[Federal Register Volume 72, Number 131 (Tuesday, July 10, 2007)]
[Rules and Regulations]
[Pages 37454-37455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3332]


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POSTAL SERVICE

39 CFR Part 20


International Product Change

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: The Postal Service \TM\ is issuing a final rule revising 
requirements contained in the International Mail Manual (IMM) 
concerning the contents of notifications of International Customized 
Mail (ICU) agreements.

DATES: Effective Date: July 10, 2007.

FOR FURTHER INFORMATION CONTACT: Margaret M. Falwell, 703-292-3576; or 
James Crawford, 703-292-3614.

SUPPLEMENTARY INFORMATION: International Customized Mail (ICM) 
agreements are specialized, mailer-specific, agreements entered into by 
the Postal Service which provide discounted rates from the base rates 
for existing categories and services of international mail. Postal 
Service regulations published at IMM 297 require that routine notices 
be published within prescribed periods identifying the salient terms of 
each ICM. In particular, information required to be published about 
each ICM include extensive information about each ICM. In particular, 
information required to be published about each ICM include extensive 
information about each ICM, including the term, type of mail involved, 
destination country or countries, description of services provided by 
the Postal Service, minimum volume commitments for each service, brief 
descriptions of any work-sharing performed by the mailer, and the 
agreed-upon rate for each service at the volume level committed by the 
mailer.
    The underlying rationale for this final rule is based on recently 
enacted amendments to the Postal Service's organic statute. On December 
20, 2006, the Postal Accountability and Enhancement Act (PAEA), Pub. L. 
No. 109-435, became law. The PAEA fundamentally changes the Postal 
Service's business model by converting former requirements to operate 
on a break-even basis to a more commercial, profit-making business 
model. The PAEA further gives the Postal Service considerable 
flexibility in pricing competitive services. In addition, the PAEA 
makes various commercial laws, such as antitrust, Federal Trade 
Commission unfair competition law, and private sector customs 
requirements, as well as an assumed federal income tax applicable to 
the Postal Service's competitive services.
    Under the PAEA, bulk international mail, which includes bulk 
mailings entered in combination with an ICM, could reasonably be 
classified as falling within the ``competitive'' category of mail, for 
which there are abundant, alternative providers. Thus, competitive 
services should observe commercial business practices. In general, 
private businesses do not publicize information about recently executed 
customer agreements; rather, such instruments are regarded as closely 
held commercial information. Consequently, in accordance with industry 
practice, continued publication of comprehensive information about the 
terms of ICMs would be inconsistent with their competitive status.
    Hence, the Postal Service is publishing this final rule to provide 
an appropriate level of information about

[[Page 37455]]

each ICM in view of their commercial sensitivity.
    We adopt the following changes to the Mailing Standards of the 
United States Postal Service, International Mail Manual (IMM), 
incorporated by reference in the Code of Federal Regulations. See 39 
CFR 20.1.

List of Subjects in 39 CFR Part 20

    Foreign relations, International postal services.

PART 20--[AMENDED]

0
1. The authority citation for 39 CFR Part 20 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, 404, 407, 408.


0
2. Revise International Mail Manual as follows:
* * * * *

2 Conditions for Mailing

* * * * *

290 Commercial Services

* * * * *

297 International Customized Mail

* * * * *

297.4 Postal Bulletin Notifications

    [Revise 297.4 as follows]
    Within 30 days of entering into an ICM service agreement, the 
Postal Service will publish the name of the customer in the Postal 
Bulletin.

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 07-3332 Filed 7-9-07; 8:45 am]
BILLING CODE 7710-12-M