28076 Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 

1Notice of United States Postal Service Filing of 

Four Functionally Equivalent Global Expedited 

Package Services 2 Negotiated Service Agreements 

and Application for Non-Public Treatment of 

Materials Filed Under Seal, May 11, 2010 (Notice). 

2 Docket No. CP2009–50, Order Granting 

Clarification and Adding Global Expedited Package 

Services 2 to the Competitive Product List, August 

28, 2009 (Order No. 290). 

Week of June 7, 2010—Tentative 

Wednesday, June 9, 2010 

1:30 p.m. Meeting with the Advisory 

Committee on Reactor Safeguards, 

(Public Meeting), (Contact: 

Cayetano Santos, 301–415–7270). 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov. 

Week of June 14, 2010—Tentative 

There are no meetings scheduled for 

the week of June 14, 2010. 

Week of June 21, 2010—Tentative 

There are no meetings scheduled for 

the week of June 21, 2010. 

* The schedule for Commission 

meetings is subject to change on short 

notice. To verify the status of meetings, 

call (recording)—(301) 415–1292. 

Contact person for more information: 

Rochelle Bavol, (301) 415–1651. 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/about-nrc/policymaking/schedule.html. 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g. 

braille, large print), please notify Angela 

Bolduc, Chief, Employee/Labor 

Relations and Work Life Branch, at 301– 

492–2230, TDD: 301–415–2100, or by email at angela.bolduc@nrc.gov. 

Determinations on requests for 

reasonable accommodation will be 

made on a case-by-case basis. 

This notice is distributed 

electronically to subscribers. If you no 

longer wish to receive it, or would like 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969), 

or send an e-mail to 

darlene.wright@nrc.gov. 

Dated: May 13, 2010. 

Rochelle C. Bavol, 

Office of the Secretary. 

[FR Doc. 2010–12075 Filed 5–17–10; 11:15 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket Nos. CP2010–50 through CP2010– 

53; Order No. 461] 

New Postal Products 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently-filed Postal Service request to 

add new Global Expedited Package 

Services 2 products to the Competitive 

Product List. This notice addresses 

procedural steps associated with the 

filing. 

DATES: Comments are due: May 20, 

2010. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov. Commenters who cannot 

submit their views electronically should 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section 

by telephone for advice on alternatives 

to electronic filing. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 and 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Notice of Filing 

III. Ordering Paragraphs 

I. Introduction 

On May 11, 2010, the Postal Service 

filed a notice announcing that it has 

entered into four additional Global 

Expedited Package Services 2 (GEPS 2) 

contracts.1 The Postal Service believes 

the instant contracts are functionally 

equivalent to previously submitted 

GEPS 2 contracts, and are supported by 

Governors’ Decision No. 08–7, attached 

to the Notice and originally filed in 

Docket No. CP2008–4. Id. at 1, 

Attachment 3. The Notice also explains 

that Order No. 86, which established 

GEPS 1 as a product, also authorized 

functionally equivalent agreements to be 

included within the product, provided 

that they meet the requirements of 39 

U.S.C. 3633. Id. at 1. In Order No. 290, 

the Commission approved the GEPS 2 

product.2

The instant contracts. The Postal 

Service filed the instant contracts 

pursuant to 39 CFR 3015.5. In addition, 

the Postal Service contends that each 

contract is in accordance with Order No. 

86. The term of each contract is one year 

from the date the Postal Service notifies 

the customer that all necessary 

regulatory approvals have been 

received. Notice at 2–3. 

In support of its Notice, the Postal 

Service filed four attachments as 

follows: 

• Attachments 1A, 1B, 1C and 1D— 

redacted copies of the four contracts and 

applicable annexes; 

• Attachments 2A, 2B, 2C and 2D—a 

certified statement required by 39 CFR 

3015.5(c)(2) for each of the two 

contracts; 

• Attachment 3—a redacted copy of 

Governors’ Decision No. 08–7 which 

establishes prices and classifications for 

GEPS contracts, a description of 

applicable GEPS contracts, formulas for 

prices, an analysis and certification of 

the formulas and certification of the 

Governors’ vote; and 

• Attachment 4—an application for 

non-public treatment of materials to 

maintain redacted portions of the 

contracts and supporting documents 

under seal. 

The Notice advances reasons why the 

instant GEPS 2 contracts fit within the 

Mail Classification Schedule language 

for GEPS 2. The Postal Service identifies 

customer-specific information, general 

contract terms, and other differences 

that distinguish the instant contracts 

from the baseline GEPS 2 agreement, all 

of which are highlighted in the Notice. 

Id. at 3–6. These modifications as 

described in the Postal Service’s Notice 

apply to each of the instant contracts. 

The Postal Service contends that the 

instant contracts are functionally 

equivalent to the GEPS 2 contracts filed 

previously notwithstanding these 

differences. Id. at 6–7. 

The Postal Service asserts that several 

factors demonstrate the contracts’ 

functional equivalence with previous 

GEPS 2 contracts, including the product 

being offered, the market in which it is 

offered, and its cost characteristics. Id. 

at 3. The Postal Service concludes that 

because the GEPS agreements 

‘‘incorporate the same cost attributes 

and methodology, the relevant cost and 

market characteristics are similar, if not 

the same . . . ’’ despite any incidental 

differences. Id. at 6. 

The Postal Service contends that its 

filings demonstrate that each of the new 

GEPS 2 contracts complies with the 

requirements of 39 U.S.C. 3633 and is 

functionally equivalent to previous 

GEPS 2 contracts. It also requests that 

the contracts be included within the 

GEPS 2 product. Id. at 7. 

II. Notice of Filing 

The Commission establishes Docket 

Nos. CP2010–50, CP2010–51, CP2010– 

52 and CP2010–53 for consideration of 

matters related to the contracts 

identified in the Postal Service’s Notice. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 28077 

These dockets are addressed on a 

consolidated basis for purposes of this 

order. Filings with respect to a 

particular contract should be filed in 

that docket. 

Interested persons may submit 

comments on whether the Postal 

Service’s contracts are consistent with 

the policies of 39 U.S.C. 3632, 3633 or 

3642. Comments are due no later than 

May 20, 2010. The public portions of 

these filings can be accessed via the 

Commission’s website (http:/// 

www.prc.gov). 

The Commission appoints John P. 

Klingenberg to serve as Public 

Representative in the captioned 

proceedings. 

III. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

Nos. CP2010–50, CP2010–51, CP2010– 

52 and CP2010–53 for consideration of 

matters raised by the Postal Service’s 

Notice. 

2. Comments by interested persons in 

these proceedings are due no later than 

May 20, 2010. 

3. Pursuant to 39 U.S.C. 505, John P. 

Klingenberg is appointed to serve as the 

officer of the Commission (Public 

Representative) to represent the 

interests of the general public in these 

proceedings. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Judith M. Grady, 

Assistant Secretary. 

[FR Doc. 2010–11942 Filed 5–18–10; 8:45 am] 

BILLING CODE 7710–FW–S 

SMALL BUSINESS ADMINISTRATION 

Small Business Size Standards: 

Waiver of the Nonmanufacturer Rule 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice of Decision not to 

proceed with issuance of a class waiver 

of the Nonmanufacturer Rule for 

Improved Outer Tactical Vests and 

related accessories under Product 

Service Code (PSC) 8470 (Armor 

Personal) under North American 

Industry Classification System (NAICS) 

code 339113 (Surgical Appliance and 

Supplies Manufacturing). 

SUMMARY: The U. S. Small Business 

Administration (SBA) will not issue a 

class waiver of the non-manufacturer 

rule for PSC 8470 (Armor Personal), 

NAICS code 339113. 

DATES: A printout of approved class 

waivers can be found at http:// 

www.sba.gov/aboutsba/sbaprograms/gc/ 

programs/ 

gc_waivers_nonmanufacturer.html. 

FOR FURTHER INFORMATION CONTACT: 

Pamela M. McClam, Program Analyst, 

by telephone at (202) 205–7408; by FAX 

at (202) 481–4783; or by e-mail at 

Pamela.McClam@sba.gov. 

SUPPLEMENTARY INFORMATION: Section 

8(a)(17) of the Small Business Act (Act), 

15 U.S.C. 637(a)(17), requires that 

recipients of Federal contracts set aside 

for small businesses, service-disabled 

veteran-owned small businesses, or 

Participants in SBA’s 8(a) Business 

Development (BD) Program provide the 

product of a small business 

manufacturer or processor, if the 

recipient is other than the actual 

manufacturer or processor of the 

product. This requirement is commonly 

referred to as the Nonmanufacturer 

Rule. 13 CFR § 121.406(b). Section 

8(a)(17)(b)(iv) of the Act authorizes SBA 

to waive the Nonmanufacturer Rule for 

any ‘‘class of products’’ for which there 

are no small business manufacturers or 

processors available to participate in the 

Federal market. 

A class of products is defined based 

on the Office of Management and 

Budget’s NAICS codes and the General 

Services Administration’s Product and 

Service Code Directory. Within each sixdigit NAICS code are subdivisions of 

products that can be considered for a 

waiver. A request for a waiver of a class 

of products should refer to a specific 

subdivision, or statement of product, 

within a six-digit NAICS code. A waiver 

of the Nonmanufacturer Rule does not 

waive the entire class of products under 

a specific NAICS code. The class waiver 

waives specific products within a 

subdivision within a NAICS code. 

Any individual or organization 

(government agency, business, 

association, etc.) may request a waiver 

for a class of products. The request 

should be in writing, addressed to the 

Director for Government Contracting 

and should specifically state the class 

(or classes) of products for which the 

waiver is sought. 

In response to a request from a 

Federal Agency, SBA proposed to issue 

a Class Waiver for Improved Outer 

Tactical Vests, PSC 8470, NAICS code 

339113, Federal Register Notice 20870. 

The SBA received multiple comments 

from small business manufacturers and 

distributors that have been awarded 

prime contracts or have submitted offers 

within the past 24 months. 

Thus, SBA will not issue a class 

waiver from the non-manufacturer rule 

for PSC 8470 (Armor Personal) under 

NAICS code 339113. 

Authority: 15 U.S.C. 634. 

Karen Hontz, 

Director for Government Contracting. 

[FR Doc. 2010–11926 Filed 5–18–10; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

Small Business Size Standards: 

Waiver of the Nonmanufacturer Rule 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice of intent to waive the 

Nonmanufacturer Rule for Herbicides, 

Insecticides, and Fungicides, under 

Product Service Code (PSC) 6840, under 

North American Industry Classification 

System (NAICS) code 325320, Pesticide 

and Other Agricultural Chemical 

Manufacturing. 

SUMMARY: The U. S. Small Business 

Administration (SBA) is considering 

granting a waiver of the 

Nonmanufacturer Rule for Herbicides, 

Insecticides, and Fungicides, under PSC 

6840, under NAICS code 325120. 

According to a request, no small 

business manufacturers supply these 

products to the Federal government. If 

granted, the waiver would allow an 

otherwise qualified small businesses to 

supply the products of any 

manufacturer on a Federal contract set 

aside for small businesses, servicedisabled veteran-owned small 

businesses, or Participants in the SBA’s 

8(a) Business Development (BD) 

Program. 

DATES: Comments and source 

information must be submitted June 3, 

2010. 

ADDRESSES: You may submit comments 

and source information to Amy Garcia, 

Program Analyst, U.S. Small Business 

Administration, Office of Government 

Contracting, 409 3rd Street, SW., Suite 

8800, Washington, DC 20416. 

FOR FURTHER INFORMATION CONTACT: 

Amy Garcia, by telephone at (202) 205– 

6842; by FAX at (202) 481–1630; or by 

e-mail at Amy.garcia@sba.gov. 

SUPPLEMENTARY INFORMATION: Section 

8(a)(17) of the Small Business Act (Act), 

15 U.S.C. 637(a)(17), and SBA’s 

implementing regulations require that 

recipients of Federal contracts set aside 

for small businesses, service-disabled 

veteran-owned small businesses, or 

Participants in the SBA’s 8(a) BD 

Program provide the product of a small 

business manufacturer or processor, if 

the recipient is other than the actual 


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