6230 Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / Rules and Regulations 

1Request of the United States Postal Service to 

Add Express Mail Contract 3 to Competitive 

Product List and Notice of Establishment of Rates 

and Class Not of General Applicability, December 

31, 2008 (Request). 

2Attachment A to the Request. The analysis that 

accompanies the Governors’ Decision notes, among 

other things, that the contract is not risk free, but 

concludes that the risks are manageable. 

3Attachment B to the Request. 

4Attachment C to the Request. 

5Attachment D to the Request. 

6Attachment E to the Request. 

7PRC Order No. 165, Notice and Order 

Concerning Express Mail Contract 3 Negotiated 

Service Agreement, January 5, 2009 (Order No. 

165). 

8Public Representative Comments in Response to 

United States Postal Service Request to Add 

Express Mail Contract 3 to Competitive Product 

List, January 15, 2009 (Public Representative 

Comments). 

Vessel openings will be provided each 

day from 8 a.m. to 5 p.m. on February 

5, 2009, and from April 1 to April 3, 

2009, if at least two hours’ notice is 

given. 

The Coast Guard will inform the users 

of the waterway through our Local and 

Broadcast Notices to Mariners of the 

opening restrictions of the draw span to 

minimize transiting delays caused by 

the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: January 21, 2009. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. E9–2498 Filed 2–5–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket Nos. MC2009–15 and CP2009–21; 

Order No. 176] 

New Domestic Mail Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adding 

Express Mail Contract 3 to the 

Competitive Product List. This action is 

consistent with changes in a recent law 

governing postal operations and a recent 

Postal Service request. Republication of 

the lists of market dominant and 

competitive products is also consistent 

with new requirements in the law. 

DATES: Effective February 6, 2009, and 

is applicable beginning January 27, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 and 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: Regulatory 

History, 74 FR 1262 (January 12, 2009). 

The Postal Service seeks to add a new 

product identified as Express Mail 

Contract 3 to the Competitive Product 

List. For the reasons discussed below, 

the Commission approves the Request. 

I. Background 

On December 31, 2008, the Postal 

Service filed a formal request pursuant 

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

et seq. to add Express Mail Contract 3 

to the Competitive Product List.1 The 

Postal Service asserts that the Express 

Mail Contract 3 product is a competitive 

product ‘‘not of general applicability’’ 

within the meaning of 39 U.S.C. 

3632(b)(3). This Request has been 

assigned Docket No. MC2009–15. 

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. CP2009–21. 

In support of its Request, the Postal 

Service filed the following materials: (1) 

A redacted version of the Governors’ 

Decision authorizing the new product 

which also includes an analysis of 

Express Mail Contract 3 and 

certification of the Governors’ vote; 2 (2) 

a redacted version of the contract 

which, among other things, provides 

that the contract will expire 1 year from 

the effective date, which is proposed to 

be the day the Commission issues all 

regulatory approvals; 3 (3) requested 

changes in the Mail Classification 

Schedule product list; 4 (4) a Statement 

of Supporting Justification as required 

by 39 CFR 3020.32; 5 and (5) 

certification of compliance with 39 

U.S.C. 3633(a).6

In the Statement of Supporting 

Justification, Kim Parks, Manager, Sales 

and Communications, Expedited 

Shipping, asserts that the service to be 

provided under the contract will cover 

its attributable costs, make a positive 

contribution to coverage of institutional 

costs, and will increase contribution 

toward the requisite 5.5 percent of the 

Postal Service’s total institutional costs. 

Request, Attachment D, at 1. W. Ashley 

Lyons, Manager, Corporate Financial 

Planning, Finance Department, certifies 

that the contract complies with 39 

U.S.C. 3633(a). See id. Attachment E. 

The Postal Service filed much of the 

supporting materials, including the 

unredacted Governors’ Decision and the 

unredacted Express Mail Contract 3, 

under seal. In its Request, the Postal 

Service maintains that the contract and 

related financial information, including 

the customer’s name and the 

accompanying analyses that provide 

prices, terms, conditions, and financial 

projections, should remain confidential. 

Id. at 2–3. It further believes that it 

would be inappropriate in this case to 

redact information through the 

‘‘blackout’’ method since it could 

provide information or clues about the 

name of the customer, the length and 

breadth of price charts, the complexity 

of annual adjustment mechanisms, or 

other similar sensitive information. 

Accordingly, it redacts the sensitive 

information using ellipses. Id. at 3. 

In Order No. 165, the Commission 

gave notice of the two dockets, 

appointed a public representative, and 

provided the public with an opportunity 

to comment.7

II. Comments 

Comments were filed by the Public 

Representative.8 No filings were 

submitted by other interested parties. 

The Public Representative states that the 

Postal Service’s filing complies with 

applicable Commission rules of practice 

and procedure, and concludes that the 

Express Mail Contract 3 agreement 

comports with the requirements of title 

39. Public Representative Comments at 

4. He further states that the agreement 

appears beneficial to the general public. 

Id. at 1. He notes that the Postal Service 

redacted information using ellipses 

rather than by the ‘‘blackout’’ method 

because the blackout method might 

provide information or clues regarding 

the name of the customer, the length 

and breadth of the price charts, the 

complexity of annual adjustment 

mechanisms, or other similar sensitive 

information. He believes that in this 

case the increased care might be 

warranted, but suggests that the 

Commission address this issue in its 

forthcoming rules regarding treatment of 

confidential information in Docket No. 

RM2008–1. 

III. Commission Analysis 

The Commission has reviewed the 

Request, the contract, the financial 

analysis provided under seal that 

accompanies it, and the comments filed 

by the Public Representative. 

Statutory requirements. The 

Commission’s statutory responsibilities 

in this instance entail assigning Express 

Mail Contract 3 to either the Market 

Dominant Product List or to the 

Competitive Product List. 39 U.S.C. 


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Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / Rules and Regulations 6231 

9 In this case, for example, the Postal Service 

states that the use of graphical redactions could 

provide information or clues on (1) the name of the 

customer; (2) the length and breadth of price charts; 

(3) the complexity of the annual adjustment 

mechanisms; and (4) other similar sensitive 

information. Request at 3. It offers no support for 

its position. 

3642. As part of this responsibility, the 

Commission also reviews the proposal 

for compliance with the Postal 

Accountability and Enhancement Act 

(PAEA) requirements. This includes, for 

proposed competitive products, a 

review of the provisions applicable to 

rates for competitive products. 39 U.S.C. 

3633. 

Product list assignment. In 

determining whether to assign Express 

Mail Contract 3 as a product to the 

Market Dominant Product List or the 

Competitive Product List, the 

Commission must consider whether 

the Postal Service exercises sufficient market 

power that it can effectively set the price of 

such product substantially above costs, raise 

prices significantly, decrease quality, or 

decrease output, without risk of losing a 

significant level of business to other firms 

offering similar products. 

39 U.S.C. 3642(b)(1). If so, the product 

will be categorized as market dominant. 

The competitive category of products 

shall consist of all other products. 

The Commission is further required to 

consider the availability and nature of 

enterprises in the private sector engaged 

in the delivery of the product, the views 

of those who use the product, and the 

likely impact on small business 

concerns. 39 U.S.C. 3642(b)(3). 

The Postal Service asserts that its 

bargaining position is constrained by 

the existence of other shippers who can 

provide similar services, thus 

precluding it from taking unilateral 

action to increase prices without the 

risk of losing volume to private 

companies. Request, Attachment D, 

para. (d). The Postal Service also 

contends that it may not decrease 

quality or output without risking the 

loss of business to competitors that offer 

similar expedited delivery services. Id. 

It further states that the contract partner 

supports the addition of the contract to 

the Competitive Product List to 

effectuate the negotiated contractual 

terms. Id. at para. (g). Finally, the Postal 

Service states that the market for 

expedited delivery services is highly 

competitive and requires a substantial 

infrastructure to support a national 

network. It indicates that large carriers 

serve this market. Accordingly, the 

Postal Service states that it is unaware 

of any small business concerns that 

could offer comparable service for this 

customer. Id. at para. (h). 

No commenter opposes the proposed 

classification of Express Mail Contract 3 

as competitive. Having considered the 

statutory requirements and the support 

offered by the Postal Service, the 

Commission finds that Express Mail 

Contract 3 is appropriately classified as 

a competitive product and should be 

added to the Competitive Product List. 

Cost considerations. The Postal 

Service’s financial analysis shows that 

Express Mail Contract 3 results in cost 

savings while ensuring that the contract 

covers its attributable costs, does not 

result in subsidization of competitive 

products by market dominant products, 

and increases contribution from 

competitive products. The contract is 

predicated on unit costs for major mail 

functions, e.g., window service, mail 

processing, and transportation, based on 

the shipper’s mail characteristics. 

The Commission notes that in 

evaluating costs under a prospective 

contract compared to the average, the 

Postal Service should take into account 

all departures from average cost that 

may be due to services provided under 

the contract. The failure to do so, while 

having no material effect on the 

underlying financial analysis of the 

contract in this instance, hampers the 

timely review of the Postal Service’s 

financial analysis. See PRC Order No. 

138, November 20, 2008, at 6–7. 

Based on the data submitted, the 

Commission finds that Express Mail 

Contract 3 should cover its attributable 

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

initial review of the proposed Express 

Mail Contract 3 indicates that it 

comports with the provisions applicable 

to rates for competitive products. 

Redactions. The Public 

Representative helpfully suggests that 

the Postal Service’s method to redact 

certain sensitive information could be 

addressed in more detail in Docket No. 

RM2008–1. It is the Commission’s 

understanding that the Postal Service 

now has the technology to use 

graphical, black box redaction methods. 

See Dockets No. MC2009–6 and 

CP2009–7, Public Representative 

Comments in Response to Order No. 

125, November 10, 2008 at 10. Graphical 

redactions (as opposed to ellipses) are 

the most easily understandable form of 

redaction. 

As a general matter, it is not apparent 

how graphical redaction methods could 

have resulted in harm to the Postal 

Service. If, nonetheless, the Postal 

Service chooses to use ellipses, it 

should more fully justify (under seal if 

necessary) the use of that method, 

including how graphical redactions 

compromise the confidentiality of the 

information submitted and can cause 

harm to the Postal Service.9

Other considerations. The Postal 

Service shall promptly notify the 

Commission of the scheduled 

termination date of the agreement. If the 

agreement terminates earlier than 

anticipated, the Postal Service shall 

inform the Commission prior to the new 

termination date. The Commission will 

then remove the product from the Mail 

Classification Schedule at the earliest 

possible opportunity. 

In conclusion, the Commission 

approves Express Mail Contract 3 as a 

new product. The revision to the 

Competitive Product List is shown 

below the signature of this Order and is 

effective upon issuance of this order. 

IV. Ordering Paragraphs 

It is Ordered: 

1. Express Mail Contract 3 (MC2009– 

15 and CP2009–21) is added to the 

Competitive Product List as a new 

product under Negotiated Service 

Agreements, Domestic. 

2. The Postal Service shall notify the 

Commission of the scheduled 

termination date, and update the 

Commission if the termination date 

changes for either contract as discussed 

in this order. 

3. The Secretary shall arrange for the 

publication of this order in the Federal 

Register. 

List of Subjects in 39 CFR Part 3020 

Administrative practice and 

procedure, Postal Service. 

Dated: January 27, 2009. 

By the Commission. 

Steven W. Williams, 

Secretary. 

■ For the reasons stated in the preamble, 

under the authority at 39 U.S.C. 503, the 

Postal Regulatory Commission amends 

39 CFR part 3020 as follows: 

PART 3020—PRODUCT LISTS 

■ 1. The authority citation for part 3020 

continues to read as follows: 

Authority: 39 U.S.C. 503; 3622; 3631; 3642; 

3682. 

■ 2. Revise Appendix A to subpart A of 

part 3020—Mail Classification Schedule 

to read as follows: 


dwashington3 on PROD1PC60 with RULES
6232 Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / Rules and Regulations 

APPENDIX A TO SUBPART A OF 

SUBPART A OF PART 3020—MAIL 

CLASSIFICATION SCHEDULE 

Part A—Market Dominant Products 

1000 Market Dominant Product List 

First-Class Mail 

Single-Piece Letters/Postcards 

Bulk Letters/Postcards 

Flats 

Parcels 

Outbound Single-Piece First-Class Mail 

International 

Inbound Single-Piece First-Class Mail 

International 

Standard Mail (Regular and Nonprofit) 

High Density and Saturation Letters 

High Density and Saturation Flats/Parcels 

Carrier Route 

Letters 

Flats 

Not Flat-Machinables (NFMs)/Parcels 

Periodicals 

Within County Periodicals 

Outside County Periodicals 

Package Services 

Single-Piece Parcel Post 

Inbound Surface Parcel Post (at UPU rates) 

Bound Printed Matter Flats 

Bound Printed Matter Parcels 

Media Mail/Library Mail 

Special Services 

Ancillary Services 

International Ancillary Services 

Address List Services 

Caller Service 

Change-of-Address Credit Card 

Authentication 

Confirm 

International Reply Coupon Service 

International Business Reply Mail Service 

Money Orders 

Post Office Box Service 

Negotiated Service Agreements 

HSBC North America Holdings Inc. 

Negotiated Service Agreement 

Bookspan Negotiated Service Agreement 

Bank of America Corporation Negotiated 

Service Agreement 

The Bradford Group Negotiated Service 

Agreement 

Inbound International 

Canada Post—United States Postal Service 

Contractual Bilateral Agreement for 

Inbound 

Market Dominant Services 

Market Dominant Product Descriptions 

First-Class Mail 

[Reserved for Class Description] 

Single-Piece Letters/Postcards 

[Reserved for Product Description] 

Bulk Letters/Postcards 

[Reserved for Product Description] 

Flats 

[Reserved for Product Description] 

Parcels 

[Reserved for Product Description] 

Outbound Single-Piece First-Class Mail 

International 

[Reserved for Product Description] 

Inbound Single-Piece First-Class Mail 

International 

[Reserved for Product Description] 

Standard Mail (Regular and Nonprofit) 

[Reserved for Class Description] 

High Density and Saturation Letters 

[Reserved for Product Description] 

High Density and Saturation Flats/Parcels 

[Reserved for Product Description] 

Carrier Route 

[Reserved for Product Description] 

Letters 

[Reserved for Product Description] 

Flats 

[Reserved for Product Description] 

Not Flat-Machinables (NFMs)/Parcels 

[Reserved for Product Description] 

Periodicals 

[Reserved for Class Description] 

Within County Periodicals 

[Reserved for Product Description] 

Outside County Periodicals 

[Reserved for Product Description] 

Package Services 

[Reserved for Class Description] 

Single-Piece Parcel Post 

[Reserved for Product Description] 

Inbound Surface Parcel Post (at UPU rates) 

[Reserved for Product Description] 

Bound Printed Matter Flats 

[Reserved for Product Description] 

Bound Printed Matter Parcels 

[Reserved for Product Description] 

Media Mail/Library Mail 

[Reserved for Product Description] 

Special Services 

[Reserved for Class Description] 

Ancillary Services 

[Reserved for Product Description] 

Address Correction Service 

[Reserved for Product Description] 

Applications and Mailing Permits 

[Reserved for Product Description] 

Business Reply Mail 

[Reserved for Product Description] 

Bulk Parcel Return Service 

[Reserved for Product Description] 

Certified Mail 

[Reserved for Product Description] 

Certificate of Mailing 

[Reserved for Product Description] 

Collect on Delivery 

[Reserved for Product Description] 

Delivery Confirmation 

[Reserved for Product Description] 

Insurance 

[Reserved for Product Description] 

Merchandise Return Service 

[Reserved for Product Description] 

Parcel Airlift (PAL) 

[Reserved for Product Description] 

Registered Mail 

[Reserved for Product Description] 

Return Receipt 

[Reserved for Product Description] 

Return Receipt for Merchandise 

[Reserved for Product Description] 

Restricted Delivery 

[Reserved for Product Description] 

Shipper-Paid Forwarding 

[Reserved for Product Description] 

Signature Confirmation 

[Reserved for Product Description] 

Special Handling 

[Reserved for Product Description] 

Stamped Envelopes 

[Reserved for Product Description] 

Stamped Cards 

[Reserved for Product Description] 

Premium Stamped Stationery 

[Reserved for Product Description] 

Premium Stamped Cards 

[Reserved for Product Description] 

International Ancillary Services 

[Reserved for Product Description] 

International Certificate of Mailing 

[Reserved for Product Description] 

International Registered Mail 

[Reserved for Product Description] 

International Return Receipt 

[Reserved for Product Description] 

International Restricted Delivery 

[Reserved for Product Description] 

Address List Services 

[Reserved for Product Description] 

Caller Service 

[Reserved for Product Description] 

Change-of-Address Credit Card 

Authentication 

[Reserved for Product Description] 

Confirm 

[Reserved for Product Description] 

International Reply Coupon Service 

[Reserved for Product Description] 

International Business Reply Mail Service 

[Reserved for Product Description] 

Money Orders 

[Reserved for Product Description] 

Post Office Box Service 

[Reserved for Product Description] 

Negotiated Service Agreements 

[Reserved for Class Description] 

HSBC North America Holdings Inc. 

Negotiated Service Agreement 

[Reserved for Product Description] 

Bookspan Negotiated Service Agreement 

[Reserved for Product Description] 

Bank of America Corporation Negotiated 

Service Agreement 

The Bradford Group Negotiated Service 

Agreement 

Part B—Competitive Products 

Competitive Product List 

Express Mail 

Express Mail 

Outbound International Expedited Services 

Inbound International Expedited Services 

Inbound International Expedited Services 1 

(CP2008–7) 

Inbound International Expedited Services 2 

(MC2009–10 and CP2009–12) 

Priority Mail 

Priority Mail 

Outbound Priority Mail International 

Inbound Air Parcel Post 

Parcel Select 

Parcel Return Service 

International 

International Priority Airlift (IPA) 

International Surface Airlift (ISAL) 

International Direct Sacks—M-Bags 

Global Customized Shipping Services 

Inbound Surface Parcel Post (at non-UPU 

rates) 

Canada Post—United States Postal Service 

Contractual Bilateral Agreement for 

Inbound Competitive Services (MC2009– 

8 and CP2009–9) 

International Money Transfer Service 

International Ancillary Services 

Special Services 

Premium Forwarding Service 

Negotiated Service Agreements 

Domestic 

Express Mail Contract 1 (MC2008–5) 

Express Mail Contract 2 (MC2009–3 and 

CP2009–4) 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / Rules and Regulations 6233 

Express Mail Contract 3 (MC2009–15 and 

CP2009–21) 

Express Mail & Priority Mail Contract 1 

(MC2009–6 and CP2009–7) 

Express Mail & Priority Mail Contract 2 

(MC2009–12 and CP2009–14) 

Express Mail & Priority Mail Contract 3 

(MC2009–13 and CP2009–17) 

Parcel Return Service Contract 1 (MC2009– 

1 and CP2009–2) 

Priority Mail Contract 1 (MC2008–8 and 

CP2008–26) 

Priority Mail Contract 2 (MC2009–2 and 

CP2009–3) 

Priority Mail Contract 3 (MC2009–4 and 

CP2009–5) 

Priority Mail Contract 4 (MC2009–5 and 

CP2009–6) 

Outbound International 

Global Direct Contracts (MC2009–9, 

CP2009–10, and CP2009–11) 

Global Expedited Package Services (GEPS) 

Contracts 

GEPS 1 (CP2008–5, CP2008–11, CP2008– 

12, and CP2008–13, CP2008–18, 

CP2008–19, CP2008–20, CP2008–21, 

CP2008–22, CP2008–23, and CP2008–24) 

Global Plus Contracts 

Global Plus 1 (CP2008–9 and CP2008–10) 

Global Plus 2 (MC2008–7, CP2008–16 and 

CP2008–17) 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

(MC2008–6, CP2008–14 and CP2008–15) 

Competitive Product Descriptions 

Express Mail 

[Reserved for Group Description] 

Express Mail 

[Reserved for Product Description] 

Outbound International Expedited Services 

[Reserved for Product Description] 

Inbound International Expedited Services 

[Reserved for Product Description] 

Priority 

[Reserved for Product Description] 

Priority Mail 

[Reserved for Product Description] 

Outbound Priority Mail International 

[Reserved for Product Description] 

Inbound Air Parcel Post 

[Reserved for Product Description] 

Parcel Select 

[Reserved for Group Description] 

Parcel Return Service 

[Reserved for Group Description] 

International 

[Reserved for Group Description] 

International Priority Airlift (IPA) 

[Reserved for Product Description] 

International Surface Airlift (ISAL) 

[Reserved for Product Description] 

International Direct Sacks—M-Bags 

[Reserved for Product Description] 

Global Customized Shipping Services 

[Reserved for Product Description] 

International Money Transfer Service 

[Reserved for Product Description] 

Inbound Surface Parcel Post (at non-UPU 

rates) 

[Reserved for Product Description] 

International Ancillary Services 

[Reserved for Product Description] 

International Certificate of Mailing 

[Reserved for Product Description] 

International Registered Mail 

[Reserved for Product Description] 

International Return Receipt 

[Reserved for Product Description] 

International Restricted Delivery 

[Reserved for Product Description] 

International Insurance 

[Reserved for Product Description] 

Negotiated Service Agreements 

[Reserved for Group Description] 

Domestic 

[Reserved for Product Description] 

Outbound International 

[Reserved for Group Description] 

Part C—Glossary of Terms and Conditions 

[Reserved] 

Part D—Country Price Lists for International 

Mail [Reserved] 

[FR Doc. E9–2487 Filed 2–5–09; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2008–0558; FRL–8771–6] 

RIN 2060–AP17 

Regulation of Fuels and Fuel 

Additives: Gasoline and Diesel Fuel 

Test Methods 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Partial Withdrawal of Direct 

Final Rule. 

SUMMARY: Because EPA received 

adverse comment, we are withdrawing 

the provision for the allowance of an 

alternative test method for olefins in 

gasoline of the direct final, published on 

December 8, 2008. 

DATES: Effective February 6, 2009, EPA 

withdraws the amendments to 40 CFR 

80.46(b)(2)(i) and 40 CFR 80.46(h)(1)(iii) 

published at 73 FR 74350 on December 

8, 2008. 

FOR FURTHER INFORMATION CONTACT: Joe 

Sopata, Transportation and Regional 

Programs Division, Office of 

Transportation and Air Quality (Mail 

Code: 6406J), Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., 20460; telephone number: (202) 

343–9034; fax number: (202) 343–2802; 

e-mail address: sopata.joe@epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

EPA received adverse comment, we are 

withdrawing the provision to allow 

ASTM D6550 as an alternative test 

method for measuring the olefin content 

of gasoline, published on December 8, 

2008. We stated in that direct final rule 

that if we received adverse comment by 

January 7, 2008, the portions of the 

direct final rule on which adverse 

comments were received would not take 

effect, and we would publish a timely 

withdrawal of such portions of the 

direct final rule in the Federal Register. 

We subsequently received an adverse 

comment on the following provision: 

The amendments to 40 CFR 

80.46(b)(2)(i) to allow ASTM D6550 as 

an alternative test method for olefins in 

gasoline. Because EPA received an 

adverse comment, we are withdrawing 

this provision, as well as 40 CFR 

80.46(h)(1)(iii) which incorporates 

ASTM D6550 by reference. 

EPA published a parallel proposed 

rule on the same day as the direct final 

rule. The proposed rule invited 

comment on the substance of the direct 

final rule. We will address the comment 

received on the portions of the direct 

final rule being withdrawn today in a 

subsequent final action based on the 

parallel proposed rule also published on 

December 8, 2008 (73 FR 74403). The 

provisions for which we did not receive 

adverse comment will become effective 

on February 6, 2009, as provided in the 

December 8, 2008, direct final rule. 

Dated: February 2, 2009. 

Lisa P. Jackson, 

Administrator. 

■ Accordingly, the amendments to 40 

CFR 80.46(b)(2)(i) and 40 CFR 

80.46(h)(1)(iii) published at 73 FR 74350 

on December 8, 2008 are withdrawn and 

reserved as of February 6, 2009. 

[FR Doc. E9–2560 Filed 2–5–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–172; MB Docket No. 08–230; RM– 

11504] 

Television Broadcasting Services; 

Montgomery, AL 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by Woods 

Communications Corporation, the 

permittee of station WCOV–DT, to 

substitute DTV channel 20 for its 

assigned post-transition DTV channel 16 

at Montgomery, Alabama. 

DATES: This rule is effective February 6, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Y. Denysyk, Media Bureau, 

(202) 418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 08–230, 


dwashington3 on PROD1PC60 with RULES