New Postal Product

Federal Register: July 1, 2009 (Volume 74, Number 125)

Rules and Regulations

Page 31374-31380

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr01jy09-10

POSTAL REGULATORY COMMISSION 39 CFR Part 3020

Docket Nos. MC2009-25, CP2009-30, CP2009-31, CP2009-32, CP2009-33 and

CP2009-34; Order No. 226

New Postal Product

AGENCY: Postal Regulatory Commission.

ACTION: Final rule.

SUMMARY: The Commission is adding the Postal Service's Priority Mail

Contract Group 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 of the law.

DATES: Effective July 1, 2009 and is applicable beginning June 19, 2009.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 202-789-6820 and stephen.sharfman@prc.gov.

SUPPLEMENTARY INFORMATION:

Regulatory History, 74 FR 26744 (June 3, 2009)

The Postal Service seeks to add a new product identified as

Priority Mail Contract Group to the Competitive Product List, or, in the alternative, add new products identified as Priority Mail Contract 6 through Priority Mail Contract 10 to the Competitive Product List.

For the reasons that follow, the Commission adds the contracts identified in Docket Nos. CP2009-30 through CP2009-34 to the

Competitive Product List as separate, new products.

  1. The Postal Service's Request

    On May 19, 2009, the Postal Service filed a formal request pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add a new product entitled Priority Mail Contract Group to the Competitive Product

    List.\1\ The Postal Service asserts that Priority Mail Contract Group is a competitive product ``not of general applicability'' within the meaning of 39 U.S.C. 3632(b)(3). Request at 1. The Request has been assigned Docket No. MC2009-25.

    \1\ Docket No. MC2009-25, Request of the United States Postal

    Service to Add Priority Mail Contract Group to Competitive Product

    List, May 19, 2009 (Request). In the alternative, the Commission construes the Postal Service's proposal as a request to add Priority

    Mail Contract 6 through Priority Mail Contract 10 to the Competitive

    Product List. See Order No. 217, Notice and Order Concerning

    Priority Mail Contract 6 through 10 Negotiated Service Agreements,

    May 26, 2009, at 4, n.5 (Order No. 217).

    The Postal Service contemporaneously filed five contracts

    Page 31375

    which it identifies as Priority Mail Contract 6, Priority Mail Contract 7, Priority Mail Contract 8, Priority Mail Contract 9, and Priority

    Mail Contract 10. These contracts have been assigned Docket Nos.

    CP2009-30 through CP2009-34, respectively. \2\ It believes these contracts are related to the proposed new product in Docket No. MC2009- 25.

    \2\ See Docket Nos. CP2009-30 through CP2009-34, Notice of

    Establishment of Rates and Class Not of General Applicability, May 19, 2009 (collectively cited as Notices).

    In support of its Request, the Postal Service filed the following materials: (1) A redacted version of the Governors' Decision

    ``authorizing management to negotiate [certain] contracts for Priority

    Mail service;'' (2) requested changes in the Mail Classification

    Schedule product list and accompanying Mail Classification Schedule language; (3) a redacted version of the Governors' analysis of the

    Priority Mail Contract Group; (4) a statement of supporting justification as required by 39 CFR 3020.32; and (5) a certification of compliance with 39 U.S.C. 3633(a).\3\ Substantively, the Request seeks to add Priority Mail Contract Group to the Competitive Product List.

    Request at 1-2.

    \3\ Attachment 1 to the Request consists of the redacted

    Decision of the Governors of the United States Postal Service on

    Establishment of Rates and Classes Not of General Applicability for

    Priority Mail Contract Group (Governors' Decision No. 09-6). The

    Governors' Decision includes two attachments. Attachment A shows the requested changes to the Mail Classification Schedule product list.

    Attachment B provides an analysis of the proposed Priority Mail

    Contract Group. Attachment 2 provides a statement of supporting justification for this Request. Attachment 3 provides the certification of compliance with 39 U.S.C. 3633(a).

    Redacted versions of five specific Priority Mail contracts are also included with the Request. Three of the contracts are for 3 years, one of the contracts is for 1 year, and the final contract is for 3 months.

    Depending on the contract, the effective dates are proposed to be either the day the Commission provides all necessary regulatory approvals or the following day.\4\ W. Ashley Lyons, Regulatory

    Reporting and Cost Analysis, Finance Department, certifies that all five contracts comply with 39 U.S.C. 3633(a). See Notices, Attachment

    B.

    \4\ The contracts in Docket Nos. CP2009-30, CP2009-31 and

    CP2009-34 become effective on the day the Commission issues all necessary regulatory approvals. The contracts in Docket Nos. CP2009- 32 and CP2009-33 become effective the day after the Commission issues all necessary regulatory approvals.

    In the Statement of Supporting Justification, Mary Prince Anderson,

    Manager, Sales and Communications, Expedited Shipping, asserts that the services to be provided under the proposed new product will cover their 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. Request, Attachment 2.

    Thus, Ms. Anderson contends there will be no issue of subsidization of competitive products by market dominant products as a result of the creation of this product. Id.

    The Postal Service filed much of the supporting materials, including the Governors' Decision and the specific Priority Mail contracts, under seal. In its Request, the Postal Service maintains that the contracts and related financial information, including the customer's name and the accompanying analyses that provide prices, terms, conditions, and financial projections should remain under seal.

    Request at 2; Notices at 2.

  2. Procedural History

    In Order No. 217, the Commission gave notice of the above-captioned dockets, offered certain preliminary observations on the Request and

    Notices, appointed a public representative, requested supplemental information, and provided the public with an opportunity to comment.

    Significantly, the Commission indicated that, in its view, Governors'

    Decision 09-6 could be used to satisfy the requirements of 39 CFR 3020.31(b) and 39 U.S.C. 3642 with regard to authorizing future

    Priority Mail contracts that might or might not be functionally equivalent to existing products. Order No. 217 at 4.

    On June 1, 2009, the Postal Service filed the supplemental information requested in Order No. 217.\5\ On June 5, 2009, the Public

    Representative filed comments.\6\ On June 8, 2009, the Postal Service and United Parcel Service (UPS) filed comments.\7\

    \5\ Notice of the United States Postal Service of Filing Under

    Seal of Response to Request for Supplemental Information in Order

    No. 217, June 1, 2009 (Response).

    \6\ Public Representative Comments in Response to Order No. 217,

    June 5, 2009 (Public Representative Comments).

    \7\ Comments of the United States Postal Service in Response to

    Order No. 217 (Postal Service Comments), and Comments of United

    Parcel Service in Response to Commission Order No. 217 (UPS

    Comments), both filed on June 8, 2009.

  3. Comments

    UPS comments. UPS argues that the proposed Priority Mail Contract

    Group product does not meet the Postal Accountability and Enhancement

    Act (PAEA) definition of the term ``product,'' and is inconsistent with

    Order No. 43's finding that every negotiated service agreement is a separate product unless the agreements are functionally equivalent to one another.\8\ It submits that for products to be functionally equivalent, they must have similar cost and market characteristics and be alike in all material respects. UPS Comments at 1-2.

    \8\ Docket No. RM2007-1, Order Establishing Ratemaking

    Regulations for Market Dominant and Competitive Products, October 29, 2007 (Order No. 43).

    UPS believes that the proposed Priority Mail Contract Group product is not limited to agreements that share the same cost and market characteristics. It believes that the length of time of the contract, whether the mailer or the Postal Service provides packaging as well as entry and preparation requirements, means that these contracts have very different cost characteristics. Moreover, because the shell classification only requires the cost coverage to fall within a specified range, shippers can qualify for contracts under the proposed product without regard to market similarities. Id. at 2-3.

    UPS also has a concern that the proposed Priority Mail Contract

    Group would undermine the effectiveness of the PAEA's safeguards-- grouping NSAs too broadly not only would diminish the Annual Compliance

    Report's value as a tool for achieving transparency, but also would undermine substantive ratemaking requirements, such as the requirement that each competitive product cover its attributable costs. It also believes that the effectiveness of pre-implementation review would be diminished due to the shortened timeframe for consideration of functionally equivalent agreements. In support of its position, UPS cites to Commission Order No. 26 in Docket No. RM2007-1.\9\ UPS

    Comments at 3-4.

    \9\ Docket No. RM2007-1, Order Proposing Regulations to

    Establish a System of Ratemaking, August 15, 2007 (Order No. 26).

    Public Representative Comments. The Public Representative's

    Comments focus on (1) the breadth of the proposed shell classification in Docket No. MC2009-25; (2) a concern that the Governors may be delegating too much of their authority to management with respect to the proposed shell classification in Docket No. MC2009-25; and (3) a concern about the lack of transparency and accountability with respect to the voting records of the Governors. Public Representative Comments at 2-9. He believes that creating a broad product category seemingly without functional constraint is contrary to the public interest and the intent of the PAEA. Id. at 10.

    Page 31376

    The Public Representative offers two recommendations to alleviate these concerns. First, he suggests that the Commission work with the

    Postal Service to define shell classifications in a ``somewhat narrower fashion'' so that there is some common element among the included contracts. Second, he recommends that broad shell classifications should be set to expire after a specified period of time. Id. at 9-10.

    Postal Service comments. The Postal Service claims that all five contracts share the cost and market characteristics of large, commercial Priority Mail customers. As such, it believes the agreements are functionally equivalent. The Postal Service references its Notices that identify the differences between the five agreements. For example, it states that proposed Priority Mail Contract 7 differs from Priority

    Mail Contract 6 only in regards to the negotiated prices, the postage payment method, and the provision of Priority Mail packaging. Postal

    Service Comments at 2. It characterizes these differences as ``minor,'' and argues that they do not rise to the level of differences in cost or market characteristics that would be expected at the product level. Id. at 1-2.

    The Postal Service does not believe that the scope of the classification established by the Governors is problematic, noting that it is less broad than Priority Mail service as a whole, which is one product. It contends that while the concept of functional equivalency was originally applied to negotiated service agreements to ensure similarly situated customers would be entitled to similar agreements with the Postal Service, those concerns are reduced significantly in the context of competitive products. Id. at 3-4.

    As a practical matter, the Postal Service explains that it has encountered difficulties in implementing contracts and maintaining customers in light of various uncertainties, including the lack of a statutory or regulatory timeline for proceedings filed under section 3642. It notes that ``even after negotiation, signature, and filing, the implementation date is not known when a section 3642 proceeding is required.'' Id. at 4. On the other hand, it argues that adding Priority

    Mail Contract Group to the product list will improve the ability of the

    Postal Service to plan with the customer for a smooth initiation and implementation of the contract terms on a known date. Id. at 4-5.

  4. Commission Analysis

    The Commission has reviewed the Postal Service's filings in Docket

    Nos. MC2009-25 and CP2009-30 through CP2009-34, the financial analysis provided under seal that accompanies it, the supplemental information filed by the Postal Service, and the comments filed by the Public

    Representative, the Postal Service, and UPS.

    Statutory requirements. The Commission's statutory responsibilities with respect to 39 U.S.C. 3642 in this instance entail (1) determining the appropriate scope of the proposed new product or products, and (2) assigning the proposed contracts to either the Market Dominant Product

    List or to the Competitive Product List. As part of this responsibility, the Commission also reviews the proposal for compliance with PAEA requirements. This includes, for proposed competitive products, a review of the provisions applicable to rates for competitive products. 39 U.S.C. 3633.

    Scope of the proposed product. The Postal Service is seeking to place on the Competitive Product List a product that would encompass all mailer-specific agreements for Priority Mail. The proposed requirements for that negotiated service agreement product entitled

    ``Priority Mail Contract Group'' are as follows: (1) The agreement must be for Priority Mail service, and (2) the cost coverage for the particular contract must fall within a specified, broad range. Request,

    Attachment 1 and Attachment A. The Public Representative and UPS argue that the scope of this proposed new product is too broad, and that classifying all five Priority Mail contracts at issue in this case (and future Priority Mail contracts satisfying the above criteria) as a single product is inappropriate. 39 U.S.C. 102(6) defines the term ``product'' as ``a postal service with a distinct cost or market characteristic for which a rate or rates are, or may reasonably be, applied[.]'' In Order No. 43, the Commission found, after providing the public with several rounds of notice and comment in a rulemaking proceeding, that each negotiated service agreement would be treated as a separate product except in very limited circumstances. Order No. 43, paras. 1003, 2177. With respect to these limited circumstances, the Commission stated that ``it may be appropriate to group functionally equivalent negotiated service agreements as a single product if it can be shown that they have similar cost and market characteristics.'' Id. para. 2177. After consideration of conflicting arguments from several commenters, the

    Commission found that this method of treating negotiated service agreements as separate products was an appropriate way to balance the

    PAEA's competing goals. The Commission noted:

    This treatment affords the Postal Service flexibility to enter into any special classification it wishes, but provides the necessary transparency to satisfy relevant business and regulatory needs. Absent the discipline that such accountability imposes, both the Postal Service and the Commission roles under the PAEA may be compromised. For example, the Postal Service may lack agreement- specific details on profitability of the agreement, while the

    Commission would be unable to assess whether the agreement complied with the statute.

    Order No. 26, para. 3079. Allowing negotiated service agreements to be placed into only a few products ``forfeits transparency and serves no legitimate business or regulatory need * * *[and] it will not provide for accountability, a bedrock principle underlying the PAEA.'' Id. para. 3070. In particular, as UPS notes, too broadly defining a product would diminish the effectiveness of the Commission's review of the

    Postal Service's annual compliance report since the Commission's annual compliance determination focuses on compliance at the product level.

    See 39 U.S.C. 3652(a)(1), 3653(b)(1).

    Negotiated service agreements may be treated as part of the same product, but only when they have similar cost and market characteristics. Although the Postal Service characterizes the differences between the contracts and contractual partner profiles as

    ``minor,'' the Commission is not persuaded that the differences are sufficiently minor as to allow treatment as a single product. The proposed ``Priority Mail Contract Group'' is too encompassing to ensure that the contracts have similar cost and market characteristics. The proposed Priority Mail Contract Group product would treat all Priority

    Mail contracts as one product so long as the anticipated cost coverage of each contract falls within a given, broad range. As UPS notes, no other qualifications apply.

    The proposed draft Mail Classification Schedule language states that:

    Each individual contract will specify the applicable rates, any postage payment methods required, whether any volume minimums apply, whether packaging is provided by the Postal Service, the length of the contract and any price adjustment mechanism, and any other customized terms or conditions applicable to the provision of

    Priority Mail service at the negotiated rates.

    Request at Attachment 1, Attachment A. Each of the five characteristics listed have potential cost and/or market implications. For example, as

    UPS points out, ``[a] contract that will be in effect for only the summer of 2009

    Page 31377

    would not have the same market or cost characteristics as contracts that will be in effect for all seasons of the year.'' UPS Comments at 2. Other criteria not identified in the proposed product description language that may have distinct cost and/or market characteristics include shape, weight, and dropshipping.

    The proposed catch-all provision allowing future contracts to contain ``any other customized terms or conditions'' is also problematic. It is so expansive as to be unknowable, but presumably would justify any Priority Mail piece meeting the cost coverage range to fall within the proposed product. This catch-all approach is far too wide-ranging to allow the Commission to conclude that there are similar cost characteristics in the potential contractual partners' mailing profiles.

    Additionally, if the Postal Service is suggesting that all contractual partners that use Priority Mail exhibit similar market characteristics, that contention has no support.\10\ The Commission does not view mailings with significantly different costs or mailings sent by mailers with different market characteristics as functionally equivalent, notwithstanding that their cost coverages are within a wide, given range.

    \10\ The Postal Service correctly points out that Priority Mail

    (dealing with rates of general applicability) is a broad, distinct product. However, a broad Priority Mail product of general applicability does not raise the same concerns, discussed above and in Order Nos. 26 and 43, as multiple mailer specific contracts

    ``expected'' to achieve a cost coverage target.

    For the reasons discussed above, the Postal Service's proposed

    Priority Mail Contract Group is too broad to be considered a single product. Below, the Commission addresses the contracts filed in Docket

    Nos. CP2009-30 through 34 to determine if the agreement should be placed on the product list as a separate product or if several of the agreements can be placed on the product list as one product on the basis of functional equivalency.

    Functional equivalence. The Postal Service contends that the four contracts are functionally equivalent to the one submitted in Docket

    No. CP2009-30 and that, accordingly, all should be grouped under the same product. Notices at 1; Postal Service Comments at 2. It appears to be implicitly arguing that the contracts share the same cost and market characteristics as the one submitted in Docket No. CP2009-30. See

    Postal Service Comments at 1-2. It points out that the differences between the contracts relate to negotiated prices, the postage payment method, the provision of packaging, the term of the contract, and mail entry requirements. Id. at 2 (citing Notices at 1). It characterizes these differences as ``minor.'' Id. The Commission has reviewed the five contracts and, for the same reasons that it found the Priority

    Mail Contract Group proposed product to be overbroad, finds that none of these contracts may be appropriately classified within the same product. Accordingly, these contracts will be treated as separate products (Priority Mail Contract 6 through Priority Mail Contract 10).\11\

    \11\ In contrast, the Commission has approved the grouping of several similar contracts within the same product in the international arena (although there may be distinctions between domestic and international services provided by the Postal Service which need to be taken into account). See, e.g., Docket Nos. CP2008- 11, 12, 13, 18-21, 23, 25; CP2009-1, 15, 16 (GEPS 1 Product); Docket

    Nos. CP2009-10, 11, 29 (Global Direct Product); Docket No. CP2009-10

    (Global Plus 1 Product); and Docket No. CP2009-17 (Global Plus 2

    Product).

    Timelines for review under 39 U.S.C. 3642. The Postal Service implies that the absence of a statutory or regulatory timeline for the

    Commission's review under 39 U.S.C. 3642 has contributed to

    ``difficulties in implementing contracts and maintaining customers[.]''

    \12\ The Postal Service correctly notes that proceedings under 39 CFR 3015.5 require at least 15 days' notice prior to the effective date, while 39 CFR 3020 subpart B proceedings do not have a definite timeframe. However, the Commission has consistently processed 39 CFR 3020 subpart B filings expeditiously. Since the first post-PAEA domestic competitive rate contract was filed, the Commission has issued its final decision in 39 CFR 3020 subpart B proceedings in an average of 21 days. Overall, the Commission's average review period for competitive contracts in section 3642 proceedings is 27 days. These timeframes undoubtedly could be shortened if the initial filings were fully supported by all relevant information. See, e.g., Docket Nos.

    MC2009-21 and CP2009-26, Order Concerning Priority Mail Contract 5

    Negotiated Service Agreement, March 30, 2009, at 6. (``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.'')

    \12\ Postal Service Comments at 4. The Postal Service does not contend that the absence of a statutory or regulatory timeline is the primary or even a significant factor in causing difficulties in implementing contracts and maintaining customers; instead it states that its difficulties are due to ``various uncertainties.'' Id.

    Taking into account these filings represent new products and that the public is entitled to a reasonable opportunity to comment on these proposals, the Commission's record demonstrates that it acts quickly on

    Postal Service requests to add new competitive negotiated service agreement products to the Competitive Product List. Moreover, while the

    Commission appreciates the Postal Service's desire to move quickly, it would appear that delay in implementation is often not due to

    Commission proceedings.

    For example, three of the five contracts filed in this case in May 2009 were countersigned by the Postal Service in February of 2009.\13\

    Additionally, the Governors' Decision associated with these agreements was issued at the end of April 2009, yet the contracts were not filed with the Commission for approval until 22 days later. Request,

    Attachment 1.

    \13\ Docket No. CP2009-30, Notice, Attachment A at 5 (signed by the Postal Service on February 17, 2009); Docket No. CP2009-31,

    Notice, Attachment A at 5 (signed by the Postal Service on February 25, 2009); and Docket No. CP2009-33, Notice, Attachment A at 5

    (signed by the Postal Service on February 4, 2009).

    As has been discussed in other contexts, the Commission and the

    Governors have different, complementary responsibilities. The

    Commission does recognize the Board of Governors' concerns in administering such agreements. As stated in Order No. 217, it is the

    Commission's view that Governors' Decision 09-6 may be used to authorize future Priority Mail agreements that satisfy the broad parameters set out in Governors' Decision 09-6. Based on the parameters of Governors' Decision 09-6, the Postal Service may seek to add future non-functionally equivalent Priority Mail contracts to the Competitive

    Product List by filing new, joint ``MC'' and ``CP'' dockets. Governors'

    Decision 09-6 would then satisfy the requirements of 39 CFR 3020.31(b) and 39 U.S.C. 3642. In those cases, however, the Postal Service still should file supporting justification as required by 39 CFR 3020.32 to justify the particular contract or group of contracts for that narrower product grouping.

    Product list assignment. In determining whether to assign Priority

    Mail Contract 6 through Priority Mail Contract 10 as products to the

    Market Dominant Product List or the Competitive Product List, the

    Commission must consider whether:

    Page 31378

    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 particular 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, for these contracts, 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 2, at 2. 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 shippers typically support the addition of their agreements to the product list to effectuate the negotiated contractual terms. Id. at 3. 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.

    No commenter opposes the proposed classification of Priority Mail

    Contract 6 through Priority Mail Contract 10 as competitive. Having considered the statutory requirement and the support offered by the

    Postal Service, the Commission finds that Priority Mail Contract 6,

    Priority Mail Contract 7, Priority Mail Contract 8, Priority Mail

    Contract 9, and Priority Mail Contract 10 are appropriately classified as competitive products and should be added to the Competitive Product

    List.

    Cost considerations. The Postal Service's filings seek to establish new domestic negotiated service agreement products using Priority Mail.

    The contracts are predicated on unit costs for major mail functions, e.g., window service, mail processing, and transportation, based on the shipper's mail characteristics. Governors' Decision, Attachment B.

    The Postal Service contends that its financial analysis shows that each of these five contracts cover its attributable costs, do not result in subsidization of competitive products by market dominant products, and increases contribution from competitive products. See

    Notices, Attachment B.

    Based on the data submitted and the comments received, the

    Commission finds that each of the five proposed Priority Mail contracts at issue in this case should cover its respective 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 the five proposed Priority Mail contracts at issue in this case indicates that each comports with the provisions applicable to rates for competitive products.

    Termination dates. The Postal Service shall promptly notify the

    Commission when each contract terminates, but no later than the actual termination date. The Commission will then remove the contract from the

    Mail Classification Schedule at the earliest possible opportunity.

    In conclusion, the Commission approves Priority Mail Contract 6

    (MC2009-25 and CP2009-30), Priority Mail Contract 7 (MC2009-25 and

    CP2009-31), Priority Mail Contract 8 (MC2009-25 and CP2009-32),

    Priority Mail Contract 9 (MC2009-25 and CP2009-33), and Priority Mail

    Contract 10 (MC2009-25 and CP2009-34) as new products. The revision to the Competitive Product List is shown below the signature of this Order and is effective upon issuance of the order.

  5. Ordering Paragraphs

    It is Ordered: 1. Priority Mail Contract 6 (MC2009-25 and CP2009-30), Priority

    Mail Contract 7 (MC2009-25 and CP2009-31), Priority Mail Contract 8

    (MC2009-25 and CP2009-32), Priority Mail Contract 9 (MC2009-25 and

    CP2009-33), and Priority Mail Contract 10 (MC2009-25 and CP2009-34) are added to the Competitive Product List as new products under Negotiated

    Service Agreements, Domestic. 2. The Postal Service shall notify the Commission of the termination date of each contract filed in Docket Nos. CP2009-30,

    CP2009-31, CP2009-32, CP2009-33, and CP2009-34 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. 0

    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 0 1. The authority citation for part 3020 continues to read as follows:

    Authority: 39 U.S.C. 503; 3622; 3631; 3642; 3682. 0 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

    Page 31379

    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

    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)

    Priority Mail Contract 6 (MC2009-25 and CP2009-30)

    Priority Mail Contract 7 (MC2009-25 and CP2009-31)

    Priority Mail Contract 8 (MC2009-25 and CP2009-32)

    Priority Mail Contract 9 (MC2009-25 and CP2009-33)

    Priority Mail Contract 10 (MC2009-25 and CP2009-34

    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)

    Page 31380

    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. E9-15469 Filed 6-30-09; 8:45 am

    BILLING CODE 7710-FW-P

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