New Competitive Postal Product, 41759-41760 [E9-19809]

Download as PDF Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES Governors’ Decision No. 08–7 which establishes prices and classifications for GEPS contracts. The Postal Service 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 3 and 4, respectively. Id. at 2. The term of the instant contract is one 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 contends that the instant contract satisfies the pricing formula and classification system established in Governors’ Decision No. 08–7. In addition, it states that several factors demonstrate the contract’s functional equivalence with the previous GEPS 1 contracts, including the following: the customers are small or medium-sized businesses that mail directly to foreign destinations using EMI and/or PMI; the contract term of one 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 contract’s functional equivalency because the GEPS 1 contracts share similar cost attributes and methodology. Id. at 4–5. The Postal Service identifies other provisions which it states reflect minor differences between mailers.4 These distinctions include provisions clarifying the correlation between regulatory oversight and contract expiration 5 and the availability of other Postal Service products and services; exclusion of certain flat rate products from the mail qualifying for discounts; a simpler mailing notice requirement along with provisions to meet scheduling needs; mail tender location changes; specific liquidated damages terms; provisions clarifying the mailer’s volume and revenue commitment calculation in the event of early termination; and provisions clarifying aspects subject to regulatory oversight or revisions to update terms or references from a prior contract. 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 concludes that this contract is functionally equivalent to previous GEPS 1 contracts and requests that this contract be included within the GEPS 1 product. Id. 4 The Postal Service states that the instant contract is the same as the contract approved by the Commission in Docket No. CP2009–50, Order Concerning Filing of Additional Global Expedited Package Services 1 Negotiated Service Agreement, July 29, 2009. It asserts the only differences are the liquidated damages provisions and tender provisions. Id. at 2, n.4. 5 The Postal Service states that some of the contracts generally provide that if all applicable reviews have not been completed at the time an older contract expires, the mailer must pay published prices until some alternative becomes available. In the instant case, the Postal Service seeks approval of a new GEPS 1 contract with a new customer. By the Commission. Ann C. Fisher, Acting Secretary. [FR Doc. E9–19808 Filed 8–17–09; 8:45 am] VerDate Nov<24>2008 16:30 Aug 17, 2009 Jkt 217001 II. Notice of Filing The Commission establishes Docket No. CP2009–59 for consideration of 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 August 19, 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 filing. III. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. CP2009–59 for consideration of the issues raised in this docket. 2. Comments by interested persons in these proceedings are due no later than August 19, 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. BILLING CODE 7710–FW–P POSTAL REGULATORY COMMISSION [Docket No. CP2009–58; Order No. 274] New Competitive Postal Product AGENCY: PO 00000 Postal Regulatory Commission. Frm 00086 Fmt 4703 Sfmt 4703 ACTION: 41759 Notice. SUMMARY: The Commission is noticing a recently-filed Postal Service request to add a Global Expedited Package Services 1 (GEPS 1) contract to the Competitive Product List. This notice addresses procedural steps associated with this filing. DATES: Comments are due August 19, 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 August 7, 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 previously submitted GEPS 1 contracts.3 Notice at 1–2. 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. It filed an application for non-public treatment of materials to maintain the contract and supporting documents 1 Notice of United States Postal Service Filing of Functionally Equivalent Global Expedited Package Services 1 Negotiated Service Agreement and Application for Non-Public Treatment of Materials Filed Under Seal, August 7, 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 Contracts, May 20, 2008. 3 See Docket No. CP2008–5, Order Concerning Global Expedited Package Services Contracts, June 27, 2008, at 7 (Order No. 86). E:\FR\FM\18AUN1.SGM 18AUN1 41760 Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES under seal as Attachment 1 to the Notice. Id., Attachment 1. The Notice also includes, as Attachment 2, a redacted copy of Governors’ Decision No. 08–7 which establishes prices and classifications for GEPS contracts. The Postal Service 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 3 and 4, respectively. Id. at 2. The term of the instant contract is one 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 contends that the instant contract satisfies the pricing formula and classification system established in Governors’ Decision No. 08–7. In addition, it states that several factors demonstrate the contract’s functional equivalence with the previous GEPS 1 contracts, including the following: The customers are small or medium-sized businesses that mail directly to foreign destinations using EMI and/or PMI; the contract term of one year applies to all GEPS 1 contracts; the contracts have similar cost and market characteristics; and each requires payment through permit imprint. Id. at 3–4. 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 contract’s functional equivalency because the GEPS 1 contracts share similar cost attributes and methodology. Id. at 4–5. The Postal Service identifies other provisions which it states reflect minor differences between mailers.4 These distinctions include provisions clarifying the correlation between regulatory oversight and contract expiration5 and the availability of other Postal Service products and services; exclusion of certain flat rate products 4 The Postal Service states that the instant contract is the same as the contract approved by the Commission in Docket No. CP2009–50, Order Concerning Filing of Additional Global Expedited Package Services 1 Negotiated Service Agreement, July 29, 2009. It asserts the only differences are the liquidated damages provisions and tender provisions. Id. at 2, n.4. 5 The Postal Service states that some of the contracts generally provide that if all applicable reviews have not been completed at the time an older contract expires, the mailer must pay published prices until some alternative becomes available. In the instant case, the Postal Service seeks approval of a new GEPS 1 contract with a new customer. VerDate Nov<24>2008 16:30 Aug 17, 2009 Jkt 217001 from the mail qualifying for discounts; a simpler mailing notice requirement along with provisions to meet scheduling needs; mail tender location changes; specific liquidated damages terms; provisions clarifying the mailer’s volume and revenue commitment calculation in the event of early termination; and provisions clarifying aspects subject to regulatory oversight or revisions to update terms or references from a prior contract. 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 concludes that this contract is functionally equivalent to previous GEPS 1 contracts and requests that this contract be included within the GEPS 1 product. Id. II. Notice of Filing The Commission establishes Docket No. CP2009–58 for consideration of 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 August 19, 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 filing. III. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. CP2009–58 for consideration of the issues raised in this docket. 2. Comments by interested persons in these proceedings are due no later than August 19, 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. SMALL BUSINESS ADMINISTRATION Data Collection Available for Public Comments and Recommendations ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this notice announces the Small Business Administration’s intentions to request approval on a new and/or currently approved information collection. DATES: Submit comments on or before October 19, 2009. ADDRESSES: Send all comments regarding whether this information collection is necessary for the proper performance of the function of the agency, whether the burden estimates are accurate, and if there are ways to minimize the estimated burden and enhance the quality of the collection, to Gail Hepler, Chief 7a Loan Policy Branch, Office of Financial Assistance, Small Business Administration, 409 3rd Street, 8th Floor, Washington, DC 20416. FOR FURTHER INFORMATION CONTACT: Gail Hepler, Chief 7a Loan Policy Branch, Office of Financial Assistance 202–205– 7530 gail.hepler@sba.gov Curtis B. Rich, Management Analyst, 202–205–7030 curtis.rich@sba.gov. The Small Business Administration (SBA) is authorize to guaranty loans in the SBA Express and Pilot Loan Programs. The regulations covering these and other loan programs at 13 CFR part 120 requires certain information from loan applicants and lenders. Title: ‘‘SBA Express and Pilot Loan Programs (Export Express, Community Express and Patriot Express.’’ Description of Respondents: Small Business Clients. Form Number’s: 1919, 1920SX, A, B, C, 2237, 2239. Annual Responses: 98,200. Annual Burden: 52,474. SUPPLEMENTARY INFORMATION: Curtis B. Rich, Acting Chief, Administrative Information Branch. [FR Doc. E9–19797 Filed 8–17–09; 8:45 am] BILLING CODE 8025–01–P Ann C. Fisher, Acting Secretary. [FR Doc. E9–19809 Filed 8–17–09; 8:45 am] BILLING CODE 7710–FW–P PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\18AUN1.SGM 18AUN1

Agencies

[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Notices]
[Pages 41759-41760]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19809]


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

POSTAL REGULATORY COMMISSION

[Docket No. CP2009-58; Order No. 274]


New Competitive Postal Product

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 (GEPS 1) contract 
to the Competitive Product List. This notice addresses procedural steps 
associated with this filing.

DATES: Comments are due August 19, 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 August 7, 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 previously 
submitted GEPS 1 contracts.\3\ Notice at 1-2.
---------------------------------------------------------------------------

    \1\ Notice of United States Postal Service Filing of 
Functionally Equivalent Global Expedited Package Services 1 
Negotiated Service Agreement and Application for Non-Public 
Treatment of Materials Filed Under Seal, August 7, 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 Contracts, 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. It filed an 
application for non-public treatment of materials to maintain the 
contract and supporting documents

[[Page 41760]]

under seal as Attachment 1 to the Notice. Id., Attachment 1.
    The Notice also includes, as Attachment 2, a redacted copy of 
Governors' Decision No. 08-7 which establishes prices and 
classifications for GEPS contracts. The Postal Service 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 3 and 4, respectively. Id. at 
2. The term of the instant contract is one 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 contends that the instant contract satisfies the pricing 
formula and classification system established in Governors' Decision 
No. 08-7. In addition, it states that several factors demonstrate the 
contract's functional equivalence with the previous GEPS 1 contracts, 
including the following: The customers are small or medium-sized 
businesses that mail directly to foreign destinations using EMI and/or 
PMI; the contract term of one year applies to all GEPS 1 contracts; the 
contracts have similar cost and market characteristics; and each 
requires payment through permit imprint. Id. at 3-4. 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 contract's functional equivalency 
because the GEPS 1 contracts share similar cost attributes and 
methodology. Id. at 4-5.
    The Postal Service identifies other provisions which it states 
reflect minor differences between mailers.\4\ These distinctions 
include provisions clarifying the correlation between regulatory 
oversight and contract expiration\5\ and the availability of other 
Postal Service products and services; exclusion of certain flat rate 
products from the mail qualifying for discounts; a simpler mailing 
notice requirement along with provisions to meet scheduling needs; mail 
tender location changes; specific liquidated damages terms; provisions 
clarifying the mailer's volume and revenue commitment calculation in 
the event of early termination; and provisions clarifying aspects 
subject to regulatory oversight or revisions to update terms or 
references from a prior contract. Id. at 5-6.
---------------------------------------------------------------------------

    \4\ The Postal Service states that the instant contract is the 
same as the contract approved by the Commission in Docket No. 
CP2009-50, Order Concerning Filing of Additional Global Expedited 
Package Services 1 Negotiated Service Agreement, July 29, 2009. It 
asserts the only differences are the liquidated damages provisions 
and tender provisions. Id. at 2, n.4.
    \5\ The Postal Service states that some of the contracts 
generally provide that if all applicable reviews have not been 
completed at the time an older contract expires, the mailer must pay 
published prices until some alternative becomes available. In the 
instant case, the Postal Service seeks approval of a new GEPS 1 
contract with a new customer.
---------------------------------------------------------------------------

    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 concludes that this contract is functionally 
equivalent to previous GEPS 1 contracts and requests that this contract 
be included within the GEPS 1 product. Id.

II. Notice of Filing

    The Commission establishes Docket No. CP2009-58 for consideration 
of 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 August 19, 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 filing.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. CP2009-58 for 
consideration of the issues raised in this docket.
    2. Comments by interested persons in these proceedings are due no 
later than August 19, 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.

Ann C. Fisher,
Acting Secretary.
[FR Doc. E9-19809 Filed 8-17-09; 8:45 am]
BILLING CODE 7710-FW-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.