33484 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Notices 

2Attachment A to the Request consists of the 

redacted Decision of the Governors of the United 

States Postal Service on Establishment of Rate and 

Class Not of General Applicability for Express Mail 

Service (Governors’ Decision No. 09–8). The 

Governors’ Decision includes an attachment which 

provides an analysis of the proposed Express Mail 

Contract 4 and certification of the Governors’ vote. 

Attachment B is the redacted version of the 

contract. Attachment C shows the requested 

changes to the Mail Classification Schedule product 

list. Attachment D provides a statement of 

supporting justification for this Request. 

Attachment E provides the certification of 

compliance with 39 U.S.C. 3633(a). 

1The Postal Accountability and Enhancement Act 

section 1006 amends 39 U.S.C. 404(d) to provide 

that an appeal sent through the mails is deemed 

received by the Commission on the date of the 

postmark on the envelope in which the appeal is 

mailed. 

a Statement of Supporting Justification 

as required by 39 CFR 3020.32; and (5) 

certification of compliance with 39 

U.S.C. 3633(a).2 Substantively, the 

Request asks the Commission to add the 

Express Mail Contract 4 product to the 

Competitive Product List. Id. at 1–2. 

In the Statement of Supporting 

Justification, Mary Prince Anderson, 

Manager, Sales and Communications, 

Expedited Shipping, asserts that the 

service to be provided under the 

contract will cover its attributable costs, 

make a positive contribution to 

institutional costs, and increase 

contribution toward the requisite 5.5 

percent of the Postal Service’s total 

institutional costs. Id., Attachment D. 

Thus, Ms. Anderson contends there will 

be no issue of subsidization of 

competitive products by market 

dominant products as a result of this 

contract. Id. 

Related contract. A redacted version 

of the specific Express Mail Contract 4 

is included with the Request. The 

contract is for 3 years and is to be 

effective the day following the date on 

which the Commission provides all 

necessary regulatory approvals. The 

Postal Service represents that the 

contract is consistent with 39 U.S.C. 

3633(a) and 39 CFR 3015.7(c). See id., 

Attachment to Governors’ Decision and 

Attachment E. It notes that performance 

under this contract could vary from 

estimates, but concludes that the risks 

are manageable, and overall the contract 

is expected to generate significant 

contribution. Id., Attachment to 

Governors’ Decision. 

The Postal Service filed much of the 

supporting materials, including the 

Governors’ Decision and the specific 

Express Mail Contract 4, under seal. In 

its Request, the Postal Service maintains 

that the contract and related financial 

information, including the customer’s 

name and the accompanying analyses 

that provide prices, terms, conditions, 

and financial projections should remain 

under seal. Id. at 2–3. 

II. Notice of Filings 

The Commission establishes Docket 

Nos. MC2009–34 and CP2009–45 for 

consideration of the Request pertaining 

to the proposed Express Mail Contract 4 

product and the related contract, 

respectively. In keeping with practice, 

these dockets are addressed on a 

consolidated basis for purposes of this 

order; however, future filings should be 

made in the specific docket in which 

issues being addressed pertain. 

Interested persons may submit 

comments on whether the Postal 

Service’s filings in the captioned 

dockets are consistent with the policies 

of 39 U.S.C. 3632, 3633, or 3642 and 39 

CFR part 3015 and 39 CFR part 3020 

subpart B. Comments are due no later 

than July 15, 2009. The public portions 

of these filings can be accessed via the 

Commission’s Web site (http:// 

www.prc.gov). 

The Commission appoints Cassandra 

Hicks to serve as Public Representative 

in these dockets. 

III. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

Nos. MC2009–34 and CP2009–45 for 

consideration of the matters raised in 

each respective docket. 

2. Pursuant to 39 U.S.C. 505, 

Cassandra Hicks is appointed to serve as 

officer of the Commission (Public 

Representative) to represent the 

interests of the general public in these 

proceedings. 

3. Comments by interested persons in 

these proceedings are due no later than 

July 15, 2009. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

Dated: July 7, 2009. 

By the Commission. 

Judith M. Grady, 

Acting Secretary. 

[FR Doc. E9–16637 Filed 7–10–09; 8:45 am] 

BILLING CODE 7710–FW–P 

POSTAL REGULATORY COMMISSION 

[Docket No. A2009–1; Order No. 238] 

Post Office Closing 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: This document informs the 

public that an appeal of the closing of 

the Hacker Valley, WV post office has 

been filed. It identifies preliminary 

steps and provides a procedural 

schedule. Publication of this document 

will allow the Postal Service, petitioner, 

and others to take appropriate action. 

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: 

Notice is hereby given that pursuant 

to 39 U.S.C. 404(d), the Commission has 

received an appeal of the closing of the 

Hacker Valley Post Office, Hacker 

Valley, West Virginia 26222. The 

appeal, which was received by the 

Commission June 30, 2009, was 

postmarked June 20, 2009 and, 

therefore, is deemed constructively filed 

on that date.1 The appeal was filed as 

a Participant Statement on PRC Form 

61. Petitioner will have the option of 

filing supplemental information or facts 

by August 4, 2009. The Commission 

hereby institutes a proceeding under 39 

U.S.C. 404(d)(5) and designates the case 

as Docket No. A2009–1 to consider the 

petitioner’s appeal. 

Categories of issues raised. The 

categories of issues that appear to be 

raised include: 

1. Effect on the community (39 U.S.C. 

404(d)(2)(A)(i)); and 

2. Effect on employees (39 U.S.C. 

404(d)(2)(A)(ii)). 

After the Postal Service files the 

administrative record and the 

Commission reviews it, the Commission 

may find that there are more legal issues 

than those set forth above or that the 

Postal Service’s determination disposes 

of one or more of those issues. The 

deadline for the Postal Service to file the 

administrative record with the 

Commission is July 15, 2009. 39 CFR 

3001.113. 

Availability; Web site posting. The 

Commission has posted the appeal and 

supporting material on its Web site at 

http://www.prc.gov. Additional filings 

in this case and participants’ 

submissions also will be posted on the 

Web site, if provided in electronic 

format or amenable to conversion, and 

not subject to a valid protective order. 

Information on how to use the 

Commission’s Web site is available 

online or by contacting the 

Commission’s webmaster via telephone 

at 202–789–6873 or electronic mail at 

PRC-WEBMASTER@prc.gov. 

The appeal and all related documents 

are also available for public inspection 

in the Commission’s docket section. 

Docket section hours are 8 a.m. to 4:30 

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Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Notices 33485 

2 Given the difference between the Commission’s 

actual and constructive receipt of the appeal, the 

procedural schedule is developed based on the date 

the appeal was actually received, except for the due 

date of the Commission’s decision. This will afford 

participants sufficient time to develop the record 

without compromising the Commission’s ability to 

issue a timely decision. Intervenor statements or 

briefs, including from the Public Representative, are 

due within the time allowed for such statements or 

initial, reply, or answering briefs as appropriate. 

p.m., Monday through Friday, except on 

Federal government holidays. Docket 

section personnel may be contacted via 

electronic mail at prc-docket@prc.gov or 

via telephone at 202–789–6846. 

Filing of documents. All filing of 

documents in this case shall be made 

using the Internet (Filing Online) 

pursuant to Commission rules 9(a) and 

10(a) at the Commission’s Web site, 

http://www.prc.gov, unless a waiver is 

obtained. 39 CFR 3001.9(a) and 10(a). 

Instructions for obtaining an account to 

file documents online may be found on 

the Commission’s Web site, http:// 

www.prc.gov, or by contacting the 

Commission’s docket section at prcdocket@prc.gov or via telephone at 202– 

789–6846. The Commission waives the 

Filing Online requirement for the 

petitioner. 

Intervention. Those, other than the 

petitioner and respondent, wishing to be 

heard in this matter are directed to file 

a notice of intervention on or before July 

31, 2009 in accordance with 39 CFR 

3001.111(b). The notice of intervention 

shall be filed using the Internet (Filing 

Online) at the Commission’s Web site, 

http://www.prc.gov, or by waiver 

obtained for hardcopy filing. See 39 CFR 

3001.9(a) and 10(a). 

Public Representative. Richard A. 

Oliver is designated as the Public 

Representative to represent the interests 

of the general public. 

Further procedures. By statute the 

Commission is required to issue its 

decision within 120 days from the date 

this appeal was filed. See 39 U.S.C. 

404(d)(5). A procedural schedule has 

been developed to accommodate this 

statutory deadline.2 In the interest of 

expedition and in light of the 120-day 

decision schedule, the Commission may 

request the Postal Service or other 

participants to provide more 

information or to submit memoranda of 

law on any appropriate issue. As 

required by the Commission rules, if 

any motions are filed, responses are due 

7 days after any such motion is filed. 

See 39 CFR 3001.21. 

It is ordered: 

1. The Postal Service shall file the 

administrative record in this appeal or 

otherwise file a responsive pleading to 

the appeal by July 15, 2009. 

2. The procedural schedule to this 

order is listed below and hereby 

adopted. 

3. The petitioner is granted a waiver 

from Online Filing. 

4. Pursuant to 39 U.S.C. 505, Richard 

A. Oliver is designated officer of the 

Commission (Public Representative) to 

represent the interests of the general 

public. 

5. The Secretary shall arrange for 

publication of this notice and order and 

procedural schedule in the Federal 

Register. 

PROCEDURAL SCHEDULE

June 20, 2009 ..................................................................................................... Filing of Appeal. 

July 15, 2009 ....................................................................................................... Deadline for Postal Service to file administrative record in this 

appeal or responsive pleading. 

July 31, 2009 ....................................................................................................... Deadline for filing petitions to intervene (see 39 CFR 

3001.111(b)). 

August 4, 2009 .................................................................................................... Deadline for supplemental information or facts and/or initial 

briefs in support of petition (see 39 CFR 3001.115(a), (b) and 

(e)). 

August 24, 2009 .................................................................................................. Deadline for answering brief in support of Postal Service (see 39 

CFR 3001.115(c)). 

September 8, 2009 .............................................................................................. Deadline for reply briefs in response to answering briefs (see 39 

CFR 3001.115(d)). 

September 15, 2009 ............................................................................................ Deadline for motions requesting oral argument; the Commission 

will schedule oral argument only when it is a necessary addition to the written filings (see 39 CFR 3001.116). 

October 18, 2009 ................................................................................................ Expiration of the Commission 120-day decisional schedule (see 

39 U.S.C. 404(d)(5)). 

Dated: July 6, 2009. 

By the Commission. 

Judith M. Grady, 

Secretary. 

[FR Doc. E9–16620 Filed 7–10–09; 8:45 am] 

BILLING CODE 7710–FW–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11750 and #11751] 

West Virginia Disaster Number WV– 

00012 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 4. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for the State of West Virginia 

(FEMA–1838–DR), dated 05/15/2009. 

Incident: Severe storms, flooding, 

mudslides, and landslides. 

Incident Period: 05/03/2009 through 

06/08/2009. 

DATES: Effective Date: 07/01/2009. 

Physical Loan Application Deadline 

Date: 07/14/2009. 

EIDL Loan Application Deadline Date: 

02/15/2010. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street, SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: The notice 

of the Presidential disaster declaration 

for the State of West Virginia, dated 05/ 

15/2009 is hereby amended to include 

the following areas as adversely affected 

by the disaster: 

Primary Counties: (Physical Damage and 

Economic Injury Loans): Mercer. 

Contiguous Counties: (Economic Injury 

Loans Only): 

Virginia: Bland, Giles. 

All other information in the original 

declaration remains unchanged. 

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