12296 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules 

Comments of American Postal Workers Union, 

AFL–CIO, March 2, 2009, at 1–5; Comments of the 

Greeting Card Association, March 2, 2009, at 2; 

Comments of Newspaper Association of America on 

Notice of Market-Dominant Price Adjustment, 

March 2, 2009, at 10–11; Docket No. ACR2008, 

Initial Comments of the Major Mailers Association 

on the Annual Compliance Report of the United 

States Postal Service, January 30, 2009, at 1; and 

Initial Comments of American Postal Workers 

Union, AFL–CIO, January 30, 2009, at 3–4. 

4See, e.g., Docket No. R2009–2, Comments of 

Valassis Direct Mail Inc. and the Saturation Mailers 

Coalition, March 2, 2009, at 5. 

5Statements, if any, submitted in support of a 

party’s position must comply with rule 3001.31 of 

the Commission’s Rules of Practice and Procedure. 

support the Postal Service’s 

methodologies.4 As the Commission 

explained in Order No. 191, also issued 

today, the expedited preimplementation review of proposed 

market dominant rate adjustments 

under section 3622 precludes any 

meaningful examination of departures 

from established rate methodologies and 

analytical principles. 

In Docket Nos. R2008–1 and 

ACR2007, various parties suggested 

changes to the existing workshare 

discount methodologies and methods 

for measuring cost avoidance, which, 

given the expedited nature of those 

proceedings, the Commission declined 

to hear. See Docket No. ACR2007, 

Annual Compliance Determination 

FY2007, March 27, 2008, at 18; Docket 

No. R2008–1, Review of Postal Service 

Notice of Market Dominant Price 

Adjustment, March 17, 2008, at 19. 

Consequently, pursuant to 39 U.S.C. 

503, 3622(a), and 3652(e), the 

Commission is initiating this proceeding 

to afford the Postal Service (and 

interested persons supporting its 

rationales) an opportunity to address the 

legal, factual, and economic 

underpinnings of the methodologies 

used by the Postal Service to develop its 

proposed First-Class Mail and Standard 

Mail discount rates in Docket No. 

R2009–2. In addition, interested 

persons, including the Postal Service, 

may submit alternative workshare 

discount rate design and cost avoidance 

calculation methodologies. Alternative 

methodologies must address the legal, 

factual, and economic bases underlying 

them.5 The foregoing presentations are 

due no later than 60 days after 

publication of this order in the Federal 

Register. 

After an opportunity to review those 

presentations, the Commission will 

issue a procedural schedule to provide 

interested persons an opportunity to 

submit responsive presentations. 

Depending on the breadth and 

complexity of issues presented, the 

Commission may provide an 

opportunity for hearings and may find 

it appropriate to bifurcate the 

proceeding. 

Based on the record developed in this 

proceeding, the Commission will 

evaluate whether any change in the 

established workshare discount 

methodologies, including methods to 

calculate avoided costs, is warranted. 

While the established methodologies 

will continue to be employed until (and 

if) changed, the Commission 

emphasizes that the intent of this 

proceeding is to provide a forum for a 

thorough examination of these 

important issues. 

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

Commission designates Emmett Rand 

Costich and James Callow to serve as 

Public Representative to represent the 

interests of the general public in this 

proceeding. 

It is Ordered: 

1. As discussed in the body of this 

order, initial presentations may be filed 

by any interested person no later than 

60 days after publication of this order in 

the Federal Register. 

2. Following receipt of the initial 

presentations, the Commission will 

issue a further procedural schedule in 

this proceeding. 

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

Rand Costich and James Callow are 

designated as the Public Representative 

in this proceeding to represent the 

interests of the general public. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Steven W. Williams, 

Secretary. 

[FR Doc. E9–6197 Filed 3–23–09; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1986–0005; FRL–8784–6] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Intent for Partial 

Deletion of the Mouat Industries 

Superfund Site from the National 

Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 is issuing a 

Notice of Intent for Partial Deletion of 

the surface and subsurface soils 

component of the Mouat Industries 

Superfund Site (Site) located in 

Columbus, Montana, from the National 

Priorities List (NPL) and requests public 

comments on this proposed action. The 

NPL, promulgated pursuant to section 

105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is found 

at Appendix B of 40 CFR part 300, 

which is the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Montana, through the 

Montana Department of Environmental 

Quality (MDEQ), have determined that 

all appropriate response actions at these 

identified parcels under CERCLA, other 

than five-year reviews and operation 

and maintenance, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. This partial deletion 

pertains to the surface and subsurface 

soils component of the Mouat Industries 

Superfund Site. The groundwater 

component will remain on the NPL and 

is not being considered for deletion as 

part of this action. 

DATES: Comments must be received by 

April 23, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–1986–0005, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• E-mail: hoogerheide.roger@epa.gov. 

• Fax: (406) 457–5056. 

• Mail: Roger Hoogerheide, Remedial 

Project Manager; U.S. EPA Montana 

Office; Federal Building, Suite 3200; 10 

West 15th Street; Helena, MT 59626. 

• Hand delivery: U.S. EPA Montana 

Office; Federal Building, Suite 3200; 10 

West 15th Street; Helena, MT 59626. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1986– 

0005. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules 12297 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statue. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or are available for 

viewing and copying at the Site 

information repositories located at: U.S. 

EPA Montana Office, Federal Building, 

Suite 3200, 10 West 15th Street, Helena, 

MT 59626, (406) 457–5000. 

Viewing Hours: Mon.–Fri. 8 a.m. to 5 

p.m., excluding holidays. Stillwater 

County Library, 27 North 4th Street; PO 

Box 266, Columbus, MT 59019–0266, 

406–322–5009. Hours: (Library hours 

vary) 

FOR FURTHER INFORMATION CONTACT: 

Roger Hoogerheide, Remedial Project 

Manager, 8MO, 

hoogerheide.roger@epa.gov, U.S. EPA, 

Region 8—Montana Office, 10 W. 15th 

St., Suite 3200, Helena, Montana 59626, 

(406) 457–5031 or 1–866–457–2690, 

extension 5031. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ Section of 

today’s Federal Register, we are 

publishing a direct final Notice of 

Partial Deletion for the surface and 

subsurface soils component of the 

Mouat Industries Superfund Site 

without prior Notice of Intent for Partial 

Deletion because EPA views this as a 

noncontroversial revision and 

anticipates no adverse comment. We 

have explained our reasons for this 

partial deletion in the preamble to the 

direct final Notice of Partial Deletion, 

and those reasons are incorporated 

herein. If we receive no adverse 

comment(s) on this partial deletion 

action, we will not take further action 

on this Notice of Intent for Partial 

Deletion. If we receive adverse 

comment(s), we will withdraw the 

direct final Notice of Partial Deletion 

and it will not take effect. We will, as 

appropriate, address all public 

comments in a subsequent final Notice 

of Partial Deletion based on this Notice 

of Intent for Partial Deletion. We will 

not institute a second comment period 

on this Notice of Intent for Partial 

Deletion. Any parties interested in 

commenting must do so at this time. 

For additional information, see the 

direct final Notice of Partial Deletion 

which is located in the Rules section of 

this Federal Register. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: March 10, 2009. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

[FR Doc. E9–6143 Filed 3–23–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS-R1-ES-2008-0128; MO 922105 0083- 

B2] 

RIN 1018-AW72 

Endangered and Threatened Wildlife 

and Plants; Determination of 

Significant Portion of the Range of 

Marine and Estuarine Areas of the 

Southwestern Washington/Columbia 

River Distinct Population Segment of 

Coastal Cutthroat Trout 

(Oncorhynchus clarki clarki) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: On July 5, 2002, we, the U.S. 

Fish and Wildlife Service (Service), 

published a withdrawal of the proposed 

rule to list the Southwestern 

Washington/Columbia River distinct 

population segment (DPS) of the coastal 

cutthroat trout (Oncorhynchus clarki 

clarki) as threatened under the 

Endangered Species Act of 1973, as 

amended (Act). As a result of litigation, 

we are now reconsidering our 

withdrawal of the proposed rule with 

specific regard to the question of 

whether the marine and estuarine areas 

may constitute a significant portion of 

the range of the Southwestern 

Washington/Columbia River DPS of 

coastal cutthroat trout, and if so, 

whether that portion is threatened or 

endangered. We hereby notify the 

public, other concerned governmental 

agencies, the scientific community, 

industry, and any other interested party 

of our request for information, data, or 

comments on the marine and estuarine 

areas of the Southwestern Washington/ 

Columbia River DPS of coastal cutthroat 

trout, with particular regard to whether 

these areas constitute a significant 

portion of the range of the DPS under 

the Act, and if so, whether the 

subspecies is threatened or endangered 

in those areas. 

DATES: We will accept information 

received on or before April 23, 2009. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: FWS-R1- 

ES-2008–0128; Division of Policy and 

Directives Management; U.S. Fish and 

Wildlife Service; 4401 N. Fairfax Drive, 

Suite 222; Arlington, VA 22203. 

We will not accept e-mail or faxes. We 

will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

‘‘Public Comments’’ section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: Paul 

Henson, Ph.D, State Supervisor, U.S. 

Fish and Wildlife Service, Oregon Fish 

and Wildlife Office, 2600 SE 98th 

Avenue, Suite 100, Portland, OR 97266; 

telephone 503-231-6179; facsimile 503- 

231-6195. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 800-877-8339. 

SUPPLEMENTARY INFORMATION:

Public Comments 

To ensure that any action resulting 

from this request for information will be 

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