279, TDD: 301–415–2100, or by e-mail at rohn.brown@nrc.gov. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. * * * * * This notice is distributed electronically to subscribers. If you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301–415–1969), or send an e-mail to darlene.wright@nrc.gov. Dated: July 23, 2009. Rochelle C. Bavol, Office of the Secretary. [FR Doc. E9–17997 Filed 7–24–09; 4:15 pm] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket No. CP2009–52; Order No. 253] Global Expedited Package Services Contract Postal Regulatory Commission. Notice. AGENCY: mstockstill on DSKH9S0YB1PROD with NOTICES ACTION: SUMMARY: The Commission is noticing a recently-filed Postal Service request to add a Global Expedited Package Services 1 contract to the Competitive Product List. This notice addresses procedural steps associated with these filings. Comments are due July 31, 2009. Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. DATES: ADDRESSES: VerDate Nov<24>2008 19:36 Jul 27, 2009 Jkt 217001 FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 202–789–6820 and stephen.sharfman@prc.gov. SUPPLEMENTARY INFORMATION: I. Introduction II. Notice of Filing III. Ordering Paragraphs I. Introduction On July 21, 2009, the Postal Service filed a notice announcing that it has entered into an additional Global Expedited Package Services 1 (GEPS 1) contract.1 GEPS 1 provides volumebased incentives for mailers that send large volumes of Express Mail International (EMI) and/or Priority Mail International (PMI). The Postal Service believes the instant contract is functionally equivalent to previously submitted GEPS 1 contracts, and is supported by the Governors’ Decision filed in Docket No. CP2008–4.2 Notice at 1. It further notes that in Order No. 86, which established GEPS 1 as a product, the Commission held that additional contracts may be included as part of the GEPS 1 product if they meet the requirements of 39 U.S.C. 3633, and if they are functionally equivalent to the initial GEPS 1 contract filed in Docket No. CP2008–5.3 Notice at 1. The instant contract. The Postal Service filed the instant contract pursuant to 39 CFR 3015.5. In addition, the Postal Service contends that the contract is in accordance with Order No. 86. The Postal Service states that the instant contract replaces the contract for the customer in Docket No. CP2008–13, which will end on August 31, 2009. Id. at 2. It submitted the contract and supporting material under seal, and attached a redacted copy of the contract and certified statement required by 39 CFR 3015.5(c)(2) to the Notice as Attachments 1 and 2, respectively. Id. at 1–2. The term of the instant contract is 1 year from the date the Postal Service notifies the customer that all necessary regulatory approvals have been received. The Notice advances reasons why the instant GEPS 1 contract fits within the Mail Classification Schedule language for GEPS 1. The Postal Service asserts 1 Notice of United States Postal Service Filing of Functionally Equivalent Global Expedited Package Services 1 Negotiated Service Agreement, July 16, 2009 (Notice). 2 See Docket No. CP2008–4, Notice of United States Postal Service of Governors’ Decision Establishing Prices and Classifications for Global Expedited Package Services Contents, May 20, 2008. 3 See Docket No. CP2008–5, Order Concerning Global Expedited Package Services Contracts, June 27, 2008, at 7 (Order No. 86). PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 that the instant contract is functionally equivalent to the GEPS 1 contracts filed previously. It states that in Governors’ Decision No. 08–7, a pricing formula and classification system were established to ensure that each contract meets the statutory and regulatory requirements of 39 U.S.C. 3633. The Postal Service contends that the instant contract demonstrates its functional equivalence with the previous GEPS 1 contracts because of several factors: The customers are small or medium-sized businesses that mail directly to foreign destinations using EMI and/or PMI, the contract term of 1 year applies to all GEPS 1 contracts, the contracts have similar cost and market characteristics, and each requires payment through permit imprint. Id. at 4. It asserts that even though prices may be different based on volume or postage commitments made by the customers, or updated costing information, these differences do not affect the contracts’ functional equivalency because the GEPS 1 contracts share similar cost attributes and methodology. Id. at 4–5. The Postal Service also identifies several other contractual differences including provisions that clarify the availability of other Postal Service products and services, exclude certain flat rate products from the mail qualifying for discounts, simplify mailing notice requirements, modify mail tender locations, clarify the mailer’s volume and revenue commitment in the event of early termination, and modify the original GEPS 1 agreement to reflect changes unrelated to the mailers or negotiations of either party’s obligations under the agreement. Id. at 5–6. The Postal Service states that these differences related to a particular mailer are ‘‘incidental differences’’ and do not change the conclusion that these agreements are functionally equivalent in all substantive aspects. Id. at 6. The Postal Service requests that this contract be included within the GEPS 1 product. Id. at 7. The Postal Service maintains that certain portions of the contract and certified statement required by 39 CFR 3015.5(c)(2), names of GEPS 1 customers, related financial information, portions of the certified statement which contain costs and pricing as well as the accompanying analyses that provide prices, terms, conditions, and financial projections should remain under seal. Id. at 3. II. Notice of Filing The Commission establishes Docket No. CP2009–52 for consideration of E:\FR\FM\28JYN1.SGM 28JYN1 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Notices matters related to the contract identified in the Postal Service’s Notice. Interested persons may submit comments on whether the Postal Service’s contract is consistent with the policies of 39 U.S.C. 3632, 3622 or 3642. Comments are due no later than July 31, 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 the captioned filings. III. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. CP2009–52 for consideration of the issues raised in this docket. 2. Comments by interested persons in these proceedings are due no later than July 31, 2009. 3. 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. 4. The Secretary shall arrange for publication of this order in the Federal Register. Tuesday, August 4 at 9:00 a.m. (Closed) 1. Continuation of Monday’s closed session agenda. Wednesday, August 5 at 8:30 a.m. (Open) 1. Call to Order and Approval of Minutes of Previous Meetings. 2. Remarks of the Chairman of the Board. 3. Remarks of the Postmaster General and CEO. 4. Amendments to Board Bylaws. 5. Committee Charters, Assignments and Reports. 6. Quarterly Report on Service Performance. 7. Quarterly Report on Financial Performance. 8. Tentative Agenda for the September 21, 22 and 23, 2009, meeting in Washington, DC, and Adjourn. Wednesday, August 5 at 10:30 a.m. (Closed)—If Needed. 1. Continuation of Monday’s closed session agenda. CONTACT PERSON FOR MORE INFORMATION: Julie S. Moore, Secretary of the Board, U.S. Postal Service, 475 L’Enfant Plaza, SW., Washington, DC 20260–1000. Telephone (202) 268–4800. 37255 Secretary of the Board, Julie S. Moore, at (202) 268–4800. Julie S. Moore, Secretary. [FR Doc. E9–18019 Filed 7–24–09; 4:15 pm] BILLING CODE 7710–12–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–60252; File No. SR– NYSEAmex–2009–24] Self-Regulatory Organizations; NYSE Amex LLC; Order Granting Accelerated Approval to a Proposed Rule Change Amending Rule 70.25 To Permit All Available Contra-Side Liquidity to Trigger the Execution of a d-Quote Correction In notice document E9–16545 beginning on page 34067 in the issue of Tuesday, July 14, 2009, make the following correction: On page 34067, in the first column, the docket number should read as set forth above. [FR Doc. Z9–16545 Filed 7–27–09; 8:45 am] BILLING CODE 1505–01–D By the Commission. Judith M. Grady, Acting Secretary. [FR Doc. E9–17917 Filed 7–27–09; 8:45 am] Julie S. Moore, Secretary. [FR Doc. E9–18015 Filed 7–24–09; 4:15 pm] SECURITIES AND EXCHANGE COMMISSION BILLING CODE 7710–FW–P BILLING CODE 7710–12–P [Release No. 34-60211; File No. SR-Phlx2009-51] POSTAL SERVICE Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Extension of the Penny Pilot Program POSTAL SERVICE Board of Governors; Sunshine Act Meeting Board of Governors; Sunshine Act Meeting Monday, August 3, 2009, at 4 p.m.; Tuesday, August 4, 2009, at 9 a.m.; Wednesday, August 5, 2009, at 8:30 a.m. and 10:30 a.m. PLACE: Washington, DC, at U.S. Postal Service Headquarters, 475 L’Enfant Plaza, SW., in the Benjamin Franklin Room. STATUS: August 3 at 4 p.m.—Closed; August 4 at 9 a.m.—Closed; August 5 at 8:30 a.m.—Open; August 5 at 10:30 a.m.—Closed MATTERS TO BE CONSIDERED: DATE AND TIME: Board Votes To Close July 21, 2009, Meeting In person and by telephone vote on July 21, 2009, a majority of the members contacted and voting, the Board of Governors of the United States Postal Service voted unanimously to close to public observation its meeting held in Washington, DC via teleconference. The Board determined that no earlier public notice was possible. Item Considered mstockstill on DSKH9S0YB1PROD with NOTICES General Counsel Certification 1. Financial Matters. 2. Strategic Issues. 3. Pricing. 4. Personnel Matters and Compensation Issues. 5. Governors’ Executive Session— Discussion of prior agenda items and Board Governance. The General Counsel of the United States Postal Service has certified that the meeting was properly closed under the Government in the Sunshine Act. 19:36 Jul 27, 2009 Jkt 217001 Contact Person for More Information: Requests for information about the meeting should be addressed to the PO 00000 Frm 00069 Fmt 4703 In notice document E9–16179 beginning on page 33001 in the issue of Thursday, July 9, 2009, make the following correction: The docket number is corrected to read as set forth above. [FR Doc. Z9–16179 Filed 7–27–09; 8:45 am] BILLING CODE 1505–01–D SECURITIES AND EXCHANGE COMMISSION 1. Strategic Issues. Monday, August 3 at 4 p.m. (Closed) VerDate Nov<24>2008 Correction Sfmt 4703 Proposed Extension of Existing Collection; Comment Request Upon Written Request, Copies Available From: U.S. Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. Extension: E:\FR\FM\28JYN1.SGM 28JYN1

Agencies

[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Notices]
[Pages 37254-37255]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17917]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2009-52; Order No. 253]


Global Expedited Package Services Contract

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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

SUMMARY: The Commission is noticing a recently-filed Postal Service 
request to add a Global Expedited Package Services 1 contract to the 
Competitive Product List. This notice addresses procedural steps 
associated with these filings.

DATES: Comments are due July 31, 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
II. Notice of Filing
III. Ordering Paragraphs

I. Introduction

    On July 21, 2009, the Postal Service filed a notice announcing that 
it has entered into an additional Global Expedited Package Services 1 
(GEPS 1) contract.\1\ GEPS 1 provides volume-based incentives for 
mailers that send large volumes of Express Mail International (EMI) 
and/or Priority Mail International (PMI). The Postal Service believes 
the instant contract is functionally equivalent to previously submitted 
GEPS 1 contracts, and is supported by the Governors' Decision filed in 
Docket No. CP2008-4.\2\ Notice at 1. It further notes that in Order No. 
86, which established GEPS 1 as a product, the Commission held that 
additional contracts may be included as part of the GEPS 1 product if 
they meet the requirements of 39 U.S.C. 3633, and if they are 
functionally equivalent to the initial GEPS 1 contract filed in Docket 
No. CP2008-5.\3\ Notice at 1.
---------------------------------------------------------------------------

    \1\ Notice of United States Postal Service Filing of 
Functionally Equivalent Global Expedited Package Services 1 
Negotiated Service Agreement, July 16, 2009 (Notice).
    \2\ See Docket No. CP2008-4, Notice of United States Postal 
Service of Governors' Decision Establishing Prices and 
Classifications for Global Expedited Package Services Contents, May 
20, 2008.
    \3\ See Docket No. CP2008-5, Order Concerning Global Expedited 
Package Services Contracts, June 27, 2008, at 7 (Order No. 86).
---------------------------------------------------------------------------

    The instant contract. The Postal Service filed the instant contract 
pursuant to 39 CFR 3015.5. In addition, the Postal Service contends 
that the contract is in accordance with Order No. 86. The Postal 
Service states that the instant contract replaces the contract for the 
customer in Docket No. CP2008-13, which will end on August 31, 2009. 
Id. at 2. It submitted the contract and supporting material under seal, 
and attached a redacted copy of the contract and certified statement 
required by 39 CFR 3015.5(c)(2) to the Notice as Attachments 1 and 2, 
respectively. Id. at 1-2. The term of the instant contract is 1 year 
from the date the Postal Service notifies the customer that all 
necessary regulatory approvals have been received.
    The Notice advances reasons why the instant GEPS 1 contract fits 
within the Mail Classification Schedule language for GEPS 1. The Postal 
Service asserts that the instant contract is functionally equivalent to 
the GEPS 1 contracts filed previously. It states that in Governors' 
Decision No. 08-7, a pricing formula and classification system were 
established to ensure that each contract meets the statutory and 
regulatory requirements of 39 U.S.C. 3633. The Postal Service contends 
that the instant contract demonstrates its functional equivalence with 
the previous GEPS 1 contracts because of several factors: The customers 
are small or medium-sized businesses that mail directly to foreign 
destinations using EMI and/or PMI, the contract term of 1 year applies 
to all GEPS 1 contracts, the contracts have similar cost and market 
characteristics, and each requires payment through permit imprint. Id. 
at 4. It asserts that even though prices may be different based on 
volume or postage commitments made by the customers, or updated costing 
information, these differences do not affect the contracts' functional 
equivalency because the GEPS 1 contracts share similar cost attributes 
and methodology. Id. at 4-5.
    The Postal Service also identifies several other contractual 
differences including provisions that clarify the availability of other 
Postal Service products and services, exclude certain flat rate 
products from the mail qualifying for discounts, simplify mailing 
notice requirements, modify mail tender locations, clarify the mailer's 
volume and revenue commitment in the event of early termination, and 
modify the original GEPS 1 agreement to reflect changes unrelated to 
the mailers or negotiations of either party's obligations under the 
agreement. Id. at 5-6.
    The Postal Service states that these differences related to a 
particular mailer are ``incidental differences'' and do not change the 
conclusion that these agreements are functionally equivalent in all 
substantive aspects. Id. at 6.
    The Postal Service requests that this contract be included within 
the GEPS 1 product. Id. at 7.
    The Postal Service maintains that certain portions of the contract 
and certified statement required by 39 CFR 3015.5(c)(2), names of GEPS 
1 customers, related financial information, portions of the certified 
statement which contain costs and pricing as well as the accompanying 
analyses that provide prices, terms, conditions, and financial 
projections should remain under seal. Id. at 3.

II. Notice of Filing

    The Commission establishes Docket No. CP2009-52 for consideration 
of

[[Page 37255]]

matters related to the contract identified in the Postal Service's 
Notice.
    Interested persons may submit comments on whether the Postal 
Service's contract is consistent with the policies of 39 U.S.C. 3632, 
3622 or 3642. Comments are due no later than July 31, 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 the captioned filings.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. CP2009-52 for 
consideration of the issues raised in this docket.
    2. Comments by interested persons in these proceedings are due no 
later than July 31, 2009.
    3. 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.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Judith M. Grady,
Acting Secretary.
[FR Doc. E9-17917 Filed 7-27-09; 8:45 am]
BILLING CODE 7710-FW-P
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