10842 Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Notices 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov. 

Thursday, April 8, 2010 

9:30 a.m. 

Briefing on Regional Programs— 

Programs, Performance, and Future 

Plans (Public Meeting). (Contact: 

Richard Barkley, 610–337–5065.) 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov. 

Week of April 12, 2010—Tentative 

There are no meetings scheduled for 

the week of April 12, 2010. 

* 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. 

Additional Information 

The Briefing on Regional Programs— 

Programs, Performance, and Future 

Plans previously postponed from 

Tuesday, February 9, 2010, at 9:30 a.m. 

has been rescheduled on Thursday, 

April 8, 2010, at 9:30 a.m. 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://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 Angela 

Bolduc, Chief, Employee/Labor 

Relations and Work Life Branch, at 301– 

492–2230, TDD: 301–415–2100, or by 

e-mail 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: March 4, 2010. 

Rochelle C. Bavol, 

Office of the Secretary. 

[FR Doc. 2010–5093 Filed 3–5–10; 4:15 pm] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket No. A2010–3; Order No. 417] 

Post Office Closing 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: This document informs the 

public that an appeal of the closing of 

the East Elko Station, NV post office has 

been filed. It identifies preliminary 

steps and provides a procedural 

schedule. Publication of this document 

will allow the Postal Service, petitioner, 

and others to take appropriate action. 

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 the FOR

FURTHER INFORMATION CONTACT section 

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: Notice is 

hereby given that pursuant to 39 U.S.C. 

404(d), the Commission has received an 

appeal of the closing of the East Elko 

Station located in Elko, Nevada 89801. 

The appeal was received by the 

Commission on February 22, 2010. The 

Commission hereby institutes a 

proceeding under 39 U.S.C. 404(d)(5) 

and designates the case as Docket No. 

A2010–3 to consider the petitioner’s 

appeal. If the petitioner would like to 

further explain his position with 

supplemental information or facts, he 

may either file a Participant Statement 

on PRC Form 61 or file his own brief 

with the Commission by no later than 

March 29, 2010. 

Categories of issues apparently raised. 

The categories of issues that appear to 

be raised include: 

Effect on the community (39 U.S.C. 

404(d)(2)(A)(i)). 

After the Postal Service files the 

administrative record and the 

Commission reviews it, the Commission 

may find that there are additional issues 

other than that set forth above or, 

alternatively, the Commission may find 

that the Postal Service’s determination 

disposes of one or more of those issues. 

The deadline for the Postal Service to 

file the administrative record with the 

Commission is March 9, 2010. 39 CFR 

3001.113. 

Availability; Web site posting. The 

Commission has posted the appeal and 

supporting material on its Web site at 

http://www.prc.gov. Additional filings 

in this case and participants’ 

submissions also will be posted on the 

Web site, if provided in electronic 

format or amenable to conversion, and 

not subject to a valid protective order. 

Information on how to use the 

Commission’s Web site is available 

online or by contacting the 

Commission’s webmaster via telephone 

at 202–789–6873 or via electronic mail 

at prc-webmaster@prc.gov. 

The appeal and all related documents 

are also available for public inspection 

in the Commission’s docket section. 

Docket section hours are 8 a.m. to 4:30 

p.m., Monday through Friday, except on 

Federal government holidays. Docket 

section personnel may be contacted via 

electronic mail at prc-dockets@prc.gov 

or via telephone at 202–789–6846. 

Filing of documents. All filings of 

documents in this case shall be made 

using the Internet (Filing Online) 

pursuant to Commission rules 9(a) and 

10(a) at the Commission’s Web site, 

http://www.prc.gov, unless a waiver is 

obtained. 39 CFR 3001.9(a) and 10(a). 

Instructions for obtaining an account to 

file documents online may be found on 

the Commission’s Web site, http:// 

www.prc.gov, or by contacting the 

Commission’s docket section at prcdockets@prc.gov or via telephone at 

202–789–6846. 

Intervention. Those, other than the 

petitioner and respondent, wishing to be 

heard in this matter are directed to file 

a notice of intervention. See 39 CFR 

3001.111(b). Notices of intervention are 

due on or before March 29, 2010. A 

notice of intervention shall be filed 

using the Internet (Filing Online) at the 

Commission’s Web site, http:// 

www.prc.gov, unless a waiver is 

obtained for hardcopy filing. See 39 CFR 

3001.9(a) and 10(a). 

Further procedures. By statute, the 

Commission is required to issue its 

decision within 120 days from the date 

this appeal was filed. See 39 U.S.C. 

404(d)(5). A procedural schedule has 

been developed to accommodate this 

statutory deadline. In the interest of 

expedition, in light of the 120–day 

decision schedule, the Commission may 

request the Postal Service or other 

participants to submit information or 

memoranda of law on any appropriate 

issue. As required by the Commission 

rules, if any motions are filed, responses 

are due 7 days after any such motion is 

filed. 39 CFR 3001.21. 

Comments. In considering this appeal, 

the Commission will be relying on its 

interpretation of 39 U.S.C. section 

404(d)(1) which accords customers of 

stations and branches the same 

treatment as customers of post offices 

for purposes of appeal. 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Notices 10843 

1United States Postal Service Notice of MarketDominant Price Adjustment, February 26, 2010 

(Notice). 

2 Docket No. R2009–3, United States Postal 

Service Notice of Market-Dominant Price 

Adjustment, May 1, 2009. 

3 Docket No. R2009–3, Order Approving Standard 

Mail Volume Incentive Pricing Program, Order No. 

219, June 4, 2009. 

The Commission’s position of record 

on this issue has been developed since 

the late 1970s, when the former Rate 

Commission first addressed the 

definition of post office in Docket No. 

A78–1. In re Gresham, SC, Order No. 

208 (August 16, 1978). Since that time, 

the Commission has consistently put 

forward the position that stations and 

branches were ‘‘post offices’’ within the 

meaning of section 404(d). 

Comments from the mailing 

community and general public in this 

docket are encouraged. 

In addition, it would be helpful for 

commenters to review whether 

precedent based on these cases, decided 

by the former Rate Commission, should 

be controlling in the new regulatory 

environment established by the Postal 

Accountability and Enhancement Act. 

It is ordered: 

1. The Postal Service shall file the 

administrative record in this appeal, or 

otherwise file a responsive pleading to 

the appeal, by March 9, 2010. 

2. The procedural schedule listed 

below is hereby adopted. 

3. Pursuant to 39 U.S.C. 505, Richard 

A. Oliver is designated officer of the 

Commission (Public Representative) to 

represent the interests of the general 

public. 

4. The Secretary shall arrange for 

publication of this notice and order and 

procedural schedule in the Federal 

Register. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

PROCEDURAL SCHEDULE

February 22, 2009 ......... Filing of Appeal. 

March 9, 2010 ................ Deadline for Postal Service to file administrative record in this appeal or responsive pleading. 

March 29, 2010 .............. Deadline for petitions to intervene (see 39 CFR 3001.111(b)). 

March 29, 2010 .............. Deadline for petitioner’s form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). 

April 19, 2010 ................. Deadline for answering brief in support of Postal Service (see 39 CFR 3001.115(c)). 

May 4, 2010 ................... Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). 

May 11, 2010 ................. Deadline for motions by any party requesting oral argument; the Commission will schedule oral argument only when 

it is a necessary addition to the written filings (see 39 CFR 3001.116). 

June 22, 2010 ................ Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)). 

[FR Doc. 2010–4921 Filed 3–8–10; 8:45 am] 

BILLING CODE 7710–FW–S 

POSTAL REGULATORY COMMISSION 

[Docket No. R2010–3; Order No. 416] 

Special Summer Postal Rate Program 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Postal Service plans to 

offer a special volume pricing incentive 

for certain Standard Mail this summer. 

This document announces 

establishment of a docket to consider 

the plan, provides certain information 

about the plan, and provides additional 

information about related procedures, 

including an opportunty for public 

comment. 

DATES: Comments are due: March 18, 

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 the FOR

FURTHER INFORMATION CONTACT section 

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: 

Table of Contents 

I. Overview 

II. Postal Service Filing 

III. Commission Action 

IV. Ordering Paragraphs 

I. Overview 

On February 26, 2010, the Postal 

Service filed with the Commission a 

notice announcing its intention to adjust 

prices for Standard Mail letters and flats 

pursuant to 39 U.S.C. 3622 and 39 CFR 

part 3010.1 The proposed adjustment is 

another Standard Mail Volume 

Incentive Pricing Program (Standard 

Mail Incentive Program) similar to the 

one introduced in May 2009,2 and 

subsequently approved by the 

Commission.3 The planned 

implementation date of the Standard 

Mail Incentive Program is July 1, 2010, 

and the planned expiration date is 

September 30, 2010. 

II. Postal Service Filing 

Standard Mail Incentive Program. The 

Standard Mail Incentive Program, like 

that introduced in Docket No. R2009–3, 

will give eligible companies a 30 

percent postage rebate on qualifying 

Standard Mail letters and flats above a 

predetermined threshold agreed upon 

by both the mailer and the Postal 

Service. Notice at 4. The threshold is the 

amount of Standard Mail for each 

participating company sent through the 

Permit(s) or Ghost Permit(s) or through 

its Mail Service Provider (MSP) from 

July 1 to September 30, 2010 plus 5 

percent of the volume for the same 

period last year (SPLY + 5 percent). Id. 

Based on the Postal Service’s quarter 2 

forecast of less than 1 percent volume 

growth from July 1 through September 

30, 2010, a participant’s volumes must 

grow significantly more than average 

before qualifying for any rebate. Id. 

To ensure against mailers shifting 

June volume to July, or October volume 

to September, an additional volume 

threshold will be established for June 

through October 2010, using the same 

SPLY + 5 percent formula. If the actual 

volumes for that period do not meet the 

respective month’s threshold (SPLY + 5 

percent), the difference will be deducted 

from the Standard Mail Incentive 

Program qualifying volume. Id. 

Eligibility for the Standard Mail 

Incentive Program requires qualifying 

mailers to have mailed 350,000 or more 

Standard Mail letters and flats between 

July 1 and September 30, 2009 through 

one or more permit imprint advance 

deposit account(s) owned by the 

company or through permits set up on 

behalf of the company by a MSP. Id. at 

3. Approximately 3,525 customers will 

be eligible to participate in the sale, 

representing 67 percent of Standard 

Mail volume. Id. To participate, 

documentation specifying that the 

applicant is the owner of the mail is 

required. Id. MSPs are not eligible, and 

participating mailers are not eligible for 

any other concurrent postal incentive 


sroberts on DSKD5P82C1PROD with NOTICES