Product Change-First-Class Package Service Negotiated Service Agreement, 70853 [2012-28669]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with 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. VerDate Mar<15>2010 15:05 Nov 26, 2012 Jkt 229001 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. PO 00000 Frm 00117 Fmt 4703 Sfmt 9990 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 E:\FR\FM\27NON1.SGM 27NON1

Agencies

[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.

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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