Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations 15387 

[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 

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 Contract 3 (MC2009–15 and 

CP2009–21) 

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) 

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) 

Outbound International 

Global Direct Contracts (MC2009–9, 

CP2009–10, and CP2009–11) 

Global Expedited Package Services (GEPS) 

Contracts 

GEPS 1 (CP2008–5, CP2008–11, CP2008– 

12, and CP2008–13, CP2008–18, 

CP2008–19, CP2008–20, CP2008–21, 

CP2008–22, CP2008–23, and CP2008–24) 

Global Plus Contracts 

Global Plus 1 (CP2008–9 and CP2008–10) 

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

CP2008–17) 

Inbound International 

Inbound Direct Entry Contracts With 

Foreign Postal Administrations 

(MC2008–6, CP2008–14 and CP2008–15) 

International Business Reply Service 

Competitive Contract 1 (MC2009–14 and 

CP2009–20) 

Competitive Product Descriptions 

Express Mail 

[Reserved for Group Description] 

Express Mail 

[Reserved for Product Description] 

Outbound International Expedited Services 

[Reserved for Product Description] 

Inbound International Expedited Services 

[Reserved for Product Description] 

Priority 

[Reserved for Product Description] 

Priority Mail 

[Reserved for Product Description] 

Outbound Priority Mail International 

[Reserved for Product Description] 

Inbound Air Parcel Post 

[Reserved for Product Description] 

Parcel Select 

[Reserved for Group Description] 

Parcel Return Service 

[Reserved for Group Description] 

International 

[Reserved for Group Description] 

International Priority Airlift (IPA) 

[Reserved for Product Description] 

International Surface Airlift (ISAL) 

[Reserved for Product Description] 

International Direct Sacks—M-Bags 

[Reserved for Product Description] 

Global Customized Shipping Services 

[Reserved for Product Description] 

International Money Transfer Service 

[Reserved for Product Description] 

Inbound Surface Parcel Post (at non-UPU 

rates) 

[Reserved for Product Description] 

International Ancillary Services 

[Reserved for Product Description] 

International Certificate of Mailing 

[Reserved for Product Description] 

International Registered Mail 

[Reserved for Product Description] 

International Return Receipt 

[Reserved for Product Description] 

International Restricted Delivery 

[Reserved for Product Description] 

International Insurance 

[Reserved for Product Description] 

Negotiated Service Agreements 

[Reserved for Group Description] 

Domestic 

[Reserved for Product Description] 

Outbound International 

[Reserved for Group Description] 

Part C—Glossary of Terms and Conditions 

[Reserved] 

Part D—Country Price Lists for International 

Mail [Reserved] 

[FR Doc. E9–7680 Filed 4–3–09; 8:45 am] 

BILLING CODE 7710–FW–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 232 

[Docket No. FRA–2004–17529; Notice No. 

7] 

RIN 2130–AB94 

Adjustments to the Minimum and 

Maximum Civil Monetary Penalties for 

Violations of Federal Railroad Safety 

Laws or Federal Railroad 

Administration Safety Regulations; 

Correction 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Correcting amendment. 

SUMMARY: On December 30, 2008, FRA 

published a final rule, pursuant to two 

statutes, which increased the minimum, 

ordinary maximum, and aggravated 

maximum civil monetary penalty it may 

apply when assessing a civil penalty for 

a violation of a railroad safety statute or 

regulation under its authority. (73 FR 

79698). In preparing that final rule for 

publication, an error was made: FRA 

instructed that the numerical amount 

‘‘$16,000’’ be removed from footnote 1 

of appendix A to 49 CFR part 232 of the 

final rule and the numerical amount 

‘‘$25,000’’ be added in its place. The 

instruction should have directed the 

removal of the numerical amount 

‘‘$11,000’’ and the addition of 

‘‘$25,000’’ in its place. 

DATES: The correction to the final rule 

is effective on April 6, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen N. Gordon, Trial Attorney, 

Office of Chief Counsel, FRA, 1200 New 

Jersey Avenue, SE., Mail Stop 10, 

Washington, DC 20590 (telephone 202– 

493–6001), stephen.n.gordon@dot.gov. 

SUPPLEMENTARY INFORMATION: An error 

was included in the final rule published 

on December 30, 2008. (73 FR 79698). 

FRA failed to account for an October 16, 

2008 amendment to footnote 1 in 

appendix A to part 232. The October 16, 

2008 amendment inadvertently changed 

the total ordinary maximum civil 

penalty amount normally assessed per 

day for two or more violations within a 


pwalker on PROD1PC71 with RULES
15388 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations 

1The Carmack amendment to the Interstate 

Commerce Act was passed in 1906 as part of the 

Hepburn Act, ch. 5391, 34 Stat. 584. It established 

uniform liability procedures for goods transported 

in interstate commerce. Its terms are now found at 

49 U.S.C. 14706. 

single unit of equipment from 

‘‘$16,000’’ to ‘‘$11,000’’. (73 FR 61512). 

As background, on September 6, 2007, 

FRA adjusted the ordinary maximum 

civil monetary penalty pursuant to the 

requirements of the Federal Civil 

Penalties Inflation Adjustment Act of 

1990. (72 FR 51194). As part of this 

inflation adjustment to the ordinary 

maximum civil monetary penalty, FRA 

amended footnote 1 to appendix A in 

part 232 by increasing the ordinary 

maximum civil monetary penalty to 

‘‘$16,000’’. As a result, footnote 1 read, 

in pertinent part, ‘‘[g]enerally, when two 

or more violations of these regulations 

are discovered with respect to a single 

unit of equipment that is placed or 

continued in service by a railroad, the 

appropriate penalties set forth above are 

aggregated up to a maximum of $16,000 

per day.’’ (72 FR 51197). 

The October 16, 2008 amendment was 

part of a broader change in part 232 that 

was not focused on changing the 

inflation adjustment to the ordinary 

maximum civil monetary penalty for 

violations within that part. The October 

16, 2008 amendment instituted FRA’s 

new regulations for electronically 

controlled pneumatic (ECP) brake 

systems. In the process of promulgating 

the new ECP brake systems rules, FRA 

unintentionally removed the correct 

numerical amount ‘‘$16,000’’ and reinserted the superseded numerical 

amount ‘‘$11,000’’ in its place. (73 FR 

61556–57). 

FRA’s December 30, 2008 adjustment 

of the ordinary maximum civil 

monetary penalty directed that the 

numerical amount ‘‘$16,000’’, which 

was no longer included in the text of 

footnote 1, be removed and replaced by 

the numerical amount ‘‘$25,000’’. The 

final rule published on December 30, 

2008 should have instructed that the 

numerical amount ‘‘$11,000’’ be 

removed and the numerical amount 

‘‘$25,000’’ be added in its place. FRA is 

correcting this minor error so that the 

final rule clearly conforms to FRA’s 

intent. 

List of Subjects in 49 CFR Part 232 

Penalties, Railroad safety, Reporting 

and recordkeeping requirements. 

The Final Rule 

■ In accordance with the foregoing, 49 

CFR part 232, chapter II, subtitle B of 

title 49, Code of Federal Regulations is 

corrected by making the following 

correcting amendment: 

PART 232—[AMENDED] 

■ 1. The authority citation for part 232 

continues to read as follows: 

Authority: 49 U.S.C. 20102–20103, 20107, 

20133, 20141, 20301–20303, 20306, 21301– 

21302, 21304; 28 U.S.C. 2461, note; and 49 

CFR 1.49. 

Appendix A to Part 232—[AMENDED] 

■ 2. Footnote 1 to appendix A of part 

232 is amended by removing the 

numerical amount ‘‘$11,000’’ and 

adding in its place the numerical 

amount ‘‘$25,000’’. 

Issued in Washington, DC, on March 19, 

2009. 

Jo Strang, 

Acting Deputy Administrator, Federal 

Railroad Administration. 

[FR Doc. E9–7566 Filed 4–3–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 373 

[Docket No. FMCSA–1997–2290] 

RIN 2126–AA25 

General Jurisdiction Over Freight 

Forwarder Service 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) amends 

its regulations to require all surface 

freight forwarders to issue a receipt or 

bill of lading on each shipment for 

which they arrange transportation of 

freight by commercial motor vehicle in 

interstate commerce. This regulatory 

change implements amendments 

enacted in the ICC Termination Act of 

1995 (ICCTA). While the current rule 

concerning receipts or bills of lading 

applies only to household goods freight 

forwarders, the new rule applies to both 

household goods and non-household 

goods freight forwarders. 

DATES: Effective May 6, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Miller, Telephone: (202) 366– 

5370, E-mail address: 

FMCSAregs@dot.gov. 

Availability of Rulemaking Documents 

For access to docket FMCSA–1997– 

2290 to read background documents and 

comments received, go to http:// 

www.regulations.gov at any time or to 

U.S. Department of Transportation, 

Room W12–140, 1200 New Jersey Ave., 

SE., Washington, DC 20590, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of DOT’s dockets by 

the name of the individual submitting 

the comment (or signing the comment, 

if submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477). This statement is also available 

at http://www.regulations.gov. 

SUPPLEMENTARY INFORMATION: 

I. Legal Basis for the Rulemaking 

This final rule is based on the 

authority of the ICCTA (Pub. L. 104–88, 

109 Stat. 803, Dec. 29, 1995). The 

ICCTA gave the Secretary of 

Transportation (Secretary) general 

jurisdiction over all freight forwarder 

service involving transportation in 

interstate commerce under 49 U.S.C. 

13531. Under 49 U.S.C. 13301(a), the 

Secretary is authorized to issue 

regulations to carry out the provisions of 

the ICCTA applicable to motor carriers, 

brokers, and freight forwarders. 

Under 49 U.S.C. 14706(a), motor 

carriers and freight forwarders 

providing transportation or service 

subject to the Secretary’s jurisdiction 

must issue a receipt or bill of lading for 

property received for transportation. 

These entities are liable for loss of, or 

damage to, the property described in the 

receipt or bill of lading. 

The statutory requirement to provide 

a receipt or bill of lading was 

implemented in order for claimant 

parties (shippers) to make a prima facie 

case against motor carriers and freight 

forwarders under the Carmack 

amendment.1 A receipt or bill of lading 

provides evidence that goods were 

delivered to the carrier or freight 

forwarder. If goods are damaged, the 

receipt or bill of lading can specify the 

monetary value of the cargo, i.e., the 

loss resulting from damage. 

Part 370 of title 49, Code of Federal 

Regulations (CFR) (formerly 49 CFR part 

1005), sets forth the principles and 

practices for the investigation and 

voluntary disposition of claims for loss, 

damage, injury, or delay to cargo 

handled by motor carriers and freight 

forwarders. It implements the Carmack 

amendment, as does 49 CFR part 373 

pertaining to the issuance of receipts 

and bills of lading by motor carriers and 

freight forwarders. 


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