New Postal Product, 394-395 [2010-33161]

Download as PDF 394 Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Notices Day Event/Activity A ....................... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. (Answer receipt +7) Petitioner/Intervenor reply to answers. Decision on contention admission. A + 3 ................. A + 28 ............... A + 53 ............... A + 60 ............... > A + 60 ........... [FR Doc. 2010–33182 Filed 1–3–11; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket No. CP2011–52; Order No. 624] New Postal Product Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recently-filed Postal Service request to add a Global Direct Contracts 1 contract to the competitive product list. This notice addresses procedural steps associated with this filing. DATES: Comments are due: January 5, 2011. SUMMARY: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Commenters who cannot submit their views electronically should contact the person identified in FOR FURTHER INFORMATION CONTACT by telephone for advice on alternatives to electronic filing. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, stephen.sharfman@prc.gov or 202–789– 6820. SUPPLEMENTARY INFORMATION: ADDRESSES: Table of Contents I. Background II. Notice of Filing III. Ordering Paragraphs I. Background jlentini on DSKJ8SOYB1PROD with NOTICES On December 23, 2010, the Postal Service filed a notice announcing its intent to enter into an additional Global Direct Contracts 1 agreement.1 Global 1 Notice of United States Postal Service Filing of Functionally Equivalent Global Direct Contracts 1 Negotiated Service Agreement, December 23, 2010 (Notice). Although the agreement has not yet been signed, the Postal Service expects the agreement to be executed soon and will advise the Commission of any substantive changes to the text. Notice at 1 n.2. VerDate Mar<15>2010 14:35 Jan 03, 2011 Jkt 223001 Direct Contracts provide a rate for mail acceptance within the United States, transportation to a receiving country of mail that bears the destination country’s indicia, and payment by the Postal Service of the appropriate settlement charges to the receiving country.2 The Postal Service believes that the instant agreement should be included within the Global Direct Contracts 1 product because it is functionally equivalent to the Global Direct Contracts 1 agreement in Docket Nos. MC2010–17 and CP2010–18. Notice at 2. The instant agreement. The Postal Service filed the instant agreement under 39 CFR 3015.5. Id. at 1. In addition, the Postal Service contends that the agreement is consistent with Order No. 386.3 The Postal Service states that the instant agreement succeeds the Global Direct Contract in Docket No. CP2010–19, which is scheduled to expire January 10, 2011. Id. at 2–3. The term of the instant agreement begins on January 11, 2011 and ends in January 2012 on the day before Canada Post Corporation implements price changes for its domestic Admail. Id. at 3, Attachment 1 at 7. If prices for Admail do not change during January 2012, then the instant agreement is scheduled to expire January 31, 2012. Id. To support its Notice, the Postal Service filed four attachments as follows: 2 Decision of the Governors of the United States Postal Service on the Establishment of Prices and Classifications for Global Direct, Global Bulk Economy, and Global Plus Contracts, Docket Nos. MC2008–7, CP2008–16 and CP2008–17, issued July 16, 2008 (Governors’ Decision No. 08–10). The Commission revised the Mail Classification Schedule language proposed in Governors’ Decision No. 08–10 to reflect the actual payment practice under typical Global Direct Contracts. See Docket Nos. MC2009–9, CP2009–10 and CP2009–11, Order Concerning Global Direct Contracts Negotiated Service Agreements, December 19, 2008, at 9 (Order No. 153). 3 See Docket Nos. MC2010–17 and CP2010–18, Order Concerning Filing of Functionally Equivalent Global Direct Contracts 1 Negotiated Service Agreement, January 11, 2010 (Order No. 386). PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 • Attachment 1—a redacted copy of the contract; • Attachment 2—a certified statement required by 39 CFR 3015.5(c)(2); • Attachment 3—a redacted copy of Governors’ Decision No. 08–10, which establishes prices and classifications for Global Direct, Global Bulk Economy, and Global Plus Contracts; and • Attachment 4—an application for non-public treatment of materials to maintain redacted portions of the contract and supporting documents under seal. The Postal Service states that the instant agreement fits within the Mail Classification Schedule language for Global Direct Contracts included in Governors’ Decision No. 08–10, with the modification proposed by the Commission to reflect the actual payment practice under these types of agreements. Id. at 2 (citing Order No. 153 at 9). The Notice advances reasons why the instant agreement is functionally equivalent to the previous Global Direct Contracts 1 agreement in Docket Nos. MC2010–17 and CP2010–18. Id. at 3. Aside from cosmetic or customerspecific updates, the Postal Service contends that the only differences are that the instant agreement (1) concerns Global Direct service used with Admail to Canada; (2) contains more detailed procedures relating to penalties for mail that does not comply with applicable regulations; (3) addresses actual and potential changes in pricing; and (4) revises minimum commitments and annexes. Id. at 3–4. Despite these differences, the Postal Service contends that the instant contract is functionally equivalent to the Global Direct Contracts 1 agreement filed previously because the core terms and conditions remain the same. Id. at 4. The Postal Service asserts that ‘‘the cost and market characteristics of this agreement are substantially similar to those of prior Global Direct contracts’’ and that the agreement complies with the requirements of 39 U.S.C. 3633. Id. It requests that the Commission include E:\FR\FM\04JAN1.SGM 04JAN1 Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Notices this agreement within the Global Direct Contracts 1 product. Id. II. Notice of Filing The Commission establishes Docket No. CP2011–52 to consider matters related to the contract identified in the Notice. Interested persons may submit comments on whether the Postal Service’s contract is consistent with the policies of 39 U.S.C. 3632 or 3633 and 39 CFR part 3015. Comments are due no later than January 5, 2011. The public portions of these filings can be accessed via the Commission’s Web site (https:// www.prc.gov). The Commission appoints John P. Klingenberg to serve as Public Representative in the captioned filings. III. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. CP2011–52 to consider matters raised by the Postal Service’s Notice. 2. Comments by interested persons in these proceedings are due no later than January 5, 2011. 3. Pursuant to 39 U.S.C. 505, John P. Klingenberg 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. Shoshana M. Grove, Secretary. [FR Doc. 2010–33161 Filed 1–3–11; 8:45 am] BILLING CODE 7710–FW–P POSTAL REGULATORY COMMISSION [Docket Nos. MC2011–16 and CP2011–53; Order No. 627] New Postal Product Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recently-filed Postal Service request to add Parcel Select Contract 1 to the competitive product list. This notice addresses procedural steps associated with this filing. DATES: Comments are due: January 4, 2011. jlentini on DSKJ8SOYB1PROD with NOTICES SUMMARY: Submit comments electronically via the Commission’s Filing Online system at https://www.prc. gov. Commenters who cannot submit their views electronically should contact the person identified in FOR ADDRESSES: VerDate Mar<15>2010 14:35 Jan 03, 2011 Jkt 223001 by telephone for advice on alternatives to electronic filing. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, stephen.sharfman@prc.gov or 202–789– 6820. SUPPLEMENTARY INFORMATION: FURTHER INFORMATION CONTACT Table of Contents I. Introduction II. Notice of Filing III. Ordering Paragraphs I. Introduction Pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add Parcel Select Contract 1 to the competitive product list.1 The Postal Service states that ‘‘[t]he product is for the licensing and distribution of the ‘Sample Showcase’ co-op box,’’ which is similar to the Samples Co-op Box being tested by the Postal Service as an experimental product in Docket No. MT2010–1.2 The Postal Service will license the use of the Sample Showcase box and associated trademarks to StartSampling, Inc., a provider of sample-related services. Request, Attachment B at 1. StartSampling, Inc. will fund and manage all aspects of distributing the Sample Showcase box, including marketing, assembling, and tendering the box for delivery by the Postal Service. Id. at 1, 3. StartSampling, Inc. will pay the Postal Service a portion of all revenue exceeding a certain amount that is derived from the boxes. Id. at 8. The Postal Service asserts that Parcel Select Contract 1 is a competitive product ‘‘not of general applicability’’ within the meaning of 39 U.S.C. 3632(b)(3). Request at 1. The Postal Service states that the prices and classification underlying this contract are supported by Governors’ Decision No. 10–8, included as Attachment A to the Request.3 The Request has been assigned Docket No. MC2011–16. The Postal Service contemporaneously filed a contract related to the proposed new product. Request, Attachment B. The contract has been assigned Docket No. CP2011–53. 1 Request of the United States Postal Service to Add Parcel Select Contract 1 to Competitive Product List and Notice of Filing (Under Seal) of Contract and Supporting Data, December 23, 2010 (Request). 2 Request at 1; see Docket No. MT2010–1, Order No. 452, Order Approving Samples Co-op Box Market Test, May 5, 2010. 3 See Request at 1; Decision of the Governors of the United States Postal Service on Establishment of Rate and Class Not of General Applicability for Parcel Select Service, Docket Nos. MC2011–16 and CP2011–53, issued December 16, 2010 (Governors’ Decision No. 10–8). PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 395 Request. In support of its Request, the Postal Service filed six attachments as follows: • Attachment A—a redacted copy of Governors’ Decision No. 10–8 establishing prices and classification for Parcel Select Service and a certification of the Governors’ vote; • Attachment B—a redacted copy of the contract; • Attachment C—a proposed change in the Mail Classification Schedule competitive product list; • Attachment D—a Statement of Supporting Justification as required by 39 CFR 3020.32; • Attachment E—a certification of compliance with 39 U.S.C. 3633(a); and • Attachment F—an application for non-public treatment of materials to maintain redacted portions of the contract and supporting documents under seal. As submitted, Attachment E is incomplete as it does not include the certification of compliance with 39 U.S.C. 3633(a)(1) and (3).4 To complete its Request, the Postal Service shall file the appropriate certification of compliance no later than January 4, 2011. In the Statement of Supporting Justification, Marc D. McCrery, Manager, Specialty 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. Request, Attachment D. Thus, Mr. McCrery contends there will be no issue of market dominant products subsidizing competitive products as a result of this contract. Id. Related contract. A redacted version of the specific Parcel Select Contract 1 is included with the Request. Id., Attachment B. The contract will become effective on the date of any final regulatory approvals. Id. at 1. The public version of the contract redacts the terms of the agreement, but lists provisions enabling either party to terminate with or without cause. See id. at 11–13. The Postal Service represents that the contract is consistent with 39 U.S.C. 3633(a). Id., Attachment D. The Postal Service filed much of the supporting materials, including the specific Parcel Select Contract 1, under seal. Id., Attachment F. It maintains that redacted portions of the contract, Governors’ Decision No. 10–8, and related financial information, should 4 It includes the certification of the Governors’ vote that should have been included with Governors’ Decision No. 10–8 in Attachment A. E:\FR\FM\04JAN1.SGM 04JAN1

Agencies

POSTAL REGULATORY COMMISSION

[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Notices]
[Pages 394-395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-33161]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2011-52; Order No. 624]


New Postal Product

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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

SUMMARY: The Commission is noticing a recently-filed Postal Service 
request to add a Global Direct Contracts 1 contract to the competitive 
product list. This notice addresses procedural steps associated with 
this filing.

DATES: Comments are due: January 5, 2011.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at https://www.prc.gov. Commenters who cannot submit their 
views electronically should contact the person identified in FOR 
FURTHER INFORMATION CONTACT by telephone for advice on alternatives to 
electronic filing.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
stephen.sharfman@prc.gov or 202-789-6820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Notice of Filing
III. Ordering Paragraphs

I. Background

    On December 23, 2010, the Postal Service filed a notice announcing 
its intent to enter into an additional Global Direct Contracts 1 
agreement.\1\ Global Direct Contracts provide a rate for mail 
acceptance within the United States, transportation to a receiving 
country of mail that bears the destination country's indicia, and 
payment by the Postal Service of the appropriate settlement charges to 
the receiving country.\2\ The Postal Service believes that the instant 
agreement should be included within the Global Direct Contracts 1 
product because it is functionally equivalent to the Global Direct 
Contracts 1 agreement in Docket Nos. MC2010-17 and CP2010-18. Notice at 
2.
---------------------------------------------------------------------------

    \1\ Notice of United States Postal Service Filing of 
Functionally Equivalent Global Direct Contracts 1 Negotiated Service 
Agreement, December 23, 2010 (Notice). Although the agreement has 
not yet been signed, the Postal Service expects the agreement to be 
executed soon and will advise the Commission of any substantive 
changes to the text. Notice at 1 n.2.
    \2\ Decision of the Governors of the United States Postal 
Service on the Establishment of Prices and Classifications for 
Global Direct, Global Bulk Economy, and Global Plus Contracts, 
Docket Nos. MC2008-7, CP2008-16 and CP2008-17, issued July 16, 2008 
(Governors' Decision No. 08-10). The Commission revised the Mail 
Classification Schedule language proposed in Governors' Decision No. 
08-10 to reflect the actual payment practice under typical Global 
Direct Contracts. See Docket Nos. MC2009-9, CP2009-10 and CP2009-11, 
Order Concerning Global Direct Contracts Negotiated Service 
Agreements, December 19, 2008, at 9 (Order No. 153).
---------------------------------------------------------------------------

    The instant agreement. The Postal Service filed the instant 
agreement under 39 CFR 3015.5. Id. at 1. In addition, the Postal 
Service contends that the agreement is consistent with Order No. 
386.\3\ The Postal Service states that the instant agreement succeeds 
the Global Direct Contract in Docket No. CP2010-19, which is scheduled 
to expire January 10, 2011. Id. at 2-3. The term of the instant 
agreement begins on January 11, 2011 and ends in January 2012 on the 
day before Canada Post Corporation implements price changes for its 
domestic Admail. Id. at 3, Attachment 1 at 7. If prices for Admail do 
not change during January 2012, then the instant agreement is scheduled 
to expire January 31, 2012. Id.
---------------------------------------------------------------------------

    \3\ See Docket Nos. MC2010-17 and CP2010-18, Order Concerning 
Filing of Functionally Equivalent Global Direct Contracts 1 
Negotiated Service Agreement, January 11, 2010 (Order No. 386).
---------------------------------------------------------------------------

    To support its Notice, the Postal Service filed four attachments as 
follows:
     Attachment 1--a redacted copy of the contract;
     Attachment 2--a certified statement required by 39 CFR 
3015.5(c)(2);
     Attachment 3--a redacted copy of Governors' Decision No. 
08-10, which establishes prices and classifications for Global Direct, 
Global Bulk Economy, and Global Plus Contracts; and
     Attachment 4--an application for non-public treatment of 
materials to maintain redacted portions of the contract and supporting 
documents under seal.
    The Postal Service states that the instant agreement fits within 
the Mail Classification Schedule language for Global Direct Contracts 
included in Governors' Decision No. 08-10, with the modification 
proposed by the Commission to reflect the actual payment practice under 
these types of agreements. Id. at 2 (citing Order No. 153 at 9).
    The Notice advances reasons why the instant agreement is 
functionally equivalent to the previous Global Direct Contracts 1 
agreement in Docket Nos. MC2010-17 and CP2010-18. Id. at 3. Aside from 
cosmetic or customer-specific updates, the Postal Service contends that 
the only differences are that the instant agreement (1) concerns Global 
Direct service used with Admail to Canada; (2) contains more detailed 
procedures relating to penalties for mail that does not comply with 
applicable regulations; (3) addresses actual and potential changes in 
pricing; and (4) revises minimum commitments and annexes. Id. at 3-4. 
Despite these differences, the Postal Service contends that the instant 
contract is functionally equivalent to the Global Direct Contracts 1 
agreement filed previously because the core terms and conditions remain 
the same. Id. at 4.
    The Postal Service asserts that ``the cost and market 
characteristics of this agreement are substantially similar to those of 
prior Global Direct contracts'' and that the agreement complies with 
the requirements of 39 U.S.C. 3633. Id. It requests that the Commission 
include

[[Page 395]]

this agreement within the Global Direct Contracts 1 product. Id.

II. Notice of Filing

    The Commission establishes Docket No. CP2011-52 to consider matters 
related to the contract identified in the Notice.
    Interested persons may submit comments on whether the Postal 
Service's contract is consistent with the policies of 39 U.S.C. 3632 or 
3633 and 39 CFR part 3015. Comments are due no later than January 5, 
2011. The public portions of these filings can be accessed via the 
Commission's Web site (https://www.prc.gov).
    The Commission appoints John P. Klingenberg to serve as Public 
Representative in the captioned filings.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. CP2011-52 to consider 
matters raised by the Postal Service's Notice.
    2. Comments by interested persons in these proceedings are due no 
later than January 5, 2011.
    3. Pursuant to 39 U.S.C. 505, John P. Klingenberg 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.
Shoshana M. Grove,
Secretary.
[FR Doc. 2010-33161 Filed 1-3-11; 8:45 am]
BILLING CODE 7710-FW-P

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