Daily Rules, Proposed Rules, and Notices of the Federal Government
Rates under the Agreement are intended to take effect January 1, 2013 following expiration of rates in the existing TNT Agreement.
The Postal Service identifies January 1, 2013 as the effective date; asserts that the requisite 45 days' advance notice is being provided; and identifies a Postal Service official as a contact for further information.
The Postal Service states that workpapers filed with the Commission under seal provide information about expected financial improvements, costs, volumes, and revenues.
The Postal Service cites several reasons why the Agreement will not result in unreasonable harm to the marketplace. These include, among others, PostNL's dominant position in the market for Letter Post originating in its home country; Private Express Statutes (in the United States) that generally prohibit entities other than the Postal Service from carrying inbound international letters commercially after entry at a United States port, at least below certain price and weight thresholds; and the parties' status as their respective countries' designated operators for the exchange of mail, including Letter Post, under rules set by the Universal Postal Union.
The Postal Service acknowledges the existence of differences that distinguish the Agreement from previous agreements; uses the TNT Agreement as a basis for comparison for identifying new and revised elements; and briefly describes the nature of the changes.
The Commission, in conformance with rule 3010.44, hereby establishes Docket No. R2013-4 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 a blanket exception from performance reporting requirements in 39 CFR 3055.3(a)(3) for all future contracts added to the Inbound Market-Dominant Multi-Service Agreements with Foreign Postal Operators 1 (Docket Nos.
Comments are due no later than November 29, 2012.
The public portions of the Postal Service's filing have been posted on the Commission's Web site. They can be accessed at
The Commission appoints James F. Callow to serve as Public Representative in this docket.
It is ordered:
1. The Commission establishes Docket No. R2013-4 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
By the Commission.