622 Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Rules and Regulations 

1Request of the United States Postal Service 

Regarding Inbound Express Mail International 

(EMS) from Foreign Posts to Add Inbound 

International Expedited Services 2 to Competitive 

Product List; and Notice of Establishment of Rates 

and Classifications Not of General Applicability, 

November 19, 2008 (Request). 

payment on behalf of the mortgagor. The 

mortgagee is prohibited from escrowing 

funds at closing for all or part of the first 

total monthly mortgage payment. 

■ 8. Revise § 4001.118(a)(1) to read as 

follows: 

§ 4001.118 Equity sharing. 

(a) Initial Equity. For purposes of 

section 257(k)(1) of the Act, the initial 

equity created as a direct result of the 

origination of a Program mortgage on a 

property, as calculated by the Program 

mortgage lender, shall equal: 

(1) The lesser of— 

(i) The appraised value of the 

property that was used at the time of 

origination of the Program mortgage to 

underwrite the mortgage and to 

determine compliance with the 

maximum loan-to-value ratio at 

origination established by section 

257(e)(2)(B) of the Act; or 

(ii) The outstanding amount due 

under all existing senior mortgages, 

existing subordinate mortgages, and 

non-mortgage liens on the property; less 

* * * * * 

■ 9. In § 4001.120, revise the heading, 

revise paragraphs (a)(1) and (c)(2), and 

add paragraph (e) to read as follows: 

§ 4001.120 Appreciation sharing or upfront 

payment. 

(a) * * * 

(1) In the case of— 

(i) A sale of the property to one or 

more persons none of which is a related 

party of the mortgagor, the gross 

proceeds from the sale of the property; 

or 

(ii) A disposition of the property or 

the sale of the property to a related party 

of the mortgagor, the current appraised 

value of the property at the time of the 

disposition or sale; less 

* * * * * 

(c) * * * 

(2) The amount of the unpaid 

principal and interest on such existing 

subordinate mortgage, as of the first day 

of the month in which the mortgagor 

made application for the Program 

mortgage, is at least $2,500; and 

* * * * * 

(e) Election to receive upfront 

payment in lieu of a share of 

appreciation. Upon meeting the 

requirements of paragraph (c) of this 

section, the eligible holder(s) of an 

existing subordinate mortgage on a 

property securing a Program mortgage 

may elect to receive, 

contemporaneously with the origination 

of the Program mortgage, a payment 

from FHA in an aggregate amount 

determined in accordance with the 

formula provided in Appendix A to this 

part in lieu of any right to receive a 

portion of FHA’s 50 percent interest in 

the future appreciation in the appraised 

value of such property under paragraph 

(c) of this section. 

■ 10. Appendix A to part 4001, 

including its heading, is revised to read 

as follows: 

APPENDIX A TO PART 4001—CALCULATION OF UPFRONT PAYMENT OR FUTURE APPRECIATION PAYMENT

Subordinate mortgage lien holder’s cumulative combined loan-to-value ratio 

Upfront payment option 

Percent of unpaid principal and interest that 

lien holder is eligible to 

receive # (percent) 

Future appreciation 

option* 

Percent of unpaid principal and interest that 

lien holder is eligible to 

receive # (percent) 

>135% ...................................................................................................................................... 3 9 

≤135% ...................................................................................................................................... 4 12 

* A payment to a subordinate mortgage lien holder will depend on actual appreciation of the property as determined in accordance with 24 

CFR 4001.120. Payment will be made according to the subordinate lien holder’s position of priority in relation to the property at the time the Program mortgage is originated. 

# Payment will be based upon principal and interest as of the first day of the month in which the borrower made application for the Program 

mortgage, calculated at the pre-default contract rate of interest. 

Dated at Washington, DC, this 31st day of 

December 2008. 

By order of the Board of Directors of the 

HOPE for Homeowners Program 

Brian D. Montgomery, 

Chairman of the Board. 

[FR Doc. E9–57 Filed 1–6–09; 8:45 am] 

BILLING CODE 4210–AA–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket Nos. MC2009–10 and CP2009–12; 

Order No. 162] 

International Mail Contracts 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adding 

Inbound International Expedited 

Services 2 to the Competitive Product 

List. This action is consistent with 

changes in a recent law governing postal 

operations and a recent Postal Service 

request. Republication of the lists of 

market dominant and competitive 

products is also consistent with new 

requirements in the law. 

DATES: Effective January 7, 2009. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 and 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: Regulatory 

History, 73 FR 74212 (December 5, 

2008). 

The Postal Service seeks to add a new 

product identified as Inbound 

International Expedited Services 2 to 

the Competitive Product List. For the 

reasons discussed below, the 

Commission approves the Request. 

I. Background 

On November 19, 2008, the Postal 

Service filed a request pursuant to 39 

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

to add Inbound International Expedited 

Services 2 to the Competitive Product 

List.1 The Postal Service asserts that 

Inbound International Expedited 

Services 2 is a competitive product 

within the meaning of 39 U.S.C. 

3632(b)(3). This Request has been 

assigned Docket No. MC2009–10. 

The Postal Service 

contemporaneously filed notice, 

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

CFR 3015.5, that the Governors have 

established prices and classifications 

not of general applicability for Inbound 

Express Mail International (EMS) 

Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Rules and Regulations 623 

2The Postal Service states that at the time of 

Governors’ Decision No. 08–20 in this proceeding, 

EMS prices met all requirements of the financial 

model which is reflected in the decision. The 

financial model filed under seal in the instant case 

provides inputs that became available subsequent to 

the Governors’ vote. This model as filed has an 

anomaly because the margin is slightly below the 

threshold set by the Governors. However, the Postal 

Service contends that this difference should not 

impact the Commission’s approval of the prices that 

were established in August 2008 and that the cost 

coverage presented in the model as filed is above 

100 percent and satisfies the statutory pricing 

criteria for competitive products. Request at 4, n.9. 

3Request, Attachment 1, at 1, see also Request at 

2. 

4The Kahala Post Group is a group of postal 

administrations that in 2003 agreed to work 

together to improve international postal services, 

particularly for express and package services. 

5Request at 4. See PRC Order No. 84, Order 

Concerning the China Post Group Inbound EMS 

Agreement, Docket No. CP2008–7, June 27, 2008. 

6See Attachment 1 to the Request. 

7See Attachment 2 to the Request. 

8See Attachment 3 to the Request. 

9See Attachment 4 to the Request. 

10PRC Order No. 141, Notice and Order 

Concerning Adding Inbound International 

Expedited Services 2 to Competitive Product List, 

December 1, 2008 (Order No. 141). 

11Response of United States Postal Service to 

Chairman’s Information Request No. 1 and Notice 

of Filing Responsive Materials (Under Seal), 

December 12, 2008; United States Postal Service 

Notice of Filing Errata to Response to Chairman’s 

Information Request No. 1, and Notice of Filing 

Errata to Financial Materials (Under Seal), 

December 18, 2008. 

12Reply to Comments of William Gensburg of 

International [Transport] Solutions, December 15, 

2008 (Postal Service Reply). 

13Public Representative Comments in Response 

to United States Postal Service Request to Add 

Inbound International Expedited Services 2 to the 

Competitive Product List, and Establishment of 

Rates and Classifications Not of General 

Applicability, December 5, 2008 (Public 

Representative Comments). 

14Comments of William Gensburg of 

International Transport Solutions, Inc., December 9, 

2008 (ITS Comments). This filing was accompanied 

by a Motion for Late Acceptance of Comments of 

William Gensburg of International Transport 

Solutions, Inc. pursuant to Order No. 141, 

December 9, 2008. The motion is granted. 

originating from foreign posts.2 The 

Governors’ Decision establishes EMS 

prices pursuant to the Universal Postal 

Union’s (UPU) EMS Cooperative 

procedures which permit each 

participating destination postal 

administration to change its charges 

effective January 1 of each year by 

notifying its partners directly or through 

the UPU’s International Bureau by 

August 31 of the year prior to the 

effective date.3 The Postal Service 

generally provides notice through the 

UPU International Bureau. Governors’ 

Decision at 1, n.2. 

Under the EMS Cooperative 

procedures, destination posts set prices 

for the following three pricing tiers: 

1. Pay-For-Performance. Available 

EMS Cooperative members who elect to 

comply with pay-for-performance 

provisions. These rates also will apply 

to members of the Kahala Post Group; 4

2. EMS Cooperative. EMS Cooperative 

members who elect not to comply with 

pay-for-performance provisions; and 

3. All Others. International posts who 

choose not to be members of the EMS 

Cooperative. Request at 2. 

With the exception of Inbound 

International Expedited Services 1 

involving a bilateral agreement with the 

China Post Group, the Postal Service 

proposes that the three price tiers 

applicable to EMS for foreign posts 

whose prices are set pursuant to this 

process be classified as a single product, 

Inbound International Expedited 

Services 2.5

In support of its Request, the Postal 

Service filed a redacted version of the 

Governors’ Decision establishing prices 

and classifications for Inbound Express 

Mail International.6 The Postal Service 

also filed a Statement of Supporting 

Justification as required by 39 CFR 

3020.32,7 certification of the Governors’ 

vote,8 and certification of compliance 

with 39 U.S.C. 3633(a).9 In addition, the 

Postal Service filed an unredacted copy 

of the Governors’ Decision, the 

agreements with foreign posts, and other 

supporting documents designed to 

establish compliance with 39 CFR 

3015.5 under seal. Request at 1, n.2. 

In the Statement of Supporting 

Justification, Brian T. Hutchins, 

Manager, International Postal Relations, 

discusses the possibility that the Postal 

Service could have requested that the 

new product be merged with Inbound 

International Expedited Services 1. He 

notes that the prices for inbound EMS 

are established through bilateral 

negotiation (e.g., China Post Group) or 

unilaterally pursuant to the EMS 

Cooperative procedures. 

He further states that the Request 

recognizes that the ‘‘price changes for 

EMS were locked down in August 2008 

and this is the first experience putting 

prices set by this method through 

Commission review under the [Postal 

Accountability and Enhancement Act 

(PAEA)].’’ Request, Attachment 2, at 2. 

The Postal Service views its Request as 

the simplest approach. Id. He observes, 

however, that the Commission could 

determine that inbound EMS from 

foreign posts be included with the 

existing inbound EMS product (Inbound 

International Expedited Services 1). 

Hutchins concludes that either 

approach ‘‘will improve the Postal 

Service’s competitive posture, while 

enabling the Commission to verify that 

prices set according to EMS Cooperative 

procedures cover their attributable costs 

and make a positive contribution to 

coverage of institutional costs.’’ Id. at 2– 

3. 

W. Ashley Lyons, Manager, Corporate 

Financial Planning, Finance 

Department, certifies that the Inbound 

EMS prices comply with 39 U.S.C. 

3633(a). Request, Attachment 4. He 

asserts that the EMS agreement ‘‘prices 

demonstrate that EMS should cover its 

attributable costs and preclude the 

subsidization of competitive products 

by market dominant products.’’ Id. 

The Postal Service filed much of the 

supporting materials, including the 

Governors’ Decision and the EMS 

agreements with foreign posts, under 

seal. It maintains that the EMS 

agreements with foreign posts, related 

financial information, and the 

Governors’ Decision should remain 

under seal as they contain pricing, cost, 

and other information that are highly 

confidential. Request at 5. 

The Postal Service classification 

changes established for existing EMS 

agreements (except for the China Post 

Group) in the Governors’ Decision are 

scheduled to take effect January 1, 2009 

after review by the Commission. 

Governors’ Decision at 3. 

In Order No. 141, the Commission 

gave notice of the two dockets, 

appointed a public representative, and 

provided the public with an opportunity 

to comment.10 The Postal Service 

responded to the Chairman’s 

Information Request No. 1 on December 

12, 2008. It filed an errata on December 

18, 2008.11

II. Comments 

Comments were filed by the Public 

Representative and International 

Transport Solutions, Inc. (ITS). The 

Postal Service filed a reply to ITS’ 

comments.12

The Public Representative focuses 

principally on confidentiality and the 

adequacy of cost coverage in the 

agreement.13 Public Representative 

Comments 2–4. The Public 

Representative concludes that the Postal 

Service provides sufficient justification 

for the filing of materials under seal. He 

further notes that the cost coverage in 

the agreement should generate sufficient 

revenue so that there is no subsidization 

of international inbound EMS 

negotiated service agreements by market 

dominant products. Public 

Representative Comments at 4. 

ITS is in the international mail 

consolidation industry.14 Its market 

represents the import and export of bulk 

international mail generated from 

organizations. ITS Comments at 1. It 

focuses on section 407(e)(2) of title 39 

624 Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Rules and Regulations 

regarding application of customs laws to 

shipments of competitive products by 

the Postal Service and similar 

shipments by private companies. It 

contends that the Postal Service enjoys 

special regulatory advantages not 

available to others which it states is in 

direct contradiction to the requirements 

of the PAEA. ITS asserts the Postal 

Service enjoys singular customs 

advantages for all international mail. Id. 

ITS concludes that approval of the 

Inbound International Expedited 

Services 2 product will not comport 

with the PAEA’s mandate until the 

customs laws of the United States 

change so that all shipments by 

international delivery companies, 

including the Postal Service, are treated 

equally. Id. at 1–2. 

In its reply, the Postal Service 

contends that ITS has not shown that it 

is a ‘‘private company’’ within the 

context of 407(e)(1) or shown that it 

makes similar shipments to those 

imported or exported by the Postal 

Service. Postal Service Reply at 1. The 

Postal Service also argues that the 

organization does not present issues 

which are proper for consideration by 

the Commission or address whether the 

operational agreements or UPUmanaged price setting procedures 

comply with 39 U.S.C. 3633. Id. at 2. It 

further contends that ITS does not 

provide information on consumer or 

small business concerns about the 

placement of the product on the 

Competitive Product List. The Postal 

Service argues that section 407(e)(2) of 

title 39 is not relevant to this 

proceeding. Id. 

III. Commission Analysis 

The Commission has reviewed the 

contract, the financial analysis provided 

under seal that accompanies it, the 

supplemental information filed by the 

Postal Service in response to the 

Chairman’s Information Request No. 1, 

and the parties’ comments. 

The Commission’s statutory 

responsibilities in this instance entail 

assigning Inbound International 

Expedited Services 2 to either the 

Market Dominant Product List or to the 

Competitive Product List. 39 U.S.C. 

3642. As part of this responsibility, the 

Commission also reviews the proposal 

for compliance with the PAEA, 

including sections 3632, 3633, and 3642 

of title 39. 

Product list assignment. In 

determining whether to assign the 

Inbound International Expedited 

Services 2 as a product to the Market 

Dominant Product List or the 

Competitive Product List, the 

Commission must consider whether 

the Postal Service exercises sufficient market 

power that it can effectively set the price of 

such product substantially above costs, raise 

prices significantly, decrease quality, or 

decrease output, without risk of losing a 

significant level of business to other firms 

offering similar products. 

39 U.S.C. 3642(b)(1). If so, the product 

will be categorized as market dominant. 

The competitive category of products 

shall consist of all other products. 

The Commission is further required to 

consider the availability and nature of 

enterprises in the private sector engaged 

in the delivery of the product, the views 

of those who use the product, and the 

likely impact on small business 

concerns. 39 U.S.C. 3642(b)(3). 

The Postal Service describes the 

product as involving Inbound Express 

Mail International from foreign posts for 

delivery in the Postal Service’s domestic 

service area. It proposes that it be added 

as a new competitive product called 

Inbound International Expedited 

Services 2. Request at 1, Attachment 2 

at 1. The Postal Service asserts that it 

does not have the market power to set 

its prices substantially above costs, to 

raise prices significantly, or to decrease 

quality of output. Request, Attachment 

2, at 3. It asserts that its bargaining 

position is constrained by the existence 

of other shippers who can provide 

similar services, thus precluding it from 

taking unilateral action to increase 

prices without the risk of losing volume 

to private companies. Id. 

The Postal Service argues inbound 

EMS falls outside the Private Express 

Statutes. It suggests that the relevant 

market can be served by ‘‘[p]rivate 

consolidators, freight forwarders, and 

integrators’’ who offer ‘‘quick end-toend delivery of matter that could also be 

sent and delivered via EMS.’’ Id. at 4. 

Based on his review of the filing, the 

Public Representative concludes that 

the Postal Service’s proposal complies 

with title 39, and that its Request fulfills 

all relevant requirements of the 

Commission Rules of Practice and 

Procedure. Public Representative 

Comments at 5. 

ITS does not oppose the classification 

of Inbound International Expedited 

Services 2 as a competitive product. 

Rather, it argues that accepting the 

Postal Service’s request ‘‘cannot 

comport with the PAEA’s mandate’’ 

until customs laws change so that 

shipments for the Postal Service and 

competing international delivery 

companies are treated equally. ITS 

Comments at 2. While the Commission 

appreciates ITS’ concerns, the issues it 

raises are beyond the scope of this 

proceeding. The issues presented by the 

Postal Service’s filing are whether the 

proposal is consistent with the policies 

of sections 3632, 3633, and 3642 of title 

39. If ITS believes that the regulatory 

advantages it cites fall within the 

Commission’s purview, it would need to 

develop its claim more fully. 

Having considered the statutory 

requirements, comments filed by the 

parties and the support offered by the 

Postal Service, the Commission finds 

that Inbound International Expedited 

Services 2 is appropriately classified as 

a competitive product and should be 

added to the Competitive Product List. 

Cost considerations. The Governor’s 

Decision states that the price floor 

formula provides greater than 100 

percent coverage of the costs 

attributable to each of the price tiers. Id. 

Attachment 1 at 2. The Postal Service 

provided data under seal which 

permitted analysis of the underlying 

agreements individually, by tier, and as 

a whole. The Postal Service’s 

Representative, W. Ashley Lyons, 

certifies that the price formula is 

designed to ensure that each agreement 

should cover its attributable costs and 

preclude the subsidization of 

competitive products by market 

dominant products. 

Based on the data submitted and the 

comments received, the Commission 

finds that Inbound International 

Expedited Services 2 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 Inbound International 

Expedited Services 2 indicates that it 

comports with the provisions applicable 

to rates for competitive products. 

Procedural considerations. The Postal 

Service indicates that the EMS prices 

established by the Governors are 

produced pursuant to EMS Cooperative 

procedures. Report, Attachment 1 at 1. 

The EMS Cooperative is a voluntary 

group established by the UPU’s Postal 

Operations Council. Id. at 1, n.1. 

Hutchins notes that the Request 

represents the ‘‘first experience putting 

prices set by this method through 

Commission review under the PAEA.’’ 

Id., Attachment 2 at 2. The Commission 

has concerns with the timing of the 

Request. 

The EMS Cooperative requires that 

new rates to take effect January 1 of the 

coming year be communicated to the 

UPU and EMS partners by August 31. 

There is no opportunity for an EMS 

Cooperative member to change its rates 

for the coming year after August 31. The 

Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Rules and Regulations 625 

15See Docket No. 2008–7, United States Postal 

Service Response to Order No. 84 and Notice of 

Filing Ongoing Inbound International Expedited 

Services Agreements, July 23, 2008. 

Postal Service notes that the EMS prices 

for 2009 ‘‘were locked down in August 

2008.’’ Id. at 4, n.9. The Commission’s 

subsequent review of these rates after 

August 31 is therefore problematic. If a 

product is found to violate the PAEA, 

e.g., does not satisfy section 3633(a)(2), 

the Postal Service may be without a 

suitable remedy until the next rate 

change is permitted for the following 

year, in this case 2010. However, no 

change of filed rates is required in this 

record. 

In response to Order 84, the Postal 

Service filed a list of ongoing 

International Expedited Services 

Agreements.15 The Postal Service is 

directed to file a similar public list 

organizing the instant agreements to be 

grouped under each of the three tiers of 

Inbound International Expedited 

Services 2. The Postal Service should 

also notify the Commission on a 

quarterly basis of additional 

participation by postal administrations 

in Pay-For-Performance and the 

effective date. The Postal Service shall 

also promptly notify the Commission if 

the prices terminate earlier than 

December 31, 2009, but no later than the 

actual termination date. 

The revision to the Competitive 

Product List is shown below the 

signature of this Order and is effective 

upon issuance of this order. 

It is Ordered: 

1. Inbound International Expedited 

Services 2 (MC2009–10 and CP2009–12) 

is added to the Competitive Product List 

as a new product under Express Mail, 

Inbound International Expedited 

Services. 

2. As discussed in the body of this 

order, the Postal Service shall file a list 

of the instant agreements to be grouped 

under each of the three price tiers. 

3. The Postal Service shall notify the 

Commission if any prices terminate 

earlier than December 31, 2009, and of 

changes to countries listed in each of 

the three price tiers on a quarterly basis. 

4. The Secretary shall arrange for the 

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. 

Steven W. Williams, 

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 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 

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] 

626 Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Rules and Regulations 

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 

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 & Priority Mail Contract 1 

(MC2009–6 and CP2009–7) 

Express Mail & Priority Mail Contract 2 

(MC2009–12 and CP2009–14) 

Parcel Return Service Contract 1 (MC2009– 

1 and CP2009–2) 

Parcel Return Select & Parcel Return 

Service Contract 1 (MC2009–11 and 

CP2009–13) 

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) 

Outbound International 

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 (CP2008–9 and CP2008–10) 

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

CP2008–17) 

Global Direct Contracts (MC2009–9, 

CP2009–10 and CP2009–11) 

Inbound Direct Entry Contracts with Foreign 

Postal Administrations (MC2008–6, 

CP2008–14 and CP2008–15) 

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. E9–58 Filed 1–6–09; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 19 

[FRL–8760–4] 

RIN 2020–AA46 

Civil Monetary Penalty Inflation 

Adjustment Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: This action contains a minor 

correction to the final Civil Monetary 

Penalty Inflation Adjustment Rule, 

which was published on December 11, 

2008 (73 FR 75340) and will be effective 

on January 12, 2009. As mandated by 

the Debt Collection Improvement Act 

(DCIA), the rule adjusts for inflation the 

statutory civil penalties that may be 

assessed for violations of EPAadministered statutes and their 

implementing regulations. A corrected 

version of Table 1 of the regulation 

appears at the end of this action. 

DATES: This correction is effective 

January 12, 2009. 

FOR FURTHER INFORMATION CONTACT: 

David Abdalla, Special Litigation and 

Projects Division (2248A), Office of 

Civil Enforcement, Office of 

Enforcement and Compliance 

Assurance, U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

(202) 564–2413. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 11, 2008, EPA issued 

the final Civil Monetary Penalty