858 Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Rules and Regulations 

Likewise, the FTC is not adding new 

adjustments for other statutory civil 

penalty amounts that have been enacted 

since the last adjustments, such as the 

Energy Independence and Security Act 

of 2007 section 814(a). This authority is 

too recent to warrant adjustments for 

inflation. Similarly, the FTC is not 

adjusting section 1115(a) of the 

Medicare Prescription Drug 

Improvement and Modernization Act of 

2003 because the amount of inflation 

since the inception of this authority is 

insufficient to warrant adjustment. 

In light of the ministerial nature of the 

adjustments, the public comment 

requirements of the Administrative 

Procedure Act (APA) do not apply to 

this action. 5 U.S.C. 553(b)(B) 

(exception when public comment is 

unnecessary). For this reason, the 

requirements of the Regulatory 

Flexibility Act also do not apply. 5 

U.S.C. 603 and 604 (no regulatory 

flexibility analyses required where the 

APA does not require public comment). 

List of Subjects for 16 CFR Part 1 

Administrative practice and 

procedure, Penalties, Trade practices. 

■ For the reasons set forth in the 

preamble, the Federal Trade 

Commission amends Title 16, chapter I, 

subchapter A, of the Code of Federal 

Regulations, as follows: 

PART 1—GENERAL PROCEDURES 

Subpart L—Civil Penalty Adjustments 

Under the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

Amended by the Debt Collection 

Improvement Act of 1996 

■ 1. The authority citation for subpart L 

continues to read as follows: 

Authority: 28 U.S.C. 2461 note. 

■ 2. Revise § 1.98 introductory text, 

paragraphs (a) through (e), (l) and (m) 

and add paragraph (n) to read as 

follows: 

§ 1.98 Adjustment of civil monetary 

penalty amounts. 

This section makes inflation 

adjustments in the dollar amounts of 

civil monetary penalties provided by 

law within the Commission’s 

jurisdiction. The following civil penalty 

amounts apply to violations occurring 

after February 9, 2009. 

(a) Section 7A(g)(1) of the Clayton 

Act, 15 U.S.C. 18a(g)(1)—$16,000; 

(b) Section 11(l) of the Clayton Act, 15 

U.S.C. 21(l)—$7,500; 

(c) Section 5(l) of the FTC Act, 15 

U.S.C. 45(l)—$16,000; 

(d) Section 5(m)(1)(A) of the FTC Act, 

15 U.S.C. 45(m)(1)(A)—$16,000; 

(e) Section 5(m)(1)(B) of the FTC Act, 

15 U.S.C. 45(m)(1)(B)—$16,000; 

* * * * * 

(l) Sections 525(a) and (b) of the 

Energy Policy and Conservation Act, 42 

U.S.C. 6395(a) and (b), respectively— 

$7,500 and $16,000, respectively; 

(m) Section 621(a)(2) of the Fair 

Credit Reporting Act, 15 U.S.C. 

1681s(a)(2)—$3,500; and 

(n) Civil monetary penalties 

authorized by reference to the Federal 

Trade Commission Act under any other 

provision of law within the jurisdiction 

of the Commission—refer to the 

amounts set forth in paragraphs (c), (d), 

(e) and (f) of this section, as applicable. 

By direction of the Commission. 

Richard C. Donohue, 

Acting Secretary. 

[FR Doc. E9–210 Filed 1–8–09: 8:45 am] 

[BILLING CODE 6750–01–S] 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Parts 1910, 1915, 1917, 1918 

and 1926 

[Docket No. OSHA–2008–0031] 

RIN 1218–AC42 

Clarification of Employer Duty To 

Provide Personal Protective 

Equipment and Train Each Employee 

AGENCY: Occupational Safety and Health 

Administration (OSHA), U.S. 

Department of Labor. 

ACTION: Final rule; correction. 

SUMMARY: OSHA is correcting an error 

in the final rule published in the 

Federal Register on December 12, 2008, 

clarifying employers’ duty to provide 

personal protective equipment and to 

train each employee. 

DATES: Effective January 12, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Contact Ms. Jennifer Ashley, Director, 

Office of Communications, OSHA, U.S. 

Department of Labor, Room N–3647, 

200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–1999 or fax (202) 693–1634. 

SUPPLEMENTARY INFORMATION: On 

December 12, 2008 (73 FR 75568), 

OSHA issued a final rule entitled 

‘‘Clarification of Employer Duty To 

Provide Personal Protective Equipment 

and Train Each Employee.’’ 

Subsequently, an error was discovered 

in the amendatory language of that 

Federal Register notice. This notice is 

being published to correct that language. 

Correction of Publication 

In FR Doc. E8–29122 appearing on 

page 75568 in the Federal Register of 

Friday, December 12, 2008, the 

following correction is made: 

§ 1926.1101 [Corrected] 

■ On page 75589, in the first column, 

Subpart Z, item 44, the instruction ‘‘In 

section 1926.1101, paragraphs (h)(1) 

introductory text, (h)(2), and (k)(9)(i) are 

revised to read as follows:’’ is corrected 

to read ‘‘In section 1926.1101, 

paragraphs (h)(1) introductory text, 

(h)(2)(i), and (k)(9)(i) are revised to read 

as follows’’: 

Signed at Washington, DC, this 6th day of 

January 2009. 

Thomas M. Stohler, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. E9–311 Filed 1–8–09; 8:45 am] 

BILLING CODE 4510–26–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket Nos. MC2009–7 and R2009–1; Order 

No. 163] 

International Mail Contracts 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adding 

the Canada Post Bilateral Agreement for 

Inbound Market Dominant Services to 

the Market Dominant 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 9, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 and 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: Regulatory 

History, 73 FR 70682 (November 21, 

2008). 

The Postal Service seeks to add a new 

product identified as Canada Post— 

United States Postal Service Contractual 

Bilateral Agreement for Inbound Market 

Dominant Services (Bilateral Agreement 

or Agreement) to the Market Dominant 

Product List. For the reasons discussed 

below, the Commission approves the 

Request. 

I. Background 

On November 13, 2008, the Postal 

Service filed a request pursuant to 39 


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1Request of the United States Postal Service to 

Add Canada Post—United States Postal Service 

Contractual Bilateral Agreement for Inbound Market 

Dominant Services to the Market Dominant Product 

List, Notice of Type 2 Rate Adjustment, and Notice 

of Filing Agreement (Under Seal), November 13, 

2008 (Request). 

2Type 2 rate adjustments involve negotiated 

service agreements. See 39 CFR 3010.5. 

3To elaborate, the Bilateral Agreement covers 

Letter Post, including letters, flats, packets, 

containers, and International Registered Mail 

service ancillary thereto, and Canada Post’s 

Xpresspost, which consists of documents and 

packages containing merchandise. Request at 3. 

4The Postal Service indicates that the materials 

filed under seal constitute a subset of the 

overarching agreement between the parties. 

Although unstated, presumably the subset 

represents the parties’ agreement concerning 

inbound market dominant services. The Postal 

Service further indicates that the parties anticipate 

finalizing ‘‘this and related agreements by midDecember, and any lingering details will not affect 

the rates, classification, or other fundamental basis 

for this Request and Notice.’’ Id. at 3, n.4. 

5PRC Order No. 133, Notice and Order 

Concerning Bilateral Agreement with Canada Post 

for Inbound Market Dominant Services, November 

18, 2008 (Order No. 133). 

6Response of United States Postal Service to 

Chairman’s Information Request No.1 and Notice of 

Filing of Responsive Materials (Under Seal) 

December 8, 2008 (Response to CIR No. 1). 

7Public Representative Comments in Response to 

United States Postal Service Request to Add Canada 

Post—United States Postal Service Contractual 

Bilateral Agreement for Inbound Market Dominant 

Services to the Market Dominant Product List, 

Notice of Type 2 Rate Adjustment, and Notice of 

Filing Agreement (Under Seal), December 3, 2008 

(Public Representative Comments). 

8Request at 10. See Docket No. RM2007–1, 

Commission Order No. 43, Order Establishing 

Ratemaking Regulations for Market Dominant and 

Competitive Products, October 29, 2007, para. 4003 

Continued 

U.S.C. 3622(c)(10) and 3642, and 39 

CFR 3010.40 et seq. and 3020.30 et seq. 

to add the Bilateral Agreement to the 

Market Dominant Product List.1 This 

Request has been assigned Docket No. 

MC2009–7. 

The Postal Service 

contemporaneously filed notice that the 

Governors have authorized a Type 2 rate 

adjustment to establish rates for 

inbound market dominant services as 

reflected in the Bilateral Agreement.2

More specifically, the Bilateral 

Agreement, which has been assigned 

Docket No. R2009–1, governs the 

exchange of inbound air and surface 

Letter Post (LC/AO) and Xpresspost 

from Canada.3

The Request includes two 

attachments. Attachment 1 sets forth 

proposed Mail Classification Schedule 

language; Attachment 2 provides a 

Statement of Supporting Justification as 

required by 39 CFR 3020.32. In 

addition, the Postal Service indicates 

that it filed an unredacted copy of the 

Agreement and supporting materials 

under seal. Id. at 2, n.2. 

In the Statement of Supporting 

Justification, Lea Emerson, Executive 

Director, International Postal Affairs, 

reviews the factors of section 3622(c) 

and concludes, inter alia, that the 

revenues generated will cover the 

attributable costs of the services offered 

under the Bilateral Agreement; that the 

rates are preferable to default rates set 

by the Universal Postal Union (UPU); 

and that the rates represent a modest 

increase over those reflected in the 

existing bilateral agreement with 

Canada Post. Id., Attachment 2, at 2–4. 

In its Request, the Postal Service 

provides information responsive to part 

3010, subpart D of the Commission’s 

rules. To that end, it addresses the 

requirements of section 3622(c)(10) as 

well as certain details of the negotiated 

service agreement. Id. at 2–7. The Postal 

Service asserts that the Bilateral 

Agreement satisfies all applicable 

statutory criteria. Id. at 7–8. 

The Postal Service filed much of the 

supporting materials, financial analysis, 

and specific Bilateral Agreement under 

seal. Id. at 2, n.2. The Postal Service 

maintains that the Bilateral Agreement 

and related financial information should 

remain under seal as they contain 

pricing, cost, and other information that 

is highly confidential.4 Id. at 2. 

The Postal Service has an existing 

bilateral agreement with Canada Post 

which is set to expire December 31, 

2008. Id. at 8. This instant Agreement 

represents a one-year extension of the 

existing agreement, with some 

modifications. It has a planned effective 

date of January 1, 2009. Id. at 3. The 

Postal Service urges the Commission to 

act promptly to allow the rates to be 

implemented under 39 CFR 3010.40. Id. 

at 8. 

In Order No. 133, the Commission 

gave notice of the two dockets, 

appointed a public representative, and 

provided the public an opportunity to 

comment.5 Pursuant to 39 CFR 3015.6, 

Chairman’s Information Request No. 1 

(CIR No. 1) was filed December 1, 2008, 

regarding cost information with a 

response due from the Postal Service by 

December 8, 2008. The Postal Service 

filed its information on December 8, 

2008, as requested.6

II. Comments 

Comments were filed by the Public 

Representative.7 No filings were 

submitted by other interested parties. 

The Public Representative’s comments 

focus principally on confidentiality and 

pricing under the Agreement. Public 

Representative Comments at 2–4. 

The Public Representative states that 

a sufficient rationale for maintaining the 

confidentiality of the documents under 

seal has been provided by the Postal 

Service. He notes that performance 

benchmarks for both parties provide 

incentive to Canada Post and the Postal 

Service to make improvements to 

services. Id. at 3. He also observes that 

the Postal Service indicates that the 

rates of the Bilateral Agreement provide 

a modest increase over the current 

bilateral agreement with Canada Post. 

Id. Based on his review at the filing, the 

Public Representative indicates that the 

Agreement is in compliance with the 

requirements of 39 U.S.C. 3622 and 

3642. 

III. Commission Analysis 

The Commission has reviewed the 

Agreement, supporting information, the 

financial analysis provided under seal 

that accompanies it, responses to the 

Chairman’s Information Request and the 

comments filed by the Public 

Representative. 

Statutory requirements. The 

Commission’s statutory responsibilities 

in this instance entail assigning the 

Bilateral Agreement 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. For market 

dominant products this includes a 

review of the section 3622(c)(10). 39 

U.S.C. 3633. 

Product list assignment. In 

determining whether to assign the 

Bilateral 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 notes the 

determination was made in Order No. 

43 that shipments of single-piece Letter 

Post were assigned to the market 

dominant category.8 The Postal Service 


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assigning Inbound Single-Piece First Class Mail 

International to First Class Mail (Order No. 43). 

9 Xpresspost—USA is a shipping service that 

provides fast, guaranteed delivery at a lower cost 

than a courier to every address in the United States, 

including post office boxes. 

10 Differences in shape and cube-related costs also 

are not captured. 

11The Postal Service estimated the unit volumevariable cost of delivery confirmation service in 

Docket No. R2006–1. See testimony of witness 

Berkeley (USPS–T–39). 

also represents that Canadian law 

allows Canada Post an exclusive 

privilege to carry outbound letters 

weighing less than 500 grams (17.64 

ounces). Its belief is that Canada Post is 

generally dominant in the market for 

letters not within its exclusive privilege, 

making Canada Post the single entity 

that can enter into this type of 

agreement with the Postal Service. 

Request at 5. The Postal Service 

contends that its monopoly on inbound 

letters from Canada within certain price 

and weight limits make it fairly certain 

that private entities would not be able 

to serve the United States market for 

inbound Letter Posts from Canada in 

accordance with this agreement. Id. 

The Postal Service also contends that 

there is no significant competition in 

this market. As a result, it believes the 

Bilateral Agreement does not pose 

competitive harm to the marketplace. Id. 

at 6. It states the ‘‘marketplace’’ has a 

long-term history of accommodation of 

agreements between the United States 

and Canada Post for these services since 

such agreements have been used by both 

postal administrations for inbound 

single-piece Letter Post since 1888. Id. 

The Postal Service asserts that the 

parties to this Agreement serve as their 

respective countries’ designated entities 

for the exchange of mail, inclusive of 

Letter Post, under rules set by the UPU. 

Id. at 5. According to the Postal Service, 

under the UPU guidelines, designated 

operators would normally compensate 

each other for the delivery of Letter Post 

in compliance with terminal dues set by 

the UPU, unless a bilateral agreement 

between the parties existed. Id. It 

represents that no other entities are 

subject to terminal dues with regard to 

inbound Letter Post from Canada, and 

the market for these services under the 

Agreement is limited to these parties. 

Therefore, the Postal Service concludes 

that there can be no reasonable 

expectation of any competitive harm to 

the marketplace. Id. at 5–6. 

The Postal Service’s Request presents 

the Commission with an issue of first 

impression concerning the classification 

of inbound Letter Post. As currently 

configured, inbound Letter Post 

combines both competitive and market 

dominant elements. 

Under the UPU, inbound Letter Post 

is identified by type of transportation as 

either Air Letters and Cards (Air LC) or 

Surface All Other (Surface AO). As the 

names suggest, Air LC consists of letters 

and cards while Surface AO consists of 

flats, packets, bags, and containers. All 

Air LC and Surface AO mail must weigh 

less than 2 kilograms (approximately 4.4 

pounds). For purposes of the negotiated 

Bilateral Agreement, however, Air LC 

includes Xpresspost from Canada, 

which may weigh up to 30 kilograms 

(approximately 67 pounds). 

Xpresspost exhibits characteristics of 

a competitive product. Canada Post 

advertises Xpresspost as a lower cost 

alternative to private courier service.9

Xpresspost is also described as the 

fastest parcel service into the United 

States from Canada after Next Business 

Day USA—Priority Worldwide. Once 

presented to the Postal Service, inbound 

Xpresspost is processed and handled as 

Priority Mail. Both as a service offering 

and in operational terms, Xpresspost 

appears to parallel domestic Priority 

Mail. 

These features suggest that inbound 

Letter Post from Canada should be 

classified as two separate products, one 

market dominant (Air LC and Surface 

AO) and the other competitive 

(Xpresspost). To classify Xpresspost as a 

competitive product would require the 

Commission to find that Xpresspost 

exhibits distinct costs and market 

characteristics. At this time, the Postal 

Service is unable to provide separate 

cost data or market data for Xpresspost 

and Air LC. In future filings, the Postal 

Service will be expected to develop the 

necessary cost and market data to 

permit a definitive determination on the 

appropriate classification of Xpresspost 

as either a market dominant or 

competitive product. 

No commenter opposes the proposed 

classification of the Bilateral Agreement 

as market dominant. Having considered 

the statutory requirements and the 

support offered by the Postal Service, 

the Commission finds, for purposes of 

this proceeding, that the Canada PostUnited States Postal Service Contractual 

Bilateral Agreement for Inbound Market 

Dominant Services may be classified as 

a market dominant product and added 

to the Market Dominant Product List. 

Cost considerations. The Postal 

Service’s filing seeks to establish a new 

international mail product. The 

Agreement provides delivery and 

scanning performance objectives and 

incentives to promote operational 

improvement. The Agreement’s new 

rates are to be effective January 1, 2009. 

Request at 3–4. Additionally, 

performance responsibilities include 

Canada Post’s work sharing 

arrangements, including presorting 

items to a 3-digit delivery ZIP Code 

level and providing transportation for 

inbound airmail items to multiple Postal 

Service International Service Centers for 

acceptance. Id. at 4. 

The Postal Service filed information 

under seal regarding financial 

improvements, costs, volumes, and 

anticipated revenues. The Postal Service 

represents that the new Agreement 

‘‘includes performance-based incentives 

to promote cost reduction, increase 

efficiency, and improve service 

performance.’’ Id., Attachment 2, at 2. 

The requirements of 39 U.S.C. 

3622(c)(10) obligate the Commission, 

when reviewing a negotiated service 

agreement, to determine whether such 

an agreement (1) Improves the net 

financial position of the Postal Service 

or enhances the performance of 

operational functions; (2) will not cause 

unreasonable harm to the marketplace; 

and (3) will be available on public and 

reasonable terms to similarly situated 

mailers. 

With respect to the first requirement, 

the Postal Service uses system average 

cost for inbound Air Letters and Cards 

(Air LC) for inbound Letter Post from 

Canada. However, this mail includes 

‘‘Xpresspost,’’ a Canada Post product 

that is equivalent to the Postal Service’s 

domestic Priority Mail. Xpresspost 

weighs up to 30 kilograms (67 pounds). 

The Postal Service’s system average cost 

for Air LC reflects the cost for mail 

weighing up to 4.4 pounds per piece. 

Thus, it is not likely that the system 

average cost for Air LC captures the cost 

of these much heavier weight items.10

For weight-related costs, Xpresspost 

will be substantially more expensive 

than the average Air LC piece because 

the average weight of Xpresspost is 

significantly greater than of Air LC. 

Additionally, the Postal Service 

writes that ‘‘Xpresspost items receive a 

Delivery Confirmation scan’’ while Air 

LC items do not receive such a scan. 

Chairman’s Information Request No. 1, 

Question 7(a). The Postal Service also 

maintains that ‘‘Canada Post’s higher 

per-item rate reflects this value-added 

service for its Xpresspost product.’’ Id. 

However, the Postal Service does not 

include the cost of Delivery 

Confirmation scans for Xpresspost in its 

financial model. Rather, the Postal 

Service uses the systemwide average 

unit costs for Air LC. The most recent 

estimate of unit volume-variable cost of 

delivery confirmation service is 

approximately 8.8 cents.11


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For these reasons, the costs may be 

understated. Because there is a lack of 

Xpresspost specific costs, however, the 

Commission cannot state with certainty 

the cost coverage level. For purposes of 

this proceeding, the Commission 

accepts the Postal Service 

representations. In future filings, the 

Commission expects the Postal Service 

to provide unit delivery, transportation, 

and ‘‘other’’ costs for Xpresspost to 

permit a more complete evaluation of 

the cost coverage. 

The Postal Service asserts that the 

instant Agreement will not result in 

unreasonable harm to the marketplace 

because, among other things, ‘‘Canada 

Post is the only entity in a position to 

avail itself of an agreement with the 

Postal Service of this type and scope.’’ 

Request at 5. Moreover, because Canada 

Post and the Postal Service are their 

respective countries’ designated 

operators for the exchange of mail, the 

Postal Service states that the market is 

limited to these parties. Under the 

circumstances presented in this 

proceeding, the Commission finds that 

Agreement will not result in 

unreasonable harm to the marketplace. 

The Postal Service also asserts that no 

entities are similarly situated to Canada 

Post because none has the ability to 

tender Letter Post from Canada under 

similar conditions or to serve as the 

designated operator for Letter Post 

originating from Canada. Id. at 7–8. 

Thus, the Postal Service suggests that 

the ‘‘similarly situated mailer’’ criterion 

of section 3622(c)(10) is inapplicable to 

this Bilateral Agreement. Id. at 8. Given 

its narrow characterization of the 

underlying Agreement, the Postal 

Service’s position is correct. For 

purposes of this proceeding, the 

Commission concludes that it would be 

largely an academic exercise to consider 

whether a broader characterization 

should be employed. 

Based on the data submitted and the 

comments received, the Commission 

finds that the Bilateral Agreement 

comports with section 3622(c)(10). 

Thus, an initial review of the proposed 

Bilateral Agreement indicates that it 

comports with the provisions applicable 

to rates for market dominant products. 

The Postal Service shall promptly 

notify the Commission if the Agreement 

terminates earlier than the proposed 

one-year term, but no later than the 

actual termination date. The 

Commission will then remove the 

Agreement from the Mail Classification 

Schedule at the earliest possible 

opportunity. 

In conclusion, the Commission 

approves the Canada Post—United 

States Postal Service contractual 

Bilateral Agreement for Inbound Market 

Dominant Services as a new product. 

The revision to the Market Dominant 

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. Canada Post—United States Postal 

Service Contractual Bilateral Agreement 

for Inbound Market Dominant Services 

(MC2009–7 and R2009–1) is added to 

the Market Dominant Product List as a 

new product under Negotiated Service 

Agreements International. 

2. The Postal Service shall notify the 

Commission if the Agreement 

terminates earlier than the proposed 

one-year term. 

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 

(MC2009–7 and R2009–1) 

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] 


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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 

[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. E9–177 Filed 1–8–09; 8:45 am] 

BILLING CODE 7710–FW–P 


yshivers on PROD1PC62 with RULES