International Mail Contracts, 622-626 [E9-58]
Download as PDF
<![CDATA[
622
Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Rules and Regulations
payment on behalf of the mortgagor. The
mortgagee is prohibited from escrowing
funds at closing for all or part of the first
total monthly mortgage payment.
■ 8. Revise § 4001.118(a)(1) to read as
follows:
existing subordinate mortgages, and
non-mortgage liens on the property; less
*
*
*
*
*
■ 9. In § 4001.120, revise the heading,
revise paragraphs (a)(1) and (c)(2), and
add paragraph (e) to read as follows:
§ 4001.118
§ 4001.120
payment.
Equity sharing.
(a) Initial Equity. For purposes of
section 257(k)(1) of the Act, the initial
equity created as a direct result of the
origination of a Program mortgage on a
property, as calculated by the Program
mortgage lender, shall equal:
(1) The lesser of—
(i) The appraised value of the
property that was used at the time of
origination of the Program mortgage to
underwrite the mortgage and to
determine compliance with the
maximum loan-to-value ratio at
origination established by section
257(e)(2)(B) of the Act; or
(ii) The outstanding amount due
under all existing senior mortgages,
Appreciation sharing or upfront
(a) * * *
(1) In the case of—
(i) A sale of the property to one or
more persons none of which is a related
party of the mortgagor, the gross
proceeds from the sale of the property;
or
(ii) A disposition of the property or
the sale of the property to a related party
of the mortgagor, the current appraised
value of the property at the time of the
disposition or sale; less
*
*
*
*
*
(c) * * *
(2) The amount of the unpaid
principal and interest on such existing
subordinate mortgage, as of the first day
of the month in which the mortgagor
made application for the Program
mortgage, is at least $2,500; and
*
*
*
*
*
(e) Election to receive upfront
payment in lieu of a share of
appreciation. Upon meeting the
requirements of paragraph (c) of this
section, the eligible holder(s) of an
existing subordinate mortgage on a
property securing a Program mortgage
may elect to receive,
contemporaneously with the origination
of the Program mortgage, a payment
from FHA in an aggregate amount
determined in accordance with the
formula provided in Appendix A to this
part in lieu of any right to receive a
portion of FHA’s 50 percent interest in
the future appreciation in the appraised
value of such property under paragraph
(c) of this section.
■ 10. Appendix A to part 4001,
including its heading, is revised to read
as follows:
APPENDIX A TO PART 4001—CALCULATION OF UPFRONT PAYMENT OR FUTURE APPRECIATION PAYMENT
Upfront payment option
Percent of unpaid principal and interest that
lien holder is eligible to
receive # (percent)
Subordinate mortgage lien holder’s cumulative combined loan-to-value ratio
>135% ......................................................................................................................................
≤135% ......................................................................................................................................
3
4
Future appreciation
option*
Percent of unpaid principal and interest that
lien holder is eligible to
receive # (percent)
9
12
* A payment to a subordinate mortgage lien holder will depend on actual appreciation of the property as determined in accordance with 24
CFR 4001.120. Payment will be made according to the subordinate lien holder’s position of priority in relation to the property at the time the Program mortgage is originated.
# Payment will be based upon principal and interest as of the first day of the month in which the borrower made application for the Program
mortgage, calculated at the pre-default contract rate of interest.
Dated at Washington, DC, this 31st day of
December 2008.
By order of the Board of Directors of the
HOPE for Homeowners Program
Brian D. Montgomery,
Chairman of the Board.
[FR Doc. E9–57 Filed 1–6–09; 8:45 am]
operations and a recent Postal Service
request. Republication of the lists of
market dominant and competitive
products is also consistent with new
requirements in the law.
BILLING CODE 4210–AA–P
ADDRESSES:
POSTAL REGULATORY COMMISSION
DATES:
Effective January 7, 2009.
Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov.
[Docket Nos. MC2009–10 and CP2009–12;
Order No. 162]
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820 and
stephen.sharfman@prc.gov.
International Mail Contracts
SUPPLEMENTARY INFORMATION:
39 CFR Part 3020
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
The Commission is adding
Inbound International Expedited
Services 2 to the Competitive Product
List. This action is consistent with
changes in a recent law governing postal
SUMMARY:
VerDate Nov<24>2008
16:09 Jan 06, 2009
Jkt 217001
Regulatory
History, 73 FR 74212 (December 5,
2008).
The Postal Service seeks to add a new
product identified as Inbound
International Expedited Services 2 to
the Competitive Product List. For the
reasons discussed below, the
Commission approves the Request.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
I. Background
On November 19, 2008, the Postal
Service filed a request pursuant to 39
U.S.C. 3642 and 39 CFR 3020.30 et seq.
to add Inbound International Expedited
Services 2 to the Competitive Product
List.1 The Postal Service asserts that
Inbound International Expedited
Services 2 is a competitive product
within the meaning of 39 U.S.C.
3632(b)(3). This Request has been
assigned Docket No. MC2009–10.
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
Express Mail International (EMS)
1 Request of the United States Postal Service
Regarding Inbound Express Mail International
(EMS) from Foreign Posts to Add Inbound
International Expedited Services 2 to Competitive
Product List; and Notice of Establishment of Rates
and Classifications Not of General Applicability,
November 19, 2008 (Request).
E:\FR\FM\07JAR1.SGM
07JAR1
Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Rules and Regulations
originating from foreign posts.2 The
Governors’ Decision establishes EMS
prices pursuant to the Universal Postal
Union’s (UPU) EMS Cooperative
procedures which permit each
participating destination postal
administration to change its charges
effective January 1 of each year by
notifying its partners directly or through
the UPU’s International Bureau by
August 31 of the year prior to the
effective date.3 The Postal Service
generally provides notice through the
UPU International Bureau. Governors’
Decision at 1, n.2.
Under the EMS Cooperative
procedures, destination posts set prices
for the following three pricing tiers:
1. Pay-For-Performance. Available
EMS Cooperative members who elect to
comply with pay-for-performance
provisions. These rates also will apply
to members of the Kahala Post Group; 4
2. EMS Cooperative. EMS Cooperative
members who elect not to comply with
pay-for-performance provisions; and
3. All Others. International posts who
choose not to be members of the EMS
Cooperative. Request at 2.
With the exception of Inbound
International Expedited Services 1
involving a bilateral agreement with the
China Post Group, the Postal Service
proposes that the three price tiers
applicable to EMS for foreign posts
whose prices are set pursuant to this
process be classified as a single product,
Inbound International Expedited
Services 2.5
In support of its Request, the Postal
Service filed a redacted version of the
Governors’ Decision establishing prices
and classifications for Inbound Express
Mail International.6 The Postal Service
also filed a Statement of Supporting
Justification as required by 39 CFR
3020.32,7 certification of the Governors’
2 The Postal Service states that at the time of
Governors’ Decision No. 08–20 in this proceeding,
EMS prices met all requirements of the financial
model which is reflected in the decision. The
financial model filed under seal in the instant case
provides inputs that became available subsequent to
the Governors’ vote. This model as filed has an
anomaly because the margin is slightly below the
threshold set by the Governors. However, the Postal
Service contends that this difference should not
impact the Commission’s approval of the prices that
were established in August 2008 and that the cost
coverage presented in the model as filed is above
100 percent and satisfies the statutory pricing
criteria for competitive products. Request at 4, n.9.
3 Request, Attachment 1, at 1, see also Request at
2.
4 The Kahala Post Group is a group of postal
administrations that in 2003 agreed to work
together to improve international postal services,
particularly for express and package services.
5 Request at 4. See PRC Order No. 84, Order
Concerning the China Post Group Inbound EMS
Agreement, Docket No. CP2008–7, June 27, 2008.
6 See Attachment 1 to the Request.
7 See Attachment 2 to the Request.
VerDate Nov<24>2008
16:09 Jan 06, 2009
Jkt 217001
vote,8 and certification of compliance
with 39 U.S.C. 3633(a).9 In addition, the
Postal Service filed an unredacted copy
of the Governors’ Decision, the
agreements with foreign posts, and other
supporting documents designed to
establish compliance with 39 CFR
3015.5 under seal. Request at 1, n.2.
In the Statement of Supporting
Justification, Brian T. Hutchins,
Manager, International Postal Relations,
discusses the possibility that the Postal
Service could have requested that the
new product be merged with Inbound
International Expedited Services 1. He
notes that the prices for inbound EMS
are established through bilateral
negotiation (e.g., China Post Group) or
unilaterally pursuant to the EMS
Cooperative procedures.
He further states that the Request
recognizes that the ‘‘price changes for
EMS were locked down in August 2008
and this is the first experience putting
prices set by this method through
Commission review under the [Postal
Accountability and Enhancement Act
(PAEA)].’’ Request, Attachment 2, at 2.
The Postal Service views its Request as
the simplest approach. Id. He observes,
however, that the Commission could
determine that inbound EMS from
foreign posts be included with the
existing inbound EMS product (Inbound
International Expedited Services 1).
Hutchins concludes that either
approach ‘‘will improve the Postal
Service’s competitive posture, while
enabling the Commission to verify that
prices set according to EMS Cooperative
procedures cover their attributable costs
and make a positive contribution to
coverage of institutional costs.’’ Id. at 2–
3.
W. Ashley Lyons, Manager, Corporate
Financial Planning, Finance
Department, certifies that the Inbound
EMS prices comply with 39 U.S.C.
3633(a). Request, Attachment 4. He
asserts that the EMS agreement ‘‘prices
demonstrate that EMS should cover its
attributable costs and preclude the
subsidization of competitive products
by market dominant products.’’ Id.
The Postal Service filed much of the
supporting materials, including the
Governors’ Decision and the EMS
agreements with foreign posts, under
seal. It maintains that the EMS
agreements with foreign posts, related
financial information, and the
Governors’ Decision should remain
under seal as they contain pricing, cost,
and other information that are highly
confidential. Request at 5.
8 See
9 See
PO 00000
Attachment 3 to the Request.
Attachment 4 to the Request.
Frm 00007
Fmt 4700
Sfmt 4700
623
The Postal Service classification
changes established for existing EMS
agreements (except for the China Post
Group) in the Governors’ Decision are
scheduled to take effect January 1, 2009
after review by the Commission.
Governors’ Decision at 3.
In Order No. 141, the Commission
gave notice of the two dockets,
appointed a public representative, and
provided the public with an opportunity
to comment.10 The Postal Service
responded to the Chairman’s
Information Request No. 1 on December
12, 2008. It filed an errata on December
18, 2008.11
II. Comments
Comments were filed by the Public
Representative and International
Transport Solutions, Inc. (ITS). The
Postal Service filed a reply to ITS’
comments.12
The Public Representative focuses
principally on confidentiality and the
adequacy of cost coverage in the
agreement.13 Public Representative
Comments 2–4. The Public
Representative concludes that the Postal
Service provides sufficient justification
for the filing of materials under seal. He
further notes that the cost coverage in
the agreement should generate sufficient
revenue so that there is no subsidization
of international inbound EMS
negotiated service agreements by market
dominant products. Public
Representative Comments at 4.
ITS is in the international mail
consolidation industry.14 Its market
represents the import and export of bulk
international mail generated from
organizations. ITS Comments at 1. It
focuses on section 407(e)(2) of title 39
10 PRC Order No. 141, Notice and Order
Concerning Adding Inbound International
Expedited Services 2 to Competitive Product List,
December 1, 2008 (Order No. 141).
11 Response of United States Postal Service to
Chairman’s Information Request No. 1 and Notice
of Filing Responsive Materials (Under Seal),
December 12, 2008; United States Postal Service
Notice of Filing Errata to Response to Chairman’s
Information Request No. 1, and Notice of Filing
Errata to Financial Materials (Under Seal),
December 18, 2008.
12 Reply to Comments of William Gensburg of
International [Transport] Solutions, December 15,
2008 (Postal Service Reply).
13 Public Representative Comments in Response
to United States Postal Service Request to Add
Inbound International Expedited Services 2 to the
Competitive Product List, and Establishment of
Rates and Classifications Not of General
Applicability, December 5, 2008 (Public
Representative Comments).
14 Comments of William Gensburg of
International Transport Solutions, Inc., December 9,
2008 (ITS Comments). This filing was accompanied
by a Motion for Late Acceptance of Comments of
William Gensburg of International Transport
Solutions, Inc. pursuant to Order No. 141,
December 9, 2008. The motion is granted.
E:\FR\FM\07JAR1.SGM
07JAR1
624
Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Rules and Regulations
regarding application of customs laws to
shipments of competitive products by
the Postal Service and similar
shipments by private companies. It
contends that the Postal Service enjoys
special regulatory advantages not
available to others which it states is in
direct contradiction to the requirements
of the PAEA. ITS asserts the Postal
Service enjoys singular customs
advantages for all international mail. Id.
ITS concludes that approval of the
Inbound International Expedited
Services 2 product will not comport
with the PAEA’s mandate until the
customs laws of the United States
change so that all shipments by
international delivery companies,
including the Postal Service, are treated
equally. Id. at 1–2.
In its reply, the Postal Service
contends that ITS has not shown that it
is a ‘‘private company’’ within the
context of 407(e)(1) or shown that it
makes similar shipments to those
imported or exported by the Postal
Service. Postal Service Reply at 1. The
Postal Service also argues that the
organization does not present issues
which are proper for consideration by
the Commission or address whether the
operational agreements or UPUmanaged price setting procedures
comply with 39 U.S.C. 3633. Id. at 2. It
further contends that ITS does not
provide information on consumer or
small business concerns about the
placement of the product on the
Competitive Product List. The Postal
Service argues that section 407(e)(2) of
title 39 is not relevant to this
proceeding. Id.
III. Commission Analysis
The Commission has reviewed the
contract, the financial analysis provided
under seal that accompanies it, the
supplemental information filed by the
Postal Service in response to the
Chairman’s Information Request No. 1,
and the parties’ comments.
The Commission’s statutory
responsibilities in this instance entail
assigning Inbound International
Expedited Services 2 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 PAEA,
including sections 3632, 3633, and 3642
of title 39.
Product list assignment. In
determining whether to assign the
Inbound International Expedited
Services 2 as a product to the Market
Dominant Product List or the
Competitive Product List, the
Commission must consider whether
VerDate Nov<24>2008
16:09 Jan 06, 2009
Jkt 217001
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).
The Postal Service describes the
product as involving Inbound Express
Mail International from foreign posts for
delivery in the Postal Service’s domestic
service area. It proposes that it be added
as a new competitive product called
Inbound International Expedited
Services 2. Request at 1, Attachment 2
at 1. The Postal Service asserts that it
does not have the market power to set
its prices substantially above costs, to
raise prices significantly, or to decrease
quality of output. Request, Attachment
2, at 3. It 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. Id.
The Postal Service argues inbound
EMS falls outside the Private Express
Statutes. It suggests that the relevant
market can be served by ‘‘[p]rivate
consolidators, freight forwarders, and
integrators’’ who offer ‘‘quick end-toend delivery of matter that could also be
sent and delivered via EMS.’’ Id. at 4.
Based on his review of the filing, the
Public Representative concludes that
the Postal Service’s proposal complies
with title 39, and that its Request fulfills
all relevant requirements of the
Commission Rules of Practice and
Procedure. Public Representative
Comments at 5.
ITS does not oppose the classification
of Inbound International Expedited
Services 2 as a competitive product.
Rather, it argues that accepting the
Postal Service’s request ‘‘cannot
comport with the PAEA’s mandate’’
until customs laws change so that
shipments for the Postal Service and
competing international delivery
companies are treated equally. ITS
Comments at 2. While the Commission
appreciates ITS’ concerns, the issues it
raises are beyond the scope of this
proceeding. The issues presented by the
Postal Service’s filing are whether the
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
proposal is consistent with the policies
of sections 3632, 3633, and 3642 of title
39. If ITS believes that the regulatory
advantages it cites fall within the
Commission’s purview, it would need to
develop its claim more fully.
Having considered the statutory
requirements, comments filed by the
parties and the support offered by the
Postal Service, the Commission finds
that Inbound International Expedited
Services 2 is appropriately classified as
a competitive product and should be
added to the Competitive Product List.
Cost considerations. The Governor’s
Decision states that the price floor
formula provides greater than 100
percent coverage of the costs
attributable to each of the price tiers. Id.
Attachment 1 at 2. The Postal Service
provided data under seal which
permitted analysis of the underlying
agreements individually, by tier, and as
a whole. The Postal Service’s
Representative, W. Ashley Lyons,
certifies that the price formula is
designed to ensure that each agreement
should cover its attributable costs and
preclude the subsidization of
competitive products by market
dominant products.
Based on the data submitted and the
comments received, the Commission
finds that Inbound International
Expedited Services 2 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 Inbound International
Expedited Services 2 indicates that it
comports with the provisions applicable
to rates for competitive products.
Procedural considerations. The Postal
Service indicates that the EMS prices
established by the Governors are
produced pursuant to EMS Cooperative
procedures. Report, Attachment 1 at 1.
The EMS Cooperative is a voluntary
group established by the UPU’s Postal
Operations Council. Id. at 1, n.1.
Hutchins notes that the Request
represents the ‘‘first experience putting
prices set by this method through
Commission review under the PAEA.’’
Id., Attachment 2 at 2. The Commission
has concerns with the timing of the
Request.
The EMS Cooperative requires that
new rates to take effect January 1 of the
coming year be communicated to the
UPU and EMS partners by August 31.
There is no opportunity for an EMS
Cooperative member to change its rates
for the coming year after August 31. The
E:\FR\FM\07JAR1.SGM
07JAR1
Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Rules and Regulations
Postal Service notes that the EMS prices
for 2009 ‘‘were locked down in August
2008.’’ Id. at 4, n.9. The Commission’s
subsequent review of these rates after
August 31 is therefore problematic. If a
product is found to violate the PAEA,
e.g., does not satisfy section 3633(a)(2),
the Postal Service may be without a
suitable remedy until the next rate
change is permitted for the following
year, in this case 2010. However, no
change of filed rates is required in this
record.
In response to Order 84, the Postal
Service filed a list of ongoing
International Expedited Services
Agreements.15 The Postal Service is
directed to file a similar public list
organizing the instant agreements to be
grouped under each of the three tiers of
Inbound International Expedited
Services 2. The Postal Service should
also notify the Commission on a
quarterly basis of additional
participation by postal administrations
in Pay-For-Performance and the
effective date. The Postal Service shall
also promptly notify the Commission if
the prices terminate earlier than
December 31, 2009, but no later than the
actual termination date.
The revision to the Competitive
Product List is shown below the
signature of this Order and is effective
upon issuance of this order.
It is Ordered:
1. Inbound International Expedited
Services 2 (MC2009–10 and CP2009–12)
is added to the Competitive Product List
as a new product under Express Mail,
Inbound International Expedited
Services.
2. As discussed in the body of this
order, the Postal Service shall file a list
of the instant agreements to be grouped
under each of the three price tiers.
3. The Postal Service shall notify the
Commission if any prices terminate
earlier than December 31, 2009, and of
changes to countries listed in each of
the three price tiers on a quarterly basis.
4. 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
■
15 See Docket No. 2008–7, United States Postal
Service Response to Order No. 84 and Notice of
Filing Ongoing Inbound International Expedited
Services Agreements, July 23, 2008.
VerDate Nov<24>2008
16:09 Jan 06, 2009
Jkt 217001
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 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
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
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
625
[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]
E:\FR\FM\07JAR1.SGM
07JAR1
626
Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Rules and Regulations
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]
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
2000 Competitive Product List
Express Mail
Express Mail
Outbound International Expedited Services
Inbound International Expedited Services
Inbound International Expedited Services 1
(CP2008–7)
Inbound International Expedited Services 2
(MC2009–10 and CP2009–12)
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
VerDate Nov<24>2008
16:09 Jan 06, 2009
Jkt 217001
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)
Express Mail & Priority Mail Contract 2
(MC2009–12 and CP2009–14)
Parcel Return Service Contract 1 (MC2009–
1 and CP2009–2)
Parcel Return Select & Parcel Return
Service Contract 1 (MC2009–11 and
CP2009–13)
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)
Global Direct Contracts (MC2009–9,
CP2009–10 and CP2009–11)
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]
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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]
International Insurance
[Reserved for Product Description]
Negotiated Service Agreements
[Reserved for Group Description]
Domestic
[Reserved for Product Description]
Outbound International
[Reserved for Group Description]
Part C—Glossary of Terms and Conditions
[Reserved]
Part D—Country Price Lists for International
Mail [Reserved]
[FR Doc. E9–58 Filed 1–6–09; 8:45 am]
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 19
[FRL–8760–4]
RIN 2020–AA46
Civil Monetary Penalty Inflation
Adjustment Rule
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
SUMMARY: This action contains a minor
correction to the final Civil Monetary
Penalty Inflation Adjustment Rule,
which was published on December 11,
2008 (73 FR 75340) and will be effective
on January 12, 2009. As mandated by
the Debt Collection Improvement Act
(DCIA), the rule adjusts for inflation the
statutory civil penalties that may be
assessed for violations of EPAadministered statutes and their
implementing regulations. A corrected
version of Table 1 of the regulation
appears at the end of this action.
DATES: This correction is effective
January 12, 2009.
FOR FURTHER INFORMATION CONTACT:
David Abdalla, Special Litigation and
Projects Division (2248A), Office of
Civil Enforcement, Office of
Enforcement and Compliance
Assurance, U.S. Environmental
Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460,
(202) 564–2413.
SUPPLEMENTARY INFORMATION:
I. Background
On December 11, 2008, EPA issued
the final Civil Monetary Penalty
E:\FR\FM\07JAR1.SGM
07JAR1
]]>Agencies
[Federal Register Volume 74, Number 4 (Wednesday, January 7, 2009)]
[Rules and Regulations]
[Pages 622-626]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-58]
=======================================================================
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket Nos. MC2009-10 and CP2009-12; Order No. 162]
International Mail Contracts
AGENCY: Postal Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission is adding Inbound International Expedited
Services 2 to the Competitive Product List. This action is consistent
with changes in a recent law governing postal operations and a recent
Postal Service request. Republication of the lists of market dominant
and competitive products is also consistent with new requirements in
the law.
DATES: Effective January 7, 2009.
ADDRESSES: Submit comments electronically via the Commission's Filing
Online system at https://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 74212 (December 5,
2008).
The Postal Service seeks to add a new product identified as Inbound
International Expedited Services 2 to the Competitive Product List. For
the reasons discussed below, the Commission approves the Request.
I. Background
On November 19, 2008, the Postal Service filed a request pursuant
to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add Inbound
International Expedited Services 2 to the Competitive Product List.\1\
The Postal Service asserts that Inbound International Expedited
Services 2 is a competitive product within the meaning of 39 U.S.C.
3632(b)(3). This Request has been assigned Docket No. MC2009-10.
---------------------------------------------------------------------------
\1\ Request of the United States Postal Service Regarding
Inbound Express Mail International (EMS) from Foreign Posts to Add
Inbound International Expedited Services 2 to Competitive Product
List; and Notice of Establishment of Rates and Classifications Not
of General Applicability, November 19, 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 Express Mail International (EMS)
[[Page 623]]
originating from foreign posts.\2\ The Governors' Decision establishes
EMS prices pursuant to the Universal Postal Union's (UPU) EMS
Cooperative procedures which permit each participating destination
postal administration to change its charges effective January 1 of each
year by notifying its partners directly or through the UPU's
International Bureau by August 31 of the year prior to the effective
date.\3\ The Postal Service generally provides notice through the UPU
International Bureau. Governors' Decision at 1, n.2.
---------------------------------------------------------------------------
\2\ The Postal Service states that at the time of Governors'
Decision No. 08-20 in this proceeding, EMS prices met all
requirements of the financial model which is reflected in the
decision. The financial model filed under seal in the instant case
provides inputs that became available subsequent to the Governors'
vote. This model as filed has an anomaly because the margin is
slightly below the threshold set by the Governors. However, the
Postal Service contends that this difference should not impact the
Commission's approval of the prices that were established in August
2008 and that the cost coverage presented in the model as filed is
above 100 percent and satisfies the statutory pricing criteria for
competitive products. Request at 4, n.9.
\3\ Request, Attachment 1, at 1, see also Request at 2.
---------------------------------------------------------------------------
Under the EMS Cooperative procedures, destination posts set prices
for the following three pricing tiers:
1. Pay-For-Performance. Available EMS Cooperative members who elect
to comply with pay-for-performance provisions. These rates also will
apply to members of the Kahala Post Group; \4\
---------------------------------------------------------------------------
\4\ The Kahala Post Group is a group of postal administrations
that in 2003 agreed to work together to improve international postal
services, particularly for express and package services.
---------------------------------------------------------------------------
2. EMS Cooperative. EMS Cooperative members who elect not to comply
with pay-for-performance provisions; and
3. All Others. International posts who choose not to be members of
the EMS Cooperative. Request at 2.
With the exception of Inbound International Expedited Services 1
involving a bilateral agreement with the China Post Group, the Postal
Service proposes that the three price tiers applicable to EMS for
foreign posts whose prices are set pursuant to this process be
classified as a single product, Inbound International Expedited
Services 2.\5\
---------------------------------------------------------------------------
\5\ Request at 4. See PRC Order No. 84, Order Concerning the
China Post Group Inbound EMS Agreement, Docket No. CP2008-7, June
27, 2008.
---------------------------------------------------------------------------
In support of its Request, the Postal Service filed a redacted
version of the Governors' Decision establishing prices and
classifications for Inbound Express Mail International.\6\ The Postal
Service also filed a Statement of Supporting Justification as required
by 39 CFR 3020.32,\7\ certification of the Governors' vote,\8\ and
certification of compliance with 39 U.S.C. 3633(a).\9\ In addition, the
Postal Service filed an unredacted copy of the Governors' Decision, the
agreements with foreign posts, and other supporting documents designed
to establish compliance with 39 CFR 3015.5 under seal. Request at 1,
n.2.
---------------------------------------------------------------------------
\6\ See Attachment 1 to the Request.
\7\ See Attachment 2 to the Request.
\8\ See Attachment 3 to the Request.
\9\ See Attachment 4 to the Request.
---------------------------------------------------------------------------
In the Statement of Supporting Justification, Brian T. Hutchins,
Manager, International Postal Relations, discusses the possibility that
the Postal Service could have requested that the new product be merged
with Inbound International Expedited Services 1. He notes that the
prices for inbound EMS are established through bilateral negotiation
(e.g., China Post Group) or unilaterally pursuant to the EMS
Cooperative procedures.
He further states that the Request recognizes that the ``price
changes for EMS were locked down in August 2008 and this is the first
experience putting prices set by this method through Commission review
under the [Postal Accountability and Enhancement Act (PAEA)].''
Request, Attachment 2, at 2. The Postal Service views its Request as
the simplest approach. Id. He observes, however, that the Commission
could determine that inbound EMS from foreign posts be included with
the existing inbound EMS product (Inbound International Expedited
Services 1). Hutchins concludes that either approach ``will improve the
Postal Service's competitive posture, while enabling the Commission to
verify that prices set according to EMS Cooperative procedures cover
their attributable costs and make a positive contribution to coverage
of institutional costs.'' Id. at 2-3.
W. Ashley Lyons, Manager, Corporate Financial Planning, Finance
Department, certifies that the Inbound EMS prices comply with 39 U.S.C.
3633(a). Request, Attachment 4. He asserts that the EMS agreement
``prices demonstrate that EMS should cover its attributable costs and
preclude the subsidization of competitive products by market dominant
products.'' Id.
The Postal Service filed much of the supporting materials,
including the Governors' Decision and the EMS agreements with foreign
posts, under seal. It maintains that the EMS agreements with foreign
posts, related financial information, and the Governors' Decision
should remain under seal as they contain pricing, cost, and other
information that are highly confidential. Request at 5.
The Postal Service classification changes established for existing
EMS agreements (except for the China Post Group) in the Governors'
Decision are scheduled to take effect January 1, 2009 after review by
the Commission. Governors' Decision at 3.
In Order No. 141, the Commission gave notice of the two dockets,
appointed a public representative, and provided the public with an
opportunity to comment.\10\ The Postal Service responded to the
Chairman's Information Request No. 1 on December 12, 2008. It filed an
errata on December 18, 2008.\11\
---------------------------------------------------------------------------
\10\ PRC Order No. 141, Notice and Order Concerning Adding
Inbound International Expedited Services 2 to Competitive Product
List, December 1, 2008 (Order No. 141).
\11\ Response of United States Postal Service to Chairman's
Information Request No. 1 and Notice of Filing Responsive Materials
(Under Seal), December 12, 2008; United States Postal Service Notice
of Filing Errata to Response to Chairman's Information Request No.
1, and Notice of Filing Errata to Financial Materials (Under Seal),
December 18, 2008.
---------------------------------------------------------------------------
II. Comments
Comments were filed by the Public Representative and International
Transport Solutions, Inc. (ITS). The Postal Service filed a reply to
ITS' comments.\12\
---------------------------------------------------------------------------
\12\ Reply to Comments of William Gensburg of International
[Transport] Solutions, December 15, 2008 (Postal Service Reply).
---------------------------------------------------------------------------
The Public Representative focuses principally on confidentiality
and the adequacy of cost coverage in the agreement.\13\ Public
Representative Comments 2-4. The Public Representative concludes that
the Postal Service provides sufficient justification for the filing of
materials under seal. He further notes that the cost coverage in the
agreement should generate sufficient revenue so that there is no
subsidization of international inbound EMS negotiated service
agreements by market dominant products. Public Representative Comments
at 4.
---------------------------------------------------------------------------
\13\ Public Representative Comments in Response to United States
Postal Service Request to Add Inbound International Expedited
Services 2 to the Competitive Product List, and Establishment of
Rates and Classifications Not of General Applicability, December 5,
2008 (Public Representative Comments).
---------------------------------------------------------------------------
ITS is in the international mail consolidation industry.\14\ Its
market represents the import and export of bulk international mail
generated from organizations. ITS Comments at 1. It focuses on section
407(e)(2) of title 39
[[Page 624]]
regarding application of customs laws to shipments of competitive
products by the Postal Service and similar shipments by private
companies. It contends that the Postal Service enjoys special
regulatory advantages not available to others which it states is in
direct contradiction to the requirements of the PAEA. ITS asserts the
Postal Service enjoys singular customs advantages for all international
mail. Id. ITS concludes that approval of the Inbound International
Expedited Services 2 product will not comport with the PAEA's mandate
until the customs laws of the United States change so that all
shipments by international delivery companies, including the Postal
Service, are treated equally. Id. at 1-2.
---------------------------------------------------------------------------
\14\ Comments of William Gensburg of International Transport
Solutions, Inc., December 9, 2008 (ITS Comments). This filing was
accompanied by a Motion for Late Acceptance of Comments of William
Gensburg of International Transport Solutions, Inc. pursuant to
Order No. 141, December 9, 2008. The motion is granted.
---------------------------------------------------------------------------
In its reply, the Postal Service contends that ITS has not shown
that it is a ``private company'' within the context of 407(e)(1) or
shown that it makes similar shipments to those imported or exported by
the Postal Service. Postal Service Reply at 1. The Postal Service also
argues that the organization does not present issues which are proper
for consideration by the Commission or address whether the operational
agreements or UPU-managed price setting procedures comply with 39
U.S.C. 3633. Id. at 2. It further contends that ITS does not provide
information on consumer or small business concerns about the placement
of the product on the Competitive Product List. The Postal Service
argues that section 407(e)(2) of title 39 is not relevant to this
proceeding. Id.
III. Commission Analysis
The Commission has reviewed the contract, the financial analysis
provided under seal that accompanies it, the supplemental information
filed by the Postal Service in response to the Chairman's Information
Request No. 1, and the parties' comments.
The Commission's statutory responsibilities in this instance entail
assigning Inbound International Expedited Services 2 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 PAEA, including sections
3632, 3633, and 3642 of title 39.
Product list assignment. In determining whether to assign the
Inbound International Expedited Services 2 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).
The Postal Service describes the product as involving Inbound
Express Mail International from foreign posts for delivery in the
Postal Service's domestic service area. It proposes that it be added as
a new competitive product called Inbound International Expedited
Services 2. Request at 1, Attachment 2 at 1. The Postal Service asserts
that it does not have the market power to set its prices substantially
above costs, to raise prices significantly, or to decrease quality of
output. Request, Attachment 2, at 3. It 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. Id.
The Postal Service argues inbound EMS falls outside the Private
Express Statutes. It suggests that the relevant market can be served by
``[p]rivate consolidators, freight forwarders, and integrators'' who
offer ``quick end-to-end delivery of matter that could also be sent and
delivered via EMS.'' Id. at 4.
Based on his review of the filing, the Public Representative
concludes that the Postal Service's proposal complies with title 39,
and that its Request fulfills all relevant requirements of the
Commission Rules of Practice and Procedure. Public Representative
Comments at 5.
ITS does not oppose the classification of Inbound International
Expedited Services 2 as a competitive product. Rather, it argues that
accepting the Postal Service's request ``cannot comport with the PAEA's
mandate'' until customs laws change so that shipments for the Postal
Service and competing international delivery companies are treated
equally. ITS Comments at 2. While the Commission appreciates ITS'
concerns, the issues it raises are beyond the scope of this proceeding.
The issues presented by the Postal Service's filing are whether the
proposal is consistent with the policies of sections 3632, 3633, and
3642 of title 39. If ITS believes that the regulatory advantages it
cites fall within the Commission's purview, it would need to develop
its claim more fully.
Having considered the statutory requirements, comments filed by the
parties and the support offered by the Postal Service, the Commission
finds that Inbound International Expedited Services 2 is appropriately
classified as a competitive product and should be added to the
Competitive Product List.
Cost considerations. The Governor's Decision states that the price
floor formula provides greater than 100 percent coverage of the costs
attributable to each of the price tiers. Id. Attachment 1 at 2. The
Postal Service provided data under seal which permitted analysis of the
underlying agreements individually, by tier, and as a whole. The Postal
Service's Representative, W. Ashley Lyons, certifies that the price
formula is designed to ensure that each agreement should cover its
attributable costs and preclude the subsidization of competitive
products by market dominant products.
Based on the data submitted and the comments received, the
Commission finds that Inbound International Expedited Services 2 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 Inbound International Expedited
Services 2 indicates that it comports with the provisions applicable to
rates for competitive products.
Procedural considerations. The Postal Service indicates that the
EMS prices established by the Governors are produced pursuant to EMS
Cooperative procedures. Report, Attachment 1 at 1. The EMS Cooperative
is a voluntary group established by the UPU's Postal Operations
Council. Id. at 1, n.1. Hutchins notes that the Request represents the
``first experience putting prices set by this method through Commission
review under the PAEA.'' Id., Attachment 2 at 2. The Commission has
concerns with the timing of the Request.
The EMS Cooperative requires that new rates to take effect January
1 of the coming year be communicated to the UPU and EMS partners by
August 31. There is no opportunity for an EMS Cooperative member to
change its rates for the coming year after August 31. The
[[Page 625]]
Postal Service notes that the EMS prices for 2009 ``were locked down in
August 2008.'' Id. at 4, n.9. The Commission's subsequent review of
these rates after August 31 is therefore problematic. If a product is
found to violate the PAEA, e.g., does not satisfy section 3633(a)(2),
the Postal Service may be without a suitable remedy until the next rate
change is permitted for the following year, in this case 2010. However,
no change of filed rates is required in this record.
In response to Order 84, the Postal Service filed a list of ongoing
International Expedited Services Agreements.\15\ The Postal Service is
directed to file a similar public list organizing the instant
agreements to be grouped under each of the three tiers of Inbound
International Expedited Services 2. The Postal Service should also
notify the Commission on a quarterly basis of additional participation
by postal administrations in Pay-For-Performance and the effective
date. The Postal Service shall also promptly notify the Commission if
the prices terminate earlier than December 31, 2009, but no later than
the actual termination date.
---------------------------------------------------------------------------
\15\ See Docket No. 2008-7, United States Postal Service
Response to Order No. 84 and Notice of Filing Ongoing Inbound
International Expedited Services Agreements, July 23, 2008.
---------------------------------------------------------------------------
The revision to the Competitive Product List is shown below the
signature of this Order and is effective upon issuance of this order.
It is Ordered:
1. Inbound International Expedited Services 2 (MC2009-10 and
CP2009-12) is added to the Competitive Product List as a new product
under Express Mail, Inbound International Expedited Services.
2. As discussed in the body of this order, the Postal Service shall
file a list of the instant agreements to be grouped under each of the
three price tiers.
3. The Postal Service shall notify the Commission if any prices
terminate earlier than December 31, 2009, and of changes to countries
listed in each of the three price tiers on a quarterly basis.
4. 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 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
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]
[[Page 626]]
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]
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 2000 Competitive Product List
Express Mail
Express Mail
Outbound International Expedited Services
Inbound International Expedited Services
Inbound International Expedited Services 1 (CP2008-7)
Inbound International Expedited Services 2 (MC2009-10 and
CP2009-12)
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)
Express Mail & Priority Mail Contract 2 (MC2009-12 and CP2009-
14)
Parcel Return Service Contract 1 (MC2009-1 and CP2009-2)
Parcel Return Select & Parcel Return Service Contract 1 (MC2009-
11 and CP2009-13)
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)
Global Direct Contracts (MC2009-9, CP2009-10 and CP2009-11)
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]
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]
Part C--Glossary of Terms and Conditions [Reserved]
Part D--Country Price Lists for International Mail [Reserved]
[FR Doc. E9-58 Filed 1-6-09; 8:45 am]
BILLING CODE 7710-FW-P
