Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 41947 

1United States Postal Service Notice of MarketDominant Price Adjustment, August 11, 2009 

(Notice). The Postal Service also refers to the 

qualifying presorted pieces as non-parcel First-Class 

Mail. See, for example, Id. at 4. 

2This threshold is determined by computing the 

ratio of the October 1–December 31, 2008 nonparcel First-Class Mail presorted volume to the 

October 1–December 31, 2007 non-parcel FirstClass Mail presorted volume. The result is then 

multiplied by the company’s October 1–December 

31, 2008 non-parcel First-Class Mail presorted 

volume. Id. 

NRC staff guidance for reviewing and 

evaluating the safety, health, and 

environmental protection aspects of 

applications for licenses to possess and 

use SNM to produce nuclear reactor 

fuel. The licensing guidance revision is 

also intended to provide information 

needed to better risk-inform the 

preoperational readiness reviews. 

Specifically, items or features or aspects 

of the design identified during the 

licensing review as important, will be 

highlighted to verify compliance with 

specific commitments during the 

preoperational readiness reviews. 

The SRP has been updated to improve 

and enhance the guidance by providing 

increased clarity and definition in 

specific areas of the licensing program 

and adding additional guidance in areas 

where information was lacking or not 

suitably addressed. This effort was 

focused on improving both the clarity, 

and also consistency, of the SRP, with 

the Agency positions that support 

compliance with current regulations. In 

addition, this revision has been 

reformatted and reorganized to improve 

the consistency within the document. 

Dated at Rockville, Maryland this 12th day 

of August, 2009. 

For the Nuclear Regulatory Commission. 

Michael Tschiltz, 

Deputy Director, Fuel Facility Licensing 

Directorate, Division of Fuel Cycle Safety and 

Safeguards, Office of Nuclear Material Safety 

and Safeguards. 

[FR Doc. E9–19848 Filed 8–18–09; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket No. R2009–5; Order No. 276] 

Postal Service Price Changes 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: This document discusses the 

Commission’s establishment of a docket 

to a Postal Service request to adjust 

prices for a temporary First-Class Mail 

Incentive Program. 

DATES: Comments are due August 31, 

2009. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 and 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

II. Postal Service Filing 

III. Commission Action 

IV. Ordering Paragraphs 

I. Overview 

On August 11, 2009, the Postal 

Service filed with the Commission a 

notice announcing its intention, 

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

part 3010, to adjust prices for certain 

First-Class Mail presorted letters, flats 

and cards sent by qualifying mailers.1

The Postal Service characterizes the 

planned adjustment as a temporary 

First-Class Mail Incentive Program 

(Program) to spur volume growth during 

the current recession. Key elements of 

the Program include a 20 percent rebate 

on qualifying incremental volume; 

certain volume thresholds; and a 3- 

month duration, extending from October 

1, 2009 through December 31, 2009. Id. 

at 2–3. 

The Notice addresses plans for public 

notice; program description and 

administration; price cap compliance; 

statutory objectives and factors; 

workshare discounts; and impact on 

preferred rates. A schedule of the new 

temporary prices and conforming 

revisions to Mail Classification 

Schedule language appear in Appendix 

A to the Notice in compliance with 

Commission rules 3010.14(a)(1) and 

3010.14(b)(9). 

II. Postal Service Filing 

Program description. The Postal 

Service asserts that the proposed 

Program will give eligible companies a 

20 percent postage rebate on qualifying 

presort letter, flat and card volumes 

mailed between October 1, 2009 and 

December 31, 2009. Id. Qualifying 

volume is defined as a single company’s 

First-Class Mail volume over and above 

a predetermined threshold. Id. at 3. 

Eligibility; rebate threshold. To be 

eligible to participate in the Program, a 

company must have mailed 500,000 or 

more non-parcel First-Class Mail pieces 

between October 1 and December 31 in 

both 2007 and 2008 through companyowned permit accounts or through 

permits set up on the company’s behalf 

by a Mail Service Provider. Id. 

Participants must then exceed a 

company-specific threshold during 

October 1, 2009 through December 31, 

2009 to qualify for the incentive rebate.2

Incremental volume mailed by an 

eligible, participating company above 

the calculated threshold will earn a 20 

percent rebate. 

Rebate calculation; credit. The rebate 

will be calculated as the average 

revenue per piece for all eligible mail 

volume during the program period 

multiplied by the incremental volume 

above the threshold during the program 

period. It will be credited to the 

company’s permit trust account. Id. 

Program intent. The stated intent of 

the Program is to provide an incentive 

for customers to increase non-parcel 

First-Class Mail presorted volume above 

the volume they otherwise would have 

sent. To protect this core element of the 

Program, the Postal Service includes 

provisions to address the possibility of 

strategic shifting or withholding of 

volume. Id. at 4. 

Program administration. The Notice 

addresses several aspects of program 

administration, including methods for 

contacting eligible mailers; procedures 

for establishing company thresholds and 

crediting rebates to permit trust 

accounts; data collection and reporting 

(including filing some data under seal); 

financial impact; and risk. See generally 

id. at 4–8. 

Under the data collection plan, the 

Postal Service will submit Programrelated data to the Commission 90 days 

after the payment of incentive rebates. 

The Notice describes specific 

components of the plan, notes that some 

participant data will be filed under seal, 

and states that actual administrative 

costs will be identified. Id. at 6. 

With respect to the financial aspects 

of the Program, the Postal Service 

expects, based on the 20 percent rebate 

and the expressed interest of customers, 

a contribution increase of around $24 

million and a revenue increase, net of 

the 20 percent rebate, of $43 million. It 

anticipates new volume of about 103 

million pieces, which it says will 

generate about $31 million in additional 

revenue and $16 million in 

contribution. It also expects about 103 

million pieces to ‘‘buy up’’ from 

Standard Mail, providing an additional 

$12 million in revenue and $8 million 

in contribution. Id. at 7. Administrative 

costs are expected to total $809,000, and 

to be easily covered by the contribution 

generated from additional volume. Id. 

The Postal Service’s primary measure 

of success will be incremental revenue 

and volume growth over the threshold 

for participating customers, but 

qualitative aspects, such as the Postal 


jlentini on DSKJ8SOYB1PROD with NOTICES
41948 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 

Service’s ability to efficiently and 

effectively administer the program and 

customer feedback, also will be 

monitored. Id. at 5–6. 

Conformance with public notice and 

other requirements. In conformance 

with rule 3010.14(a), the Postal Service 

certifies that it will inform customers of 

the planned price adjustments in 

numerous ways. Id. at 1. In addition to 

the formal Notice filed with the 

Commission, these include notice via 

USPS.com, the Postal Explorer website, 

the DMM Advisory, the P&C Weekly, a 

press release, PCC Insider, MailPro, the 

Postal Bulletin, and the Federal Register. 

Id. at 1–2. The Postal Service identifies 

Greg Dawson as the official contact for 

Commission queries. Id. at 2. 

Impact on the price cap. The Postal 

Service proposes to treat the Program, 

for purposes of price cap compliance, in 

a manner it characterizes as 

‘‘mathematically analogous to the 

procedure described in Rule 3010.24.’’ 

Id. at 8. It explains that this means it 

intends to ignore the effect of the price 

decrease resulting from the program on 

the price cap for both future and current 

prices, and therefore has made no 

calculation of cap or price changes 

described in rule 3010.14(b)(1) through 

(4). Id. 

Statutory objectives and factors. The 

Notice further provides, in compliance 

with rules 3010.14(b)(5) through 

3010.14(b)(8), the Postal Service’s 

assessment of how the planned Program 

helps achieve the objectives of 39 U.S.C. 

3622(b) and properly takes into account 

the factors of 39 U.S.C. 3622(c). See 

generally id. at 8–13. With respect to 

statutory objectives, this includes the 

Postal Service’s conclusion that to a 

large extent, the establishment of the 

Program either does not substantially 

alter the degree to which the First-Class 

Mail prices already address the statutory 

objectives, or its belief that those 

objectives are addressed by the design of 

the system itself. Id. at 10. The Postal 

Service also observes that establishment 

of this Program, which is designed to 

encourage First-Class Mail presort 

letters, flats and cards volume growth 

during a recession, is an example of the 

increased flexibility provided to the 

Postal Service under the Postal 

Accountability and Enhancement Act 

(PAEA) of 2006. Id. It further states that 

the fact that the program will provide an 

incentive for profitable new mail and 

provide a boost to a key customer 

segment will enhance the financial 

position of the Postal Service. 

In terms of statutory factors, the Postal 

Service asserts that, as with the 

objectives, the establishment of the 

Program does not substantially alter the 

degree to which First-Class Mail prices 

address many of them. Id. at 12. It adds 

that the Program is ‘‘a prime example of 

how the Postal Service can utilize the 

pricing flexibility provided under the 

PAEA in order to encourage increased 

mail volume.’’ Id. It maintains that the 

Program will help to counteract the 

effect of the current recession on 

business mailers, and provide a boost to 

a key customer segment. It also says that 

although the rebates are material, the 

Program will not affect the ability of 

First-Class Mail to cover its attributable 

costs, and that as a result of the 

Program, First-Class Mail as a whole 

will make an increased contribution 

toward overhead costs. Id. at 12–13. 

Workshare discounts. The Postal 

Service states that to the extent the 

Program affects discounts between 

presort categories, it will shrink them, 

but asserts that the Program itself is not 

worksharing, nor should its effects be 

considered a modification of, or change 

to, First-Class Mail worksharing 

discounts. Id. at 13. It asserts that the 

Program is a temporary incentive 

intended to drive additional First-Class 

Mail presort volume and, as such, is not 

tied to any specific mail preparation or 

induction practice. Id. It suggests that 

the discounts, in this sense, are similar 

to the incremental discounts the 

Commission has approved in a number 

of negotiated service agreements or the 

IMb discount that will take effect in the 

fall. Id. 

Preferred rates. The Postal Service 

asserts that the Program will have no 

impact on any preferred rates. 

III. Commission Action 

Establishment of docket; comments. 

Pursuant to its rules implementing the 

PAEA, the Commission establishes 

Docket No. R2009–5 to consider all 

matters related to the Notice. 39 CFR 

3010.13(a). It also issues the instant 

Order to provide notice of the Postal 

Service’s filing. Therein, consistent with 

provision of a 20-day comment period, 

starting from the date the Postal Service 

filed its Notice, the Commission directs 

that comments are due no later than 

August 31, 2009. 39 CFR 3010.13(a)(5). 

Interested persons may express views 

and offer comments on whether the 

planned price adjustment is consistent 

with the policies of 39 U.S.C. 3622 and 

with applicable requirements of 39 CFR 

part 3010. 

Public representative. Commission 

rule 3010.13(a)(4), which implements 39 

U.S.C. 505, requires the Commission to 

identify, in its notice addressing the 

Postal Service’s filing, an officer of the 

Commission to represent the interests of 

the general public in this docket. In 

satisfaction of this requirement, the 

Commission appoints Richard A. Oliver. 

Other matters. Pursuant to rule 

3010.13(c), the Commission will issue 

its determination in this proceeding by 

September 14, 2009. 

IV. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

No. R2009–5 to consider matters raised 

in the Postal Service’s August 11, 2009 

filing. 

2. Interested persons may submit 

comments on the planned price 

adjustments. Comments are due August 

31, 2009. 

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

Commission appoints Richard A. Oliver 

to represent the interests of the general 

public in this proceeding. 

4. The Commission directs the 

Secretary of the Commission to arrange 

for prompt publication of this document 

in the Federal Register. 

By the Commission. 

Ann C. Fisher, 

Acting Secretary. 

[FR Doc. E9–19854 Filed 8–18–09; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Extension of Existing 

Collection; Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: Rule 17f–2(a), OMB Control No. 

3235–0034, SEC File No. 270–34. 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) is soliciting comments 

on the collection of information 

provided for in Rule 17f–2(a) (17 CFR 

240.17f–2(a) under the Securities 

Exchange Act of 1934 (15 U.S.C. 78a et 

seq.) (‘‘Exchange Act’’). The 

Commission plans to submit this 

existing collection of information to the 

Office of Management and Budget for 

extension and approval. 

Rule 17f–2(a) requires that securities 

professionals be fingerprinted. This 

requirement serves to identify security 

risk personnel, to allow an employer to 

make fully informed employment 

decisions, and to deter possible 

wrongdoers from seeking employment 

in the securities industry. Partners, 

directors, officers, and employees of 


jlentini on DSKJ8SOYB1PROD with NOTICES