Negotiated Service Agreement, 35649-35650 [2013-14020]

Download as PDF Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Notices POSTAL REGULATORY COMMISSION [Docket No. CP2013–23; Order No. 1741] Negotiated Service Agreement Postal Regulatory Commission. Notice. AGENCY: ACTION: SUMMARY: The Commission is noticing a recent Postal Service filing concerning an amendment to the 2013 Singapore Post Limited Agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: June 14, 2013. 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. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Contents of Filing III. Commission Action IV. Ordering Paragraphs I. Introduction tkelley on DSK3SPTVN1PROD with NOTICES On June 4, 2013, the Postal Service filed notice, pursuant to 39 CFR 3010.40 et seq., that it has entered into a modification of a bilateral agreement for inbound market dominant services with Singapore Post Limited (2013 Agreement).1 The 2013 Agreement concerns an extension to March 31, 2014 and revised Annex 1 rates. Notice at 1–2. The 2013 Agreement, if approved, would supersede a recentlyapproved extension to July 31, 2013.2 Notice at 2. The Postal Service seeks to have the 2013 Agreement included within the Inbound Market Dominant MultiService Agreements with Foreign Postal Operators 1 product on grounds of 1 Notice of United States Postal Service of Filing Additional Inbound Market Dominant MultiService Agreements with Foreign Postal Operators 1 Negotiated Service Agreement (with Singapore Post Limited), June 4, 2013 (Notice). Underlying agreements include the Docket No. R2012–1 (Singapore Post Agreement) and the Docket No. R2013–5 Modification (to the Singapore Post Agreement). The Postal Service refers to the 2013 Agreement filed in this case as Modification Three. 2 See Docket No. R2013–5, Order No. 1721, Order Granting Motion for Temporary Relief, May 17, 2013. VerDate Mar<15>2010 16:58 Jun 12, 2013 Jkt 229001 functional equivalence to the agreement filed in Docket No. MC2010–35.3 Id. II. Contents of Filing Compliance with filing requirements. The Postal Service’s filing consists of a Modified Agreement and supporting documents addressing compliance with 39 U.S.C. 3633 and 39 CFR 3015.5 (filed under seal); a public Excel file containing redacted versions of financial workpapers filed under seal; the Notice; and four attachments to the Notice. Attachment 1 is the Postal Service’s Application for Non-Public Treatment of the material filed under seal. Attachment 2 is a redacted copy of the 2013 Agreement. Attachments 3 and 4, respectively, are redacted copies of the Docket No. R2013–5 Modification and the Docket No. R2012–1 Singapore Post Agreement. The Postal Service states that the rates in the 2013 Agreement are expected to become effective on August 1, 2013; 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 4. The Postal Service identifies the parties to the 2013 Agreement as the United States Postal Service and Singapore Post Limited, the postal operator for Singapore. Id. The Postal Service states that other than extending the current Singapore Post Agreement and revising the rates in Annex 1 of that Agreement, the 2013 Agreement does not materially change the terms of the Singapore Post Agreement. Id. at 5. It therefore requests that the Commission refer to the notice filed in Docket No. R2012–1 for a discussion of certain enhancements (related to the performance of mail preparation, processing, transportation, or other functions) and actions to assure that the 2013 Agreement will not result in unreasonable harm to the marketplace. Id. at 5–6. Rule 3010.43—data collection plan. The Postal Service requests, based on reasons described in the Notice filed in Docket No. R2012–1 and consistent with Order Nos. 995 and 1610, that the Singapore Post Agreement Modification Three be excepted from separate reporting under 39 CFR 3055.2(a)(3). Id. at 6. Consistency with applicable statutory criteria. The Postal Service states that under 39 U.S.C. 3622, the criteria for the Commission’s review are whether the 3 A copy of the Singapore Post Agreement Modification Two that was the subject of Docket No. R2013–5 is included as Attachment 3. A redacted copy of the Singapore Post Agreement filed in Docket No. R2012–1 is included as Attachment 4. PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 35649 2013 Agreement (1) Improves the net financial position of the Postal Service 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.4 Notice at 6–7. The Postal Service states that Part I.A. of its Notice addresses 39 U.S.C. 3622(c)(10)(A) and (B). Id. at 7. The Postal Service asserts that there are no entities similarly situated to Singapore Post Limited in their ability to tender broad-based Letter Post flows from Singapore under similar operational conditions, nor are there any other entities that serve as a designated operator for Letter Post originating in Singapore. Id. Based on the Commission’s finding that the Docket No. R2012–1 Singapore Post Agreement and the Docket No. R2013– 5 Modification met the criteria in 39 U.S.C. 3622(c)(10), the Postal Service respectfully urges the Commission to act promptly by allowing the 2013 Agreement to be implemented under 39 CFR 3010.40. Id. III. Commission Action The Commission, in conformance with rule 3010.44, hereby establishes Docket No. R2013–8 to consider issues raised by the Notice. The Commission invites comments from interested persons on whether the 2013 Agreement is consistent with 39 U.S.C. 3622 and the requirements of 39 CFR part 3010. Comments are due no later than June 14, 2013. The public portions of this filing can be accessed via the Commission’s Web site (https://www.prc.gov). Information on how to obtain access to non-public material appears at 39 CFR 3007.40. The Commission appoints Derrick D. Dennis to serve as Public Representative in this docket. IV. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. R2013–8 for consideration of matters raised by the Postal Service’s Notice. 2. Pursuant to 39 U.S.C. 505, Derrick D. Dennis 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 June 14, 2013. 4. The Secretary shall arrange for publication of this Order in the Federal Register. 4 See E:\FR\FM\13JNN1.SGM 39 U.S.C. 3622(c)(10)(A) and (B). 13JNN1 35650 Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Notices By the Commission. Shoshana M. Grove, Secretary. (MC2010–34) product on the competitive product list. Notice at 3. II. Contents of Filing [FR Doc. 2013–14020 Filed 6–12–13; 8:45 am] BILLING CODE 7710–FW–P POSTAL REGULATORY COMMISSION [Docket No. CP2013–65; Order No. 1740] New Postal Product Postal Regulatory Commission. ACTION: Notice. AGENCY: SUMMARY: The Commission is noticing a recent-filed Postal Service request to add an additional negotiated service agreement with Germany’s foreign postal operator, Deutsche Post. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: June 14, 2013. 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. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Contents of Filing III. Commission Action IV. Ordering Paragraphs tkelley on DSK3SPTVN1PROD with NOTICES I. Introduction On June 6, 2013, the Postal Service filed a notice, pursuant to 39 CFR 3015.5, stating that it has entered into an additional negotiated service agreement (Agreement) with Germany’s foreign postal operator, Deutsche Post.1 The Postal Service seeks to have the inbound portion of the Agreement, which concerns delivery of inbound Air and Surface CP 2 and EMS in the United States, included within the Inbound Competitive Multi-Service Agreements with Foreign Postal Operators 1 1 United States Postal Service Notice of Filing Functionally Equivalent Inbound Competitive Multi-Service Agreement with a Foreign Postal Operator (Deutsche Post), June 6, 2013 (Notice). 2 ‘‘CP’’ is an abbreviation used to identify or reference international parcel post (from the French phrase colis postaux, ‘‘postal package’’). VerDate Mar<15>2010 16:58 Jun 12, 2013 Jkt 229001 The Postal Service’s filing consists of the Notice, redacted financial workpapers, and four attachments. Attachment 1 is a redacted copy of the Agreement. Attachment 2 is the certified statement required by 39 CFR 3015.5(c)(2). Attachment 3 is a redacted copy of Governors’ Decision No. 10–3. Attachment 4 is an application for nonpublic treatment of material. The Agreement’s intended effective date is July 1, 2013. Id. at 2. The rates for inbound Air and Surface CP and EMS included in the Agreement are to remain in effect until either party terminates the Agreement in accordance with Article 9. Attachment 1 at 3. Article 9 permits either party to terminate the Agreement at the end of a calendar quarter without cause upon 90 days written notice. Id. The Notice reviews the regulatory history of the Inbound Competitive Multi-Service Agreements with Foreign Operators 1 product and identifies the agreement with Koninklijke TNT Post BV and TNT Pakketservice Benelux BV (approved in Docket No. CP2010–95) as the baseline agreement for purposes of determining functional equivalence.3 Id. at 2–3. It asserts that the Agreement fits within applicable Mail Classification Schedule language and addresses functional equivalency with the baseline agreement, including similarity of cost characteristics. Id. at 4–5. The Postal Service also identifies differences between the Agreement and the baseline agreement, such as the addition of several articles, revisions to existing articles, and new annexes, but asserts that these differences do not detract from a finding of functional equivalency. Id. at 5–8. III. Commission Action Notice of establishment of docket. The Commission establishes Docket No. CP2013–65 for consideration of matters raised by the Notice. The Commission appoints James F. Callow to serve as Public Representative in this docket. Interested persons may submit comments on whether the Postal Service’s filing in the captioned docket is consistent with the policies of 39 U.S.C. 3632, 3633, and 3642 and the 3 The Postal Service identifies Governors’ Decision No. 10–3 as the enabling Governors’ Decision. Id. at 5. The status of the TNT Agreement as the baseline agreement was confirmed in Docket No. CP2011–69, Order No. 840, Order Concerning an Additional Inbound Competitive Multi-Service Agreements with Foreign Postal Operators 1 Negotiated Service Agreement, September 7, 2011. PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 requirements of 39 CFR parts 3015 and 3020. Comments are due no later than June 14, 2013. The public portions of this filing can be accessed via the Commission’s Web site (https:// www.prc.gov). Information on obtaining access to sealed material appears in 39 CFR part 3007. IV. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. CP2013–65 for consideration of matters raised by the Postal Service’s Notice. 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 are due no later than June 14, 2013. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Shoshana M. Grove, Secretary. [FR Doc. 2013–14062 Filed 6–12–13; 8:45 am] BILLING CODE 7710–FW–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–69716; File No. SR–CBOE– 2013–060] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Rule 6.74A June 7, 2013. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on May 31, 2013, Chicago Board Options Exchange, Incorporated (the ‘‘Exchange’’ or ‘‘CBOE’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to delay the operative date of a recent change to Rule 1 15 2 17 E:\FR\FM\13JNN1.SGM U.S.C. 78s(b)(1). CFR 240.19b–4. 13JNN1

Agencies

POSTAL REGULATORY COMMISSION

[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Notices]
[Pages 35649-35650]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14020]



[[Page 35649]]

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POSTAL REGULATORY COMMISSION

[Docket No. CP2013-23; Order No. 1741]


Negotiated Service Agreement

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recent Postal Service filing 
concerning an amendment to the 2013 Singapore Post Limited Agreement. 
This notice informs the public of the filing, invites public comment, 
and takes other administrative steps.

DATES: Comments are due: June 14, 2013.

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. Contents of Filing
III. Commission Action
IV. Ordering Paragraphs

I. Introduction

    On June 4, 2013, the Postal Service filed notice, pursuant to 39 
CFR 3010.40 et seq., that it has entered into a modification of a 
bilateral agreement for inbound market dominant services with Singapore 
Post Limited (2013 Agreement).\1\ The 2013 Agreement concerns an 
extension to March 31, 2014 and revised Annex 1 rates. Notice at 1-2. 
The 2013 Agreement, if approved, would supersede a recently-approved 
extension to July 31, 2013.\2\ Notice at 2.
---------------------------------------------------------------------------

    \1\ Notice of United States Postal Service of Filing Additional 
Inbound Market Dominant Multi-Service Agreements with Foreign Postal 
Operators 1 Negotiated Service Agreement (with Singapore Post 
Limited), June 4, 2013 (Notice). Underlying agreements include the 
Docket No. R2012-1 (Singapore Post Agreement) and the Docket No. 
R2013-5 Modification (to the Singapore Post Agreement). The Postal 
Service refers to the 2013 Agreement filed in this case as 
Modification Three.
    \2\ See Docket No. R2013-5, Order No. 1721, Order Granting 
Motion for Temporary Relief, May 17, 2013.
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    The Postal Service seeks to have the 2013 Agreement included within 
the Inbound Market Dominant Multi-Service Agreements with Foreign 
Postal Operators 1 product on grounds of functional equivalence to the 
agreement filed in Docket No. MC2010-35.\3\ Id.
---------------------------------------------------------------------------

    \3\ A copy of the Singapore Post Agreement Modification Two that 
was the subject of Docket No. R2013-5 is included as Attachment 3. A 
redacted copy of the Singapore Post Agreement filed in Docket No. 
R2012-1 is included as Attachment 4.
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II. Contents of Filing

    Compliance with filing requirements. The Postal Service's filing 
consists of a Modified Agreement and supporting documents addressing 
compliance with 39 U.S.C. 3633 and 39 CFR 3015.5 (filed under seal); a 
public Excel file containing redacted versions of financial workpapers 
filed under seal; the Notice; and four attachments to the Notice. 
Attachment 1 is the Postal Service's Application for Non-Public 
Treatment of the material filed under seal. Attachment 2 is a redacted 
copy of the 2013 Agreement. Attachments 3 and 4, respectively, are 
redacted copies of the Docket No. R2013-5 Modification and the Docket 
No. R2012-1 Singapore Post Agreement.
    The Postal Service states that the rates in the 2013 Agreement are 
expected to become effective on August 1, 2013; 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 4. 
The Postal Service identifies the parties to the 2013 Agreement as the 
United States Postal Service and Singapore Post Limited, the postal 
operator for Singapore. Id.
    The Postal Service states that other than extending the current 
Singapore Post Agreement and revising the rates in Annex 1 of that 
Agreement, the 2013 Agreement does not materially change the terms of 
the Singapore Post Agreement. Id. at 5. It therefore requests that the 
Commission refer to the notice filed in Docket No. R2012-1 for a 
discussion of certain enhancements (related to the performance of mail 
preparation, processing, transportation, or other functions) and 
actions to assure that the 2013 Agreement will not result in 
unreasonable harm to the marketplace. Id. at 5-6.
    Rule 3010.43--data collection plan. The Postal Service requests, 
based on reasons described in the Notice filed in Docket No. R2012-1 
and consistent with Order Nos. 995 and 1610, that the Singapore Post 
Agreement Modification Three be excepted from separate reporting under 
39 CFR 3055.2(a)(3). Id. at 6.
    Consistency with applicable statutory criteria. The Postal Service 
states that under 39 U.S.C. 3622, the criteria for the Commission's 
review are whether the 2013 Agreement (1) Improves the net financial 
position of the Postal Service 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.\4\ Notice at 6-7. The Postal Service 
states that Part I.A. of its Notice addresses 39 U.S.C. 3622(c)(10)(A) 
and (B). Id. at 7. The Postal Service asserts that there are no 
entities similarly situated to Singapore Post Limited in their ability 
to tender broad-based Letter Post flows from Singapore under similar 
operational conditions, nor are there any other entities that serve as 
a designated operator for Letter Post originating in Singapore. Id. 
Based on the Commission's finding that the Docket No. R2012-1 Singapore 
Post Agreement and the Docket No. R2013-5 Modification met the criteria 
in 39 U.S.C. 3622(c)(10), the Postal Service respectfully urges the 
Commission to act promptly by allowing the 2013 Agreement to be 
implemented under 39 CFR 3010.40. Id.
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    \4\ See 39 U.S.C. 3622(c)(10)(A) and (B).
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III. Commission Action

    The Commission, in conformance with rule 3010.44, hereby 
establishes Docket No. R2013-8 to consider issues raised by the Notice. 
The Commission invites comments from interested persons on whether the 
2013 Agreement is consistent with 39 U.S.C. 3622 and the requirements 
of 39 CFR part 3010. Comments are due no later than June 14, 2013. The 
public portions of this filing can be accessed via the Commission's Web 
site (https://www.prc.gov). Information on how to obtain access to non-
public material appears at 39 CFR 3007.40.
    The Commission appoints Derrick D. Dennis to serve as Public 
Representative in this docket.

IV. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. R2013-8 for consideration 
of matters raised by the Postal Service's Notice.
    2. Pursuant to 39 U.S.C. 505, Derrick D. Dennis 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 June 14, 2013.
    4. The Secretary shall arrange for publication of this Order in the 
Federal Register.


[[Page 35650]]


    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2013-14020 Filed 6-12-13; 8:45 am]
BILLING CODE 7710-FW-P

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