Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 41047 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b) (2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a safety 

zone. An environmental analysis 

checklist and a categorical exclusion 

determination will be available for 

review in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, 160.5; Public Law 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T01–0524 to read as 

follows: 

§ 165.T01–0524 Safety Zone; MS 

Harborfest Tugboat Races in Casco Bay, 

ME. 

(a) Location: all navigable waters of 

Casco Bay in the vicinity of Fish Point 

and Diamond Island Ledge that are 

bounded by a line connecting the 

following geographic coordinates: 

Latitude 43°40′24′′ N, longitude 

070°14′20′′ W, to latitude 43°40′36′′ N, 

longitude 070°13′56′′ W, to latitude 

43°39′58′′ N, longitude 070°13′21′′ W, to 

latitude 43°39′46′′ N, longitude 

070°13′51′′ W. 

(b) Effective Period: This Safety Zone 

is effective on August 16, 2009, from 

11 a.m. to 4 p.m. 

(c) Regulations. 

(1) The general regulations in 33 CFR 

165.23 apply. 

(2) This safety zone is closed to all 

vessel traffic. Entry into, transiting, 

remaining within or anchoring in this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Sector Northern New England or his 

designated representatives. 

(3) The ‘‘designated representative’’ is 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

designated by the Captain of the Port 

Sector Northern New England to act on 

his behalf. The designated 

representative will be aboard either a 

Coast Guard or Coast Guard Auxiliary 

vessel. 

(4) Vessel operators desiring to enter 

or operate within the safety zones shall 

contact the Captain of the Port Sector 

Northern New England or his 

designated representative via VHF 

Channel 16 to obtain permission to do 

so. 

(5) Vessel operators given permission 

to enter or operate in the safety zones 

must comply with all directions given to 

them by the Captain of the Port Sector 

Northern New England or his 

designated representatives. 

Dated: August 4, 2009. 

J.B. McPherson, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Northern New England. 

[FR Doc. E9–19549 Filed 8–13–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket No. CP2009–47; Order No. 266] 

Global Plus 1 Contract 

AGENCY: Postal Regulatory Commission. 

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41048 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 

1Notice of the United States Postal Service of 

Filing Two Functionally Equivalent Global Plus 1 

Contracts Negotiated Service Agreements, July 13, 

2009 (Notice). While the Notice was filed jointly in 

Docket Nos. CP2009–46 and CP2009–47, the 

Commission will address the issues in these 

dockets in separate orders. The Postal Service 

requests that the two contracts be included in the 

Global Plus 1 product, and ‘‘that they be considered 

the new ‘baseline’ contracts for future functional 

equivalency analyses. * * *’’ Id. at 2. 

2See Docket Nos. CP 2008–8 through CP2008–10, 

Order Concerning Global Plus Negotiated Service 

Agreements, June 27, 2008 (Order No. 85). 

3See Docket No. CP2008–8, Notice of United 

States Postal Service of Governors’ Decision 

Establishing Prices and Classifications for Global 

Plus Contracts, June 2, 2008, at 1. 

4Notice and Order Concerning Two Functionally 

Equivalent Global Plus 1 Contracts Negotiated 

Service Agreements, July 16, 2009 (Order No. 249). 

5Public Representative Comments in Response to 

Order No. 249, July 23, 2009 (Public Representative 

Comments). The Public Representative’s comments 

jointly address the Postal Service’s filings in Docket 

Nos. CP2009–46 and CP2009–47. 

ACTION: Final rule. 

SUMMARY: The Commission is including 

a new contract within the Global Plus 1 

product in the Competitive Product List. 

This is action consistent with changes 

in a recent law governing postal 

operations. Republication of the lists of 

market dominant products and 

competitive products is also consistent 

with requirements in the law. 

DATES: Effective August 14, 2009 and is 

applicable beginning July 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: Regulatory 

History, 74 FR 36276 (July 22, 2009). 

I. Introduction 

II. Background 

III. Comments 

IV. Commission Analysis 

V. Ordering Paragraphs 

I. Introduction 

The Postal Service proposes to add a 

specific Global Plus 1 contract to the 

Global Plus Contracts product 

established in Docket No. CP2008–8. 

For the reasons discussed below, the 

Commission approves the Postal 

Service’s proposal. 

II. Background 

On July 13, 2009, the Postal Service 

filed a notice, pursuant to 39 CFR 

3015.5, announcing that it has entered 

into two additional Global Plus 1 

contracts, which it states fit within the 

previously established Global Plus 

Contracts product.1 The Postal Service 

states that each contract is functionally 

equivalent to previously submitted 

Global Plus 1 contracts, are filed in 

accordance with Order No. 85, and are 

supported by Governors’ Decision No. 

08–8 filed in Docket No. CP2008–8.2

Notice at 1. 

The Notice also states that in Docket 

No. CP2008–8, the Governors 

established prices and classifications for 

competitive products not of general 

applicability for Global Plus Contracts.3

The Postal Service states that the instant 

contract is the immediate successor 

contract to Docket No. CP2008–10 

which is to expire soon, which the 

Commission found to be functionally 

equivalent in Order No. 85. Id. at 2. 

The Postal Service contends that the 

instant contract should be included 

within the Global Plus 1 product on the 

Competitive Product List. Id. at 1. 

In support, the Postal Service has also 

filed a redacted version of the instant 

contract and related materials as 

Attachment 1–B. A redacted version of 

the certified statement required by 39 

CFR 3015.5 is included as Attachment 

2–B. The Postal Service requests that the 

instant contract ‘‘be considered the new 

‘baseline’ contract[s] for future 

functional equivalency analyses 

concerning this product.’’ Id. at 2. 

The Postal Service filed the instant 

contract pursuant to 39 CFR 3015.5. The 

contract becomes effective August 1, 

2009, unless regulatory reviews affect 

that date, and has a one-year term. 

The Postal Service maintains that 

certain portions of this contract and 

certified statement required by 39 CFR 

3015.5(c)(2), containing names and 

identifying information of the Global 

Plus 1 customer, related financial 

information, as well as the 

accompanying analyses that provide 

prices, terms, conditions, and financial 

projections should remain under seal. 

Id. at 3. 

The Postal Service asserts the contract 

is functionally equivalent with the 

contract filed in Docket No. CP2009–46 

because they share similar cost and 

market characteristics. It contends that 

they should be classified as a single 

product. Id. It states that while the 

existing contracts filed in Docket Nos. 

CP2008–9 and CP2008–10 exhibited 

minor distinctions, the new contracts 

are virtually identical to one another. Id. 

at 4. 

The Postal Service maintains these 

differences only add detail or amplify 

processes included in prior Global Plus 

1 contracts. It contends because the 

instant contract has the same cost 

attributes and methodology as well as 

similar cost and market characteristics 

the differences do not affect the 

fundamental service being offered or the 

essential structure of the contract. Id. at 

7–8. It states the contract is substantially 

similar both to the existing contract in 

Docket No. CP2008–10 and to the 

existing Global Plus 1 contracts and 

should be added to the Global Plus 1 

product. Id. at 8. 

In Order No. 249, the Commission 

gave notice of the docket, appointed a 

Public Representative, and provided the 

public with an opportunity to 

comment.4 On July 22, 2009, 

Chairman’s Information Request No. 1 

(CHIR No. 1) was issued with responses 

due by July 27, 2009. On July 24, 2009, 

the Postal Service provided its 

responses to CHIR No. 1. 

III. Comments 

Comments were filed by the Public 

Representative.5 No other interested 

parties submitted comments. The Public 

Representative states the individual 

contracts appear to satisfy the statutory 

criteria, but because of the timeframe to 

provide comments and information 

identified in CHIR No. 1, his response 

is not an unqualified recommendation 

in support of each contract’s approval. 

Id. at 2. He notes that relevant 

provisions of 39 U.S.C. 3632, 3633 and 

3642 appear to be met by these 

additional Global Plus 1 contracts. Id. 

The Public Representative states that he 

believes the contracts are functionally 

equivalent to the existing Global Plus 

Contracts product. He also determines 

that the Postal Service has provided 

greater transparency and accessibility in 

its filings. Id. at 3. 

The Public Representative notes that 

the general public benefits from the 

availability of these contracts in several 

ways: well prepared international mail 

adds increased efficiency in the 

mailstream, enhanced volume results in 

timeliness in outbound shipments to all 

countries including those with small 

volume, and the addition of shipping 

options may result in expansion of mail 

volumes, particularly with the 

incentives for Postal Qualified Mailers 

(PQWs) and increased efficiency in 

existing postal capacity. Id. at 4–5. 

Finally, he discusses the need for selfcontained docket filings. In particular, 

he notes that the instant contract relies 

on data from the most recent 

International Cost and Revenue 

Analysis (ICRA), which was filed under 

seal in another docket. He suggests that 

the Postal Service should identify the 

location of the ICRA utilized and cited 

in that docket. Id. at 6. 

IV. Commission Analysis 

The Postal Service proposes to add an 

additional contract under the Global 

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Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 41049 

Plus Contracts product that was created 

in Docket No. CP2008–8. As filed, this 

docket presents two issues for the 

Commission to consider: (1) Whether 

the contract satisfies 39 U.S.C. 3633, 

and (2) whether the contract is 

functionally equivalent to previously 

reviewed Global Plus 1 contracts. In 

reaching its conclusions, the 

Commission has reviewed the Notice, 

the contract and the financial analyses 

provided under seal, supplemental 

information, and the Public 

Representative’s comments. 

Statutory requirements. The Postal 

Service contends that the instant 

contract and supporting documents 

filed in this docket establish compliance 

with the statutory provisions applicable 

to rates for competitive products (39 

U.S.C. 3633). Notice at 2. W. Ashley 

Lyons, Manager, Regulatory Reporting 

and Cost Analysis, Finance Department 

asserts Governors’ Decision No. 08–8 for 

Global Plus Contracts establishes price 

floor and ceiling formulas issued on 

May 28, 2008. He certifies that the 

pricing in the instant contract meets the 

Governors’ pricing formula and meets 

the criteria of 39 U.S.C. 3633(a)(1), (2) 

and (3). He further states that the prices 

demonstrate that the contract and the 

included ancillary services should cover 

their attributable costs, preclude the 

subsidization of competitive products 

by market dominant products, and 

should not impair the ability of 

competitive products on the whole to 

cover an appropriate share of 

institutional costs. Id., Attachment 2–B. 

For his part, the Public Representative 

indicates that the contract appears to 

satisfy 39 U.S.C. 3633. Public 

Representative Comments at 1–3. 

Based on the review of the data 

submitted, including the supplemental 

information, the Commission finds that 

the contract 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 contract 

indicates that it comports with the 

provisions applicable to rates for 

competitive products. 

Functional equivalence. The Postal 

Service asserts that the instant contract 

is functionally equivalent to the contract 

filed in the companion proceeding, 

Docket No. CP2009–46, as well as with 

Global Plus 1 contracts filed previously 

because they share similar cost and 

market characteristics. Notice at 4. The 

Postal Service states that the customers 

under the existing and proposed 

contracts are the same. In addition, it 

notes that existing contracts exhibited 

some differences, but the contracts 

proposed in Docket Nos. CP2009–46 

and CP2009–47 are virtually identical. 

Id. 

Having reviewed the contracts filed in 

the instant proceeding and in Docket 

No. CP2009–46, and the Postal Service’s 

justification, the Commission finds that 

the two contracts may be treated as 

functionally equivalent. 

New baseline. The Postal Service 

requests that the contracts filed in 

Docket Nos. CP2009–46 and 2009–47 be 

included in the Global Plus 1 product 

and ‘‘considered the new ‘baseline’ 

contracts for purposes of future 

functional equivalency analyses 

concerning this product.’’ Notice at 2. 

Currently, the Global Plus 1 product 

consists of two existing contracts that 

will be superseded by the contracts in 

Docket Nos. CP2009–46 and CP2009–47. 

Under those circumstances, the new 

contracts need not be designated as a 

new product. Accordingly, the new 

contracts in Docket Nos. CP2009–46 and 

CP2009–47 will be included in the 

Global Plus 1 product and become the 

‘‘baseline’’ for future functional 

equivalency analyses regarding that 

product. 

Self-contained docket filings. The 

Public Representative reiterates a point 

made in Order No. 247 regarding the 

need for self-contained docket filings. In 

particular, he points to the difficulty in 

obtaining ICRA data relied on to support 

the instant contract but filed under seal 

in another docket. He suggests that 

‘‘filings that reference the ICRA should 

include a pointer to the location of the 

ICRA utilized and cited in that docket.’’ 

Public Representative Comments at 6. 

The Public Representative point is 

well taken. The Commission does not 

wish to burden the Postal Service with 

extraneous filing requirements, nor does 

it intend for the process of reviewing 

Postal Service filings to become 

labyrinthine. Recognizing that Postal 

Service filings are electronic, the 

Commission will adopt the following 

policy: (1) The redacted Governors’ 

Decision on which the contract is based 

should be included with the filing; (2) 

an html link should be provided to the 

document filed by the Postal Service 

that notices that the unredacted 

Governors’ Decision is being filed under 

seal; and (3) all other confidential data 

relied on to support the specific contract 

should be filed in the docket in which 

that specific contract is filed. 

Other considerations. If the agreement 

terminates earlier than anticipated, the 

Postal Service shall promptly inform the 

Commission of the new termination 

date. 

In conclusion, the Commission finds 

that the negotiated service agreement 

submitted in Docket No. CP2009–47 is 

appropriately included within the 

Global Plus Contracts product. 

V. Ordering Paragraphs 

It is ordered: 

1. The contract filed in Docket No. 

CP2009–47 is included within the 

Global Plus 1 product (CP2008–8 and 

CP2009–47). 

2. The existing Global Plus 1 product 

(CP2008–9 and CP2008–10) is removed 

from the product list. 

3. As discussed in the body of this 

order, future contract filings which rely 

on materials filed under seal in other 

dockets should be self contained. 

4. The Postal Service shall notify the 

Commission if the termination date 

changes as discussed in this order. 

List of Subjects in 39 CFR Part 3020 

Administrative practice and 

procedure, Postal Service. 

Issued: July 31, 2009. 

By the Commission. 

Judith M. Grady, 

Acting Secretary. 

■ For the reasons stated in the preamble, 

under the authority at 39 U.S.C. 503, the 

Postal Regulatory Commission amends 

39 CFR part 3020 as follows: 

PART 3020—PRODUCT LISTS 

■ 1. The authority citation for part 3020 

continues to read as follows: 

Authority: 39 U.S.C. 503; 3622; 3631; 3642; 

3682. 

■ 2. Revise Appendix A to Subpart A of 

Part 3020—Mail Classification Schedule 

to read as follows: 

Appendix A to Subpart A of Part 

3020—Mail Classification Schedule 

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 

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41050 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 

Outside County Periodicals 

Package Services 

Single-Piece Parcel Post 

Inbound Surface Parcel Post (at UPU rates) 

Bound Printed Matter Flats 

Bound Printed Matter Parcels 

Media Mail/Library Mail 

Special Services 

Ancillary Services 

International Ancillary Services 

Address List Services 

Caller Service 

Change-of-Address Credit Card 

Authentication 

Confirm 

International Reply Coupon Service 

International Business Reply Mail Service 

Money Orders 

Post Office Box Service 

Negotiated Service Agreements 

HSBC North America Holdings Inc. 

Negotiated Service Agreement 

Bookspan Negotiated Service Agreement 

Bank of America Corporation Negotiated 

Service Agreement 

The Bradford Group Negotiated Service 

Agreement 

Inbound International 

Canada Post—United States Postal Service 

Contractual Bilateral Agreement for 

Inbound Market Dominant Services 

Market Dominant Product Descriptions 

First-Class Mail 

[Reserved for Class Description] 

Single-Piece Letters/Postcards 

[Reserved for Product Description] 

Bulk Letters/Postcards 

[Reserved for Product Description] 

Flats 

[Reserved for Product Description] 

Parcels 

[Reserved for Product Description] 

Outbound Single-Piece First-Class Mail 

International 

[Reserved for Product Description] 

Inbound Single-Piece First-Class Mail 

International 

[Reserved for Product Description] 

Standard Mail (Regular and Nonprofit) 

[Reserved for Class Description] 

High Density and Saturation Letters 

[Reserved for Product Description] 

High Density and Saturation Flats/Parcels 

[Reserved for Product Description] 

Carrier Route 

[Reserved for Product Description] 

Letters 

[Reserved for Product Description] 

Flats 

[Reserved for Product Description] 

Not Flat-Machinables (NFMs)/Parcels 

[Reserved for Product Description] 

Periodicals 

[Reserved for Class Description] 

Within County Periodicals 

[Reserved for Product Description] 

Outside County Periodicals 

[Reserved for Product Description] 

Package Services 

[Reserved for Class Description] 

Single-Piece Parcel Post 

[Reserved for Product Description] 

Inbound Surface Parcel Post (at UPU rates) 

[Reserved for Product Description] 

Bound Printed Matter Flats 

[Reserved for Product Description] 

Bound Printed Matter Parcels 

[Reserved for Product Description] 

Media Mail/Library Mail 

[Reserved for Product Description] 

Special Services 

[Reserved for Class Description] 

Ancillary Services 

[Reserved for Product Description] 

Address Correction Service 

[Reserved for Product Description] 

Applications and Mailing Permits 

[Reserved for Product Description] 

Business Reply Mail 

[Reserved for Product Description] 

Bulk Parcel Return Service 

[Reserved for Product Description] 

Certified Mail 

[Reserved for Product Description] 

Certificate of Mailing 

[Reserved for Product Description] 

Collect on Delivery 

[Reserved for Product Description] 

Delivery Confirmation 

[Reserved for Product Description] 

Insurance 

[Reserved for Product Description] 

Merchandise Return Service 

[Reserved for Product Description] 

Parcel Airlift (PAL) 

[Reserved for Product Description] 

Registered Mail 

[Reserved for Product Description] 

Return Receipt 

[Reserved for Product Description] 

Return Receipt for Merchandise 

[Reserved for Product Description] 

Restricted Delivery 

[Reserved for Product Description] 

Shipper-Paid Forwarding 

[Reserved for Product Description] 

Signature Confirmation 

[Reserved for Product Description] 

Special Handling 

[Reserved for Product Description] 

Stamped Envelopes 

[Reserved for Product Description] 

Stamped Cards 

[Reserved for Product Description] 

Premium Stamped Stationery 

[Reserved for Product Description] 

Premium Stamped Cards 

[Reserved for Product Description] 

International Ancillary Services 

[Reserved for Product Description] 

International Certificate of Mailing 

[Reserved for Product Description] 

International Registered Mail 

[Reserved for Product Description] 

International Return Receipt 

[Reserved for Product Description] 

International Restricted Delivery 

[Reserved for Product Description] 

Address List Services 

[Reserved for Product Description] 

Caller Service 

[Reserved for Product Description] 

Change-of-Address Credit Card 

Authentication 

[Reserved for Product Description] 

Confirm 

[Reserved for Product Description] 

International Reply Coupon Service 

[Reserved for Product Description] 

International Business Reply Mail Service 

[Reserved for Product Description] 

Money Orders 

[Reserved for Product Description] 

Post Office Box Service 

[Reserved for Product Description] 

Negotiated Service Agreements 

[Reserved for Class Description] 

HSBC North America Holdings Inc. 

Negotiated Service Agreement 

[Reserved for Product Description] 

Bookspan Negotiated Service Agreement 

[Reserved for Product Description] 

Bank of America Corporation Negotiated 

Service Agreement 

The Bradford Group Negotiated Service 

Agreement 

Part B—Competitive Products 

2000 Competitive Product List 

Express Mail 

Express Mail 

Outbound International Expedited Services 

Inbound International Expedited Services 

Inbound International Expedited Services 1 

(CP2008–7) 

Inbound International Expedited Services 2 

(MC2009–10 and CP2009–12) 

Priority Mail 

Priority Mail 

Outbound Priority Mail International 

Inbound Air Parcel Post 

Royal Mail Group Inbound Air Parcel Post 

Agreement 

Parcel Select 

Parcel Return Service 

International 

International Priority Airlift (IPA) 

International Surface Airlift (ISAL) 

International Direct Sacks—M-Bags 

Global Customized Shipping Services 

Inbound Surface Parcel Post (at non-UPU 

rates) 

Canada Post—United States Postal service 

Contractual Bilateral Agreement for 

Inbound Competitive Services (MC2009– 

8 and CP2009–9) 

International Money Transfer Service 

International Ancillary Services 

Special Services 

Premium Forwarding Service 

Negotiated Service Agreements 

Domestic 

Express Mail Contract 1 (MC2008–5) 

Express Mail Contract 2 (MC2009–3 and 

CP2009–4) 

Express Mail Contract 3 (MC2009–15 and 

CP2009–21) 

Express Mail Contract 4 (MC2009–34 and 

CP2009–45) 

Express Mail & Priority Mail Contract 1 

(MC2009–6 and CP2009–7) 

Express Mail & Priority Mail Contract 2 

(MC2009–12 and CP2009–14) 

Express Mail & Priority Mail Contract 3 

(MC2009–13 and CP2009–17) 

Express Mail & Priority Mail Contract 4 

(MC2009–17 and CP2009–24) 

Express Mail & Priority Mail Contract 5 

(MC2009–18 and CP2009–25) 

Express Mail & Priority Mail Contract 6 

(MC2009–31 and CP2009–42) 

Express Mail & Priority Mail Contract 7 

(MC2009–32 and CP2009–43) 

Express Mail & Priority Mail Contract 8 

(MC2009–33 and CP2009–44) 

Parcel Return Service Contract 1 (MC2009– 

1 and CP2009–2) 

Priority Mail Contract 1 (MC2008–8 and 

CP2008–26) 

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Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Rules and Regulations 41051 

1Request of the United States Postal Service to 

Add Direct Entry Parcels Contracts, International 

Return Service, and Harmonization Service to the 

Competitive Products List, and Notice of Filing 

(Under Seal) of Contract and Enabling Governors’ 

Decision, June 11, 2009 (Request). 

2 Governors’ Decision No. 09–7, filed June 11, 

2009, establishes prices and classifications not of 

general applicability for Direct Entry Parcels 

Contracts, International Return Service, and 

Harmonization Service Offered with Customized 

Agreements. Id. at 1. 

3Attachment 1 to the Request. 

4Attachment 2 to the Request. 

5Attachment 2, Attachments A–1, A–2, and A–3 

to the Request. 

6Attachment 2, Attachments B–1, B–2, and B–3 

to the Request. 

7Attachment 2, Attachments C–1, C–2, and C–3 

to the Request. 

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) 

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 Plus Contracts 

Global Plus 1 (CP2008–8, CP2008–46 and 

CP2009–47) 

Global Plus 2 (MC2008–7, CP2008–16 and 

CP2008–17) 

Inbound International 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

(MC2008–6, CP2008–14 and CP2008–15) 

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. E9–19504 Filed 8–13–09; 8:45 am] 

BILLING CODE 7710–FW–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket Nos. MC2009–26 and CP2009–36; 

Order No. 264] 

International Mail Products and Special 

Services 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adding 

Direct Entry Parcels Contracts and two 

related special services to the 

Competitive Product List. The two 

special services are categorized within 

International Ancillary Services. 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 requirements in the 

new law. 

DATES: Effective August 14, 2009 and is 

applicable beginning July 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman at 202–789–6820 

or stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: Regulatory 

History, 74 FR 30646 (June 29, 2009). 

I. Introduction 

II. Background 

III. Comments 

IV. Commission Analysis 

V. Ordering Paragraphs 

I. Introduction 

The Postal Service seeks to add Direct 

Entry Parcels (DEP) Contracts, 

International Return Service, and 

Harmonization Service to the 

Competitive Product List. For the 

reasons discussed below, the 

Commission approves adding the 

specific DEP contract (DEP 1) as a new 

product, along with International Return 

Service and Harmonization Service as 

ancillary (or special) services. 

II. Background 

On June 11, 2009, the Postal Service 

filed a formal request pursuant to 39 

U.S.C. 3642 and 39 CFR 3020.30 et seq. 

to add Direct Entry Parcels Contracts, 

International Return Service, and 

Harmonization Service to the 

Competitive Products List.1 The Postal 

Service indicates that Governors’ 

Decision No. 09–7, dated June 10, 2009, 

establishes prices and classifications not 

of general applicability for DEP 

contracts and the ancillary services of 

International Return Service and 

Harmonization Service.2 The Request 

has been assigned Docket No. MC2009– 

26. 

The Postal Service 

contemporaneously filed a DEP contract 

pursuant to 39 U.S.C. 3632(b)(3) and 39 

CFR 3015.5. Request at 1. The contract 

has been assigned Docket No. CP2009– 

36. 

The Request incorporates (1) A 

Statement of Supporting Justification as 

required by 39 CFR 3020.32; 3

(2) Governors’ Decision No. 09–7 

authorizing the new product and 

services; 4 (3) proposed changes to the 

Mail Classification Schedule (MCS); 5

(4) the pricing formulas applicable to 

DEP contracts, International Return 

Service and Harmonization Service; 6

(5) an analysis of those pricing 

formulas; 7 (6) certification of 

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