Administrative Practice and Procedure, Postal Service, 77512-77517 [E8-30169]

Download as PDF 77512 Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Rules and Regulations identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http:// www.dol.gov/esa/whd/forms/ wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency), the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) * * * (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; * * * * * [FR Doc. E8–29886 Filed 12–18–08; 8:45 am] BILLING CODE 4510–27–P SUMMARY: The Coast Guard published a document in the Federal Register of October 14, 2008, concerning expired temporary rules. The document contained an incorrect contact telephone number, an incorrect table entry, and an omission. FOR FURTHER INFORMATION CONTACT: For questions on this notice contact Ms. Lesley Mose, Office of Regulations and Administrative Law, telephone (202) 372–3863. For questions on viewing, or on submitting material to the docket, contact Ms. Angie Ames, Program Manager, Docket Operations, telephone 202–366–5115. Correction In the Federal Register of October 14, 2008, in FR Doc. E8–23956, on page 60629, in the second column under FOR FURTHER INFORMATION CONTACT, correct the Office of Regulations and Administrative Law telephone number to read ‘‘202–372–3863’’; on the same page, in the table, remove the entry for Docket No. USCG–2008–0102; and on page 60630, in the table insert the entry for Docket No. USCG–2008–0402 reading ‘‘Boca Grande, FL, Safety Zones (Parts 147 and 165), 6/7/2008’’ in numerical order. Dated: December 9, 2008. S.G. Venckus, Chief, Office of Regulations and Administrative Law. [FR Doc. E8–29736 Filed 12–18–08; 8:45 am] BILLING CODE 4910–15–P POSTAL REGULATORY COMMISSION 39 CFR Part 3020 [Docket Nos. MC2009–8 and CP2009–9; Order No. 147] Administrative Practice and Procedure, Postal Service Postal Regulatory Commission. Final rule. AGENCY: ACTION: DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 147 and 165 [USCG–2008–0181] Quarterly Listings; Anchorages, Safety Zones, Security Zones, Special Local Regulations, Regulated Navigation Areas, and Drawbridge Operation Regulations; Correction Coast Guard, DHS. Notice of expired temporary rules issued; correction. AGENCY: ACTION: VerDate Aug<31>2005 14:44 Dec 18, 2008 Jkt 217001 SUMMARY: The Commission is adding a new international mail product to the Competitive Product List. This product is a contract between the United States Postal Service and Canada Post for inbound competitive services. It modifies and extends an existing agreement. The Commission’s action is consistent with changes to applicable federal law and regulations and with a recent Postal Service request. Republication of the lists of market dominant and competitive products is also consistent with requirements in the law. DATES: Effective December 19, 2008. PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 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: Regulatory History, 73 FR 70681 (November 21, 2008). The Postal Service seeks to add a new product identified as Canada PostUnited States Postal Service Contractual Bilateral Agreement for Inbound Competitive Services (MC2009–8 and CP2009–9) to the Competitive Product List. For the reasons discussed below, the Commission approves the Request. I. Background On November 13, 2008, the Postal Service filed a formal request pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add the Canada Post-United States Postal Service Contractual Bilateral Agreement for Inbound Competitive Services (Bilateral Agreement) to the Competitive Product List.1 The Postal Service asserts that the Contractual Bilateral Agreement 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. MC2009–8. The Postal Service contemporaneously filed notice, pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5, that the Governors have established prices and classifications not of general applicability for inbound competitive services as reflected in the Bilateral Agreement. More specifically, the Bilateral Agreement, which has been assigned Docket No. CP2009–9, governs the exchange of Inbound Surface Parcel Post from Canada. In support of its Request, the Postal Service filed a redacted version of the Governors’ Decision establishing prices for the Bilateral Agreement. Attached to the Governors’ Decision are proposed Mail Classification Schedule language; a redacted version of management’s analysis of the Bilateral Agreement; certification of compliance with 39 U.S.C. 3633(a); certification of the Governors’ vote; 2 and a Statement of Supporting Justification as required by 39 CFR 3020.32.3 In addition, the Postal 1 Request of United States Postal Service to Add Canada Post-United States Postal Service Contractual Bilateral Agreement for Inbound Competitive Services to the Competitive Product List, and Notice of Filing (Under Seal) the Enabling Governors’ Decision and Agreement, November 13, 2008 (Request). 2 See Attachment 1 to the Request. 3 See Attachment 2 to the Request. E:\FR\FM\19DER1.SGM 19DER1 Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Rules and Regulations Service indicates that it filed an unredacted copy of the Governors’ Decision, the Bilateral Agreement, and other supporting documents designed to establish compliance with 39 CFR 3015.5 under seal. Request at 2, n.2. In the Statement of Supporting Justification, Lea Emerson, Executive Director, International Postal Affairs, asserts that ‘‘[t]he addition of the [Bilateral] Agreement as a competitive product will enable the Commission to verify that the agreement covers its attributable costs and enables competitive products, as a whole, to make a positive contribution to coverage of institutional costs.’’ Id. at 2. W. Ashley Lyons, Manager, Corporate Financial Planning, Finance Department, certifies that the contract complies with 39 U.S.C. 3633(a). Request, Attachment C. He observes that the Bilateral Agreement ‘‘should not impair the ability of competitive products on the whole to cover an appropriate share of institutional costs.’’Id. The Postal Service filed much of the supporting materials, including the Governors’ Decision and the Bilateral Agreement, under seal. It maintains that the Bilateral Agreement, related financial information, and the Governor’s Decision should remain under seal as they contain pricing, cost, and other information that are highly confidential. Request at 2.4 The Postal Service has an existing bilateral agreement with Canada Post which is set to expire December 31, 2008. Id. at 3. The new prices and classifications modify the current agreement, extend it for 1 year, and are scheduled to take effect January 1, 2009, or ‘‘after filing with and review by the Postal Regulatory Commission, whichever, is later.’’ Request, Attachment 1, at 2. In Order No. 134, the Commission gave notice of the two dockets, appointed a public representative, and provided the public with an opportunity to comment.5 Pursuant to 39 CFR 3015.6, Chairman’s Information Request No.1 was issued November 24, 2008. 4 The Postal Service indicates that the materials filed under seal constitute a subset of the overarching agreement between the parties, representing the parties’ agreement concerning inbound competitive services. The Postal Service further indicates that the parties anticipate finalizing ‘‘this and related agreements by midDecember, and any lingering details will not affect the rates, classification, or other fundamental basis for this Request and Notice.’’ Request at 5, n.12. 5 PRC Order No. 134, Notice and Order Concerning Bilateral Agreement with Canada Post For Inbound Competitive Services, November 18, 2008 (Order No. 134). VerDate Aug<31>2005 14:44 Dec 18, 2008 Jkt 217001 The Postal Service filed its response on December 1, 2008 as requested.6 II. Comments Comments were filed by the Public Representative.7 No filings were submitted by other interested parties. The Public Representative’s comments focus principally on confidentiality and pricing under the contract. Public Representative Comments at 3–4. The Public Representative states that a sufficient rationale for maintaining the confidentiality of the documents under seal has been provided by the Postal Service. He reviewed the cost savings measures for the contract and determined that the contract is advantageous to the Postal Service and beneficial to the general public. Id. He notes that the Commission’s 2007 Annual Compliance Determination (ACD) found that Inbound Surface Parcel Post under the bilateral agreement with Canada incurred a loss and the Postal Service is attempting to remedy this issue with this agreement.8 Additionally, he observes that the payfor-performance standards will improve the performance of both postal administrations. He concludes, inter alia, that the contract appears to meet each element of 39 U.S.C. 3633(a). Id. at 2. III. Commission Analysis The Commission has reviewed the contract, the financial analysis provided under seal that accompanies it, the additional information filed by the Postal Service in response to the Chairman’s Information Request, and the comments filed by the Public Representative. Statutory requirements. The Commission’s statutory responsibilities in this instance entail assigning the Bilateral Agreement with Canada Post for Inbound Competitive Services 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 6 Response of United States Postal Service to Chairman’s Information Request No. 1 and Notice of Filing of Responsive Materials (Under Seal) December 1, 2008 (Response). 7 Public Representative Comments in Response to United States Postal Service Request to add Canada Post-United States Postal Service Contractual Bilateral Agreement for Inbound Competitive Services, to the Competitive Product List, and Notice of Filing (Under Seal) the Enabling Governors’ Decision and Agreement, December 3, 2008 (Public Representative Comments). 8 In the ACD summary of International Mail, issued March 27, 2008, the Commission concludes that revenue for competitive Inbound Surface Parcel Post (at non-UPU rates) did not cover its corresponding attributable costs by a relatively small amount. PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 77513 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 the Bilateral Agreement with Canada Post for Inbound Competitive Services 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 shall consist 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). In Docket No. RM2007–1, Order No. 43, the Commission determined that Inbound Surface Parcel Post shipments tendered at negotiated rates are appropriately classified as competitive. The Canada Post Bilateral Agreement falls within this category. 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 2, at 2– 3. 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. Finally, the Postal Service states that the market for international parcel delivery services is highly competitive and that the agreement provides a benefit to Canada Post’s and the Postal Service’s small business customers by providing an additional option for shipping articles between the United States and Canada. It concludes that there should be little, if any negative impact on small business. Id. at 4. No commenter opposes the proposed classification of the Canada Post-United States Postal Service Contractual Bilateral Agreement for Inbound Competitive Services, as competitive. E:\FR\FM\19DER1.SGM 19DER1 77514 Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Rules and Regulations Having considered the statutory requirements and the support offered by the Postal Service, the Commission finds that the Canada Post-United Postal Service Contractual Bilateral Agreement for Inbound Competitive Services is appropriately classified as a competitive product and should be added to the Competitive Product List. Cost considerations. The Postal Service’s filing seeks to establish a new product for Inbound Surface Parcel Post from Canada. The Postal Service asserts the rates provide financial benefits for inbound competitive services which are better than those that would exist if the rates used are set by the Universal Postal Union (UPU) treaty. Request, Attachment 1B, at 1. The Postal Service contends, as mentioned in the comments of the Public Representative, adding the Canada Post-United States Postal Service Contractual Bilateral Agreement for Inbound Competitive Services product will result in better cost coverage for Inbound Surface Parcel Post and address the Commission’s concern about cost coverage as expressed in the Annual Compliance Determination for Fiscal Year 2007. The Commission’s summary and findings for International Mail concluded that revenues for corresponding competitive Inbound Surface Parcel Post at non-UPU rates did not provide revenues that covered attributable costs. The Postal Service states that its financial analysis of the new prices negotiated in this agreement shows that this contract covers its attributable costs, and does not result in subsidization of competitive products by market dominant products and should not impair the ability of competitive products on the whole to cover an appropriate share of institutional costs. Id., Attachment 1C, at 1. Based on the data submitted and the comments received, the Commission finds that Canada Post-United States Postal Service Contractual Bilateral Agreement for Inbound Competitive Services 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 the proposed Canada Post-United States Postal Service Contractual Bilateral Agreement for Inbound Competitive Services indicates that it comports with the provisions applicable to rates for competitive products. It is our understanding that this contract extension will terminate December 31, 2009. If this is not the case, the Postal Service shall promptly notify the Commission when the contract terminates, but no later than the actual termination date. The Commission will then remove the contract from the Mail Classification Schedule at the earliest possible opportunity. In conclusion, the Commission approves the Canada Post-United States Postal Service Contractual Bilateral Agreement for Inbound Competitive Services 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. IV. Ordering Paragraphs It is Ordered: 1. Canada Post-United States Postal Service Contractual Bilateral Agreement for Inbound Competitive Services (MC2009–8 and CP2009–9) is added to the Competitive Product List as a new product under International Inbound Surface Parcel Post (at non-UPU) rates. 2. The Secretary shall arrange for the publication of this Order in the Federal Register. List of Subjects in 39 CFR Part 3020 Administrative practice and procedure, Postal Service. By the Commission. Steven W. Williams, Secretary. For the reasons stated in the preamble, under the authority at 39 U.S.C. 503, the Postal Regulatory Commission amends 39 CFR part 3020 as follows: ■ PART 3020—PRODUCT LISTS 1. The authority citation for part 3020 continues to read as follows: ■ Authority: 39 U.S.C. 503; 3622; 3631; 3642; 3682. 2. Revise Appendix A to subpart A of part 3020—Mail Classification to read as follows: ■ APPENDIX A TO SUBPART A OF 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 VerDate Aug<31>2005 14:44 Dec 18, 2008 Jkt 217001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\19DER1.SGM 19DER1 Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Rules and Regulations APPENDIX A TO SUBPART A OF SUBPART A OF PART 3020—MAIL CLASSIFICATION SCHEDULE—Continued 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 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] VerDate Aug<31>2005 14:44 Dec 18, 2008 Jkt 217001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\19DER1.SGM 19DER1 77515 77516 Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Rules and Regulations APPENDIX A TO SUBPART A OF SUBPART A OF PART 3020—MAIL CLASSIFICATION SCHEDULE—Continued 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 Competitive Product List Express Mail Express Mail Outbound International Expedited Services Inbound International Expedited Services Inbound International Expedited Services 1 (CP2008–7) Priority Mail Priority Mail Outbound Priority Mail International Inbound Air Parcel Post 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 & Priority Mail Contract 1 (MC2009–6 and CP2009–7) 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) Outbound International 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 Plus Contracts Global Plus 1 (CP2008–9 and CP2008–10) Global Plus 2 (MC2008–7, CP2008–16 and CP2008–17) Inbound Direct Entry Contracts with Foreign Postal Administrations (MC2008–6, CP2008–14 and CP2008–15) 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] VerDate Aug<31>2005 14:44 Dec 18, 2008 Jkt 217001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\19DER1.SGM 19DER1 Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Rules and Regulations 77517 APPENDIX A TO SUBPART A OF SUBPART A OF PART 3020—MAIL CLASSIFICATION SCHEDULE—Continued 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] [FR Doc. E8–30169 Filed 12–18–08; 8:45 am] BILLING CODE 7710–FW–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 58 [EPA–HQ–OAR–2006–0735; FRL–8754–9] RIN 2060–AN83 National Ambient Air Quality Standards for Lead AGENCY: Environmental Protection Agency (EPA). ACTION: Correcting amendment. SUMMARY: The EPA issued a final rule on November 12, 2008 (effective date January 12, 2009) that revised the National Ambient Air Quality Standard (NAAQS) for lead (Pb) and associated monitoring requirements. This document makes a minor correction to the November 12, 2008, action to correct a typographical error in the regulatory text for the rule. DATES: This correction is effective January 12, 2009. FOR FURTHER INFORMATION CONTACT: Mr. Kevin Cavender, Air Quality Assessment Division (C304–06), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 2364; fax number: (919) 541–1903; email address: Cavender.kevin@epa.gov. SUPPLEMENTARY INFORMATION: Background The EPA issued a final rule on November 12, 2008 (effective date January 12, 2009) that revised the NAAQS for Pb and associated Pb monitoring requirements. As part of the Pb monitoring requirements, monitoring agencies are required to develop a plan for establishing Pb monitoring sites in accordance with the requirements of appendix D of Part 58. A number of requirements for this plan were listed including the identification of (1) the designation of any Pb monitors as either source-oriented or non-source-oriented according to Appendix D to 40 CFR part 58, (2) any source-oriented monitors for which a waiver has been requested or VerDate Aug<31>2005 14:44 Dec 18, 2008 Jkt 217001 granted by the EPA Regional Administrator as allowed for under paragraph 4.5(a)(ii) of Appendix D to 40 CFR part 58, and (3) any source-oriented or non-source-oriented site for which a waiver has been requested or granted by the EPA Regional Administrator for the use of Pb-PM10 monitoring in lieu of PbTSP monitoring as allowed for under paragraph 2.10 of Appendix C to 40 CFR Part 58. These requirements were correctly included in the amended regulatory text for 40 CFR Part 58 in the final rule. In describing the amendments to the existing regulatory text, EPA accurately included a reference adding paragraph 58.10 (b)(9) (which contains the first requirement identified above). Although the notice included the text of paragraphs 58.10 (b)(10) and (b)(11) (which contain the second and third requirements identified above), EPA inadvertently failed to specify that these paragraphs were also being added to the existing regulatory text in the amendatory language. Need for Correction As published, the regulatory text in the final regulation contains a minor error that, if not corrected, would result in an error in the publication of the regulatory amendment in the Code of Federal Regulations. This action merely addresses an error in describing how the CFR regulatory text is amended, and not the amended regulatory text itself. Thus it is proper to issue this action with out notice and comment. Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that, when an Agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the Agency may issue a rule without providing notice and an opportunity for public comment. We have determined that there is good cause for making this action final without prior proposal and opportunity for comment because the change to the rule is a minor technical correction, is non-controversial, and does not substantively change the agency actions taken in the final rule. We similarly have determined there is good cause for making this rule effective January 12, 2009, because that is the same day the revisions to the Pb NAAQS and the monitoring requirements become PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 effective under the rule published November 12, 2008. Corrections of Publication The EPA issued a final rule on November 12, 2008 that revised the NAAQS for Pb and associated monitoring requirements. Instruction 15 on how the Code of Federal Regulations is amended inadvertently failed to identify two paragraphs as amendments to 40 CFR 58.10. As published in the November 12, 2008 final rule, instruction 15 reads as follows: ‘‘15. Section 58.10, is amended by added paragraph subsections (a)(4) and adding paragraph (b)(9) to read as follows:’’ In FR Doc. E8–25654 published November 12, 2008 (73 FR 66964), make the following correction. On page 67059, in the center column, amendatory instruction 15 is corrected to read as follows: ‘‘15. Section 58.10, is amended by adding paragraph (a)(4) and adding paragraphs (b)(9) through (b)(11) to read as follows:’’ List of Subjects in 40 CFR Part 58 Environmental protection, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: December 12, 2008. Robert J. Meyers, Principal Deputy Assistant Administrator, Office of Air and Radiation. [FR Doc. E8–30199 Filed 12–18–08; 8:45 am] BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION 41 CFR Part 102–74 [FMR Amendment 2008-08; FMR Case 2008– 102–3; Docket 2008–0001; Sequence 5] RIN 3090–AI78 Federal Management Regulation; FMR Case 2008–102–3, Real Property Policies Update – Smoking Restrictions AGENCY: Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Final rule. E:\FR\FM\19DER1.SGM 19DER1

Agencies

[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Rules and Regulations]
[Pages 77512-77517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30169]


=======================================================================
-----------------------------------------------------------------------

POSTAL REGULATORY COMMISSION

39 CFR Part 3020

[Docket Nos. MC2009-8 and CP2009-9; Order No. 147]


Administrative Practice and Procedure, Postal Service

AGENCY: Postal Regulatory Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Commission is adding a new international mail product to 
the Competitive Product List. This product is a contract between the 
United States Postal Service and Canada Post for inbound competitive 
services. It modifies and extends an existing agreement. The 
Commission's action is consistent with changes to applicable federal 
law and regulations and with a recent Postal Service request. 
Republication of the lists of market dominant and competitive products 
is also consistent with requirements in the law.

DATES: Effective December 19, 2008.

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: Regulatory History, 73 FR 70681 (November 
21, 2008).
    The Postal Service seeks to add a new product identified as Canada 
Post-United States Postal Service Contractual Bilateral Agreement for 
Inbound Competitive Services (MC2009-8 and CP2009-9) to the Competitive 
Product List. For the reasons discussed below, the Commission approves 
the Request.

I. Background

    On November 13, 2008, the Postal Service filed a formal request 
pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add the Canada 
Post-United States Postal Service Contractual Bilateral Agreement for 
Inbound Competitive Services (Bilateral Agreement) to the Competitive 
Product List.\1\ The Postal Service asserts that the Contractual 
Bilateral Agreement 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. MC2009-8.
---------------------------------------------------------------------------

    \1\ Request of United States Postal Service to Add Canada Post-
United States Postal Service Contractual Bilateral Agreement for 
Inbound Competitive Services to the Competitive Product List, and 
Notice of Filing (Under Seal) the Enabling Governors' Decision and 
Agreement, November 13, 2008 (Request).
---------------------------------------------------------------------------

    The Postal Service contemporaneously filed notice, pursuant to 39 
U.S.C. 3632(b)(3) and 39 CFR 3015.5, that the Governors have 
established prices and classifications not of general applicability for 
inbound competitive services as reflected in the Bilateral Agreement. 
More specifically, the Bilateral Agreement, which has been assigned 
Docket No. CP2009-9, governs the exchange of Inbound Surface Parcel 
Post from Canada.
    In support of its Request, the Postal Service filed a redacted 
version of the Governors' Decision establishing prices for the 
Bilateral Agreement. Attached to the Governors' Decision are proposed 
Mail Classification Schedule language; a redacted version of 
management's analysis of the Bilateral Agreement; certification of 
compliance with 39 U.S.C. 3633(a); certification of the Governors' 
vote; \2\ and a Statement of Supporting Justification as required by 39 
CFR 3020.32.\3\ In addition, the Postal

[[Page 77513]]

Service indicates that it filed an unredacted copy of the Governors' 
Decision, the Bilateral Agreement, and other supporting documents 
designed to establish compliance with 39 CFR 3015.5 under seal. Request 
at 2, n.2.
---------------------------------------------------------------------------

    \2\ See Attachment 1 to the Request.
    \3\ See Attachment 2 to the Request.
---------------------------------------------------------------------------

    In the Statement of Supporting Justification, Lea Emerson, 
Executive Director, International Postal Affairs, asserts that ``[t]he 
addition of the [Bilateral] Agreement as a competitive product will 
enable the Commission to verify that the agreement covers its 
attributable costs and enables competitive products, as a whole, to 
make a positive contribution to coverage of institutional costs.'' Id. 
at 2. W. Ashley Lyons, Manager, Corporate Financial Planning, Finance 
Department, certifies that the contract complies with 39 U.S.C. 
3633(a). Request, Attachment C. He observes that the Bilateral 
Agreement ``should not impair the ability of competitive products on 
the whole to cover an appropriate share of institutional costs.''Id.
    The Postal Service filed much of the supporting materials, 
including the Governors' Decision and the Bilateral Agreement, under 
seal. It maintains that the Bilateral Agreement, related financial 
information, and the Governor's Decision should remain under seal as 
they contain pricing, cost, and other information that are highly 
confidential. Request at 2.\4\
---------------------------------------------------------------------------

    \4\ The Postal Service indicates that the materials filed under 
seal constitute a subset of the overarching agreement between the 
parties, representing the parties' agreement concerning inbound 
competitive services. The Postal Service further indicates that the 
parties anticipate finalizing ``this and related agreements by mid-
December, and any lingering details will not affect the rates, 
classification, or other fundamental basis for this Request and 
Notice.'' Request at 5, n.12.
---------------------------------------------------------------------------

    The Postal Service has an existing bilateral agreement with Canada 
Post which is set to expire December 31, 2008. Id. at 3. The new prices 
and classifications modify the current agreement, extend it for 1 year, 
and are scheduled to take effect January 1, 2009, or ``after filing 
with and review by the Postal Regulatory Commission, whichever, is 
later.'' Request, Attachment 1, at 2.
    In Order No. 134, the Commission gave notice of the two dockets, 
appointed a public representative, and provided the public with an 
opportunity to comment.\5\ Pursuant to 39 CFR 3015.6, Chairman's 
Information Request No.1 was issued November 24, 2008. The Postal 
Service filed its response on December 1, 2008 as requested.\6\
---------------------------------------------------------------------------

    \5\ PRC Order No. 134, Notice and Order Concerning Bilateral 
Agreement with Canada Post For Inbound Competitive Services, 
November 18, 2008 (Order No. 134).
    \6\ Response of United States Postal Service to Chairman's 
Information Request No. 1 and Notice of Filing of Responsive 
Materials (Under Seal) December 1, 2008 (Response).
---------------------------------------------------------------------------

II. Comments

    Comments were filed by the Public Representative.\7\ No filings 
were submitted by other interested parties. The Public Representative's 
comments focus principally on confidentiality and pricing under the 
contract. Public Representative Comments at 3-4.
---------------------------------------------------------------------------

    \7\ Public Representative Comments in Response to United States 
Postal Service Request to add Canada Post-United States Postal 
Service Contractual Bilateral Agreement for Inbound Competitive 
Services, to the Competitive Product List, and Notice of Filing 
(Under Seal) the Enabling Governors' Decision and Agreement, 
December 3, 2008 (Public Representative Comments).
---------------------------------------------------------------------------

    The Public Representative states that a sufficient rationale for 
maintaining the confidentiality of the documents under seal has been 
provided by the Postal Service. He reviewed the cost savings measures 
for the contract and determined that the contract is advantageous to 
the Postal Service and beneficial to the general public. Id. He notes 
that the Commission's 2007 Annual Compliance Determination (ACD) found 
that Inbound Surface Parcel Post under the bilateral agreement with 
Canada incurred a loss and the Postal Service is attempting to remedy 
this issue with this agreement.\8\ Additionally, he observes that the 
pay-for-performance standards will improve the performance of both 
postal administrations. He concludes, inter alia, that the contract 
appears to meet each element of 39 U.S.C. 3633(a). Id. at 2.
---------------------------------------------------------------------------

    \8\ In the ACD summary of International Mail, issued March 27, 
2008, the Commission concludes that revenue for competitive Inbound 
Surface Parcel Post (at non-UPU rates) did not cover its 
corresponding attributable costs by a relatively small amount.
---------------------------------------------------------------------------

III. Commission Analysis

    The Commission has reviewed the contract, the financial analysis 
provided under seal that accompanies it, the additional information 
filed by the Postal Service in response to the Chairman's Information 
Request, and the comments filed by the Public Representative.
    Statutory requirements. The Commission's statutory responsibilities 
in this instance entail assigning the Bilateral Agreement with Canada 
Post for Inbound Competitive Services 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 the 
Bilateral Agreement with Canada Post for Inbound Competitive Services 
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 shall consist 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).
    In Docket No. RM2007-1, Order No. 43, the Commission determined 
that Inbound Surface Parcel Post shipments tendered at negotiated rates 
are appropriately classified as competitive. The Canada Post Bilateral 
Agreement falls within this category.
    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 2, at 2-3. 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. 
Finally, the Postal Service states that the market for international 
parcel delivery services is highly competitive and that the agreement 
provides a benefit to Canada Post's and the Postal Service's small 
business customers by providing an additional option for shipping 
articles between the United States and Canada. It concludes that there 
should be little, if any negative impact on small business. Id. at 4.
    No commenter opposes the proposed classification of the Canada 
Post-United States Postal Service Contractual Bilateral Agreement for 
Inbound Competitive Services, as competitive.

[[Page 77514]]

Having considered the statutory requirements and the support offered by 
the Postal Service, the Commission finds that the Canada Post-United 
Postal Service Contractual Bilateral Agreement for Inbound Competitive 
Services is appropriately classified as a competitive product and 
should be added to the Competitive Product List.
    Cost considerations. The Postal Service's filing seeks to establish 
a new product for Inbound Surface Parcel Post from Canada. The Postal 
Service asserts the rates provide financial benefits for inbound 
competitive services which are better than those that would exist if 
the rates used are set by the Universal Postal Union (UPU) treaty. 
Request, Attachment 1B, at 1.
    The Postal Service contends, as mentioned in the comments of the 
Public Representative, adding the Canada Post-United States Postal 
Service Contractual Bilateral Agreement for Inbound Competitive 
Services product will result in better cost coverage for Inbound 
Surface Parcel Post and address the Commission's concern about cost 
coverage as expressed in the Annual Compliance Determination for Fiscal 
Year 2007. The Commission's summary and findings for International Mail 
concluded that revenues for corresponding competitive Inbound Surface 
Parcel Post at non-UPU rates did not provide revenues that covered 
attributable costs. The Postal Service states that its financial 
analysis of the new prices negotiated in this agreement shows that this 
contract covers its attributable costs, and does not result in 
subsidization of competitive products by market dominant products and 
should not impair the ability of competitive products on the whole to 
cover an appropriate share of institutional costs. Id., Attachment 1C, 
at 1.
    Based on the data submitted and the comments received, the 
Commission finds that Canada Post-United States Postal Service 
Contractual Bilateral Agreement for Inbound Competitive Services 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 the proposed Canada Post-United 
States Postal Service Contractual Bilateral Agreement for Inbound 
Competitive Services indicates that it comports with the provisions 
applicable to rates for competitive products.
    It is our understanding that this contract extension will terminate 
December 31, 2009. If this is not the case, the Postal Service shall 
promptly notify the Commission when the contract terminates, but no 
later than the actual termination date. The Commission will then remove 
the contract from the Mail Classification Schedule at the earliest 
possible opportunity.
    In conclusion, the Commission approves the Canada Post-United 
States Postal Service Contractual Bilateral Agreement for Inbound 
Competitive Services 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.

IV. Ordering Paragraphs

    It is Ordered:
    1. Canada Post-United States Postal Service Contractual Bilateral 
Agreement for Inbound Competitive Services (MC2009-8 and CP2009-9) is 
added to the Competitive Product List as a new product under 
International Inbound Surface Parcel Post (at non-UPU) rates.
    2. The Secretary shall arrange for the publication of this Order in 
the Federal Register.

List of Subjects in 39 CFR Part 3020

    Administrative practice and procedure, Postal Service.

    By the Commission.
Steven W. Williams,
Secretary.

0
For the reasons stated in the preamble, under the authority at 39 
U.S.C. 503, the Postal Regulatory Commission amends 39 CFR part 3020 as 
follows:

PART 3020--PRODUCT LISTS

0
1. The authority citation for part 3020 continues to read as follows:

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

0
2. Revise Appendix A to subpart A of part 3020--Mail Classification to 
read as follows:

 Appendix A to Subpart A of 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

[[Page 77515]]

 
    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
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]

[[Page 77516]]

 
    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
------------------------------------------------------------------------
Competitive Product List
Express Mail
    Express Mail
    Outbound International Expedited Services
    Inbound International Expedited Services
        Inbound International Expedited Services 1 (CP2008-7)
Priority Mail
    Priority Mail
    Outbound Priority Mail International
    Inbound Air Parcel Post
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 & Priority Mail Contract 1 (MC2009-6 and CP2009-7)
        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)
    Outbound International
        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 Plus Contracts
            Global Plus 1 (CP2008-9 and CP2008-10)
            Global Plus 2 (MC2008-7, CP2008-16 and CP2008-17)
    Inbound Direct Entry Contracts with Foreign Postal Administrations
     (MC2008-6, CP2008-14 and CP2008-15)
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]

[[Page 77517]]

 
    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]
------------------------------------------------------------------------

[FR Doc. E8-30169 Filed 12-18-08; 8:45 am]
BILLING CODE 7710-FW-P