1658 Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices 

1United States Postal Service FY 2009 Annual 

Compliance Report, December 29, 2009 (FY 2009 

ACR). Public portions of the Postal Service’s filing 

are available at the Commission’s Web site, http:// 

www.prc.gov. 

public meetings in another format (e.g. 

braille, large print), please notify Angela 

Bolduc, Chief, Employee/Labor 

Relations and Work Life Branch, at 301– 

492–2230, TDD: 301–415–2100, or by email at angela.bolduc@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: January 7, 2010. 

Rochelle C. Bavol, 

Office of the Secretary. 

[FR Doc. 2010–466 Filed 1–8–10; 4:15 pm] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0008] 

Withdrawal of Regulatory Guide 7.5 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Withdrawal of Regulatory Guide 

7.5, ‘‘Administrative Guide for 

Obtaining Exemptions From Certain 

NRC Requirements Over Radioactive 

Material Shipments.’’ 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Herrity, Office of Nuclear 

Regulatory Research, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–251– 

7447 or e-mail Thomas.Herrity@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is withdrawing 

Regulatory Guide (RG) 7.5, 

‘‘Administrative Guide for Obtaining 

Exemptions From Certain NRC 

Requirements Over Radioactive Material 

Shipments.’’ 

Prior to expansion of the Department 

of Transportation (DOT) regulations in 

1998 to include hazardous material 

transported while in intrastate 

commerce, most intrastate shipments of 

NRC-licensed material were not subject 

to DOT regulations. Recognizing this, in 

10 CFR 71.5, ‘‘Transportation of 

Licensed Material,’’ the NRC imposed 

the same DOT requirements on these 

shipments (through 10 CFR 71.5(b)) that 

were already imposed on shipments in 

interstate commerce. Additionally, in 10 

CFR 71.5(b), NRC provided licensees a 

method to request a modification, 

waiver, or exemption from the DOT 

regulations imposed in § 71.5(a). RG 7.5, 

originally published in May 1977, 

provided guidance on obtaining a 

modification, waiver, or exemption from 

the NRC-imposed DOT regulations via 

10 CFR 71.5(b). 

The number of shipments currently 

not subject to DOT regulations is 

markedly lower than in 1997. 

Shipments of licensed material that 

would not be subject to DOT regulations 

are those shipments that are not in 

commerce, e.g., Federal, State, or local 

government radioactive material 

shipments transported by government 

employees in government vehicles. In 

the almost 11 years after the DOT final 

rule became effective on October 1, 

1998, NRC has not approved any 

requests for exemption, waiver, or 

modification of DOT requirements 

under 10 CFR 71.5(b). 

II. Further Information 

The withdrawal of RG 7.5 does not 

alter any prior or existing licensing 

commitments based on its use. The 

guidance provided in this RG is neither 

necessary nor current. RGs may be 

withdrawn when their guidance is 

superseded by congressional action or 

no longer provides useful information. 

Regulatory guides are available for 

inspection or downloading through the 

NRC’s public Web site under 

‘‘Regulatory Guides’’ in the NRC’s 

Electronic Reading Room at http:// 

www.nrc.gov/reading-rm/doccollections. Regulatory guides are also 

available for inspection at the NRC’s 

Public Document Room (PDR), Room O– 

1 F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland 

20852–2738. You can reach the PDR 

staff by telephone at 301–415–4737 or 

800–397–4209, by fax at 301–415–3548, 

and by e-mail to pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 5th day 

of January 2010. 

For the Nuclear Regulatory Commission. 

Andrea D. Valentin, 

Chief, Regulatory Guide Development Branch, 

Division of Engineering, Office of Nuclear 

Regulatory Research. 

[FR Doc. 2010–336 Filed 1–11–10; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket No. ACR2009; Order No. 380] 

FY 2009 Annual Compliance Report; 

Comment Request 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Postal Service has filed 

an Annual Compliance Report on the 

costs, revenues, rates, and quality of 

service associated with its products in 

fiscal year 2009. Within 90 days, the 

Commission must evaluate that 

information and issue its determination 

as to whether rates were in compliance 

with title 39, chapter 36 and whether 

service standards in effect were met. To 

assist in this, the Commission seeks 

public comments on the Postal Service’s 

Annual Compliance Report. 

DATES: Comments are due: February 1, 

2010. Reply comments are due: 

February 16, 2010. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov. Commenters who cannot 

submit their views electronically should 

contact the person identified in ‘‘FOR 

FURTHER INFORMATION CONTACT’’ 

by telephone for advice on alternatives 

to electronic filing. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: Section 

3652 of title 39 of the United States 

Code requires the Postal Service to file 

several reports with the Postal 

Regulatory Commission. Section 

3652(a)(1) requires a report on the costs, 

revenues, rates, and quality of service 

associated with its products within 90 

days after the close of each fiscal year. 

That section requires that the Postal 

Service’s annual report be sufficiently 

detailed to allow the Commission and 

the public to determine whether the 

rates charged and the service provided 

comply with all of the requirements of 

title 39. 

The Postal Service filed annual 

reports to the Commission in 

compliance with 39 U.S.C. 3652 on 

December 29, 2009, referred to 

comprehensively as the Annual 

Compliance Report (ACR) FY 2009. 

Appended to it are four basic data 

reports: (1) The Cost and Revenue 

Analysis (CRA); (2) the International 

Cost and Revenue Analysis (ICRA); (3) 

the models of costs avoided by 

worksharing; and (4) billing determinant 

information.1 A full list of materials 

supporting the FY 2009 ACR 

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Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices 1659 

2See Notice of Appointment of Public 

Representative, October 28, 2009. 

3See Docket No. RM2008–4, Notice of Final Rule 

Prescribing Form and Content of Periodic Reports, 

April 16, 2009. 

4See Docket No. RM2008–1, Final Rule 

Establishing Appropriate Confidentiality 

Procedures, June 19, 2009. 

accompanies the report as Attachment 

One. 

The Postal Service observes that all 

four basic data reports (CRA, ICRA, 

avoided cost studies, and billing 

determinants) have traditionally been 

filed with the Commission on an annual 

basis, and therefore are familiar to the 

Commission, both from prior rate cases 

and the previous two ACRs. It notes that 

there has been a significant change in 

the format of some of these materials. 

Where the CRA formerly presented 

financial data for competitive products 

as a single line item, it now presents 

data for five competitive product 

groups, consistent with the new format 

in which the Postal Service presents the 

public version of the Revenue, Pieces, 

and Weight report. In addition, the nonpublic annex filed by the Postal Service 

for the first time presents detailed 

financial data for competitive product 

NSAs. The supporting documentation 

for this new level of detail in these areas 

also remains in its non-public annex. Id. 

at 83–85. Finally, the Postal Service has 

filed a public and a non-public version 

of its Cost Segments and Components 

Reconciliation to Financial Statements 

and Account Reallocations report. 

Financial accounts relating to 

competitive products have been 

redacted from the public version. In the 

FY 2008 ACR, this was filed as an 

unredacted public document. 

Section 3652(g) of title 39 requires 

that the Comprehensive Statement of 

Postal Operations mandated by 39 

U.S.C. 2401(e) and performance and 

program plans mandated by sections 

2803 and 2804 be included as a part of 

the Postal Service’s annual compliance 

report. The Postal Service’s 

Comprehensive Statement is filed as 

USPS-FY09–17 and is also available on 

its Web site: http://www.usps.com/ 

strategicplanning/cs09/CSPOl09.pdf. 

After receiving the FY 2009 ACR, the 

Commission is required under 39 U.S.C. 

3653 to provide interested persons with 

an opportunity to comment on these 

reports and to appoint a Public 

Representative to represent the interests 

of the general public. Kenneth E. 

Richardson serves as the Public 

Representative in this docket.2

The Commission hereby solicits 

public comment on these reports, and 

on whether any rates or fees in effect 

during FY 2009 (for products 

individually or collectively) were not in 

compliance with applicable provisions 

of chapter 36 of title 39 (or regulations 

promulgated thereunder). Commenters 

addressing market dominant products 

are referred in particular to applicable 

requirements (39 U.S.C. 3622(d), (e) and 

3626); objectives (39 U.S.C. 3622(b)); 

and factors (39 U.S.C. 3622(c)). 

Commenters addressing competitive 

products are referred to 39 U.S.C. 3633. 

The Commission also solicits public 

comment on whether any service 

standards in effect during FY 2009 were 

not met. Commenters addressing the 

achievement of service standards for 

products within the market dominant 

classes of mail or special services are 

referred to 39 CFR parts 121 and 122, 

adopted 72 FR 72216 et seq., December 

19, 2007. 

Additionally, the Commission solicits 

public comment on whether the Postal 

Service has met the goals established in 

the annual Comprehensive Statement 

and program and performance plans 

included in the Comprehensive 

Statement, which will assist the 

Commission in developing appropriate 

recommendations to the Postal Service 

related to the protection or promotion of 

the public policy objectives of title 39. 

Comments by interested persons are 

due on or before February 1, 2010. 

Reply comments are due on or before 

February 16, 2010. After completing its 

review of the FY 2009 ACR, public 

comments, and any other information 

submitted in this proceeding, the 

Commission will issue an Annual 

Compliance Determination (ACD). 

This is the third compliance report 

filed by the Postal Service since passage 

of the Postal Accountability and 

Enhancement Act (PAEA). Some of the 

issues raised by transitioning from the 

Postal Reorganization Act to the PAEA 

were resolved in FY 2009, easing the 

task of the Postal Service in preparing 

its report, and the task of the 

Commission and the public in 

evaluating it. The Commission has 

adopted rules prescribing the form and 

content of the Postal Service’s periodic 

reports, including its annual compliance 

report.3 In its FY 2009 ACR, the Postal 

Service presents costs and revenues 

aligned (for the most part) with the 

market dominant and competitive 

product lists in the Mail Classification 

Schedule. 

In FY 2009, the Commission also 

adopted rules governing the treatment of 

commercially sensitive information. 

Those rules require the Postal Service to 

apply for non-public treatment of 

information required in periodic 

reports. Its application must specify its 

reasons for concluding the particular 

information is commercially sensitive 

and in need of non-public treatment, 

and describe with particularity the 

nature of the competitive harm that 

public disclosure is likely to cause.4

Accordingly, the Postal Service has 

accompanied its FY 2009 ACR with an 

application for non-public treatment of 

certain competitive product 

information, including its supporting 

rationale in Attachment Two. There, the 

Postal Service argues that costs at the 

level of individual competitive products 

and below are generally commercially 

sensitive, and that volume and revenue 

at the level of billing determinants are 

commercially sensitive. In its domestic 

CRA, the Postal Service has aggregated 

competitive products into five groups 

that it views as appropriate for public 

disclosure—Total Express Mail, Total 

Priority Mail, Total Ground, Total 

International Competitive, and 

Competitive Services. In its FY 2008 

domestic CRA, it had presented 

comparable data in a single competitive 

products line item. 

Among the materials submitted by the 

Postal Service as part of its filing is a 

document identified as USPS-FY09–9, 

which serves as a roadmap summarizing 

other materials submitted as part of the 

FY 2009 ACR and discussing changes in 

methodologies from those used in the 

FY 2008 ACD. The Postal Service 

explains that methodological changes 

are discussed in general terms in a 

separate section of the roadmap 

document (USPS-FY09–9), and in more 

detail in the narrative preface 

accompanying each of the appended 

materials. The Postal Service explains 

that to the extent feasible it has adhered 

to the methodologies used in the FY 

2008 ACD or approved by the 

Commission in informal rulemakings 

subsequent to the FY 2008 ACD. On 

pages 5 and 6 of the FY 2009 ACR, the 

Postal Service provides a list of dockets 

in which it has proposed changes to 

analytical principles used in periodic 

reporting, and identifies those 

rulemakings that have been completed 

and those that are still pending. With 

respect to those that are still pending, 

the Postal Service observes that in some 

instances, use of a changed analytical 

principle was necessary to reflect 

changed circumstances. In all other 

instances, the Postal Service explains 

that it has provided ‘‘toggle switches’’ in 

the documentation to allow the impact 

of the proposed change to be separately 

identified and reversed, if necessary. FY 

2009 ACR at 6. 

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1660 Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices 

The Postal Service’s FY 2009 ACR 

discusses the evolution of its 

measurement of service standards to 

meet the mandate of 39 U.S.C. 

3652(a)(2)(B)(i). The Postal Service 

reports that its hybrid IMb-based system 

for obtaining service performance 

results for bulk market dominant 

products is still under development. 

The Postal Service intends to use data 

from this system to measure service 

performance of its bulk mail products in 

the future. Id. at 9–10. Also of interest 

is the expansion of the coverage of the 

Postal Service’s EXFC system for 

measuring the service performance of 

single-piece First-Class Mail from 463 

3–digit ZIP Code areas to 892 3–digit 

ZIP Code areas. It notes that on-time 

performance in the expansion ZIP Codes 

initially lagged the on-time performance 

of the legacy ZIP Codes by 13.5 percent, 

but that management initiatives reduced 

that gap to less than 1 percent by the 

end of FY 2009. Id. at 12–13. 

In its most recent compliance 

determination, the Commission raised 

concerns about the customer satisfaction 

measurement survey used by the Postal 

Service in its FY 2008 ACR. The Postal 

Service describes new modifications it 

made to improve that system, id. at 16– 

17, and customer satisfaction 

measurement instruments it has 

developed and is implementing for use 

in its FY 2010 ACR. Id. at 19. 

Generally, market dominant products 

that were flat shaped or parcel shaped 

failed to cover their attributable costs in 

FY 2009. For example, Periodicals lost 

$642 million, earning revenues that 

were only 76 percent of attributable 

costs. Id. at 40, Table 3. Standard 

Regular flats, and Standard Regular 

parcels and NFMs together lost $830 

million. Flats were roughly 82 percent 

of attributable costs, and revenues for 

parcels and NFMs were roughly 75 

percent of attributable costs. Id. at 26, 

Table 2. Package Services, as a class, 

lost $53 million. Among package 

services products, only Bound Printed 

Matter flats and Inbound Surface Parcel 

Post covered their attributable costs. Id. 

at 42–43, Table 4. Four Special Services 

failed to recover their attributable 

costs—Registered Mail, Stamped Cards, 

International Ancillary Services, and 

Confirm. Id. at 52–53, Table 5. Finally, 

International Inbound Single-Piece 

First-Class Mail failed to cover its costs, 

earning revenues that were 

approximately 60 percent of attributable 

costs. Id. at 22. Additionally, the Postal 

Service provides a discussion of the 

competing policy considerations that 

impact workshare discounts and the 

reasons a substantial number of 

workshare discounts may have 

exceeded avoided costs in FY 2009. Id. 

at 58–73. 

With respect to competitive products, 

seven international products failed to 

recover their attributable costs— 

Inbound International Expedited 

Services 1 and 2; Inbound Surface 

Parcel Post at Non-UPU Rates; 

International Money Transfer Service; 

Competitive Registered Mail; 

Competitive Insurance; Competitive 

Return Receipt; and Competitive 

International Business Reply Service 

negotiated service agreement contracts. 

Id. at 77–79. 

The Postal Service estimates that 

competitive products as a whole 

covered their incremental costs, 

calculated two alternative ways, and 

therefore pass the test for identifying 

cross-subsidy of competitive products 

by market dominant products. It, 

therefore, concludes competitive 

products were in compliance with 39 

U.S.C. 3633(a)(1). 

It is ordered: 

1. The Commission establishes Docket 

No. ACR2009 to consider matters raised 

by the Postal Service’s FY 2009 Annual 

Compliance Report. 

2. Comments on the United States 

Postal Service FY 2009 Annual 

Compliance Report to the Commission, 

including the Comprehensive Statement 

of Postal Operations and other reports, 

are due on or before February 1, 2010. 

3. Reply comments are due on or 

before February 16, 2010. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2010–295 Filed 1–11–10; 8:45 am] 

BILLING CODE 7710–FW–S 

SMALL BUSINESS ADMINISTRATION 

Data Collection Available for Public 

Comments and Recommendations 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the Small Business 

Administration’s intentions to request 

approval on a new and/or currently 

approved information collection. 

DATES: Submit comments on or before 

March 15, 2010. 

ADDRESSES: Send all comments 

regarding whether these information 

collections are necessary for the proper 

performance of the function of the 

agency, whether the burden estimates 

are accurate, and if there are ways to 

minimize the estimated burden and 

enhance the quality of the collection, to 

Cynthia Pitts, Director, Disaster 

Administrative Services, Small Business 

Administration, 409 3rd Street, 6th 

Floor, Washington, DC 20416. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Pitts, mailto: Director, 202– 

205–7570 cynthia.pitts@sba.gov Curtis 

B. Rich, Management Analyst, 202–205– 

7030 curtis.rich@sba.gov 

SUPPLEMENTARY INFORMATION: Per OMB 

Circular A–123, Appendix B. Agencies 

must perform credit score inquiries and 

analysis prior to issuing travel credit 

cards. When credit score inquiry results 

in no score, this form will be used as an 

alternative means to asses credit history 

as required by the Circular. 

Title: ‘‘Alternatives Creditworthiness 

Assessment.’’ 

Description of Respondents: 

Applicants applying for Disaster Loans. 

Form Number: 2294. 

Annual Responses: 1,849. 

Annual Burden: 8. 

FOR FURTHER INFORMATION CONTACT: 

Carol Fendler, mail to: System 

Accountant, Office of Investment 202– 

205–7559, carol.fendler@sba.gov; Curtis 

B. Rich, Management Analyst, 202–205– 

7030, curtis.rich@sba.gov. 

SUPPLEMENTARY INFORMATION: SBA 

Forms 2181, 2182 and 2183 provide 

SBA with the necessary information to 

make properly supported decisions 

regarding the approval denial of an 

applicant for a small business 

investment company (SBIC) license. 

SBA uses this information to asses an 

applicants ability to successfully 

operate an SBIC within the scope of the 

Small Business Investment Act, as 

amended. 

Title: ‘‘SBIC Management Assessment 

Questionnaire (MAQ) & License 

Application; Exhibits to SBIC License 

Applications/MAQ.’’ 

Description of Respondents: Small 

Business Owners and Farmers. 

Form Number’s: 2181, 2182, 2183. 

Annual Responses: 255. 

Annual Burden: 4,300. 

Jacqueline White, 

Chief, Administrative Information Branch. 

[FR Doc. 2010–322 Filed 1–11–10; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

Disaster Declaration # 12006 and # 

12007; New York Disaster # NY–00086 

AGENCY: U.S. Small Business 

Administration. 

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