80_FR_81629 80 FR 81380 - International Mail Contract

80 FR 81380 - International Mail Contract

POSTAL REGULATORY COMMISSION

Federal Register Volume 80, Issue 249 (December 29, 2015)

Page Range81380-81381
FR Document2015-32712

The Commission is noticing a recent Postal Service filing concerning a Type 2 rate adjustment and the filing of a related negotiated service agreement with Canada Post. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

Federal Register, Volume 80 Issue 249 (Tuesday, December 29, 2015)
[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Notices]
[Pages 81380-81381]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32712]


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POSTAL REGULATORY COMMISSION

[Docket No. R2016-4; Order No. 2918]


International Mail Contract

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recent Postal Service filing 
concerning a Type 2 rate adjustment and the filing of a related 
negotiated service agreement with Canada Post. This notice informs the 
public of the filing, invites public comment, and takes other 
administrative steps.

DATES: Comments are due: January 5, 2016.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://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: David A. Trissell, 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 December 17, 2015, the Postal Service filed a notice, pursuant 
to 39 CFR 3010.40 et seq., announcing a Type 2 Rate Adjustment to 
improve default rates established under the Universal Postal Union 
(UPU) Acts.\1\ The Notice concerns the Canada Post 2016 Agreement 
(Agreement),\2\ the inbound portion of a bilateral agreement with 
Canada Post Corporation (``Canada Post'' or ``CPC'') that the Postal 
Service contends is functionally equivalent to the baseline agreement 
with Koninklijke TNT Post B.V and TNT Post Pakketservice Benelux B.V. 
(``TNT Post''), (``the TNT Agreement'').\3\ The TNT Agreement is the 
baseline agreement that the Commission included within the Inbound 
Market Dominant Multi-Service Agreements with Foreign Postal Operators 
1 product on the market dominant product list of the Mail 
Classification Schedule. Id.
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    \1\ Notice of United States Postal Service of Type 2 Rate 
Adjustment, and Notice of Filing Functionally Equivalent Agreement, 
December 17, 2015, at 1 (Notice).
    \2\ The Agreement replaces the Canada Post 2014 Agreement 
reviewed by the Commission in PRC Docket No. R2014-3. Docket No. 
R2014-3, Order No. 1940, Order Approving an Additional Inbound 
Market Dominant Multi-Service Agreement with Foreign Postal 
Operators 1 Negotiated Service Agreement (with Canada Post 
Corporation), December 31, 2013.
    \3\ See Docket Nos. MC2010-35, R2010-5, and R2010-6, Order No. 
549, Order Adding Inbound Market Dominant Multi-Service Agreements 
with Foreign Postal Operators 1 to the Market Dominant Product List 
and Approving Included Agreements, September 30, 2010.
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II. Contents of Filing

    The Postal Service's filing consists of the Notice, two 
attachments, and redacted and unredacted versions of an Excel file with 
supporting financial workpapers. Notice at 2. Attachment 1 is an 
application for non-public treatment of materials filed under seal with 
the Commission. Id. Attachment 2 is a redacted copy of the Agreement. 
Id. On December 22, 2015, the Postal Service filed a signed version of 
the agreement.\4\
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    \4\ See Docket Nos. CP2016-57 and R2016-4, Notice of United 
States Postal Service of Filing Executed Agreement, December 22, 
2015.
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    The Agreement is the successor agreement to one previously found to 
be functionally equivalent to the baseline agreement in the Inbound 
Market Dominant Multi-Service Agreement with Foreign Postal Operators 1 
(MC2010-35) product.\5\ The Agreement provides that the effective date 
is February 1, 2016 for market dominant products. Notice, Attachment 2 
at 8.
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    \5\ See Order No. 549, see also Order No. 1940.
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    The Postal Service asserts that it is providing at least the 45 
days advance notice required under 39 CFR 3010.41; and identifies the 
parties to the Agreement as the United States Postal Service and Canada 
Post, the designated postal operator for handling letter-post 
originating in Canada. Notice at 3, 6. The Postal Service further 
asserts that the Agreement is intended to remain in effect until 
December 31, 2017. Id. at 4.
    The Postal Service states that the Agreement includes negotiated 
pricing and settlement for various inbound letter-post products, 
including registered mail, small packets with delivery confirmation, 
and International Business Reply Service (IBRS). Id.
    Reporting requirements. 39 CFR 3010.43 requires the Postal Service 
to submit a detailed data collection plan. In lieu of a special data 
collection plan for the Agreement, the Postal Service proposes to 
report information on the Agreement through the Annual Compliance 
Report. Id. at 8. The Postal Service also invokes, with respect to 
service performance measurement reporting under 39 CFR 3055.3(a)(3), 
the standing exception in Order No. 996 for all agreements filed in the 
Inbound Market Dominant Multi-Service Agreements with Foreign Postal 
Operators 1 product grouping.\6\
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    \6\ Id., citing Docket No. R2012-2, Order Concerning an 
Additional Inbound Market Dominant Multi-Service Agreement with 
Foreign Postal Operators 1 Negotiated Service Agreement, November 
23, 2011, at 7 (Order No. 996).
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    Consistency with applicable statutory criteria. The Postal Service 
observes that Commission review of a negotiated service agreement 
addresses three statutory criteria under 39 U.S.C. 3622(c)(10) as 
codified in 39 CFR 3010.40. These are 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. Notice at 8. The Postal 
Service asserts that it addresses the first two criteria in its Notice 
and that the third criterion is inapplicable, as there are no entities 
similarly situated to Canada Post in terms of its ability to tender 
broad-based small packet flows from Canada or serve as a designated 
operator for letter-post originating in Canada. Id. at 8-9.
    Functional equivalence. The Postal Service addresses reasons why it 
considers the Agreement functionally equivalent to the baseline TNT 
Agreement and requests that the Agreement be added to the market 
dominant product list within the Inbound Market Dominant Multi-

[[Page 81381]]

Service Agreements with Foreign Postal Operators 1 product. Id. at 9-
10, 13. The Postal Service identifies differences between the Agreement 
and the TNT Agreement, but asserts that these differences do not 
detract from the conclusion that the Agreement is functionally 
equivalent to the TNT Agreement. Id. at 10-13.

III. Commission Action

    The Commission, in conformance with rule 3010.44, establishes 
Docket No. R2016-4 to consider issues raised in the Notice. The 
Commission invites comments from interested persons on whether the 
Agreement is consistent with 39 U.S.C. 3622 and the requirements of 39 
CFR part 3010. Comments are due no later than January 5, 2016. The 
public portions of this filing can be accessed via the Commission's Web 
site (http://www.prc.gov). Information on how to obtain access to non-
public material appears in 39 CFR part 3007.
    The Commission appoints Nina Yeh to represent the interests of the 
general public (Public Representative) in this docket.

IV. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. R2016-4 for consideration 
of matters raised by the Postal Service's Notice.
    2. Pursuant to 39 U.S.C. 505, Nina Yeh 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 January 5, 2016.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Stacy L. Ruble,
Secretary.
[FR Doc. 2015-32712 Filed 12-28-15; 8:45 am]
 BILLING CODE 7710-FW-P



                                                    81380                      Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices

                                                    accessed via the Commission’s Web site                  I. Introduction                                       notice required under 39 CFR 3010.41;
                                                    (http://www.prc.gov).                                      On December 17, 2015, the Postal                   and identifies the parties to the
                                                      The Commission appoints Kenneth R.                    Service filed a notice, pursuant to 39                Agreement as the United States Postal
                                                    Moeller to serve as Public                              CFR 3010.40 et seq., announcing a Type                Service and Canada Post, the designated
                                                    Representative in these dockets.                        2 Rate Adjustment to improve default                  postal operator for handling letter-post
                                                                                                            rates established under the Universal                 originating in Canada. Notice at 3, 6.
                                                    III. Ordering Paragraphs                                                                                      The Postal Service further asserts that
                                                                                                            Postal Union (UPU) Acts.1 The Notice
                                                      It is ordered:                                        concerns the Canada Post 2016                         the Agreement is intended to remain in
                                                      1. The Commission establishes Docket                  Agreement (Agreement),2 the inbound                   effect until December 31, 2017. Id. at 4.
                                                    Nos. MC2016–48 and CP2016–63 to                         portion of a bilateral agreement with                    The Postal Service states that the
                                                    consider the matters raised in each                     Canada Post Corporation (‘‘Canada                     Agreement includes negotiated pricing
                                                    docket.                                                 Post’’ or ‘‘CPC’’) that the Postal Service            and settlement for various inbound
                                                      2. Pursuant to 39 U.S.C. 505, Kenneth                 contends is functionally equivalent to                letter-post products, including
                                                    R. Moeller is appointed to serve as an                  the baseline agreement with Koninklijke               registered mail, small packets with
                                                    officer of the Commission to represent                  TNT Post B.V and TNT Post                             delivery confirmation, and International
                                                    the interests of the general public in                  Pakketservice Benelux B.V. (‘‘TNT                     Business Reply Service (IBRS). Id.
                                                    these proceedings (Public                                                                                        Reporting requirements. 39 CFR
                                                                                                            Post’’), (‘‘the TNT Agreement’’).3 The
                                                    Representative).                                                                                              3010.43 requires the Postal Service to
                                                                                                            TNT Agreement is the baseline
                                                      3. Comments are due no later than                                                                           submit a detailed data collection plan.
                                                                                                            agreement that the Commission
                                                    January 4, 2016.                                                                                              In lieu of a special data collection plan
                                                                                                            included within the Inbound Market
                                                      4. The Secretary shall arrange for                                                                          for the Agreement, the Postal Service
                                                                                                            Dominant Multi-Service Agreements
                                                    publication of this order in the Federal                                                                      proposes to report information on the
                                                                                                            with Foreign Postal Operators 1 product
                                                    Register.                                                                                                     Agreement through the Annual
                                                                                                            on the market dominant product list of
                                                                                                                                                                  Compliance Report. Id. at 8. The Postal
                                                      By the Commission.                                    the Mail Classification Schedule. Id.
                                                                                                                                                                  Service also invokes, with respect to
                                                    Stacy L. Ruble,                                         II. Contents of Filing                                service performance measurement
                                                    Secretary.                                                                                                    reporting under 39 CFR 3055.3(a)(3), the
                                                                                                               The Postal Service’s filing consists of
                                                    [FR Doc. 2015–32711 Filed 12–28–15; 8:45 am]
                                                                                                            the Notice, two attachments, and                      standing exception in Order No. 996 for
                                                    BILLING CODE 7710–FW–P                                  redacted and unredacted versions of an                all agreements filed in the Inbound
                                                                                                            Excel file with supporting financial                  Market Dominant Multi-Service
                                                                                                            workpapers. Notice at 2. Attachment 1                 Agreements with Foreign Postal
                                                    POSTAL REGULATORY COMMISSION                            is an application for non-public                      Operators 1 product grouping.6
                                                                                                            treatment of materials filed under seal                  Consistency with applicable statutory
                                                    [Docket No. R2016–4; Order No. 2918]                                                                          criteria. The Postal Service observes that
                                                                                                            with the Commission. Id. Attachment 2
                                                    International Mail Contract                             is a redacted copy of the Agreement. Id.              Commission review of a negotiated
                                                                                                            On December 22, 2015, the Postal                      service agreement addresses three
                                                    AGENCY:   Postal Regulatory Commission.                 Service filed a signed version of the                 statutory criteria under 39 U.S.C.
                                                    ACTION:   Notice.                                       agreement.4                                           3622(c)(10) as codified in 39 CFR
                                                                                                               The Agreement is the successor                     3010.40. These are whether the
                                                    SUMMARY:   The Commission is noticing a                 agreement to one previously found to be               agreement: (1) Improves the Postal
                                                    recent Postal Service filing concerning a               functionally equivalent to the baseline               Service’s net financial position or
                                                    Type 2 rate adjustment and the filing of                agreement in the Inbound Market                       enhances the performance of
                                                    a related negotiated service agreement                  Dominant Multi-Service Agreement                      operational functions; (2) will not cause
                                                    with Canada Post. This notice informs                   with Foreign Postal Operators 1                       unreasonable harm to the marketplace;
                                                    the public of the filing, invites public                (MC2010–35) product.5 The Agreement                   and (3) will be available on public and
                                                    comment, and takes other                                provides that the effective date is                   reasonable terms to similarly situated
                                                    administrative steps.                                   February 1, 2016 for market dominant                  mailers. Notice at 8. The Postal Service
                                                    DATES: Comments are due: January 5,                     products. Notice, Attachment 2 at 8.                  asserts that it addresses the first two
                                                    2016.                                                      The Postal Service asserts that it is              criteria in its Notice and that the third
                                                                                                            providing at least the 45 days advance                criterion is inapplicable, as there are no
                                                    ADDRESSES:   Submit comments                                                                                  entities similarly situated to Canada
                                                    electronically via the Commission’s                       1 Notice of United States Postal Service of Type    Post in terms of its ability to tender
                                                    Filing Online system at http://                         2 Rate Adjustment, and Notice of Filing               broad-based small packet flows from
                                                    www.prc.gov. Those who cannot submit                    Functionally Equivalent Agreement, December 17,       Canada or serve as a designated operator
                                                    comments electronically should contact                  2015, at 1 (Notice).
                                                                                                              2 The Agreement replaces the Canada Post 2014       for letter-post originating in Canada. Id.
                                                    the person identified in the FOR FURTHER                Agreement reviewed by the Commission in PRC           at 8–9.
                                                    INFORMATION CONTACT section by                          Docket No. R2014–3. Docket No. R2014–3, Order            Functional equivalence. The Postal
                                                    telephone for advice on filing                          No. 1940, Order Approving an Additional Inbound       Service addresses reasons why it
                                                    alternatives.                                           Market Dominant Multi-Service Agreement with
                                                                                                            Foreign Postal Operators 1 Negotiated Service
                                                                                                                                                                  considers the Agreement functionally
                                                    FOR FURTHER INFORMATION CONTACT:                        Agreement (with Canada Post Corporation),             equivalent to the baseline TNT
                                                                                                            December 31, 2013.                                    Agreement and requests that the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    David A. Trissell, General Counsel, at
                                                    202–789–6820.
                                                                                                              3 See Docket Nos. MC2010–35, R2010–5, and
                                                                                                                                                                  Agreement be added to the market
                                                                                                            R2010–6, Order No. 549, Order Adding Inbound          dominant product list within the
                                                    SUPPLEMENTARY INFORMATION:                              Market Dominant Multi-Service Agreements with
                                                                                                            Foreign Postal Operators 1 to the Market Dominant     Inbound Market Dominant Multi-
                                                    Table of Contents                                       Product List and Approving Included Agreements,
                                                                                                            September 30, 2010.                                     6 Id., citing Docket No. R2012–2, Order
                                                    I. Introduction                                           4 See Docket Nos. CP2016–57 and R2016–4,
                                                                                                                                                                  Concerning an Additional Inbound Market
                                                    II. Contents of Filing                                  Notice of United States Postal Service of Filing      Dominant Multi-Service Agreement with Foreign
                                                    III. Commission Action                                  Executed Agreement, December 22, 2015.                Postal Operators 1 Negotiated Service Agreement,
                                                    IV. Ordering Paragraphs                                   5 See Order No. 549, see also Order No. 1940.       November 23, 2011, at 7 (Order No. 996).



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                                                                               Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices                                                81381

                                                    Service Agreements with Foreign Postal                  notice informs the public of the filing,              accessed via the Commission’s Web site
                                                    Operators 1 product. Id. at 9–10, 13. The               invites public comment, and takes other               (http://www.prc.gov).
                                                    Postal Service identifies differences                   administrative steps.                                   The Commission appoints Curtis E.
                                                    between the Agreement and the TNT                       DATES: Comments are due: January 4,                   Kidd to serve as Public Representative
                                                    Agreement, but asserts that these                       2016.                                                 in these dockets.
                                                    differences do not detract from the                     ADDRESSES: Submit comments                            III. Ordering Paragraphs
                                                    conclusion that the Agreement is                        electronically via the Commission’s
                                                    functionally equivalent to the TNT                                                                              It is ordered:
                                                                                                            Filing Online system at http://
                                                    Agreement. Id. at 10–13.                                                                                        1. The Commission establishes Docket
                                                                                                            www.prc.gov. Those who cannot submit
                                                                                                                                                                  Nos. MC2016–47 and CP2016–62 to
                                                    III. Commission Action                                  comments electronically should contact
                                                                                                                                                                  consider the matters raised in each
                                                       The Commission, in conformance                       the person identified in the FOR FURTHER
                                                                                                                                                                  docket.
                                                                                                            INFORMATION CONTACT section by
                                                    with rule 3010.44, establishes Docket                                                                           2. Pursuant to 39 U.S.C. 505, Curtis E.
                                                    No. R2016–4 to consider issues raised in                telephone for advice on filing
                                                                                                                                                                  Kidd is appointed to serve as an officer
                                                    the Notice. The Commission invites                      alternatives.
                                                                                                                                                                  of the Commission to represent the
                                                    comments from interested persons on                     FOR FURTHER INFORMATION CONTACT:                      interests of the general public in these
                                                    whether the Agreement is consistent                     David A. Trissell, General Counsel, at                proceedings (Public Representative).
                                                    with 39 U.S.C. 3622 and the                             202–789–6820.                                           3. Comments are due no later than
                                                    requirements of 39 CFR part 3010.                       SUPPLEMENTARY INFORMATION:                            January 4, 2016.
                                                    Comments are due no later than January                                                                          4. The Secretary shall arrange for
                                                    5, 2016. The public portions of this                    Table of Contents
                                                                                                                                                                  publication of this order in the Federal
                                                    filing can be accessed via the                          I. Introduction                                       Register.
                                                    Commission’s Web site (http://                          II. Notice of Commission Action
                                                                                                                                                                    By the Commission.
                                                    www.prc.gov). Information on how to                     III. Ordering Paragraphs
                                                                                                                                                                  Stacy L. Ruble,
                                                    obtain access to non-public material                    I. Introduction                                       Secretary.
                                                    appears in 39 CFR part 3007.
                                                       The Commission appoints Nina Yeh                        In accordance with 39 U.S.C. 3642                  [FR Doc. 2015–32710 Filed 12–28–15; 8:45 am]
                                                    to represent the interests of the general               and 39 CFR 3020.30 et seq., the Postal                BILLING CODE 7710–FW–P
                                                    public (Public Representative) in this                  Service filed a formal request and
                                                    docket.                                                 associated supporting information to
                                                                                                            add Priority Mail Contract 170 to the                 RAILROAD RETIREMENT BOARD
                                                    IV. Ordering Paragraphs                                 competitive product list.1
                                                      It is ordered:                                           The Postal Service                                 Proposed Collection; Comment
                                                      1. The Commission establishes Docket                  contemporaneously filed a redacted                    Request
                                                    No. R2016–4 for consideration of                        contract related to the proposed new
                                                    matters raised by the Postal Service’s                  product under 39 U.S.C. 3632(b)(3) and                SUMMARY:    In accordance with the
                                                    Notice.                                                 39 CFR 3015.5. Request, Attachment B.                 requirement of Section 3506(c)(2)(A) of
                                                      2. Pursuant to 39 U.S.C. 505, Nina                       To support its Request, the Postal                 the Paperwork Reduction Act of 1995
                                                    Yeh is appointed to serve as an officer                 Service filed a copy of the contract, a               which provides opportunity for public
                                                    of the Commission (Public                               copy of the Governors’ Decision                       comment on new or revised data
                                                    Representative) to represent the                        authorizing the product, proposed                     collections, the Railroad Retirement
                                                    interests of the general public in this                 changes to the Mail Classification                    Board (RRB) will publish periodic
                                                    proceeding.                                             Schedule, a Statement of Supporting                   summaries of proposed data collections.
                                                      3. Comments by interested persons in                  Justification, a certification of                       Comments are invited on: (a) Whether
                                                    this proceeding are due no later than                   compliance with 39 U.S.C. 3633(a), and                the proposed information collection is
                                                    January 5, 2016.                                        an application for non-public treatment               necessary for the proper performance of
                                                      4. The Secretary shall arrange for                    of certain materials. It also filed                   the functions of the agency, including
                                                    publication of this order in the Federal                supporting financial workpapers.                      whether the information has practical
                                                    Register.                                                                                                     utility; (b) the accuracy of the RRB’s
                                                                                                            II. Notice of Commission Action                       estimate of the burden of the collection
                                                      By the Commission.
                                                                                                               The Commission establishes Docket                  of the information; (c) ways to enhance
                                                    Stacy L. Ruble,
                                                                                                            Nos. MC2016–47 and CP2016–62 to                       the quality, utility, and clarity of the
                                                    Secretary.                                              consider the Request pertaining to the                information to be collected; and (d)
                                                    [FR Doc. 2015–32712 Filed 12–28–15; 8:45 am]            proposed Priority Mail Contract 170                   ways to minimize the burden related to
                                                    BILLING CODE 7710–FW–P                                  product and the related contract,                     the collection of information on
                                                                                                            respectively.                                         respondents, including the use of
                                                                                                               The Commission invites comments on                 automated collection techniques or
                                                    POSTAL REGULATORY COMMISSION                            whether the Postal Service’s filings in               other forms of information technology.
                                                    [Docket Nos. MC2016–47 and CP2016–62;                   the captioned dockets are consistent                    1. Title and purpose of information
                                                    Order No. 2916]                                         with the policies of 39 U.S.C. 3632,                  collection: Employer Reporting; 3220–
                                                                                                            3633, or 3642, 39 CFR part 3015, and 39               0005.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    New Postal Product                                      CFR part 3020, subpart B. Comments are                  Under Section 9 of the Railroad
                                                    AGENCY:   Postal Regulatory Commission.                 due no later than January 4, 2016. The                Retirement Act (RRA), and Section 6 of
                                                                                                            public portions of these filings can be               the Railroad Unemployment Insurance
                                                    ACTION:   Notice.
                                                                                                                                                                  Act (RUIA), railroad employers are
                                                                                                              1 Request of the United States Postal Service to
                                                    SUMMARY:   The Commission is noticing a                                                                       required to submit reports of employee
                                                                                                            Add Priority Mail Contract 170 to Competitive
                                                    recent Postal Service filing concerning                 Product List and Notice of Filing (Under Seal) of
                                                                                                                                                                  service and compensation to the RRB as
                                                    the addition of Priority Mail Contract                  Unredacted Governors’ Decision, Contract, and         needed for administering the RRA and
                                                    170 to the competitive product list. This               Supporting Data, December 22, 2015 (Request).         RUIA. To pay benefits due on a


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Document Created: 2015-12-29 10:15:51
Document Modified: 2015-12-29 10:15:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments are due: January 5, 2016.
ContactDavid A. Trissell, General Counsel, at 202-789-6820.
FR Citation80 FR 81380 

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