Discover Financial Services Negotiated Service Agreement, 4393-4395 [2011-1461]
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Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices
4.0
Week of January 31, 2011—Tentative
Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
50.12(a), the exemption is authorized by
law, will not present an undue risk to
the public health and safety, and is
consistent with the common defense
and security. Also, special
circumstances are present. Therefore,
the Commission hereby grants the
licensee an exemption from the
requirements of 10 CFR 50.46 and 10
CFR part 50, appendix K, for Calvert
Cliffs.
Pursuant to 10 CFR 51.32, the
Commission has determined that the
granting of this exemption will not have
a significant impact on the quality of the
human environment (76 FR 1469);
published on January 10, 2011.
This exemption is effective upon
issuance.
Tuesday, February 1, 2011
Dated at Rockville, Maryland, this 13th day
of January 2011.
For the Nuclear Regulatory Commission.
Joseph G. Giitter,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
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.
Week of February 21, 2011—Tentative
9 a.m. Briefing on Digital
Instrumentation and Controls
(Public Meeting). (Contact: Steven
Arndt, 301–415–6502).
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
Week of February 7, 2011—Tentative
Tuesday, February 8, 2011
9 a.m. Briefing on Implementation of
Part 26 (Public Meeting). (Contact:
Shana Helton, 301–415–7198).
This meeting will be Webcast live at
the Web address—https://www.nrc.gov.
Week of February 14, 2011—Tentative
There are no meetings scheduled for
the week of February 14, 2011.
9 a.m. Briefing on Groundwater Task
Force (Public Meeting). (Contact:
Margie Kotzalas, 301–415–1727).
This meeting will be Webcast live at
the Web address—https://www.nrc.gov.
BILLING CODE 7590–01–P
Week of February 28, 2011—Tentative
Tuesday, March 1, 2011
NUCLEAR REGULATORY
COMMISSION
[NRC–2011–0006]
Sunshine Federal Register Notice
Nuclear
Regulatory Commission.
DATES: Weeks of January 24, 31,
February 7, 14, 21, 28, 2011.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
AGENCY HOLDING THE MEETINGS:
Week of January 24, 2011
Monday, January 24, 2011
12:55 p.m. Affirmation Session (Public
Meeting) (Tentative).
Request by Petitioners for a
Suspension of Renewal Proceedings
Pending Completion of Rulemaking
in Docket No. PRM–54–6.
(Tentative).
This meeting will be Webcast live at
the Web address—https://www.nrc.gov.
1 p.m. Briefing on Safety Culture
Policy Statement (Public Meeting).
(Contact: Diane Sieracki, 301–415–
3297).
This meeting will be Webcast live at
the Web address—https://www.nrc.gov.
VerDate Mar<15>2010
18:40 Jan 24, 2011
Jkt 223001
9 a.m. Briefing on Reactor Materials
Aging Management Issues (Public
Meeting). (Contact: Allen Hiser,
301–415–5650).
This meeting will be Webcast live at
the Web address—https://www.nrc.gov.
*
*
*
*
*
* The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings,
call (recording)—(301) 415–1292.
Contact person for more information:
Rochelle Bavol, (301) 415–1651.
*
*
*
*
*
The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/about-nrc/policymaking/schedule.html.
*
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*
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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 Angela
Bolduc, Chief, Employee/Labor
Relations and Work Life Branch, at 301–
492–2230, TDD: 301–415–2100, or by
e-mail at angela.bolduc@nrc.gov.
Determinations on requests for
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Dated: January 20, 2011.
Rochelle C. Bavol,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2011–1608 Filed 1–21–11; 4:15 pm]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2011–19 and R2011–3;
Order No. 654]
Discover Financial Services Negotiated
Service Agreement
Thursday, February 24, 2011
[FR Doc. 2011–1479 Filed 1–24–11; 8:45 am]
mstockstill on DSKH9S0YB1PROD with NOTICES
4393
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recently-filed Postal Service request to
add a Discover Financial Services
negotiated service agreement to the
market dominant product list. This
notice addresses procedural steps
associated with this filing.
DATES: Comments are due: February 7,
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:
SUMMARY:
I. Introduction
II. Notice of Filing
III. Ordering Paragraphs
I. Introduction
On January 14, 2011, the Postal
Service filed a request pursuant to 39
U.S.C. 3622 and 3642, as well as 39 CFR
3010 and 3020, et seq., to add a Discover
Financial Services (DFS) negotiated
service agreement to the market
dominant product list.1
1 Notice of the United States Postal Service of
Filing Contract and Supporting Data and Request to
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25JAN1
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4394
Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices
Request. In support of its Request, the
Postal Service filed six attachments as
follows:
• Attachment A—a copy of
Governors’ Resolution No. 11–2,
authorizing a negotiated service
agreement with DFS;
• Attachment B—a copy of the
contract;
• Attachment C—proposed
descriptive language changes to the Mail
Classification Schedule;
• Attachment D—a proposed data
collection plan;
• Attachment E—a Statement of
Supporting Justification as required by
39 CFR 3020.32, which the Postal
Service also is using to satisfy the
requirements of 39 CFR 3010.42(b)–(e);
and
• Attachment F—a financial model,
which the Postal Service believes
demonstrates that the agreement will
improve its net financial position by an
additional $2 million to $15 million in
contribution.
In its Request, the Postal Service
identifies Greg Dawson, Manager,
Pricing Strategy, as the official able to
provide responses to queries from the
Commission. In his Statement of
Supporting Justification, Mr. Dawson
reviews the factors and objectives of
section 3622(c) and concludes, inter
alia, that the agreement will provide an
incentive for profitable mail; will
enhance the financial position of the
Postal Service; will increase mail
volume; will not imperil the ability of
First-Class Mail or Standard Mail to
cover its attributable costs; and
promotes the use of intelligent mail. Id.,
Attachment E at 1–3.
The Postal Service believes that the
DFS negotiated service agreement
conforms to the policies of the Postal
Accountability and Enhancement Act,
and meets the statutory standards
supporting the desirability of this
special classification under 39 U.S.C.
3622(c)(10). In particular, the Postal
Service believes the agreement has the
potential to enhance significantly the
Postal Service’s financial position, and
it will not cause unreasonable harm to
the marketplace. Id. at 2.
Related contract. The Postal Service
indicates that the agreement is designed
to maintain the total contribution the
Postal Service receives from DFS FirstClass Mail and Standard Mail and to
provide an incentive for net
contribution beyond that. Id. The Postal
Service describes the agreement and its
five main components: a revenue
Add Discover Financial Services Negotiated Service
Agreement to the Market-Dominant Product List,
January 14, 2011 (Request).
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18:40 Jan 24, 2011
Jkt 223001
threshold, a revenue threshold
adjustment, a postage commitment,
rebates on First-Class Mail, and rebates
on Standard Mail.
Specifically, the revenue threshold is
based on the amount of DFS’ total
postage paid for First-Class Mail
automation presort letters, Standard
Mail automation presort letters, and
Standard Mail carrier route letters. The
baseline for the revenue threshold is
DFS’ total postage for these categories
over the period from February 2010
through January 2011. For the first year
of the agreement, the threshold is
calculated as an amount 10 percent
above the baseline; for the second year,
15 percent above the baseline; and, for
the final year, 20 percent above the
baseline. If DFS meets or exceeds the
threshold in a contract year, it will earn
rebates on its qualifying First-Class Mail
and Standard Mail postage. The revenue
threshold will be adjusted upward by 65
cents for every dollar decline in DFS’
First-Class Mail postage. Under this
adjustment, to qualify for rebates, DFS
must send an extra $1.65 worth of
Standard Mail to offset each dollar
decline in postage from First-Class Mail.
Id. at 3.
The agreement also contains a postage
commitment, equal to the adjusted
threshold. If the amount of DFS’ total
postage from eligible mail in the first
year of the contract is less than the
adjusted threshold, DFS must pay a
penalty in the amount of 10 percent of
the difference between DFS’ revenue
threshold and the actual total postage
paid for contract year one. Subsequent
year threshold adjustments to the
penalty are to be negotiated by the
parties within 7 months of the previous
contract year. Id. at 3–4.
If DFS meets or exceeds the adjusted
postage thresholds in any given year of
the contract, it will earn rebates on its
qualifying First-Class Mail and Standard
Mail postage. The rebate for First-Class
Mail will be equal to 75 percent of the
increase in postage as a result of a
subsequent cumulative price increase
(relative to First-Class Mail prices in
existence at the initiation of the
agreement) for all qualifying pieces. For
Standard Mail, the rebate will be equal
to 37.5 percent of the increase in
postage as a result of a subsequent
cumulative price increase (relative to
Standard Mail prices in existence at the
initiation of the agreement) for all
qualifying pieces. Id. at 4.
The Postal Service also describes
several other elements of the agreement:
(1) A merger and acquisition clause; (2)
a termination clause; and (3) a clause
that requires the Postal Service to
negotiate with DFS on the terms upon
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which DFS may participate in other
incentive programs so there is no
‘‘double-dipping.’’ Id. at 3–4.
The Postal Service expects the value
of the agreement to still be positive if
the penalty provision is triggered,
reducing the risk of the agreement.
The Postal Service indicates that the
contract will become effective March 1,
2011, and will expire 3 years from the
effective date. Id. at 1; see also id.,
Attachments A and B. Either party may
terminate the agreement for
convenience prior to the last 90 days of
each contract year, without penalty,
with 90 days’ written notice to the other
party. Implementation of the agreement
is pending regulatory approval.2
Similarly situated mailers. With
respect to potential similarly situated
mailers, the Postal Service states that
the design imperative, to generate
additional contributions, and the basic
structure of the agreement described in
the Request, will guide the Postal
Service in the negotiation of similar
agreements as well as those that are
substantially different. Id. at 4; see also
id., Attachment E at 3. It notes that in
assessing the desirability of the
agreement, the Postal Service believes
that the defining characteristics of DFS
are its size, its large but declining billing
and statement volumes, its significant
volume of advertising mail, and its
almost complete reliance on lettershaped mail. The Postal Service views
heavy use of both First-Class Mail and
Standard Mail as necessary mailer
attributes.
Notice. The Postal Service represents
that it will inform customers of the new
classification changes and associated
price effects through a press release,
notification on USPS.com, and
publication in the Federal Register.
II. Notice of Filing
The Commission establishes Docket
Nos. MC2011–19 and R2011–3 for
consideration of the Request pertaining
to the proposed new product and the
related contract, respectively.
Interested persons may submit
comments on whether the Postal
Service’s filing in the captioned dockets
are consistent with the policies of 39
U.S.C. 3622 and 3642 as well as 39 CFR
parts 3010 and 3020. Comments are due
no later than February 7, 2011. The
filing can be accessed via the
2 The Commission will make every possible effort
to review the Request and issue its decision by
March 1, 2011, consistent with parties’ due process
rights. The Commission, however, does not read 39
U.S.C. 3642 as mandating regulatory action by a
date certain. If the Postal Service (or an interested
person) has a different view, the issue may be
addressed in comments.
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Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices
Commission’s Web site (https://
www.prc.gov).
The Commission appoints Malin
Moench to serve as Public
Representative in these dockets.
The Commission is noticing a
recently-filed Postal Service request to
establish price adjustments for all
market dominant classes. This notice
addresses procedural steps associated
with this filing.
DATES: Comments are due: February 2,
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:
SUMMARY:
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket
Nos. MC2011–19 and R2011–3 for
consideration of the matters raised in
each docket.
2. Pursuant to 39 U.S.C. 505, Malin
Moench is appointed to serve as officer
of the Commission (Public
Representative) to represent the
interests of the general public in these
proceedings.
3. Comments by interested persons in
these proceedings are due no later than
February 7, 2011.
4. The Commission directs the
Secretary of the Commission to arrange
for prompt publication of this notice in
the Federal Register.
[FR Doc. 2011–1461 Filed 1–24–11; 8:45 am]
I. Introduction
II. Class-Specific Summary
III. Preferred Mail
IV. Mail Classification Schedule Product
Description Changes
V. Commission Action
VI. Ordering Paragraphs
BILLING CODE 7710–FW–P
I. Introduction
By the Commission.
Shoshana M. Grove,
Secretary.
POSTAL REGULATORY COMMISSION
Sunshine Act Meetings
NAME OF AGENCY:
Postal Regulatory
Commission.
Monday, January 24,
2011 at 11 a.m.
PLACE: Commission conference room,
901 New York Avenue, NW., Suite 200,
Washington, DC 20268–0001.
STATUS: Closed.
MATTERS TO BE CONSIDERED:
Personnel—consideration of senior-level
appointment.
CONTACT PERSON FOR MORE INFORMATION:
Brian Corcoran, Acting General Counsel,
Postal Regulatory Commission, 901 New
York Avenue, NW., Suite 200,
Washington, DC 20268–0001, 202–789–
6820 or brian.corcoran@prc.gov.
TIME AND DATE:
A. Background
On January 13, 2011, the Postal
Service filed a notice with the
Commission announcing price
adjustments, effective April 17, 2011,
affecting all market dominant classes.1
The market dominant classes are FirstClass Mail, Standard Mail, Periodicals,
Package Services, and Special Services.
Market dominant international products
are also affected.
The Notice asserts that the
adjustments reflect price increases for
each market dominant class which are
equal, on average, to the statutory
limitation of 1.741 percent. Slight
departures from this percentage at the
class level, which are shown in the
following table, are generally due to
rounding. Id. at 8.
TABLE 1—2011 PRICE CHANGE
PERCENTAGES
Dated: January 20, 2011.
Shoshana M. Grove,
Secretary.
Market dominant class
[FR Doc. 2011–1573 Filed 1–21–11; 11:15 am]
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BILLING CODE 7710–FW–P
POSTAL REGULATORY COMMISSION
[Docket No. R2011–2; Order No. 653]
ACTION:
Postal Regulatory Commission.
Notice.
VerDate Mar<15>2010
19:39 Jan 24, 2011
Jkt 223001
First-Class Mail .........................
Standard Mail ...........................
Periodicals ................................
Package Services .....................
Special Services .......................
1.741
1.739
1.741
1.740
1.740
Source: Adapted from Notice at 5
(Table 3).
Postal Service Price Adjustment
AGENCY:
Percentage
change
1 See United States Postal Service Notice of
Market-Dominant Price Adjustment, January 13,
2011 (Notice).
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4395
Notwithstanding the overall
percentage limitation at the class level,
planned adjustments for certain
individual products within a class may
differ from the average, sometimes
substantially. For example, the price of
a stamp for a one-ounce First-Class
letter, which is one of the most common
postage rates used by the general public,
will not increase, but remain at 44 cents.
Presorted First-Class Mail will receive
higher-than-price cap percentage
increases. The Commission strongly
encourages interested persons to review
the Postal Service’s Notice and related
filings in their entirety to determine the
impact of the planned adjustments and
related classification changes.
B. Context
Authority for filing. The Postal
Service filed the Notice pursuant to 39
U.S.C. 3622 and part 3010 of the
Commission’s rules of practice. The
introductory part of the Notice
addresses several administrative
matters, including how the Postal
Service plans to ensure widespread
publicity about the changes at least 45
days prior to the effective date. Id. at 1.
Part I of the Notice addresses the
applicable annual limitation; identifies
accrued unused (‘‘banked’’) rate
adjustment authority available for this
adjustment; and calculates the amount
of new unused rate adjustment authority
generated by this price change. Id. at 2–
6. Part II addresses the consistency of
the planned prices with statutory
objectives and factors; considerations
related to workshare discounts; and
recognition of certain rate preferences.
Id. at 7–45. Part III discusses related
mail classification product description
changes. Id. at 45–46.
The Notice includes three
attachments. Attachment A presents
price and mail classification changes.
Attachment B presents workshare
discount calculations. Attachment C
presents price index change
calculations. In related filings, the
Postal Service submitted workpapers
supporting the planned adjustments and
a new Schedule of Regular Predictable
Price Changes.2
C. Basis of Planned Adjustments
The Notice announcing the planned
adjustments for market dominant
classes was filed pursuant to a revised,
more streamlined approach to postal
ratemaking adopted in 2006.3 This
2 United States Postal Service Filing of Updated
Schedule of Regular and Predictable Price Changes,
January 13, 2011 (Schedule.)
3 See generally Postal Accountability and
Enhancement Act (PAEA) of 2006.
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]]>Agencies
[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4393-4395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1461]
=======================================================================
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2011-19 and R2011-3; Order No. 654]
Discover Financial Services Negotiated Service Agreement
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission is noticing a recently-filed Postal Service
request to add a Discover Financial Services negotiated service
agreement to the market dominant product list. This notice addresses
procedural steps associated with this filing.
DATES: Comments are due: February 7, 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:
I. Introduction
II. Notice of Filing
III. Ordering Paragraphs
I. Introduction
On January 14, 2011, the Postal Service filed a request pursuant to
39 U.S.C. 3622 and 3642, as well as 39 CFR 3010 and 3020, et seq., to
add a Discover Financial Services (DFS) negotiated service agreement to
the market dominant product list.\1\
---------------------------------------------------------------------------
\1\ Notice of the United States Postal Service of Filing
Contract and Supporting Data and Request to Add Discover Financial
Services Negotiated Service Agreement to the Market-Dominant Product
List, January 14, 2011 (Request).
---------------------------------------------------------------------------
[[Page 4394]]
Request. In support of its Request, the Postal Service filed six
attachments as follows:
Attachment A--a copy of Governors' Resolution No. 11-2,
authorizing a negotiated service agreement with DFS;
Attachment B--a copy of the contract;
Attachment C--proposed descriptive language changes to the
Mail Classification Schedule;
Attachment D--a proposed data collection plan;
Attachment E--a Statement of Supporting Justification as
required by 39 CFR 3020.32, which the Postal Service also is using to
satisfy the requirements of 39 CFR 3010.42(b)-(e); and
Attachment F--a financial model, which the Postal Service
believes demonstrates that the agreement will improve its net financial
position by an additional $2 million to $15 million in contribution.
In its Request, the Postal Service identifies Greg Dawson, Manager,
Pricing Strategy, as the official able to provide responses to queries
from the Commission. In his Statement of Supporting Justification, Mr.
Dawson reviews the factors and objectives of section 3622(c) and
concludes, inter alia, that the agreement will provide an incentive for
profitable mail; will enhance the financial position of the Postal
Service; will increase mail volume; will not imperil the ability of
First-Class Mail or Standard Mail to cover its attributable costs; and
promotes the use of intelligent mail. Id., Attachment E at 1-3.
The Postal Service believes that the DFS negotiated service
agreement conforms to the policies of the Postal Accountability and
Enhancement Act, and meets the statutory standards supporting the
desirability of this special classification under 39 U.S.C.
3622(c)(10). In particular, the Postal Service believes the agreement
has the potential to enhance significantly the Postal Service's
financial position, and it will not cause unreasonable harm to the
marketplace. Id. at 2.
Related contract. The Postal Service indicates that the agreement
is designed to maintain the total contribution the Postal Service
receives from DFS First-Class Mail and Standard Mail and to provide an
incentive for net contribution beyond that. Id. The Postal Service
describes the agreement and its five main components: a revenue
threshold, a revenue threshold adjustment, a postage commitment,
rebates on First-Class Mail, and rebates on Standard Mail.
Specifically, the revenue threshold is based on the amount of DFS'
total postage paid for First-Class Mail automation presort letters,
Standard Mail automation presort letters, and Standard Mail carrier
route letters. The baseline for the revenue threshold is DFS' total
postage for these categories over the period from February 2010 through
January 2011. For the first year of the agreement, the threshold is
calculated as an amount 10 percent above the baseline; for the second
year, 15 percent above the baseline; and, for the final year, 20
percent above the baseline. If DFS meets or exceeds the threshold in a
contract year, it will earn rebates on its qualifying First-Class Mail
and Standard Mail postage. The revenue threshold will be adjusted
upward by 65 cents for every dollar decline in DFS' First-Class Mail
postage. Under this adjustment, to qualify for rebates, DFS must send
an extra $1.65 worth of Standard Mail to offset each dollar decline in
postage from First-Class Mail. Id. at 3.
The agreement also contains a postage commitment, equal to the
adjusted threshold. If the amount of DFS' total postage from eligible
mail in the first year of the contract is less than the adjusted
threshold, DFS must pay a penalty in the amount of 10 percent of the
difference between DFS' revenue threshold and the actual total postage
paid for contract year one. Subsequent year threshold adjustments to
the penalty are to be negotiated by the parties within 7 months of the
previous contract year. Id. at 3-4.
If DFS meets or exceeds the adjusted postage thresholds in any
given year of the contract, it will earn rebates on its qualifying
First-Class Mail and Standard Mail postage. The rebate for First-Class
Mail will be equal to 75 percent of the increase in postage as a result
of a subsequent cumulative price increase (relative to First-Class Mail
prices in existence at the initiation of the agreement) for all
qualifying pieces. For Standard Mail, the rebate will be equal to 37.5
percent of the increase in postage as a result of a subsequent
cumulative price increase (relative to Standard Mail prices in
existence at the initiation of the agreement) for all qualifying
pieces. Id. at 4.
The Postal Service also describes several other elements of the
agreement: (1) A merger and acquisition clause; (2) a termination
clause; and (3) a clause that requires the Postal Service to negotiate
with DFS on the terms upon which DFS may participate in other incentive
programs so there is no ``double-dipping.'' Id. at 3-4.
The Postal Service expects the value of the agreement to still be
positive if the penalty provision is triggered, reducing the risk of
the agreement.
The Postal Service indicates that the contract will become
effective March 1, 2011, and will expire 3 years from the effective
date. Id. at 1; see also id., Attachments A and B. Either party may
terminate the agreement for convenience prior to the last 90 days of
each contract year, without penalty, with 90 days' written notice to
the other party. Implementation of the agreement is pending regulatory
approval.\2\
---------------------------------------------------------------------------
\2\ The Commission will make every possible effort to review the
Request and issue its decision by March 1, 2011, consistent with
parties' due process rights. The Commission, however, does not read
39 U.S.C. 3642 as mandating regulatory action by a date certain. If
the Postal Service (or an interested person) has a different view,
the issue may be addressed in comments.
---------------------------------------------------------------------------
Similarly situated mailers. With respect to potential similarly
situated mailers, the Postal Service states that the design imperative,
to generate additional contributions, and the basic structure of the
agreement described in the Request, will guide the Postal Service in
the negotiation of similar agreements as well as those that are
substantially different. Id. at 4; see also id., Attachment E at 3. It
notes that in assessing the desirability of the agreement, the Postal
Service believes that the defining characteristics of DFS are its size,
its large but declining billing and statement volumes, its significant
volume of advertising mail, and its almost complete reliance on letter-
shaped mail. The Postal Service views heavy use of both First-Class
Mail and Standard Mail as necessary mailer attributes.
Notice. The Postal Service represents that it will inform customers
of the new classification changes and associated price effects through
a press release, notification on USPS.com, and publication in the
Federal Register.
II. Notice of Filing
The Commission establishes Docket Nos. MC2011-19 and R2011-3 for
consideration of the Request pertaining to the proposed new product and
the related contract, respectively.
Interested persons may submit comments on whether the Postal
Service's filing in the captioned dockets are consistent with the
policies of 39 U.S.C. 3622 and 3642 as well as 39 CFR parts 3010 and
3020. Comments are due no later than February 7, 2011. The filing can
be accessed via the
[[Page 4395]]
Commission's Web site (https://www.prc.gov).
The Commission appoints Malin Moench to serve as Public
Representative in these dockets.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket Nos. MC2011-19 and R2011-3 for
consideration of the matters raised in each docket.
2. Pursuant to 39 U.S.C. 505, Malin Moench is appointed to serve as
officer of the Commission (Public Representative) to represent the
interests of the general public in these proceedings.
3. Comments by interested persons in these proceedings are due no
later than February 7, 2011.
4. The Commission directs the Secretary of the Commission to
arrange for prompt publication of this notice in the Federal Register.
By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2011-1461 Filed 1-24-11; 8:45 am]
BILLING CODE 7710-FW-P
