A request to unseal non-public materials must a specific and detailed “provide statement justifying why the non-public materials should be made public, giving specific recognition to any pertinent rationale(s) provided in the [application for non-public treatment].” 39 C.F.R. § 3007.31(a). This requirement facilitates the Commission’s balancing of the nature and extent of the likely commercial injury against the public interest in maintaining financial transparency. The Motion to Unseal does not contain a detailed statement that specifically challenges the pertinent rationales relied upon in the Postal Service’s Application for Non-Public Treatment, claim that: (1) the sealed material consists of information of a commercial nature that, under good business practice, would not be publicly disclosed; (2) public disclosure of the material would be likely to result in commercial harm to the Postal Service; and (3) public disclosure of the material may also result in commercial harm to foreign postal operators that have a proprietary interest in the country-specific data. Accordingly, the Motion to Unseal does not satisfy 39 C.F.R. § 3007.31. The Motion for focuses the scope of the Chamber’s request to unseal to the non-public material filed in Library Reference USPS–LR–R2018–1/NP1 that is necessary to calculate the Inbound Letter Post revenues. See Motion for Leave at 1-2. The Motion for Leave further states that the Chamber would not object if such data were at the terminal dues group level.” Id. at 2 n.2. Essentially, the Chamber “aggregated requests that the Commission unseal data that is necessary to calculate Inbound Letter Post revenues by country or UPU terminal dues group. The Commission appreciates that the Motion for Leave attempts to limit the scope of the material requested for public disclosure. However, Library Reference USPS–LR–R2018–1/NP1 does not contain any Inbound Letter Post revenues data at that level of aggregation. The materials contained in Library Reference USPS–LR–R2018–1/NP1 that are able to be publicly disclosed without causing commercial harm—outbound market dominant billing determinant data—have already been publicly filed. See Response to CHIR No. 6, question 1.
A request to unseal non-public materials must “provide a specific and detailed statement justifying why the non-public materials should be made public, giving specific recognition to any pertinent rationale(s) provided in the [application for non-public treatment].” 39 C.F.R. § 3007.31(a). This requirement facilitates the Commission’s balancing of the nature and extent of the likely commercial injury against the public interest in maintaining financial transparency. The Motion to Unseal does not contain a detailed statement that specifically challenges the pertinent rationales relied upon in the Postal Service’s Application for Non-Public Treatment, claim that: (1) the sealed material consists of information of a commercial nature that, under good business practice, would not be publicly disclosed; (2) public disclosure of the material would be likely to result in commercial harm to the Postal Service; and (3) public disclosure of the material may also result in commercial harm to foreign postal operators that have a proprietary interest in the country-specific data. Accordingly, the Motion to Unseal does not satisfy 39 C.F.R. § 3007.31. The Motion for focuses the scope of the Chamber’s request to unseal to the non-public material filed in Library Reference USPS–LR–R2018–1/NP1 that is necessary to calculate the Inbound Letter Post revenues. See Motion for Leave at 1-2. The Motion for Leave further states that the Chamber would not object if such data were “aggregated at the terminal dues group level.” Id. at 2 n.2. Essentially, the Chamber requests that the Commission unseal data that is necessary to calculate Inbound Letter Post revenues by country or UPU terminal dues group. The Commission appreciates that the Motion for Leave attempts to limit the scope of the material requested for public disclosure. However, Library Reference USPS–LR–R2018–1/NP1 does not contain any Inbound Letter Post revenues data at that level of aggregation. The materials contained in Library Reference USPS–LR–R2018–1/NP1 that are able to be publicly disclosed without causing commercial harm—outbound market dominant billing determinant data—have already been publicly filed. See Response to CHIR No. 6, question 1.
Order4215.docx