International Mail, 48613-48614 [E9-22862]

Download as PDF Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices Fracture Toughness Requirements for Protection Against Pressurized Thermal Shock Events (10 CFR 50.61a) (RIN 3150–A101) (Tentative). This meeting will be Webcast live at the Web address—https://www.nrc.gov. 9:30 a.m. Periodic Briefing on New Reactor Issues—Progress in Resolving Inspections, Tests, Analysis, and Acceptance Criteria (ITAAC) Closure (Public Meeting). (Contact: Debby Johnson, 301–415–1415.) This meeting will be Webcast live at the Web address—www.nrc.gov. Week of September 28, 2009—Tentative Tuesday, September 29, 2009 1:30 p.m. NRC All Employees Meeting (Public Meeting), Marriott Bethesda North Hotel, 5701 Marinelli Road, Rockville, MD 20852. NRC’s Disability Program Coordinator, Rohn Brown, at 301–492–2279, TDD: 301–415–2100, or by e-mail at rohn.brown@nrc.gov. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. * * * * * This notice is distributed electronically to subscribers. If you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301–415–1969), or send an e-mail to darlene.wright@nrc.gov. Dated: September 17, 2009. Rochelle C. Bavol, Office of the Secretary. [FR Doc. E9–23025 Filed 9–21–09; 4:15 pm] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket No. CP2009–57; Order No. 281] Wednesday, September 30, 2009 9:30 a.m. Discussion of Management Issues (Closed—Ex. 2). International Mail Week of October 5, 2009—Tentative There are no meetings scheduled for the week of October 5, 2009. SUMMARY: The Commission is adding Inbound International Expedited Services 2 to the Competitive Product List. This action is consistent with changes in a recent law governing postal operations. DATES: Effective September 23, 2009 and is applicable beginning August 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 37739 (July 29, 2009). ACTION: Week of October 12, 2009—Tentative There are no meetings scheduled for the week of October 12, 2009. mstockstill on DSKH9S0YB1PROD with NOTICES Week of October 19, 2009—Tentative There are no meetings scheduled for the week of October 19, 2009. Week of October 26, 2009—Tentative There are no meetings scheduled for the week of October 26, 2009. * * * * * *The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings, call (recording)—(301) 415–1292. Contact person for more information: Rochelle Bavol, (301) 415–1651. * * * * * The NRC Commission Meeting Schedule can be found on the Internet at: https://www.nrc.gov/about-nrc/policymaking/schedule.html. * * * * * The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. braille, large print), please notify the VerDate Nov<24>2008 17:06 Sep 22, 2009 Jkt 217001 Postal Regulatory Commission. Notice AGENCY: I. Introduction II. Background III. Comments IV. Commission Analysis V. Ordering Paragraphs I. Introduction The Postal Service proposes a change in rates not of general applicability for Inbound International Expedited Services 2. For the reasons discussed below, the Commission approves the Postal Service’s proposal. II. Background On July 28, 2009, the Postal Service filed a notice announcing changes in rates not of general applicability for Inbound International Expedited Services 2 effective January 1, 2010.1 1 Notice of the United States Postal Service of Filing Changes in Rates Not of General Applicability, July 28, 2009 (Notice). PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 48613 The Postal Service attached a redacted copy of the 2010 rates and a certified statement establishing compliance with 39 U.S.C. 3633 and 39 CFR 3015.5(c)(2) to the Notice as Attachments 1 and 2, respectively. Id. at 2. The Postal Service also submitted as Attachment 3 a listing of countries in each pricing tier and incorporated by reference the description of Inbound International Expedited Services 2 contained in its supporting documentation filed in Docket Nos. MC2009–10 and CP2009– 12. The Postal Service submitted the rates, related financial information, and certified statement required by 39 CFR 3015.5(c)(2) under seal. The Notice states that in Docket No. MC2009–10, the Governors established prices and classifications not of general applicability for Inbound Express Mail International (EMS). W. Ashley Lyons, Manager, Regulatory Reporting and Cost Analysis, Finance Department certifies that the prices are in compliance with the price floor and ceiling formulas set forth in Governors’ Decision No. 08–20 and 39 U.S.C. 3633(a). See id., Attachment 2. In Order No. 162, the Commission added Inbound International Expedited Services 2 to the Competitive Product List as a new product under Express Mail, Inbound International Expedited Services.2 The rates took effect on January 1, 2009. In accordance with the provisions of the EMS Cooperative of the Universal Postal Union (UPU), rates for the delivery of inbound Express Mail International must be communicated to the UPU by August 31 of the year before which they are to take effect. As a member of the EMS Cooperative, the Postal Service may not change its rates for the coming year after August 31. In Order No. 162, the Commission raised concerns with filing these rates with the Commission after August 31, even though they do not take effect until January 1 of the following year. The Commission indicated that if a product is found to violate the Postal Accountability and Enhancement Act (PAEA), e.g., does not satisfy section 3633(a)(2), the Postal Service may be without a suitable remedy until the rate change is permitted for the following year. Id. at 9. The Commission, therefore, appreciates the Postal Service’s filing the 2010 rates well in advance of the August 31, 2009 UPU deadline. In its Notice, the Postal Service indicates that the rates to take effect in 2 See Docket Nos. MC2009–10 and CP2009–12, Order Adding Inbound International Expedited Services 2 to Competitive Product List, December 31, 2008 (Order No. 162). E:\FR\FM\23SEN1.SGM 23SEN1 48614 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 2010 are divided into two tiers.3 Tier one applies to postal operators with a performance level agreement, such as EMS Pay-for-Performance Plan participants and Kahala Posts Group members. Tier two applies to all other postal operators that transmit EMS to the United States. Notice at 2–3. The Postal Service provided a listing of countries in each tier, noting that this list may be subject to change on January 1, 2010. Id. at 3 and Attachment 3. The Postal Service states that the China Post Group, whose inbound EMS rates were established by a bilateral agreement approved by the Commission in Docket Nos. CP2008–6 and CP2008– 7, is expected to join Tier 1. Id. at 3. The parties have agreed that the bilateral agreement will expire at the end of the 1-year term. Id. The Postal Service maintains that the rates, related financial information, and certain portions of the certified statement required by 39 CFR 3015.5(c)(2), should remain under seal. Id. at 4. In Order No. 271, the Commission gave notice of the docket, appointed a Public Representative, requested supplemental information pursuant to 39 CFR 3015.6, and provided the public an opportunity to comment.4 The Postal Service submitted responses to the Commission’s request for supplemental information on August 10, 2009.5 In Order No. 271, among other things, the Commission requested the Postal Service to provide supplemental information including the 2010 EMS Pay-for-Performance Plan. The Postal Service response indicated this information was not yet available. On August 12, 2009, Chairman’s Information Request No. 1 (CHIR No. 1) was issued requesting the 2009 EMS Pay-for-Performance Plan by August 14, 2009. On August 13, 2009, the Postal Service provided its response to CHIR No. 1 under seal. mstockstill on DSKH9S0YB1PROD with NOTICES III. Comments Comments were filed by the Public Representative.6 No other interested 3 The Postal Service states it expects that all members of the EMS Cooperative will participate in the Pay-for-Performance Plan. Therefore, the former three-tier rate structure is now consolidated into two tiers. 4 Notice and Order Concerning Filing of Changes in Rates for Inbound International Expedited Services 2, August 4, 2009 (Order No. 271). 5 Response of the United States Postal Service to Order No. 271, Notice of Filing Requested Materials Filed Under Seal, August 10, 2009. 6 Public Representative Comments in Response to United States Postal Service Notice of Filing Changes for Inbound International Expedited Services 2, August 13, 2009 (Public Representative Comments). The Public Representative filed an accompanying Motion of the Public Representative VerDate Nov<24>2008 17:06 Sep 22, 2009 Jkt 217001 parties submitted comments. The Public Representative states that each element of 39 U.S.C. 3633(a) appears to be met by the proposed Inbound International Expedited Services 2 rate proposal. Id. at 2. He further states that the Postal Service has provided adequate justification for maintaining confidentiality in this case. Id. at 2–3. The Public Representative observes that the rates have been filed in a timely manner for the Commission’s review and to permit notification to the UPU prior to the effective date. Additionally, he notes that the instant notice provides a current projection based upon the most recent information available and that the participation of the other postal administrations in the pricing structure may be subject to change. Id. at 4–5. The Public Representative concludes that the Notice comports with 39 CFR 3015, 39 U.S.C. 3632 and 3642. IV. Commission Analysis The Commission has reviewed the Notice, the supplemental information, and the comments filed by the Public Representative. Statutory requirements. Planned price changes for competitive products are reviewed pursuant to 39 U.S.C. 3633(a) and Commission regulations under 39 CFR 3015, which implements section 3633. In brief, these statutory and regulatory provisions require each competitive product to cover its attributable costs (39 U.S.C. 3633(a)(2)), prohibit the subsidization of competitive products by market dominant products (39 U.S.C. 3633(a)(1)), and require that competitive products collectively make an appropriate contribution to the recovery of the Postal Service’s total institutional costs. Based on the information provided, the Commission finds that the proposed rates cover attributable costs, 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, a preliminary review of the proposed rates indicate that the rates comport with the provisions applicable to rates for competitive products. Other considerations. The Postal Service is directed to provide the Commission with the 2010 EMS Pay-forPerformance Plan once it is approved by the EMS Cooperative of the UPU. for Late Acceptance of Comments in Response to United States Postal Service Notice of Filing Changes for Inbound International Expedited Services 2, August 13, 2009. The motion is granted. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 Based on the record in this proceeding, the Commission finds that the proposed rates for Inbound International Expedited Services 2 are in accord with the relevant statutory and regulatory requirements of 39 U.S.C. 3633(a) and 39 CFR 3015.7. V. Ordering Paragraphs It is ordered: 1. The proposed rates for Inbound International Expedited Services 2 will take effect January 1, 2010 are in accordance with the relevant statutory and regulatory requirements of 39 U.S.C. 3633(a) and 39 CFR 3015.7. 2. The Postal Service is directed to provide the Commission the 2010 EMS Pay-for-Performance Plan as discussed in this order within 30 days after adoption by the EMS Cooperative of the Universal Postal Union. 3. The Secretary shall arrange for publication of this order in the Federal Register. Issued: August 19, 2009. By the Commission. Shoshana M. Grove, Secretary. [FR Doc. E9–22862 Filed 9–22–09; 8:45 am] BILLING CODE 7710–FW–P SMALL BUSINESS ADMINISTRATION Reporting and Recordkeeping Requirements Under OMB Review Small Business Administration. Notice of reporting requirements submitted for OMB review. AGENCY: ACTION: SUMMARY: Under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35), agencies are required to submit proposed reporting and recordkeeping requirements to OMB for review and approval, and to publish a notice in the Federal Register notifying the public that the agency has made such a submission. DATES: Submit comments on or before October 23, 2009. If you intend to comment but cannot prepare comments promptly, please advise the OMB Reviewer and the Agency Clearance Officer before the deadline. Copies: Request for clearance (OMB 83–1), supporting statement, and other documents submitted to OMB for review may be obtained from the Agency Clearance Officer. ADDRESSES: Address all comments concerning this notice to: Agency Clearance Officer, Jacqueline White, Small Business Administration, 409 3rd Street, SW., 5th Floor, Washington, DC 20416; and OMB Reviewer, Office of E:\FR\FM\23SEN1.SGM 23SEN1

Agencies

[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Notices]
[Pages 48613-48614]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22862]


=======================================================================
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POSTAL REGULATORY COMMISSION

[Docket No. CP2009-57; Order No. 281]


International Mail

AGENCY: Postal Regulatory Commission.

ACTION: Notice

-----------------------------------------------------------------------

SUMMARY: The Commission is adding Inbound International Expedited 
Services 2 to the Competitive Product List. This action is consistent 
with changes in a recent law governing postal operations.

DATES: Effective September 23, 2009 and is applicable beginning August 
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 37739 (July 29, 
2009).

I. Introduction
II. Background
III. Comments
IV. Commission Analysis
V. Ordering Paragraphs

I. Introduction

    The Postal Service proposes a change in rates not of general 
applicability for Inbound International Expedited Services 2. For the 
reasons discussed below, the Commission approves the Postal Service's 
proposal.

II. Background

    On July 28, 2009, the Postal Service filed a notice announcing 
changes in rates not of general applicability for Inbound International 
Expedited Services 2 effective January 1, 2010.\1\ The Postal Service 
attached a redacted copy of the 2010 rates and a certified statement 
establishing compliance with 39 U.S.C. 3633 and 39 CFR 3015.5(c)(2) to 
the Notice as Attachments 1 and 2, respectively. Id. at 2. The Postal 
Service also submitted as Attachment 3 a listing of countries in each 
pricing tier and incorporated by reference the description of Inbound 
International Expedited Services 2 contained in its supporting 
documentation filed in Docket Nos. MC2009-10 and CP2009-12. The Postal 
Service submitted the rates, related financial information, and 
certified statement required by 39 CFR 3015.5(c)(2) under seal.
---------------------------------------------------------------------------

    \1\ Notice of the United States Postal Service of Filing Changes 
in Rates Not of General Applicability, July 28, 2009 (Notice).
---------------------------------------------------------------------------

    The Notice states that in Docket No. MC2009-10, the Governors 
established prices and classifications not of general applicability for 
Inbound Express Mail International (EMS). W. Ashley Lyons, Manager, 
Regulatory Reporting and Cost Analysis, Finance Department certifies 
that the prices are in compliance with the price floor and ceiling 
formulas set forth in Governors' Decision No. 08-20 and 39 U.S.C. 
3633(a). See id., Attachment 2. In Order No. 162, the Commission added 
Inbound International Expedited Services 2 to the Competitive Product 
List as a new product under Express Mail, Inbound International 
Expedited Services.\2\ The rates took effect on January 1, 2009.
---------------------------------------------------------------------------

    \2\ See Docket Nos. MC2009-10 and CP2009-12, Order Adding 
Inbound International Expedited Services 2 to Competitive Product 
List, December 31, 2008 (Order No. 162).
---------------------------------------------------------------------------

    In accordance with the provisions of the EMS Cooperative of the 
Universal Postal Union (UPU), rates for the delivery of inbound Express 
Mail International must be communicated to the UPU by August 31 of the 
year before which they are to take effect. As a member of the EMS 
Cooperative, the Postal Service may not change its rates for the coming 
year after August 31. In Order No. 162, the Commission raised concerns 
with filing these rates with the Commission after August 31, even 
though they do not take effect until January 1 of the following year. 
The Commission indicated that if a product is found to violate the 
Postal Accountability and Enhancement Act (PAEA), e.g., does not 
satisfy section 3633(a)(2), the Postal Service may be without a 
suitable remedy until the rate change is permitted for the following 
year. Id. at 9. The Commission, therefore, appreciates the Postal 
Service's filing the 2010 rates well in advance of the August 31, 2009 
UPU deadline.
    In its Notice, the Postal Service indicates that the rates to take 
effect in

[[Page 48614]]

2010 are divided into two tiers.\3\ Tier one applies to postal 
operators with a performance level agreement, such as EMS Pay-for-
Performance Plan participants and Kahala Posts Group members. Tier two 
applies to all other postal operators that transmit EMS to the United 
States. Notice at 2-3. The Postal Service provided a listing of 
countries in each tier, noting that this list may be subject to change 
on January 1, 2010. Id. at 3 and Attachment 3.
---------------------------------------------------------------------------

    \3\ The Postal Service states it expects that all members of the 
EMS Cooperative will participate in the Pay-for-Performance Plan. 
Therefore, the former three-tier rate structure is now consolidated 
into two tiers.
---------------------------------------------------------------------------

    The Postal Service states that the China Post Group, whose inbound 
EMS rates were established by a bilateral agreement approved by the 
Commission in Docket Nos. CP2008-6 and CP2008-7, is expected to join 
Tier 1. Id. at 3. The parties have agreed that the bilateral agreement 
will expire at the end of the 1-year term. Id.
    The Postal Service maintains that the rates, related financial 
information, and certain portions of the certified statement required 
by 39 CFR 3015.5(c)(2), should remain under seal. Id. at 4.
    In Order No. 271, the Commission gave notice of the docket, 
appointed a Public Representative, requested supplemental information 
pursuant to 39 CFR 3015.6, and provided the public an opportunity to 
comment.\4\
---------------------------------------------------------------------------

    \4\ Notice and Order Concerning Filing of Changes in Rates for 
Inbound International Expedited Services 2, August 4, 2009 (Order 
No. 271).
---------------------------------------------------------------------------

    The Postal Service submitted responses to the Commission's request 
for supplemental information on August 10, 2009.\5\ In Order No. 271, 
among other things, the Commission requested the Postal Service to 
provide supplemental information including the 2010 EMS Pay-for-
Performance Plan. The Postal Service response indicated this 
information was not yet available. On August 12, 2009, Chairman's 
Information Request No. 1 (CHIR No. 1) was issued requesting the 2009 
EMS Pay-for-Performance Plan by August 14, 2009. On August 13, 2009, 
the Postal Service provided its response to CHIR No. 1 under seal.
---------------------------------------------------------------------------

    \5\ Response of the United States Postal Service to Order No. 
271, Notice of Filing Requested Materials Filed Under Seal, August 
10, 2009.
---------------------------------------------------------------------------

III. Comments

    Comments were filed by the Public Representative.\6\ No other 
interested parties submitted comments. The Public Representative states 
that each element of 39 U.S.C. 3633(a) appears to be met by the 
proposed Inbound International Expedited Services 2 rate proposal. Id. 
at 2. He further states that the Postal Service has provided adequate 
justification for maintaining confidentiality in this case. Id. at 2-3. 
The Public Representative observes that the rates have been filed in a 
timely manner for the Commission's review and to permit notification to 
the UPU prior to the effective date. Additionally, he notes that the 
instant notice provides a current projection based upon the most recent 
information available and that the participation of the other postal 
administrations in the pricing structure may be subject to change. Id. 
at 4-5. The Public Representative concludes that the Notice comports 
with 39 CFR 3015, 39 U.S.C. 3632 and 3642.
---------------------------------------------------------------------------

    \6\ Public Representative Comments in Response to United States 
Postal Service Notice of Filing Changes for Inbound International 
Expedited Services 2, August 13, 2009 (Public Representative 
Comments). The Public Representative filed an accompanying Motion of 
the Public Representative for Late Acceptance of Comments in 
Response to United States Postal Service Notice of Filing Changes 
for Inbound International Expedited Services 2, August 13, 2009. The 
motion is granted.
---------------------------------------------------------------------------

IV. Commission Analysis

    The Commission has reviewed the Notice, the supplemental 
information, and the comments filed by the Public Representative.
    Statutory requirements. Planned price changes for competitive 
products are reviewed pursuant to 39 U.S.C. 3633(a) and Commission 
regulations under 39 CFR 3015, which implements section 3633. In brief, 
these statutory and regulatory provisions require each competitive 
product to cover its attributable costs (39 U.S.C. 3633(a)(2)), 
prohibit the subsidization of competitive products by market dominant 
products (39 U.S.C. 3633(a)(1)), and require that competitive products 
collectively make an appropriate contribution to the recovery of the 
Postal Service's total institutional costs.
    Based on the information provided, the Commission finds that the 
proposed rates cover attributable costs, 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, a preliminary review of the proposed rates indicate that the 
rates comport with the provisions applicable to rates for competitive 
products.
    Other considerations. The Postal Service is directed to provide the 
Commission with the 2010 EMS Pay-for-Performance Plan once it is 
approved by the EMS Cooperative of the UPU.
    Based on the record in this proceeding, the Commission finds that 
the proposed rates for Inbound International Expedited Services 2 are 
in accord with the relevant statutory and regulatory requirements of 39 
U.S.C. 3633(a) and 39 CFR 3015.7.

V. Ordering Paragraphs

    It is ordered:
    1. The proposed rates for Inbound International Expedited Services 
2 will take effect January 1, 2010 are in accordance with the relevant 
statutory and regulatory requirements of 39 U.S.C. 3633(a) and 39 CFR 
3015.7.
    2. The Postal Service is directed to provide the Commission the 
2010 EMS Pay-for-Performance Plan as discussed in this order within 30 
days after adoption by the EMS Cooperative of the Universal Postal 
Union.
    3. The Secretary shall arrange for publication of this order in the 
Federal Register.

    Issued: August 19, 2009.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. E9-22862 Filed 9-22-09; 8:45 am]
BILLING CODE 7710-FW-P
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