Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Proposed Rules 39909 

1Petition of the United States Postal Service 

Requesting Initiation of a Proceeding to Consider 

Proposed Changes in Analytic Principles (Proposals 

Three–Nineteen), July 28, 2009 (Petition). 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would add 

additional controlled airspace at Hart 

Airport, Many, LA. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9S, 

Airspace Designations and Reporting 

Points, dated October 3, 2008, and 

effective October 31, 2008, is amended 

as follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASW LA E5 Many, LA [Amended] 

Many, Hart Airport, LA 

(Lat. 31°32′41′′ N., long. 93°29′09′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Hart Airport. 

* * * * * 

Issued in Fort Worth, TX, on July 28, 2009. 

Anthony D. Roetzel, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. E9–19032 Filed 8–7–09; 8:45 am] 

BILLING CODE 4910–13–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3050 

[Docket No. RM2009–10; Order No. 269] 

Periodic Reporting Rules; Postal 

Regulatory Commission 

ACTION: Proposed rulemaking; 

availability of rulemaking petition. 

SUMMARY: This document announces a 

proposed rulemaking in response to a 

recent Postal Service petition involving 

periodic reporting rules. The petition, 

which is the third in a recent series, 

addresses seventeen potential changes. 

These changes cover matters such as 

correction of certain errors, updates 

based on operational changes or data 

system improvements, and the 

calculation of Periodicals bundle costs. 

If adopted, some of the proposed 

changes would affect certain cost 

models and revenue and volume 

reporting. Two other proposals affecting 

periodic reporting are under 

consideration in pending dockets. 

DATES: Comments are due August 20, 

2009. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

at 202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

Regulatory History 

74 FR 31386 (Jul. 1, 2009). 

74 FR 35837 (Jul. 21, 2009). 

On July 28, 2009, the Postal Service 

filed a petition to initiate an informal 

rulemaking proceeding to consider 

changes in the analytical methods 

approved for use in periodic reporting.1

The proposals described by the 

Petition fall into several groups. The 

Postal Service describes Proposals Three 

through Seven as ‘‘errors detected in 

some of the programs and spreadsheets 

used to prepare the ACR filing * * *.’’ 

Id. at 1. The Petition notes that 

providing advance notice of such 

corrections is not mandatory but 

observes that it is potentially beneficial 

to the compliance review process, and 

for that reason the Postal Service 

voluntarily provides such notice. Id. at 

1. 

The Postal Service describes 

Proposals Eight through Ten and 

Eighteen as ‘‘updates based on 

operational changes or data system 

improvements.’’ Proposal Eight involves 

new distribution factors for Special 

Purpose Routes; Proposal Nine involves 

new items in Rural Evaluation Factors; 

and Proposal Ten involves a new Rural 

distribution for DPS/Sector Segment 

(letters). Proposal Eighteen involves a 

disaggregation of TRACS data to 

distribute Surface CP costs between 

Canada and the rest of the world. Id. at 

2. 

Proposal Eleven concerns the use of 

booked versus imputed values for 

certain international mail costs and 

revenues. The Petition notes that in 

preparing its FY 2008 Annual 

Compliance Determination (ACD), the 

Commission relied on booked values 

and adjusted the Postal Service’s FY 

2008 International Cost and Revenue 

Analysis (ICRA) to be consistent with 

that approach. The Petition observes 

that ‘‘if the [Commission’s] intent is to 

consistently use booked values in place 

of imputed values, the methodology 

underlying the FY08 ACD needs to be 

improved.’’ Id. The Postal Service offers 

what it regards as a suitable improved 

method of applying booked values 

which applies booked values for 

attributable costs as well as for 

revenues. The Postal Service, however, 

asserts that providing an ICRA that 

relies on imputed values continues to 

have value. Therefore, it requests 

permission to file an alternative ICRA 

with its periodic reports that applies 

imputed values to the costs and 

revenues in question. It notes that in FY 

2010, it will institute a new Foreign 

Payment System that will use an 

‘‘accrual methodology that is more 

similar to the imputed methodology 

* * *.’’ See id. at 2–3, and Proposal 

Eleven at 1–2, attached to the Petition. 

The alternative ICRAs are provided 

under seal. See Library Reference 

USPS–RM2009–10/NP1, FY 2008 ICRA 

Report for Imputed and Booked 

Calculations. 

Proposals Twelve through Fourteen 

concern special studies for Periodicals, 

Standard Mail, and Parcels, 

respectively. Proposal Twelve is 

premised on the belief that the 

Commission’s FY 2008 ACD estimate of 

the percent of Incoming Secondary 

Periodicals flats sorted mechanically is 

contrary to the logic of the Periodicals 

cost model accepted in Docket No. 

RM2009–1. See supporting rationale for 

Proposal Twelve attached to the 

Petition, at 1–3. Proposal Thirteen 

exploits the fact that with respect to 

Standard Mail, the FY 2008 CRA report 

was expanded by adding separate line 

items for letters, flats, and NFMs/ 

parcels. The Postal Service proposes to 

use these estimates to develop separate 

destination entry cost avoidance 

estimates for Standard Mail letters, flats, 

and NFMs/parcels. 

Proposal Fourteen takes advantage of 

the fact that FY 2008 mail processing 

and transportation cost data are 

separately available for single-piece 

Parcel Post, Parcel Select, and Parcel 

Return Service. This makes it possible 


rmajette on DSK29S0YB1PROD with PROPOSALS
39910 Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Proposed Rules 

2The Petition, at 3, inadvertently refers to 

Proposal Nineteen as ‘‘Proposal Twenty.’’ 

to develop mail processing and 

transportation cost models for each 

product that separates costs by point of 

entry. The proposed cost models are 

presented in library references under 

seal. See Library Reference USPS– 

RM2009–10/NP2, Nonpublic Materials 

Relating to Proposals Fourteen and 

Eighteen. 

Proposals Fifteen through Seventeen 

are proposals to make refinements to 

volume and revenue reporting. Proposal 

Fifteen would expand the use of Point 

of Sale (POS) data from retail terminals 

to report revenue and associated 

attributes from pieces to which a PVS 

strip has been applied at the window. 

Proposal Sixteen would establish a new 

set of distribution factors for allocating 

Certificate of Mailing fee revenue back 

to products. Proposal Seventeen would 

improve revenue, piece, and weight 

reporting for Free Military Mail. Petition 

at 3. 

Proposal Nineteen 2 relates to the 

calculation of bundle costs in the 

Periodicals ‘‘Bundle Passthrough’’ 

worksheet. The Petition notes that in the 

FY 2008 ACD, the Commission used the 

costs of bundles in sacks, rather than the 

weighted average costs of bundles in 

both sacks and pallets, to estimate the 

costs avoided by Periodicals. Proposal 

Nineteen seeks to explore whether this 

change was intended or inadvertent. 

The attachment to the Postal Service’s 

Petition explains its proposals in more 

detail, including the background, 

objective, rationale, and estimated 

impact of each. 

It is ordered: 

1. The Petition of the United States 

Postal Service Requesting Initiation of a 

Proceeding to Consider Proposed 

Changes in Analytic Principles 

(Proposals Three–Nineteen), filed July 

28, 2009, is granted. 

2. The Commission establishes Docket 

No. RM2009–10 to consider the matters 

raised by the Postal Service’s Petition. 

3. Interested persons may submit 

initial comments on or before August 

20, 2009. 

4. The Commission will determine the 

need for reply comments after review of 

the initial comments. 

5. Kenneth R. Moeller is designated to 

serve as the Public Representative 

representing the interests of the general 

public in this proceeding. 

6. The Secretary shall arrange for 

publication of this Notice in the Federal 

Register. 

Authority: 39 U.S.C. 3652. 

Issued: July 31, 2009. 

By the Commission. 

Judith M. Grady, 

Acting Secretary. 

[FR Doc. E9–19025 Filed 8–7–09; 8:45 am] 

BILLING CODE 7710–FW–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Adminsitration 

50 CFR Part 229 

[Docket No. 080721862–8864–01] 

RIN 0648–AW51 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Harbor Porpoise Take Reduction Plan 

Regulations 

Correction 

In proposed rule document E9–17190 

beginning on page 36058 in the issue of 

Tuesday, July 21, 2009, make the 

following correction: 

On page 36064, in the third column, 

before the heading Scientific Research, 

Figure 1, Figure 2, and Figure 3 were 

inadvertently deleted. The three figures 

are printed to read as set forth below: 


rmajette on DSK29S0YB1PROD with PROPOSALS