70122 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Rules and Regulations 

example, a plan enters into a contract 

with a new issuer or a new policy is 

issued with an existing issuer). For 

purposes of this section, a plan or health 

insurance coverage that provides 

grandfathered health plan coverage is 

referred to as a grandfathered health 

plan. The rules of this section apply 

separately to each benefit package made 

available under a group health plan or 

health insurance coverage. 

(ii) Changes in group health insurance 

coverage. Subject to paragraphs (f) and 

(g)(2) of this section, if a group health 

plan (including a group health plan that 

was self-insured on March 23, 2010) or 

its sponsor enters into a new policy, 

certificate, or contract of insurance after 

March 23, 2010 that is effective before 

November 15, 2010, then the plan 

ceases to be a grandfathered health plan. 

* * * * * 

(3)(i) * * * 

(ii) Change in group health insurance 

coverage. To maintain status as a 

grandfathered health plan, a group 

health plan that enters into a new 

policy, certificate, or contract of 

insurance must provide to the new 

health insurance issuer (and the new 

health insurance issuer must require) 

documentation of plan terms (including 

benefits, cost sharing, employer 

contributions, and annual limits) under 

the prior health coverage sufficient to 

determine whether a change causing a 

cessation of grandfathered health plan 

status under paragraph (g)(1) of this 

section has occurred. 

* * * * * 

(f) * * * After the date on which the 

last of the collective bargaining 

agreements relating to the coverage that 

was in effect on March 23, 2010 

terminates, the determination of 

whether health insurance coverage 

maintained pursuant to a collective 

bargaining agreement is grandfathered 

health plan coverage is made under the 

rules of this section other than this 

paragraph (f) (comparing the terms of 

the health insurance coverage after the 

date the last collective bargaining 

agreement terminates with the terms of 

the health insurance coverage that were 

in effect on March 23, 2010). 

(g) * * * 

(4) * * * 

Example 9. (i) Facts. A group health plan 

not maintained pursuant to a collective 

bargaining agreement offers three benefit 

packages on March 23, 2010. Option F is a 

self-insured option. Options G and H are 

insured options. Beginning July 1, 2013, the 

plan increases coinsurance under Option H 

from 10% to 15%. 

(ii) Conclusion. In this Example 9, the 

coverage under Option H is not 

grandfathered health plan coverage as of July 

1, 2013, consistent with the rule in paragraph 

(g)(1)(ii) of this section. Whether the coverage 

under Options F and G is grandfathered 

health plan coverage is determined 

separately under the rules of this paragraph 

(g). 

[FR Doc. 2010–28861 Filed 11–15–10; 4:15 pm] 

BILLING CODE 4830–01–4510–29–4120–01–P 

DEPARTMENT OF JUSTICE 

Office of the Attorney General 

28 CFR Part 0 

[AG Order No. 3229–2010] 

Office of Tribal Justice 

AGENCY: Department of Justice. 

ACTION: Final rule. 

SUMMARY: This rule will amend part 0 of 

title 28 of the Code of Federal 

Regulations to reflect the establishment 

of the Office of Tribal Justice as a 

distinct component of the Department of 

Justice. The Office of Tribal Justice was 

created by the Attorney General to 

provide a channel for Tribes to 

communicate their concerns to the 

Department, to help coordinate policy 

on Indian affairs both within the 

Department and with other Federal 

agencies, and to ensure that the 

Department and its components work 

with Tribes on a government-togovernment basis. This rule, which sets 

forth the Office’s organization, mission 

and functions, amends the Code of 

Federal Regulations in order to reflect 

accurately the Department’s internal 

management structure. 

DATES: Effective Date: November 17, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Tracy Toulou, Director, Office of Tribal 

Justice, U.S. Department of Justice, RFK 

Main Justice Building, Room 2318, 950 

Pennsylvania Avenue, NW., 

Washington, DC 20530. Telephone: 

(202) 514–8812. 

SUPPLEMENTARY INFORMATION: 

Background 

In 1995 the Attorney General 

established the Office of Tribal Justice 

(OTJ) to provide a principal point of 

contact within the Department of Justice 

to listen to the concerns of Indian tribes 

and other parties interested in Indian 

affairs and to communicate the 

Department’s policies to the Tribes and 

the public; to promote internal 

uniformity of Department of Justice 

policies and litigation positions relating 

to Indian country; and to coordinate 

with other Federal agencies and with 

State and local governments on their 

initiatives in Indian country. On 

November 5, 2009, the President 

directed all Federal agencies to develop 

a consultation and coordination policy 

that ensures effective communication 

with Tribes. The Director of OTJ, in 

consultation with Tribes and with other 

Department components, developed the 

Department’s comprehensive plan in 

response to the President’s directive, 

and is designated as the Department 

official responsible for following 

through on the plan and reporting 

requirements associated with the 

President’s directive. The Director of 

OTJ also is the Department official 

responsible for certifying to the Office of 

Management and Budget that the 

requirements of Executive Order 13175, 

Consultation and Coordination with 

Indian Tribal Governments, have been 

met with regard to any regulation or 

legislation proposed by the Department. 

On July 29, 2010, President Obama 

signed into law the Tribal Law and 

Order Act of 2010, Public Law 111–211. 

Section 214 of the Tribal Law and Order 

Act amends title I of the Indian Tribal 

Justice Technical and Legal Assistance 

Act of 2000, to provide that ‘‘[n]ot later 

than 90 days after the date of enactment 

of the Tribal Law and Order Act of 2010, 

the Attorney General shall establish the 

Office of Tribal Justice as a component 

of the Department.’’ This rule 

implements fully that statutory 

directive. 

Administrative Procedure Act 5 U.S.C. 

553 

This rule is a rule of agency 

organization and procedure, and relates 

to the internal management of the 

Department of Justice. It is therefore 

exempt from the requirements of notice 

and comment and a delayed effective 

date. 5 U.S.C. 553(b), (d). 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act (5 

U.S.C. 605(b)), has reviewed this rule 

and by approving it certifies that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities because it 

pertains to personnel and administrative 

matters affecting the Department. 

Further, a Regulatory Flexibility 

Analysis was not required to be 

prepared for this final rule since the 

Department was not required to publish 

a general notice of proposed rulemaking 

for this matter. 

Executive Order 12866 

This action has been drafted and 

reviewed in accordance with Executive 


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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Rules and Regulations 70123 

Order 12866, Regulatory Planning and 

Review, § 1(b), Principles of Regulation. 

This rule is limited to agency 

organization, management, and 

personnel as described by Executive 

Order 12866 § 3(d)(3) and, therefore, is 

not a ‘‘regulation’’ or ‘‘rule’’ as defined by 

that Executive Order. Accordingly, this 

action has not been reviewed by the 

Office of Management and Budget. 

Federalism 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 12612, 

it is determined that this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Assessment. 

Executive Order 13175—Tribal 

Consultation 

Congress actively sought the input of 

Indian Tribes and Tribal organizations 

in developing the Tribal Law and Order 

Act of 2010, Public Law 111–211. As a 

result of that Congressional 

consultation, the Act includes a 

requirement that the Office of Tribal 

Justice be established as a component of 

the Department of Justice. This action 

merely amends title 28 of the Code of 

Federal Regulations to reflect the 

establishment of the Office of Tribal 

Justice as a Department component 

consistent with Tribal input to 

Congress. Therefore, no consultation 

with Tribes is required under Executive 

Order 13175. 

Executive Order 12988—Civil Justice 

Reform 

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

Unfunded Mandates Reform Act of 

1955 

This rule will not result in the 

expenditure by State, local and Tribal 

governments, in the aggregate, or by the 

private sector of $100,000,000 or more 

in any one year, and it does not create 

requirements that might significantly or 

uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Congressional Review Act 

This action pertains to agency 

management, personnel, and 

organization and does not substantially 

affect the rights or obligations of nonagency parties and, accordingly, is not 

a ‘‘rule’’ as that term is used by the 

Congressional Review Act (Subtitle E of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA)). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 

Plain Language Instructions 

We try to write clearly. Suggestions 

about how to improve the clarity of this 

rule may be submitted in writing to 

Tracy Toulou, Director, Office of Tribal 

Justice. 

List of Subjects in 28 CFR Part 0 

Authority delegation (Government 

agencies), Government employees, 

Organization and functions 

(Government agencies), Privacy, 

Reporting and recordkeeping 

requirements, Whistleblowing. 

■ Accordingly, by virtue of the authority 

vested in me as Attorney General, 

including 5 U.S.C. 301 and 28 U.S.C. 

509, 510, part 0 of title 28 of the Code 

of Federal Regulations is amended as 

follows: 

PART 0—ORGANIZATION OF THE 

DEPARTMENT OF JUSTICE 

■ 1. The authority citation for part 0 

continues to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, 515–519. 

■ 2. Revise § 0.1 by adding at the end of 

the list under ‘‘Offices’’ the title ‘‘Office 

of Tribal Justice’’. 

Subpart W–1—[Redesignated as 

Subpart W–2] 

■ 3. Redesignate subpart W–1 as subpart 

W–2. 

■ 4. Add a new subpart W–1 to read as 

follows: 

Subpart W–1—Office of Tribal Justice 

§ 0.134 Office of Tribal Justice. 

(a) Organization. The Office of Tribal 

Justice is headed by a Director 

appointed by the Attorney General. The 

Director shall be responsible to, and 

report directly to, the Deputy Attorney 

General and the Associate Attorney 

General and shall be a member of the 

Senior Executive Service. 

(b) Mission. The mission of the Office 

of Tribal Justice shall be to provide a 

principal point of contact within the 

Department of Justice to listen to the 

concerns of Indian Tribes and other 

parties interested in Indian affairs and 

to communicate the Department’s 

policies to the Tribes and the public; to 

promote internal uniformity of 

Department of Justice policies and 

litigation positions relating to Indian 

country; and to coordinate with other 

Federal agencies and with State and 

local governments on their initiatives in 

Indian country. 

(c) Function. Subject to the general 

supervision and direction of the Deputy 

Attorney General and the Associate 

Attorney General, the Office of Tribal 

Justice shall: 

(1) Serve as the program and legal 

policy advisor to the Attorney General 

with respect to the treaty and trust 

relationship between the United States 

and Indian Tribes; 

(2) Serve as the Department’s initial 

and ongoing point of contact, and as the 

Department’s principal liaison, for 

Federally recognized Tribal 

governments and Tribal organizations; 

(3) Coordinate the Department’s 

activities, policies, and positions 

relating to Indian Tribes, including the 

treaty and trust relationship between the 

United States and Indian Tribes; 

(4) Ensure that the Department and its 

components work with Indian Tribes on 

a government-to-government basis; 

(5) Collaborate with Federal and other 

government agencies to promote 

consistent, informed government-wide 

policies, operations, and initiatives 

related to Indian Tribes; 

(6) Serve as a clearinghouse for 

coordination among the various 

components of the Department on 

Federal Indian law issues, and with 

other Federal agencies on the 

development of policy or Federal 

litigation positions involving Indians 

and Indian Tribes; 

(7) Coordinate with each component 

of the Department to ensure that each 

component of the Department has an 

accountable process to ensure 

meaningful and timely consultation 

with Tribal leaders in the development 

of regulatory policies and other actions 

that affect the trust responsibility of the 

United States to Indian Tribes, any 

Tribal treaty provision, the status of 

Indian Tribes as sovereign governments, 

or any other Tribal interest. 

(8) Ensure that the consultation 

process of each component of the 

Department is consistent with Executive 

Order 13175 and with the Department’s 

consultation policy; 

(9) Serve, through its Director, as the 

official responsible for implementing 

the Department’s Tribal consultation 

policy and for certifying compliance 

with Executive Order 13175 to the 

Office of Management and Budget; and 

(10) Perform such other duties and 

assignments as deemed necessary from 

time to time by the Attorney General, 


erowe on DSK5CLS3C1PROD with RULES
70124 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Rules and Regulations 

1 Docket Nos. MC2011–1, CP2011–2, MC2011–2, 

CP2011–3, MC2011–3 and CP2011–4. 

the Deputy Attorney General, or the 

Associate Attorney General. 

Dated: November 10, 2010. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2010–28947 Filed 11–16–10; 8:45 am] 

BILLING CODE 4410–07–P 

POSTAL REGULATORY COMMISSION 

30 CFR Part 3020 

[Docket Nos. MC2011–1, et al.] 

Product List Update 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is updating 

the postal product lists. This action 

reflects the disposition of recent 

dockets, as reflected in Commission 

orders, and a publication policy adopted 

in a recent Commission order. The 

referenced policy assumes periodic 

updates. The updates are identified in 

the body of this document. The product 

lists, which are re-published in their 

entirety, include these updates. 

DATES: Effective Date: November 17, 

2010. 

Applicability Dates: October 20, 2010 

(Express Mail Contract 9); October 29, 

2010 (Priority Mail Contract 28, and 

Priority Mail Contract 29); November 5, 

2010 (Inbound International Expedited 

Services 4 (MC2010–37 and CP2010– 

126). 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

at stephen.sharfman@prc.gov or 202– 

789–6820. 

SUPPLEMENTARY INFORMATION: This 

document identifies recent updates to 

the product lists, which appear as 39 

CFR Appendix A to Subpart A of Part 

3020—Mail Classification Schedule.1

Publication of updated product lists in 

the Federal Register is consistent with 

the Postal Accountability and 

Enhancement Act (PAEA) of 2006. 

Authorization. The Commission 

process for periodic publication of 

updates was established in Order No. 

445, April 22, 2010. 

Changes. Since publication of the 

product lists in the Federal Register on 

August 31, 2010 (75 FR 53216), the 

following additions to the competitive 

product list have been made: 

1. Express Mail Contract 9, added 

October 20, 2010 (Order No. 563); 

2. Priority Mail Contract 28, added 

October 29, 2010 (Order No. 573); 

3. Priority Mail Contract 29, added 

October 29, 2010 (Order No. 574); and 

4. Inbound International Expedited 

Services 4 (MC2010–37 and CP2010– 

126), added November 5, 2010 (Order 

No. 579). 

Updated product lists. The referenced 

changes to the competitive product list 

are included in the product lists 

following the Secretary’s signature. 

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: 39 U.S.C. 503; 3622; 3631; 

3642; 3682. 

■ 2. Revise Appendix A to Subpart A of 

Part 3020—Mail Classification Schedule 

to read as follows: 

Appendix A to Subpart A of Part 

3020—Mail Classification Schedule 

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 Management Services 

Caller Service 

Change-of-Address Credit Card 

Authentication 

Confirm 

Customized Postage 

International Reply Coupon Service 

International Business Reply Mail Service 

Money Orders 

Post Office Box Service 

Stamp Fulfillment Services 

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 

(MC2010–12 and R2010–2) 

The Strategic Bilateral Agreement Between 

United States Postal Service and 

Koninklijke TNT Post BV and TNT Postl 

pakketservice Benelux BV, collectively 

‘‘TNT Post’’ and China Post Group– 

United States Postal Service Letter Post 

Bilateral Agreement (MC2010–35, 

R2010–5 and R2010–6) 

Market Dominant Product Descriptions 

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 

[Reserved for Product Description] 

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 

Address Correction Service 

Applications and Mailing Permits 

Business Reply Mail 

Bulk Parcel Return Service 

Certified Mail 

Certificate of Mailing 

Collect on Delivery 

Delivery Confirmation 

Insurance 

Merchandise Return Service 

Parcel Airlift (PAL) 

Registered Mail 

Return Receipt 

Return Receipt for Merchandise 

Restricted Delivery 

Shipper-Paid Forwarding 

Signature Confirmation 

Special Handling 

Stamped Envelopes 

Stamped Cards 

Premium Stamped Stationery 


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