New Postal Product, 3988-3993 [2010-1452]
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Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Rules and Regulations
United States of America Federal
Energy Regulatory Commission
18 CFR Part 381
[Docket No. RM10–14–000]
Annual Update of Filing Fees in Part
381 Annual Update of Filing Fees
(Issued January 20, 2010)
The Federal Energy Regulatory
Commission (Commission) is issuing
this notice to update filing fees that the
Commission assesses for specific
services and benefits provided to
identifiable beneficiaries. Pursuant to 18
CFR 381.104, the Commission is
establishing updated fees on the basis of
the Commission’s Fiscal Year 2009
costs. The adjusted fees announced in
this notice are effective February 25,
2010. The Commission has determined,
with the concurrence of the
Administrator of the Office of
Information and Regulatory Affairs of
the Office of Management and Budget,
that this Final Rule is not a major rule
within the meaning of section 251 of
Subtitle E of Small Business Regulatory
Enforcement Fairness Act, 5 U.S.C.
804(2). The Commission is submitting
this Final Rule to both houses of the
United States Congress and to the
Comptroller General of the United
States.
The new fee schedule is as follows:
Fees Applicable to the Natural Gas Policy Act
1. Petitions for rate approval pursuant to 18 CFR 284.123(b)(2). (18 CFR 381.403) ......................................................................
Fees Applicable to General Activities
1. Petition for issuance of a declaratory order (except under Part I of the Federal Power Act). (18 CFR 381.302(a)) ................
2. Review of a Department of Energy remedial order:
Amount in controversy
$0–9,999. (18 CFR 381.303(b)) ...................................................................................................................................................
$10,000–29,999. (18 CFR 381.303(b)) ........................................................................................................................................
$30,000 or more. (18 CFR 381.303(a)) .......................................................................................................................................
3. Review of a Department of Energy denial of adjustment:
Amount in controversy
$0–9,999. (18 CFR 381.304(b)) ...................................................................................................................................................
$10,000–29,999. (18 CFR 381.304(b)) ........................................................................................................................................
$30,000 or more. (18 CFR 381.304(a)) .......................................................................................................................................
4. Written legal interpretations by the Office of General Counsel. (18 CFR 381.305(a)) ...............................................................
Fees Applicable to Natural Gas Pipelines
1. Pipeline certificate applications pursuant to 18 CFR 284.224. (18 CFR 381.207(b)) .................................................................
Fees Applicable to Cogenerators and Small Power Producers
1. Certification of qualifying status as a small power production facility. (18 CFR 381.505(a)) ..................................................
2. Certification of qualifying status as a cogeneration facility. (18 CFR 381.505(a)) .....................................................................
* This fee has not been changed.
List of Subjects in 18 CFR Part 381
§ 381.304
Electric power plants, Electric
utilities, Natural gas, Reporting and
recordkeeping requirements.
[Amended]
■
In consideration of the foregoing, the
Commission amends Part 381, Chapter I,
Title 18, Code of Federal Regulations, as
set forth below.
5. In 381.305, paragraph (a) is
amended by removing ‘‘$6,470’’ and
adding ‘‘$6,640’’ in its place.
■
§ 381.403
[Amended]
6. Section 381.403 is amended by
removing ‘‘$11,220’’ and adding
‘‘$11,520’’ in its place.
■
1. The authority citation for Part 381
continues to read as follows:
Authority: 15 U.S.C. 717–717w; 16 U.S.C.
791–828c, 2601–2645; 31 U.S.C. 9701; 42
U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App.
U.S.C. 1–85.
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§ 381.302
[Amended]
2. In 381.302, paragraph (a) is
amended by removing ‘‘$22,550’’ and
adding ‘‘$23,140’’ in its place.
■
§ 381.303
§ 381.505
[Amended]
7. In 381.505, paragraph (a) is
amended by removing ‘‘$19,390’’ and
adding ‘‘$19,900’’ in its place and by
removing ‘‘$21,950’’ and adding
‘‘$22,530’’ in its place.
■
[FR Doc. 2010–1446 Filed 1–25–10; 8:45 am]
BILLING CODE P
[Amended]
3. In 381.303, paragraph (a) is
amended by removing ‘‘$32,920’’ and
adding ‘‘$33,780’’ in its place.
13:55 Jan 25, 2010
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* 1,000
19,900
22,530
[Docket Nos. MC2010–11 and CP2010–11;
Order No. 362]
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Commission is adding
Inbound Air Parcel Post at nonUniversal Postal Union rates to the
product list. This action is consistent
with changes in a postal reform law.
The Commission is also making
clarifying editorial changes to a related
product that is already on the product
list. Republication of the lists of market
dominant and competitive products is
consistent with a statutory requirement.
DATES: Effective January 26, 2010 and is
applicable beginning December 15,
2009.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820 or
stephen.sharfman@prc.gov.
Regulatory
History, 74 FR 62357 (November 27,
2009).
■
VerDate Nov<24>2008
100
600
17,710
6,640
New Postal Product
[Amended]
PART 381—FEES
■
100
600
33,780
39 CFR Part 3020
§ 381.305
■
23,140
POSTAL REGULATORY COMMISSION
4. In 381.304, paragraph (a) is
amended by removing ‘‘$17,260’’ and
adding ‘‘$17,710’’ in its place.
Thomas R. Herlihy,
Executive Director.
$11,520
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Rules and Regulations
I. Introduction
II. Background
III. Comments
IV. Commission Analysis
V. Ordering Paragraphs
I. Introduction
The Postal Service seeks to add a new
product, Inbound Air Parcel Post at
Universal Postal Union (UPU) Rates, to
the Competitive Product List. For the
reasons discussed below, the
Commission approves the Request.
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II. Background
On November 17, 2009, the Postal
Service filed a request pursuant to 39
U.S.C. 3642 and 39 CFR 3020.30 et seq.
to add Inbound Air Parcel Post at
Universal Postal Union (UPU) Rates to
the Competitive Product List.1 The
Postal Service asserts that Inbound Air
Parcel Post is a competitive product
within the meaning of 39 U.S.C.
3632(b)(3).
The Postal Service states that prices
and classifications underlying these
rates are supported by Governors’
Decision No. 09–15.2 Id. at 1–2. This
Request has been assigned Docket No.
MC2010–11.
The Postal Service states that
Governors’ Decision No. 09–15
establishes the prices for Inbound Air
Parcel Post at UPU Rates and the
changes in classification necessary to
implement those prices. Id. at 3.
Governors’ Decision No. 09–15
authorizes inward land rates when there
is no contractual relationship with the
tendering postal operator at the highest
inward land rate for which the United
States is eligible under the Parcel Post
Regulations. Id. These rates are assigned
Docket No. CP2010–11.
Request. In support of its Request, the
Postal Service filed the following
materials: (1) An application for nonpublic treatment of pricing and
supporting documents filed under seal;
3 (2) a Statement of Supporting
Justification as required by 39 CFR
3020.32;4 (3) a redacted version of
1 Request of the United States Postal Service to
Add Inbound Air Parcel Post at Universal Postal
Union (UPU) Rates to the Competitive Products
List, Notice of Establishment of Prices and
Classifications Not of General Applicability for
Inbound Air Parcel Post at UPU Rates Established
in Governors’ Decision No. 09–15, and Application
for Non-Public Treatment of Materials Filed Under
Seal, November 17, 2009 (Request).
2 The Request and Governors’ Decision both note
that the classification for Inbound Air Parcel Post
was originally proposed by the Postal Service for
the Mail Classification Schedule language in
response to Docket No. RM2007–1, Order
Establishing Ratemaking Regulations for Market
Dominant and Competitive Products, October 29,
2007 (Order No. 43). Id. at 1.
3 Attachment 1 to the Request.
4 Attachment 2 to the Request.
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Governors’ Decision No. 09–15
establishing prices and classifications
for Inbound Air Parcel Post at UPU
Rates, certification of the Governors’
vote, a certification of compliance with
39 U.S.C. 3633(a), proposed Mail
Classification Schedule (MCS) language,
and a Management Analysis of Inbound
Air Parcel Post at UPU Rates.5
Inbound Air Parcels are eligible to
receive transportation by air rather than
surface. Governors’ Decision No. 09–15
at 2. The Postal Service indicates that
the United States receives both air and
surface parcels from foreign postal
administrations which compensate the
Postal Service for delivery of these
parcels in the United States. It
maintains that it has negotiated separate
agreements for parcel rates with certain
foreign posts, but most compensate it at
the United States default rates for
inbound parcel delivery. The default
rates are known as inward land rates.
The Postal Service notes that inward
land rates are set according to formulas
in the UPU Parcel Post Regulations
which constitute international law.
More specifically, the UPU Postal
Operations Council sets these rates.
Request at 2.
The Postal Service states that UPU
Parcel Post Regulations require that
rates are based on a percentage of each
member’s inward land rate in 2004.6
UPU members may qualify for
percentage ‘‘bonuses’’ to their base rate
based upon their provision of certain
value-added services.7 The Postal
Service states it is responsible for
gathering information that the UPU
Postal Operations Council uses to
calculate the rates, including
completion of a questionnaire on service
bonus eligibility, and submission of
annual inflation information from the
Consumer Price Index for All Urban
Consumers. It explains that the UPU
uses this information from the member
posts and publishes an annual notice in
the fall establishing each postal
administration’s parcel rates for the
following year. Request at 3.
The Postal Service states that because
of the unique situation of setting inward
land rates, it chose to establish rates for
inbound air parcels by reference to the
Universal Postal Convention. Id.
5 Attachment
3 to the Request.
Postal Service states that the Parcel Post
Regulations also permit members to seek an
‘‘inflation-linked increase’’ to its base inward land
rate up to a cap of 5 percent.
7 The Postal Service states that services such as
‘‘track and trace, home delivery, published delivery
standards, and use of a common inquiry system’’
qualify UPU members for bonuses. Id. Members
may also seek an inflation-related adjustment to the
base rate which is capped at 5 percent per year.
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In the Statement of Supporting
Justification, Brian Hutchins, Manager,
International Postal Relations, asserts
that the product satisfies 39 U.S.C.
3633(a). Id., Attachment 2, at 1–2.
W. Ashley Lyons, Manager,
Regulatory Reporting and Cost Analysis,
Finance Department, certifies that the
contract complies with 39 U.S.C.
3633(a). Request, Attachment 3. He
asserts that the prices for Inbound Air
Parcel Post at UPU Rates ‘‘should cover
its attributable costs and preclude the
subsidization of competitive products
by market dominant products.’’ Id.
The Postal Service filed much of the
supporting materials under seal. In its
Request, the Postal Service maintains
that certain portions of Governors’
Decision No. 09–15 and related
financial information should remain
confidential including portions of the
management financial analysis of
Inbound Air Parcel Post at UPU Rates
and the accompanying analyses that
provide prices, terms, conditions, cost
data, and financial projections should
remain under seal. Request at 2. Prices
and classification changes established in
Governors’ Decision No. 09–15 are
scheduled to take effect January 1, 2010.
Governors’ Decision No. 09–15 at 2.
In Order No. 345, the Commission
gave notice of the two dockets,
appointed a public representative, and
provided the public with an opportunity
to comment.8
III. Comments
Comments were filed by the Public
Representative.9 No other interested
person submitted comments. The Public
Representative states the Postal Service
Request complies with applicable
provisions of title 39, Commission rules,
and the UPU. Id. at 1. He also notes the
Postal Service has provided a rationale
for non-public treatment of the
information under seal. Id. at 2.
The Public Representative theorizes
that in the instant agreement the Postal
Service has not shown the cost coverage
for Inbound Air Parcel Post is in
compliance with 39 U.S.C. 3633. Id. at
4. He states that the Commission will
have the ability to gain further
information to determine cost coverage
for this product with issuance of the
Annual Compliance Determination
(ACD). Id. However, the Public
6 The
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8 PRC Order No. 345, Notice and Order
Concerning Adding Inbound Air Parcel Post at UPU
Rates to Competitive Product List, November 20,
2009 (Order No. 345).
9 Public Representatives Comments in Response
to United States Postal Service Filing of Request to
Add Inbound Air Parcel Post at UPU Rates to the
Competitive Products List, December 7, 2009
(Public Representative Comments).
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Representative concludes that the Postal
Service’s proposal results in a benefit to
its customers and the general public. Id.
at 5.
IV. Commission Analysis
The Commission has reviewed the
Request, the agreement, the financial
analysis filed under seal, and the
comments filed by all parties.
Statutory requirements. The
Commission’s statutory responsibilities
in this instance entail assigning the
Inbound Air Parcel Post at UPU Rates 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 Inbound
Air Parcel Post at UPU Rates 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 it does
not have discretion to establish the
formula for prices for Inbound Air
Parcel Post at UPU Rates and therefore
there is no connection between prices
and the Postal Services’ market role.
Request, Attachment 2, para. (d). It
affirms, as discussed above, that inward
land rates are set based on formulas in
the UPU Parcel Post Regulations which
constitute international law. Under the
Universal Postal Convention, postal
operators tender air parcels to each
other for delivery in the destination
country at prices set by the UPU Postal
Operations Council, except where postal
operators have negotiated alternative
prices for air parcels. Governors’
Decision No. 09–15 at 1. As described
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above, annually, UPU members may
elect to send the UPU secretariat
inflation information in accordance
with the Parcel Post Regulations in
order to seek an ‘‘inflation-linked
increase’’ to its base inward land rate up
to a cap of 5 percent. Additionally, UPU
members may qualify for ‘‘bonuses’’ to
their new base rate if they provide
certain value-added services, such as
home delivery.
The Postal Service states that the
United States completes a survey each
year to qualify for the bonus based on
its eligibility. Id. At the end of each
year, the UPU’s secretariat publishes
each member’s inward land rates based
on its inflation information and
questionnaire responses. Id. The Postal
Service states that new rates are
implemented at the beginning of the
next calendar year and are effective
until the end of that year. Id. Therefore,
it concludes it does not exercise market
power over this product relative to
pricing. Request, Attachment 2, at 2.
The Postal Service states there are
private consolidators, freight
forwarders, and integrators who can
provide similar services. Id. at 3, para.
(f). It further states that this agreement
has been classified as competitive
because of its exclusion from the letter
monopoly and the level of competition
in the relevant market. Id. at 3.
The Postal Service notes that even
though some incoming parcels subject
to this agreement may contain letters,
the prices paid under the agreement are
higher than six times the rate for the
current price of a one-ounce, singlepiece First-Class Mail letter. Id., para.
(e). It also remarks that international
parcel service has been a feature of the
UPU system for decades which it
suggests means that the international
community finds the terms and
conditions of the agreement satisfactory
since there are competitive services
available from private enterprises. The
Postal Service states however, that it has
no specific data on foreign postal
operators or their customer’s views on
the regulatory classification of Inbound
Air Parcel Post at UPU Rates. Id., para.
(g). The Postal Service states that the
proposed modification is unlikely to
have an impact on small business
concerns since the product has been
available for decades, and this
agreement does not affect the
availability of the service or the terms
and conditions which affect small
business. Id., para. (h). The Postal
Service notes that the proposed
modification does not concern a change
in the rates for which the Postal Service
exercises discretion, but this proceeding
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formally presents the product for review
by the Commission. Id., para. (i).
The Postal Service’s Request notes
that it has previously taken steps to add
Inbound Air Parcel Post paying rates
established through the UPU to the
competitive products list and refers to
Order No. 43.10 In Order No. 43, the
Commission classified Inbound Air
Parcel Post in the MCS as a competitive
product, which included those at UPU
rates. The Postal Service subsequently
filed a negotiated service agreement
with Royal Mail for Inbound Air Parcel
Post which the Commission approved in
Order No. 218, adding it as a new
product to the Competitive Product
List.11
The Postal Service proposes to add
Inbound Air Parcel Post at UPU rates as
a new product. See Request at 1. Thus,
the Request presents for regulatory
review a new product, Inbound Air
Parcel Post at UPU Rates, for inclusion
in the MCS.
Having considered the statutory
requirements, the support offered by the
Postal Service, and all comments, the
Commission finds that Inbound Air
Parcel Post at UPU Rates is
appropriately classified as a competitive
product and that it shall be added to the
Competitive Product List.
The existing category, Inbound Air
Parcel Post, shall be renamed Inbound
Air Parcel Post (at non-UPU rates).
Currently, this category includes the
Royal Mail Inbound Air Parcel Post
Agreement.
Cost considerations. The Postal
Service presents a financial analysis
showing that the Inbound Air Parcel
Post at UPU Rates product 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 Inbound Air
Parcel Post at UPU Rates should cover
its attributable costs (39 U.S.C.
3633(a)(2)), should not lead to the
subsidization of competitive products
by market dominant products (39 U.S.C.
3633(a)(1)), and should have a positive
effect on competitive products’
contribution to institutional costs (39
U.S.C. 3633(a)(3)). Thus, an initial
review of the proposed Inbound Air
Parcel Post at UPU Rates agreement
10 See Docket No. RM2007–1, Order Establishing
Ratemaking Regulations for Market Dominant and
Competitive Products, October 29, 2007 at para.
3030 ‘‘[A]ir Parcel Post Shipments are appropriately
classified as competitive.’’
11 See Docket Nos. MC2009–24 and CP2009–28,
Order Concerning Royal Mail Inbound Air Parcel
Post Negotiated Service Agreement, May 29, 2009.
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indicates that it comports with the
provisions applicable to rates for
competitive products.
In conclusion, the Commission
approves Inbound Air Parcel Post at
UPU Rates 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. Inbound Air Parcel Post (at UPU
Rates) is added to the Competitive
Product List as a new product.
2. The existing Inbound Air Parcel
Post category which includes the Royal
Mail Group Inbound Air Parcel Post
Agreement shall be renamed Inbound
Air Parcel Post (at non-UPU rates).
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
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: 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
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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]
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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 Forward
[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]
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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 (at non-UPU
rates)
Royal Mail Group Inbound Air
Parcel Post Agreement
Inbound Air Parcel Post (at UPU rates)
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 nonUPU rates)
Canada Post—United States Postal
Service Contractual Bilateral
Agreement for Inbound Competitive Services (MC2009–8 and
CP2009–9)
International Money Transfer Service
International Ancillary Services
Special Services
Premium Forwarding Service
Negotiated Service Agreements
Domestic
Express Mail Contract 1 (MC2008–
5)
Express Mail Contract 2 (MC2009–
3 and CP2009–4)
Express Mail Contract 3 (MC2009–
15 and CP2009–21)
Express Mail Contract 4 (MC2009–
34 and CP2009–45)
Express Mail Contract 5 (MC2010–
5 and CP2010–5)
Express Mail Contract 6 (MC2010–6 and CP2010–6)
Express Mail Contract 7 (MC2010–7 and CP2010–7)
VerDate Nov<24>2008
13:55 Jan 25, 2010
Jkt 220001
PO 00000
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)
Frm 00010
Fmt 4700
Sfmt 4700
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, 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 Prduct Description]
International Direct Sacks—M–
Bags
[Reserved for Product Description]
Global Customized Shipping Services
[Reserved for Product Description]
E:\FR\FM\26JAR1.SGM
26JAR1
Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Rules and Regulations
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. 2010–1452 Filed 1–25–10; 8:45 am]
BILLING CODE 7710–FW–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2008–0307; FRL–8968–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Montana; Revisions to the
Administrative Rules of Montana
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
EPA is taking direct final
action approving State Implementation
Plan (SIP) revisions submitted by the
State of Montana on November 1, 2006
and November 20, 2007. The revisions
are to the Administrative Rules of
Montana; they include minor editorial
and grammatical changes, updates to the
citations and references to federal and
state laws and regulations, other minor
changes to conform to federal
regulations, and updates to links to
sources of information. This action is
being taken under section 110 of the
Clean Air Act.
DATES: This rule is effective on March
29, 2010 without further notice, unless
EPA receives adverse comment by
February 25, 2010. If adverse comment
is received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
WReier-Aviles on DSKGBLS3C1PROD with RULES
SUMMARY:
VerDate Nov<24>2008
13:55 Jan 25, 2010
Jkt 220001
Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2008–0307, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: dolan.kathy@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Director, Air Program,
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado
80202–1129.
• Hand Delivery: Director, Air
Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P–
AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129. Such deliveries
are only accepted Monday through
Friday, 8 a.m. to 4:30 p.m., excluding
Federal holidays. Special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2008–
0307. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to Section I.
ADDRESSES:
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
3993
General Information of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8 a.m. to 4 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kathy Dolan, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado
80202–1129. 303–312–6142,
dolan.kathy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Summary of SIP Revisions
III. EPA’s Review of the State of Montana’s
November 1, 2006 and November 20,
2007 Submittals
IV. Final Action
V. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The initials SIP mean or refer to
State Implementation Plan.
(iv) The words State or Montana
mean the State of Montana, unless the
context indicates otherwise.
I. General Information
A. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through https://
regulations.gov or e-mail. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
E:\FR\FM\26JAR1.SGM
26JAR1
]]>Agencies
[Federal Register Volume 75, Number 16 (Tuesday, January 26, 2010)]
[Rules and Regulations]
[Pages 3988-3993]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1452]
=======================================================================
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket Nos. MC2010-11 and CP2010-11; Order No. 362]
New Postal Product
AGENCY: Postal Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission is adding Inbound Air Parcel Post at non-
Universal Postal Union rates to the product list. This action is
consistent with changes in a postal reform law. The Commission is also
making clarifying editorial changes to a related product that is
already on the product list. Republication of the lists of market
dominant and competitive products is consistent with a statutory
requirement.
DATES: Effective January 26, 2010 and is applicable beginning December
15, 2009.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
202-789-6820 or stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION: Regulatory History, 74 FR 62357 (November
27, 2009).
[[Page 3989]]
I. Introduction
II. Background
III. Comments
IV. Commission Analysis
V. Ordering Paragraphs
I. Introduction
The Postal Service seeks to add a new product, Inbound Air Parcel
Post at Universal Postal Union (UPU) Rates, to the Competitive Product
List. For the reasons discussed below, the Commission approves the
Request.
II. Background
On November 17, 2009, the Postal Service filed a request pursuant
to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add Inbound Air Parcel
Post at Universal Postal Union (UPU) Rates to the Competitive Product
List.\1\ The Postal Service asserts that Inbound Air Parcel Post is a
competitive product within the meaning of 39 U.S.C. 3632(b)(3).
---------------------------------------------------------------------------
\1\ Request of the United States Postal Service to Add Inbound
Air Parcel Post at Universal Postal Union (UPU) Rates to the
Competitive Products List, Notice of Establishment of Prices and
Classifications Not of General Applicability for Inbound Air Parcel
Post at UPU Rates Established in Governors' Decision No. 09-15, and
Application for Non-Public Treatment of Materials Filed Under Seal,
November 17, 2009 (Request).
---------------------------------------------------------------------------
The Postal Service states that prices and classifications
underlying these rates are supported by Governors' Decision No. 09-
15.\2\ Id. at 1-2. This Request has been assigned Docket No. MC2010-11.
---------------------------------------------------------------------------
\2\ The Request and Governors' Decision both note that the
classification for Inbound Air Parcel Post was originally proposed
by the Postal Service for the Mail Classification Schedule language
in response to Docket No. RM2007-1, Order Establishing Ratemaking
Regulations for Market Dominant and Competitive Products, October
29, 2007 (Order No. 43). Id. at 1.
---------------------------------------------------------------------------
The Postal Service states that Governors' Decision No. 09-15
establishes the prices for Inbound Air Parcel Post at UPU Rates and the
changes in classification necessary to implement those prices. Id. at
3. Governors' Decision No. 09-15 authorizes inward land rates when
there is no contractual relationship with the tendering postal operator
at the highest inward land rate for which the United States is eligible
under the Parcel Post Regulations. Id. These rates are assigned Docket
No. CP2010-11.
Request. In support of its Request, the Postal Service filed the
following materials: (1) An application for non-public treatment of
pricing and supporting documents filed under seal; \3\ (2) a Statement
of Supporting Justification as required by 39 CFR 3020.32;\4\ (3) a
redacted version of Governors' Decision No. 09-15 establishing prices
and classifications for Inbound Air Parcel Post at UPU Rates,
certification of the Governors' vote, a certification of compliance
with 39 U.S.C. 3633(a), proposed Mail Classification Schedule (MCS)
language, and a Management Analysis of Inbound Air Parcel Post at UPU
Rates.\5\
---------------------------------------------------------------------------
\3\ Attachment 1 to the Request.
\4\ Attachment 2 to the Request.
\5\ Attachment 3 to the Request.
---------------------------------------------------------------------------
Inbound Air Parcels are eligible to receive transportation by air
rather than surface. Governors' Decision No. 09-15 at 2. The Postal
Service indicates that the United States receives both air and surface
parcels from foreign postal administrations which compensate the Postal
Service for delivery of these parcels in the United States. It
maintains that it has negotiated separate agreements for parcel rates
with certain foreign posts, but most compensate it at the United States
default rates for inbound parcel delivery. The default rates are known
as inward land rates. The Postal Service notes that inward land rates
are set according to formulas in the UPU Parcel Post Regulations which
constitute international law. More specifically, the UPU Postal
Operations Council sets these rates. Request at 2.
The Postal Service states that UPU Parcel Post Regulations require
that rates are based on a percentage of each member's inward land rate
in 2004.\6\ UPU members may qualify for percentage ``bonuses'' to their
base rate based upon their provision of certain value-added
services.\7\ The Postal Service states it is responsible for gathering
information that the UPU Postal Operations Council uses to calculate
the rates, including completion of a questionnaire on service bonus
eligibility, and submission of annual inflation information from the
Consumer Price Index for All Urban Consumers. It explains that the UPU
uses this information from the member posts and publishes an annual
notice in the fall establishing each postal administration's parcel
rates for the following year. Request at 3.
---------------------------------------------------------------------------
\6\ The Postal Service states that the Parcel Post Regulations
also permit members to seek an ``inflation-linked increase'' to its
base inward land rate up to a cap of 5 percent.
\7\ The Postal Service states that services such as ``track and
trace, home delivery, published delivery standards, and use of a
common inquiry system'' qualify UPU members for bonuses. Id. Members
may also seek an inflation-related adjustment to the base rate which
is capped at 5 percent per year.
---------------------------------------------------------------------------
The Postal Service states that because of the unique situation of
setting inward land rates, it chose to establish rates for inbound air
parcels by reference to the Universal Postal Convention. Id.
In the Statement of Supporting Justification, Brian Hutchins,
Manager, International Postal Relations, asserts that the product
satisfies 39 U.S.C. 3633(a). Id., Attachment 2, at 1-2.
W. Ashley Lyons, Manager, Regulatory Reporting and Cost Analysis,
Finance Department, certifies that the contract complies with 39 U.S.C.
3633(a). Request, Attachment 3. He asserts that the prices for Inbound
Air Parcel Post at UPU Rates ``should cover its attributable costs and
preclude the subsidization of competitive products by market dominant
products.'' Id.
The Postal Service filed much of the supporting materials under
seal. In its Request, the Postal Service maintains that certain
portions of Governors' Decision No. 09-15 and related financial
information should remain confidential including portions of the
management financial analysis of Inbound Air Parcel Post at UPU Rates
and the accompanying analyses that provide prices, terms, conditions,
cost data, and financial projections should remain under seal. Request
at 2. Prices and classification changes established in Governors'
Decision No. 09-15 are scheduled to take effect January 1, 2010.
Governors' Decision No. 09-15 at 2.
In Order No. 345, the Commission gave notice of the two dockets,
appointed a public representative, and provided the public with an
opportunity to comment.\8\
---------------------------------------------------------------------------
\8\ PRC Order No. 345, Notice and Order Concerning Adding
Inbound Air Parcel Post at UPU Rates to Competitive Product List,
November 20, 2009 (Order No. 345).
---------------------------------------------------------------------------
III. Comments
Comments were filed by the Public Representative.\9\ No other
interested person submitted comments. The Public Representative states
the Postal Service Request complies with applicable provisions of title
39, Commission rules, and the UPU. Id. at 1. He also notes the Postal
Service has provided a rationale for non-public treatment of the
information under seal. Id. at 2.
---------------------------------------------------------------------------
\9\ Public Representatives Comments in Response to United States
Postal Service Filing of Request to Add Inbound Air Parcel Post at
UPU Rates to the Competitive Products List, December 7, 2009 (Public
Representative Comments).
---------------------------------------------------------------------------
The Public Representative theorizes that in the instant agreement
the Postal Service has not shown the cost coverage for Inbound Air
Parcel Post is in compliance with 39 U.S.C. 3633. Id. at 4. He states
that the Commission will have the ability to gain further information
to determine cost coverage for this product with issuance of the Annual
Compliance Determination (ACD). Id. However, the Public
[[Page 3990]]
Representative concludes that the Postal Service's proposal results in
a benefit to its customers and the general public. Id. at 5.
IV. Commission Analysis
The Commission has reviewed the Request, the agreement, the
financial analysis filed under seal, and the comments filed by all
parties.
Statutory requirements. The Commission's statutory responsibilities
in this instance entail assigning the Inbound Air Parcel Post at UPU
Rates 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 Inbound
Air Parcel Post at UPU Rates 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 it does not have discretion to
establish the formula for prices for Inbound Air Parcel Post at UPU
Rates and therefore there is no connection between prices and the
Postal Services' market role. Request, Attachment 2, para. (d). It
affirms, as discussed above, that inward land rates are set based on
formulas in the UPU Parcel Post Regulations which constitute
international law. Under the Universal Postal Convention, postal
operators tender air parcels to each other for delivery in the
destination country at prices set by the UPU Postal Operations Council,
except where postal operators have negotiated alternative prices for
air parcels. Governors' Decision No. 09-15 at 1. As described above,
annually, UPU members may elect to send the UPU secretariat inflation
information in accordance with the Parcel Post Regulations in order to
seek an ``inflation-linked increase'' to its base inward land rate up
to a cap of 5 percent. Additionally, UPU members may qualify for
``bonuses'' to their new base rate if they provide certain value-added
services, such as home delivery.
The Postal Service states that the United States completes a survey
each year to qualify for the bonus based on its eligibility. Id. At the
end of each year, the UPU's secretariat publishes each member's inward
land rates based on its inflation information and questionnaire
responses. Id. The Postal Service states that new rates are implemented
at the beginning of the next calendar year and are effective until the
end of that year. Id. Therefore, it concludes it does not exercise
market power over this product relative to pricing. Request, Attachment
2, at 2.
The Postal Service states there are private consolidators, freight
forwarders, and integrators who can provide similar services. Id. at 3,
para. (f). It further states that this agreement has been classified as
competitive because of its exclusion from the letter monopoly and the
level of competition in the relevant market. Id. at 3.
The Postal Service notes that even though some incoming parcels
subject to this agreement may contain letters, the prices paid under
the agreement are higher than six times the rate for the current price
of a one-ounce, single-piece First-Class Mail letter. Id., para. (e).
It also remarks that international parcel service has been a feature of
the UPU system for decades which it suggests means that the
international community finds the terms and conditions of the agreement
satisfactory since there are competitive services available from
private enterprises. The Postal Service states however, that it has no
specific data on foreign postal operators or their customer's views on
the regulatory classification of Inbound Air Parcel Post at UPU Rates.
Id., para. (g). The Postal Service states that the proposed
modification is unlikely to have an impact on small business concerns
since the product has been available for decades, and this agreement
does not affect the availability of the service or the terms and
conditions which affect small business. Id., para. (h). The Postal
Service notes that the proposed modification does not concern a change
in the rates for which the Postal Service exercises discretion, but
this proceeding formally presents the product for review by the
Commission. Id., para. (i).
The Postal Service's Request notes that it has previously taken
steps to add Inbound Air Parcel Post paying rates established through
the UPU to the competitive products list and refers to Order No.
43.\10\ In Order No. 43, the Commission classified Inbound Air Parcel
Post in the MCS as a competitive product, which included those at UPU
rates. The Postal Service subsequently filed a negotiated service
agreement with Royal Mail for Inbound Air Parcel Post which the
Commission approved in Order No. 218, adding it as a new product to the
Competitive Product List.\11\
---------------------------------------------------------------------------
\10\ See Docket No. RM2007-1, Order Establishing Ratemaking
Regulations for Market Dominant and Competitive Products, October
29, 2007 at para. 3030 ``[A]ir Parcel Post Shipments are
appropriately classified as competitive.''
\11\ See Docket Nos. MC2009-24 and CP2009-28, Order Concerning
Royal Mail Inbound Air Parcel Post Negotiated Service Agreement, May
29, 2009.
---------------------------------------------------------------------------
The Postal Service proposes to add Inbound Air Parcel Post at UPU
rates as a new product. See Request at 1. Thus, the Request presents
for regulatory review a new product, Inbound Air Parcel Post at UPU
Rates, for inclusion in the MCS.
Having considered the statutory requirements, the support offered
by the Postal Service, and all comments, the Commission finds that
Inbound Air Parcel Post at UPU Rates is appropriately classified as a
competitive product and that it shall be added to the Competitive
Product List.
The existing category, Inbound Air Parcel Post, shall be renamed
Inbound Air Parcel Post (at non-UPU rates). Currently, this category
includes the Royal Mail Inbound Air Parcel Post Agreement.
Cost considerations. The Postal Service presents a financial
analysis showing that the Inbound Air Parcel Post at UPU Rates product
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 Inbound Air
Parcel Post at UPU Rates should cover its attributable costs (39 U.S.C.
3633(a)(2)), should not lead to the subsidization of competitive
products by market dominant products (39 U.S.C. 3633(a)(1)), and should
have a positive effect on competitive products' contribution to
institutional costs (39 U.S.C. 3633(a)(3)). Thus, an initial review of
the proposed Inbound Air Parcel Post at UPU Rates agreement
[[Page 3991]]
indicates that it comports with the provisions applicable to rates for
competitive products.
In conclusion, the Commission approves Inbound Air Parcel Post at
UPU Rates 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. Inbound Air Parcel Post (at UPU Rates) is added to the
Competitive Product List as a new product.
2. The existing Inbound Air Parcel Post category which includes the
Royal Mail Group Inbound Air Parcel Post Agreement shall be renamed
Inbound Air Parcel Post (at non-UPU rates).
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.
0
For the reasons discussed in the preamble, the Postal Regulatory
Commission amends chapter III of title 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: Authority: 39 U.S.C. 503; 3622; 3631; 3642; 3682.
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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 Forward
[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]
[[Page 3992]]
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 (at non-UPU rates)
Royal Mail Group Inbound Air Parcel Post Agreement
Inbound Air Parcel Post (at UPU rates)
Parcel Select
Parcel Return Service
International
International Priority Airlift (IPA)
International Surface Airlift (ISAL)
International Direct Sacks--M--Bags
Global Customized Shipping Services
Inbound Surface Parcel Post (at non-UPU rates)
Canada Post--United States Postal Service Contractual Bilateral
Agreement for Inbound Competitive Services (MC2009-8 and CP2009-
9)
International Money Transfer Service
International Ancillary Services
Special Services
Premium Forwarding Service
Negotiated Service Agreements
Domestic
Express Mail Contract 1 (MC2008-5)
Express Mail Contract 2 (MC2009-3 and CP2009-4)
Express Mail Contract 3 (MC2009-15 and CP2009-21)
Express Mail Contract 4 (MC2009-34 and CP2009-45)
Express Mail Contract 5 (MC2010-5 and CP2010-5)
Express Mail Contract 6 (MC2010--6 and CP2010-6)
Express Mail Contract 7 (MC2010--7 and CP2010-7)
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, 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 Prduct Description]
International Direct Sacks--M-Bags
[Reserved for Product Description]
Global Customized Shipping Services
[Reserved for Product Description]
[[Page 3993]]
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. 2010-1452 Filed 1-25-10; 8:45 am]
BILLING CODE 7710-FW-S
