Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Rules and Regulations 49823 

1See PRC Order No. 262, Order Concerning Filing 

of Additional Global Expedited Package Services 1 

Negotiated Services Agreement, July 29, 2009 

(Order No. 262). 

2United States Postal Service Response to Order 

No. 262 Concerning Termination Date of Additional 

Global Expedited Package Services 1 Negotiated 

Service Agreement and Request for Clarification, 

July 30, 2009, at 2 (Request). No party filed a 

response to the Request. 

3Notice of United States Postal Service Filing of 

Functionally Equivalent Global Expedited Package 

Services 1 Negotiated Service Agreement, July 16, 

2009, at 2, 7 (Notice). 

4The Postal Service references PRC Order No. 

227 issued in Docket No. CP2009–35 and states that 

‘‘[t]he only additional difference between the 

agreement currently presented in this instant docket 

and the one presented in Docket No. CP2009–35 is 

the tender provision, which is described further 

below. Id. at 4, n.6. 

5This designation would also apply to GEPS 

contracts filed subsequent to the one in Docket No. 

CP2009–50, namely Docket Nos. CP2009–51, 

CP2009–52, CP2009–53, CP2009–58, and CP2009– 

59. 

6The Postal Service requests that the Inbound 

Direct Entry (IDE) contract filed in Docket No. 

CP2009–62 be considered the new baseline 

agreement for future IDE contracts. Absent a 

showing otherwise, the Commission intends to act 

on this request in a similar manner. 

7See e.g., Docket Nos. MC2009–34 and CP2009– 

24, Request of the United States Postal Service to 

Add Express Mail Contract 4 to Competitive 

Product List and Notice of Establishment of Rates 

and Class Not of General Applicability, July 6, 2009. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: June 16, 2009. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. E9–23441 Filed 9–28–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket No. CP2009–50; Order No. 290] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adding 

Global Expedited Package Services 1 

(CP2008–4) to the Competitive Product 

List. In addition, Global Expedited 

Package Services 2 will also be included 

as a new category. This action is 

consistent with changes in a recent law 

governing postal operations. 

Republication of the lists of market 

dominant and competitive products is 

also consistent with new requirements 

in the law. 

DATES: Effective September 29, 2009 and 

is applicable beginning August 28, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: Regulatory 

History, 74 FR 36538 (July 23, 2009). 

I. Introduction 

II. Discussion 

III. Ordering Paragraphs 

I. Introduction 

In Order No. 262, the Commission 

authorized the inclusion of an 

additional Global Expedited Package 

Service (GEPS) contract within the 

Global Expedited Package Services 1 

(GEPS 1) product.1 The Postal Service 

seeks clarification of that order.2 In its 

initial filing in this docket, the Postal 

Service sought to have the instant 

contract designated as the new baseline 

agreement for purposes of determining 

the functional equivalence of future 

GEPS contracts.3 The issue was not 

addressed substantively in Order No. 

262. Noting that the GEPS 1 contract 

currently serving as the baseline will 

terminate and be removed from the 

Competitive Product List, the Postal 

Service requests clarification 

‘‘concerning the contract and docket 

number that it should use for future 

filings of additional contracts to be 

added to the GEPS 1 product.’’ Request 

at 2. By this order, the Commission 

grants clarification. 

II. Discussion 

In its initial Notice, the Postal Service 

asserts the new GEPS 1 contract is 

functionally equivalent to previous 

GEPS contracts, that it should be 

included within the GEPS 1 product, 

‘‘and it should become the new baseline 

agreement for determining whether 

future contracts are functionally 

equivalent.’’ Notice at 2. In support of 

its contention that the instant contract is 

functionally equivalent, the Postal 

Service states that it shares similar cost 

and market characteristics with 

previously filed GEPS 1 contracts. Id. at 

4. It also contends that the contract 

meets the criteria established in 

Governors’ Decision 08–7. Furthermore, 

the Postal Service identifies various 

similarities with other GEPS 1 contracts, 

e.g., mailers are small and mediumsized businesses, the contract is for one 

year, and payment by permit imprint, as 

well as various differences, e.g., volume 

or postage commitments. Id. at 4–5. In 

addition, the Postal Service identifies 

various provisions, which it 

characterizes as minor or incidental, 

which differ from those contained in the 

initial GEPS 1 contract. These include, 

for example, clarifying the availability 

of other postal products, simplifying 

notice of mailing requirements, and 

changes not related to either party’s 

obligation under the agreement. Id. at 

5–7. 

In its Notice, the Postal Service does 

not expand on its request that the 

instant contract ‘‘be considered the 

baseline agreement for determining 

functional equivalence for additional 

agreements.’’ Id. at 7.4 Apparently, 

because the initial GEPS 1 contract is 

terminating and provisions have been 

added to subsequent GEPS 1 contracts, 

the Postal Service suggests that the 

instant GEPS 1 contract be designated as 

the baseline for purposes of determining 

the functional equivalence of future 

GEPS contracts. 

The Commission’s expectation in 

labeling the initial GEPS contract (in 

Docket No. CP2008–5) as GEPS 1 was 

that it would be followed sequentially 

by additional GEPS contracts, e.g., GEPS 

2, GEPS 3, etc., that exhibited sufficient 

variation from the initial contract to 

warrant being classified as a new 

product. Given that the initial GEPS 1 

contract is expiring and that the instant 

contract contains additional provisions, 

the Commission will label the latter as 

GEPS 2.5 Following the current practice, 

the Postal Service shall identify all 

significant differences between any new 

GEPS contract and the GEPS 2 product. 

Such differences would include terms 

and conditions that impose new 

obligations or new requirements on any 

party to the contract. The docket 

referenced in the caption should be 

Docket No. CP2009–50, in lieu of Docket 

No. CP2008–4. Following the current 

practice, a redacted copy of Governors’ 

Decision 08–7 should be included in the 

new filing along with an electronic link 

to it.6

Future requests to implement a new 

baseline agreement should be filed as an 

MC docket since it will result in adding 

a new product to the product list and 

may result in removing a product from 

the product list.7

III. Ordering Paragraphs 

It is ordered: 

1. The GEPS contract filed in Docket 

No. CP2009–50 is added to the 

Competitive Product List as a new 

product, Global Expedited Package 


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49824 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Rules and Regulations 

Services 2 (Docket No. CP2009–50) 

under Negotiated Service Agreements, 

International. 

2. The additional GEPS contracts filed 

in Docket Nos. CP2009–51, CP2009–52, 

CP2009–53, CP2009–58, and CP2009–59 

will be classified as GEPS 2 contracts 

and be included within the Global 

Expedited Package Services 2 product 

(Docket No. CP2009–50). 

3. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

List of Subjects in 39 CFR Part 3020 

Administrative practice and 

procedure; Postal Service. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

■ For the reasons stated in the preamble, 

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

Postal Regulatory Commission amends 

39 CFR part 3020 as follows: 

PART 3020—PRODUCT LISTS 

■ 1. The authority citation for part 3020 

continues to read as follows: 

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

3682. 

■ 2. Revise Appendix A to Subpart A of 

Part 3020—Mail Classification Schedule 

to read as follows: 

Appendix A to Subpart A of Part 

3020—Mail Classification Schedule 

Part A—Market Dominant Products 

1000 Market Dominant Product List 

First-Class Mail 

Single-Piece Letters/Postcards 

Bulk Letters/Postcards 

Flats 

Parcels 

Outbound Single-Piece First-Class Mail 

International 

Inbound Single-Piece First-Class Mail 

International 

Standard Mail (Regular and Nonprofit) 

High Density and Saturation Letters 

High Density and Saturation Flats/Parcels 

Carrier Route 

Letters 

Flats 

Not Flat-Machinables (NFMs)/Parcels 

Periodicals 

Within County Periodicals 

Outside County Periodicals 

Package Services 

Single-Piece Parcel Post 

Inbound Surface Parcel Post (at UPU rates) 

Bound Printed Matter Flats 

Bound Printed Matter Parcels 

Media Mail/Library Mail 

Special Services 

Ancillary Services 

International Ancillary Services 

Address List Services 

Caller Service 

Change-of-Address Credit Card 

Authentication 

Confirm 

International Reply Coupon Service 

International Business Reply Mail Service 

Money Orders 

Post Office Box Service 

Negotiated Service Agreements 

HSBC North America Holdings Inc. 

Negotiated Service Agreement 

Bookspan Negotiated Service Agreement 

Bank of America Corporation Negotiated 

Service Agreement 

The Bradford Group Negotiated Service 

Agreement 

Inbound International 

Canada Post—United States Postal Service 

Contractual Bilateral Agreement for 

Inbound Market Dominant Services 

Market Dominant Product Descriptions 

First-Class Mail 

[Reserved for Class Description] 

Single-Piece Letters/Postcards 

[Reserved for Product Description] 

Bulk Letters/Postcards 

[Reserved for Product Description] Flats 

[Reserved for Product Description] Parcels 

[Reserved for Product Description] 

Outbound Single-Piece First-Class Mail 

International 

[Reserved for Product Description] 

Inbound Single-Piece First-Class Mail 

International 

[Reserved for Product Description] 

Standard Mail (Regular and Nonprofit) 

[Reserved for Class Description] 

High Density and Saturation Letters 

[Reserved for Product Description] 

High Density and Saturation Flats/Parcels 

[Reserved for Product Description] 

Carrier Route 

[Reserved for Product Description] Letters 

[Reserved for Product Description] Flats 

[Reserved for Product Description] 

Not Flat-Machinables (NFMs)/Parcels 

[Reserved for Product Description] 

Periodicals 

[Reserved for Class Description] 

Within County Periodicals 

[Reserved for Product Description] 

Outside County Periodicals 

[Reserved for Product Description] 

Package Services 

[Reserved for Class Description] 

Single-Piece Parcel Post 

[Reserved for Product Description] 

Inbound Surface Parcel Post (at UPU rates) 

[Reserved for Product Description] 

Bound Printed Matter Flats 

[Reserved for Product Description] 

Bound Printed Matter Parcels 

[Reserved for Product Description] 

Media Mail/Library Mail 

[Reserved for Product Description] 

Special Services 

[Reserved for Class Description] 

Ancillary Services 

[Reserved for Product Description] 

Address Correction Service 

[Reserved for Product Description] 

Applications and Mailing Permits 

[Reserved for Product Description] 

Business Reply Mail 

[Reserved for Product Description] 

Bulk Parcel Return Service 

[Reserved for Product Description] 

Certified Mail 

[Reserved for Product Description] 

Certificate of Mailing 

[Reserved for Product Description] 

Collect on Delivery 

[Reserved for Product Description] 

Delivery Confirmation 

[Reserved for Product Description] 

Insurance 

[Reserved for Product Description] 

Merchandise Return Service 

[Reserved for Product Description] 

Parcel Airlift (PAL) 

[Reserved for Product Description] 

Registered Mail 

[Reserved for Product Description] 

Return Receipt 

[Reserved for Product Description] 

Return Receipt for Merchandise 

[Reserved for Product Description] 

Restricted Delivery 

[Reserved for Product Description] 

Shipper-Paid Forwarding 

[Reserved for Product Description] 

Signature Confirmation 

[Reserved for Product Description] 

Special Handling 

[Reserved for Product Description] 

Stamped Envelopes 

[Reserved for Product Description] 

Stamped Cards 

[Reserved for Product Description] 

Premium Stamped Stationery 

[Reserved for Product Description] 

Premium Stamped Cards 

[Reserved for Product Description] 

International Ancillary Services 

[Reserved for Product Description] 

International Certificate of Mailing 

[Reserved for Product Description] 

International Registered Mail 

[Reserved for Product Description] 

International Return Receipt 

[Reserved for Product Description] 

International Restricted Delivery 

[Reserved for Product Description] 

Address List Services 

[Reserved for Product Description] 

Caller Service 

[Reserved for Product Description] 

Change-of-Address Credit Card 

Authentication 

[Reserved for Product Description] 

Confirm 

[Reserved for Product Description] 

International Reply Coupon Service 

[Reserved for Product Description] 

International Business Reply Mail Service 

[Reserved for Product Description] 

Money Orders 

[Reserved for Product Description] 

Post Office Box Service 

[Reserved for Product Description] 

Negotiated Service Agreements 

[Reserved for Class Description] 

HSBC North America Holdings Inc. 

Negotiated Service Agreement 

[Reserved for Product Description] 

Bookspan Negotiated Service Agreement 

[Reserved for Product Description] 

Bank of America Corporation Negotiated 

Service Agreement 

The Bradford Group Negotiated Service 

Agreement 

Part B—Competitive Products 

2000 Competitive Product List 

Express Mail 


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Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Rules and Regulations 49825 

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) 

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) 

Outbound International 

Direct Entry Parcels Contracts 

Direct Entry Parcels 1 (MC2009–26 and 

CP2009–36) 

Global Direct Contracts (MC2009–9, 

CP2009–10, and CP2009–11) 

Global Expedited Package Services (GEPS) 

Contracts 

GEPS 1 (CP2008–5, CP2008–11, CP2008– 

12, and CP2008–13, CP2008–18, 

CP2008–19, CP2008–20, CP2008–21, 

CP2008–22, CP2008–23, and CP2008–24) 

Global Expedited Package Services 2 

(CP2009–50) 

Global Plus Contracts 

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

CP2009–47) 

Global Plus 2 (MC2008–7, CP2008–48 and 

CP2008–49) 

Inbound International 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

(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. E9–23488 Filed 9–28–09; 8:45 am] 

BILLING CODE 7710–FW–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 0 

Commission Organization 

CFR Correction 

In Title 47 of the Code of Federal 

Regulations, Parts 0 to 19, revised as of 

October 1, 2008, on page 93, in § 0.607, 

reinstate paragraph (d) to read as 

follows: 

§ 0.607 Transcript, recording or minutes; 

availability to the public. 

* * * * * 

(d) The Commissioner presiding at the 

meeting will prepare a statement setting 

out the time and place of the meeting, 

the names of persons other than 

Commission personnel who were 

present at the meeting, and the names 

of Commission personnel who 

participated in the discussion. These 

statements will be retained in a public 

file in the Minute and Rules Branch, 

Office of the Secretary. 

[FR Doc. E9–23479 Filed 9–28–09; 8:45 am] 

BILLING CODE 1505–01–D 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 11 

Emergency Alert System (EAS) 

CFR Correction 

In Title 47 of the Code of Federal 

Regulations, Parts 0 to 19, revised as of 

October 1, 2008, on page 719, in § 11.31, 

in paragraph (b), before the last 

sentence, reinstate the following 

sentence: 


CPrice-Sewell on DSKGBLS3C1PROD with RULES