Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 48613 

1Notice of the United States Postal Service of 

Filing Changes in Rates Not of General 

Applicability, July 28, 2009 (Notice). 

2See Docket Nos. MC2009–10 and CP2009–12, 

Order Adding Inbound International Expedited 

Services 2 to Competitive Product List, December 

31, 2008 (Order No. 162). 

Fracture Toughness Requirements 

for Protection Against Pressurized 

Thermal Shock Events (10 CFR 

50.61a) (RIN 3150–A101) 

(Tentative). 

This meeting will be Webcast live at 

the Web address—http://www.nrc.gov. 

9:30 a.m. 

Periodic Briefing on New Reactor 

Issues—Progress in Resolving 

Inspections, Tests, Analysis, and 

Acceptance Criteria (ITAAC) 

Closure (Public Meeting). (Contact: 

Debby Johnson, 301–415–1415.) 

This meeting will be Webcast live at 

the Web address—www.nrc.gov. 

Week of September 28, 2009—Tentative 

Tuesday, September 29, 2009 

1:30 p.m. 

NRC All Employees Meeting (Public 

Meeting), 

Marriott Bethesda North Hotel, 5701 

Marinelli Road, Rockville, MD 

20852. 

Wednesday, September 30, 2009 

9:30 a.m. 

Discussion of Management Issues 

(Closed—Ex. 2). 

Week of October 5, 2009—Tentative 

There are no meetings scheduled for 

the week of October 5, 2009. 

Week of October 12, 2009—Tentative 

There are no meetings scheduled for 

the week of October 12, 2009. 

Week of October 19, 2009—Tentative 

There are no meetings scheduled for 

the week of October 19, 2009. 

Week of October 26, 2009—Tentative 

There are no meetings scheduled for 

the week of October 26, 2009. 

* * * * * 

*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. 

* * * * * 

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 the 

NRC’s Disability Program Coordinator, 

Rohn Brown, at 301–492–2279, TDD: 

301–415–2100, or by e-mail at 

rohn.brown@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: September 17, 2009. 

Rochelle C. Bavol, 

Office of the Secretary. 

[FR Doc. E9–23025 Filed 9–21–09; 4:15 pm] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket No. CP2009–57; Order No. 281] 

International Mail 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice 

SUMMARY: The Commission is adding 

Inbound International Expedited 

Services 2 to the Competitive Product 

List. This action is consistent with 

changes in a recent law governing postal 

operations. 

DATES: Effective September 23, 2009 and 

is applicable beginning August 19, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 and 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: Regulatory 

History, 74 FR 37739 (July 29, 2009). 

I. Introduction 

II. Background 

III. Comments 

IV. Commission Analysis 

V. Ordering Paragraphs 

I. Introduction 

The Postal Service proposes a change 

in rates not of general applicability for 

Inbound International Expedited 

Services 2. For the reasons discussed 

below, the Commission approves the 

Postal Service’s proposal. 

II. Background 

On July 28, 2009, the Postal Service 

filed a notice announcing changes in 

rates not of general applicability for 

Inbound International Expedited 

Services 2 effective January 1, 2010.1

The Postal Service attached a redacted 

copy of the 2010 rates and a certified 

statement establishing compliance with 

39 U.S.C. 3633 and 39 CFR 3015.5(c)(2) 

to the Notice as Attachments 1 and 2, 

respectively. Id. at 2. The Postal Service 

also submitted as Attachment 3 a listing 

of countries in each pricing tier and 

incorporated by reference the 

description of Inbound International 

Expedited Services 2 contained in its 

supporting documentation filed in 

Docket Nos. MC2009–10 and CP2009– 

12. The Postal Service submitted the 

rates, related financial information, and 

certified statement required by 39 CFR 

3015.5(c)(2) under seal. 

The Notice states that in Docket No. 

MC2009–10, the Governors established 

prices and classifications not of general 

applicability for Inbound Express Mail 

International (EMS). W. Ashley Lyons, 

Manager, Regulatory Reporting and Cost 

Analysis, Finance Department certifies 

that the prices are in compliance with 

the price floor and ceiling formulas set 

forth in Governors’ Decision No. 08–20 

and 39 U.S.C. 3633(a). See id., 

Attachment 2. In Order No. 162, the 

Commission added Inbound 

International Expedited Services 2 to 

the Competitive Product List as a new 

product under Express Mail, Inbound 

International Expedited Services.2 The 

rates took effect on January 1, 2009. 

In accordance with the provisions of 

the EMS Cooperative of the Universal 

Postal Union (UPU), rates for the 

delivery of inbound Express Mail 

International must be communicated to 

the UPU by August 31 of the year before 

which they are to take effect. As a 

member of the EMS Cooperative, the 

Postal Service may not change its rates 

for the coming year after August 31. In 

Order No. 162, the Commission raised 

concerns with filing these rates with the 

Commission after August 31, even 

though they do not take effect until 

January 1 of the following year. The 

Commission indicated that if a product 

is found to violate the Postal 

Accountability and Enhancement Act 

(PAEA), e.g., does not satisfy section 

3633(a)(2), the Postal Service may be 

without a suitable remedy until the rate 

change is permitted for the following 

year. Id. at 9. The Commission, 

therefore, appreciates the Postal 

Service’s filing the 2010 rates well in 

advance of the August 31, 2009 UPU 

deadline. 

In its Notice, the Postal Service 

indicates that the rates to take effect in 

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48614 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 

3The Postal Service states it expects that all 

members of the EMS Cooperative will participate in 

the Pay-for-Performance Plan. Therefore, the former 

three-tier rate structure is now consolidated into 

two tiers. 

4Notice and Order Concerning Filing of Changes 

in Rates for Inbound International Expedited 

Services 2, August 4, 2009 (Order No. 271). 

5Response of the United States Postal Service to 

Order No. 271, Notice of Filing Requested Materials 

Filed Under Seal, August 10, 2009. 

6Public Representative Comments in Response to 

United States Postal Service Notice of Filing 

Changes for Inbound International Expedited 

Services 2, August 13, 2009 (Public Representative 

Comments). The Public Representative filed an 

accompanying Motion of the Public Representative 

for Late Acceptance of Comments in Response to 

United States Postal Service Notice of Filing 

Changes for Inbound International Expedited 

Services 2, August 13, 2009. The motion is granted. 

2010 are divided into two tiers.3 Tier 

one applies to postal operators with a 

performance level agreement, such as 

EMS Pay-for-Performance Plan 

participants and Kahala Posts Group 

members. Tier two applies to all other 

postal operators that transmit EMS to 

the United States. Notice at 2–3. The 

Postal Service provided a listing of 

countries in each tier, noting that this 

list may be subject to change on January 

1, 2010. Id. at 3 and Attachment 3. 

The Postal Service states that the 

China Post Group, whose inbound EMS 

rates were established by a bilateral 

agreement approved by the Commission 

in Docket Nos. CP2008–6 and CP2008– 

7, is expected to join Tier 1. Id. at 3. The 

parties have agreed that the bilateral 

agreement will expire at the end of the 

1-year term. Id. 

The Postal Service maintains that the 

rates, related financial information, and 

certain portions of the certified 

statement required by 39 CFR 

3015.5(c)(2), should remain under seal. 

Id. at 4. 

In Order No. 271, the Commission 

gave notice of the docket, appointed a 

Public Representative, requested 

supplemental information pursuant to 

39 CFR 3015.6, and provided the public 

an opportunity to comment.4

The Postal Service submitted 

responses to the Commission’s request 

for supplemental information on August 

10, 2009.5 In Order No. 271, among 

other things, the Commission requested 

the Postal Service to provide 

supplemental information including the 

2010 EMS Pay-for-Performance Plan. 

The Postal Service response indicated 

this information was not yet available. 

On August 12, 2009, Chairman’s 

Information Request No. 1 (CHIR No. 1) 

was issued requesting the 2009 EMS 

Pay-for-Performance Plan by August 14, 

2009. On August 13, 2009, the Postal 

Service provided its response to CHIR 

No. 1 under seal. 

III. Comments 

Comments were filed by the Public 

Representative.6 No other interested 

parties submitted comments. The Public 

Representative states that each element 

of 39 U.S.C. 3633(a) appears to be met 

by the proposed Inbound International 

Expedited Services 2 rate proposal. Id. 

at 2. He further states that the Postal 

Service has provided adequate 

justification for maintaining 

confidentiality in this case. Id. at 2–3. 

The Public Representative observes that 

the rates have been filed in a timely 

manner for the Commission’s review 

and to permit notification to the UPU 

prior to the effective date. Additionally, 

he notes that the instant notice provides 

a current projection based upon the 

most recent information available and 

that the participation of the other postal 

administrations in the pricing structure 

may be subject to change. Id. at 4–5. The 

Public Representative concludes that 

the Notice comports with 39 CFR 3015, 

39 U.S.C. 3632 and 3642. 

IV. Commission Analysis 

The Commission has reviewed the 

Notice, the supplemental information, 

and the comments filed by the Public 

Representative. 

Statutory requirements. Planned price 

changes for competitive products are 

reviewed pursuant to 39 U.S.C. 3633(a) 

and Commission regulations under 39 

CFR 3015, which implements section 

3633. In brief, these statutory and 

regulatory provisions require each 

competitive product to cover its 

attributable costs (39 U.S.C. 3633(a)(2)), 

prohibit the subsidization of 

competitive products by market 

dominant products (39 U.S.C. 

3633(a)(1)), and require that competitive 

products collectively make an 

appropriate contribution to the recovery 

of the Postal Service’s total institutional 

costs. 

Based on the information provided, 

the Commission finds that the proposed 

rates cover attributable costs, should not 

lead to the subsidization of competitive 

products by market dominant products 

(39 U.S.C. 3633(a)(1)), and should have 

a positive effect on competitive 

products’ contribution to institutional 

costs (39 U.S.C.3633(a)(3). Thus, a 

preliminary review of the proposed 

rates indicate that the rates comport 

with the provisions applicable to rates 

for competitive products. 

Other considerations. The Postal 

Service is directed to provide the 

Commission with the 2010 EMS Pay-forPerformance Plan once it is approved by 

the EMS Cooperative of the UPU. 

Based on the record in this 

proceeding, the Commission finds that 

the proposed rates for Inbound 

International Expedited Services 2 are 

in accord with the relevant statutory 

and regulatory requirements of 39 

U.S.C. 3633(a) and 39 CFR 3015.7. 

V. Ordering Paragraphs 

It is ordered: 

1. The proposed rates for Inbound 

International Expedited Services 2 will 

take effect January 1, 2010 are in 

accordance with the relevant statutory 

and regulatory requirements of 39 

U.S.C. 3633(a) and 39 CFR 3015.7. 

2. The Postal Service is directed to 

provide the Commission the 2010 EMS 

Pay-for-Performance Plan as discussed 

in this order within 30 days after 

adoption by the EMS Cooperative of the 

Universal Postal Union. 

3. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

Issued: August 19, 2009. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. E9–22862 Filed 9–22–09; 8:45 am] 

BILLING CODE 7710–FW–P 

SMALL BUSINESS ADMINISTRATION 

Reporting and Recordkeeping 

Requirements Under OMB Review 

AGENCY: Small Business Administration. 

ACTION: Notice of reporting requirements 

submitted for OMB review. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35), agencies are required to 

submit proposed reporting and 

recordkeeping requirements to OMB for 

review and approval, and to publish a 

notice in the Federal Register notifying 

the public that the agency has made 

such a submission. 

DATES: Submit comments on or before 

October 23, 2009. If you intend to 

comment but cannot prepare comments 

promptly, please advise the OMB 

Reviewer and the Agency Clearance 

Officer before the deadline. 

Copies: Request for clearance (OMB 

83–1), supporting statement, and other 

documents submitted to OMB for 

review may be obtained from the 

Agency Clearance Officer. 

ADDRESSES: Address all comments 

concerning this notice to: Agency 

Clearance Officer, Jacqueline White, 

Small Business Administration, 409 3rd 

Street, SW., 5th Floor, Washington, DC 

20416; and OMB Reviewer, Office of 

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