15384 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations 

1Request of the United States Postal Service to 

Add Priority Mail Contract 5 to Competitive 

Product List and Notice of Establishment of Rates 

and Class Not of General Applicability, March 13, 

2009 (Request). 

ASF or BMC or for mail placed on an 

ASF, BMC, or SCF pallet under the 

option in 705.8.10.3. 

* * * * * 

300 Commercial Mail Flats 

301 Physical Standards 

* * * * * 

3.0 Physical Standards for 

Automation Flats 

* * * * * 

[Renumber 3.3 through 3.7 as new 3.4 

through 3.8, and add new 3.3 as 

follows:] 

3.3 Flats—Machine Compatibility 

Flat-size mailpieces meeting the 

standards in 1.0 and 3.0, but unable to 

meet the minimum flexibility standards 

described in 1.3, are not eligible for 

automation prices unless the mailpieces 

demonstrate flats-machine 

compatibility. Rigid flat-size mailpieces 

in paper, polywrap or similar packaging 

that allows for the pieces to be grasped 

and inducted into USPS flat-sorting 

equipment may qualify for automation 

prices when meeting the following 

standards: 

a. Mailpieces must be enclosed in 

envelopes or similar packaging capable 

of withstanding normal processing on 

USPS flat-sorting equipment. 

b. Mailpieces must be approved for 

automation flats pricing by the USPS. 

Mailers seeking approval for mailpieces 

under this standard must contact their 

local manager, business mail entry for 

instructions on submitting sample 

mailpieces to the Pricing and 

Classification Service Center (PCSC) 

(see 608.8.0 for address) for analysis and 

possible testing. Mailpieces having a 

previous approval from the PCSC for 

automation flats prices, granted after 

May 2007, are not required to be 

resubmitted for a new approval. These 

and all other approvals granted under 

3.3 expire in May 2010. 

c. Mailpieces approved for 

automation flats pricing under this 

standard must print the endorsement 

‘‘Automation Flat’’ directly under or to 

the left of the postage imprint. 

* * * * * 

302 Elements on the Face of a 

Mailpiece 

* * * * * 

4.0 Barcode Placement 

* * * * * 

4.6 Barcode in Address Block 

When the barcode is included as part 

of the address block: 

* * * * * 

[Revise 4.6d by adding a new last 

sentence as follows:] 

d. * * * Window envelopes also 

must meet the specifications in 601.6.3. 

* * * * * 

400 Commercial Parcels 

* * * * * 

460 Bound Printed Matter 

* * * * * 

465 Mail Preparation 

* * * * * 

5.0 Preparing Presorted Parcels 

5.1 Basic Standards 

5.1.1 General Preparation 

Requirements 

All mailings of Presorted Bound 

Printed Matter (BPM) are subject to 

these general standards: 

* * * * * 

[Revise item b as follows:] 

b. All pieces in a mailing must be 

within the same processing category. 

See 401.1.0 for definitions of 

machinable and irregular parcels. 

* * * * * 

470 Media Mail 

* * * * * 

475 Mail Preparation 

* * * * * 

5.0 Preparing Media Mail Parcels 

[Revise introductory paragraph of 5.1 

as follows:] 

5.1 Basic Standards 

All mailings of Presorted Media Mail 

are subject these general requirements: 

* * * * * 

[Revise item b as follows:] 

b. All parcels in a mailing must be 

within the same processing category. 

See 401.1.0 for definitions of 

machinable and irregular parcels. 

* * * * * 

480 Library Mail 

* * * * * 

485 Mail Preparation 

* * * * * 

5.0 Preparing Library Mail Parcels 

[Revise introductory paragraph of 5.1 

as follows:] 

5.1 Basic Standards 

All mailings of Presorted Library Mail 

are subject to these general standards: 

* * * * * 

[Revise item b as follows:] 

b. All pieces in a mailing must be 

within the same processing category. 

See 401.1.0 for definitions of 

machinable and irregular parcels. 

* * * * * 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. E9–7570 Filed 4–3–09; 8:45 am] 

BILLING CODE 7710–12–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket Nos. MC2009–21 and CP2009–26; 

Order No. 197] 

New Domestic Mail Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adding 

the Postal Service’s Priority Mail 

Contract 5 negotiated service agreement 

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 April 6, 2009 and is 

applicable beginning March 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 and 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

Regulatory History, 74 FR 12406 

(March 24, 2009). 

I. Background 

The Postal Service seeks to add a new 

product identified as Priority Mail 

Contract 5 to the Competitive Product 

List. For the reasons discussed below, 

the Commission approves the Request. 

On March 13, 2009, the Postal Service 

filed a formal request pursuant to 39 

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

to add Priority Mail Contract 5 to the 

Competitive Product List.1 The Postal 

Service asserts that the Priority Mail 

Contract 5 product is a competitive 

product ‘‘not of general applicability’’ 

within the meaning of 39 U.S.C. 

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

assigned Docket No. MC2009–21. 

The Postal Service 

contemporaneously filed a contract 

related to the proposed new product 

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

CFR 3015.5. The contract has been 

assigned Docket No. CP2009–26. 


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Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations 15385 

2Attachment A to the Request. The analysis that 

accompanies the Governors’ Decision notes, among 

other things, that the contract is not risk free, but 

concludes that the risks are manageable. 

3Attachment B to the Request. 

4Attachment C to the Request. 

5Attachment D to the Request. 

6Attachment E to the Request. 

7PRC Order No. 193, Notice and Order 

Concerning Priority Mail Contract 5 Negotiated 

Service Agreement, March 17, 2009 (Order No. 

193). 

8Public Representative Comments in Response to 

United States Postal Service Request to Add Priority 

Mail Contract 5 to Competitive Product List and 

Notice of Establishment of Rates and Class Not of 

General Applicability, March 25, 2009 (Public 

Representative Comments). 

In support of its Request, the Postal 

Service filed the following materials: (1) 

A redacted version of the Governors’ 

Decision authorizing the new product 

which also includes an analysis of 

Priority Mail Contract 5; 2 (2) a redacted 

version of the contract which, among 

other things, provides that the contract 

will expire 1 year from the effective 

date, which is proposed to be 1 day after 

the Commission issues all regulatory 

approvals; 3 (3) requested changes in the 

Mail Classification Schedule product 

list; 4 (4) a Statement of Supporting 

Justification as required by 39 CFR 

3020.32; 5 and (5) certification of 

compliance with 39 U.S.C. 3633(a).6

In the Statement of Supporting 

Justification, Mary Prince Anderson, 

Acting Manager, Sales and 

Communications, Expedited Shipping, 

asserts that the service to be provided 

under the contract will cover its 

attributable costs, make a positive 

contribution to coverage of institutional 

costs, and will increase contribution 

toward the requisite 5.5 percent of the 

Postal Service’s total institutional costs. 

Request, Attachment D, at 1. W. Ashley 

Lyons, Manager, Corporate Financial 

Planning, Finance Department, certifies 

that the contract complies with 39 

U.S.C. 3633(a). See id., Attachment E. 

The Postal Service filed much of the 

supporting materials, including the 

unredacted Governors’ Decision and the 

unredacted contract, under seal. In its 

Request, the Postal Service maintains 

that the contract and related financial 

information, including the customer’s 

name and the accompanying analyses 

that provide prices, terms, conditions, 

and financial projections, should remain 

confidential. Id. at 2–3. 

In Order No. 193, the Commission 

gave notice of the two dockets, 

appointed a public representative, and 

provided the public with an opportunity 

to comment.7

II. Comments 

Comments were filed by the Public 

Representative.8 No comments were 

submitted by other interested parties. 

The Public Representative states that the 

Postal Service’s filing complies with 

applicable Commission rules of practice 

and procedure, and concludes that the 

Priority Mail Contract 5 agreement 

comports with the requirements of title 

39. Id. at 4. He further states that the 

agreement appears to be beneficial to 

the general public. Id. at 1. 

The Public Representative believes 

that the Postal Service has provided 

adequate justification for maintaining 

confidentiality in this case. Id. at 2–3. 

He indicates that several contractual 

provisions are mutually beneficial to the 

parties and general public. Id. 

III. Commission Analysis 

The Commission has reviewed the 

Request, the contract, the financial 

analysis provided under seal that 

accompanies it, and the comments filed 

by the Public Representative. 

Statutory requirements. The 

Commission’s statutory responsibilities 

in this instance entail assigning Priority 

Mail Contract 5 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 Postal 

Accountability and Enhancement Act 

(PAEA) requirements. This includes, for 

proposed competitive products, a 

review of the provisions applicable to 

rates for competitive products. 39 U.S.C. 

3633. 

Product list assignment. In 

determining whether to assign Priority 

Mail Contract 5 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 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. Request, Attachment D, 

para. (d). The Postal Service also 

contends that it may not decrease 

quality or output without risking the 

loss of business to competitors that offer 

similar expedited delivery services. Id. 

It further states that the contract partner 

supports the addition of the contract to 

the Competitive Product List to 

effectuate the negotiated contractual 

terms. Id. at para. (g). Finally, the Postal 

Service states that the market for 

expedited delivery services is highly 

competitive and requires a substantial 

infrastructure to support a national 

network. It indicates that large carriers 

serve this market. Accordingly, the 

Postal Service states that it is unaware 

of any small business concerns that 

could offer comparable service for this 

customer. Id. at para. (h). 

No commenter opposes the proposed 

classification of Priority Mail Contract 5 

as competitive. Having considered the 

statutory requirements and the support 

offered by the Postal Service, the 

Commission finds that Priority Mail 

Contract 5 is appropriately classified as 

a competitive product and should be 

added to the Competitive Product List. 

Cost considerations. The Postal 

Service presents a financial analysis 

showing that Priority Mail Contract 5 

results in cost savings while ensuring 

that the contract covers its attributable 

costs, does not result in subsidization of 

competitive products by market 

dominant products, and increases 

contribution from competitive products. 

Based on the data submitted, the 

Commission finds that Priority Mail 

Contract 5 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 proposed Priority Mail 

Contract 5 indicates that it comports 

with the provisions applicable to rates 

for competitive products. 

The electronic files submitted in 

support of the Request did not include 

all supporting data. Future requests 

must provide all electronic files 

showing calculations in support of the 

financial models associated with the 

request. A failure to provide such 

information may delay resolution of 

requests in the future. 

Other considerations. The Postal 

Service shall promptly notify the 

Commission of the scheduled 

termination date of the agreement. If the 

agreement terminates earlier than 

anticipated, the Postal Service shall 


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15386 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations 

inform the Commission prior to the new 

termination date. The Commission will 

then remove the product from the Mail 

Classification Schedule at the earliest 

possible opportunity. 

In conclusion, the Commission 

approves Priority Mail Contract 5 as a 

new product. The revision to the 

Competitive Product List is shown 

below the signature of this order and is 

effective upon issuance of this order. 

IV. Ordering Paragraphs 

It is Ordered: 

1. Priority Mail Contract 5 (MC2009– 

21 and CP2009–26) is added to the 

Competitive Product List as a new 

product under Negotiated Service 

Agreements, Domestic. 

2. The Postal Service shall notify the 

Commission of the scheduled 

termination date and update the 

Commission if termination occurs prior 

to that date, as discussed in this order. 

3. 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 

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 


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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 


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