Postal Service Rate Adjustment, 53160-53162 [2011-21690]

Download as PDF srobinson on DSK4SPTVN1PROD with NOTICES 53160 Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Notices supporting material on its Web site at https://www.prc.gov. Additional filings in this case and participants’ submissions also will be posted on the Commission’s Web site, if provided in electronic format or amenable to conversion, and not subject to a valid protective order. Information on how to use the Commission’s Web site is available online or by contacting the Commission’s webmaster via telephone at 202–789–6873 or via electronic mail at prc-webmaster@prc.gov. The appeal and all related documents are also available for public inspection in the Commission’s docket section. Docket section hours are 8 a.m. to 4:30 p.m., eastern time, Monday through Friday, except on Federal government holidays. Docket section personnel may be contacted via electronic mail at prcdockets@prc.gov or via telephone at 202–789–6846. Filing of documents. All filings of documents in this case shall be made using the Internet (Filing Online) pursuant to Commission rules 9(a) and 10(a) at the Commission’s Web site, https://www.prc.gov, unless a waiver is obtained. See 39 CFR 3001.9(a) and 3001.10(a). Instructions for obtaining an account to file documents online may be found on the Commission’s Web site or by contacting the Commission’s docket section at prc-dockets@prc.gov or via telephone at 202–789–6846. The Commission reserves the right to redact personal information which may infringe on an individual’s privacy rights from documents filed in this proceeding. Intervention. Persons, other than Petitioner and respondent, wishing to be heard in this matter are directed to file a notice of intervention. See 39 CFR 3001.111(b). Notices of intervention in this case are to be filed on or before September 12, 2011. A notice of intervention shall be filed using the Internet (Filing Online) at the Commission’s Web site unless a waiver is obtained for hardcopy filing. See 39 CFR 3001.9(a) and 3001.10(a). Further procedures. By statute, the Commission is required to issue its decision within 120 days from the date it receives the appeal. See 39 U.S.C. 404(d)(5). A procedural schedule has been developed to accommodate this statutory deadline. In the interest of expedition, in light of the 120-day decision schedule, the Commission may request the Postal Service or other participants to submit information or memoranda of law on any appropriate issue. As required by the Commission rules, if any motions are filed, responses are due 7 days after any such motion is filed. See 39 CFR 3001.21. VerDate Mar<15>2010 16:39 Aug 24, 2011 Jkt 223001 It is ordered: 1. The Postal Service shall file the applicable administrative record regarding this appeal no later than September 1, 2011. 2. Any responsive pleading by the Postal Service to this notice is due no later than September 1, 2011. 3. The procedural schedule listed below is hereby adopted. 4. Pursuant to 39 U.S.C. 505, Cassandra L. Hicks is designated officer of the Commission (Public Representative) to represent the interests of the general public. 5. The Secretary shall arrange for publication of this notice and order in the Federal Register. By the Commission. Shoshana M. Grove, Secretary. PROCEDURAL SCHEDULE August 17, 2011 September 1, 2011. September 1, 2011. September 12, 2011. September 21, 2011. October 11, 2011 October 26, 2011 November 2, 2011. December 7, 2011. Filing of Appeal. Deadline for the Postal Service to file the applicable administrative record in this appeal. Deadline for the Postal Service to file any responsive pleading. Deadline for notices to intervene (see 39 CFR 3001.111(b)). Deadline for Petitioner’s Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). Deadline for answering brief in support of the Postal Service (see 39 CFR 3001.115(c)). Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). Deadline for motions by any party requesting oral argument; the Commission will schedule oral argument only when it is a necessary addition to the written filings (see 39 CFR 3001.116). Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)). [FR Doc. 2011–21691 Filed 8–24–11; 8:45 am] BILLING CODE 7710–FW–P PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 POSTAL REGULATORY COMMISSION [Docket No. R2011–6; Order No. 812] Postal Service Rate Adjustment Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recently-filed Postal Service request concerning a Type 2 rate adjustment. This notice addresses procedural steps associated with this filing. DATES: Comments are due: August 25, 2011. SUMMARY: Submit comments electronically by accessing the ‘‘Filing Online’’ link in the banner at the top of the Commission’s Web site (https:// www.prc.gov) or by directly accessing the Commission’s Filing Online system at https://www.prc.gov/prc-pages/filingonline/login.aspx. Commenters who cannot submit their views electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section as the source for case-related information for advice on alternatives to electronic filing. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, at 202–789–6820 (case-related information) or DocketAdmins@prc.gov (electronic filing assistance). SUPPLEMENTARY INFORMATION: ADDRESSES: I. Introduction II. Notice of Filings III. Ordering Paragraphs I. Introduction On August 12, 2011, the Postal Service filed a notice pursuant to 39 U.S.C. 3622(c)(10) and 39 CFR 3010.40 et seq. concerning a Type 2 rate adjustment.1 The Notice concerns the ` Postal Service’s accession to the Expres Service Agreement, a multilateral agreement that covers the delivery of cross-border letters, flats, and small packets (LC/AO) items weighing up to 2 ` kilograms tendered as Expres Items and branded with the Common Logo. Notice at 1, Attachment 2. The Postal Service explains that the ` Expres Service Agreement establishes a delivery confirmation service for inbound Letter Post in the form of letters, flats, and small packets, which is currently in use for mailings between 24 1 Notice of United States Postal Service of Type 2 Rate Adjustment, and Notice of Filing Functionally Equivalent Agreement, August 12, 2011 (Notice). See also Docket Nos. MC2010–35, R2010–5 and R2010–6, Order Adding Inbound Market Dominant Multi-Service Agreements with Foreign Postal Operators 1 to the Market Dominant Product List and Approving Included Agreements, September 30, 2010 (Order No. 549). E:\FR\FM\25AUN1.SGM 25AUN1 srobinson on DSK4SPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Notices countries. Id. at 6. The agreement ` provides that the Expres Items service was developed as ‘‘ ‘a product with reliable, consistent delivery, track, & trace features and a common logo.’ ’’ Id. at 6–7, Attachment 2 at 1 (footnote ` omitted). Article 12 of the Expres Service Agreement states that any postal operator that is a postal administration as interpreted by the Universal Postal Union (UPU) can accede to the agreement by executing a Deed of Accession and delivering it to the group’s Steering Committee. Id. at 5–6. Related agreements. In Order No. 549, the Commission approved the Inbound Market Dominant Multi-Service Agreements with Foreign Postal Operators 1 product and two functionally equivalent agreements, Strategic Bilateral Agreement Between United States Postal Service and Koninklijke TNT Post BV and TNT Post Pakketservice Benelux BV (TNT Agreement), and the China Post Group—United States Postal Service Letter Post Bilateral Agreement (CPG Agreement). In Order No. 700, the Commission approved the HongKong Post Agreement. The Postal Service states that both the CPG and HongKong Post Agreements contain annexes which include a Small Packet with Delivery Scanning service. Notice at 1–2. It maintains that the delivery confirmation ` service included in the Expres Service Agreement is functionally equivalent to the delivery confirmation service provided with the Small Packet with Delivery Scanning service that is included in the CPG Agreement. Id. at 2. The Postal Service asserts that ` because the Expres Service Agreement delivery confirmation service is similar to the CPG Agreement scanning service, it should be included as a functionally equivalent agreement under the Inbound Market Dominant MultiService Agreements with Foreign Postal Operators 1 product established in Docket Nos. MC2010–35, R2010–5 and R2010–6. Id. The Postal Service states that the Governors have authorized Type 2 rate adjustments for negotiated service agreements in accordance with 39 CFR 3010.40 et seq. that will result generally in more remunerative rates than the default rates set by the UPU Acts for inbound Letter Post items. Id. at 1. In ` accordance with Article 12 of the Expres Service Agreement, the Postal Service’s accession will become effective on the first day of the second month following approval by the Steering Committee. Id. at 5. The Postal Service states if the accession is approved during the month of August, it expects the effective date to be October 1, 2011. Id. VerDate Mar<15>2010 16:39 Aug 24, 2011 Jkt 223001 In support of its Notice, the Postal Service filed three attachments as follows: • Attachment 1—an application for non-public treatment of materials to maintain redacted portions of the agreement and supporting documents under seal; • Attachment 2—a redacted copy of ` the Expres Service Agreement, including applicable annexes; and • Attachment 3—redacted copies of documents related to the Postal Service’s deed of accession, including notice and technical specifications. The Postal Service states its filings comply with 39 CFR 3010.40 et seq. for the implementation of a negotiated service agreement. The Notice identifies performance attributes associated with the agreement, e.g., delivery confirmation service for letter-class flats, letters, and packets using a specific barcode, and incentive to improve mail processing efficiency for remuneration based on timely delivery ` and return of scans for Expres Items. Id. at 7–8. Under 39 CFR 3010.43, the Postal Service is required to submit a data collection plan. The Postal Service indicates that it intends to report information on this agreement through its Annual Compliance Report. While indicating its willingness to provide information on mail flows within the annual compliance review process, the Postal Service proposes that no special data collection plan be established for this agreement. With respect to performance measurement, it requests that the Commission exempt this agreement from separate reporting requirements under 39 CFR 3055.3 as determined in Order Nos. 549 and 570 for the agreements in Docket Nos. R2010–5, R2010–6 and R2011–4. Id. at 10. Functional equivalency. The Postal Service advances reasons why the agreement is functionally equivalent to the previously filed TNT and CPG Agreements, and contains the same attributes and methodology.2 Id. at 12– 16. It asserts that the instant agreement fits within the Mail Classification Schedule language for the Inbound Market Dominant Multi-Service Agreements with Foreign Postal Operators 1 product. Additionally, it 2 The Postal Service states that because there is no ‘‘baseline agreement’’ in the Inbound Market Dominant Multi-Service Agreements with Foreign Postal Operators 1 product, it has based its functional equivalency comparison primarily on the CPG Agreement since the CPG Agreement includes rates for ‘‘Small Packet with Delivery Scanning’’ and the TNT Agreement does not include rates for a service described as ‘‘Global Confirmation Over 2 lbs.’’ PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 53161 states that it includes similar terms and conditions, e.g., is with a foreign postal operator, incorporates similar attributes and methodology for delivery confirmation services, conforms to a common description, and applies to rates for letter-class items tendered from the postal operator’s territory similar to the Small Packets with Delivery Scanning service included with the CPG and HongKong Post Agreements. Id. at 12–13. The Postal Service identifies specific terms that distinguish the instant agreement from the CPG Agreement. Id. at 13–15. These distinctions include an indefinite term, single service nature, multilateral scope, applicability to letter-class flats, letters, and packets, and other differences. The Postal Service contends that the instant agreement is nonetheless functionally equivalent to existing agreements and ‘‘[t]he Postal Service does not consider that the specified differences affect the fundamental service the Postal Service is offering.’’ Id. at 16. In its Notice, the Postal Service maintains that certain portions of the agreement, prices, and related financial information should remain under seal. Id. at 16, Attachment 1. The Postal Service concludes that the ` Expres Service Agreement should be added as a functionally equivalent agreement under the Inbound Market Dominant Multi-Service Agreements with Foreign Postal Operators 1 product. Id. at 16. II. Notice of Filings Interested persons may submit comments on whether the Postal Service’s filings in the captioned dockets are consistent with the policies of 39 U.S.C. 3622 and 39 CFR part 3010.40. Comments are due no later than August 25, 2011. The public portions of these filings can be accessed via the Commission’s Web site (https:// www.prc.gov). The Commission appoints Emmett Rand Costich to serve as Public Representative in this docket. III. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. R2011–6 to consider matters raised by the Postal Service’s Notice. 2. Pursuant to 39 U.S.C. 505, Emmett Rand Costich is appointed to serve as officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding. 3. Comments by interested persons in this proceeding are due no later than August 25, 2011. E:\FR\FM\25AUN1.SGM 25AUN1 53162 Federal Register / Vol. 76, No. 165 / Thursday, August 25, 2011 / Notices 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Shoshana M. Grove, Secretary. [FR Doc. 2011–21690 Filed 8–24–11; 8:45 am] BILLING CODE 7710–FW–P COMMODITY FUTURES TRADING COMMISSION SECURITIES AND EXCHANGE COMMISSION [Release No. 34–65153; File No. S7–32–11] Acceptance of Public Submissions Regarding the Study of Stable Value Contracts Commodity Futures Trading Commission; Securities and Exchange Commission. ACTION: Request for comment. AGENCY: The Dodd-Frank Wall Street Reform and Consumer Protection Act (the ‘‘Dodd-Frank Act’’) was enacted on July 21, 2010. Section 719(d) of the Dodd-Frank Act mandates that the Commodity Futures Trading Commission (the ‘‘CFTC’’) and the Securities and Exchange Commission (the ‘‘SEC’’ and, together with the CFTC, the ‘‘Commissions’’) jointly conduct a study to determine whether stable value contracts (‘‘SVCs’’) fall within the definition of a swap. Section 719(d) of the Dodd-Frank Act also requires that the Commissions, in making that determination, jointly consult with the Department of Labor, the Department of the Treasury, and the State entities that regulate the issuers of SVCs. Further, Section 719(d) of the Dodd-Frank Act provides that if the Commissions determine that SVCs fall within the definition of a swap, they jointly shall determine if an exemption for SVCs from the definition of a swap is appropriate and in the public interest. In connection with this study, the Commissions’ staffs seek responses of interested parties to the questions set forth below. DATES: Please submit comments in writing on or before September 26, 2011. srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: Comments may be submitted by any of the following methods: ADDRESSES: CFTC • Agency Web site, via its Comments Online process: https://comments. cftc.gov. Follow the instructions for VerDate Mar<15>2010 16:39 Aug 24, 2011 Jkt 223001 submitting comments through the Web site. • Mail: David A. Stawick, Secretary, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. • Hand Delivery/Courier: Same as mail above. • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Please submit your comments using only one method. ‘‘Stable Value Contract Study’’ must be in the subject field of responses submitted via e-mail, and clearly indicated on written submissions. All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to https:// www.cftc.gov. You should submit only information that you wish to make available publicly. If you wish the CFTC to consider information that you believe is exempt from disclosure under the Freedom of Information Act, a petition for confidential treatment of the exempt information may be submitted according to the procedures established in section 145.9 of the CFTC’s regulations.1 The CFTC reserves the right, but shall have no obligation, to review, prescreen, filter, redact, refuse, or remove any or all of your submission from https://www.cftc.gov that it may deem to be inappropriate for publication, including obscene language. All submissions that have been redacted or removed that contain comments on the merits of the rulemaking will be retained in the public comment file and will be considered as required under applicable laws, and may be accessible under the Freedom of Information Act. SEC Electronic Comments Use the Commission’s Internet comment form (https://www.sec.gov/ rules/other.shtml); Send an e-mail to rule-comments@ sec.gov. Please include File Number S7– 32–11 on the subject line; or Use the Federal eRulemaking Portal (https://www.regulations.gov). Follow the instructions for submitting comments. Paper Comments Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. All submissions should refer to File Number S7–32–11. This file 1 17 PO 00000 CFR 145.9. Frm 00050 Fmt 4703 Sfmt 4703 number should be included on the subject line if e-mail is used. To help us process and review your comments more efficiently, please use only one method. The SEC will post all comments on the SEC’s Internet Web site (https://www.sec.gov/rules/ other.shtml). Comments are also available for Web site viewing and printing in the SEC’s Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. All comments received will be posted without change; the SEC does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. FOR FURTHER INFORMATION CONTACT: CFTC: Stephen A. Kane, Consultant, Office of the Chief Economist, (202) 418–5911, skane@cftc.gov; or David E. Aron, Counsel, Office of the General Counsel, (202) 418–6621, daron@cftc.gov, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581; SEC: Matthew A. Daigler, Senior Special Counsel, (202) 551–5500, Donna Chambers, Special Counsel, (202) 551–5500, or Leah Drennan, Attorney-Adviser, (202) 551–5500, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549. SUPPLEMENTARY INFORMATION: On July 21, 2010, President Obama signed the Dodd-Frank Act into law.2 Pursuant to section 719(d)(1)(A) of the Dodd-Frank Act, the Commissions jointly must conduct a study, not later than 15 months after the date of enactment of the Dodd-Frank Act, to determine whether SVCs fall within the definition of a swap.3 Section 719(d)(1)(A) of the 2 See Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. 111–203, 124 Stat. 1376 (2010). The text of the Dodd-Frank Act is available at https://frwebgate.access.gpo.gov/cgibin/getdoc.cgi?dbname=111_cong_bills&docid=f: h4173enr.txt.pdf. 3 The term ‘‘swap’’ is defined in Commodity Exchange Act (‘‘CEA’’) section 1a(47), 7 U.S.C. 1a(47). The term ‘‘security-based swap’’ is defined as an agreement, contract, or transaction that is a ‘‘swap’’ (without regard to the exclusion from that definition for security-based swaps) and that also has certain characteristics specified in the DoddFrank Act. See section 3(a)(68) of the Securities Exchange Act of 1934, 15 U.S.C. 78c(a)(68). Thus, a determination regarding whether SVCs fall within the definition of a swap also is relevant to a determination of whether SVCs fall within the definition of the term ‘‘security-based swap.’’ These terms are the subject of further definition in joint proposed rulemaking by the Commissions. See Further Definition of ‘‘Swap,’’ ‘‘Security-Based Swap,’’ and ‘‘Security-Based Swap Agreement’’; Mixed Swaps; Security-Based Swap Agreement Recordkeeping, File No. S7–16–11, 76 FR 29818 E:\FR\FM\25AUN1.SGM 25AUN1

Agencies

[Federal Register Volume 76, Number 165 (Thursday, August 25, 2011)]
[Notices]
[Pages 53160-53162]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21690]


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

POSTAL REGULATORY COMMISSION

[Docket No. R2011-6; Order No. 812]


Postal Service Rate Adjustment

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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

SUMMARY: The Commission is noticing a recently-filed Postal Service 
request concerning a Type 2 rate adjustment. This notice addresses 
procedural steps associated with this filing.

DATES: Comments are due: August 25, 2011.

ADDRESSES: Submit comments electronically by accessing the ``Filing 
Online'' link in the banner at the top of the Commission's Web site 
(https://www.prc.gov) or by directly accessing the Commission's Filing 
Online system at https://www.prc.gov/prc-pages/filing-online/login.aspx. Commenters who cannot submit their views electronically 
should contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section as the source for case-related information for advice 
on alternatives to electronic filing.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
at 202-789-6820 (case-related information) or DocketAdmins@prc.gov 
(electronic filing assistance).

SUPPLEMENTARY INFORMATION: 

I. Introduction
II. Notice of Filings
III. Ordering Paragraphs

I. Introduction

    On August 12, 2011, the Postal Service filed a notice pursuant to 
39 U.S.C. 3622(c)(10) and 39 CFR 3010.40 et seq. concerning a Type 2 
rate adjustment.\1\ The Notice concerns the Postal Service's accession 
to the Expr[egrave]s Service Agreement, a multilateral agreement that 
covers the delivery of cross-border letters, flats, and small packets 
(LC/AO) items weighing up to 2 kilograms tendered as Expr[egrave]s 
Items and branded with the Common Logo. Notice at 1, Attachment 2.
---------------------------------------------------------------------------

    \1\ Notice of United States Postal Service of Type 2 Rate 
Adjustment, and Notice of Filing Functionally Equivalent Agreement, 
August 12, 2011 (Notice). See also Docket Nos. MC2010-35, R2010-5 
and R2010-6, Order Adding Inbound Market Dominant Multi-Service 
Agreements with Foreign Postal Operators 1 to the Market Dominant 
Product List and Approving Included Agreements, September 30, 2010 
(Order No. 549).
---------------------------------------------------------------------------

    The Postal Service explains that the Expr[egrave]s Service 
Agreement establishes a delivery confirmation service for inbound 
Letter Post in the form of letters, flats, and small packets, which is 
currently in use for mailings between 24

[[Page 53161]]

countries. Id. at 6. The agreement provides that the Expr[egrave]s 
Items service was developed as `` `a product with reliable, consistent 
delivery, track, & trace features and a common logo.' '' Id. at 6-7, 
Attachment 2 at 1 (footnote omitted). Article 12 of the Expr[egrave]s 
Service Agreement states that any postal operator that is a postal 
administration as interpreted by the Universal Postal Union (UPU) can 
accede to the agreement by executing a Deed of Accession and delivering 
it to the group's Steering Committee. Id. at 5-6.
    Related agreements. In Order No. 549, the Commission approved the 
Inbound Market Dominant Multi-Service Agreements with Foreign Postal 
Operators 1 product and two functionally equivalent agreements, 
Strategic Bilateral Agreement Between United States Postal Service and 
Koninklijke TNT Post BV and TNT Post Pakketservice Benelux BV (TNT 
Agreement), and the China Post Group--United States Postal Service 
Letter Post Bilateral Agreement (CPG Agreement). In Order No. 700, the 
Commission approved the HongKong Post Agreement. The Postal Service 
states that both the CPG and HongKong Post Agreements contain annexes 
which include a Small Packet with Delivery Scanning service. Notice at 
1-2. It maintains that the delivery confirmation service included in 
the Expr[egrave]s Service Agreement is functionally equivalent to the 
delivery confirmation service provided with the Small Packet with 
Delivery Scanning service that is included in the CPG Agreement. Id. at 
2. The Postal Service asserts that because the Expr[egrave]s Service 
Agreement delivery confirmation service is similar to the CPG Agreement 
scanning service, it should be included as a functionally equivalent 
agreement under the Inbound Market Dominant Multi-Service Agreements 
with Foreign Postal Operators 1 product established in Docket Nos. 
MC2010-35, R2010-5 and R2010-6. Id.
    The Postal Service states that the Governors have authorized Type 2 
rate adjustments for negotiated service agreements in accordance with 
39 CFR 3010.40 et seq. that will result generally in more remunerative 
rates than the default rates set by the UPU Acts for inbound Letter 
Post items. Id. at 1. In accordance with Article 12 of the 
Expr[egrave]s Service Agreement, the Postal Service's accession will 
become effective on the first day of the second month following 
approval by the Steering Committee. Id. at 5. The Postal Service states 
if the accession is approved during the month of August, it expects the 
effective date to be October 1, 2011. Id.
    In support of its Notice, the Postal Service filed three 
attachments as follows:
     Attachment 1--an application for non-public treatment of 
materials to maintain redacted portions of the agreement and supporting 
documents under seal;
     Attachment 2--a redacted copy of the Expr[egrave]s Service 
Agreement, including applicable annexes; and
     Attachment 3--redacted copies of documents related to the 
Postal Service's deed of accession, including notice and technical 
specifications.
    The Postal Service states its filings comply with 39 CFR 3010.40 et 
seq. for the implementation of a negotiated service agreement. The 
Notice identifies performance attributes associated with the agreement, 
e.g., delivery confirmation service for letter-class flats, letters, 
and packets using a specific barcode, and incentive to improve mail 
processing efficiency for remuneration based on timely delivery and 
return of scans for Expr[egrave]s Items. Id. at 7-8.
    Under 39 CFR 3010.43, the Postal Service is required to submit a 
data collection plan. The Postal Service indicates that it intends to 
report information on this agreement through its Annual Compliance 
Report. While indicating its willingness to provide information on mail 
flows within the annual compliance review process, the Postal Service 
proposes that no special data collection plan be established for this 
agreement. With respect to performance measurement, it requests that 
the Commission exempt this agreement from separate reporting 
requirements under 39 CFR 3055.3 as determined in Order Nos. 549 and 
570 for the agreements in Docket Nos. R2010-5, R2010-6 and R2011-4. Id. 
at 10.
    Functional equivalency. The Postal Service advances reasons why the 
agreement is functionally equivalent to the previously filed TNT and 
CPG Agreements, and contains the same attributes and methodology.\2\ 
Id. at 12-16. It asserts that the instant agreement fits within the 
Mail Classification Schedule language for the Inbound Market Dominant 
Multi-Service Agreements with Foreign Postal Operators 1 product. 
Additionally, it states that it includes similar terms and conditions, 
e.g., is with a foreign postal operator, incorporates similar 
attributes and methodology for delivery confirmation services, conforms 
to a common description, and applies to rates for letter-class items 
tendered from the postal operator's territory similar to the Small 
Packets with Delivery Scanning service included with the CPG and 
HongKong Post Agreements. Id. at 12-13.
---------------------------------------------------------------------------

    \2\ The Postal Service states that because there is no 
``baseline agreement'' in the Inbound Market Dominant Multi-Service 
Agreements with Foreign Postal Operators 1 product, it has based its 
functional equivalency comparison primarily on the CPG Agreement 
since the CPG Agreement includes rates for ``Small Packet with 
Delivery Scanning'' and the TNT Agreement does not include rates for 
a service described as ``Global Confirmation Over 2 lbs.''
---------------------------------------------------------------------------

    The Postal Service identifies specific terms that distinguish the 
instant agreement from the CPG Agreement. Id. at 13-15. These 
distinctions include an indefinite term, single service nature, 
multilateral scope, applicability to letter-class flats, letters, and 
packets, and other differences. The Postal Service contends that the 
instant agreement is nonetheless functionally equivalent to existing 
agreements and ``[t]he Postal Service does not consider that the 
specified differences affect the fundamental service the Postal Service 
is offering.'' Id. at 16.
    In its Notice, the Postal Service maintains that certain portions 
of the agreement, prices, and related financial information should 
remain under seal. Id. at 16, Attachment 1.
    The Postal Service concludes that the Expr[egrave]s Service 
Agreement should be added as a functionally equivalent agreement under 
the Inbound Market Dominant Multi-Service Agreements with Foreign 
Postal Operators 1 product. Id. at 16.

II. Notice of Filings

    Interested persons may submit comments on whether the Postal 
Service's filings in the captioned dockets are consistent with the 
policies of 39 U.S.C. 3622 and 39 CFR part 3010.40. Comments are due no 
later than August 25, 2011. The public portions of these filings can be 
accessed via the Commission's Web site (https://www.prc.gov).
    The Commission appoints Emmett Rand Costich to serve as Public 
Representative in this docket.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. R2011-6 to consider 
matters raised by the Postal Service's Notice.
    2. Pursuant to 39 U.S.C. 505, Emmett Rand Costich is appointed to 
serve as officer of the Commission (Public Representative) to represent 
the interests of the general public in this proceeding.
    3. Comments by interested persons in this proceeding are due no 
later than August 25, 2011.

[[Page 53162]]

    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2011-21690 Filed 8-24-11; 8:45 am]
BILLING CODE 7710-FW-P