New Postal Product, 26789-26793 [E9-13046]
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Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations
final rule amending the Department of
Veterans Affairs (VA) regulation
regarding the Servicemembers’ Group
Life Insurance traumatic injury
protection (TSGLI) program. The
amendment was necessary in order to
add losses that would be covered under
the program and to define terms that are
relevant to these new losses. The final
rule also clarifies existing language in
the regulation and reorganizes several
existing provisions.
DATES: Effective Date: June 4, 2009.
FOR FURTHER INFORMATION CONTACT:
Jeanne King, Attorney-Advisor,
Department of Veterans Affairs Regional
Office and Insurance Center (310/290B),
P.O. Box 8079, Philadelphia,
Pennsylvania 19101, (215) 842–2000,
ext. 4839 (This is not a toll-free
number).
SUPPLEMENTARY INFORMATION: An
interim final rule amending VA’s
regulation regarding the added losses to
the TSGLI program, the clarification of
existing language, and the
reorganization of certain provisions was
published in the Federal Register on
November 26, 2008 (73 FR 71926).
We provided a 30-day comment
period that ended on December 26,
2008. No comments were received.
Based on the rationale set forth in the
interim final rule, we now adopt the
interim final rule as a final rule without
change.
Administrative Procedure Act
This document, without change,
affirms the amendment made by the
interim final rule that is already in
effect. The Secretary of Veterans Affairs
concluded that, under 5 U.S.C.
553(b)(3)(B), there was good cause to
dispense with the opportunity for prior
comment with respect to this rule. The
Secretary found that it was
impracticable, unnecessary, and
contrary to the public interest to delay
this regulation for the purpose of
soliciting prior public comment.
Nevertheless, the Secretary invited
public comment on the interim final
rule but did not receive any comments.
The amendment was consistent with the
priorities established by Congress and
was needed on an expedited basis
because the prior version of the
regulation would have precluded VA
from providing a TSGLI payment for the
other losses that the agency had
determined should be added as a
covered benefit under the program.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
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anticipated costs and benefits before
issuing any rule that may result in an
expenditure by the State, local, and
tribal governments, in the aggregate, or
by the private sector, of $100 million or
more (adjusted annually for inflation) in
any given year. This final rule will have
no such effect on State, local, and tribal
governments, or on the private sector.
Executive Order 12866
Executive Order 12866 directs
agencies to assess all costs and benefits
of available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity). The
Executive Order classifies a ‘‘significant
regulatory action,’’ requiring review by
the Office of Management and Budget
(OMB) unless OMB waives such review,
as any regulatory action that is likely to
result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
The economic, interagency,
budgetary, legal, and policy
implications of this final rule have been
examined and it has been determined to
be a significant regulatory action under
the Executive Order because it is likely
to result in a rule that may raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
Paperwork Reduction Act
This document expands the collection
of information under the Paperwork
Reduction Act (44 U.S.C. 3501–3521)
(the Act). Accordingly, under section
3507(d) of the Act, VA submitted a copy
of the amended TSGLI form (titled
Application for TSGLI Benefits Form) to
OMB for its review of the proposed
collection of information concurrent
with the publication of the interim final
rule.
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26789
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule will not have a significant
economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq. The rule will
directly affect only individuals and will
not directly affect small entities.
Therefore, pursuant to 5 U.S.C. 605(b),
this final rule is exempt from the initial
and final regulatory flexibility analyses
requirements of sections 603 and 604.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance Program number and title for
this rule is 64.103, Life Insurance for
Veterans.
List of Subjects in 38 CFR Part 9
Life insurance, Military personnel,
Veterans.
Approved: May 19, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
PART 9—SERVICEMEMBERS’ GROUP
LIFE INSURANCE AND VETERANS’
GROUP LIFE INSURANCE
Accordingly, the interim final rule
amending 38 CFR part 9, which was
published at 73 FR 71926 on November
26, 2008, is adopted as a final rule
without change.
■
[FR Doc. E9–13097 Filed 6–3–09; 8:45 am]
BILLING CODE 8320–01–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket Nos. MC2009–24, CP2009–28; Order
No. 218]
New Postal Product
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
The Commission is adding the Postal
Service’s Royal Mail Inbound Air Parcel
Post Agreement negotiated service
agreement to the Competitive Product
List. This action is consistent with
changes in a recent law governing postal
operations. Republication of the lists of
market dominant and competitive
products is also consistent with new
requirements in the law.
DATES: Effective June 4, 2009 and is
applicable beginning May 29, 2009.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov.
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FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820 and
stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
On April 21, 2009, the Postal Service
filed a formal request pursuant to 39
U.S.C. 3642 and 39 CFR 3020.30 et seq.
to add the Royal Mail Inbound Air
Parcel Post Agreement (Agreement) to
the Competitive Product List.1 The
Postal Service asserts that the Governors
have established a price and
classification ‘‘not of general
applicability’’ within the meaning of 39
U.S.C. 3632(b)(3). Id. at 1. This Request
has been assigned Docket No. MC2009–
24.
The Postal Service
contemporaneously filed the Agreement
related to the proposed new product
pursuant to 39 U.S.C. 3632(b)(3) and 39
CFR 3015.5. Id. The Agreement has been
assigned Docket No. CP2009–28.
In support of its Request, the Postal
Service filed the following materials: (1)
A statement of supporting justification
as required by 39 CFR 3020.32; 2 (2)
Governors’ Decision No. 09–5
authorizing the new product which
includes a certification of the vote,
requested changes in the Mail
Classification Schedule (MCS) product
list, an analysis of the Agreement, a
certification of compliance with 39
U.S.C. 3633(a); 3 and (3) a redacted
version of the Agreement.4 An
additional certification of compliance
with 39 U.S.C. 3633(a) is included to
reflect changes in the estimated amount
of inward land rate payments in 2010
due to revisions to the payment
structure under the Universal Postal
Union’s Parcel Post Regulations that
will become effective on January 1,
2010.5 Substantively, the Request seeks
to add the Royal Mail Inbound Air
Parcel Post Agreement to the
Competitive Product List. Id. at 1–2.
In the statement of supporting
justification, Giselle Valera, Executive
Director, Global Finance and Business
Analysis, asserts that the service to be
provided under the Agreement will
cover its attributable costs, make a
positive contribution to institutional
costs, and increase contribution toward
the requisite 5.5 percent of the Postal
1 Request of the United States Postal Service to
Add Royal Mail Inbound Air Parcel Post Agreement
to the Competitive Products List and Notice of
Filing (Under Seal) Contract and Enabling
Governors’ Decision, April 21, 2009 (Request).
2 Attachment 1 to the Request.
3 Attachment 2 to the Request.
4 Attachment 3 to the Request.
5 Attachment 4 to the Request.
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Service’s total institutional costs. Id.,
Attachment 1. Thus, Ms. Valera
contends there will be no issue of
subsidization of competitive products
by market dominant products as a result
of this Agreement. Id. W. Ashley Lyons,
Manager, Corporate Financial Planning,
Finance Department, certifies that the
Agreement complies with 39 U.S.C.
3633(a). See id., Attachment C.
The Postal Service filed much of the
supporting materials, including the
unredacted Governors’ Decision and the
unredacted Agreement, under seal. In its
Request, the Postal Service maintains
that portions of the Agreement with
prices, terms and conditions along with
related financial information, and
portions of the accompanying analyses
that provide prices, or financial
projections, should remain confidential.
Id. at 2–3.
In Order No. 207, the Commission
gave notice of the two dockets,
appointed a public representative, and
provided the public with an opportunity
to comment.6
On May 12, 2009, the Postal Service
filed revised information relating to two
changes that occurred subsequent to the
filing of its Request.7 The first change
corrects certain discrepancies in
Transportation Cost Systems (TRACS)
data filed by the Postal Service in
Docket No. ACR2008. In the FY 2008
Annual Compliance Determination, the
Commission found minor discrepancies
in the TRACS data used to distribute FY
2008 highway transportation costs to a
few international products. Revised
Notice at 1–2. On April 30, 2009, the
Postal Service filed corrected data in
Library Reference USPS–FY08–NP37 in
Docket No. ACR2008, explaining that
the discrepancies were inadvertent.
The second change concerns a
reduction in the inward land rates
applicable for Universal Postal Union
(UPU) air parcels tendered by foreign
posts to the United States beginning on
July 1, 2009.8 The reduction is due to
the denial of a bonus payment to the
Postal Service for the delivery of
inbound UPU parcels starting July 1,
2009. The Postal Service believes that
the denial is in error and is appealing
6 PRC Order No. 207, Notice and Order
Concerning Royal Mail Inbound Air Parcel Post
Negotiated Service Agreement, April 27, 2009
(Order No. 207).
7 Notice of United States Postal Service of Filing
Revised Information Under 39 CFR 3015.5(c)(1),
May 12, 2009 (Revised Notice).
8 Inward land rates are charges posts pay each
other for delivery of incoming parcels. The Postal
Service indicates that inward land rates are based
on a rate formula prescribed by the UPU’s Postal
Operations Council. Alternatively, countries may
negotiate rates with other UPU members. Id. at 2,
n.1.
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it. In the interim, however, the Postal
Service revised financial information
showing effects of the reduced inward
land rates.
The Postal Service concludes that the
revised financial information does not
adversely affect the cost coverage of the
Royal Mail Agreement and the
Agreement is still in compliance with
all applicable statutory and regulatory
requirements. Id. at 3.
II. Comments
Comments were filed by the Public
Representative,9 and Express Delivery
and Logistics Association (XLA).10 The
Postal Service filed a reply to the
comments of XLA,11 and XLA filed
reply comments to the Postal Service
comments.12 The Public Representative
filed reply comments to the revised
Notice filed by the Postal Service.13
The Public Representative states that
the Postal Service’s filing complies with
applicable Commission rules of practice
and procedure, and concludes that the
Royal Mail Inbound Air Parcel Post
Agreement comports with the
requirements of title 39. Public
Representative Comments at 1 and 4.
The Public Representative determines
that the Postal Service has provided
adequate justification for maintaining
confidentiality in this case. Id. at 3. He
also states that the Agreement appears
beneficial to the general public. Id. at 1.
The Public Representative also
commented on the Postal Service’s
revised information, concluding that the
instant Agreement appears to have more
than adequate cost coverage. Public
Representative Reply Comments at 2. As
9 Public Representative Comments in Response to
United States Postal Service Request To Add Royal
Mail Inbound Air Parcel Post Agreement to the
Competitive Product List, May 5, 2009 (Public
Representative Comments).
10 Comments of Express Delivery and Logistics
Association Pursuant to PRC Order 207, May 5,
2009 (XLA Comments).
11 Reply of the United States Postal Service to
Comments by the Express Delivery and Logistics
Association in Response to Order No. 207, May 6,
2009 (Postal Service Reply Comments).
12 Final Reply of XLA to Reply by the United
States Postal Service Pursuant to XLA’s Comments
Pursuant to PRC Order 207, May 7, 2009 (XLA
Reply Comments). XLA also filed an accompanying
Motion of Express Delivery and Logistics
Association for Late Acceptance of Comments on
United States Postal Service Reply to XLA
Comments on Order 207, May 7, 2009. The motion
is granted.
13 Public Representative Comments in Reply to
the United States Postal Service Notice of Filing
Revised Information Under 39 CFR 3015.5(c)(1),
May 20, 2009 (Public Representative Reply
Comments). The Public Representative filed an
accompanying Motion of the Public Representative
for Late Acceptance of Reply to the United States
Postal Service’s Notice of Filing Revised
Information Under 39 CFR 3015.5(c)(1), May 20,
2009. The motion is granted.
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a result, he maintains that the
Agreement appears to be in compliance
with 39 U.S.C. 3633.
XLA’s comments focus on section
407(e)(2) of title 39 regarding
application of customs laws to
shipments of competitive products by
the Postal Service and similar
shipments by private companies. XLA
Comments at 1. XLA contends that the
Postal Service has singular customs
advantages for all international mail. It
objects to adding the Royal Mail
Inbound Air Parcel Post Agreement to
the Competitive Products List. Id. XLA
requests that the Commission reject the
Postal Service request until a single
customs clearance process has been
adopted or, alternatively, condition
approval of the request on Postal
Service using the commercial custom
clearance process applicable to
competing inbound international parcel
delivery services. Id. at 2.
In its reply, the Postal Service
contends that XLA raises similar claims
to those filed by International Transit
Solutions, Inc. to Order No. 141
regarding Docket No. MC2009–10.
Postal Service Reply Comments at 1. It
argues that the Commission has
previously ruled that such comments
(relative to customs issues) are outside
the scope of the rate and classification
proceedings. Id. at 1–2. Further, the
Postal Service incorporates by reference
its previous responses to the comments
made by International Transit Solutions
and, in addition, argues that this
proceeding does not implicate customs
procedures. Id. at 3.
In its reply to the Postal Service, XLA
contends that its comments are
distinguishable from its earlier
comments since it has not cited any
regulatory advantages attributed to the
Postal Service in the instant case. XLA
Reply Comments at 1. XLA takes issue
with Postal Service comments that
section 407(e)(2) is being implemented
and offers its view that the PAEA ‘‘has
interconnected parts [which] must be
applied evenly and simultaneously as
written’’. Id. at 2.
III. Commission Analysis
The Commission has reviewed the
Request, the Agreement, the financial
analysis filed under seal, and the
comments filed by all parties.
Statutory requirements. The
Commission’s statutory responsibilities
in this instance entail assigning the
Royal Mail Inbound Air Parcel Post
Agreement to either the Market
Dominant Product List or the
Competitive Product List. 39 U.S.C.
3642. As part of this responsibility, the
Commission also reviews the proposal
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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 Royal
Mail Inbound Air Parcel Post Agreement
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 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 or decrease
service without the risk of losing
volume to private companies. It
indicates that if it increases prices, it
risks losing inbound United Kingdomorigin volume to a private competitor in
the international shipping industry.
Request, Attachment 1, para. (d). The
Postal Service also contends that it may
not decrease quality or output without
risking the loss of business to
competitors that offer similar
international parcel delivery services.
Id. It further states that this Agreement
has been classified as competitive
because of its exclusion from the letter
monopoly and the level of competition
in the relevant market. Id.
The Postal Service notes that even
though some incoming parcels subject
to this Agreement may contain letters,
the prices paid under the Agreement are
six times the rate for the first ounce of
a First-Class Mail letter and are
expected to weigh more than 12.5
ounces. Id. at para. (e). It also remarks
that the Royal Mail Group and its
customers find the terms and conditions
of the Agreement satisfactory since it is
aware of competitors offering similar
services. Id. at para. (g). The Postal
Service states that the market for
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expedited delivery services is highly
competitive and the addition of the
Agreement should have minimal if any
impact on small business concerns. It
observes that Royal Mail’s small
business customers will have an
additional option for shipping articles to
the United States and small businesses
in this country will benefit from being
able to receive shipments from the
United Kingdom. Therefore, the Postal
Service concludes the net impact on
small business should be positive. Id. at
para. (h).
The Public Representative supports
the proposed classification of Royal
Mail Inbound Air Parcel Post Agreement
as a competitive product. Public
Representative Reply Comments at 1.
As noted above, XLA opposes adding
the instant Agreement to the
Competitive Product List on the grounds
that the Postal Service receives
preferential customs clearance
processing. XLA Comments at 1. The
issue raised by XLA is beyond the scope
of this proceeding. The issues presented
by the Postal Service’s filing are
whether the proposed Agreement is
consistent with the policies of sections
3632, 3633, and 3642 of title 39.14 The
issue raised by XLA does not implicate
changes to the Mail Classification
Schedule.
Having considered the statutory
requirements, the support offered by the
Postal Service, and all comments, the
Commission finds that the Royal Mail
Inbound Air Parcel Post Agreement is
appropriately classified as a competitive
product and should be added to the
Competitive Product List.15
Cost considerations. The Postal
Service presents a financial analysis
showing that Royal Mail Inbound Air
Parcel Post results in cost savings while
ensuring that the Agreement covers its
attributable costs, does not result in
subsidization of competitive products
by market dominant products, and
increases contribution from competitive
products.
Based on the data submitted, the
Commission finds that the Royal Mail
Inbound Air Parcel Post Agreement
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
14 See
Public Representative Comments at 2.
Docket No. RM2007–1, the Commission
previously accepted and considered comments from
multiple parties (XLA included) on the
categorization of classes of products, including
outbound international mail. See PRC Order No. 43,
Order Establishing Ratemaking Regulations For
Market Dominant and Competitive Products,
October 29, 2007. In that docket, XLA argued that
outbound and inbound international mail should be
categorized as competitive. Id. at 85.
15 In
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(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 Royal
Mail Inbound Air Parcel Post Agreement
indicates that it comports with the
provisions applicable to rates for
competitive products.
Other considerations. The Postal
Service shall promptly notify the
Commission of the termination date of
the Agreement. If the Agreement
terminates earlier than anticipated, the
Postal Service shall inform the
Commission prior to the new
termination date. The Commission will
then remove the product from the Mail
Classification Schedule at the earliest
possible opportunity.
In conclusion, the Commission
approves the Royal Mail Inbound Air
Parcel Post Agreement 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.
It is Ordered:
1. Royal Mail Inbound Air Parcel Post
Agreement (MC2009–24 and CP2009–
28) is added to the Competitive Product
List as a new product under Priority
Mail, Inbound Air Parcel Post.
2. The Postal Service shall notify the
Commission of the scheduled
termination date and update the
Commission if the termination date
occurs prior to that date, as discussed in
this Order.
3. The Secretary shall arrange for
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.
Judith M. Grady,
Acting Secretary.
For the reasons stated in the preamble,
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 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
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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
Inbound International
Canada Post—United States Postal Service
Contractual Bilateral Agreement for
Inbound Market Dominant Services
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
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[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
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[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
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
Royal Mail Group Inbound Air Parcel Post
Agreement
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 Contract 3 (MC2009–15 and
CP2009–21)
Express Mail & Priority Mail Contract 1
(MC2009–6 and CP2009–7)
VerDate Nov<24>2008
14:50 Jun 03, 2009
Jkt 217001
Express Mail & Priority Mail Contract 2
(MC2009–12 and CP2009–14)
Express Mail & Priority Mail Contract 3
(MC2009–13 and CP2009–17)
Express Mail & Priority Mail Contract 4
(MC2009–17 and CP2009–24)
Express Mail & Priority Mail Contract 5
(MC2009–18 and CP2009–25)
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)
Priority Mail Contract 5 (MC2009–21 and
CP2009–26)
Outbound International
Global Direct Contracts (MC2009–9,
CP2009–10, and CP2009–11)
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 International
Inbound Direct Entry Contracts With
Foreign Postal Administrations
(MC2008–6, CP2008–14 and CP2008–15)
International Business Reply Service
Competitive Contract 1 (MC2009–14 and
CP2009–20)
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 00023
Fmt 4700
Sfmt 4700
26793
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. E9–13046 Filed 6–3–09; 8:45 am]
BILLING CODE 7710–FW–P
NATIONAL SCIENCE FOUNDATION
45 CFR Part 681
RIN 3145–AA50
Program Fraud Civil Remedies Act
National Science Foundation.
Final rule.
AGENCY:
ACTION:
SUMMARY: This final rule implements
the Program Fraud Civil Remedies Act
of 1986 (PFCRA), which authorizes NSF
to impose, through administrative
adjudication, civil penalties and
assessments against any person who
makes, submits, or presents, or causes to
be made, submitted, or presented, a
false, fictitious, or fraudulent claim or
written statement to the agency. The
regulations establish the procedures that
NSF will follow in implementing
PFCRA, and specify the hearing and
appeal rights of persons subject to
penalties and assessments under
PFCRA.
DATES: Effective Date: These regulations
are effective July 6, 2009.
FOR FURTHER INFORMATION CONTACT: Eric
S. Gold, Assistant General Counsel,
Office of the General Counsel, National
Science Foundation, 4201 Wilson
Boulevard, Room 1265, Arlington,
Virginia 22230, Telephone: 703–292–
8060.
SUPPLEMENTARY INFORMATION:
Background
In October 1986, Congress enacted the
Program Fraud Civil Remedies Act,
Public Law 99–509 (codified at 31
U.S.C. 3801–3812) to establish an
administrative remedy against any
E:\FR\FM\04JNR1.SGM
04JNR1
]]>Agencies
[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Rules and Regulations]
[Pages 26789-26793]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13046]
=======================================================================
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket Nos. MC2009-24, CP2009-28; Order No. 218]
New Postal Product
AGENCY: Postal Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
The Commission is adding the Postal Service's Royal Mail Inbound
Air Parcel Post Agreement negotiated service agreement to the
Competitive Product List. This action is consistent with changes in a
recent law governing postal operations. Republication of the lists of
market dominant and competitive products is also consistent with new
requirements in the law.
DATES: Effective June 4, 2009 and is applicable beginning May 29, 2009.
ADDRESSES: Submit comments electronically via the Commission's Filing
Online system at https://www.prc.gov.
[[Page 26790]]
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
202-789-6820 and stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
On April 21, 2009, the Postal Service filed a formal request
pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add the Royal
Mail Inbound Air Parcel Post Agreement (Agreement) to the Competitive
Product List.\1\ The Postal Service asserts that the Governors have
established a price and classification ``not of general applicability''
within the meaning of 39 U.S.C. 3632(b)(3). Id. at 1. This Request has
been assigned Docket No. MC2009-24.
---------------------------------------------------------------------------
\1\ Request of the United States Postal Service to Add Royal
Mail Inbound Air Parcel Post Agreement to the Competitive Products
List and Notice of Filing (Under Seal) Contract and Enabling
Governors' Decision, April 21, 2009 (Request).
---------------------------------------------------------------------------
The Postal Service contemporaneously filed the Agreement related to
the proposed new product pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR
3015.5. Id. The Agreement has been assigned Docket No. CP2009-28.
In support of its Request, the Postal Service filed the following
materials: (1) A statement of supporting justification as required by
39 CFR 3020.32; \2\ (2) Governors' Decision No. 09-5 authorizing the
new product which includes a certification of the vote, requested
changes in the Mail Classification Schedule (MCS) product list, an
analysis of the Agreement, a certification of compliance with 39 U.S.C.
3633(a); \3\ and (3) a redacted version of the Agreement.\4\ An
additional certification of compliance with 39 U.S.C. 3633(a) is
included to reflect changes in the estimated amount of inward land rate
payments in 2010 due to revisions to the payment structure under the
Universal Postal Union's Parcel Post Regulations that will become
effective on January 1, 2010.\5\ Substantively, the Request seeks to
add the Royal Mail Inbound Air Parcel Post Agreement to the Competitive
Product List. Id. at 1-2.
---------------------------------------------------------------------------
\2\ Attachment 1 to the Request.
\3\ Attachment 2 to the Request.
\4\ Attachment 3 to the Request.
\5\ Attachment 4 to the Request.
---------------------------------------------------------------------------
In the statement of supporting justification, Giselle Valera,
Executive Director, Global Finance and Business Analysis, asserts that
the service to be provided under the Agreement will cover its
attributable costs, make a positive contribution to institutional
costs, and increase contribution toward the requisite 5.5 percent of
the Postal Service's total institutional costs. Id., Attachment 1.
Thus, Ms. Valera contends there will be no issue of subsidization of
competitive products by market dominant products as a result of this
Agreement. Id. W. Ashley Lyons, Manager, Corporate Financial Planning,
Finance Department, certifies that the Agreement complies with 39
U.S.C. 3633(a). See id., Attachment C.
The Postal Service filed much of the supporting materials,
including the unredacted Governors' Decision and the unredacted
Agreement, under seal. In its Request, the Postal Service maintains
that portions of the Agreement with prices, terms and conditions along
with related financial information, and portions of the accompanying
analyses that provide prices, or financial projections, should remain
confidential. Id. at 2-3.
In Order No. 207, the Commission gave notice of the two dockets,
appointed a public representative, and provided the public with an
opportunity to comment.\6\
---------------------------------------------------------------------------
\6\ PRC Order No. 207, Notice and Order Concerning Royal Mail
Inbound Air Parcel Post Negotiated Service Agreement, April 27, 2009
(Order No. 207).
---------------------------------------------------------------------------
On May 12, 2009, the Postal Service filed revised information
relating to two changes that occurred subsequent to the filing of its
Request.\7\ The first change corrects certain discrepancies in
Transportation Cost Systems (TRACS) data filed by the Postal Service in
Docket No. ACR2008. In the FY 2008 Annual Compliance Determination, the
Commission found minor discrepancies in the TRACS data used to
distribute FY 2008 highway transportation costs to a few international
products. Revised Notice at 1-2. On April 30, 2009, the Postal Service
filed corrected data in Library Reference USPS-FY08-NP37 in Docket No.
ACR2008, explaining that the discrepancies were inadvertent.
---------------------------------------------------------------------------
\7\ Notice of United States Postal Service of Filing Revised
Information Under 39 CFR 3015.5(c)(1), May 12, 2009 (Revised
Notice).
---------------------------------------------------------------------------
The second change concerns a reduction in the inward land rates
applicable for Universal Postal Union (UPU) air parcels tendered by
foreign posts to the United States beginning on July 1, 2009.\8\ The
reduction is due to the denial of a bonus payment to the Postal Service
for the delivery of inbound UPU parcels starting July 1, 2009. The
Postal Service believes that the denial is in error and is appealing
it. In the interim, however, the Postal Service revised financial
information showing effects of the reduced inward land rates.
---------------------------------------------------------------------------
\8\ Inward land rates are charges posts pay each other for
delivery of incoming parcels. The Postal Service indicates that
inward land rates are based on a rate formula prescribed by the
UPU's Postal Operations Council. Alternatively, countries may
negotiate rates with other UPU members. Id. at 2, n.1.
---------------------------------------------------------------------------
The Postal Service concludes that the revised financial information
does not adversely affect the cost coverage of the Royal Mail Agreement
and the Agreement is still in compliance with all applicable statutory
and regulatory requirements. Id. at 3.
II. Comments
Comments were filed by the Public Representative,\9\ and Express
Delivery and Logistics Association (XLA).\10\ The Postal Service filed
a reply to the comments of XLA,\11\ and XLA filed reply comments to the
Postal Service comments.\12\ The Public Representative filed reply
comments to the revised Notice filed by the Postal Service.\13\
---------------------------------------------------------------------------
\9\ Public Representative Comments in Response to United States
Postal Service Request To Add Royal Mail Inbound Air Parcel Post
Agreement to the Competitive Product List, May 5, 2009 (Public
Representative Comments).
\10\ Comments of Express Delivery and Logistics Association
Pursuant to PRC Order 207, May 5, 2009 (XLA Comments).
\11\ Reply of the United States Postal Service to Comments by
the Express Delivery and Logistics Association in Response to Order
No. 207, May 6, 2009 (Postal Service Reply Comments).
\12\ Final Reply of XLA to Reply by the United States Postal
Service Pursuant to XLA's Comments Pursuant to PRC Order 207, May 7,
2009 (XLA Reply Comments). XLA also filed an accompanying Motion of
Express Delivery and Logistics Association for Late Acceptance of
Comments on United States Postal Service Reply to XLA Comments on
Order 207, May 7, 2009. The motion is granted.
\13\ Public Representative Comments in Reply to the United
States Postal Service Notice of Filing Revised Information Under 39
CFR 3015.5(c)(1), May 20, 2009 (Public Representative Reply
Comments). The Public Representative filed an accompanying Motion of
the Public Representative for Late Acceptance of Reply to the United
States Postal Service's Notice of Filing Revised Information Under
39 CFR 3015.5(c)(1), May 20, 2009. The motion is granted.
---------------------------------------------------------------------------
The Public Representative states that the Postal Service's filing
complies with applicable Commission rules of practice and procedure,
and concludes that the Royal Mail Inbound Air Parcel Post Agreement
comports with the requirements of title 39. Public Representative
Comments at 1 and 4. The Public Representative determines that the
Postal Service has provided adequate justification for maintaining
confidentiality in this case. Id. at 3. He also states that the
Agreement appears beneficial to the general public. Id. at 1.
The Public Representative also commented on the Postal Service's
revised information, concluding that the instant Agreement appears to
have more than adequate cost coverage. Public Representative Reply
Comments at 2. As
[[Page 26791]]
a result, he maintains that the Agreement appears to be in compliance
with 39 U.S.C. 3633.
XLA's comments focus on section 407(e)(2) of title 39 regarding
application of customs laws to shipments of competitive products by the
Postal Service and similar shipments by private companies. XLA Comments
at 1. XLA contends that the Postal Service has singular customs
advantages for all international mail. It objects to adding the Royal
Mail Inbound Air Parcel Post Agreement to the Competitive Products
List. Id. XLA requests that the Commission reject the Postal Service
request until a single customs clearance process has been adopted or,
alternatively, condition approval of the request on Postal Service
using the commercial custom clearance process applicable to competing
inbound international parcel delivery services. Id. at 2.
In its reply, the Postal Service contends that XLA raises similar
claims to those filed by International Transit Solutions, Inc. to Order
No. 141 regarding Docket No. MC2009-10. Postal Service Reply Comments
at 1. It argues that the Commission has previously ruled that such
comments (relative to customs issues) are outside the scope of the rate
and classification proceedings. Id. at 1-2. Further, the Postal Service
incorporates by reference its previous responses to the comments made
by International Transit Solutions and, in addition, argues that this
proceeding does not implicate customs procedures. Id. at 3.
In its reply to the Postal Service, XLA contends that its comments
are distinguishable from its earlier comments since it has not cited
any regulatory advantages attributed to the Postal Service in the
instant case. XLA Reply Comments at 1. XLA takes issue with Postal
Service comments that section 407(e)(2) is being implemented and offers
its view that the PAEA ``has interconnected parts [which] must be
applied evenly and simultaneously as written''. Id. at 2.
III. Commission Analysis
The Commission has reviewed the Request, the Agreement, the
financial analysis filed under seal, and the comments filed by all
parties.
Statutory requirements. The Commission's statutory responsibilities
in this instance entail assigning the Royal Mail Inbound Air Parcel
Post Agreement to either the Market Dominant Product List or 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 Royal
Mail Inbound Air Parcel Post Agreement 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 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 or decrease service without the risk of losing volume to private
companies. It indicates that if it increases prices, it risks losing
inbound United Kingdom-origin volume to a private competitor in the
international shipping industry. Request, Attachment 1, para. (d). The
Postal Service also contends that it may not decrease quality or output
without risking the loss of business to competitors that offer similar
international parcel delivery services. Id. It further states that this
Agreement has been classified as competitive because of its exclusion
from the letter monopoly and the level of competition in the relevant
market. Id.
The Postal Service notes that even though some incoming parcels
subject to this Agreement may contain letters, the prices paid under
the Agreement are six times the rate for the first ounce of a First-
Class Mail letter and are expected to weigh more than 12.5 ounces. Id.
at para. (e). It also remarks that the Royal Mail Group and its
customers find the terms and conditions of the Agreement satisfactory
since it is aware of competitors offering similar services. Id. at
para. (g). The Postal Service states that the market for expedited
delivery services is highly competitive and the addition of the
Agreement should have minimal if any impact on small business concerns.
It observes that Royal Mail's small business customers will have an
additional option for shipping articles to the United States and small
businesses in this country will benefit from being able to receive
shipments from the United Kingdom. Therefore, the Postal Service
concludes the net impact on small business should be positive. Id. at
para. (h).
The Public Representative supports the proposed classification of
Royal Mail Inbound Air Parcel Post Agreement as a competitive product.
Public Representative Reply Comments at 1.
As noted above, XLA opposes adding the instant Agreement to the
Competitive Product List on the grounds that the Postal Service
receives preferential customs clearance processing. XLA Comments at 1.
The issue raised by XLA is beyond the scope of this proceeding. The
issues presented by the Postal Service's filing are whether the
proposed Agreement is consistent with the policies of sections 3632,
3633, and 3642 of title 39.\14\ The issue raised by XLA does not
implicate changes to the Mail Classification Schedule.
---------------------------------------------------------------------------
\14\ See Public Representative Comments at 2.
---------------------------------------------------------------------------
Having considered the statutory requirements, the support offered
by the Postal Service, and all comments, the Commission finds that the
Royal Mail Inbound Air Parcel Post Agreement is appropriately
classified as a competitive product and should be added to the
Competitive Product List.\15\
---------------------------------------------------------------------------
\15\ In Docket No. RM2007-1, the Commission previously accepted
and considered comments from multiple parties (XLA included) on the
categorization of classes of products, including outbound
international mail. See PRC Order No. 43, Order Establishing
Ratemaking Regulations For Market Dominant and Competitive Products,
October 29, 2007. In that docket, XLA argued that outbound and
inbound international mail should be categorized as competitive. Id.
at 85.
---------------------------------------------------------------------------
Cost considerations. The Postal Service presents a financial
analysis showing that Royal Mail Inbound Air Parcel Post results in
cost savings while ensuring that the Agreement covers its attributable
costs, does not result in subsidization of competitive products by
market dominant products, and increases contribution from competitive
products.
Based on the data submitted, the Commission finds that the Royal
Mail Inbound Air Parcel Post Agreement 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
[[Page 26792]]
(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 Royal Mail Inbound
Air Parcel Post Agreement indicates that it comports with the
provisions applicable to rates for competitive products.
Other considerations. The Postal Service shall promptly notify the
Commission of the termination date of the Agreement. If the Agreement
terminates earlier than anticipated, the Postal Service shall inform
the Commission prior to the new termination date. The Commission will
then remove the product from the Mail Classification Schedule at the
earliest possible opportunity.
In conclusion, the Commission approves the Royal Mail Inbound Air
Parcel Post Agreement 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.
It is Ordered:
1. Royal Mail Inbound Air Parcel Post Agreement (MC2009-24 and
CP2009-28) is added to the Competitive Product List as a new product
under Priority Mail, Inbound Air Parcel Post.
2. The Postal Service shall notify the Commission of the scheduled
termination date and update the Commission if the termination date
occurs prior to that date, as discussed in this Order.
3. The Secretary shall arrange for 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.
Judith M. Grady,
Acting Secretary.
0
For the reasons stated in the preamble, 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 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
Inbound International
Canada Post--United States Postal Service Contractual Bilateral
Agreement for Inbound Market Dominant Services
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
[[Page 26793]]
[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
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
Royal Mail Group Inbound Air Parcel Post Agreement
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 Contract 3 (MC2009-15 and CP2009-21)
Express Mail & Priority Mail Contract 1 (MC2009-6 and CP2009-7)
Express Mail & Priority Mail Contract 2 (MC2009-12 and CP2009-
14)
Express Mail & Priority Mail Contract 3 (MC2009-13 and CP2009-
17)
Express Mail & Priority Mail Contract 4 (MC2009-17 and CP2009-
24)
Express Mail & Priority Mail Contract 5 (MC2009-18 and CP2009-
25)
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)
Priority Mail Contract 5 (MC2009-21 and CP2009-26)
Outbound International
Global Direct Contracts (MC2009-9, CP2009-10, and CP2009-11)
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 International
Inbound Direct Entry Contracts With Foreign Postal
Administrations (MC2008-6, CP2008-14 and CP2008-15)
International Business Reply Service Competitive Contract 1
(MC2009-14 and CP2009-20)
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. E9-13046 Filed 6-3-09; 8:45 am]
BILLING CODE 7710-FW-P
