New Postal Product, 46016-46019 [E9-21438]
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46016
Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations
(c) Definitions. The following
definition applies to this section:
designated representative, means any
commissioned, warrant, and petty
officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary,
and local, State, and Federal law
enforcement vessels who have been
authorized to act on the behalf of the
Captain of the Port.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated on-scene representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Command Center (COMCEN). The
COMCEN may be contacted on VHF–FM
Channel 16 or (619) 278–7033.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(5) The Coast Guard may be assisted
by other Federal, State, or local
agencies.
Dated: August 18, 2009.
D.L. Leblanc,
Commander, U.S. Coast Guard, Captain of
the Port San Diego.
[FR Doc. E9–21439 Filed 9–4–09; 8:45 am]
BILLING CODE 4910–15–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket Nos. MC2009–36 and CP2009–55;
Order No. 279]
New Postal Product
Postal Regulatory Commission.
Final rule.
AGENCY:
CPrice-Sewell on DSKGBLS3C1PROD with RULES
ACTION:
SUMMARY: The Commission is adding
Priority Mail Contract 16 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 September 8, 2009 and
is applicable beginning August 17, 2009.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820 and
stephen.sharfman@prc.gov.
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Regulatory
History, 74 FR 39122 (August 5, 2009).
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Background
III. Comments
IV. Errata
V. Commission Analysis
VI. Ordering Paragraphs
I. Introduction
The Postal Service seeks to add a new
product identified as Priority Mail
Contract 16 to the Competitive Product
List. For the reasons discussed below,
the Commission approves the Request.
II. Background
On July 24, 2009, the Postal Service
filed a formal request pursuant to 39
U.S.C. 3642 and 39 CFR 3020.30 et seq.
to add Priority Mail Contract 16 to the
Competitive Product List.1 The Postal
Service asserts that the Priority Mail
Contract 16 product is a competitive
product ‘‘not of general applicability’’
within the meaning of 39 U.S.C.
3632(b)(3). This Request has been
assigned Docket No. MC2009–36.
The Postal Service
contemporaneously filed a contract
related to the proposed new product
pursuant to 39 U.S.C. 3632(b)(3) and 39
CFR 3015.5. The contract has been
assigned Docket No. CP2009–55.
In support of its Request, the Postal
Service filed the following materials: (1)
A redacted version of the contract
which, among other things, provides
that the contract will expire 1 year from
the effective date, which is proposed to
be the day that the Commission issues
all regulatory approvals; 2 (2) requested
changes in the Mail Classification
Schedule product list; 3 (3) a Statement
of Supporting Justification as required
by 39 CFR 3020.32; 4 and (4)
certification of compliance with 39
U.S.C. 3633(a).5 The Postal Service also
references Governors’ Decision 09–6,
filed in Docket No. MC2009–25, as
authorization of the new product.
Notice at 1.
In the Statement of Supporting
Justification, Mary Prince Anderson,
Acting Manager, Sales and
Communications, Expedited Shipping,
asserts that the service to be provided
under the contract will cover its
attributable costs, make a positive
contribution to coverage of institutional
1 Request of the United States Postal Service to
Add Priority Mail Contract 16 to Competitive
Product List and Notice of Filing (Under Seal) of
Contract and Supporting Data, July 24, 2009
(Request).
2 Attachment A to the Request.
3 Attachment B to the Request.
4 Attachment C to the Request.
5 Attachment D to the Request.
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costs, and will increase contribution
toward the requisite 5.5 percent of the
Postal Service’s total institutional costs.
Request, Attachment C, at 1. W. Ashley
Lyons, Manager, Regulatory Reporting
and Cost Analysis, Finance Department,
certifies that the contract complies with
39 U.S.C. 3633(a). See id., Attachment
D.
The Postal Service filed much of the
supporting materials, including the
supporting data and the unredacted
contract, under seal. In its Request, the
Postal Service maintains that the
contract and related financial
information, including the customer’s
name and the accompanying analyses
that provide prices, certain terms and
conditions, and financial projections,
should remain confidential. Id. at 2–3.
In Order No. 260, the Commission
gave notice of the two dockets,
appointed a public representative, and
provided the public with an opportunity
to comment.6
III. Comments
Comments were filed by the Public
Representative.7 No comments were
submitted by other interested parties.
The Public Representative states that
each ‘‘element of 39 U.S.C. 3633(a)
appears to be met by Priority Mail
Contract 16. Id. at 2. On the other hand,
he observes ‘‘it is not clear that the
* * * justification of this contract
* * * comports with the requirements
of 3632(b)(3).’’ Id. at 3. He submits that
the term of the contract is ambiguous,
particularly because the provision
stating that the contract ‘‘shall expire
one year from the effective date’’ is at
odds with other clauses for annual
adjustments. Id. at 3. While recognizing
the Governors’ preapproved pricing
shell, he also contends that ‘‘the
contract expiration must be established
definitively since it is an essential
component of the contract’s
classification as ‘a product.’ ’’ Id.
The Public Representative notes that
the Postal Service has duties to provide
packaging and labels. Id. at 2–3. He also
points out that the ‘‘contract appears to
be silent on issues such as manifesting,
electronically or otherwise.’’ Id. at 3. He
adds that the Postal Service’s Request at
Attachment C provides a statement of
support that incorrectly refers to Priority
Mail Contract 14, rather than 16.
6 PRC Order No. 260, Notice and Order
Concerning Priority Mail Contract 16 Negotiated
Service Agreement, July 29, 2009 (Order No. 260).
7 Public Representative Comments in Response to
United States Postal Service Request to Add Priority
Mail Contract 16 to Competitive Product List,
(Public Representative Comments). The
Commission reads these comments as relating to
Priority Mail Contract 16, notwithstanding
inadvertent reference to Priority Mail Contract 15.
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Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations
With respect to confidentiality, the
Public Representative believes that ‘‘[t]o
comply with Order No. 247 in Docket[s]
MC2009–30 and CP2009–40, the Postal
Service should include with its filing a
redacted copy of the Governors’
Decision and certification.’’ Id. at 4.
(Footnote omitted.)
The Public Representative concurs
that the Postal Service provides
adequate justification for maintaining
confidentiality in this case. Id. at 4. Yet,
he concludes that the Priority Mail
Contract 16 agreement does not comport
with the requirements of title 39, even
though it may otherwise be
appropriately classified as competitive.
Id. at 5. He indicates, however, the
contract discrepancies could be
remedied. Id.
In response to the Public
Representative’s Comments, the Postal
Service filed an errata to address
uncertainties or correct errors of its
Request as to adding Priority Mail
Contract 16 to the Competitive Product
List as a separate product.8
CPrice-Sewell on DSKGBLS3C1PROD with RULES
IV. Errata
The Errata includes: (a) A revised
contract to clarify the term intended by
the parties is 3 years, instead of 1 year;
(b) a revised second page, along with the
other original pages, again filed under
seal, and a redacted copy; and (c) a
revised page that corrects a typographic
error on the Request at Attachment C, so
as to change the reference to Priority
Mail Contract 16, instead of 14. Errata
at 1. The Postal Service further replies
that it complies with the Governors’
Decision requiring recitation of any
postage payment method required;
pointing out that since ‘‘a particular
postage payment is not required, * * *
none is stated.’’ Id. at 2.
V. Commission Analysis
The Commission has reviewed the
Request, the contract, the financial
analysis provided under seal that
accompanies it, the comments filed by
the Public Representative, and the
Errata.
Statutory requirements. The
Commission’s statutory responsibilities
in this instance entail assigning Priority
Mail Contract 16 to either the Market
Dominant Product List or to the
Competitive Product List. 39 U.S.C.
3642. As part of this responsibility, the
Commission also reviews the proposal
for compliance with the Postal
Accountability and Enhancement Act
8 Errata to Request of the United States Postal
Service to Add Priority Mail Contract 16 to
Competitive Contract List and Notice of Filing
(Under Seal) of Corrected Contract (August 10,
2009) (Errata).
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(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 Priority
Mail Contract 16 as a product to the
Market Dominant Product List or the
Competitive Product List, the
Commission must consider whether:
[T]he 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 without the
risk of losing volume to private
companies. Request, Attachment C,
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 expedited delivery services. Id.
It further states that the contract partner
supports the addition of the contract to
the Competitive Product List to
effectuate the negotiated contractual
terms. Id. at para. (g). Finally, the Postal
Service states that the market for
expedited delivery services is highly
competitive and requires a substantial
infrastructure to support a national
network. It indicates that large carriers
serve this market. Accordingly, the
Postal Service states that it is unaware
of any small business concerns that
could offer comparable service for this
customer. Id. at para. (h).
No commenter opposes the proposed
classification of Priority Mail Contract
16 as competitive. Having considered
the statutory requirements and the
support offered by the Postal Service,
the Commission finds that Priority Mail
Contract 16 is appropriately classified as
a competitive product and should be
added to the Competitive Product List.
Cost considerations. The Postal
Service presents a financial analysis
showing that Priority Mail Contract 16
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46017
results in cost savings while ensuring
that the contract 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 Priority Mail
Contract 16 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 proposed Priority Mail
Contract 16 indicates that it comports
with the provisions applicable to rates
for competitive products.
Agreement duration. The Errata
reconciles the apparent temporal
discrepancy between the one-year term
and annual adjustments, indicating that
the parties had agreed to a three-year
term. Regardless of the number of years,
the contract still remains terminable on
thirty day’s written notice by either
party. Id. Notwithstanding that the
revised pages of the contract did not
appear to be jointly executed, the
Commission is satisfied that the parties
intend the contract’s duration to be 3
years, not one as originally filed. The
Errata also addresses the Public
Representative’s concerns related to the
subsidiary issues raised that pertain to
the contract’s duration.
Other considerations. The Postal
Service shall promptly notify the
Commission of the scheduled
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
Competitive Product List.
Furthermore, the Public
Representative’s assessment of Order
No. 247 is well-taken. Public
Representative Comments at 3–4.
Subsequently, the Commission issued
Order No. 266, which clarified the
policy regarding self-contained docket
filings. See Docket No. CP2009–47,
Order Concerning Filing a Functionally
Equivalent Global Plus 1 Contract
Negotiated Service Agreement, July 31,
2009, at 6–7 (Order No. 266). In recent
filings, the Postal Service has adhered to
this policy.
In conclusion, the Commission
approves Priority Mail Contract 16 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.
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Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations
VI. Ordering Paragraphs
It is ordered:
1. Priority Mail Contract 16 (MC2009–
36 and CP2009–55) is added to the
Competitive Product List as a new
product under Negotiated Service
Agreements, Domestic.
2. The Postal Service shall notify the
Commission of the scheduled
termination date and update the
Commission if termination occurs prior
to that date, as discussed in this order.
3. The Secretary shall arrange for the
publication of this order in the Federal
Register.
List of Subjects in 39 CFR Part 3020
Administrative practice and
procedure; Postal Service.
Issued: August 17, 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:
■
CPrice-Sewell on DSKGBLS3C1PROD with RULES
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
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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]
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Applications and Mailing Permits
[Reserved for Product Description]
Business Reply Mail
[Reserved for Product Description]
Bulk Parcel Return Service
[Reserved for Product Description]
Certified Mail
[Reserved for Product Description]
Certificate of Mailing
[Reserved for Product Description]
Collect on Delivery
[Reserved for Product Description]
Delivery Confirmation
[Reserved for Product Description]
Insurance
[Reserved for Product Description]
Merchandise Return Service
[Reserved for Product Description]
Parcel Airlift (PAL)
[Reserved for Product Description]
Registered Mail
[Reserved for Product Description]
Return Receipt
[Reserved for Product Description]
Return Receipt for Merchandise
[Reserved for Product Description]
Restricted Delivery
[Reserved for Product Description]
Shipper-Paid Forwarding
[Reserved for Product Description]
Signature Confirmation
[Reserved for Product Description]
Special Handling
[Reserved for Product Description]
Stamped Envelopes
[Reserved for Product Description]
Stamped Cards
[Reserved for Product Description]
Premium Stamped Stationery
[Reserved for Product Description]
Premium Stamped Cards
[Reserved for Product Description]
International Ancillary Services
[Reserved for Product Description]
International Certificate of Mailing
[Reserved for Product Description]
International Registered Mail
[Reserved for Product Description]
International Return Receipt
[Reserved for Product Description]
International Restricted Delivery
[Reserved for Product Description]
Address List Services
[Reserved for Product Description]
Caller Service
[Reserved for Product Description]
Change-of-Address Credit Card
Authentication
[Reserved for Product Description]
Confirm
[Reserved for Product Description]
International Reply Coupon Service
[Reserved for Product Description]
International Business Reply Mail Service
[Reserved for Product Description]
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]
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CPrice-Sewell on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations
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 (PA)
International Surface Airlift (SAL)
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)
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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)
Priority Mail Contract 15 (MC2009–35 and
CP2009–54)
Priority Mail Contract 16 (MC2009–36 and
CP2009–55)
Priority Mail Contract 17 (MC2009–37 and
CP2009–56)
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, CP2008–48 and
CP2008–49)
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)
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
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46019
[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. E9–21438 Filed 9–4–09; 8:45 am]
BILLNG CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 35
[EPA–HQ–SFUND–2009–0617; FRL–8953–8]
RIN 2050–AG53
State and Local Assistance; Technical
Correction
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; Technical Correction.
SUMMARY: On June 16, 2009, regulations
to include State Response Programs and
Tribal Response Programs under Section
128(a) of the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA) as among
the Environmental Program Grants
eligible for inclusion in a Performance
Partnership Grant (PPG) were
published. Those final rules included
technical errors which this action
corrects.
DATES: This rule is effective on
September 8, 2009.
ADDRESSES: The mailing address of the
Office of Brownfields and Land
Revitalization, Office of Solid Waste and
Emergency Response, is U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., MC 5105T,
Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT:
Virginia Fornillo, Office of Solid Waste
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]]>Agencies
[Federal Register Volume 74, Number 172 (Tuesday, September 8, 2009)]
[Rules and Regulations]
[Pages 46016-46019]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21438]
=======================================================================
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POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket Nos. MC2009-36 and CP2009-55; Order No. 279]
New Postal Product
AGENCY: Postal Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Commission is adding Priority Mail Contract 16 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 September 8, 2009 and is applicable beginning August
17, 2009.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
202-789-6820 and stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION: Regulatory History, 74 FR 39122 (August 5,
2009).
I. Introduction
II. Background
III. Comments
IV. Errata
V. Commission Analysis
VI. Ordering Paragraphs
I. Introduction
The Postal Service seeks to add a new product identified as
Priority Mail Contract 16 to the Competitive Product List. For the
reasons discussed below, the Commission approves the Request.
II. Background
On July 24, 2009, the Postal Service filed a formal request
pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add Priority
Mail Contract 16 to the Competitive Product List.\1\ The Postal Service
asserts that the Priority Mail Contract 16 product is a competitive
product ``not of general applicability'' within the meaning of 39
U.S.C. 3632(b)(3). This Request has been assigned Docket No. MC2009-36.
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\1\ Request of the United States Postal Service to Add Priority
Mail Contract 16 to Competitive Product List and Notice of Filing
(Under Seal) of Contract and Supporting Data, July 24, 2009
(Request).
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The Postal Service contemporaneously filed a contract related to
the proposed new product pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR
3015.5. The contract has been assigned Docket No. CP2009-55.
In support of its Request, the Postal Service filed the following
materials: (1) A redacted version of the contract which, among other
things, provides that the contract will expire 1 year from the
effective date, which is proposed to be the day that the Commission
issues all regulatory approvals; \2\ (2) requested changes in the Mail
Classification Schedule product list; \3\ (3) a Statement of Supporting
Justification as required by 39 CFR 3020.32; \4\ and (4) certification
of compliance with 39 U.S.C. 3633(a).\5\ The Postal Service also
references Governors' Decision 09-6, filed in Docket No. MC2009-25, as
authorization of the new product. Notice at 1.
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\2\ Attachment A to the Request.
\3\ Attachment B to the Request.
\4\ Attachment C to the Request.
\5\ Attachment D to the Request.
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In the Statement of Supporting Justification, Mary Prince Anderson,
Acting Manager, Sales and Communications, Expedited Shipping, asserts
that the service to be provided under the contract will cover its
attributable costs, make a positive contribution to coverage of
institutional costs, and will increase contribution toward the
requisite 5.5 percent of the Postal Service's total institutional
costs. Request, Attachment C, at 1. W. Ashley Lyons, Manager,
Regulatory Reporting and Cost Analysis, Finance Department, certifies
that the contract complies with 39 U.S.C. 3633(a). See id., Attachment
D.
The Postal Service filed much of the supporting materials,
including the supporting data and the unredacted contract, under seal.
In its Request, the Postal Service maintains that the contract and
related financial information, including the customer's name and the
accompanying analyses that provide prices, certain terms and
conditions, and financial projections, should remain confidential. Id.
at 2-3.
In Order No. 260, the Commission gave notice of the two dockets,
appointed a public representative, and provided the public with an
opportunity to comment.\6\
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\6\ PRC Order No. 260, Notice and Order Concerning Priority Mail
Contract 16 Negotiated Service Agreement, July 29, 2009 (Order No.
260).
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III. Comments
Comments were filed by the Public Representative.\7\ No comments
were submitted by other interested parties.
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\7\ Public Representative Comments in Response to United States
Postal Service Request to Add Priority Mail Contract 16 to
Competitive Product List, (Public Representative Comments). The
Commission reads these comments as relating to Priority Mail
Contract 16, notwithstanding inadvertent reference to Priority Mail
Contract 15.
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The Public Representative states that each ``element of 39 U.S.C.
3633(a) appears to be met by Priority Mail Contract 16. Id. at 2. On
the other hand, he observes ``it is not clear that the * * *
justification of this contract * * * comports with the requirements of
3632(b)(3).'' Id. at 3. He submits that the term of the contract is
ambiguous, particularly because the provision stating that the contract
``shall expire one year from the effective date'' is at odds with other
clauses for annual adjustments. Id. at 3. While recognizing the
Governors' preapproved pricing shell, he also contends that ``the
contract expiration must be established definitively since it is an
essential component of the contract's classification as `a product.' ''
Id.
The Public Representative notes that the Postal Service has duties
to provide packaging and labels. Id. at 2-3. He also points out that
the ``contract appears to be silent on issues such as manifesting,
electronically or otherwise.'' Id. at 3. He adds that the Postal
Service's Request at Attachment C provides a statement of support that
incorrectly refers to Priority Mail Contract 14, rather than 16.
[[Page 46017]]
With respect to confidentiality, the Public Representative believes
that ``[t]o comply with Order No. 247 in Docket[s] MC2009-30 and
CP2009-40, the Postal Service should include with its filing a redacted
copy of the Governors' Decision and certification.'' Id. at 4.
(Footnote omitted.)
The Public Representative concurs that the Postal Service provides
adequate justification for maintaining confidentiality in this case.
Id. at 4. Yet, he concludes that the Priority Mail Contract 16
agreement does not comport with the requirements of title 39, even
though it may otherwise be appropriately classified as competitive. Id.
at 5. He indicates, however, the contract discrepancies could be
remedied. Id.
In response to the Public Representative's Comments, the Postal
Service filed an errata to address uncertainties or correct errors of
its Request as to adding Priority Mail Contract 16 to the Competitive
Product List as a separate product.\8\
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\8\ Errata to Request of the United States Postal Service to Add
Priority Mail Contract 16 to Competitive Contract List and Notice of
Filing (Under Seal) of Corrected Contract (August 10, 2009)
(Errata).
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IV. Errata
The Errata includes: (a) A revised contract to clarify the term
intended by the parties is 3 years, instead of 1 year; (b) a revised
second page, along with the other original pages, again filed under
seal, and a redacted copy; and (c) a revised page that corrects a
typographic error on the Request at Attachment C, so as to change the
reference to Priority Mail Contract 16, instead of 14. Errata at 1. The
Postal Service further replies that it complies with the Governors'
Decision requiring recitation of any postage payment method required;
pointing out that since ``a particular postage payment is not required,
* * * none is stated.'' Id. at 2.
V. Commission Analysis
The Commission has reviewed the Request, the contract, the
financial analysis provided under seal that accompanies it, the
comments filed by the Public Representative, and the Errata.
Statutory requirements. The Commission's statutory responsibilities
in this instance entail assigning Priority Mail Contract 16 to either
the Market Dominant Product List or to the Competitive Product List. 39
U.S.C. 3642. As part of this responsibility, the Commission also
reviews the proposal for compliance with the Postal Accountability and
Enhancement Act (PAEA) requirements. This includes, for proposed
competitive products, a review of the provisions applicable to rates
for competitive products. 39 U.S.C. 3633.
Product list assignment. In determining whether to assign Priority
Mail Contract 16 as a product to the Market Dominant Product List or
the Competitive Product List, the Commission must consider whether:
[T]he 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 without the risk of losing volume to private companies. Request,
Attachment C, 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 expedited delivery services. Id. It
further states that the contract partner supports the addition of the
contract to the Competitive Product List to effectuate the negotiated
contractual terms. Id. at para. (g). Finally, the Postal Service states
that the market for expedited delivery services is highly competitive
and requires a substantial infrastructure to support a national
network. It indicates that large carriers serve this market.
Accordingly, the Postal Service states that it is unaware of any small
business concerns that could offer comparable service for this
customer. Id. at para. (h).
No commenter opposes the proposed classification of Priority Mail
Contract 16 as competitive. Having considered the statutory
requirements and the support offered by the Postal Service, the
Commission finds that Priority Mail Contract 16 is appropriately
classified as a competitive product and should be added to the
Competitive Product List.
Cost considerations. The Postal Service presents a financial
analysis showing that Priority Mail Contract 16 results in cost savings
while ensuring that the contract 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 Priority
Mail Contract 16 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
proposed Priority Mail Contract 16 indicates that it comports with the
provisions applicable to rates for competitive products.
Agreement duration. The Errata reconciles the apparent temporal
discrepancy between the one-year term and annual adjustments,
indicating that the parties had agreed to a three-year term. Regardless
of the number of years, the contract still remains terminable on thirty
day's written notice by either party. Id. Notwithstanding that the
revised pages of the contract did not appear to be jointly executed,
the Commission is satisfied that the parties intend the contract's
duration to be 3 years, not one as originally filed. The Errata also
addresses the Public Representative's concerns related to the
subsidiary issues raised that pertain to the contract's duration.
Other considerations. The Postal Service shall promptly notify the
Commission of the scheduled 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 Competitive Product List.
Furthermore, the Public Representative's assessment of Order No.
247 is well-taken. Public Representative Comments at 3-4. Subsequently,
the Commission issued Order No. 266, which clarified the policy
regarding self-contained docket filings. See Docket No. CP2009-47,
Order Concerning Filing a Functionally Equivalent Global Plus 1
Contract Negotiated Service Agreement, July 31, 2009, at 6-7 (Order No.
266). In recent filings, the Postal Service has adhered to this policy.
In conclusion, the Commission approves Priority Mail Contract 16 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.
[[Page 46018]]
VI. Ordering Paragraphs
It is ordered:
1. Priority Mail Contract 16 (MC2009-36 and CP2009-55) is added to
the Competitive Product List as a new product under Negotiated Service
Agreements, Domestic.
2. The Postal Service shall notify the Commission of the scheduled
termination date and update the Commission if termination occurs prior
to that date, as discussed in this order.
3. The Secretary shall arrange for the publication of this order in
the Federal Register.
List of Subjects in 39 CFR Part 3020
Administrative practice and procedure; Postal Service.
Issued: August 17, 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 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
[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]
[[Page 46019]]
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 (PA)
International Surface Airlift (SAL)
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)
Priority Mail Contract 15 (MC2009-35 and CP2009-54)
Priority Mail Contract 16 (MC2009-36 and CP2009-55)
Priority Mail Contract 17 (MC2009-37 and CP2009-56)
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, CP2008-48 and CP2008-49)
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)
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. E9-21438 Filed 9-4-09; 8:45 am]
BILLNG CODE 7710-FW-P
