12292 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Directive 0023.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation. This proposed rule 

involves a temporary safety zone that 

will be in effect for less than one week. 

We seek any comments or information 

that may lead to the discovery of a 

significant environmental impact from 

this proposed rule. A preliminary 

‘‘Environmental Analysis Check List’’ 

supporting this determination is 

available in the docket where indicated 

under the ‘‘Public Participation and 

Request for Comments’’ section of this 

preamble. We seek any comments or 

information that may lead to discovery 

of a significant environmental impact 

from this proposed rule’’). 

List of Subjects 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Add § 165.T05–0018 to read as 

follows: 

165.T05–0018 Safety Zone: Hampton 

Roads Air Show, Back River, Hampton, VA 

(a) Regulated Area. The following area 

is a safety zone: All waters in the 

vicinity of Willoughby Point on Back 

River within the area bounded by 

coordinates 37°05′35′′ N / 076°20′47′′ W, 

thence to 37°05′43′′ N / 076°20′14′′ W, 

thence to 37°05′19′′ N / 076°20′02′′ W, 

thence to 37°05′12′′ N / 076°20′18′′ W. 

(NAD 1983), in Hampton, VA. 

(b) Definition: For the purposes of this 

part, Captain of the Port Representative 

means: any U.S. Coast Guard 

commissioned, warrant or petty officer 

who has been authorized by the Captain 

of the Port, Hampton Roads, Virginia to 

act on his behalf. 

(c) Regulations: (1) In accordance with 

the general regulations in 165.23 of this 

part, entry into this zone is prohibited 

unless authorized by the Captain of the 

Port, Hampton Roads or his designated 

representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads can be reached through the Sector 

Duty Officer at Sector Hampton Roads 

in Portsmouth, Virginia at telephone 

Number (757) 668–5555. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65Mhz) and 

channel 16 (156.8 Mhz). 

(d) Enforcement Period: This 

regulation will be enforced from 5 p.m. 

to 9 p.m. on April 24, 2009 and 9 a.m. 

to 5 p.m. daily on April 25, 2009 and 

April 26, 2009. 

Dated: January 30, 2009. 

Patrick B. Trapp, 

Captain, U.S. Coast Guard, Captain of the 

Port, Hampton Roads. 

[FR Doc. E9–6428 Filed 3–23–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–1096] 

RIN 1625–AA00 

Safety Zones: Fireworks Displays in 

the Captain of the Port Portland Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes the 

establishment of several safety zones in 

the Captain of the Port Portland, Oregon 

zone for annual fireworks displays that 

take place around the 4th of July each 

year. The safety zones are necessary to 

help ensure the safety of the maritime 

public during the events and will do so 

by prohibiting all persons and vessels 

from entering the safety zones unless 

authorized by the Captain of the Port 

Portland, Oregon or his designated 

representatives. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before May 26, 2009 or reach the 

Docket Management Facility by that 

date. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2008–1096 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. For instructions 

on submitting comments, see the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call BM1 Joshua Lehner, Coast 

Guard Sector Portland, 6767 N. Basin 

Ave., Portland, OR 97217–3992, 

telephone (503) 240–9311. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–1096), 

indicate the specific section of this 

mstockstill on PROD1PC66 with PROPOSALS

Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules 12293 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online, or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2008–1096’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit them by mail and 

would like to know that they reached 

the Facility, please enclose a stamped, 

self-addressed postcard or envelope. We 

will consider all comments and material 

received during the comment period 

and may change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2008–1096 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

either the Docket Management Facility 

in Room W12–140 on the ground floor 

of the Department of Transportation 

West Building, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays; 

or Coast Guard Sector Portland, 6767 N. 

Basin Ave., Portland, OR 97217–3992, 

between 8 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

We have an agreement with the 

Department of Transportation to use the 

Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Background and Purpose 

Fireworks displays create hazardous 

conditions for the maritime public as a 

result of the large number of vessels that 

congregate near the displays as well as 

the noise, falling debris, and explosions 

that occur during the events. The 

establishment of safety zones around the 

displays helps to ensure the safety of the 

maritime public by prohibiting all 

persons and vessels from coming close 

to the fireworks displays and their 

associated hazards. 

Discussion of Proposed Rule 

The proposed rule will establish 

several safety zones in the Captain of 

the Port Portland, Oregon zone for 

annual fireworks displays that take 

place around the 4th of July each year. 

The safety zones are necessary to help 

ensure the safety of the maritime public 

during the events and will do so by 

prohibiting all persons and vessels from 

entering the safety zones unless 

authorized by the Captain of the Port 

Portland, Oregon or his designated 

representatives. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. The Coast Guard has made this 

finding because the rule will have little 

if any economic impact since the safety 

zones it establishes will only be 

enforced for several hours one day each 

year and will not significantly impede 

maritime traffic transiting the areas 

where they are located. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This rule will affect the 

following entities, some of which may 

be small entities: The owners or 

operators of vessels wishing to transit 

one of the safety zones established by 

this rule. The rule will not have a 

significant economic impact on a 

substantial number of small entities, 

however, because the safety zones it 

establishes will only be enforced for 

several hours one day each year and 

will not significantly impede maritime 

traffic transiting the areas where they 

are located. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact BM1 Joshua 

Lehner, Coast Guard Sector Portland, 

6767 N. Basin Ave., Portland, OR 

97217–3992, telephone (503) 240–9311. 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this proposed rule or 

any policy or action of the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

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12294 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not effect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 0023.1 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves the establishment of several 

safety zones for fireworks displays. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR Part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Public 

Law 107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Amend § 165.1315 by adding 

paragraphs (a)(15)–(24) and revising 

paragraphs (b) and (c) to read as follows: 

§ 165.1315 Safety Zones: Fireworks 

Displays in the Captain of the Port Portland 

Zone. 

(a) * * * 

(15) Arlington Chamber of Commerce 

Fireworks Display, Arlington, OR: 

(i) Location. All waters of the 

Columbia River encompassed by lines 

connecting the following points in the 

vicinity of Arlington, Oregon: From the 

southern shore of the Columbia River at 

45°43′23′′ N 120°12′11′′ W, thence to 

45°43′29′′ N 120°12′12′′ W, thence to 

45°43′31′′ N 120°12′06′′ W, thence to the 

southern shore of the Columbia River at 

45°43′26′′ N 120°12′02′′ W. 

(ii) Enforcement period. This safety 

zone is enforced from approximately 

8:30 p.m. to approximately 11:30 p.m. 

for one day during the last week of June 

or the first week of July each year. 

(16) East County 4th of July Fireworks, 

Gresham, OR: 

(i) Location. All waters of the 

Columbia River encompassed in a 500 

foot radius around position 45°33′33′′ N 

122°27′03′′ W. 

(ii) Enforcement period. This safety 

zone is enforced from approximately 

8:30 p.m. to approximately 11:30 p.m. 

for one day during the first week of July 

each year. 

(17) Port of Cascade Locks July 4th 

Fireworks Display, Cascade Locks, OR: 

(i) Location. All waters of the 

Columbia River encompassed in a 500 

foot radius around position 45°40′16′′ N 

121°53′38′′ W. 

(ii) Enforcement period. This safety 

zone is enforced from approximately 

8:30 p.m. to approximately 11:30 p.m. 

for one day during the first week of July 

each year. 

(18) Astoria Regatta Association 

Fireworks Display, Astoria, OR: 

(i) Location. All waters of the 

Columbia River encompassed by lines 

connecting the following points in the 

vicinity of Astoria, Oregon: From the 

southern shore of the Columbia River at 

46°11′34′′ N 123°48′33′′ W, thence to 

46°11′52′′ N 123°48′35′′ W, thence to 

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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Proposed Rules 12295 

1See Docket No. R2009–2, Response of the 

United States Postal Service to Chairman’s 

Information Request No. 1, February 20, 2009; and 

Docket No. ACR2008, Responses of the United 

States Postal Service to Commission Order No. 169, 

January 21, 2009, at 17–18 (Response to Order No. 

169). 

2See Docket No. R2009–2, Responses of the 

United States Postal Service to Questions 1–12 of 

Chairman’s Information Request No. 4, March 4, 

2009, at 12–13; and Response to Order No. 169 at 

17–18. 

3See, e.g., Docket No. R2009–2, Public 

Representative Comments in Response to Notice of 

Price Adjustment for Market-Dominant Price 

Adjustment, March 2, 2009, at 9–12; Initial 

Continued 

46°11′52′′ N 123°48′19′′ W, thence to the 

southern shore of the Columbia River at 

46°11′39′′ N, 123°48′13′′ W. 

(ii) Enforcement period. This safety 

zone is enforced from approximately 

8:30 p.m. to approximately 11:30 p.m. 

one day during the second weekend of 

August each year. 

(19) City of Washougal July 4th 

Fireworks Display, Washougal, WA: 

(i) Location. All waters of the 

Columbia River encompassed by lines 

connecting the following points in the 

vicinity of Washougal, Washington: 

From the northern shore of the 

Columbia River at 45°33′50′′ N 

122°20′16′′ W, thence to 45°33′42′′ N 

122°20′29′′ W, thence to 45°33′53′′ N 

122°20′39′′ W, thence to the northern 

shore of the Columbia River at 45°35′04′′ 

N 122°20′35′′ W. 

(ii) Enforcement period. This safety 

zone is enforced from approximately 

8:30 p.m. to approximately 11:30 p.m. 

one day during the first week of July 

each year. 

(20) City of St. Helens 4th of July 

Fireworks Display, St. Helens, OR: 

(i) Location. All waters of the 

Columbia River encompassed in a 1200 

foot radius around position 45°51′51′′ N 

122°47′22′′ W. 

(ii) Enforcement period. This safety 

zone is enforced from approximately 

8:30 p.m. to approximately 11:30 p.m. 

one day during the first week of July 

each year. 

(21) Waverly Country Club 4th of July 

Fireworks Display, Milwaukie, OR: 

(i) Location. All waters of the 

Willamette River encompassed by lines 

connecting the following points in the 

vicinity of Milwaukie, Oregon: From 

45°27′10′′ N 122°29′35′′ W, thence to 

45°27′12′′ N 122°39′25′′ W, thence to 

45°26′56′′ N 122°39′15′′ W, thence to 

45°26′52′′ N 122°39′25′′ W. 

(ii) Enforcement period. This safety 

zone is enforced from approximately 

8:30 p.m. to approximately 11:30 p.m. 

one day during the first week of July 

each year. 

(22) Booming Bay Fireworks, 

Westport, WA: 

(i) Location. All waters of Grays 

Harbor encompassed in a 600 foot 

radius around position 46°54′14′′ N 

124°06′08′′ W. 

(ii) Enforcement period. This safety 

zone is enforced from approximately 

8:30 p.m. to approximately 11:30 p.m. 

one day during the last week of June or 

the first week of July each year. 

(23) Hood River 4th of July, Hood 

River, OR: 

(i) Location. All waters of the 

Columbia River encompassed in a 1000 

foot radius around position 45°42′58′′ N 

121°30′31′′ W. 

(ii) Enforcement period. This safety 

zone is enforced from 8:30 p.m. to 11:30 

p.m. one day during the last week of 

June or the first week of July each year. 

(24) Rufus 4th of July Fireworks, 

Rufus, OR: 

(i) Location. All waters of the 

Columbia River encompassed in a 500 

foot radius around position 45°41′30′′ N 

120°45′47′′ W. 

(ii) Enforcement period. This safety 

zone is enforced from approximately 

8:30 p.m. to approximately 11:30 p.m. 

for one day during the last week of June 

or the first week of July each year. 

(b) Regulations. In accordance with 

§ 165.23 of this part, no person may 

enter or remain in these safety zones 

unless authorized by the Captain of the 

Port, Portland or his/her designated 

representative. Also in accordance with 

§ 165.23 of this part, no person may 

bring into, cause to be brought into, or 

allow to remain in these safety zones 

any vehicle, vessel, or object unless 

authorized by the Captain of the Port, 

Portland or his/her designated 

representative. 

(c) Notice. In accordance with § 165.7 

of this part, notification of the specific 

period of enforcement for each of these 

safety zones may be made by marine 

broadcast, local notice to mariners, local 

news media, distribution in leaflet form, 

on-scene oral notice, and/or publication 

in the Federal Register. 

Dated: March 3, 2009. 

F.G. Myer, 

Captain, U.S. Coast Guard, Captain of the 

Port Portland, Oregon. 

[FR Doc. E9–6334 Filed 3–23–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket No. RM2009–3; Order No. 192] 

Postal Rates 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commission announces a 

new proceeding to address workshare 

discount methodologies in First-Class 

Mail and Standard Mail. The proceeding 

will allow certain issues raised in 

Docket No. R2009–2 to be fully 

addressed. 

DATES: Comments due May 26, 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: In a 

concurrently issued order in Docket No. 

R2009–2, the Commission largely 

approves the Postal Service’s planned 

market dominant price changes 

scheduled to take effect May 11, 2009. 

That approval includes a commitment 

to institute a rulemaking proceeding to 

examine methodologies underlying the 

calculation of workshare discounts. By 

this order, the Commission fulfills that 

commitment. 

In Docket No. R2009–2, the Postal 

Service proposes workshare discounts 

for First-Class Mail and Standard Mail 

that are not based on established 

workshare cost avoidance 

methodologies. In First-Class, the Postal 

Service did not use the existing 

benchmark, bulk metered mail, for 

calculating workshare discounts and 

instead based the discounts on presort 

First-Class Mail delinked from singlepiece First-Class Mail. In Standard Mail, 

the Postal Service did not use the 

existing methodology based on costs 

avoided by shape between Basic and 

High Density, and High Density and 

Saturation. 

In each instance, the Postal Service 

offers a legal rationale for its approach. 

It notes First-Class Mail Presort and 

Single-Piece Letters are separate 

products and contends that the 

reference to ‘‘each market-dominant 

product’’ in the reporting language of 

U.S.C. 3652(b) therefore excludes the 

inter-product automation Mixed AADC 

presort letter discount from the 

limitations of U.S.C. 3622(e).1 With 

respect to Standard Mail, the Postal 

Service argues that density differences 

between Carrier Route Basic and High 

Density, and between High Density and 

Saturation are not the result of 

‘‘presorting, prebarcoding, handling, or 

transportation’’ as worksharing is 

defined under 39 U.S.C. 3622(e)(1).2

Numerous parties in both Docket Nos. 

R2009–2 and ACR2008 contest the 

Postal Service’s rationales.3 Some 

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