Before Commissioners: Ruth Y. Goldway, Chairman; Tony L. Hammond, Vice Chairman; Mark Acton; Dan G. Blair; and Nanci E. Langley; Competitive Product Prices; Global Expedited Package Services 3 (MC2010-28); Negotiated Service Agreement; Notice and Order Concerning Filing of Four Additional Global Expedited Package Services 3 Negotiated Service Agreements, 51292-51293 [2010-20515]

Agencies

• POSTAL REGULATORY COMMISSION

[Federal Register Volume 75, Number 160 (Thursday, August 19, 2010)]
[Notices]
[Pages 51292-51293]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20515]


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POSTAL REGULATORY COMMISSION

[Docket Nos. CP2010-91; CP2010-92; CP2010-93; CP2010-94; Order No. 513]


Before Commissioners: Ruth Y. Goldway, Chairman; Tony L. Hammond, 
Vice Chairman; Mark Acton; Dan G. Blair; and Nanci E. Langley; 
Competitive Product Prices; Global Expedited Package Services 3 
(MC2010-28); Negotiated Service Agreement; Notice and Order Concerning 
Filing of Four Additional Global Expedited Package Services 3 
Negotiated Service Agreements

Issued August 11, 2010.

I. Introduction

    On August 9, 2010, the Postal Service filed a notice announcing 
that it has entered into four additional Global Expedited Package 
Services 3 (GEPS 3) contracts.\1\ The Postal Service believes the 
instant contracts are functionally equivalent to previously submitted 
GEPS contracts, and are supported by Governors' Decision No. 08-7, 
attached to the Notice and originally filed in Docket No. CP2008-4. Id. 
at 1-2, Attachment 3. The Notice also explains that Order No. 86, which 
established GEPS 1 as a product, also authorized functionally 
equivalent agreements to be included within the product, provided that 
they meet the requirements of 39 U.S.C. 3633. Id. at 2. In Order No. 
290, the Commission approved the GEPS 2 product.\2\ In Order No. 503, 
the

[[Page 51293]]

Commission approved the GEPS 3 product. Additionally, the Postal 
Service requested to have the contract in Docket No. CP2010-71 serve as 
the baseline contract for future functional equivalence analyses of the 
GEPS 3 product.
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    \1\ Notice of United States Postal Service of Filing Four 
Functionally Equivalent Global Expedited Package Services 3 
Negotiated Service Agreements and Application for Non-Public 
Treatment of Materials Filed Under Seal, August 9, 2010 (Notice).
    \2\ Docket No. CP2009-50, Order Granting Clarification and 
Adding Global Expedited Package Services 2 to the Competitive 
Product List, August 28, 2009 (Order No. 290).
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    The instant contracts. The Postal Service filed the instant 
contracts pursuant to 39 CFR 3015.5. In addition, the Postal Service 
contends that each contract is in accordance with Order No. 86. The 
term of each contract is one year from the date the Postal Service 
notifies the customer that all necessary regulatory approvals have been 
received. Notice at 3.
    In support of its Notice, the Postal Service filed four attachments 
as follows:
     Attachments 1A, 1B, 1C and 1D--redacted copies of the four 
contracts and applicable annexes;
     Attachments 2A, 2B, 2C and 2D--a certified statement 
required by 39 CFR 3015.5(c)(2) for each of the four contracts;
     Attachment 3--a redacted copy of Governors' Decision No. 
08-7 which establishes prices and classifications for GEPS contracts, a 
description of applicable GEPS contracts, formulas for prices, an 
analysis of the formulas, and certification of the Governors' vote; and
     Attachment 4--an application for non-public treatment of 
materials to maintain redacted portions of the contracts and supporting 
documents under seal.
    The Notice advances reasons why the instant GEPS 3 contracts fit 
within the Mail Classification Schedule language for GEPS. The Postal 
Service identifies customer-specific information and general contract 
terms that distinguish the instant contracts from the baseline GEPS 3 
agreement all of which are highlighted in the Notice. Id. at 5. These 
modifications as described in the Postal Service's Notice apply to each 
of the instant contracts.
    The Postal Service contends that the instant contracts are 
functionally equivalent to the baseline contract for GEPS 3 and share 
the same cost and market characteristics as the previously filed GEPS 
contracts. Id. at 4. It states that the differences including updates 
and volume or postage commitments of customers, do not alter the 
contracts' functional equivalency. Id. The Postal Service asserts that 
``[b]ecause the agreements incorporate the same cost attributes and 
methodology, the relevant characteristics of these four GEPS contracts 
are similar, if not the same, as the relevant characteristics of 
previously filed contracts.'' Id.
    The Postal Service concludes that its filings demonstrate that each 
of the new GEPS 3 contracts complies with the requirements of 39 U.S.C. 
3633 and is functionally equivalent to the baseline GEPS 3 contract. 
Therefore, it requests that the instant contracts be included within 
the GEPS 3 product. Id. at 6.

II. Notice of Filing

    The Commission establishes Docket Nos. CP2010-91 through CP2010-94 
for consideration of matters related to the contracts identified in the 
Postal Service's Notice.
    These dockets are addressed on a consolidated basis for purposes of 
this Order. Filings with respect to a particular contract should be 
filed in that docket.
    Interested persons may submit comments on whether the Postal 
Service's contracts are consistent with the policies of 39 U.S.C. 3632, 
3633, or 3642. Comments are due no later than August 18, 2010. 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 proceedings.

III. Ordering Paragraphs

    It is Ordered:
    1. The Commission establishes Docket Nos. CP2010-91 through CP2010-
94 for consideration of matters raised by the Postal Service's Notice.
    2. Comments by interested persons in these proceedings are due no 
later than August 18, 2010.
    3. Pursuant to 39 U.S.C. 505, Paul L. Harrington is appointed to 
serve as the 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.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2010-20515 Filed 8-18-10; 8:45 am]
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