Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 26789 

final rule amending the Department of 

Veterans Affairs (VA) regulation 

regarding the Servicemembers’ Group 

Life Insurance traumatic injury 

protection (TSGLI) program. The 

amendment was necessary in order to 

add losses that would be covered under 

the program and to define terms that are 

relevant to these new losses. The final 

rule also clarifies existing language in 

the regulation and reorganizes several 

existing provisions. 

DATES: Effective Date: June 4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Jeanne King, Attorney-Advisor, 

Department of Veterans Affairs Regional 

Office and Insurance Center (310/290B), 

P.O. Box 8079, Philadelphia, 

Pennsylvania 19101, (215) 842–2000, 

ext. 4839 (This is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: An 

interim final rule amending VA’s 

regulation regarding the added losses to 

the TSGLI program, the clarification of 

existing language, and the 

reorganization of certain provisions was 

published in the Federal Register on 

November 26, 2008 (73 FR 71926). 

We provided a 30-day comment 

period that ended on December 26, 

2008. No comments were received. 

Based on the rationale set forth in the 

interim final rule, we now adopt the 

interim final rule as a final rule without 

change. 

Administrative Procedure Act 

This document, without change, 

affirms the amendment made by the 

interim final rule that is already in 

effect. The Secretary of Veterans Affairs 

concluded that, under 5 U.S.C. 

553(b)(3)(B), there was good cause to 

dispense with the opportunity for prior 

comment with respect to this rule. The 

Secretary found that it was 

impracticable, unnecessary, and 

contrary to the public interest to delay 

this regulation for the purpose of 

soliciting prior public comment. 

Nevertheless, the Secretary invited 

public comment on the interim final 

rule but did not receive any comments. 

The amendment was consistent with the 

priorities established by Congress and 

was needed on an expedited basis 

because the prior version of the 

regulation would have precluded VA 

from providing a TSGLI payment for the 

other losses that the agency had 

determined should be added as a 

covered benefit under the program. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in an 

expenditure by the State, local, and 

tribal governments, in the aggregate, or 

by the private sector, of $100 million or 

more (adjusted annually for inflation) in 

any given year. This final rule will have 

no such effect on State, local, and tribal 

governments, or on the private sector. 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). The 

Executive Order classifies a ‘‘significant 

regulatory action,’’ requiring review by 

the Office of Management and Budget 

(OMB) unless OMB waives such review, 

as any regulatory action that is likely to 

result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

The economic, interagency, 

budgetary, legal, and policy 

implications of this final rule have been 

examined and it has been determined to 

be a significant regulatory action under 

the Executive Order because it is likely 

to result in a rule that may raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

Paperwork Reduction Act 

This document expands the collection 

of information under the Paperwork 

Reduction Act (44 U.S.C. 3501–3521) 

(the Act). Accordingly, under section 

3507(d) of the Act, VA submitted a copy 

of the amended TSGLI form (titled 

Application for TSGLI Benefits Form) to 

OMB for its review of the proposed 

collection of information concurrent 

with the publication of the interim final 

rule. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601 et seq. The rule will 

directly affect only individuals and will 

not directly affect small entities. 

Therefore, pursuant to 5 U.S.C. 605(b), 

this final rule is exempt from the initial 

and final regulatory flexibility analyses 

requirements of sections 603 and 604. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance Program number and title for 

this rule is 64.103, Life Insurance for 

Veterans. 

List of Subjects in 38 CFR Part 9 

Life insurance, Military personnel, 

Veterans. 

Approved: May 19, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

PART 9—SERVICEMEMBERS’ GROUP 

LIFE INSURANCE AND VETERANS’ 

GROUP LIFE INSURANCE 

■ Accordingly, the interim final rule 

amending 38 CFR part 9, which was 

published at 73 FR 71926 on November 

26, 2008, is adopted as a final rule 

without change. 

[FR Doc. E9–13097 Filed 6–3–09; 8:45 am] 

BILLING CODE 8320–01–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket Nos. MC2009–24, CP2009–28; Order 

No. 218] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

The Commission is adding the Postal 

Service’s Royal Mail Inbound Air Parcel 

Post Agreement 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 June 4, 2009 and is 

applicable beginning May 29, 2009. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov. 

26790 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 

1Request of the United States Postal Service to 

Add Royal Mail Inbound Air Parcel Post Agreement 

to the Competitive Products List and Notice of 

Filing (Under Seal) Contract and Enabling 

Governors’ Decision, April 21, 2009 (Request). 

2Attachment 1 to the Request. 

3Attachment 2 to the Request. 

4Attachment 3 to the Request. 

5Attachment 4 to the Request. 

6PRC Order No. 207, Notice and Order 

Concerning Royal Mail Inbound Air Parcel Post 

Negotiated Service Agreement, April 27, 2009 

(Order No. 207). 

7Notice of United States Postal Service of Filing 

Revised Information Under 39 CFR 3015.5(c)(1), 

May 12, 2009 (Revised Notice). 

8 Inward land rates are charges posts pay each 

other for delivery of incoming parcels. The Postal 

Service indicates that inward land rates are based 

on a rate formula prescribed by the UPU’s Postal 

Operations Council. Alternatively, countries may 

negotiate rates with other UPU members. Id. at 2, 

n.1. 

9Public Representative Comments in Response to 

United States Postal Service Request To Add Royal 

Mail Inbound Air Parcel Post Agreement to the 

Competitive Product List, May 5, 2009 (Public 

Representative Comments). 

10Comments of Express Delivery and Logistics 

Association Pursuant to PRC Order 207, May 5, 

2009 (XLA Comments). 

11Reply of the United States Postal Service to 

Comments by the Express Delivery and Logistics 

Association in Response to Order No. 207, May 6, 

2009 (Postal Service Reply Comments). 

12Final Reply of XLA to Reply by the United 

States Postal Service Pursuant to XLA’s Comments 

Pursuant to PRC Order 207, May 7, 2009 (XLA 

Reply Comments). XLA also filed an accompanying 

Motion of Express Delivery and Logistics 

Association for Late Acceptance of Comments on 

United States Postal Service Reply to XLA 

Comments on Order 207, May 7, 2009. The motion 

is granted. 

13Public Representative Comments in Reply to 

the United States Postal Service Notice of Filing 

Revised Information Under 39 CFR 3015.5(c)(1), 

May 20, 2009 (Public Representative Reply 

Comments). The Public Representative filed an 

accompanying Motion of the Public Representative 

for Late Acceptance of Reply to the United States 

Postal Service’s Notice of Filing Revised 

Information Under 39 CFR 3015.5(c)(1), May 20, 

2009. The motion is granted. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 and 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

On April 21, 2009, the Postal Service 

filed a formal request pursuant to 39 

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

to add the Royal Mail Inbound Air 

Parcel Post Agreement (Agreement) to 

the Competitive Product List.1 The 

Postal Service asserts that the Governors 

have established a price and 

classification ‘‘not of general 

applicability’’ within the meaning of 39 

U.S.C. 3632(b)(3). Id. at 1. This Request 

has been assigned Docket No. MC2009– 

24. 

The Postal Service 

contemporaneously filed the Agreement 

related to the proposed new product 

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

CFR 3015.5. Id. The Agreement has been 

assigned Docket No. CP2009–28. 

In support of its Request, the Postal 

Service filed the following materials: (1) 

A statement of supporting justification 

as required by 39 CFR 3020.32; 2 (2) 

Governors’ Decision No. 09–5 

authorizing the new product which 

includes a certification of the vote, 

requested changes in the Mail 

Classification Schedule (MCS) product 

list, an analysis of the Agreement, a 

certification of compliance with 39 

U.S.C. 3633(a); 3 and (3) a redacted 

version of the Agreement.4 An 

additional certification of compliance 

with 39 U.S.C. 3633(a) is included to 

reflect changes in the estimated amount 

of inward land rate payments in 2010 

due to revisions to the payment 

structure under the Universal Postal 

Union’s Parcel Post Regulations that 

will become effective on January 1, 

2010.5 Substantively, the Request seeks 

to add the Royal Mail Inbound Air 

Parcel Post Agreement to the 

Competitive Product List. Id. at 1–2. 

In the statement of supporting 

justification, Giselle Valera, Executive 

Director, Global Finance and Business 

Analysis, asserts that the service to be 

provided under the Agreement will 

cover its attributable costs, make a 

positive contribution to institutional 

costs, and increase contribution toward 

the requisite 5.5 percent of the Postal 

Service’s total institutional costs. Id., 

Attachment 1. Thus, Ms. Valera 

contends there will be no issue of 

subsidization of competitive products 

by market dominant products as a result 

of this Agreement. Id. W. Ashley Lyons, 

Manager, Corporate Financial Planning, 

Finance Department, certifies that the 

Agreement complies with 39 U.S.C. 

3633(a). See id., Attachment C. 

The Postal Service filed much of the 

supporting materials, including the 

unredacted Governors’ Decision and the 

unredacted Agreement, under seal. In its 

Request, the Postal Service maintains 

that portions of the Agreement with 

prices, terms and conditions along with 

related financial information, and 

portions of the accompanying analyses 

that provide prices, or financial 

projections, should remain confidential. 

Id. at 2–3. 

In Order No. 207, the Commission 

gave notice of the two dockets, 

appointed a public representative, and 

provided the public with an opportunity 

to comment.6

On May 12, 2009, the Postal Service 

filed revised information relating to two 

changes that occurred subsequent to the 

filing of its Request.7 The first change 

corrects certain discrepancies in 

Transportation Cost Systems (TRACS) 

data filed by the Postal Service in 

Docket No. ACR2008. In the FY 2008 

Annual Compliance Determination, the 

Commission found minor discrepancies 

in the TRACS data used to distribute FY 

2008 highway transportation costs to a 

few international products. Revised 

Notice at 1–2. On April 30, 2009, the 

Postal Service filed corrected data in 

Library Reference USPS–FY08–NP37 in 

Docket No. ACR2008, explaining that 

the discrepancies were inadvertent. 

The second change concerns a 

reduction in the inward land rates 

applicable for Universal Postal Union 

(UPU) air parcels tendered by foreign 

posts to the United States beginning on 

July 1, 2009.8 The reduction is due to 

the denial of a bonus payment to the 

Postal Service for the delivery of 

inbound UPU parcels starting July 1, 

2009. The Postal Service believes that 

the denial is in error and is appealing 

it. In the interim, however, the Postal 

Service revised financial information 

showing effects of the reduced inward 

land rates. 

The Postal Service concludes that the 

revised financial information does not 

adversely affect the cost coverage of the 

Royal Mail Agreement and the 

Agreement is still in compliance with 

all applicable statutory and regulatory 

requirements. Id. at 3. 

II. Comments 

Comments were filed by the Public 

Representative,9 and Express Delivery 

and Logistics Association (XLA).10 The 

Postal Service filed a reply to the 

comments of XLA,11 and XLA filed 

reply comments to the Postal Service 

comments.12 The Public Representative 

filed reply comments to the revised 

Notice filed by the Postal Service.13

The Public Representative states that 

the Postal Service’s filing complies with 

applicable Commission rules of practice 

and procedure, and concludes that the 

Royal Mail Inbound Air Parcel Post 

Agreement comports with the 

requirements of title 39. Public 

Representative Comments at 1 and 4. 

The Public Representative determines 

that the Postal Service has provided 

adequate justification for maintaining 

confidentiality in this case. Id. at 3. He 

also states that the Agreement appears 

beneficial to the general public. Id. at 1. 

The Public Representative also 

commented on the Postal Service’s 

revised information, concluding that the 

instant Agreement appears to have more 

than adequate cost coverage. Public 

Representative Reply Comments at 2. As 

Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 26791 

14See Public Representative Comments at 2. 

15 In Docket No. RM2007–1, the Commission 

previously accepted and considered comments from 

multiple parties (XLA included) on the 

categorization of classes of products, including 

outbound international mail. See PRC Order No. 43, 

Order Establishing Ratemaking Regulations For 

Market Dominant and Competitive Products, 

October 29, 2007. In that docket, XLA argued that 

outbound and inbound international mail should be 

categorized as competitive. Id. at 85. 

a result, he maintains that the 

Agreement appears to be in compliance 

with 39 U.S.C. 3633. 

XLA’s comments focus on section 

407(e)(2) of title 39 regarding 

application of customs laws to 

shipments of competitive products by 

the Postal Service and similar 

shipments by private companies. XLA 

Comments at 1. XLA contends that the 

Postal Service has singular customs 

advantages for all international mail. It 

objects to adding the Royal Mail 

Inbound Air Parcel Post Agreement to 

the Competitive Products List. Id. XLA 

requests that the Commission reject the 

Postal Service request until a single 

customs clearance process has been 

adopted or, alternatively, condition 

approval of the request on Postal 

Service using the commercial custom 

clearance process applicable to 

competing inbound international parcel 

delivery services. Id. at 2. 

In its reply, the Postal Service 

contends that XLA raises similar claims 

to those filed by International Transit 

Solutions, Inc. to Order No. 141 

regarding Docket No. MC2009–10. 

Postal Service Reply Comments at 1. It 

argues that the Commission has 

previously ruled that such comments 

(relative to customs issues) are outside 

the scope of the rate and classification 

proceedings. Id. at 1–2. Further, the 

Postal Service incorporates by reference 

its previous responses to the comments 

made by International Transit Solutions 

and, in addition, argues that this 

proceeding does not implicate customs 

procedures. Id. at 3. 

In its reply to the Postal Service, XLA 

contends that its comments are 

distinguishable from its earlier 

comments since it has not cited any 

regulatory advantages attributed to the 

Postal Service in the instant case. XLA 

Reply Comments at 1. XLA takes issue 

with Postal Service comments that 

section 407(e)(2) is being implemented 

and offers its view that the PAEA ‘‘has 

interconnected parts [which] must be 

applied evenly and simultaneously as 

written’’. Id. at 2. 

III. Commission Analysis 

The Commission has reviewed the 

Request, the Agreement, the financial 

analysis filed under seal, and the 

comments filed by all parties. 

Statutory requirements. The 

Commission’s statutory responsibilities 

in this instance entail assigning the 

Royal Mail Inbound Air Parcel Post 

Agreement to either the Market 

Dominant Product List or 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 the Royal 

Mail Inbound Air Parcel Post Agreement 

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 or decrease 

service without the risk of losing 

volume to private companies. It 

indicates that if it increases prices, it 

risks losing inbound United Kingdomorigin volume to a private competitor in 

the international shipping industry. 

Request, Attachment 1, 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 

international parcel delivery services. 

Id. It further states that this Agreement 

has been classified as competitive 

because of its exclusion from the letter 

monopoly and the level of competition 

in the relevant market. Id. 

The Postal Service notes that even 

though some incoming parcels subject 

to this Agreement may contain letters, 

the prices paid under the Agreement are 

six times the rate for the first ounce of 

a First-Class Mail letter and are 

expected to weigh more than 12.5 

ounces. Id. at para. (e). It also remarks 

that the Royal Mail Group and its 

customers find the terms and conditions 

of the Agreement satisfactory since it is 

aware of competitors offering similar 

services. Id. at para. (g). The Postal 

Service states that the market for 

expedited delivery services is highly 

competitive and the addition of the 

Agreement should have minimal if any 

impact on small business concerns. It 

observes that Royal Mail’s small 

business customers will have an 

additional option for shipping articles to 

the United States and small businesses 

in this country will benefit from being 

able to receive shipments from the 

United Kingdom. Therefore, the Postal 

Service concludes the net impact on 

small business should be positive. Id. at 

para. (h). 

The Public Representative supports 

the proposed classification of Royal 

Mail Inbound Air Parcel Post Agreement 

as a competitive product. Public 

Representative Reply Comments at 1. 

As noted above, XLA opposes adding 

the instant Agreement to the 

Competitive Product List on the grounds 

that the Postal Service receives 

preferential customs clearance 

processing. XLA Comments at 1. The 

issue raised by XLA is beyond the scope 

of this proceeding. The issues presented 

by the Postal Service’s filing are 

whether the proposed Agreement is 

consistent with the policies of sections 

3632, 3633, and 3642 of title 39.14 The 

issue raised by XLA does not implicate 

changes to the Mail Classification 

Schedule. 

Having considered the statutory 

requirements, the support offered by the 

Postal Service, and all comments, the 

Commission finds that the Royal Mail 

Inbound Air Parcel Post Agreement is 

appropriately classified as a competitive 

product and should be added to the 

Competitive Product List.15

Cost considerations. The Postal 

Service presents a financial analysis 

showing that Royal Mail Inbound Air 

Parcel Post results in cost savings while 

ensuring that the Agreement 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 the Royal Mail 

Inbound Air Parcel Post 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 

26792 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 

(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 Royal 

Mail Inbound Air Parcel Post Agreement 

indicates that it comports with the 

provisions applicable to rates for 

competitive products. 

Other considerations. The Postal 

Service shall promptly notify the 

Commission of the termination date of 

the Agreement. If the Agreement 

terminates earlier than anticipated, the 

Postal Service shall 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 the Royal Mail Inbound Air 

Parcel Post Agreement 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. 

It is Ordered: 

1. Royal Mail Inbound Air Parcel Post 

Agreement (MC2009–24 and CP2009– 

28) is added to the Competitive Product 

List as a new product under Priority 

Mail, Inbound Air Parcel Post. 

2. The Postal Service shall notify the 

Commission of the scheduled 

termination date and update the 

Commission if the termination date 

occurs prior to that date, as discussed in 

this Order. 

3. 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, 

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 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 

Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Rules and Regulations 26793 

[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 

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 & 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. E9–13046 Filed 6–3–09; 8:45 am] 

BILLING CODE 7710–FW–P 

NATIONAL SCIENCE FOUNDATION 

45 CFR Part 681 

RIN 3145–AA50 

Program Fraud Civil Remedies Act 

AGENCY: National Science Foundation. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

the Program Fraud Civil Remedies Act 

of 1986 (PFCRA), which authorizes NSF 

to impose, through administrative 

adjudication, civil penalties and 

assessments against any person who 

makes, submits, or presents, or causes to 

be made, submitted, or presented, a 

false, fictitious, or fraudulent claim or 

written statement to the agency. The 

regulations establish the procedures that 

NSF will follow in implementing 

PFCRA, and specify the hearing and 

appeal rights of persons subject to 

penalties and assessments under 

PFCRA. 

DATES: Effective Date: These regulations 

are effective July 6, 2009. 

FOR FURTHER INFORMATION CONTACT: Eric 

S. Gold, Assistant General Counsel, 

Office of the General Counsel, National 

Science Foundation, 4201 Wilson 

Boulevard, Room 1265, Arlington, 

Virginia 22230, Telephone: 703–292– 

8060. 

SUPPLEMENTARY INFORMATION: 

Background 

In October 1986, Congress enacted the 

Program Fraud Civil Remedies Act, 

Public Law 99–509 (codified at 31 

U.S.C. 3801–3812) to establish an 

administrative remedy against any