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 

mstockstill on PROD1PC66 with PROPOSALS

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 

mstockstill on PROD1PC66 with PROPOSALS