2636 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Notices 

1PRC Order No. 154, Review of Nonpostal 

Services Under the Postal Accountability and 

Enhancement Act, December 19, 2008 (Order No. 

154). 

2The Commission also indicated a separate 

docket would be established to develop regulations 

applicable to authorized nonpostal services. That 

docket will be initiated shortly. 

3Pitney Bowes Inc. Motion to Compel United 

States Postal Service to File a Complete List of 

Nonpostal Services, October 15, 2008. Pitney 

Bowes’ motion, supported by pleadings responsive 

to the matter, challenged the appropriateness of the 

Postal Service licensing its trademark for products 

related to Postal Service operations. See also PRC 

Order No. 126, Order Granting, In Part, Pitney 

Bowes Inc. Motion to Compel, November 4, 2008. 

4Order No. 154 at 76. Order No. 154 directed the 

Postal Service to ‘‘promptly notify the Commission 

of any other such licenses [that relate to postal 

operations] that may exist.’’ Id., n.146. This order 

is not intended to modify that directive. The Postal 

Service indicates five vendors are licensed to sell 

Mailing & Shipping products bearing the Postal 

Service’s intellectual property. Initial Response of 

the United States Postal Service to Order No. 74, 

June 9, 2008, at 22. See also Response of the United 

States Postal Service to Order No. 126 Regarding 

Licensing Agreements and Notice of Filing of 

Sworn Statement, November 17, 2008; and Errata to 

Response of the United States Postal Service to 

Order No. 126 Regarding Licensing Agreements, 

November 19, 2008. 

and industrial and consumer products 

containing nanomaterials; 

characterizing the health of exposed 

populations and environments; and 

understanding workplace processes and 

factors that determine exposure to 

nanomaterials. 

The presentations, discussions, and 

comments provided at this meeting will 

inform the NEHI Working Group’s 

continuing adaptive management of the 

National Nanotechnology Initiative’s 

environmental, health, and safety 

research strategy. 

The NSET Subcommittee coordinates 

planning, budgeting, and program 

implementation and review to ensure a 

balanced and comprehensive National 

Nanotechnology Initiative (NNI). The 

NSET Subcommittee is composed of 

representatives from Federal agencies 

participating in the NNI. In order to 

perform work in the area of 

environmental, health, and safety, NSET 

created a working group, the 

Nanotechnology Environmental 

Implications (NEHI) Working Group. 

The NNCO provides technical and 

administrative support to the NSET 

Subcommittee and serves as a central 

point of contact for the NNI. 

For more information on the National 

Nanotechnology Initiative and its 

various working entities, please visit 

http://www.nano.gov. 

M. David Hodge, 

Operations Manager, OSTP. 

[FR Doc. E9–664 Filed 1–14–09; 8:45 am] 

BILLING CODE 3170–W9–P 

OFFICE OF MANAGEMENT AND 

BUDGET 

Cost of Hospital and Medical Care 

Treatment Furnished by the 

Department of Defense Military 

Treatment Facilities; Certain Rates 

Regarding Recovery From Tortiously 

Liable Third Persons 

AGENCY: Office of Management and 

Budget, Executive Office of the 

President. 

ACTION: Notice. 

SUMMARY: By virtue of the authority 

vested in the President by Section 2(a) 

of Pub. B. 87–603 (76 Stat. 593; 42 

U.S.C. 2652), and delegated to the 

Director of the Office of Management 

and Budget by the President through 

Executive Order No. 11541 of July 1, 

1970, the rates referenced below are 

hereby established. These rates are for 

use in connection with the recovery 

from tortiously liable third persons for 

the cost of inpatient medical services 

furnished by military treatment facilities 

through the Department of Defense 

(DoD). The rates have been established 

in accordance with the requirements of 

OMB Circular A–25, requiring 

reimbursement of the full cost of all 

services provided. The inpatient 

medical service rates referenced are 

effective upon publication of this notice 

in the Federal Register and will remain 

in effect until further notice. The 

outpatient medical, dental, and 

cosmetic surgery rates published on 

November 25, 2008 remain in effect 

until further notice. Pharmacy rates are 

updated periodically. A full disclosure 

of the rates is posted at the DoD’s 

Uniform Business Office Web Site: 

http://www.tricare.mil/ocfo/_docs/

FY09%20Direct%20Care%20

Inpatient%20Billing%20

Rates%20Memo.pdf. 

Jim Nussle, 

Director. 

[FR Doc. E9–718 Filed 1–14–09; 8:45 am] 

BILLING CODE 3110–01–P 

POSTAL REGULATORY COMMISSION 

[Docket No. MC2008–1 (Phase II); Order No. 

168] 

Review of Nonpostal Services 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is 

establishing a docket to develop a 

complete record on three matters that 

were not resolved in a recent docket. 

This will allow the Postal Service and 

others an opportunity to present their 

views prior to final Commission 

decision on the status of the underlying 

services. 

DATES: January 29, 2009: Deadline for 

the Postal Service and other participants 

to file supporting evidence. February 10, 

2009: Deadline for new interventions. 

February 11, 2009: Prehearing 

conference will be held on at 10 a.m. in 

the Commission’s hearing room. 

ADDRESSES: Submit filings 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: Regulatory 

History, 72 FR 73909 (December 28, 

2007). 

In Order No. 154, the Commission 

authorized 14 nonpostal services to 

continue.1 Finding the record 

insufficient in certain respects, the 

Commission deferred ruling on three 

issues more fully addressed below, 

involving licensing, the warranty repair 

program, and sales of music compact 

discs. This order establishes procedures 

to develop a more complete record on 

these issues beginning with an 

opportunity for the Postal Service to 

present its case on these issues and 

followed by an opportunity for 

interested persons to respond.2

Licensing. In Order No. 154, the 

Commission generally authorized the 

licensing of the Postal Service’s 

intellectual property to continue as a 

nonpostal service. Id. at 73. As an 

interim measure, however, the 

Commission grandfathered the licenses 

of the Postal Service’s brands on 

products relating to the Postal Service’s 

operations, categorized by the Postal 

Service as Mailing & Shipping, pending 

the outcome of Phase II. This issue was 

brought to the forefront late in the first 

phase of this proceeding by Pitney 

Bowes upon learning that Postal 

Service-branded postage meter ink 

cartridges were being sold.3 The 

Commission found that the record on 

licenses related to Postal Service 

operations to be insufficiently 

developed for it to determine whether 

those licenses should be terminated or 

authorized to continue.4

Further proceedings in this Phase II 

are needed to develop a more complete 

record regarding licensing programs for 

products related to Postal Service 

operations generally, as well as the 


jlentini on PROD1PC65 with NOTICES