New Postal Product, 51467-51470 [E9-24237]
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Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations
concludes prior to the scheduled
termination time, the Captain of the Port
will cease enforcement of this safety
zone and will announce that fact via
Broadcast Notice to Mariners.
(c) Definitions. The following
definition applies to this section: As
used in this section, designated
representative, means any
commissioned, warrant, or petty officers
of the Coast Guard on board Coast
Guard, Coast Guard Auxiliary, or local,
State, or Federal law enforcement
vessels who have been authorized to act
on the behalf of the Captain of the Port.
(d) Regulations. (1) Under the general
regulations in § 165.23, 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
Sector San Diego Communications
Center (COMCEN). The COMCEN may
be contacted via 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 must proceed as
directed.
(5) The Coast Guard may be assisted
by other Federal, State, or local
agencies.
Dated: September 21, 2009.
T. H. Farris,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. E9–24176 Filed 10–6–09; 8:45 am]
BILLING CODE 4910–15–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket Nos. MC2009–42 and CP2009–63;
Order No. 305]
New Postal Product
Postal Regulatory Commission.
Final rule.
AGENCY:
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ACTION:
SUMMARY: The Commission is adding
the Priority Mail Contract 18 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.
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DATES: Effective October 7, 2009 and is
applicable beginning September 28,
2009.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
at 202–789–6820 or
stephen.sharfman@prc.gov.
Regulatory
History, 74 FR 48323 (September 22,
2009).
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Background
III. Comments
IV. Commission Analysis
V. Ordering Paragraphs
I. Introduction
The Postal Service seeks to add a new
product identified as Priority Mail
Contract 18 to the Competitive Product
List. For the reasons discussed below,
the Commission approves the Request.
II. Background
On September 11, 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 18
to the Competitive Product List.1 The
Postal Service asserts that the Priority
Mail Contract 18 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. MC2009–42.
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. CP2009–63.
In support of its Request, the Postal
Service filed the following materials: (1)
A redacted version of the Governors’
Decision, filed in Docket No MC2009–
25, authorizing the Priority Mail
Contract Group; 2 (2) a redacted version
of the contract; 3 (3) a requested change
in the Mail Classification Schedule
product list; 4 (4) a Statement of
Supporting Justification as required by
39 CFR 3020.32;5 (5) a certification of
compliance with 39 U.S.C. 3633(a); 6
and (6) an application for nonpublic
treatment of the materials filed under
seal.7 The redacted version of the
contract provides that the contract is
terminable on 30 days’ notice by either
1 Request of the United States Postal Service to
Add Priority Mail Contract 18 to Competitive
Product List, September 11, 2009 (Request).
2 Attachment A to the Request, reflecting
Governors’ Decision No. 09–6, April 27, 2009.
3 Attachment B to the Request.
4 Attachment C to the Request.
5 Attachment D to the Request.
6 Attachment E to the Request.
7 Attachment F to the Request.
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51467
party, but could continue until March
11, 2012 without modification except as
to price adjustments. Request,
Attachment B, Article III.
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 D, 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). Id., Attachment E.
The Postal Service filed much of the
supporting materials, including the
supporting data and the unredacted
contract, under seal. 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., Attachment F at 2–3.
In Order No. 298, the Commission
gave notice of the two dockets,
appointed a public representative,
sought supplemental information, and
provided the public with an opportunity
to comment.8 The Postal Service filed
its Response for supplemental
information pertaining to the sufficiency
of spreadsheets of the partially
superseded agreement, and related
data.9
III. Comments
Comments were filed by the Public
Representative.10 No comments were
submitted by other interested parties.
The Public Representative states that the
Postal Service’s filing comports with
title 39 and the relevant Commission
rules. Public Representative Comments
at 1. He further states that the agreement
8 PRC Order No. 298, Notice and Order
Concerning Priority Mail Contract 18 Negotiated
Service Agreement, September 15, 2009 (Order No.
298).
9 Response of the United States Postal Service to
Request for Supplemental Information in Order No.
298 (Questions 1 and 2), September 21, 2009
(Response).
10 Public Representative Comments in Response
to United States Postal Service Request to Add
Priority Mail Contract 18 Negotiated Service
Agreement to the Competitive Product List,
September 25, 2009 (Public Representative
Comments). The Public Representative also filed a
Motion of the Public Representative for Late
Acceptance of Comments in Response to United
States Postal Service Request to Add Priority Mail
Contract 18 to the Competitive Products List,
September 25, 2009. That motion is granted.
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Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations
appears to be beneficial to the general
public since ‘‘[i]n addition to having the
mailer prepare mailings for less costly
handling by the Postal Service, the
contract employs pricing incentives
favorable to the Postal Service and
thereby, the public.’’ Id. at 4. The Public
Representative notes that the Postal
Service has provided adequate
justification for maintaining
confidentiality in this case. Id. at 3.
IV. Commission Analysis
The Commission has reviewed the
Request, the contract, the financial
analysis provided under seal that
accompanies it, and the comments filed
by the Public Representative.
Statutory requirements. The
Commission’s statutory responsibilities
in this instance entail assigning Priority
Mail Contract 18 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 18 as a product to the
Market Dominant Product List or the
Competitive Product List, the
Commission must consider whether
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the Postal Service exercises sufficient market
power that it can effectively set the price of
such product substantially above costs, raise
prices significantly, decrease quality, or
decrease output, without risk of losing a
significant level of business to other firms
offering similar products.
39 U.S.C. 3642(b)(1). If so, the product
will be categorized as market dominant.
The competitive category of products
shall consist of all other products.
The Commission is further required to
consider the availability and nature of
enterprises in the private sector engaged
in the delivery of the product, the views
of those who use the product, and the
likely impact on small business
concerns. 39 U.S.C. 3642(b)(3).
The Postal Service asserts that its
bargaining position is constrained by
the existence of other shippers who can
provide similar services, thus
precluding it from taking unilateral
action to increase prices without the
risk of losing volume to private
companies. Request, Attachment D,
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
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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., 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., para. (h).
No commenter opposes the proposed
classification of Priority Mail Contract
18 as competitive. Having considered
the statutory requirements and the
support offered by the Postal Service,
the Commission finds that Priority Mail
Contract 18 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 18
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 18 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 18 indicates that it comports
with the provisions applicable to rates
for competitive products.
Agreements amending previous
negotiated service agreements. In its
Request, the Postal Service did not
clearly identify the existing contract that
the new one effectively modifies. The
new contract supersedes, in part, a
contract for Express Mail and Priority
Mail, only with respect to Priority Mail
terms.11 In the future, if it is amending
or changing an existing contract in a
new filing, the Postal Service shall
identify the contract and docket number
of the contract being amended or
changed in the new filing and describe
the changes. In addition, assuming the
existing contract is to continue, in part,
as modified, the Postal Service must
also certify, as part of its filing, that the
11 The existing contract became effective March
11, 2009. Request, Attachment B, at 1.
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amended contract still complies with
the requirements of 39 U.S.C. 3633(a).
Application for non-public treatment.
The Postal Service believes that the 10year period of non-public treatment, as
specified in 39 U.S.C. 3007.30, is
insufficient to protect customeridentifying information. Request,
Attachment F, at 7. It asserts that such
information should be protected
permanently and requests that the
Commission enter an order extending
that duration indefinitely.
The request is premature. Should the
need for non-public treatment remain
due to ongoing business relationships,
the Postal Service may submit a motion
to the Commission to extend the
duration at the appropriate time.12
Other considerations. Following the
scheduled termination date of the
agreement, the Commission will remove
the product from the Competitive
Product List.
In conclusion, the Commission
approves Priority Mail Contract 18 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.
V. Ordering Paragraphs
It is ordered:
1. Priority Mail Contract 18 (MC2009–
42 and CP2009–63) is added to the
Competitive Product List as a new
product under Negotiated Service
Agreements, Domestic.
2. The Postal Service shall notify the
Commission if termination occurs prior
to the scheduled termination date.
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.
By the Commission.
Shoshana M. Grove,
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:
■
12 See Docket Nos. MC2009–40 and CP2009–61,
Order Concerning Parcel Select & Parcel Return
Service Contract 2 Negotiated Service Agreement,
September 4, 2009, at 7.
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Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations
Appendix A to Subpart A of Part
3020—Mail Classification Schedule
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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
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[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
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51469
[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)
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Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Rules and Regulations
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)
Priority Mail Contract 18 (MC2009–42 and
CP2009–63)
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
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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)
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]
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Part C—Glossary of Terms and Conditions
[Reserved]
Part D—Country Price Lists for International
Mail [Reserved]
[FR Doc. E9–24237 Filed 10–6–09; 8:45 am]
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2009–0490; FRL–8439–1]
Sodium and Ammonium
Naphthalenesulfonate Formaldehyde
Condensates; Exemption from the
Requirement of a Tolerance
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: This regulation establishes an
exemption from the requirement of a
tolerance for residues of the sodium and
ammonium napthalenesulfonate
formaldehyde condensates, herein
referred to in this document as the
SANFCs, when used as inert ingredients
in pesticide formulations applied preharvest and post-harvest. The Joint
Inerts Task Force (JITF), Cluster Support
Team Number 11 and Akzo Nobel
Surface Chemistry, LLC, submitted
petitions to EPA under the Federal
Food, Drug, and Cosmetic Act (FFDCA),
requesting an exemption from the
requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of the SANFCs.
DATES: This regulation is effective
October 7, 2009. Objections and
requests for hearings must be received
on or before December 7, 2009, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2009–0490. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
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]]>Agencies
[Federal Register Volume 74, Number 193 (Wednesday, October 7, 2009)]
[Rules and Regulations]
[Pages 51467-51470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24237]
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POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket Nos. MC2009-42 and CP2009-63; Order No. 305]
New Postal Product
AGENCY: Postal Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Commission is adding the Priority Mail Contract 18 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 7, 2009 and is applicable beginning September
28, 2009.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
at 202-789-6820 or stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION: Regulatory History, 74 FR 48323 (September
22, 2009).
I. Introduction
II. Background
III. Comments
IV. Commission Analysis
V. Ordering Paragraphs
I. Introduction
The Postal Service seeks to add a new product identified as
Priority Mail Contract 18 to the Competitive Product List. For the
reasons discussed below, the Commission approves the Request.
II. Background
On September 11, 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 18 to the Competitive Product List.\1\ The Postal Service
asserts that the Priority Mail Contract 18 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. MC2009-42.
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\1\ Request of the United States Postal Service to Add Priority
Mail Contract 18 to Competitive Product List, September 11, 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. CP2009-63.
In support of its Request, the Postal Service filed the following
materials: (1) A redacted version of the Governors' Decision, filed in
Docket No MC2009-25, authorizing the Priority Mail Contract Group; \2\
(2) a redacted version of the contract; \3\ (3) a requested change in
the Mail Classification Schedule product list; \4\ (4) a Statement of
Supporting Justification as required by 39 CFR 3020.32;\5\ (5) a
certification of compliance with 39 U.S.C. 3633(a); \6\ and (6) an
application for nonpublic treatment of the materials filed under
seal.\7\ The redacted version of the contract provides that the
contract is terminable on 30 days' notice by either party, but could
continue until March 11, 2012 without modification except as to price
adjustments. Request, Attachment B, Article III.
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\2\ Attachment A to the Request, reflecting Governors' Decision
No. 09-6, April 27, 2009.
\3\ Attachment B to the Request.
\4\ Attachment C to the Request.
\5\ Attachment D to the Request.
\6\ Attachment E to the Request.
\7\ Attachment F 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 D, 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). Id., Attachment E.
The Postal Service filed much of the supporting materials,
including the supporting data and the unredacted contract, under seal.
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., Attachment F at
2-3.
In Order No. 298, the Commission gave notice of the two dockets,
appointed a public representative, sought supplemental information, and
provided the public with an opportunity to comment.\8\ The Postal
Service filed its Response for supplemental information pertaining to
the sufficiency of spreadsheets of the partially superseded agreement,
and related data.\9\
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\8\ PRC Order No. 298, Notice and Order Concerning Priority Mail
Contract 18 Negotiated Service Agreement, September 15, 2009 (Order
No. 298).
\9\ Response of the United States Postal Service to Request for
Supplemental Information in Order No. 298 (Questions 1 and 2),
September 21, 2009 (Response).
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III. Comments
Comments were filed by the Public Representative.\10\ No comments
were submitted by other interested parties. The Public Representative
states that the Postal Service's filing comports with title 39 and the
relevant Commission rules. Public Representative Comments at 1. He
further states that the agreement
[[Page 51468]]
appears to be beneficial to the general public since ``[i]n addition to
having the mailer prepare mailings for less costly handling by the
Postal Service, the contract employs pricing incentives favorable to
the Postal Service and thereby, the public.'' Id. at 4. The Public
Representative notes that the Postal Service has provided adequate
justification for maintaining confidentiality in this case. Id. at 3.
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\10\ Public Representative Comments in Response to United States
Postal Service Request to Add Priority Mail Contract 18 Negotiated
Service Agreement to the Competitive Product List, September 25,
2009 (Public Representative Comments). The Public Representative
also filed a Motion of the Public Representative for Late Acceptance
of Comments in Response to United States Postal Service Request to
Add Priority Mail Contract 18 to the Competitive Products List,
September 25, 2009. That motion is granted.
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IV. Commission Analysis
The Commission has reviewed the Request, the contract, the
financial analysis provided under seal that accompanies it, and the
comments filed by the Public Representative.
Statutory requirements. The Commission's statutory responsibilities
in this instance entail assigning Priority Mail Contract 18 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 18 as a product to the Market Dominant Product List or
the Competitive Product List, the Commission must consider whether
the Postal Service exercises sufficient market power that it can
effectively set the price of such product substantially above costs,
raise prices significantly, decrease quality, or decrease output,
without risk of losing a significant level of business to other
firms offering similar products.
39 U.S.C. 3642(b)(1). If so, the product will be categorized as market
dominant. The competitive category of products shall consist of all
other products.
The Commission is further required to consider the availability and
nature of enterprises in the private sector engaged in the delivery of
the product, the views of those who use the product, and the likely
impact on small business concerns. 39 U.S.C. 3642(b)(3).
The Postal Service asserts that its bargaining position is
constrained by the existence of other shippers who can provide similar
services, thus precluding it from taking unilateral action to increase
prices without the risk of losing volume to private companies. Request,
Attachment D, 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., 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., para. (h).
No commenter opposes the proposed classification of Priority Mail
Contract 18 as competitive. Having considered the statutory
requirements and the support offered by the Postal Service, the
Commission finds that Priority Mail Contract 18 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 18 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 18 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 18 indicates that it comports with the
provisions applicable to rates for competitive products.
Agreements amending previous negotiated service agreements. In its
Request, the Postal Service did not clearly identify the existing
contract that the new one effectively modifies. The new contract
supersedes, in part, a contract for Express Mail and Priority Mail,
only with respect to Priority Mail terms.\11\ In the future, if it is
amending or changing an existing contract in a new filing, the Postal
Service shall identify the contract and docket number of the contract
being amended or changed in the new filing and describe the changes. In
addition, assuming the existing contract is to continue, in part, as
modified, the Postal Service must also certify, as part of its filing,
that the amended contract still complies with the requirements of 39
U.S.C. 3633(a).
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\11\ The existing contract became effective March 11, 2009.
Request, Attachment B, at 1.
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Application for non-public treatment. The Postal Service believes
that the 10-year period of non-public treatment, as specified in 39
U.S.C. 3007.30, is insufficient to protect customer-identifying
information. Request, Attachment F, at 7. It asserts that such
information should be protected permanently and requests that the
Commission enter an order extending that duration indefinitely.
The request is premature. Should the need for non-public treatment
remain due to ongoing business relationships, the Postal Service may
submit a motion to the Commission to extend the duration at the
appropriate time.\12\
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\12\ See Docket Nos. MC2009-40 and CP2009-61, Order Concerning
Parcel Select & Parcel Return Service Contract 2 Negotiated Service
Agreement, September 4, 2009, at 7.
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Other considerations. Following the scheduled termination date of
the agreement, the Commission will remove the product from the
Competitive Product List.
In conclusion, the Commission approves Priority Mail Contract 18 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.
V. Ordering Paragraphs
It is ordered:
1. Priority Mail Contract 18 (MC2009-42 and CP2009-63) is added to
the Competitive Product List as a new product under Negotiated Service
Agreements, Domestic.
2. The Postal Service shall notify the Commission if termination
occurs prior to the scheduled termination date.
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.
By the Commission.
Shoshana M. Grove,
Secretary.
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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:
[[Page 51469]]
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]
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)
[[Page 51470]]
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)
Priority Mail Contract 18 (MC2009-42 and CP2009-63)
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)
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. E9-24237 Filed 10-6-09; 8:45 am]
BILLING CODE 7710-FW-P
