Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices 44881 

Establishment of Prices and Classifications for 

Inbound Direct Entry Contracts with Foreign Postal 

Administrations (Governors’ Decision No. 08–6), 

May 6, 2008. 

3See Docket Nos. MC2008–6, CP2008–14 and 

CP2008–15, Order Concerning Prices Under 

Inbound Direct Entry Contract With Certain Foreign 

Postal Administrations, September 4, 2008, at 8 

(Order No. 105). 

4More specifically, NZP is responsible for New 

Zealand’s compliance with international 

obligations, such as those relative to Express Mail 

Service (EMS). Compare with Notice, Attachment 2 

at 3, Article 6(3) (EMS and Air Parcels may not be 

commingled in sacks containing items under this 

Agreement). 

5The IDE service allows the Postal Service to 

provide foreign postal administrations with the 

ability to ship sacks of parcels that are pre-labeled 

for direct entry into the Postal Service’s mail stream 

in exchange for applicable domestic postage plus a 

sack handling fee. 

6See Order No. 105, at 8. 

7 Docket No. C2009–50, Notice of the United 

States Postal Service Filing of Functionally 

Equivalent Global Expedited Package Services 1 

Negotiated Service Agreement, July 15, 2009; see 

also Docket No. C2009–58, Notice of United States 

Postal Service Filing of Functionally Equivalent 

Global Expedited Package Services 1 Negotiated 

Service Agreement and Application for Non-Public 

Treatment of Materials Filed Under Seal, August 7, 

2009. 

8 Docket No. CP2009–50, United States Postal 

Service Response to Order No. 262 Concerning 

Termination Date of Additional Global Expedited 

Package Services 1 Negotiated Service Agreement 

and Request for Clarification, July 30, 2009. 

1Request of the United States Postal Service to 

Add Parcel Select & Parcel Return Service Contract 

2 to Competitive Product List and Notice of 

Establishment of Rates and Class Not of General 

Applicability, August 21, 2009 (Request). 

1–2. In Order No. 105, the Commission 

approved the individual IDE contracts 

in MC2008–6 as functionally equivalent 

and added the contracts to the 

Competitive Product List as one product 

under the IDE classification.3

The instant contract. The Postal 

Service filed the instant contract 

pursuant to 39 CFR 3015.5. The contract 

is with New Zealand Post Limited 

(NZP), the public postal administration 

for New Zealand.4 The contract term is 

one year from the effective date and may 

be automatically renewed for further 

periods unless the parties agree 

otherwise. Notice at 3. The Postal 

Service will notify the customer of the 

effective date of the contract within 30 

days after receiving all regulatory 

approvals. Id., Attachment 2, at 10, 

Article 19. 

In support of its Notice, the Postal 

Service filed four attachments as 

follows: 

1. Attachment 1—an application for 

non-public treatment of materials to 

maintain the contract and supporting 

documents under seal; 

2. Attachment 2—a redacted copy of 

the contract; 

3. Attachment 3—a certified 

statement required by 39 CFR 

3015.5(c)(2); and 

4. Attachment 4—a redacted copy of 

Governors’ Decision No. 08–6 which 

establishes prices and classifications for 

IDE contracts. 

Functional equivalency. The Postal 

Service asserts that the instant IDE 

contract is functionally equivalent to 

IDE contracts previously submitted 

because it shares similar cost and 

market characteristics and therefore, the 

contracts should be classified as a single 

product. Id. at 3–4.5 Further, it contends 

that the contract fits within the Mail 

Classification Schedule language for IDE 

contracts included with Governors’ 

Decision 08–6. Id. at 2. 

In addition, the Postal Service 

contends that the contract is in 

accordance with Order No. 105, which 

established the individual IDE contracts 

in Docket Nos. CP2008–14 and CP2008– 

15 as functionally equivalent and added 

the contracts to the competitive product 

list as one product under the IDE 

classification.6 It further asserts that the 

‘‘instant IDE Contract is virtually 

identical to that in Docket No. CP2009– 

41,’’ except for differences relating to 

the term, confidentiality, and payment 

account methods. Id. at 3–4. The Postal 

Service maintains that the differences 

do not affect the fundamental service 

being offered or the essential structure 

of the contracts. Id. at 4. 

Baseline treatment. The Postal Service 

requests that the instant contract be 

considered the baseline contract for 

future functional equivalency 

comparisons because future IDE 

contracts ‘‘are likely to resemble this 

contract in form and substance * * *’’ 

Id. at 2. The Postal Service has made a 

similar request in a recent filing.7 The 

matter is pending before the 

Commission on a request for 

clarification filed by the Postal Service.8

The Commission intends to address the 

issue in that proceeding in a subsequent 

order. 

II. Notice of Filing 

The Commission establishes Docket 

No. CP2009–62 for consideration of the 

matters related to the contract identified 

in the Postal Service’s Notice. 

Interested persons may submit 

comments on whether the instant 

contract is consistent with the policies 

of 39 U.S.C. 3632, 3633, or 3642. 

Comments are due no later than 

September 2, 2009. 

The public portions of these filings 

can be accessed via the Commission’s 

Web site (http://www.prc.gov). 

The Commission appoints Paul L. 

Harrington to serve as Public 

Representative in this docket. 

III. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

No. CP2009–62 for consideration of the 

issues raised in this docket. 

2. Comments by interested persons in 

these proceedings are due no later than 

September 2, 2009. 

3. Pursuant to 39 U.S.C. 505, Paul L. 

Harrington is appointed to serve as 

officer of the Commission (Public 

Representative) to represent the 

interests of the general public in these 

proceedings. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

Issued August 25, 2009. 

By the Commission. 

Judith M. Grady, 

Acting Secretary. 

[FR Doc. E9–20955 Filed 8–28–09; 8:45 am] 

BILLING CODE 7710–FW–P 

POSTAL REGULATORY COMMISSION 

[Docket Nos. MC2009–40 and CP2009–61; 

Order No. 288] 

Parcel Select & Parcel Return Service 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently-filed Postal Service request to 

add Parcel Select & Parcel Return 

Service Contract 2 to the Competitive 

Product List. The Postal Service has also 

filed a related contract. This notice 

addresses procedural steps associated 

with these filings. 

DATES: Comments are due September 2, 

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, 

at 202–789–6829 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

II. Notice of Filings 

III. Ordering Paragraphs 

I. Introduction 

On August 21, 2009, the Postal 

Service filed a formal request pursuant 

to 39 U.S.C. 3642 and 39 CFR 3020.30 

et seq. to add Parcel Select & Parcel 

Return Service Contract 2 to the 

Competitive Product List.1 The Postal 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
44882 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Notices 

2Attachment A to the Request is a redacted 

version of the Governors’ Decision authorizing the 

new product; Attachment B to the Request is the 

redacted version of the contract. Attachment C 

shows the requested changes to the Mail 

Classification Schedule product list. Attachment D 

provides a statement of supporting justification for 

this Request. Attachment E provides the 

certification of compliance with 39 U.S.C. 3633(a). 

Attachment F is the Postal Service’s Application for 

the treatment of Non-Public materials. 

Service asserts that Parcel Select & 

Parcel Return Service Contract 2 is a 

competitive product ‘‘not of general 

applicability’’ within the meaning of 39 

U.S.C. 3632(b)(3). The Request has been 

assigned Docket No. MC2009–40. 

The Postal Service 

contemporaneously filed a contract 

related to the proposed new product 

pursuant to 39 U.S.C. 3632(b)(3) and 39 

CFR 3015.5. The contract has been 

assigned Docket No. CP2009–61. 

Request. The Request includes (1) a 

redacted version of the Governors’ 

Decision authorizing the new product; 

(2) a redacted version of the contract; (3) 

requested changes in the Mail 

Classification Schedule product list; (4) 

a Statement of Supporting Justification 

as required by 39 CFR 3020.32; (5) a 

certification of compliance with 39 

U.S.C. 3633(a); and (6) an application 

for the non-public treatment of 

materials.2 Substantively, the Request 

seeks to add Parcel Select & Parcel 

Return Service Contract 2 to the 

Competitive Product List. Id. at 1–2. 

II. Notice of Filings 

The Commission establishes Docket 

Nos. MC2009–40 and CP2009–61 for 

consideration of the Request pertaining 

to the proposed Parcel Select & Parcel 

Return Service Contract 2 product and 

the related contract, respectively. In 

keeping with practice, these dockets are 

addressed on a consolidated basis for 

purposes of this Order; however, future 

filings should be made in the specific 

docket to which issues being addressed 

pertain. 

Interested persons may submit 

comments on whether the Postal 

Service’s filings in the captioned 

dockets are consistent with the policies 

of 39 U.S.C. 3632, 3633, or 3642 and 39 

CFR part 3015 and 39 CFR 3020 subpart 

B. Comments are due no later than 

September 2, 2009. The public portions 

of these filings can be accessed via the 

Commission’s Web site (http:// 

www.prc.gov). 

The Commission appoints Paul L. 

Harrington to serve as Public 

Representative in these dockets. 

III. Supplemental Information 

Pursuant to 39 CFR 3015.6, the 

Commission requests the Postal Service 

to provide the following supplemental 

information by August 31, 2009: 

1. In the Postal Service’s Application 

for Non-Public Treatment of Materials, 

section (3), the Postal Service states: 

‘‘However, in a limited number of cases, 

narrative passages or notes were 

redacted in their entirety due to the 

practical difficulties of redacting 

particular words or numbers within the 

text as presented in a spreadsheet 

format.’’ Request, Attachment F, at 3. In 

accordance with 39 CFR 3007.10(c), 

please indicate the number of lines or 

number of pages removed at each 

redaction; and 

2. The cost coverage in the Governors’ 

Decision differs from the calculated cost 

coverage in the accompanying 

spreadsheets filed under seal. Please 

explain this discrepancy. 

IV. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

Nos. MC2009–40 and CP2009–61 for 

consideration of the matter raised in 

each docket. 

2. Pursuant to 39 U.S.C. 505, Paul L. 

Harrington is appointed to serve as 

officer of the Commission (Public 

Representative) to represent the 

interests of the general public in these 

proceedings. 

3. The Postal Service is to provide the 

information requested in section III of 

this Order no later than August 31, 

2009. 

4. Comments by interested persons in 

these proceedings are due no later than 

September 2, 2009. 

5. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

Issued: August 25, 2009. 

By the Commission. 

Judith M. Grady, 

Acting Secretary. 

[FR Doc. E9–20934 Filed 8–28–09; 8:45 am] 

BILLING CODE 7710–FW–P 

POSTAL SERVICE 

Board of Governors; Sunshine Act 

Meeting; Board Votes To Close 

September 2, 2009, Meeting 

At its closed session meeting on 

August 4, 2009, the Board of Governors 

of the United States Postal Service voted 

unanimously to close to public 

observation its meeting to be held on 

September 2, 2009, in Washington, DC 

via teleconference. The Board 

determined that no earlier public notice 

was possible. 

Items Considered 

1. Financial Matters. 

2. Strategic Issues. 

3. Pricing. 

4. Personnel Matters and 

Compensation Issues. 

5. Governors’ Executive Session— 

discussion of prior agenda items and 

Board Governance. 

General Counsel Certification 

The General Counsel of the United 

States Postal Service has certified that 

the meeting is properly closed under the 

Government in the Sunshine Act. 

Contact Person for More Information 

Requests for information about the 

meeting should be addressed to the 

Secretary of the Board, Julie S. Moore, 

at (202) 268–4800. 

Julie S. Moore, 

Secretary. 

[FR Doc. E9–20952 Filed 8–27–09; 11:15 am] 

BILLING CODE 7710–12–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11851 and #11852] 

Kentucky Disaster #KY–00028 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a Notice of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the Commonwealth of Kentucky 

(FEMA–1855–DR), dated 08/24/2009. 

Incident: Severe Storms, Straight-line 

Winds, and Flooding. 

Incident Period: 08/04/2009. 

Effective Date: 08/24/2009. 

Physical Loan Application Deadline 

Date: 10/23/2009. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 05/24/2010. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: 

A. ESCOBAR, OFFICE OF DISASTER

ASSISTANCE, U.S. SMALL BUSINESS

ADMINISTRATION, 409 3RD STREET, SW., 

SUITE 6050, WASHINGTON, DC 20416. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that as a result of the 

President’s major disaster declaration on 

08/24/2009, Private Non-Profit 

organizations that provide essential 

services of governmental nature may file 

disaster loan applications at the address 

listed above or other locally announced 

locations. 


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