Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices 21837 

1United States Postal Service Notice of MarketDominant Price Adjustment, May 1, 2009 (Notice). 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 52–034–COL, ASLBP No. 09– 

886–09–COL–BD01, and 52–035–COL] 

Luminant Generation Company, LLC; 

Establishment of Atomic Safety and 

Licensing Board 

Pursuant to delegation by the 

Commission dated December 29, 1972, 

published in the Federal Register, 37 FR 

28,710 (1972), and the Commission’s 

regulations, see 10 CFR 2.104, 2.300, 

2.303, 2.309, 2.311, 2.318, and 2.321, 

notice is hereby given that an Atomic 

Safety and Licensing Board (Board) is 

being established to preside over the 

following proceeding: 

Luminant Generation Company, LLC 

(Comanche Peak Nuclear Power Plant, 

Units 3 and 4) 

This proceeding concerns a Petition to 

Intervene and Request for Hearing dated 

April 6, 2009 from the Sustainable 

Energy and Economic Development 

Coalition, et al., that was submitted in 

response to a February 5, 2009 Notice of 

Order, Hearing, and Opportunity To 

Petition for Leave To Intervene (74 FR 

6177). Petitioners challenge the 

application filed by Luminant 

Generation Company LLC pursuant to 

subpart C of 10 CFR part 52 for a 

combined license for Comanche Peak 

Nuclear Power Plant, Units 3 and 4, to 

be located in Somervell County, Texas. 

The Board is comprised of the 

following administrative judges: 

Ann Marshall Young, Chair, Atomic 

Safety and Licensing Board Panel, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, 

Gary S. Arnold, Atomic Safety and 

Licensing Board Panel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, 

Alice C. Mignerey, Atomic Safety and 

Licensing Board Panel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

All correspondence, documents, and 

other materials shall be filed in 

accordance with the NRC E–Filing rule, 

which the NRC promulgated in August 

2007 (72 FR 49,139). 

Issued at Rockville, Maryland, this 4th day 

of May 2009. 

E. Roy Hawkens, 

Chief Administrative Judge, Atomic Safety 

and Licensing Board Panel. 

[FR Doc. E9–10930 Filed 5–8–09; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket No. R2009–3; Order No. 209] 

Postal Service Price Changes 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is 

conducting a review of the Postal 

Service’s planned Standard Mail 

Volume Incentive Pricing Program 

(Summer Sale). This document invites 

public comment. 

DATES: Comments are due May 21, 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: 

I. Overview 

On May 1, 2009, the Postal Service 

filed with the Commission a notice 

announcing its intention to adjust prices 

for Standard Mail letters and flats 

pursuant to 39 U.S.C. 3622 and 39 CFR 

part 3010.1 The proposed adjustment is 

in the form of a ‘‘Standard Mail Volume 

Incentive Pricing Program’’ (also known 

as the Summer Sale program) with a 

planned implementation date of July 1, 

2009 and a planned expiration date of 

September 30, 2009. This proposal 

represents an innovative approach by 

the Postal Service to utilize greater 

pricing flexibility for market dominant 

products under the Postal 

Accountability and Enhancement Act 

(PAEA), Public Law 109–435, 120 Stat. 

3218 (2006). 

II. Postal Service Filing 

Summer Sale Program. The proposed 

Summer Sale program will provide a 30 

percent rebate to eligible mailers on 

Standard Mail letters and flats volumes 

above a mailer specific threshold. Id. at 

3. The threshold is calculated based on 

the percentage change between the 

mailer’s volume during the current 

fiscal year (through March 2009) and the 

volume for the same period last year 

(trend), and applying that percentage to 

the volume mailed during the summer 

months the previous year (July 1, 2008 

and September 30, 2008). Id. at 3–4. To 

discourage mailers from shifting 

planned October 2009 mailings into the 

Summer Sale program, the Postal 

Service will measure each mailer’s 

October 2009 volume against the prior 

year’s volume for that month and reduce 

the rebate if the mailer is found to have 

mailed less in October 2009. Id. at 4. 

Eligibility for the Summer Sale 

program is limited to mailers who are 

permit holders, i.e., owners of a permit 

imprint advance deposit account and 

who have a demonstrable volume of at 

least 1 million Standard Mail letters and 

flats between October 1, 2007 and 

March 31, 2008 for one or more permit 

imprint advance deposit accounts, precanceled stamp permits, or postage 

meter permits. Id. at 4. Mail service 

providers are not eligible for the 

program due to the significant 

administrative cost to the Postal Service. 

Id. at 5. However, applicants may 

qualify for the program with volume 

mailed through an account owned by a 

mail service provider if the applicant 

can adequately demonstrate that it is the 

owner of the mail. Id. at 4. 

In support of the proposal, the Postal 

Service notes that the economy has 

adversely affected many postal 

customers, resulting in a precipitous 

decline in Standard Mail volume. Id. at 

2. The Postal Service believes the 

Summer Sale program may help its 

customers increase use of Standard Mail 

during what is typically a low volume 

period for Standard Mail. Id. at 2–3. The 

Postal Service also believes it will 

receive intangible benefits from the 

proposed program, including learning 

information which may improve postal 

data systems, gathering feedback from 

customers, which may help fine tune 

future programs, and improving 

customer relations. Id. at 3. 

Conformance with 39 CFR 3010. The 

Postal Service’s proposed schedule of 

prices appears in Appendix A, attached 

to the Notice. Id. at 1. It also represents, 

in conformance with the notice 

requirements of 39 CFR 3010.14(a)(3), 

that it will issue public notice of the 

price changes at least 45 days before the 

effective date via several additional 

means, including issuing notice of the 

price changes on the Postal Service’s 

Web site (http://www.usps.com), the 

Postal Explorer Web site (http:// 

www.pe.usps.com), the DMM [Domestic 

Mail Manual] Advisory, and the P&C 

[Producers and Consumers] Weekly, and 

a press release announcing the changes. 

The Postal Service also states that it 

plans to provide public notice of the 

price changes in future issues of the 

PCC [Postal Customer Council] Insider, 

MailPro, the Postal Bulletin, and the 

Federal Register. Id. at 1–2. The Postal 

Service identifies Greg Dawson, 

Manager, Pricing Strategy, as the official 

available to provide prompt responses 

21838 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices 

to requests for clarification from the 

Commission. 

Impact on the Price Cap. The Postal 

Service proposes to treat the program, 

for purposes of the price cap, as if it 

were a negotiated service agreement 

subject to 39 CFR 3010.24. Id. at 8. The 

Postal Service signals its intent to ignore 

the net price decrease resulting from the 

program, and for purposes of the price 

cap, calculate revenues for the volumes 

as though they paid the appropriate 

non-discounted rates. Id. at 8; 39 CFR 

3010.24(a). Therefore, the Postal Service 

makes no calculation of cap or price 

changes as described in 39 CFR 

3010.14(b)(1) through (4). Notice at 8. 

Objectives and Factors, Workshare 

Discounts, and Preferred Rates. The 

Postal Service lists the relevant 

objectives and factors of 39 U.S.C. 3622, 

and claims that the program supports 

several factors and is unlikely to impact 

the ability of Standard Mail (as a class) 

to cover its costs. Id. at 8–13. The Postal 

Service also asserts that, to the extent it 

affects workshare discounts, the 

program will shrink them, keeping 

discounts with a passthrough of 100 

percent or less in compliance, and 

bringing passthroughs over 100 percent 

closer to compliance. Id. at 13. The 

Postal Service also indicates that 

Standard Mail letters and flats entered 

at nonprofit prices will be eligible for 

the same rebate, and since the rebate is 

a fixed percentage, the 60 percent 

differential between regular and 

nonprofit prices will remain unchanged. 

Id. 

Mail Classification Schedule (MCS) 

Language. The Postal Service addresses 

39 CFR 3010.14(b)(9) in Appendix A of 

its Notice. Id. at 1. This rule requires 

that the notice include all the changes 

to the product descriptions within the 

MCS that are necessitated by the 

planned price adjustments. These 

changes are presented based on draft 

MCS language being developed by the 

Commission in cooperation with the 

Postal Service. The draft MCS will be 

the subject of a future rulemaking, 

which will include the opportunity for 

public comment. The Postal Service 

provides the proposed MCS revisions in 

Appendix A. 

III. Commission Action 

The Commission establishes Docket 

No. R2009–3 to consider all matters 

related to the Notice as required by 39 

U.S.C. 3622. The Commission’s rules 

provide for a 20 day comment period 

starting from the date of the filing of the 

Notice. See 39 CFR 3010.13(a)(5). 

Interested persons may express views 

and offer comments on whether the 

planned changes are consistent with the 

policies of 39 U.S.C. 3622 and 39 CFR 

part 3010. Comments are due no later 

than May 21, 2009. 

The Commission appoints Richard A. 

Oliver and Kenneth R. Moeller to 

represent the interests of the general 

public in this proceeding. See 39 U.S.C. 

505. Pursuant to rule 3010.13(c), the 

Commission will issue its determination 

in this proceeding by June 4, 2009. 

IV. Ordering Paragraphs 

It is Ordered: 

1. The Commission establishes Docket 

No. R2009–3 to consider matters raised 

by the Postal Service’s May 1, 2009 

filing. 

2. Interested persons may submit 

comments on the planned price 

adjustments. Comments are due May 21, 

2009. 

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

Commission appoints Richard A. Oliver 

and Kenneth R. Moeller to represent the 

interests of the general public in this 

proceeding. 

4. The Commission directs the 

Secretary of the Commission to arrange 

for prompt publication of this Notice in 

the Federal Register. 

By the Commission. 

Steven W. Williams, 

Secretary. 

[FR Doc. E9–10862 Filed 5–8–09; 8:45 am] 

BILLING CODE 7710–FW–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 Product 

Service Code (PSC) 9130—Liquid 

Propellants—Petroleum Base. 

SUMMARY: The U. S. Small Business 

Administration (SBA) is considering 

granting a waiver of the 

Nonmanufacturer Rule for PSC 9130— 

Liquid Propellants—Petroleum Base. 

According to a request, no small 

business manufacturers supply these 

classes of products to the Federal 

government. If granted, the waiver 

would allow otherwise qualified 

nonmanufacturer to supply the products 

of any manufacturer on a Federal 

contract set aside for small businesses, 

service-disabled veteran-owned small 

businesses, or participants in the SBA’s 

8(a) Business Development Program. 

DATES: Comments and source 

information must be submitted May 26, 

2009. 

ADDRESSES: You may submit comments 

and source information to Pamela M. 

McClam, Program Analyst, Small 

Business Administration, Office of 

Government Contracting, 409 3rd Street, 

SW., Suite 8800, Washington, DC 20416. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Pamela M. McClam, 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), and SBA’s 

implementing regulations provide that 

recipients of Federal contracts set aside 

for small businesses, service-disabled 

veteran-owned small businesses, or 

participants in the SBA’s 8(a) Business 

Development Program must 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), 125.15(c). 

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. 

In order to be considered available to 

participate in the Federal market for a 

class of products, a small business 

manufacturer must have submitted a 

proposal for a contract solicitation or 

received a contract from the Federal 

government within the last 24 months. 

13 CFR 121.1202(1). The SBA defines 

‘‘class of products’’ based on a six digit 

coding system. The coding system is the 

Office of Management and Budget North 

American Industry Classification 

System (NAICS). In addition, SBA uses 

product service codes to identify 

particular products within the NAICS 

code to which a waiver would apply. 

The SBA is currently processing a 

request to waive the Nonmanufacturer 

Rule under NAICS code 324110, for 

Petroleum Refineries, PSC 9130—Liquid 

Propellants—Petroleum Base. 

The public is invited to comment or 

provide source information to SBA on 

the proposed waivers of the 

Nonmanufacturer Rule for this class of 

products within 15 days after date of 

publication in the Federal Register. 

Karen C. Hontz, 

Director for Government Contracting. 

[FR Doc. E9–10926 Filed 5–8–09; 8:45 am] 

BILLING CODE 8025–01–P