[Federal Register: December 28, 2007 (Volume 72, Number 248)]
[Notices]
[Page 73909]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de07-178]
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POSTAL REGULATORY COMMISSION
[Docket No. MC2008-1; Order No. 50]
Notice
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is establishing a docket to develop a record
which will allow it to meet statutory requirements pertaining to a
review of nonpostal services. It solicits comments from the Postal
Service and others to assist in this task.
DATES: Initial briefs due June 18, 2008; reply briefs due July 2, 2008.
See Supplementary Information section for additional dates.
ADDRESSES: Submit comments electronically via the Commission's Filing
Online system at http://www.prc.gov.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
202-789-6820 and stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION: The Postal Accountability and Enhancement
Act (PAEA), Public Law No. 109-435, 120 Stat. 3198 (December 20, 2006),
amends the Postal Reorganization Act, 39 U.S.C. 101, et seq., by, among
other things, limiting the Postal Service's authority to provide
nonpostal services to those it offered as of January 1, 2006. 39 U.S.C.
404(e)(2). The term ``nonpostal service'' is defined in section
404(e)(1) as ``any service that is not a postal service defined under
section 102(5)[,]'' which defines the term ``postal service'' to mean
``the delivery of letters, printed matter, or mailable packages,
including acceptance, collection, sorting, transportation, or other
functions ancillary thereto[.]'' Id. at Sec. 102(5).
Section 404(e)(3) directs the Commission to review each nonpostal
service offered by the Postal Service on the date of the PAEA's
enactment, December 20, 2006, within two years of that date. The
purpose of the review is to determine which nonpostal services should
continue, taking into account the public need for the service and the
private sector's ability to meet that need. Any nonpostal service that
the Commission concludes should not continue shall terminate. Section
404(e)(4). Finally, for any nonpostal service that it concludes should
continue, the Commission ``shall designate whether the service shall be
regulated under this title as a market dominant product, a competitive
product, or an experimental product.'' Section 404(e)(5).
The Commission is initiating this docket to fulfill its
responsibilities under section 404(e).\1\ To develop a record on which
to base its findings, the Commission adopts the following procedural
schedule:
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\1\ As a result of this proceeding, the Commission will classify
nonpostal services it determines should continue as either market
dominant, competitive, or experimental products and will include
those services in the Mail Classification Schedule. See 39 CFR
3020.13. Section 3642 of title 39 provides for adding to, removing
from, or transferring products between the lists. Accordingly,
because this proceeding has potential Mail Classification Schedule
implications, the Commission is adopting the MC docket designation.
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1. By no later than March 19, 2008, the Postal Service shall, in
the form of a sworn statement, identify and provide a complete
description of each nonpostal service offered by the Postal Service on
the date of enactment of the PAEA.\2\ The description shall include the
current status of each nonpostal service and the Postal Service's
proposed classification of each such service, i.e., as a market
dominant, competitive, or experimental product. The foregoing shall be
accompanied by a sworn statement from a knowledgeable person (or
persons) addressing the public need for each service and such other
matters, if any, the Postal Service deems relevant (collectively,
Postal Service statement).
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\2\ If the services identified differ from the nonpostal
services offered as of January 1, 2006, the Postal Service shall
identify those services no longer offered, provide a brief
description of such services, and indicate their current status.
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2. By no later than April 30, 2008, any interested person (party)
may respond to the Postal Service statement by submitting a sworn
statement from a knowledgeable person (or persons) addressing, at a
minimum, the ability of the private sector to meet the public need for
any nonpostal service that the party asserts should not be offered by
the Postal Service (party's statement). A party may also address such
other matters, if any, the party deems relevant.
3. By no later than May 21, 2008, the Postal Service and any
interested person may submit a reply to any party's statement. Such
reply shall be in the form of a sworn statement by a knowledgeable
person (or persons).\3\
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\3\ Any party, including the Postal Service, may submit legal
memoranda on matters at issue at any time prior to May 21, 2008.
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4. Initial briefs are due no later than June 18, 2008. Reply briefs
may be filed and are due no later than July 2, 2008.
Section 505 of title 39 requires the designation of an officer of
the Commission in all public proceedings to represent the interests of
the general public. The Commission hereby designates Robert Sidman to
serve as the public representative, representing the interests of the
general public. Pursuant to this designation, he will direct the
activities of Commission personnel assigned to assist him and, will,
upon request, provide their names for the record. Neither Mr. Sidman
nor any of the assigned personnel will participate in or provide advice
on any Commission decision in this proceeding.
It Is Ordered
1. Docket No. MC2008-1 is established for the purpose of developing
a record concerning nonpostal services offered by the Postal Service.
2. The procedural schedule set forth in the body of this order is
adopted.
3. Robert Sidman is designated as the public representative,
representing the interests of the general public in this proceeding.
4. The Secretary shall arrange for publication of this notice and
order in the Federal Register.
(Authority: 39 U.S.C. 404.)
By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E7-25243 Filed 12-27-07; 8:45 am]
BILLING CODE 7710-FW-P