51078 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations 

1Notice of United States Postal Service of Filing 

Functionally Equivalent Inbound Direct Entry 

Contracts Negotiated Service Agreement, August 21, 

2009 (Notice). 

2See Docket Nos. MC2008–6, CP2008–14 and 

CP2008–15, Order Concerning Prices Under 

Inbound Direct Entry Contracts With Certain 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Union 

Pacific Railroad (UPRR) Vertical Lift 

Span Bridge across the Victoria Barge 

Canal, mile 29.4 at Bloomington, 

Victoria County, Texas. The deviation is 

necessary to allow for joint replacement 

on the draw span. This deviation 

provides for the bridge to remain closed 

to navigation for 8 consecutive hours on 

October 19 and 20, 2009, from 8 a.m. to 

4 p.m. each day. 

DATES: This deviation is effective from 

8 a.m. on Monday, October 19, 2009 

until 4 p.m. on Tuesday, October 20, 

2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0857 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2009–0857 in the ‘‘Keyword’’ 

box and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Phil Johnson, Bridge 

Administration Branch, Eighth Coast 

Guard District; telephone 504–671– 

2128, e-mail Philip.R.Johnson@uscg.mil. 

If you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: The 

Victoria County Navigation District has 

requested a temporary deviation from 

the operating schedule of the UPRR 

Vertical Lift Span Bridge across the 

Victoria Barge Canal, mile 29.4 at 

Bloomington, Texas. The vertical lift 

bridge has a vertical clearance of 22 feet 

above high water in the closed-tonavigation position and 50 feet above 

high water in the open-to-navigation 

position. 

Presently, the bridge opens on signal 

for the passage of vessels. This deviation 

allows the draw span of the bridge to 

remain closed to navigation for 8 

consecutive hours between 8 a.m. and 4 

p.m. each day on October 19 and 20, 

2009. Navigation on the waterway 

consists mainly of tugs with tows. Due 

to prior experience and coordination 

with waterway users, it has been 

determined that this closure will not 

have a significant effect on these 

vessels. 

The vertical lift bridge has a vertical 

clearance of 22 feet above high water in 

the closed-to-navigation position and 50 

feet above high water in the open-tonavigation position. No alternate routes 

are available. The closures are necessary 

to allow for rail joint replacement on the 

bridge. As this work is proposed during 

hurricane season, the work may be 

postponed and rescheduled, should any 

tropical storms or hurricanes enter or 

develop in the Gulf of Mexico. The 

Coast Guard has coordinated the 

closures with the commercial users of 

the waterway. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: September 21, 2009. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. E9–23874 Filed 10–2–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket No. CP2009–62; Order No. 296] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adding 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

(MC2008–6) to the Competitive Product 

List. This action is consistent with 

changes in a recent law governing postal 

operations. Republication of the lists of 

market dominant and competitive 

products is also consistent with new 

requirements in the law. 

DATES: Effective October 5, 2009 and is 

applicable beginning September 4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: Regulatory 

History, 74 FR 44880 (August 31, 2009). 

I. Introduction 

II. Background 

III. Comments 

IV. Commission Analysis 

V. Ordering Paragraphs 

I. Introduction 

The Postal Service requests to add a 

new Inbound Direct Entry (IDE) contract 

to the Inbound Direct Entry Contracts 

with Foreign Postal Administrations 

product established in Docket No. 

MC2008–6.1 In its filing, the Postal 

Service also requests to have the instant 

contract designated as the new baseline 

agreement for purposes of determining 

the functional equivalence of future IDE 

contracts. Id. at 2. For the reasons 

discussed below, the Commission 

approves the addition of the instant 

contract to the Competitive Product List 

as a new product, Inbound Direct Entry 

Contracts with Foreign Postal 

Administrations 1 (referred to 

hereinafter as IDE 1). 

II. Background 

On August 21, 2009, the Postal 

Service filed a notice pursuant to 39 

U.S.C. 3633 and 39 CFR 3015.5 

announcing that it has entered into an 

Inbound Direct Entry (IDE) contract 

with New Zealand Post Limited (NZP), 

the public postal operator of New 

Zealand. It states that the NZP 

agreement is functionally equivalent to 

previously established IDE contracts 

filed in Docket Nos. CP2008–14, 

CP2008–15 and CP2009–41. Id. at 1. The 

IDE product allows the Postal Service to 

provide foreign postal administrations 

with the ability to ship sacks of parcels 

that are pre-labeled for direct entry into 

the Postal Service’s mailstream in 

exchange for applicable domestic 

postage plus a sack handling fee. The 

core of the service is the sack handling 

and entry as domestic mail. 

The Postal Service also publicly filed 

a redacted version of the contract, an 

application for non-public treatment of 

supporting materials, a certified 

statement required by 39 CFR 

3015(c)(2), a redacted version of the 

Governors’ Decision that authorizes IDE 

contracts, and a redacted version of the 

supporting financial information. The 

contract and supporting financial 

information were filed under seal. 

The Notice states that the instant 

contract is functionally equivalent to the 

IDE contracts previously submitted, fits 

within the Mail Classification Schedule 

(MCS) language included in Attachment 

A to Governors’ Decision No. 08–6, and 

should be included within the IDE 

contracts product. Id. at 2. In Order No. 

105, the Commission approved the 

individual IDE contracts in Docket No. 

MC2008–6 as functionally equivalent 

and added the contracts to the 

Competitive Product List as one product 

under the IDE classification.2


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Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations 51079 

Foreign Postal Administrations, September 4, 2008, 

at 8 (Order No. 105). 

3PRC Order No. 289, Notice and Order 

Concerning Filing of Functionally Equivalent 

Inbound Direct Entry Contracts Negotiated Service 

Agreement, August 25, 2009 (Order No. 289). 

4Public Representative Comments in Response to 

United States Postal Service Request to Add 

Inbound Direct Entry Contract to the Competitive 

Products List, September 3, 2009 (Public 

Representative Comments). The Public 

Representative filed an accompanying Motion of the 

Public Representative for Late Acceptance of 

Comments in Response to United States Postal 

Service Request to Add Inbound Direct Entry 

Contract to the Competitive Product List, September 

3, 2009. The motion is granted. 

5The Public Representative determines that the 

Postal Service has provided adequate justification 

for maintaining confidentiality in this case. Id. at 2. 

He affirms that his review of the materials filed 

under seal indicates that the instant contract 

complies with the pricing formula for IDE contracts. 

6 Id. at 1 and 3. He also concurs that the 

agreement appears to satisfy costing requirements, 

but seeks clarity in the process. Id. at 4–5, citing 

39 CFR 3020.13(b)(3). 

7Previously, the Commission found the Inbound 

Direct Contracts product to be properly classified as 

a competitive product. See Order No. 105 at 7; see 

also 36 U.S.C. 3642(d). 

8See Docket No. R2009–2, Order Approving 

Revisions in Amended Notice of Market Dominant 

Price Adjustment, April 9, 2009. The Postal Service 

filed rates to become effective May 11, 2009. 

9 Docket No. CP2009–41, Order Concerning Filing 

of Functionally Equivalent Inbound Direct Entry 

Contracts Negotiated Service Agreement, July 15, 

2009 (Order No. 248). 

10The present contract differs from Docket No. 

CP2008–14, which did not use the Centralized 

Trust Account payment method, and Docket No. 

CP2009–41, which included an annex based on 

foreign financial regulatory requirements. 

The Postal Service includes by 

reference its arguments regarding the 

functional equivalence to the IDE 

contracts as indicated in Docket Nos. 

CP2008–14 and CP2008–15, with three 

noted exceptions. Notice at 3 (footnote 

omitted). The instant IDE contract, it 

claims, resembles the contracts in 

Docket Nos. CP2008–14 and CP2008–15, 

except as to the provisions on the term, 

confidentiality, and payment account 

details. Id. at 3–4. 

The Postal Service maintains that 

some materials should remain under 

seal including certain portions of the 

contract and certified statement 

required by 39 CFR 3015.5(c)(2), related 

financial information, portions of the 

certified statement which contain costs 

and pricing, as well as the 

accompanying analyses that provide 

prices, terms, conditions, and financial 

projections. Id. at 2–3. 

The Postal Service will notify the 

customer of the effective date of the 

contact within 30 days after receiving 

all regulatory approvals. The contract 

term is 1 year from the effective date, 

but will be renewed automatically until 

terminated by the parties. 

In Order No. 289, the Commission 

gave notice of this docket, appointed a 

Public Representative, and provided the 

public with an opportunity to 

comment.3

III. Comments 

Comments were filed by the Public 

Representative.4 No other interested 

persons submitted comments. The 

Public Representative states that ‘‘[e]ach 

pertinent element of 39 U.S.C. 3632, 

3622, and 3642 appears to be met by 

this contract.’’ Id. at 1. He also notes 

that each element of 39 U.S.C. 3633(a) 

appears to be met by this additional IDE 

contract. Id. at 5. The pricing, in light 

of supporting documentation filed 

under seal, appears adequate and 

compliant.5 Id. The Public 

Representative concludes that the 

contract appears to be functionally 

equivalent to the other contracts within 

the IDE contract product (MC2008–6) 

classification, and the contract contains 

pricing incentives and other provisions 

beneficial to both the Postal Service and 

the general public.6 Without opposing 

the proposal to treat the NZP agreement 

as a new baseline, he does question why 

a functionally equivalent agreement 

should create a new baseline. Id. at 4. 

He underscores that the MCS must 

retain precision to preclude erosion of 

accountability and transparency. Id. As 

a safeguard, he proposes that the Postal 

Service outline in its future notices of 

any functionally equivalent agreement 

material distinctions and similarities. 

Id. 

IV. Commission Analysis 

The three main issues in this 

proceeding are whether the agreement 

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

interrelated issue of whether the instant 

contract is functionally equivalent with 

previously filed IDE contracts; and 

whether it should be classified as a 

baseline for future IDE contracts.7 In 

reaching its conclusions, the 

Commission has reviewed the Notice, 

the agreement and the financial analyses 

provided under seal, and the Public 

Representative’s comments. 

Statutory requirements. The Postal 

Service contends that the instant 

agreement 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. It asserts that 

Governors’ Decision No. 08–6 

supporting this agreement establishes a 

pricing formula and classification that 

ensures each contract meets the criteria 

of 39 U.S.C. 3633 and the regulations 

promulgated thereunder. It further states 

that the previously proposed IDE MCS 

language requires each contract to cover 

its attributable costs. Id. at 3. 

During the review of the Postal 

Service’s financial supporting 

documentation, the Commission found 

discrepancies between (a) the 

supporting financial material, and (b) 

the contract rate provisions. The 

financial supporting documentation 

uses rates in effect prior to the May 11, 

2009 increase in prices for market 

dominant products.8 The contract, 

however, contains the rates currently in 

effect. Additionally, the contract is 

based on Priority Mail commercial rates; 

however, the financial supporting 

documentation uses Priority Mail retail 

rates. These discrepancies did not 

adversely affect cost coverage for the 

contract. The Commission found these 

same discrepancies in Docket No. 

CP2009–41 and highlighted them in 

Order No. 248.9

Based on the data submitted and its 

analysis, the Commission finds that the 

agreement 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 agreement 

indicates that it comports with the 

provisions applicable to rates for 

competitive products. 

Functional equivalence/baseline 

treatment. The Postal Service asserts 

that the instant contract is functionally 

equivalent to the IDE contracts filed 

previously because it shares similar cost 

and market characteristics, and 

therefore the contract should be 

classified as a single product. Notice at 

3. The Postal Service notes, however, 

that the instant contract includes 

provisions not contained in the earlier 

IDE contracts. Id. These differences 

include: (1) Renewal can result 

automatically, without the parties’ 

mutual agreement; (2) confidentiality 

duties that comport with the 

Commission’s new confidentiality rules, 

and are governed in the text of the 

agreement rather than under an annex; 

and (3) the payment methods that are 

comparable to the terms in Docket No. 

CP2008–15, but not other prior IDE 

contracts.10 Id. at 4. 

The Postal Service also requests that 

the instant contract be considered a new 

baseline for future functional equivalent 

comparisons ‘‘[b]ecause future IDE 

Contracts are likely to resemble this 

contract in form and substance. Notice 

at 2. The Postal Service also explains 


cprice-sewell on DSK2BSOYB1PROD with RULES
51080 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations 

11As the Commission recently noted in Order No. 

290, ‘[f]uture 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.’’ Docket No. CP2009–50, Order 

Granting Clarification and Adding Global Expedited 

Package Services 2 to the Competitive Product List, 

August 28, 2009 (Order No. 290). 

that the text of the earlier IDE contracts 

contain different extension terms, 

confidentiality, and payment account 

detail provisions, and it intends to 

incorporate the new provisions into 

subsequent IDE contracts. Thus, it 

expects ‘‘future IDE Contracts to 

resemble the instant contract more 

closely than those in Docket Nos. 

CP2008–14 and CP2008–15.’’ Id. at 4. 

In lieu of ruling on the functional 

equivalence of the instant contract to 

those previously filed, the Commission 

concludes, for reasons of accountability 

and transparency as suggested by the 

Public Representative, that the more 

appropriate outcome is to add the 

instant contract to the Competitive 

Product List as a new product, IDE 1. In 

approving the initial IDE contract, it was 

the Commission’s expectation that it 

would be followed by additional IDE 

contracts that may exhibit sufficient 

variation from the initial contract to 

warrant being classified as a new 

product, e.g., IDE 2, IDE 3, etc. Given 

the Postal Service’s intent to use the 

instant contract as a template for future 

IDE contracts and that it contains 

provisions not included in the earlier 

IDE contracts, the Commission will 

label the instant contract as a new 

product, IDE 1. To the extent that future 

IDE contracts with foreign posts are 

(substantially) based on the instant 

contract, the Postal Service may seek to 

have them classified as functionally 

equivalent. To the extent that such 

future contracts differ substantially, the 

Postal Service should file a request, 

pursuant to 39 CFR 3020.1 et seq., to 

add a new product to the Competitive 

Product List.11

Following the current practice, the 

Postal Service shall identify all 

significant differences between any new 

IDE contract and the IDE 1 product. 

Such differences would include terms 

and conditions that impose new 

obligations or new requirements on any 

party to the contract. In addition, and 

consistent with the current practice, a 

redacted copy of Governors’ Decision 

No. 08–6 should be included in the new 

filing. 

V. Ordering Paragraphs 

It is ordered: 

1. A new subcategory titled ‘‘Inbound 

Direct Entry Contracts with Foreign 

Postal Administrations’’ shall be created 

under the Inbound International 

category appearing in the Competitive 

Product list. This subcategory will 

include all individual Inbound Direct 

Entry Contracts with Foreign Postal 

Administrations products. 

2. The existing product titled 

‘‘Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

(MC2008–6, CP2008–14 and CP2008– 

15)’’ shall appear under the subcategory 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations until 

each of the individual contracts within 

this product has expired. 

3. The IDE contract filed in Docket 

No. CP2009–62 is added to the 

Competitive Product List as a new 

product, ‘‘Inbound Direct Entry 

Contracts with Foreign Postal 

Administrations 1 (MC2008–6, CP2009– 

62)’’ and shall appear under the 

subcategory Inbound Direct Entry 

Contracts with Foreign Postal 

Administrations. 

4. The Postal Service shall notify the 

Commission of the scheduled effective 

date and termination date and update 

the Commission if the contract 

terminates at an earlier date. 

5. 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. 

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 

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 


cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations 51081 

[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 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) 

Outbound International 

Direct Entry Parcels Contracts 

Direct Entry Parcels 1 (MC2009–26 and 

CP2009–36) 

Global Direct Contracts (MC2009–9, 

CP2009–10, and CP2009–11) 

Global Expedited Package Services (GEPS) 

Contracts 

GEPS 1 (CP2008–5, CP2008–11, CP2008– 

12, and CP2008–13, CP2008–18, 

CP2008–19, CP2008–20, CP2008–21, 

CP2008–22, CP2008–23, and CP2008–24) 

Global Expedited Package Services 2 

(CP2009–50) 

Global Plus Contracts 

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

CP2009–47) 

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

CP2008–49) 

Inbound International 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

(MC2008–6, CP2008–14 and MC2008– 

15) 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 1 

(MC2008–6 and CP2009–62) 


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51082 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations 

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. E9–23895 Filed 10–2–09; 8:45 am] 

BILLING CODE 7710–FW–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8097] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59. Accordingly, the communities will 

be suspended on the effective date in 

the third column. As of that date, flood 

insurance will no longer be available in 

the community. However, some of these 

communities may adopt and submit the 

required documentation of legally 

enforceable floodplain management 

measures after this rule is published but 

prior to the actual suspension date. 

These communities will not be 

suspended and will continue their 

eligibility for the sale of insurance. A 

notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, FEMA has identified the 

Special Flood Hazard Areas (SFHAs) in 

these communities by publishing a 

Flood Insurance Rate Map (FIRM). The 

date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may legally be provided for 

construction or acquisition of buildings 

in identified SFHAs for communities 

not participating in the NFIP and 

identified for more than a year, on 

FEMA’s initial flood insurance map of 

the community as having flood-prone 

areas (section 202(a) of the Flood 

Disaster Protection Act of 1973, 42 

U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment under 5 U.S.C. 553(b) 

are impracticable and unnecessary 

because communities listed in this final 

rule have been adequately notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 


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