International Mail Contract, 70849-70850 [2012-28659]

Agencies

• POSTAL REGULATORY COMMISSION

[Federal Register Volume 77, Number 228 (Tuesday, November 27, 2012)]
[Notices]
[Pages 70849-70850]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28659]


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POSTAL REGULATORY COMMISSION

[Docket No. R2013-2; Order No.1550]


International Mail Contract

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recent Postal Service filing 
concerning a Type 2 rate adjustment in conjunction with a mail contract 
with China Post. This notice informs the public of the filing, invites 
public comment, and takes other administrative steps.

DATES: Comments Are Due: November 29, 2012.

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

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
at 202-789-6820.

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    Background. On November 15, 2012, the Postal Service filed a 
notice, pursuant to 39 CFR 3010.40 et seq., announcing a Type 2 rate 
adjustment in conjunction with a new negotiated service agreement.\1\ 
The Notice concerns the inbound portion of a Multi-Product Bilateral 
Agreement with China Post Group (Agreement), which the Postal Service 
seeks to include within the existing Inbound Market Dominant Multi-
Service Agreements with Foreign Postal Operators 1 product. Notice at 
1.
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    \1\ Notice of United States Postal Service of Type 2 Rate 
Adjustment, and Notice of Filing Functionally Equivalent Agreement, 
November 15, 2012 (Notice).
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    Contract history and scope. The Agreement is a successor to the 
existing China Post 2011 Agreement, which was included within Inbound 
Market Dominant Multi-Service Agreement with Foreign Postal Operators 1 
by operation of Order No. 871. Id. at 2. Rates under the Agreement are 
intended to take effect January 1, 2013 following expiration, on 
December 31, 2012, of rates now in effect under the China Post 2011 
Agreement. Id. at 3. The Agreement pertains only to inbound market 
dominant rates; rates paid by the Postal Service to China Post Group 
for outbound delivery of Postal Service products in China are not in 
included. Id. at 6.
    Applicable rules. Subpart D of 39 CFR 3010 addresses rate 
adjustments for negotiated service agreements (Type 2 adjustments). The 
rules in this subpart specify, among other things, the scope and nature 
of the data, information, and explanations the Postal Service is to 
provide in a notice of Type 2 rate adjustment; the action the 
Commission is to take upon receipt of such Notice; and the nature of 
Commission review. See 39 CFR 3010.42 through 3010.44.

II. Notice of Filing

    Compliance with filing requirements. The Postal Service's filing 
consists of the Notice, two attachments, and a public Excel file. 
Attachment 1 to the Notice is an application for non-public treatment 
of material filed under seal with the Commission (Application).\2\ This 
material consists of the unredacted text of the Agreement and 
unredacted supporting financial documentation. Id. at 2. Attachment 2 
is a redacted copy of the China Post 2013 Agreement. Id. The public 
Excel file is a redacted version of the supporting financial 
documentation. Id.
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    \2\ The Application was filed pursuant to 39 CFR 3007.21. See 
Notice at 12.
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    The Postal Service identifies January 1, 2013 as the effective 
date; asserts that the requisite 45 days' advance notice is being 
provided; and identifies a Postal Service official as a contact for 
further information. Id. at 3. It identifies the parties to the 
Agreement as the United States Postal Service and China Post Group, the 
postal operator for China. Id. at 4. It states that the Agreement 
includes delivery confirmation scanning for Letter Post small packets, 
a service also included in the China Post 2010 and China Post 2011 
Agreements. Id.
    The Postal Service states that information about expected financial 
improvements, costs, volumes, and revenues in financial workpapers has 
been filed with the Commission under seal. Id. It identifies two 
components of the Agreement that are expected to enhance operational 
performance: continuation of delivery confirmation service for Letter 
Post small packets and use of business rules for international mail 
settlement. Id. at 4-5.
    The Postal Service presents several reasons why the instant 
Agreement will not result in unreasonable harm to the marketplace, 
including China Post Group's status as the only entity in a position to 
avail itself of an agreement of this type and the role of the Postal 
Service and China Post Group as their countries' designated operators 
for exchange of mail. Id. at 5-6.
    Rule 3010.43--data collection plan. Rule 3010.43 requires the 
Postal Service to submit a detailed data collection plan. In lieu of a 
special data collection for the Agreement, the Postal Service states 
that it intends to provide information via the Annual Compliance Report 
and, pursuant to this alternative, to provide any necessary information 
about mail flows from China in the course of the annual review process. 
Id. at 7. The Postal Service further asks that the Commission except 
the Agreement from the separate performance reporting requirement under 
39 CFR 3055.3(a)(3). Id. It notes that the Commission has granted such 
exceptions for similar agreements.\3\
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    \3\ The Postal Service cites exceptions granted for the China 
Post 2010 Agreement, the TNT Agreement, the Hongkong Post 2011 
Agreement, and the China Post 2011 Agreement. Id.
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    Consistency with applicable statutory criteria. The Postal Service 
observes that Commission review of a negotiated service agreement 
addresses three statutory criteria: whether the agreement (1) improves 
the Postal Service's net financial position or enhances the

[[Page 70850]]

performance of operational functions; (2) will not cause unreasonable 
harm to the marketplace; and (3) will be available on public and 
reasonable terms to similarly-situated mailers. Id. at 7-8 (citing 39 
U.S.C. 3622(c)(10)). The Postal Service asserts that it addresses the 
first two criteria in its Notice and that the third is inapplicable, as 
there are no similarly situated mailers. Id. at 8.
    Functional equivalency. The Postal Service asserts that the 
Agreement is functionally equivalent to the China Post 2010 Agreement, 
the TNT Agreement, and the Hongkong Post 2011 Agreement because its 
terms fit within the proposed Mail Classification Schedule (MCS) 
language for Inbound Market Dominant Multi-Service Agreements with 
Foreign Postal Operators 1. Id. It therefore states that the Agreement, 
along with the referenced agreements, conform to a common description. 
Id. at 8-9. The Postal Service also asserts that all four agreements 
are constructed from a similar template; contain many similar terms and 
conditions; provide rates for Letter Post tendered to the Postal 
Service from each foreign operator's territory, along with ancillary 
services to accompany inbound Letter Post; are with a foreign postal 
operator; and provide comparable benefits. Id. at 9. It therefore 
claims that because the agreements incorporate the same attributes and 
methodology, the relevant characteristics are similar, if not the same. 
Id.
    The Postal Service acknowledges the existence of differences that 
distinguish the Agreement from previous agreements; identifies new and 
revised elements with specificity; and briefly describes the nature of 
the changes.\4\ Id. at 10-12. However, it asserts that the Agreement is 
nevertheless functionally equivalent to the previously approved 
agreements referenced in its Notice, and that the differences do not 
affect either the fundamental service being offered or the fundamental 
structure of the contracts. Id. at 12.
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    \4\ Affected elements include the first paragraph of the 
Agreement; Articles 1 and 2; Articles 12, 14, 16, 22 and 23; names 
of the signatories; and Annexes 1 through 5. Article 2 is a new 
element addressing Guiding Principles; therefore, successive 
articles have been renumbered. Changes include, for example, updates 
to a street address, contact information, Web sites and label 
samples; revisions to the stated purposes of the Agreement; and 
rephrasing of indemnification and liability provisions.
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III. Notice of Proceeding

    The Commission, in conformance with rule 3010.44, hereby 
establishes Docket No. R2013-2 to consider issues raised by the Notice. 
The Commission invites public comments on whether the Postal Service's 
filing in the captioned docket is consistent with the policies of 39 
U.S.C. 3622 and 39 CFR part 3010.40. Comments are due no later than 
November 29, 2012.\5\
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    \5\ To provide sufficient time for interested persons to comment 
in these proceedings, the Commission finds it appropriate to modify 
the 10-day comment period specified in 39 CFR 3010.44(a)(5). The 
modest extension will not prejudice either party to the agreement, 
given that 45 days' advance notice is provided in Type 2 rate 
adjustments.
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    The public portions of the Postal Service's filing have been posted 
on the Commission's Web site. They can be accessed at https://www.prc.gov. Information on how to obtain access to non-public material 
is available at 39 CFR 3007.40.
    The Commission appoints James F. Callow to serve as Public 
Representative in this docket.

IV. Ordering paragraphs

    It is ordered:
    1. The Commission establishes Docket No. R2013-2 to consider 
matters raised by the Notice of United States Postal Service of Type 2 
Rate Adjustment, and Notice of Filing Functionally Equivalent 
Agreement, filed November 15, 2012.
    2. Pursuant to 39 U.S.C. 505, James F. Callow is appointed to serve 
as an 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 November 29, 2012.
    4. The Secretary shall arrange for publication of this Order in the 
Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2012-28659 Filed 11-26-12; 8:45 am]
BILLING CODE 7710-FW-P