New Postal Product, 67816-67819 [E9-30230]
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Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Rules and Regulations
Medicine (HFV–110), Food and Drug
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 240–276–8337, email: melanie.berson@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: Luitpold
Pharmaceuticals, Inc., Animal Health
Division, Shirley, NY 11967, filed a
supplement to NADA 140–901 for
ADEQUAN (polysulfated
glycosaminoglycan), an injectable
solution approved for use in horses and
dogs by veterinary prescription for
noninfectious degenerative and/or
traumatic joint disease. The
supplemental NADA provides for
additional vial sizes. The application is
approved as of November 10, 2009, and
the regulations are amended in 21 CFR
522.1850 to reflect the approval.
Approval of this supplemental NADA
did not require review of additional
safety or effectiveness data or
information. Therefore, a freedom of
information summary is not required.
The agency has determined under
§ 25.33 that this action is of a type that
does not individually or cumulatively
have a significant effect on the human
environment. Therefore, neither an
environmental assessment nor an
environmental impact statement is
required.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
List of Subjects in 21 CFR Part 522
Animal drugs.
■ Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 522 is amended as follows:
PART 522—IMPLANTATION OR
INJECTABLE DOSAGE FORM NEW
ANIMAL DRUGS
1. The authority citation for 21 CFR
part 522 continues to read as follows:
■
Authority: 21 U.S.C. 360b.
2. In § 522.1850, revise paragraph (a)
to read as follows:
■
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§ 522.1850 Polysulfated
glycosaminoglycan.
(a) Specifications. (1) Each 1-milliliter
(mL) ampule of solution contains 250
milligrams (mg) polysulfated
glycosaminoglycan.
(2) Each mL of solution packaged in
5-mL ampules or 20-, 30-, or 50-mL vials
contains 100 mg polysulfated
glycosaminoglycan.
*
*
*
*
*
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Dated: December 15, 2009.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. E9–30222 Filed 12–18–09; 8:45 am]
BILLING CODE 4160–01–S
POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket Nos. MC2010–9 and CP2010–9;
Order No. 344]
New Postal Product
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Commission is adding
Priority Mail Contract 23 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 December 21, 2009 and
is applicable beginning October 28,
2009.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820 or
stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION: Regulatory
History, 74 FR 59015 (November 16,
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 23 to the Competitive Product
List. For the reasons discussed below,
the Commission approves the Request.
II. Background
Pursuant to 39 U.S.C. 3642 and 39
CFR 3020.30 et seq., the Postal Service
filed a formal request and associated
supporting information to add Priority
Mail Contract 23 to the Competitive
Product List.1 The Postal Service asserts
that Priority Mail Contract 23 is a
competitive product ‘‘not of general
applicability’’ within the meaning of 39
U.S.C. 3632(b)(3). The Postal Service
states that prices and classification
underlying this contract are supported
1 Request of the United States Postal Service to
Add Priority Mail Contract 23 to Competitive
Product List and Notice of Filing (Under Seal) of
Contract and Supporting Data, November 5, 2009
(Request).
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by Governors’ Decision No. 09–06 in
Docket No. MC2009–25. Id. at 1. The
Request has been assigned Docket No.
MC2010–9.
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. CP2010–9.
In support of its Request, the Postal
Service filed the following materials: (1)
A redacted version of the Governors’
Decision, originally filed in Docket No.
MC2010–25, authorizing certain Priority
Mail contracts; 2 (2) a redacted version
of the contract; 3 (3) a requested change
in the Competitive 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 non-public treatment of the materials
filed under seal.7
In the Statement of Supporting
Justification, Mary Prince Anderson,
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
institutional costs, and increase
contribution toward the requisite 5.5
percent of the Postal Service’s total
institutional costs. Id., Attachment D.
Thus, Ms. Anderson contends there will
be no issue of subsidization of
competitive products by market
dominant products as a result of this
contract. Id.
A redacted version of the specific
Priority Mail Contract 23 is included
with the Request. The contract will
become effective on the day that the
Commission provides all necessary
regulatory approvals. It is terminable
upon 30 days’ notice by either party, but
could continue for up to one year. The
Postal Service represents that the
contract is consistent with 39 U.S.C.
3633(a). See id., Attachment D. The
Postal Service will provide Priority Mail
packaging for items mailed by the
shipper.
The Postal Service filed much of the
supporting materials, including the
specific Priority Mail Contract 23, under
seal. In its Request, the Postal Service
maintains that the contract and related
financial information, including the
customer’s name and the accompanying
2 Attachment A to the Request, reflecting
Governors’ Decision No. 09–06, 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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Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Rules and Regulations
analyses that provide prices, terms,
conditions, cost data, and financial
projections should remain under seal.
Id. at 2. It also requests that the
Commission order that the duration of
such treatment of all customer
identifying information be extended
indefinitely, instead of ending after 10
years. Id., Attachment F, at 1 and 7.
In Order No. 336, the Commission
gave notice of the two dockets,
requested supplemental information,
appointed a public representative, and
provided the public with an opportunity
to comment.8 On November 13, 2009,
the Postal Service provided its response
to the Commission’s request for
supplemental information. On
November 16, 2009, Chairman’s
Information Request No. 1 was issued
for response by the Postal Service by
November 19, 2009. The Postal Service
filed its response on November 19,
2009.
III. Comments
Comments were filed by the Public
Representative.9 No comments were
submitted by other interested parties.
The Public Representative states that the
Postal Service’s filing meets the
pertinent provisions of title 39 and the
relevant Commission rules. Id. at 1, 3.
He further states that the agreement
employs pricing terms favorable to the
customer, the Postal Service, and
thereby, the public. Id. at 3. The Public
Representative also believes that the
Postal Service has provided appropriate
justification for maintaining
confidentiality in this case. Id. at 2–3.
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 23 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
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8 PRC
Order No. 336, Notice and Order
Concerning Priority Mail Contract 23 Negotiated
Service Agreement, November 9, 2009 (Order No.
336).
9 Public Representative Comments in Response to
United States Postal Service Request to Add Priority
Mail Contract 23 Negotiated Service Agreement to
the Competitive Products List, November 18, 2009
(Public Representative Comments). This filing was
accompanied by a Motion of the Public
Representative for Late Acceptance of Comments in
Response to United States Postal Service Request to
Add Priority Mail Contract 23 Negotiated Service
Agreement to the Competitive Products List,
November 18, 2009. The motion is granted.
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for compliance with the Postal
Accountability and Enhancement Act
(PAEA) requirements. This includes, for
proposed competitive products, a
review of the provisions applicable to
rates for competitive products. 39 U.S.C.
3633.
Product list assignment. In
determining whether to assign Priority
Mail Contract 23 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
consists 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, ¶
(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., ¶ (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., ¶ (h).
No commenter opposes the proposed
classification of Priority Mail Contract
23 as competitive. Having considered
the statutory requirements and the
support offered by the Postal Service,
the Commission finds that Priority Mail
Contract 23 is appropriately classified as
a competitive product and should be
added to the Competitive Product List.
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67817
Cost considerations. The Postal
Service presents a financial analysis
showing that Priority Mail Contract 23
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 23 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 23 indicates that it comports
with the provisions applicable to rates
for competitive products.
Other considerations. The Postal
Service indicates that the instant
contract supersedes the current contract,
approved in Docket Nos. MC2009–2 and
CP2009–3, and which was extended at
the Postal Service’s request.10 Given
that, the Postal Service shall no later
than 30 days after the effective date of
the new contract, provide cost, revenue
and volume data associated with the
current contract to be filed in Docket
No. MC2009–2 and CP2009–3.
In conclusion, the Commission
approves Priority Mail Contract 23 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 23 (MC2010–
9 and CP2010–9) 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 discussed in the
preamble, the Postal Regulatory
Commission amends chapter III of title
■
10 Docket Nos. MC2009–2 and CP2009–3, PRC
Order No. 332, Order Granting Motion for
Temporary Relief, November 5, 2009.
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Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Rules and Regulations
39 of the Code of Federal Regulations as
follows:
PART 3020—PRODUCT LISTS
1. The authority citation for part 3020
continues to read as follows:
■
Authority: 39 U.S.C. 503; 3622; 3631;
3642; 3682.
2. Revise Appendix A to Subpart A of
Part 3020—Mail Classification Schedule
to read as follows:
■
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Appendix 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
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[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
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[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)
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Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Rules and Regulations
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 Contract 5 (MC2010–5 and
CP2010–5)
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 1 (MC2009–11 and CP2009–13)
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)
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Priority Mail Contract 19 (MC2010–1 and
CP2010–1)
Priority Mail Contract 20 (MC2010–2 and
CP2010–2)
Priority Mail Contract 21 (MC2010–3 and
CP2010–3)
Priority Mail Contract 22 (MC2010–4 and
CP2010–4)
Priority Mail Contract 23 (MC2010–9 and
CP2010–9)
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)
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67819
[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. E9–30230 Filed 12–18–09; 8:45 am]
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2008–0379; FRL–8982–4]
Approval and Promulgation of
Maintenance Plan for Carbon
Monoxide; State of Arizona; Tucson
Air Planning Area
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: Pursuant to the Clean Air Act,
EPA is approving two revisions to the
Arizona State Implementation Plan.
These revisions include the 2008
Revision to the Carbon Monoxide
Limited Maintenance Plan for the
Tucson Air Planning Area, submitted on
July 10, 2008, and a statutory provision,
submitted on June 22, 2009, that
extends the life of the State’s vehicle
emissions inspection program through
the end of 2016. EPA is taking this
action pursuant to those provisions of
the Clean Air Act that obligate the
Agency to take action on submittals of
revisions to state implementation plans.
The effect of this action is to make
certain commitments related to
maintenance of the carbon monoxide
standard in the Tucson Air Planning
Area Federally enforceable as part of the
Arizona State Implementation Plan.
DATES: Effective Date: This rule is
effective on January 20, 2010.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2008–0379 for
this action. The index to the docket is
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]]>Agencies
[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Rules and Regulations]
[Pages 67816-67819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30230]
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POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket Nos. MC2010-9 and CP2010-9; Order No. 344]
New Postal Product
AGENCY: Postal Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Commission is adding Priority Mail Contract 23 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 December 21, 2009 and is applicable beginning October
28, 2009.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
202-789-6820 or stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION: Regulatory History, 74 FR 59015 (November
16, 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 23 to the Competitive Product List. For the
reasons discussed below, the Commission approves the Request.
II. Background
Pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal
Service filed a formal request and associated supporting information to
add Priority Mail Contract 23 to the Competitive Product List.\1\ The
Postal Service asserts that Priority Mail Contract 23 is a competitive
product ``not of general applicability'' within the meaning of 39
U.S.C. 3632(b)(3). The Postal Service states that prices and
classification underlying this contract are supported by Governors'
Decision No. 09-06 in Docket No. MC2009-25. Id. at 1. The Request has
been assigned Docket No. MC2010-9.
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\1\ Request of the United States Postal Service to Add Priority
Mail Contract 23 to Competitive Product List and Notice of Filing
(Under Seal) of Contract and Supporting Data, November 5, 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. CP2010-9.
In support of its Request, the Postal Service filed the following
materials: (1) A redacted version of the Governors' Decision,
originally filed in Docket No. MC2010-25, authorizing certain Priority
Mail contracts; \2\ (2) a redacted version of the contract; \3\ (3) a
requested change in the Competitive 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 non-public treatment of the materials filed under
seal.\7\
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\2\ Attachment A to the Request, reflecting Governors' Decision
No. 09-06, 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,
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 institutional costs, and
increase contribution toward the requisite 5.5 percent of the Postal
Service's total institutional costs. Id., Attachment D. Thus, Ms.
Anderson contends there will be no issue of subsidization of
competitive products by market dominant products as a result of this
contract. Id.
A redacted version of the specific Priority Mail Contract 23 is
included with the Request. The contract will become effective on the
day that the Commission provides all necessary regulatory approvals. It
is terminable upon 30 days' notice by either party, but could continue
for up to one year. The Postal Service represents that the contract is
consistent with 39 U.S.C. 3633(a). See id., Attachment D. The Postal
Service will provide Priority Mail packaging for items mailed by the
shipper.
The Postal Service filed much of the supporting materials,
including the specific Priority Mail Contract 23, under seal. In its
Request, the Postal Service maintains that the contract and related
financial information, including the customer's name and the
accompanying
[[Page 67817]]
analyses that provide prices, terms, conditions, cost data, and
financial projections should remain under seal. Id. at 2. It also
requests that the Commission order that the duration of such treatment
of all customer identifying information be extended indefinitely,
instead of ending after 10 years. Id., Attachment F, at 1 and 7.
In Order No. 336, the Commission gave notice of the two dockets,
requested supplemental information, appointed a public representative,
and provided the public with an opportunity to comment.\8\ On November
13, 2009, the Postal Service provided its response to the Commission's
request for supplemental information. On November 16, 2009, Chairman's
Information Request No. 1 was issued for response by the Postal Service
by November 19, 2009. The Postal Service filed its response on November
19, 2009.
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\8\ PRC Order No. 336, Notice and Order Concerning Priority Mail
Contract 23 Negotiated Service Agreement, November 9, 2009 (Order
No. 336).
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III. Comments
Comments were filed by the Public Representative.\9\ No comments
were submitted by other interested parties. The Public Representative
states that the Postal Service's filing meets the pertinent provisions
of title 39 and the relevant Commission rules. Id. at 1, 3. He further
states that the agreement employs pricing terms favorable to the
customer, the Postal Service, and thereby, the public. Id. at 3. The
Public Representative also believes that the Postal Service has
provided appropriate justification for maintaining confidentiality in
this case. Id. at 2-3.
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\9\ Public Representative Comments in Response to United States
Postal Service Request to Add Priority Mail Contract 23 Negotiated
Service Agreement to the Competitive Products List, November 18,
2009 (Public Representative Comments). This filing was accompanied
by a Motion of the Public Representative for Late Acceptance of
Comments in Response to United States Postal Service Request to Add
Priority Mail Contract 23 Negotiated Service Agreement to the
Competitive Products List, November 18, 2009. The 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 23 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 23 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 consists 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, ] (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., ] (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., ] (h).
No commenter opposes the proposed classification of Priority Mail
Contract 23 as competitive. Having considered the statutory
requirements and the support offered by the Postal Service, the
Commission finds that Priority Mail Contract 23 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 23 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 23 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 23 indicates that it comports with the
provisions applicable to rates for competitive products.
Other considerations. The Postal Service indicates that the instant
contract supersedes the current contract, approved in Docket Nos.
MC2009-2 and CP2009-3, and which was extended at the Postal Service's
request.\10\ Given that, the Postal Service shall no later than 30 days
after the effective date of the new contract, provide cost, revenue and
volume data associated with the current contract to be filed in Docket
No. MC2009-2 and CP2009-3.
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\10\ Docket Nos. MC2009-2 and CP2009-3, PRC Order No. 332, Order
Granting Motion for Temporary Relief, November 5, 2009.
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In conclusion, the Commission approves Priority Mail Contract 23 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 23 (MC2010-9 and CP2010-9) 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 discussed in the preamble, the Postal Regulatory
Commission amends chapter III of title
[[Page 67818]]
39 of the Code of Federal Regulations as follows:
PART 3020--PRODUCT LISTS
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1. The authority citation for part 3020 continues to read as follows:
Authority: 39 U.S.C. 503; 3622; 3631; 3642; 3682.
0
2. Revise Appendix A to Subpart A of Part 3020--Mail Classification
Schedule to read as follows:
Appendix A to Subpart A of Part 3020--Mail Classification Schedule
Part A--Market Dominant Products
1000 Market Dominant Product List
First-Class Mail
Single-Piece Letters/Postcards
Bulk Letters/Postcards
Flats
Parcels
Outbound Single-Piece First-Class Mail International
Inbound Single-Piece First-Class Mail International
Standard Mail (Regular and Nonprofit)
High Density and Saturation Letters
High Density and Saturation Flats/Parcels
Carrier Route
Letters
Flats
Not Flat-Machinables (NFMs)/Parcels
Periodicals
Within County Periodicals
Outside County Periodicals
Package Services
Single-Piece Parcel Post
Inbound Surface Parcel Post (at UPU rates)
Bound Printed Matter Flats
Bound Printed Matter Parcels
Media Mail/Library Mail
Special Services
Ancillary Services
International Ancillary Services
Address List Services
Caller Service
Change-of-Address Credit Card Authentication
Confirm
International Reply Coupon Service
International Business Reply Mail Service
Money Orders
Post Office Box Service
Negotiated Service Agreements
HSBC North America Holdings Inc. Negotiated Service Agreement
Bookspan Negotiated Service Agreement
Bank of America Corporation Negotiated Service Agreement
The Bradford Group Negotiated Service Agreement
Inbound International
Canada Post--United States Postal Service Contractual Bilateral
Agreement for Inbound Market Dominant Services
Market Dominant Product Descriptions
First-Class Mail
[Reserved for Class Description]
Single-Piece Letters/Postcards
[Reserved for Product Description]
Bulk Letters/Postcards
[Reserved for Product Description]
Flats
[Reserved for Product Description]
Parcels
[Reserved for Product Description]
Outbound Single-Piece First-Class Mail International
[Reserved for Product Description]
Inbound Single-Piece First-Class Mail International
[Reserved for Product Description]
Standard Mail (Regular and Nonprofit)
[Reserved for Class Description]
High Density and Saturation Letters
[Reserved for Product Description]
High Density and Saturation Flats/Parcels
[Reserved for Product Description]
Carrier Route
[Reserved for Product Description]
Letters
[Reserved for Product Description]
Flats
[Reserved for Product Description]
Not Flat-Machinables (NFMs)/Parcels
[Reserved for Product Description]
Periodicals
[Reserved for Class Description]
Within County Periodicals
[Reserved for Product Description]
Outside County Periodicals
[Reserved for Product Description]
Package Services
[Reserved for Class Description]
Single-Piece Parcel Post
[Reserved for Product Description]
Inbound Surface Parcel Post (at UPU rates)
[Reserved for Product Description]
Bound Printed Matter Flats
[Reserved for Product Description]
Bound Printed Matter Parcels
[Reserved for Product Description]
Media Mail/Library Mail
[Reserved for Product Description]
Special Services
[Reserved for Class Description]
Ancillary Services
[Reserved for Product Description]
Address Correction Service
[Reserved for Product Description]
Applications and Mailing Permits
[Reserved for Product Description]
Business Reply Mail
[Reserved for Product Description]
Bulk Parcel Return Service
[Reserved for Product Description]
Certified Mail
[Reserved for Product Description]
Certificate of Mailing
[Reserved for Product Description]
Collect on Delivery
[Reserved for Product Description]
Delivery Confirmation
[Reserved for Product Description]
Insurance
[Reserved for Product Description]
Merchandise Return Service
[Reserved for Product Description]
Parcel Airlift (PAL)
[Reserved for Product Description]
Registered Mail
[Reserved for Product Description]
Return Receipt
[Reserved for Product Description]
Return Receipt for Merchandise
[Reserved for Product Description]
Restricted Delivery
[Reserved for Product Description]
Shipper-Paid Forwarding
[Reserved for Product Description]
Signature Confirmation
[Reserved for Product Description]
Special Handling
[Reserved for Product Description]
Stamped Envelopes
[Reserved for Product Description]
Stamped Cards
[Reserved for Product Description]
Premium Stamped Stationery
[Reserved for Product Description]
Premium Stamped Cards
[Reserved for Product Description]
International Ancillary Services
[Reserved for Product Description]
International Certificate of Mailing
[Reserved for Product Description]
International Registered Mail
[Reserved for Product Description]
International Return Receipt
[Reserved for Product Description]
International Restricted Delivery
[Reserved for Product Description]
Address List Services
[Reserved for Product Description]
Caller Service
[Reserved for Product Description]
Change-of-Address Credit Card Authentication
[Reserved for Product Description]
Confirm
[Reserved for Product Description]
International Reply Coupon Service
[Reserved for Product Description]
International Business Reply Mail Service
[Reserved for Product Description]
Money Orders
[Reserved for Product Description]
Post Office Box Service
[Reserved for Product Description]
Negotiated Service Agreements
[Reserved for Class Description]
HSBC North America Holdings Inc. Negotiated Service Agreement
[Reserved for Product Description]
Bookspan Negotiated Service Agreement
[Reserved for Product Description]
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)
[[Page 67819]]
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 Contract 5 (MC2010-5 and CP2010-5)
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 1 (MC2009-11 and
CP2009-13)
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)
Priority Mail Contract 19 (MC2010-1 and CP2010-1)
Priority Mail Contract 20 (MC2010-2 and CP2010-2)
Priority Mail Contract 21 (MC2010-3 and CP2010-3)
Priority Mail Contract 22 (MC2010-4 and CP2010-4)
Priority Mail Contract 23 (MC2010-9 and CP2010-9)
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. E9-30230 Filed 12-18-09; 8:45 am]
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