E9-28506. New Postal Product  

  • Start Preamble

    AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Final rule.

    SUMMARY:

    The Commission is adding Priority Mail Contract 21 to the Competitive Product List. This action is consistent with changes in a recent law governing postal operations. Republication of the lists of market dominant and competitive products is also consistent with new requirements in the law.

    DATES:

    Effective November 30, 2009 and is applicable beginning October 28, 2009.

    Start Further Info

    FOR FURTHER INFORMATION CONTACT:

    Stephen L. Sharfman, General Counsel, 202-789-6820 or stephen.sharfman@prc.gov.

    End Further Info End Preamble Start Supplemental Information

    SUPPLEMENTARY INFORMATION:

    Regulatory History, 74 FR 54599 (October 22, 2009).

    I. Introduction

    II. Background

    III. Comments

    IV. Commission Analysis

    V. Ordering Paragraphs

    I. Introduction

    The Postal Service seeks to add a new product identified as Priority Mail Contract 21 to the Competitive Product List. For the reasons discussed below, the Commission approves the Request.

    II. Background

    On October 14, 2009, the Postal Service filed a formal request pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add Priority Mail Contract 21 to the Competitive Product List.[1] The Postal Service asserts that the Priority Mail Contract 21 product is a competitive product “not of general applicability” within the meaning of 39 U.S.C. 3632(b)(3). This Request has been assigned Docket No. MC2010-3.

    The Postal Service contemporaneously filed a contract related to the proposed new product pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. The contract has been assigned Docket No. CP2010-3.

    In support of its Request, the Postal Service filed the following materials: (1) A redacted version of the Governors' Decision, originally filed in Docket No. MC2009-25, authorizing the Priority Mail Contract Group; [2] (2) a redacted version of the contract; [3] (3) a requested change in the Mail Classification Schedule product list; [4] (4) a Statement of Supporting Justification as required by 39 CFR 3020.32; [5] (5) a certification of compliance with 39 U.S.C. 3633(a); [6] and (6) an application for non-public treatment of the materials filed under seal.[7] The redacted version of the contract provides that the contract is terminable on 30 days' notice by either Start Printed Page 62494party, but could continue for three years from the effective date subject to annual price adjustments. Request, Attachment B.

    In the Statement of Supporting Justification, Mary Prince Anderson, Acting Manager, Sales and Communications, Expedited Shipping, asserts that the service to be provided under the contract will cover its attributable costs, make a positive contribution to coverage of institutional costs, and will increase contribution toward the requisite 5.5 percent of the Postal Service's total institutional costs. Request, Attachment D, at 1. W. Ashley Lyons, Manager, Regulatory Reporting and Cost Analysis, Finance Department, certifies that the contract complies with 39 U.S.C. 3633(a). Id., Attachment E.

    The Postal Service filed much of the supporting materials, including the supporting data and the unredacted contract, under seal. The Postal Service maintains that the contract and related financial information, including the customer's name and the accompanying analyses that provide prices, certain terms and conditions, and financial projections, should remain confidential. Id., Attachment F, at 2-3.[8]

    In Order No. 316, the Commission gave notice of the two dockets, appointed a public representative, and provided the public with an opportunity to comment.[9]

    III. Comments

    Comments were filed by the Public Representative.[10] No comments were submitted by other interested parties. The Public Representative states that the Postal Service's filing meets the pertinent provisions of title 39 and the relevant Commission rules. Id. at 1, 3. He further states that the agreement employs pricing terms favorable to the customer, the Postal Service, and thereby, the public. Id. at 3-4. The Public Representative also believes that the Postal Service has provided appropriate justification for maintaining confidentiality in this case. Id. at 3.

    IV. Commission Analysis

    The Commission has reviewed the Request, the contract, the financial analysis provided under seal that accompanies it, and the comments filed by the Public Representative.

    Statutory requirements. The Commission's statutory responsibilities in this instance entail assigning Priority Mail Contract 21 to either the Market Dominant Product List or to the Competitive Product List. 39 U.S.C. 3642. As part of this responsibility, the Commission also reviews the proposal for compliance with the Postal Accountability and Enhancement Act (PAEA) requirements. This includes, for proposed competitive products, a review of the provisions applicable to rates for competitive products. 39 U.S.C. 3633.

    Product list assignment. In determining whether to assign Priority Mail Contract 21 as a product to the Market Dominant Product List or the Competitive Product List, the Commission must consider whether

    The Postal Service exercises sufficient market power that it can effectively set the price of such product substantially above costs, raise prices significantly, decrease quality, or decrease output, without risk of losing a significant level of business to other firms offering similar products.

    39 U.S.C. 3642(b)(1). If so, the product will be categorized as market dominant. The competitive category of products consists of all other products.

    The Commission is further required to consider the availability and nature of enterprises in the private sector engaged in the delivery of the product, the views of those who use the product, and the likely impact on small business concerns. 39 U.S.C. 3642(b)(3).

    The Postal Service asserts that its bargaining position is constrained by the existence of other shippers who can provide similar services, thus precluding it from taking unilateral action to increase prices without the risk of losing volume to private companies. Request, Attachment D, para. (d). The Postal Service also contends that it may not decrease quality or output without risking the loss of business to competitors that offer similar expedited delivery services. Id. It further states that the contract partner supports the addition of the contract to the Competitive Product List to effectuate the negotiated contractual terms. Id., para. (g). Finally, the Postal Service states that the market for expedited delivery services is highly competitive and requires a substantial infrastructure to support a national network. It indicates that large carriers serve this market. Accordingly, the Postal Service states that it is unaware of any small business concerns that could offer comparable service for this customer. Id., para. (h).

    No commenter opposes the proposed classification of Priority Mail Contract 21 as competitive. Having considered the statutory requirements and the support offered by the Postal Service, the Commission finds that Priority Mail Contract 21 is appropriately classified as a competitive product and should be added to the Competitive Product List.

    Cost considerations. The Postal Service presents a financial analysis showing that Priority Mail Contract 21 results in cost savings while ensuring that the contract covers its attributable costs, does not result in subsidization of competitive products by market dominant products, and increases contribution from competitive products.

    Based on the data submitted, the Commission finds that Priority Mail Contract 21 should cover its attributable costs (39 U.S.C. 3633(a)(2)), should not lead to the subsidization of competitive products by market dominant products (39 U.S.C. 3633(a)(1)), and should have a positive effect on competitive products' contribution to institutional costs (39 U.S.C. 3633(a)(3)). Thus, an initial review of proposed Priority Mail Contract 21 indicates that it comports with the provisions applicable to rates for competitive products.

    Other considerations. The Postal Service shall notify the Commission if termination occurs prior to the scheduled termination date. Following the scheduled termination date of the agreement, the Commission will remove the product from the Competitive Product List.

    In conclusion, the Commission approves Priority Mail Contract 21 as a new product. The revision to the Competitive Product List is shown below the signature of this Order and is effective upon issuance of this Order.

    V. Ordering Paragraphs

    It is ordered:

    1. Priority Mail Contract 21 (MC2010-3 and CP2010-3) is added to the Competitive Product List as a new product under Negotiated Service Agreements, Domestic.

    2. The Postal Service shall notify the Commission if termination occurs prior to the scheduled termination date.

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

    Start List of Subjects Start Printed Page 62495

    List of Subjects in 39 CFR Part 3020

    • Administrative practice and procedure; Postal Service
    End List of Subjects Start Signature

    By the Commission.

    Judith M. Grady,

    Acting Secretary.

    End Signature Start Amendment Part

    For the reasons discussed in the preamble, the Postal Regulatory Commission amends chapter III of title 39 of the Code of Federal Regulations as follows:

    End Amendment Part Start Part

    PART 3020—PRODUCT LISTS

    End Part Start Amendment Part

    1. The authority citation for part 3020 continues to read as follows:

    End Amendment Part Start Authority

    Authority: 39 U.S.C. 503; 3622; 3631; 3642; 3682.

    End Authority Start Amendment Part

    2. Revise Appendix A to Subpart A of Part 3020—Mail Classification Schedule to read as follows:

    End Amendment Part Start Appendix

    Appendix A to Subpart A of Part 3020—Mail Classification Schedule

    Part A—Market Dominant Products

    1000 Market Dominant Product List

    First-Class Mail

    Single-Piece Letters/Postcards

    Bulk Letters/Postcards

    Flats

    Parcels

    Outbound Single-Piece First-Class Mail International

    Inbound Single-Piece First-Class Mail International

    Standard Mail (Regular and Nonprofit)

    High Density and Saturation Letters

    High Density and Saturation Flats/Parcels

    Carrier Route

    Letters

    Flats

    Not Flat-Machinables (NFMs)/Parcels

    Periodicals

    Within County Periodicals

    Outside County Periodicals

    Package Services

    Single-Piece Parcel Post

    Inbound Surface Parcel Post (at UPU rates)

    Bound Printed Matter Flats

    Bound Printed Matter Parcels

    Media Mail/Library Mail

    Special Services

    Ancillary Services

    International Ancillary Services

    Address List Services

    Caller Service

    Change-of-Address Credit Card Authentication

    Confirm

    International Reply Coupon Service

    International Business Reply Mail Service

    Money Orders

    Post Office Box Service

    Negotiated Service Agreements

    HSBC North America Holdings Inc. Negotiated Service Agreement

    Bookspan Negotiated Service Agreement

    Bank of America Corporation Negotiated Service Agreement

    The Bradford Group Negotiated Service Agreement

    Inbound International

    Canada Post—United States Postal Service Contractual Bilateral Agreement for Inbound Market Dominant Services

    Market Dominant Product Descriptions

    First-Class Mail

    [Reserved for Class Description]

    Single-Piece Letters/Postcards

    [Reserved for Product Description]

    Bulk Letters/Postcards

    [Reserved for Product Description]

    Flats

    [Reserved for Product Description]

    Parcels

    [Reserved for Product Description]

    Outbound Single-Piece First-Class Mail International

    [Reserved for Product Description]

    Inbound Single-Piece First-Class Mail International

    [Reserved for Product Description]

    Standard Mail (Regular and Nonprofit)

    [Reserved for Class Description]

    High Density and Saturation Letters

    [Reserved for Product Description]

    High Density and Saturation Flats/Parcels

    [Reserved for Product Description]

    Carrier Route

    [Reserved for Product Description]

    Letters

    [Reserved for Product Description]

    Flats

    [Reserved for Product Description]

    Not Flat-Machinables (NFMs)/Parcels

    [Reserved for Product Description]

    Periodicals

    [Reserved for Class Description]

    Within County Periodicals

    [Reserved for Product Description]

    Outside County Periodicals

    [Reserved for Product Description]

    Package Services

    [Reserved for Class Description]

    Single-Piece Parcel Post

    [Reserved for Product Description]

    Inbound Surface Parcel Post (at UPU rates)

    [Reserved for Product Description]

    Bound Printed Matter Flats

    [Reserved for Product Description]

    Bound Printed Matter Parcels

    [Reserved for Product Description]

    Media Mail/Library Mail

    [Reserved for Product Description]

    Special Services

    [Reserved for Class Description]

    Ancillary Services

    [Reserved for Product Description]

    Address Correction Service

    [Reserved for Product Description]

    Applications and Mailing Permits

    [Reserved for Product Description]

    Business Reply Mail

    [Reserved for Product Description]

    Bulk Parcel Return Service

    [Reserved for Product Description]

    Certified Mail

    [Reserved for Product Description]

    Certificate of Mailing

    [Reserved for Product Description]

    Collect on Delivery

    [Reserved for Product Description]

    Delivery Confirmation

    [Reserved for Product Description]

    Insurance

    [Reserved for Product Description]

    Merchandise Return Service

    [Reserved for Product Description]

    Parcel Airlift (PAL)

    [Reserved for Product Description]

    Registered Mail

    [Reserved for Product Description]

    Return Receipt

    [Reserved for Product Description]

    Return Receipt for Merchandise

    [Reserved for Product Description]

    Restricted Delivery

    [Reserved for Product Description]

    Shipper-Paid Forwarding

    [Reserved for Product Description]

    Signature Confirmation

    [Reserved for Product Description]

    Special Handling

    [Reserved for Product Description]

    Stamped Envelopes

    [Reserved for Product Description]

    Stamped Cards

    [Reserved for Product Description]

    Premium Stamped Stationery

    [Reserved for Product Description]

    Premium Stamped Cards

    [Reserved for Product Description]

    International Ancillary Services

    [Reserved for Product Description]

    International Certificate of Mailing

    [Reserved for Product Description]

    International Registered Mail

    [Reserved for Product Description]

    International Return Receipt

    [Reserved for Product Description]

    International Restricted Delivery

    [Reserved for Product Description]

    Address List Services

    [Reserved for Product Description]

    Caller Service

    [Reserved for Product Description]

    Change-of-Address Credit Card Authentication

    [Reserved for Product Description]

    Confirm

    [Reserved for Product Description]

    International Reply Coupon Service

    [Reserved for Product Description]

    International Business Reply Mail Service

    [Reserved for Product Description]

    Money Orders

    [Reserved for Product Description]

    Post Office Box Service

    [Reserved for Product Description]

    Negotiated Service Agreements

    [Reserved for Class Description]

    HSBC North America Holdings Inc. Negotiated Service Agreement

    [Reserved for Product Description]

    Bookspan Negotiated Service Agreement

    [Reserved for Product Description]

    Bank of America Corporation Negotiated Service Agreement

    The Bradford Group Negotiated Service Agreement

    Part B—Competitive Products

    2000 Competitive Product List

    Express Mail

    Express Mail

    Outbound International Expedited Services

    Inbound International Expedited Services

    Inbound International Expedited Services 1 (CP2008-7)

    Inbound International Expedited Services 2 (MC2009-10 and CP2009-12)

    Priority Mail

    Priority MailStart Printed Page 62496

    Outbound Priority Mail International

    Inbound Air Parcel Post

    Royal Mail Group Inbound Air Parcel Post Agreement

    Parcel Select

    Parcel Return Service

    International

    International Priority Airlift (IPA)

    International Surface Airlift (ISAL)

    International Direct Sacks—M-Bags

    Global Customized Shipping Services

    Inbound Surface Parcel Post (at non-UPU rates)

    Canada Post—United States Postal service Contractual Bilateral

    Agreement for Inbound Competitive Services (MC2009-8 and CP2009-9)

    International Money Transfer Service

    International Ancillary Services

    Special Services

    Premium Forwarding Service

    Negotiated Service Agreements

    Domestic

    Express Mail Contract 1 (MC2008-5)

    Express Mail Contract 2 (MC2009-3 and CP2009-4)

    Express Mail Contract 3 (MC2009-15 and CP2009-21)

    Express Mail Contract 4 (MC2009-34 and CP2009-45)

    Express Mail & Priority Mail Contract 1 (MC2009-6 and CP2009-7)

    Express Mail & Priority Mail Contract 2 (MC2009-12 and CP2009-14)

    Express Mail & Priority Mail Contract 3 (MC2009-13 and CP2009-17)

    Express Mail & Priority Mail Contract 4 (MC2009-17 and CP2009-24)

    Express Mail & Priority Mail Contract 5 (MC2009-18 and CP2009-25)

    Express Mail & Priority Mail Contract 6 (MC2009-31 and CP2009-42)

    Express Mail & Priority Mail Contract 7 (MC2009-32 and CP2009-43)

    Express Mail & Priority Mail Contract 8 (MC2009-33 and CP2009-44)

    Parcel Select & Parcel Return Service Contract 1 (MC2009-11 and CP2009-13)

    Parcel Select & Parcel Return Service Contract 2 (MC2009-40 and CP2009-61)

    Parcel Return Service Contract 1 (MC2009-1 and CP2009-2)

    Priority Mail Contract 1 (MC2008-8 and CP2008-26)

    Priority Mail Contract 2 (MC2009-2 and CP2009-3)

    Priority Mail Contract 3 (MC2009-4 and CP2009-5)

    Priority Mail Contract 4 (MC2009-5 and CP2009-6)

    Priority Mail Contract 5 (MC2009-21 and CP2009-26)

    Priority Mail Contract 6 (MC2009-25 and CP2009-30)

    Priority Mail Contract 7 (MC2009-25 and CP2009-31)

    Priority Mail Contract 8 (MC2009-25 and CP2009-32)

    Priority Mail Contract 9 (MC2009-25 and CP2009-33)

    Priority Mail Contract 10 (MC2009-25 and CP2009-34)

    Priority Mail Contract 11 (MC2009-27 and CP2009-37)

    Priority Mail Contract 12 (MC2009-28 and CP2009-38)

    Priority Mail Contract 13 (MC2009-29 and CP2009-39)

    Priority Mail Contract 14 (MC2009-30 and CP2009-40)

    Priority Mail Contract 15 (MC2009-35 and CP2009-54)

    Priority Mail Contract 16 (MC2009-36 and CP2009-55)

    Priority Mail Contract 17 (MC2009-37 and CP2009-56)

    Priority Mail Contract 18 (MC2009-42 and CP2009-63)

    Priority Mail Contract 19 (MC2010-1 and CP2010-1)

    Priority Mail Contract 20 (MC2010-2 and CP2010-2)

    Priority Mail Contract 21 (MC2010-3 and CP2010-3)

    Outbound International

    Direct Entry Parcels Contracts Direct Entry Parcels 1 (MC2009-26 and CP2009-36)

    Global Direct Contracts (MC2009-9, CP2009-10, and CP2009-11)

    Global Expedited Package Services (GEPS) Contracts

    GEPS 1 (CP2008-5, CP2008-11, CP2008-12, and CP2008-13, CP2008-18, CP2008-19, CP2008-20, CP2008-21, CP2008-22, CP2008-23, and CP2008-24)

    Global Expedited Package Services 2 (CP2009-50)

    Global Plus Contracts

    Global Plus 1 (CP2008-8, CP2008-46 and CP2009-47)

    Global Plus 2 (MC2008-7, CP2008-48 and CP2008-49)

    Inbound International

    Inbound Direct Entry Contracts with Foreign Postal Administrations

    Inbound Direct Entry Contracts with Foreign Postal Administrations (MC2008-6, CP2008-14 and MC2008-15)

    Inbound Direct Entry Contracts with Foreign Postal Administrations 1 (MC2008-6 and CP2009-62)

    International Business Reply Service Competitive Contract 1 (MC2009-14 and CP2009-20)

    Competitive Product Descriptions

    Express Mail

    [Reserved for Group Description]

    Express Mail

    [Reserved for Product Description]

    Outbound International Expedited Services

    [Reserved for Product Description]

    Inbound International Expedited Services

    [Reserved for Product Description]

    Priority

    [Reserved for Product Description]

    Priority Mail

    [Reserved for Product Description]

    Outbound Priority Mail International

    [Reserved for Product Description]

    Inbound Air Parcel Post

    [Reserved for Product Description]

    Parcel Select

    [Reserved for Group Description]

    Parcel Return Service

    [Reserved for Group Description]

    International

    [Reserved for Group Description]

    International Priority Airlift (IPA)

    [Reserved for Product Description]

    International Surface Airlift (ISAL)

    [Reserved for Product Description]

    International Direct Sacks—M-Bags

    [Reserved for Product Description]

    Global Customized Shipping Services

    [Reserved for Product Description]

    International Money Transfer Service

    [Reserved for Product Description]

    Inbound Surface Parcel Post (at non-UPU rates)

    [Reserved for Product Description]

    International Ancillary Services

    [Reserved for Product Description]

    International Certificate of Mailing

    [Reserved for Product Description]

    International Registered Mail

    [Reserved for Product Description]

    International Return Receipt

    [Reserved for Product Description]

    International Restricted Delivery

    [Reserved for Product Description]

    International Insurance

    [Reserved for Product Description]

    Negotiated Service Agreements

    [Reserved for Group Description]

    Domestic

    [Reserved for Product Description]

    Outbound International

    [Reserved for Group Description]

    Part C—Glossary of Terms and Conditions [Reserved]

    Part D—Country Price Lists for International Mail [Reserved]

    End Appendix End Supplemental Information

    Footnotes

    1.  Request of the United States Postal Service to Add Priority Mail Contract 21 to Competitive Product List and Notice of Filing (Under Seal) of Contract and Supporting Data, October 14, 2009 (Request).

    Back to Citation

    2.  Attachment A to the Request, reflecting Governors' Decision No. 09-6, April 27, 2009.

    Back to Citation

    3.  Attachment B to the Request.

    Back to Citation

    4.  Attachment C to the Request.

    Back to Citation

    5.  Attachment D to the Request.

    Back to Citation

    6.  Attachment E to the Request.

    Back to Citation

    7.  Attachment F to the Request.

    Back to Citation

    8.  In its application for non-public treatment, the Postal Service requests an indefinite extension of non-public treatment of customer-identifying information. Id. at 7. For the reasons discussed in PRC Order No. 323, that request is denied. See Docket No. MC2010-1 and CP2010-1, Order Concerning Priority Mail Contract 19 Negotiated Service Agreement, October 26, 2009.

    Back to Citation

    9.  PRC Order No. 316, Notice and Order Concerning Priority Mail Contract 21 Negotiated Service Agreement, October 16, 2009 (Order No. 316).

    Back to Citation

    10.  Public Representative Comments in Response to United States Postal Service Request to Add Priority Mail Contract 21 Negotiated Service Agreement to the Competitive Products List, October 26, 2009 (Public Representative Comments).

    Back to Citation

    [FR Doc. E9-28506 Filed 11-27-09; 8:45 am]

    BILLING CODE 7710-FW-P

Document Information

Comments Received:
0 Comments
Effective Date:
11/30/2009
Published:
11/30/2009
Department:
Postal Regulatory Commission
Entry Type:
Rule
Action:
Final rule.
Document Number:
E9-28506
Dates:
Effective November 30, 2009 and is applicable beginning October 28, 2009.
Pages:
62493-62496 (4 pages)
Docket Numbers:
Docket Nos. MC2010-3 and CP2010-3, Order No. 325
Topics:
Administrative practice and procedure, Postal Service
PDF File:
e9-28506.pdf
CFR: (1)
39 CFR 3020