New Postal Product, 51078-51082 [E9-23895]

Download as PDF cprice-sewell on DSK2BSOYB1PROD with RULES 51078 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations SUMMARY: The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Union Pacific Railroad (UPRR) Vertical Lift Span Bridge across the Victoria Barge Canal, mile 29.4 at Bloomington, Victoria County, Texas. The deviation is necessary to allow for joint replacement on the draw span. This deviation provides for the bridge to remain closed to navigation for 8 consecutive hours on October 19 and 20, 2009, from 8 a.m. to 4 p.m. each day. DATES: This deviation is effective from 8 a.m. on Monday, October 19, 2009 until 4 p.m. on Tuesday, October 20, 2009. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket USCG–2009– 0857 and are available online by going to https://www.regulations.gov, inserting USCG–2009–0857 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or e-mail Phil Johnson, Bridge Administration Branch, Eighth Coast Guard District; telephone 504–671– 2128, e-mail Philip.R.Johnson@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: The Victoria County Navigation District has requested a temporary deviation from the operating schedule of the UPRR Vertical Lift Span Bridge across the Victoria Barge Canal, mile 29.4 at Bloomington, Texas. The vertical lift bridge has a vertical clearance of 22 feet above high water in the closed-tonavigation position and 50 feet above high water in the open-to-navigation position. Presently, the bridge opens on signal for the passage of vessels. This deviation allows the draw span of the bridge to remain closed to navigation for 8 consecutive hours between 8 a.m. and 4 p.m. each day on October 19 and 20, 2009. Navigation on the waterway consists mainly of tugs with tows. Due to prior experience and coordination with waterway users, it has been determined that this closure will not have a significant effect on these vessels. VerDate Nov<24>2008 13:52 Oct 02, 2009 Jkt 220001 The vertical lift bridge has a vertical clearance of 22 feet above high water in the closed-to-navigation position and 50 feet above high water in the open-tonavigation position. No alternate routes are available. The closures are necessary to allow for rail joint replacement on the bridge. As this work is proposed during hurricane season, the work may be postponed and rescheduled, should any tropical storms or hurricanes enter or develop in the Gulf of Mexico. The Coast Guard has coordinated the closures with the commercial users of the waterway. 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. Dated: September 21, 2009. David M. Frank, Bridge Administrator. [FR Doc. E9–23874 Filed 10–2–09; 8:45 am] BILLING CODE 4910–15–P POSTAL REGULATORY COMMISSION 39 CFR Part 3020 [Docket No. CP2009–62; Order No. 296] New Postal Product Postal Regulatory Commission. Final rule. AGENCY: ACTION: SUMMARY: The Commission is adding Inbound Direct Entry Contracts with Foreign Postal Administrations (MC2008–6) 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 October 5, 2009 and is applicable beginning September 4, 2009. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 202–789–6820 or stephen.sharfman@prc.gov. Regulatory History, 74 FR 44880 (August 31, 2009). SUPPLEMENTARY INFORMATION: I. Introduction II. Background III. Comments IV. Commission Analysis V. Ordering Paragraphs I. Introduction The Postal Service requests to add a new Inbound Direct Entry (IDE) contract to the Inbound Direct Entry Contracts with Foreign Postal Administrations PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 product established in Docket No. MC2008–6.1 In its filing, the Postal Service also requests to have the instant contract designated as the new baseline agreement for purposes of determining the functional equivalence of future IDE contracts. Id. at 2. For the reasons discussed below, the Commission approves the addition of the instant contract to the Competitive Product List as a new product, Inbound Direct Entry Contracts with Foreign Postal Administrations 1 (referred to hereinafter as IDE 1). II. Background On August 21, 2009, the Postal Service filed a notice pursuant to 39 U.S.C. 3633 and 39 CFR 3015.5 announcing that it has entered into an Inbound Direct Entry (IDE) contract with New Zealand Post Limited (NZP), the public postal operator of New Zealand. It states that the NZP agreement is functionally equivalent to previously established IDE contracts filed in Docket Nos. CP2008–14, CP2008–15 and CP2009–41. Id. at 1. The IDE product allows the Postal Service to provide foreign postal administrations with the ability to ship sacks of parcels that are pre-labeled for direct entry into the Postal Service’s mailstream in exchange for applicable domestic postage plus a sack handling fee. The core of the service is the sack handling and entry as domestic mail. The Postal Service also publicly filed a redacted version of the contract, an application for non-public treatment of supporting materials, a certified statement required by 39 CFR 3015(c)(2), a redacted version of the Governors’ Decision that authorizes IDE contracts, and a redacted version of the supporting financial information. The contract and supporting financial information were filed under seal. The Notice states that the instant contract is functionally equivalent to the IDE contracts previously submitted, fits within the Mail Classification Schedule (MCS) language included in Attachment A to Governors’ Decision No. 08–6, and should be included within the IDE contracts product. Id. at 2. In Order No. 105, the Commission approved the individual IDE contracts in Docket No. MC2008–6 as functionally equivalent and added the contracts to the Competitive Product List as one product under the IDE classification.2 1 Notice of United States Postal Service of Filing Functionally Equivalent Inbound Direct Entry Contracts Negotiated Service Agreement, August 21, 2009 (Notice). 2 See Docket Nos. MC2008–6, CP2008–14 and CP2008–15, Order Concerning Prices Under Inbound Direct Entry Contracts With Certain E:\FR\FM\05OCR1.SGM 05OCR1 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations The Postal Service includes by reference its arguments regarding the functional equivalence to the IDE contracts as indicated in Docket Nos. CP2008–14 and CP2008–15, with three noted exceptions. Notice at 3 (footnote omitted). The instant IDE contract, it claims, resembles the contracts in Docket Nos. CP2008–14 and CP2008–15, except as to the provisions on the term, confidentiality, and payment account details. Id. at 3–4. The Postal Service maintains that some materials should remain under seal including certain portions of the contract and certified statement required by 39 CFR 3015.5(c)(2), 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. Id. at 2–3. The Postal Service will notify the customer of the effective date of the contact within 30 days after receiving all regulatory approvals. The contract term is 1 year from the effective date, but will be renewed automatically until terminated by the parties. In Order No. 289, the Commission gave notice of this docket, appointed a Public Representative, and provided the public with an opportunity to comment.3 III. Comments cprice-sewell on DSK2BSOYB1PROD with RULES Comments were filed by the Public Representative.4 No other interested persons submitted comments. The Public Representative states that ‘‘[e]ach pertinent element of 39 U.S.C. 3632, 3622, and 3642 appears to be met by this contract.’’ Id. at 1. He also notes that each element of 39 U.S.C. 3633(a) appears to be met by this additional IDE contract. Id. at 5. The pricing, in light of supporting documentation filed under seal, appears adequate and compliant.5 Id. The Public Foreign Postal Administrations, September 4, 2008, at 8 (Order No. 105). 3 PRC Order No. 289, Notice and Order Concerning Filing of Functionally Equivalent Inbound Direct Entry Contracts Negotiated Service Agreement, August 25, 2009 (Order No. 289). 4 Public Representative Comments in Response to United States Postal Service Request to Add Inbound Direct Entry Contract to the Competitive Products List, September 3, 2009 (Public Representative Comments). The Public Representative filed an accompanying Motion of the Public Representative for Late Acceptance of Comments in Response to United States Postal Service Request to Add Inbound Direct Entry Contract to the Competitive Product List, September 3, 2009. The motion is granted. 5 The Public Representative determines that the Postal Service has provided adequate justification for maintaining confidentiality in this case. Id. at 2. He affirms that his review of the materials filed VerDate Nov<24>2008 13:52 Oct 02, 2009 Jkt 220001 Representative concludes that the contract appears to be functionally equivalent to the other contracts within the IDE contract product (MC2008–6) classification, and the contract contains pricing incentives and other provisions beneficial to both the Postal Service and the general public.6 Without opposing the proposal to treat the NZP agreement as a new baseline, he does question why a functionally equivalent agreement should create a new baseline. Id. at 4. He underscores that the MCS must retain precision to preclude erosion of accountability and transparency. Id. As a safeguard, he proposes that the Postal Service outline in its future notices of any functionally equivalent agreement material distinctions and similarities. Id. IV. Commission Analysis The three main issues in this proceeding are whether the agreement satisfies 39 U.S.C. 3633, and the interrelated issue of whether the instant contract is functionally equivalent with previously filed IDE contracts; and whether it should be classified as a baseline for future IDE contracts.7 In reaching its conclusions, the Commission has reviewed the Notice, the agreement and the financial analyses provided under seal, and the Public Representative’s comments. Statutory requirements. The Postal Service contends that the instant agreement 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. It asserts that Governors’ Decision No. 08–6 supporting this agreement establishes a pricing formula and classification that ensures each contract meets the criteria of 39 U.S.C. 3633 and the regulations promulgated thereunder. It further states that the previously proposed IDE MCS language requires each contract to cover its attributable costs. Id. at 3. During the review of the Postal Service’s financial supporting documentation, the Commission found discrepancies between (a) the supporting financial material, and (b) the contract rate provisions. The financial supporting documentation uses rates in effect prior to the May 11, under seal indicates that the instant contract complies with the pricing formula for IDE contracts. 6 Id. at 1 and 3. He also concurs that the agreement appears to satisfy costing requirements, but seeks clarity in the process. Id. at 4–5, citing 39 CFR 3020.13(b)(3). 7 Previously, the Commission found the Inbound Direct Contracts product to be properly classified as a competitive product. See Order No. 105 at 7; see also 36 U.S.C. 3642(d). PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 51079 2009 increase in prices for market dominant products.8 The contract, however, contains the rates currently in effect. Additionally, the contract is based on Priority Mail commercial rates; however, the financial supporting documentation uses Priority Mail retail rates. These discrepancies did not adversely affect cost coverage for the contract. The Commission found these same discrepancies in Docket No. CP2009–41 and highlighted them in Order No. 248.9 Based on the data submitted and its analysis, the Commission finds that the agreement should cover its attributable costs (39 U.S.C. 3633(a)(2)), should not lead to the subsidization of competitive products by market dominant products (39 U.S.C. 3633(a)(1)), and should have a positive effect on competitive products’ contribution to institutional costs (39 U.S.C. 3633(a)(3)). Thus, an initial review of the proposed agreement indicates that it comports with the provisions applicable to rates for competitive products. Functional equivalence/baseline treatment. The Postal Service asserts that the instant contract is functionally equivalent to the IDE contracts filed previously because it shares similar cost and market characteristics, and therefore the contract should be classified as a single product. Notice at 3. The Postal Service notes, however, that the instant contract includes provisions not contained in the earlier IDE contracts. Id. These differences include: (1) Renewal can result automatically, without the parties’ mutual agreement; (2) confidentiality duties that comport with the Commission’s new confidentiality rules, and are governed in the text of the agreement rather than under an annex; and (3) the payment methods that are comparable to the terms in Docket No. CP2008–15, but not other prior IDE contracts.10 Id. at 4. The Postal Service also requests that the instant contract be considered a new baseline for future functional equivalent comparisons ‘‘[b]ecause future IDE Contracts are likely to resemble this contract in form and substance. Notice at 2. The Postal Service also explains 8 See Docket No. R2009–2, Order Approving Revisions in Amended Notice of Market Dominant Price Adjustment, April 9, 2009. The Postal Service filed rates to become effective May 11, 2009. 9 Docket No. CP2009–41, Order Concerning Filing of Functionally Equivalent Inbound Direct Entry Contracts Negotiated Service Agreement, July 15, 2009 (Order No. 248). 10 The present contract differs from Docket No. CP2008–14, which did not use the Centralized Trust Account payment method, and Docket No. CP2009–41, which included an annex based on foreign financial regulatory requirements. E:\FR\FM\05OCR1.SGM 05OCR1 51080 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations that the text of the earlier IDE contracts contain different extension terms, confidentiality, and payment account detail provisions, and it intends to incorporate the new provisions into subsequent IDE contracts. Thus, it expects ‘‘future IDE Contracts to resemble the instant contract more closely than those in Docket Nos. CP2008–14 and CP2008–15.’’ Id. at 4. In lieu of ruling on the functional equivalence of the instant contract to those previously filed, the Commission concludes, for reasons of accountability and transparency as suggested by the Public Representative, that the more appropriate outcome is to add the instant contract to the Competitive Product List as a new product, IDE 1. In approving the initial IDE contract, it was the Commission’s expectation that it would be followed by additional IDE contracts that may exhibit sufficient variation from the initial contract to warrant being classified as a new product, e.g., IDE 2, IDE 3, etc. Given the Postal Service’s intent to use the instant contract as a template for future IDE contracts and that it contains provisions not included in the earlier IDE contracts, the Commission will label the instant contract as a new product, IDE 1. To the extent that future IDE contracts with foreign posts are (substantially) based on the instant contract, the Postal Service may seek to have them classified as functionally equivalent. To the extent that such future contracts differ substantially, the Postal Service should file a request, pursuant to 39 CFR 3020.1 et seq., to add a new product to the Competitive Product List.11 Following the current practice, the Postal Service shall identify all significant differences between any new IDE contract and the IDE 1 product. Such differences would include terms and conditions that impose new obligations or new requirements on any party to the contract. In addition, and consistent with the current practice, a redacted copy of Governors’ Decision No. 08–6 should be included in the new filing. V. Ordering Paragraphs Postal Administrations’’ shall be created under the Inbound International category appearing in the Competitive Product list. This subcategory will include all individual Inbound Direct Entry Contracts with Foreign Postal Administrations products. 2. The existing product titled ‘‘Inbound Direct Entry Contracts with Foreign Postal Administrations (MC2008–6, CP2008–14 and CP2008– 15)’’ shall appear under the subcategory Inbound Direct Entry Contracts with Foreign Postal Administrations until each of the individual contracts within this product has expired. 3. The IDE contract filed in Docket No. CP2009–62 is added to the Competitive Product List as a new product, ‘‘Inbound Direct Entry Contracts with Foreign Postal Administrations 1 (MC2008–6, CP2009– 62)’’ and shall appear under the subcategory Inbound Direct Entry Contracts with Foreign Postal Administrations. 4. The Postal Service shall notify the Commission of the scheduled effective date and termination date and update the Commission if the contract terminates at an earlier date. 5. The Secretary shall arrange for publication of this order in the Federal Register. List of Subjects in 39 CFR Part 3020 Administrative practice and procedure; Postal Service. By the Commission. Judith M. Grady, Acting Secretary. For the reasons stated in the preamble, 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: ■ Appendix A to Subpart A of Part 3020—Mail Classification Schedule cprice-sewell on DSK2BSOYB1PROD with RULES It is ordered: 1. A new subcategory titled ‘‘Inbound Direct Entry Contracts with Foreign Part A—Market Dominant Products 11 As the Commission recently noted in Order No. 290, ‘[f]uture requests to implement a new baseline agreement should be filed as an MC docket since it will result in adding a new product to the product list and may result in removing a product from the product list.’’ Docket No. CP2009–50, Order Granting Clarification and Adding Global Expedited Package Services 2 to the Competitive Product List, August 28, 2009 (Order No. 290). 1000 Market Dominant Product List First-Class Mail Single-Piece Letters/Postcards Bulk Letters/Postcards Flats Parcels Outbound Single-Piece First-Class Mail International VerDate Nov<24>2008 13:52 Oct 02, 2009 Jkt 220001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 E:\FR\FM\05OCR1.SGM 05OCR1 cprice-sewell on DSK2BSOYB1PROD with RULES Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations [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 VerDate Nov<24>2008 13:52 Oct 02, 2009 Jkt 220001 [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) PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 51081 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 Select & Parcel Return Service Contract 2 (MC2009–40 and CP2009–61) 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 Expedited Package Services 2 (CP2009–50) 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 Inbound Direct Entry Contracts with Foreign Postal Administrations (MC2008–6, CP2008–14 and MC2008– 15) Inbound Direct Entry Contracts with Foreign Postal Administrations 1 (MC2008–6 and CP2009–62) E:\FR\FM\05OCR1.SGM 05OCR1 51082 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations 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] cprice-sewell on DSK2BSOYB1PROD with RULES Part C—Glossary of Terms and Conditions [Reserved] Part D—Country Price Lists for International Mail [Reserved] [FR Doc. E9–23895 Filed 10–2–09; 8:45 am] BILLING CODE 7710–FW–P VerDate Nov<24>2008 13:52 Oct 02, 2009 Jkt 220001 DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA–2008–0020; Internal Agency Docket No. FEMA–8097] Suspension of Community Eligibility AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. DATES: Effective Dates: The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact David Stearrett, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the Federal Register. In addition, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on FEMA’s initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared. Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, E:\FR\FM\05OCR1.SGM 05OCR1

Agencies

[Federal Register Volume 74, Number 191 (Monday, October 5, 2009)]
[Rules and Regulations]
[Pages 51078-51082]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23895]


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POSTAL REGULATORY COMMISSION

39 CFR Part 3020

[Docket No. CP2009-62; Order No. 296]


New Postal Product

AGENCY: Postal Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Commission is adding Inbound Direct Entry Contracts with 
Foreign Postal Administrations (MC2008-6) 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 October 5, 2009 and is applicable beginning September 
4, 2009.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
202-789-6820 or stephen.sharfman@prc.gov.

SUPPLEMENTARY INFORMATION: Regulatory History, 74 FR 44880 (August 31, 
2009).

I. Introduction
II. Background
III. Comments
IV. Commission Analysis
V. Ordering Paragraphs

I. Introduction

    The Postal Service requests to add a new Inbound Direct Entry (IDE) 
contract to the Inbound Direct Entry Contracts with Foreign Postal 
Administrations product established in Docket No. MC2008-6.\1\ In its 
filing, the Postal Service also requests to have the instant contract 
designated as the new baseline agreement for purposes of determining 
the functional equivalence of future IDE contracts. Id. at 2. For the 
reasons discussed below, the Commission approves the addition of the 
instant contract to the Competitive Product List as a new product, 
Inbound Direct Entry Contracts with Foreign Postal Administrations 1 
(referred to hereinafter as IDE 1).
---------------------------------------------------------------------------

    \1\ Notice of United States Postal Service of Filing 
Functionally Equivalent Inbound Direct Entry Contracts Negotiated 
Service Agreement, August 21, 2009 (Notice).
---------------------------------------------------------------------------

II. Background

    On August 21, 2009, the Postal Service filed a notice pursuant to 
39 U.S.C. 3633 and 39 CFR 3015.5 announcing that it has entered into an 
Inbound Direct Entry (IDE) contract with New Zealand Post Limited 
(NZP), the public postal operator of New Zealand. It states that the 
NZP agreement is functionally equivalent to previously established IDE 
contracts filed in Docket Nos. CP2008-14, CP2008-15 and CP2009-41. Id. 
at 1. The IDE product allows the Postal Service to provide foreign 
postal administrations with the ability to ship sacks of parcels that 
are pre-labeled for direct entry into the Postal Service's mailstream 
in exchange for applicable domestic postage plus a sack handling fee. 
The core of the service is the sack handling and entry as domestic 
mail.
    The Postal Service also publicly filed a redacted version of the 
contract, an application for non-public treatment of supporting 
materials, a certified statement required by 39 CFR 3015(c)(2), a 
redacted version of the Governors' Decision that authorizes IDE 
contracts, and a redacted version of the supporting financial 
information. The contract and supporting financial information were 
filed under seal.
    The Notice states that the instant contract is functionally 
equivalent to the IDE contracts previously submitted, fits within the 
Mail Classification Schedule (MCS) language included in Attachment A to 
Governors' Decision No. 08-6, and should be included within the IDE 
contracts product. Id. at 2. In Order No. 105, the Commission approved 
the individual IDE contracts in Docket No. MC2008-6 as functionally 
equivalent and added the contracts to the Competitive Product List as 
one product under the IDE classification.\2\
---------------------------------------------------------------------------

    \2\ See Docket Nos. MC2008-6, CP2008-14 and CP2008-15, Order 
Concerning Prices Under Inbound Direct Entry Contracts With Certain 
Foreign Postal Administrations, September 4, 2008, at 8 (Order No. 
105).

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

[[Page 51079]]

    The Postal Service includes by reference its arguments regarding 
the functional equivalence to the IDE contracts as indicated in Docket 
Nos. CP2008-14 and CP2008-15, with three noted exceptions. Notice at 3 
(footnote omitted). The instant IDE contract, it claims, resembles the 
contracts in Docket Nos. CP2008-14 and CP2008-15, except as to the 
provisions on the term, confidentiality, and payment account details. 
Id. at 3-4.
    The Postal Service maintains that some materials should remain 
under seal including certain portions of the contract and certified 
statement required by 39 CFR 3015.5(c)(2), 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. Id. at 2-3.
    The Postal Service will notify the customer of the effective date 
of the contact within 30 days after receiving all regulatory approvals. 
The contract term is 1 year from the effective date, but will be 
renewed automatically until terminated by the parties.
    In Order No. 289, the Commission gave notice of this docket, 
appointed a Public Representative, and provided the public with an 
opportunity to comment.\3\
---------------------------------------------------------------------------

    \3\ PRC Order No. 289, Notice and Order Concerning Filing of 
Functionally Equivalent Inbound Direct Entry Contracts Negotiated 
Service Agreement, August 25, 2009 (Order No. 289).
---------------------------------------------------------------------------

III. Comments

    Comments were filed by the Public Representative.\4\ No other 
interested persons submitted comments. The Public Representative states 
that ``[e]ach pertinent element of 39 U.S.C. 3632, 3622, and 3642 
appears to be met by this contract.'' Id. at 1. He also notes that each 
element of 39 U.S.C. 3633(a) appears to be met by this additional IDE 
contract. Id. at 5. The pricing, in light of supporting documentation 
filed under seal, appears adequate and compliant.\5\ Id. The Public 
Representative concludes that the contract appears to be functionally 
equivalent to the other contracts within the IDE contract product 
(MC2008-6) classification, and the contract contains pricing incentives 
and other provisions beneficial to both the Postal Service and the 
general public.\6\ Without opposing the proposal to treat the NZP 
agreement as a new baseline, he does question why a functionally 
equivalent agreement should create a new baseline. Id. at 4. He 
underscores that the MCS must retain precision to preclude erosion of 
accountability and transparency. Id. As a safeguard, he proposes that 
the Postal Service outline in its future notices of any functionally 
equivalent agreement material distinctions and similarities. Id.
---------------------------------------------------------------------------

    \4\ Public Representative Comments in Response to United States 
Postal Service Request to Add Inbound Direct Entry Contract to the 
Competitive Products List, September 3, 2009 (Public Representative 
Comments). The Public Representative filed an accompanying Motion of 
the Public Representative for Late Acceptance of Comments in 
Response to United States Postal Service Request to Add Inbound 
Direct Entry Contract to the Competitive Product List, September 3, 
2009. The motion is granted.
    \5\ The Public Representative determines that the Postal Service 
has provided adequate justification for maintaining confidentiality 
in this case. Id. at 2. He affirms that his review of the materials 
filed under seal indicates that the instant contract complies with 
the pricing formula for IDE contracts.
    \6\ Id. at 1 and 3. He also concurs that the agreement appears 
to satisfy costing requirements, but seeks clarity in the process. 
Id. at 4-5, citing 39 CFR 3020.13(b)(3).
---------------------------------------------------------------------------

IV. Commission Analysis

    The three main issues in this proceeding are whether the agreement 
satisfies 39 U.S.C. 3633, and the interrelated issue of whether the 
instant contract is functionally equivalent with previously filed IDE 
contracts; and whether it should be classified as a baseline for future 
IDE contracts.\7\ In reaching its conclusions, the Commission has 
reviewed the Notice, the agreement and the financial analyses provided 
under seal, and the Public Representative's comments.
---------------------------------------------------------------------------

    \7\ Previously, the Commission found the Inbound Direct 
Contracts product to be properly classified as a competitive 
product. See Order No. 105 at 7; see also 36 U.S.C. 3642(d).
---------------------------------------------------------------------------

    Statutory requirements. The Postal Service contends that the 
instant agreement 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. It asserts that 
Governors' Decision No. 08-6 supporting this agreement establishes a 
pricing formula and classification that ensures each contract meets the 
criteria of 39 U.S.C. 3633 and the regulations promulgated thereunder. 
It further states that the previously proposed IDE MCS language 
requires each contract to cover its attributable costs. Id. at 3.
    During the review of the Postal Service's financial supporting 
documentation, the Commission found discrepancies between (a) the 
supporting financial material, and (b) the contract rate provisions. 
The financial supporting documentation uses rates in effect prior to 
the May 11, 2009 increase in prices for market dominant products.\8\ 
The contract, however, contains the rates currently in effect. 
Additionally, the contract is based on Priority Mail commercial rates; 
however, the financial supporting documentation uses Priority Mail 
retail rates. These discrepancies did not adversely affect cost 
coverage for the contract. The Commission found these same 
discrepancies in Docket No. CP2009-41 and highlighted them in Order No. 
248.\9\
---------------------------------------------------------------------------

    \8\ See Docket No. R2009-2, Order Approving Revisions in Amended 
Notice of Market Dominant Price Adjustment, April 9, 2009. The 
Postal Service filed rates to become effective May 11, 2009.
    \9\ Docket No. CP2009-41, Order Concerning Filing of 
Functionally Equivalent Inbound Direct Entry Contracts Negotiated 
Service Agreement, July 15, 2009 (Order No. 248).
---------------------------------------------------------------------------

    Based on the data submitted and its analysis, the Commission finds 
that the agreement should cover its attributable costs (39 U.S.C. 
3633(a)(2)), should not lead to the subsidization of competitive 
products by market dominant products (39 U.S.C. 3633(a)(1)), and should 
have a positive effect on competitive products' contribution to 
institutional costs (39 U.S.C. 3633(a)(3)). Thus, an initial review of 
the proposed agreement indicates that it comports with the provisions 
applicable to rates for competitive products.
    Functional equivalence/baseline treatment. The Postal Service 
asserts that the instant contract is functionally equivalent to the IDE 
contracts filed previously because it shares similar cost and market 
characteristics, and therefore the contract should be classified as a 
single product. Notice at 3. The Postal Service notes, however, that 
the instant contract includes provisions not contained in the earlier 
IDE contracts. Id. These differences include: (1) Renewal can result 
automatically, without the parties' mutual agreement; (2) 
confidentiality duties that comport with the Commission's new 
confidentiality rules, and are governed in the text of the agreement 
rather than under an annex; and (3) the payment methods that are 
comparable to the terms in Docket No. CP2008-15, but not other prior 
IDE contracts.\10\ Id. at 4.
---------------------------------------------------------------------------

    \10\ The present contract differs from Docket No. CP2008-14, 
which did not use the Centralized Trust Account payment method, and 
Docket No. CP2009-41, which included an annex based on foreign 
financial regulatory requirements.
---------------------------------------------------------------------------

    The Postal Service also requests that the instant contract be 
considered a new baseline for future functional equivalent comparisons 
``[b]ecause future IDE Contracts are likely to resemble this contract 
in form and substance. Notice at 2. The Postal Service also explains

[[Page 51080]]

that the text of the earlier IDE contracts contain different extension 
terms, confidentiality, and payment account detail provisions, and it 
intends to incorporate the new provisions into subsequent IDE 
contracts. Thus, it expects ``future IDE Contracts to resemble the 
instant contract more closely than those in Docket Nos. CP2008-14 and 
CP2008-15.'' Id. at 4.
    In lieu of ruling on the functional equivalence of the instant 
contract to those previously filed, the Commission concludes, for 
reasons of accountability and transparency as suggested by the Public 
Representative, that the more appropriate outcome is to add the instant 
contract to the Competitive Product List as a new product, IDE 1. In 
approving the initial IDE contract, it was the Commission's expectation 
that it would be followed by additional IDE contracts that may exhibit 
sufficient variation from the initial contract to warrant being 
classified as a new product, e.g., IDE 2, IDE 3, etc. Given the Postal 
Service's intent to use the instant contract as a template for future 
IDE contracts and that it contains provisions not included in the 
earlier IDE contracts, the Commission will label the instant contract 
as a new product, IDE 1. To the extent that future IDE contracts with 
foreign posts are (substantially) based on the instant contract, the 
Postal Service may seek to have them classified as functionally 
equivalent. To the extent that such future contracts differ 
substantially, the Postal Service should file a request, pursuant to 39 
CFR 3020.1 et seq., to add a new product to the Competitive Product 
List.\11\
---------------------------------------------------------------------------

    \11\ As the Commission recently noted in Order No. 290, 
`[f]uture requests to implement a new baseline agreement should be 
filed as an MC docket since it will result in adding a new product 
to the product list and may result in removing a product from the 
product list.'' Docket No. CP2009-50, Order Granting Clarification 
and Adding Global Expedited Package Services 2 to the Competitive 
Product List, August 28, 2009 (Order No. 290).
---------------------------------------------------------------------------

    Following the current practice, the Postal Service shall identify 
all significant differences between any new IDE contract and the IDE 1 
product. Such differences would include terms and conditions that 
impose new obligations or new requirements on any party to the 
contract. In addition, and consistent with the current practice, a 
redacted copy of Governors' Decision No. 08-6 should be included in the 
new filing.

V. Ordering Paragraphs

    It is ordered:
    1. A new subcategory titled ``Inbound Direct Entry Contracts with 
Foreign Postal Administrations'' shall be created under the Inbound 
International category appearing in the Competitive Product list. This 
subcategory will include all individual Inbound Direct Entry Contracts 
with Foreign Postal Administrations products.
    2. The existing product titled ``Inbound Direct Entry Contracts 
with Foreign Postal Administrations (MC2008-6, CP2008-14 and CP2008-
15)'' shall appear under the subcategory Inbound Direct Entry Contracts 
with Foreign Postal Administrations until each of the individual 
contracts within this product has expired.
    3. The IDE contract filed in Docket No. CP2009-62 is added to the 
Competitive Product List as a new product, ``Inbound Direct Entry 
Contracts with Foreign Postal Administrations 1 (MC2008-6, CP2009-62)'' 
and shall appear under the subcategory Inbound Direct Entry Contracts 
with Foreign Postal Administrations.
    4. The Postal Service shall notify the Commission of the scheduled 
effective date and termination date and update the Commission if the 
contract terminates at an earlier date.
    5. The Secretary shall arrange for publication of this order in the 
Federal Register.

List of Subjects in 39 CFR Part 3020

    Administrative practice and procedure; Postal Service.

    By the Commission.
Judith M. Grady,
Acting Secretary.

0
For the reasons stated in the preamble, 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

[[Page 51081]]

    [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]
    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 Select & Parcel Return Service Contract 2 (MC2009-40 and 
CP2009-61)
    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 Expedited Package Services 2 (CP2009-50)
    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
    Inbound Direct Entry Contracts with Foreign Postal 
Administrations (MC2008-6, CP2008-14 and MC2008-15)
    Inbound Direct Entry Contracts with Foreign Postal 
Administrations 1 (MC2008-6 and CP2009-62)

[[Page 51082]]

    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. E9-23895 Filed 10-2-09; 8:45 am]
BILLING CODE 7710-FW-P
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