Product Change-First-Class Package Service Negotiated Service Agreement, 70853 [2012-28669]
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Federal Register / Vol. 77, No. 228 / Tuesday, November 27, 2012 / Notices
to provide any necessary information
about mail flows from Hongkong Post 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.4
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
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
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.
Functional equivalency. The Postal
Service asserts that the Agreement is
functionally equivalent to the China
Post 2010 Agreement, the TNT
Agreement, Hongkong Post 2011
Agreement, and the China 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. at 8–9. It therefore states
that the Agreement, along with the
referenced agreements, conform to a
common description. Id. at 9. The Postal
Service also asserts that all five
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. 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
4 The Postal Service cites exceptions granted for
the China Post 2010 Agreement, the TNT
Agreement, the Hongkong Post 2011 Agreement, the
China Post 2011 Agreement, and the Hongkong Post
2012 Agreement. Notice at 7.
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15:05 Nov 26, 2012
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describes the nature of the changes.5 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.
Additional matter—blanket
performance reporting exception for
future contracts. In addition to seeking
an exception from the separate
performance reporting requirements in
rule 3055.3(a)(3) for this Agreement, the
Postal Service also asks that the
Commission approve a blanket
exception from such reporting for all
contracts added to the MCS as Inbound
Market Dominant Multi-Service
Agreements with Foreign Postal
Operators on grounds that the
performance of the products covered by
those agreements is already included in
the measurement of other products. Id.
at 13.
III. Notice of Proceeding
The Commission, in conformance
with rule 3010.44, hereby establishes
Docket No. R2013–3 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.
The Commission also invites comments
on the Postal Service’s request for an
exception from performance reporting
requirements in 39 CFR 3055.3(a)(3) for
all future contracts added to the
Inbound Market Dominant MultiService Agreements with Foreign Postal
Operators 1 (Docket Nos. MC2010–35,
R2010–5, and R2010–6) product.
Comments are due no later than
November 29, 2012.6
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.
5 Affected elements include the deletion of
‘‘Letter Post’’ in the Agreement’s title, names of the
signatories, revised portions of Articles 1, 11, 13,
15, 19, 20, 21, 22, and Annexes 1, 2 and 5. Changes
include, for example, a revision of the Agreement’s
purpose, contact information, clarification of
certain requirements under U.S. law related to the
Agreement, and rate revisions.
6 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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70853
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. R2013–3 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. 2012–28660 Filed 11–26–12; 8:45 am]
BILLING CODE 7710–FW–P
POSTAL SERVICE
Product Change—First-Class Package
Service Negotiated Service Agreement
Postal ServiceTM.
ACTION: Notice.
AGENCY:
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Effective date: November 27,
2012.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Elizabeth A. Reed, 202–268–3179.
The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on November 16,
2012, it filed with the Postal Regulatory
Commission a Request of the United
States Postal Service to Add First-Class
Package Service Contract 30 to
Competitive Product List. Documents
are available at www.prc.gov, Docket
Nos. MC2013–20, CP2013–19.
SUPPLEMENTARY INFORMATION:
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2012–28669 Filed 11–26–12; 8:45 am]
BILLING CODE 7710–12–P
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[Federal Register Volume 77, Number 228 (Tuesday, November 27, 2012)]
[Notices]
[Page 70853]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28669]
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POSTAL SERVICE
Product Change--First-Class Package Service Negotiated Service
Agreement
AGENCY: Postal Service\TM\.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Postal Service gives notice of filing a request with the
Postal Regulatory Commission to add a domestic shipping services
contract to the list of Negotiated Service Agreements in the Mail
Classification Schedule's Competitive Products List.
DATES: Effective date: November 27, 2012.
FOR FURTHER INFORMATION CONTACT: Elizabeth A. Reed, 202-268-3179.
SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg]
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on
November 16, 2012, it filed with the Postal Regulatory Commission a
Request of the United States Postal Service to Add First-Class Package
Service Contract 30 to Competitive Product List. Documents are
available at www.prc.gov, Docket Nos. MC2013-20, CP2013-19.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2012-28669 Filed 11-26-12; 8:45 am]
BILLING CODE 7710-12-P
