International Mail, 41791-41794 [E9-19855]
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Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Rules and Regulations
Matagorda County, Texas. The deviation
is necessary for continued maintenance
of the bridge. This deviation allows the
bridge to remain closed to navigation.
Dated: August 9, 2009.
David M. Frank,
Bridge Administrator.
[FR Doc. E9–19823 Filed 8–18–09; 8:45 am]
DATES: This deviation is effective from
6 a.m. through 5 p.m. on September 2,
2009.
BILLING CODE 4910–15–P
Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2009–
0689 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–0689 in the ‘‘Keyword’’
box and then clicking ‘‘Search’’. They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Lindsey Middleton, Bridge
Administration Branch, Coast Guard;
telephone 504–671–2128, e-mail
Lindsey.R.Middleton@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
The Texas
Department of Transportation has
requested a temporary deviation for the
FM 457 pontoon drawbridge across the
Gulf Intracoastal Waterway, mile 418.0,
west of Harvey Locks, near Sargent,
Matagorda County, Texas. They
requested the temporary deviation for
scheduled maintenance on the bridge.
Currently, according to 33 CFR 117.5,
the drawbridge opens on signal for the
passage of vessels. The temporary
deviation would allow the bridge to
remain closed to navigation from 9 a.m.
until 6 p.m. on Wednesday, September
2, 2009. The bridge has no vertical
clearance in the closed-to-navigation
position and has unlimited clearance in
the open-to-navigation position.
Navigation on the waterway consists of
tugs with tows, fishing vessels, sailing
vessels, and other recreational craft.
This work is essential for the continued
operation of the draw span. This request
has been coordinated with waterway
user groups and the local Coast Guard
office.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
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SUPPLEMENTARY INFORMATION:
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POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket No. CP2009–49; Order No. 268]
International Mail
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Commission is making
changes to the Competitive Product List,
including adding a Global Plus 2
contract. This 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
requirements in the new law.
DATES: Effective August 19, 2009 and is
applicable beginning July 31, 2009.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman at 202–789–6820
or stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION: Regulatory
History, 74 FR 35898 (July 21, 2009).
I. Introduction
II. Background
III. Comments
IV. Commission Analysis
V. Ordering Paragraphs
I. Introduction
The Postal Service proposes to add a
specific Global Plus 2 contract to the
Global Plus Contract product
established in Docket No. MC2008–7.
For the reasons discussed below, the
Commission approves the Postal
Service’s proposal.
II. Background
On July 13, 2009, the Postal Service
filed a notice, pursuant to 39 CFR
3015.5, announcing that it has entered
into two additional Global Plus 2
contracts, which it states fit within the
previously established Global Plus 2
Contracts product.1 The Postal Service
states that each contract is functionally
equivalent to previously submitted
1 Notice of the United States Postal Service of
Filing Two Functionally Equivalent Global Plus 2
Negotiated Service Agreements, July 13, 2009
(Notice). While the Notice was filed jointly in
Docket Nos. CP2009–48 and CP2009–49, the
Commission will address the issues in these
dockets in separate orders. The Postal Service
requests that the two contracts be included in the
Global Plus 2 product, and ‘‘that they be considered
the new ‘baseline’ contracts for future functional
equivalency analyses....’’ Id. at 2.
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41791
Global Plus 2 contracts, are filed in
accordance with Order No. 112 2 and are
supported by Governors’ Decision No.
08–10 filed in Docket No. MC2008–7.3
Notice at 1.
The Notice also states that in Docket
No. MC2008–7, the Governors
established prices and classifications for
competitive products not of general
applicability for Global Plus Contracts.
The Postal Service relates that the
instant contract is the immediate
successor contract to the contract in
Docket No. CP2008–17, which will
expire soon, and which the Commission
found to be functionally equivalent in
Order No. 112.
The Postal Service contends that the
instant contract should be included
within the Global Plus 2 product on the
Competitive Product List. Id.
In support, the Postal Service has
filed a redacted version of the contract
and related materials as Attachment 1–
A. A redacted version of the certified
statement required by 39 CFR 3015.5 is
included as Attachment 2–A. The Postal
Service states that the contract should
be included within the Global Plus 2
product and requests that the instant
contract be considered the ‘‘baseline
contract[s] for future functional
equivalency analyses concerning this
product.’’ Id. at 2.
The Postal Service filed the instant
contract pursuant to 39 CFR 3015.5. The
contract becomes effective August 1,
2009, unless regulatory reviews affect
that date, and have a one-year term.
The Postal Service maintains that
certain portions of each contract and
certified statement required by 39 CFR
3015.5(c)(2), containing names and
identifying information of the Global
Plus 2 customer, related financial
information, portions of the certified
statement which contain costs and
pricing as well as the accompanying
analyses that provide prices, terms,
conditions, and financial projections
should remain under seal. Id. at 3.
The Postal Service asserts the contract
is functionally equivalent with the
contract filed in Docket No. CP2009–49
because they share similar cost and
market characteristics. It contends that
they should be classified as a single
product. Id. It states that while the
existing contracts filed in Docket Nos.
2 See Docket Nos. MC2008–7, CP2008–16 and
CP2008–17, Order Concerning Global Plus 2
Negotiated Service Agreements, October 3, 2008
(Order No. 112).
3 See Docket Nos. MC2008–7, CP2008–16 and
CP2008–17, Decision of the Governors of the United
States Postal Service on the Establishment of Prices
and Classification for Global Direct, Global Bulk
Economy, and Global Plus Contracts, July 16, 2008
(Governors’ Decision 08–10).
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Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Rules and Regulations
CP2008–16 and CP2008–17 exhibited
minor distinctions, the new contracts
are identical to one another. Id. at 4.
The instant contract is with the same
Postal Qualified Wholesalers (PQW) as
in Docket No. CP2008–17. Even though
some terms and conditions of the
contract have changed, the Postal
Service states that the essence of the
service to the PQW customers is offering
price-based incentives to commit large
amounts of mail volume or postage
revenue for Global Bulk Economy (GBE)
and Global Direct (GD).4
The Postal Service indicates that the
instant contract has material differences
which include removal of retroactivity
provisions; explanations of price
modification as a result of currency rate
fluctuations or postal administration
fees; removal of language on
enforcement of mailing requirements;
and restructuring of price incentives,
commitments, penalties and
clarification of continuing contractual
obligations in the event of termination.
The Postal Service maintains these
differences only add detail or amplify
processes included in prior Global Plus
2 contracts. It contends because the
instant contract has the same cost
attributes and methodology as well as
similar cost and market characteristics,
the differences do not affect the
fundamental service being offered or the
essential structure of the contract. Id. at
8. Therefore, it asserts these contracts
are ‘‘functionally equivalent in all
pertinent respects.’’ Id. at 8.
In Order No. 250, the Commission
gave notice of the filing, appointed a
Public Representative, and provided the
public with an opportunity to
comment.5
On July 23, 2009, Chairman’s
Information Request No. 1 (CHIR No. 1)
was issued with responses due by July
28, 2009. On July 28, 2009, the Postal
Service provided its responses to CHIR
No. 1.
III. Comments
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Comments were filed by the Public
Representative.6 No other interested
parties submitted comments. The Public
Representative states the contract
4 The Postal Service states the commitments also
account for International Priority Airmail (IPA),
International Surface Air Lift (ISAL), Express Mail
International (EMI), and Priority Mail International
(PMI) items mailed under a separate but related
Global Plus 1 contract with each customer. The
Global Plus 1 contracts are the subject of a separate
competitive products proceeding.
5 Notice of Filing of Two Functionally Equivalent
Global Plus 2 Negotiated Service Agreements, July
16, 2009 (Order No. 250).
6 Public Representative Comments in Response to
Order No. 250, July 23, 2009 (Public Representative
Comments).
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appears to satisfy the statutory criteria,
but because he believes there are
ambiguities in the cost methodology, his
response is not an unqualified
recommendation in support of the
contract’s approval. Id. at 2. He notes
that relevant provisions of 39 U.S.C.
3632, 3633 and 3642 appear to be met
by these additional Global Plus 2
contracts. Id. The Public Representative
states that he believes the contracts are
functionally equivalent to the existing
Global Plus Contracts product. He also
determines that the Postal Service has
provided greater transparency and
accessibility in its filings. Id. at 3.
The Public Representative notes that
the general public benefits from the
availability of these contracts in several
ways: Well prepared international mail
adds increased efficiency in the
mailstream, enhanced volume results in
timeliness in outbound shipments to all
countries including those with small
volume, and the addition of shipping
options may result in expansion of mail
volumes, particularly with the
incentives for PQWs to promote the use
of outbound international shipping
resulting in expansion of these services
for the Postal Service. Id. at 4.
Finally, he discusses the need for selfcontained docket filings. In particular,
he notes that the instant contract relies
on data from the most recent
International Cost and Revenue
Analysis (ICRA), which was filed in
another docket. He suggest that the
Postal Service identify the location of
the ICRA utilized and cited in that
docket. Id. at 6.
IV. Commission Analysis
The Postal Service proposes to add an
additional contract under the Global
Plus Contracts product that was created
in Docket No. MC2008–7. As filed, this
docket presents two issues for the
Commission to consider: (1) Whether
the contract satisfies 39 U.S.C. 3633,
and (2) whether the contract is
functionally equivalent to previously
reviewed Global Plus 2 contracts. In
reaching its conclusions, the
Commission has reviewed the Notice,
the contract and the financial analyses
provided under seal, supplemental
information, and the Public
Representative’s comments.
Statutory requirements. The Postal
Service contends that the instant
contract and supporting documents
filed in this docket establish compliance
with the statutory provisions applicable
to rates for competitive products (39
U.S.C. 3633). Notice at 2.
J. Ron Poland, Manager, Statistical
Programs, Finance Department asserts
Governors’ Decision No. 08–10 for
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Global Plus Contracts establishes price
floor and ceiling formulas issued on July
16, 2008. He certifies that the pricing in
the instant contract meets the
Governors’ pricing formula and meets
the criteria of 39 U.S.C. 3633(a)(1), (2)
and (3). He further states that the prices
demonstrate that the contract and the
included ancillary services should cover
their attributable costs, preclude the
subsidization of competitive products
by market dominant products, and
should not impair the ability of
competitive products on the whole to
cover an appropriate share of
institutional costs. Notice, Attachment
2–A.
For his part, the Public Representative
indicates that the contract appears to
satisfy 39 U.S.C. 3633. Public
Representative Comments at 1–3.
Based on the data submitted,
including the supplemental
information, the Commission finds that
the contract should cover its attributable
costs (39 U.S.C. 3633(a)(2)), should not
lead to the subsidization of competitive
products by market dominant products
(39 U.S.C. 3633(a)(1)), and should have
a positive effect on competitive
products’ contribution to institutional
costs (39 U.S.C. 3633(a)(3)). Thus, an
initial review of the contract indicates
that it comports with the provisions
applicable to rates for competitive
products.
Functional equivalence. The Postal
Service asserts that the instant contract
is functionally equivalent to the contract
filed in the companion proceeding,
Docket No. CP2009–49, as well as with
Global Plus 2 contracts filed previously
because they share similar cost and
market characteristics. Notice at 4. The
Postal Service states that the customers
under the existing and proposed
contracts are the same. In addition, it
notes that existing contracts exhibited
some differences, the contracts
proposed in Docket Nos. CP2009–48
and CP2009–49 are identical. Id.
Having reviewed the contracts filed in
the instant proceeding and in Docket
No. CP2009–49, and the Postal Service’s
justification, the Commission finds that
the two contracts may be treated as
functionally equivalent.
New baseline. The Postal Service
requests that the contracts filed in
Docket Nos. CP2009–48 and 2009–49 be
included in the Global Plus 2 product
and ‘‘considered the new ‘baseline’
contracts for purposes of future
functional equivalency analyses
concerning this product.’’ Id. at 2.
Currently, the Global Plus 2 product
consists of two existing contracts that
will be superseded by the contracts in
Docket Nos. CP2009–48 and CP2009–49.
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Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Rules and Regulations
Under those circumstances, the new
contracts need not be designated as a
new product. Accordingly, the new
contracts in Docket Nos. CP2009–48 and
CP2009–49 will be included in the
Global Plus 2 product and become the
‘‘baseline’’ for future functional
equivalency analyses regarding that
product.
Other considerations. If the agreement
terminates earlier than anticipated, the
Postal Service shall promptly inform the
Commission of the new termination
date.
In conclusion, the Commission finds
that the negotiated service agreement
submitted in Docket No. CP2009–49 is
appropriately included within the
Global Plus 2 product.
V. Ordering Paragraphs
It is ordered:
1. The contract filed in Docket No.
CP2009–49 is included within the
Global Plus 2 product (MC2008–7 and
CP2009–49).
2. The existing Global Plus 2 product
(MC2008–7, CP2008–16 and CP2008–
17) is removed from the product list.
3. As discussed in the body of this
order, future contract filings which rely
on materials filed under seal in other
dockets should be self contained.
4. The Postal Service shall notify the
Commission if the termination date
changes as discussed in this order.
List of Subjects in 39 CFR Part 3020
Administrative practice and
procedure; Postal Service.
Issued: July 31, 2009.
By the Commission.
Judith M. Grady,
Acting Secretary.
For the reasons stated in the preamble,
under the authority at 39 U.S.C. 503, the
Postal Regulatory Commission amends
39 CFR part 3020 as follows:
■
PART 3020—PRODUCT LISTS
1. The authority citation for part 3020
continues to read as follows:
■
Authority: 39 U.S.C. 503; 3622; 3631;
3642; 3682.
2. Revise Appendix A to Subpart A of
Part 3020—Mail Classification Schedule
to read as follows:
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■
Appendix 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
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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
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41793
[Reserved for Class Description]
Within County Periodicals
[Reserved for Product Description]
Outside County Periodicals
[Reserved for Product Description]
Package Services
[Reserved for Class Description]
Single-Piece Parcel Post
[Reserved for Product Description]
Inbound Surface Parcel Post (at UPU rates)
[Reserved for Product Description]
Bound Printed Matter Flats
[Reserved for Product Description]
Bound Printed Matter Parcels
[Reserved for Product Description]
Media Mail/Library Mail
[Reserved for Product Description]
Special Services
[Reserved for Class Description]
Ancillary Services
[Reserved for Product Description]
Address Correction Service
[Reserved for Product Description]
Applications and Mailing Permits
[Reserved for Product Description]
Business Reply Mail
[Reserved for Product Description]
Bulk Parcel Return Service
[Reserved for Product Description]
Certified Mail
[Reserved for Product Description]
Certificate of Mailing
[Reserved for Product Description]
Collect on Delivery
[Reserved for Product Description]
Delivery Confirmation
[Reserved for Product Description]
Insurance
[Reserved for Product Description]
Merchandise Return Service
[Reserved for Product Description]
Parcel Airlift (PAL)
[Reserved for Product Description]
Registered Mail
[Reserved for Product Description]
Return Receipt
[Reserved for Product Description]
Return Receipt for Merchandise
[Reserved for Product Description]
Restricted Delivery
[Reserved for Product Description]
Shipper-Paid Forwarding
[Reserved for Product Description]
Signature Confirmation
[Reserved for Product Description]
Special Handling
[Reserved for Product Description]
Stamped Envelopes
[Reserved for Product Description]
Stamped Cards
[Reserved for Product Description]
Premium Stamped Stationery
[Reserved for Product Description]
Premium Stamped Cards
[Reserved for Product Description]
International Ancillary Services
[Reserved for Product Description]
International Certificate of Mailing
[Reserved for Product Description]
International Registered Mail
[Reserved for Product Description]
International Return Receipt
[Reserved for Product Description]
International Restricted Delivery
[Reserved for Product Description]
Address List Services
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CPrice-Sewell on DSK1DXX6B1PROD with RULES
[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
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 Contract 4 (MC2009–34 and
CP2009–45)
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)
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Express Mail & Priority Mail Contract 4
(MC2009–17 and CP2009–24)
Express Mail & Priority Mail Contract 5
(MC2009–18 and CP2009–25)
Express Mail & Priority Mail Contract 6
(MC2009–31 and CP2009–42)
Express Mail & Priority Mail Contract 7
(MC2009–32 and CP2009–43)
Express Mail & Priority Mail Contract 8
(MC2009–33 and CP2009–44)
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)
Priority Mail Contract 6 (MC2009–25 and
CP2009–30)
Priority Mail Contract 7 (MC2009–25 and
CP2009–31)
Priority Mail Contract 8 (MC2009–25 and
CP2009–32)
Priority Mail Contract 9 (MC2009–25 and
CP2009–33)
Priority Mail Contract 10 (MC2009–25 and
CP2009–34)
Priority Mail Contract 11 (MC2009–27 and
CP2009–37)
Priority Mail Contract 12 (MC2009–28 and
CP2009–38)
Priority Mail Contract 13 (MC2009–29 and
CP2009–39)
Priority Mail Contract 14 (MC2009–30 and
CP2009–40)
Outbound International
Direct Entry Parcels Contracts
Direct Entry Parcels 1 (MC2009–26 and
CP2009–36)
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 (CP2008–8, CP2008–46 and
CP2009–47)
Global Plus 2 (MC2008–7, CP2009–48 and
CP2009–49)
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)
[FR Doc. E9–19855 Filed 8–18–09; 8:45 am]
BILLING CODE 7710–FW–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2004–0285; FRL–8430–6]
1,2-ethanediamine, N,N,N ′,N ′tetramethyl-, polymer with 1,1′oxybis[2-chloroethane]; Exemption
from the Requirement of a Tolerance
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: This regulation establishes an
exemption from the requirement of a
tolerance under 40 CFR 180.920 for
residues of 1,2-ethanediamine,
N,N,N ′,N ′-tetramethyl-, polymer with
1,1′-oxybis[2-chloroethane] (CAS Reg.
No. 31075–24–8) when used as an inert
ingredient in pesticide formulations
applied to cotton or wheat crops only.
Buckman Laboratories International, Inc
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), requesting an exemption from
the requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of 1,2-ethanediamine,
N,N,N ′,N ′-tetramethyl-, polymer with
1,1′-oxybis[2-chloroethane].
DATES: This regulation is effective
August 19, 2009. Objections and
requests for hearings must be received
on or before October 19, 2009, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2004–0285. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
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]]>Agencies
[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Rules and Regulations]
[Pages 41791-41794]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19855]
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POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket No. CP2009-49; Order No. 268]
International Mail
AGENCY: Postal Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Commission is making changes to the Competitive Product
List, including adding a Global Plus 2 contract. This 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 requirements in the new law.
DATES: Effective August 19, 2009 and is applicable beginning July 31,
2009.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman at 202-789-6820 or
stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION: Regulatory History, 74 FR 35898 (July 21,
2009).
I. Introduction
II. Background
III. Comments
IV. Commission Analysis
V. Ordering Paragraphs
I. Introduction
The Postal Service proposes to add a specific Global Plus 2
contract to the Global Plus Contract product established in Docket No.
MC2008-7. For the reasons discussed below, the Commission approves the
Postal Service's proposal.
II. Background
On July 13, 2009, the Postal Service filed a notice, pursuant to 39
CFR 3015.5, announcing that it has entered into two additional Global
Plus 2 contracts, which it states fit within the previously established
Global Plus 2 Contracts product.\1\ The Postal Service states that each
contract is functionally equivalent to previously submitted Global Plus
2 contracts, are filed in accordance with Order No. 112 \2\ and are
supported by Governors' Decision No. 08-10 filed in Docket No. MC2008-
7.\3\ Notice at 1.
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\1\ Notice of the United States Postal Service of Filing Two
Functionally Equivalent Global Plus 2 Negotiated Service Agreements,
July 13, 2009 (Notice). While the Notice was filed jointly in Docket
Nos. CP2009-48 and CP2009-49, the Commission will address the issues
in these dockets in separate orders. The Postal Service requests
that the two contracts be included in the Global Plus 2 product, and
``that they be considered the new `baseline' contracts for future
functional equivalency analyses....'' Id. at 2.
\2\ See Docket Nos. MC2008-7, CP2008-16 and CP2008-17, Order
Concerning Global Plus 2 Negotiated Service Agreements, October 3,
2008 (Order No. 112).
\3\ See Docket Nos. MC2008-7, CP2008-16 and CP2008-17, Decision
of the Governors of the United States Postal Service on the
Establishment of Prices and Classification for Global Direct, Global
Bulk Economy, and Global Plus Contracts, July 16, 2008 (Governors'
Decision 08-10).
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The Notice also states that in Docket No. MC2008-7, the Governors
established prices and classifications for competitive products not of
general applicability for Global Plus Contracts. The Postal Service
relates that the instant contract is the immediate successor contract
to the contract in Docket No. CP2008-17, which will expire soon, and
which the Commission found to be functionally equivalent in Order No.
112.
The Postal Service contends that the instant contract should be
included within the Global Plus 2 product on the Competitive Product
List. Id.
In support, the Postal Service has filed a redacted version of the
contract and related materials as Attachment 1-A. A redacted version of
the certified statement required by 39 CFR 3015.5 is included as
Attachment 2-A. The Postal Service states that the contract should be
included within the Global Plus 2 product and requests that the instant
contract be considered the ``baseline contract[s] for future functional
equivalency analyses concerning this product.'' Id. at 2.
The Postal Service filed the instant contract pursuant to 39 CFR
3015.5. The contract becomes effective August 1, 2009, unless
regulatory reviews affect that date, and have a one-year term.
The Postal Service maintains that certain portions of each contract
and certified statement required by 39 CFR 3015.5(c)(2), containing
names and identifying information of the Global Plus 2 customer,
related financial information, portions of the certified statement
which contain costs and pricing as well as the accompanying analyses
that provide prices, terms, conditions, and financial projections
should remain under seal. Id. at 3.
The Postal Service asserts the contract is functionally equivalent
with the contract filed in Docket No. CP2009-49 because they share
similar cost and market characteristics. It contends that they should
be classified as a single product. Id. It states that while the
existing contracts filed in Docket Nos.
[[Page 41792]]
CP2008-16 and CP2008-17 exhibited minor distinctions, the new contracts
are identical to one another. Id. at 4.
The instant contract is with the same Postal Qualified Wholesalers
(PQW) as in Docket No. CP2008-17. Even though some terms and conditions
of the contract have changed, the Postal Service states that the
essence of the service to the PQW customers is offering price-based
incentives to commit large amounts of mail volume or postage revenue
for Global Bulk Economy (GBE) and Global Direct (GD).\4\
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\4\ The Postal Service states the commitments also account for
International Priority Airmail (IPA), International Surface Air Lift
(ISAL), Express Mail International (EMI), and Priority Mail
International (PMI) items mailed under a separate but related Global
Plus 1 contract with each customer. The Global Plus 1 contracts are
the subject of a separate competitive products proceeding.
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The Postal Service indicates that the instant contract has material
differences which include removal of retroactivity provisions;
explanations of price modification as a result of currency rate
fluctuations or postal administration fees; removal of language on
enforcement of mailing requirements; and restructuring of price
incentives, commitments, penalties and clarification of continuing
contractual obligations in the event of termination.
The Postal Service maintains these differences only add detail or
amplify processes included in prior Global Plus 2 contracts. It
contends because the instant contract has the same cost attributes and
methodology as well as similar cost and market characteristics, the
differences do not affect the fundamental service being offered or the
essential structure of the contract. Id. at 8. Therefore, it asserts
these contracts are ``functionally equivalent in all pertinent
respects.'' Id. at 8.
In Order No. 250, the Commission gave notice of the filing,
appointed a Public Representative, and provided the public with an
opportunity to comment.\5\
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\5\ Notice of Filing of Two Functionally Equivalent Global Plus
2 Negotiated Service Agreements, July 16, 2009 (Order No. 250).
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On July 23, 2009, Chairman's Information Request No. 1 (CHIR No. 1)
was issued with responses due by July 28, 2009. On July 28, 2009, the
Postal Service provided its responses to CHIR No. 1.
III. Comments
Comments were filed by the Public Representative.\6\ No other
interested parties submitted comments. The Public Representative states
the contract appears to satisfy the statutory criteria, but because he
believes there are ambiguities in the cost methodology, his response is
not an unqualified recommendation in support of the contract's
approval. Id. at 2. He notes that relevant provisions of 39 U.S.C.
3632, 3633 and 3642 appear to be met by these additional Global Plus 2
contracts. Id. The Public Representative states that he believes the
contracts are functionally equivalent to the existing Global Plus
Contracts product. He also determines that the Postal Service has
provided greater transparency and accessibility in its filings. Id. at
3.
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\6\ Public Representative Comments in Response to Order No. 250,
July 23, 2009 (Public Representative Comments).
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The Public Representative notes that the general public benefits
from the availability of these contracts in several ways: Well prepared
international mail adds increased efficiency in the mailstream,
enhanced volume results in timeliness in outbound shipments to all
countries including those with small volume, and the addition of
shipping options may result in expansion of mail volumes, particularly
with the incentives for PQWs to promote the use of outbound
international shipping resulting in expansion of these services for the
Postal Service. Id. at 4.
Finally, he discusses the need for self-contained docket filings.
In particular, he notes that the instant contract relies on data from
the most recent International Cost and Revenue Analysis (ICRA), which
was filed in another docket. He suggest that the Postal Service
identify the location of the ICRA utilized and cited in that docket.
Id. at 6.
IV. Commission Analysis
The Postal Service proposes to add an additional contract under the
Global Plus Contracts product that was created in Docket No. MC2008-7.
As filed, this docket presents two issues for the Commission to
consider: (1) Whether the contract satisfies 39 U.S.C. 3633, and (2)
whether the contract is functionally equivalent to previously reviewed
Global Plus 2 contracts. In reaching its conclusions, the Commission
has reviewed the Notice, the contract and the financial analyses
provided under seal, supplemental information, and the Public
Representative's comments.
Statutory requirements. The Postal Service contends that the
instant contract and supporting documents filed in this docket
establish compliance with the statutory provisions applicable to rates
for competitive products (39 U.S.C. 3633). Notice at 2.
J. Ron Poland, Manager, Statistical Programs, Finance Department
asserts Governors' Decision No. 08-10 for Global Plus Contracts
establishes price floor and ceiling formulas issued on July 16, 2008.
He certifies that the pricing in the instant contract meets the
Governors' pricing formula and meets the criteria of 39 U.S.C.
3633(a)(1), (2) and (3). He further states that the prices demonstrate
that the contract and the included ancillary services should cover
their attributable costs, preclude the subsidization of competitive
products by market dominant products, and should not impair the ability
of competitive products on the whole to cover an appropriate share of
institutional costs. Notice, Attachment 2-A.
For his part, the Public Representative indicates that the contract
appears to satisfy 39 U.S.C. 3633. Public Representative Comments at 1-
3.
Based on the data submitted, including the supplemental
information, the Commission finds that the contract should cover its
attributable costs (39 U.S.C. 3633(a)(2)), should not lead to the
subsidization of competitive products by market dominant products (39
U.S.C. 3633(a)(1)), and should have a positive effect on competitive
products' contribution to institutional costs (39 U.S.C. 3633(a)(3)).
Thus, an initial review of the contract indicates that it comports with
the provisions applicable to rates for competitive products.
Functional equivalence. The Postal Service asserts that the instant
contract is functionally equivalent to the contract filed in the
companion proceeding, Docket No. CP2009-49, as well as with Global Plus
2 contracts filed previously because they share similar cost and market
characteristics. Notice at 4. The Postal Service states that the
customers under the existing and proposed contracts are the same. In
addition, it notes that existing contracts exhibited some differences,
the contracts proposed in Docket Nos. CP2009-48 and CP2009-49 are
identical. Id.
Having reviewed the contracts filed in the instant proceeding and
in Docket No. CP2009-49, and the Postal Service's justification, the
Commission finds that the two contracts may be treated as functionally
equivalent.
New baseline. The Postal Service requests that the contracts filed
in Docket Nos. CP2009-48 and 2009-49 be included in the Global Plus 2
product and ``considered the new `baseline' contracts for purposes of
future functional equivalency analyses concerning this product.'' Id.
at 2. Currently, the Global Plus 2 product consists of two existing
contracts that will be superseded by the contracts in Docket Nos.
CP2009-48 and CP2009-49.
[[Page 41793]]
Under those circumstances, the new contracts need not be designated as
a new product. Accordingly, the new contracts in Docket Nos. CP2009-48
and CP2009-49 will be included in the Global Plus 2 product and become
the ``baseline'' for future functional equivalency analyses regarding
that product.
Other considerations. If the agreement terminates earlier than
anticipated, the Postal Service shall promptly inform the Commission of
the new termination date.
In conclusion, the Commission finds that the negotiated service
agreement submitted in Docket No. CP2009-49 is appropriately included
within the Global Plus 2 product.
V. Ordering Paragraphs
It is ordered:
1. The contract filed in Docket No. CP2009-49 is included within
the Global Plus 2 product (MC2008-7 and CP2009-49).
2. The existing Global Plus 2 product (MC2008-7, CP2008-16 and
CP2008-17) is removed from the product list.
3. As discussed in the body of this order, future contract filings
which rely on materials filed under seal in other dockets should be
self contained.
4. The Postal Service shall notify the Commission if the
termination date changes as discussed in this order.
List of Subjects in 39 CFR Part 3020
Administrative practice and procedure; Postal Service.
Issued: July 31, 2009.
By the Commission.
Judith M. Grady,
Acting 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
Schedule to read as follows:
Appendix 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
[Reserved for Product Description]
International Restricted Delivery
[Reserved for Product Description]
Address List Services
[[Page 41794]]
[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
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 Contract 4 (MC2009-34 and CP2009-45)
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)
Express Mail & Priority Mail Contract 6 (MC2009-31 and CP2009-
42)
Express Mail & Priority Mail Contract 7 (MC2009-32 and CP2009-
43)
Express Mail & Priority Mail Contract 8 (MC2009-33 and CP2009-
44)
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)
Priority Mail Contract 6 (MC2009-25 and CP2009-30)
Priority Mail Contract 7 (MC2009-25 and CP2009-31)
Priority Mail Contract 8 (MC2009-25 and CP2009-32)
Priority Mail Contract 9 (MC2009-25 and CP2009-33)
Priority Mail Contract 10 (MC2009-25 and CP2009-34)
Priority Mail Contract 11 (MC2009-27 and CP2009-37)
Priority Mail Contract 12 (MC2009-28 and CP2009-38)
Priority Mail Contract 13 (MC2009-29 and CP2009-39)
Priority Mail Contract 14 (MC2009-30 and CP2009-40)
Outbound International
Direct Entry Parcels Contracts
Direct Entry Parcels 1 (MC2009-26 and CP2009-36)
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 (CP2008-8, CP2008-46 and CP2009-47)
Global Plus 2 (MC2008-7, CP2009-48 and CP2009-49)
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)
[FR Doc. E9-19855 Filed 8-18-09; 8:45 am]
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