Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Notices 33483 

Competitive Product List and Notice of 

Establishment of Rates and Class Not of General 

Applicability, July 2, 2009. 

2Errata to Request of the United States Postal 

Service to Add Express Mail & Priority Mail 

Contract 7 to Competitive Product List and Notice 

of Establishment of Rates and Class Not of General 

Applicability, July 6, 2009. (Request). 

3Attachment 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 

and Priority Mail Services (Governors’ Decision No. 

09–10). The Governors’ Decision includes an 

attachment which provides an analysis of the 

proposed Express Mail and Priority Mail Contract 

7 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 the Request. 

Attachment E provides the certification of 

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

1Request of the United States Postal Service to 

Add Express Mail Contract 4 to Competitive 

Product List and Notice of Establishment of Rates 

and Class Not of General Applicability, July 6, 2009 

(Request). 

filed a revised version of its filing which 

includes attachments inadvertently 

omitted from the July 2, 2009 request.2

The Postal Service asserts that the 

Express Mail & Priority Mail Contract 7 

product is a competitive product ‘‘not of 

general applicability’’ within the 

meaning of 39 U.S.C. 3632(b)(3). Id. at 

1. The Request has been assigned 

Docket No. MC2009–32. 

The Postal Service 

contemporaneously filed a contract 

related to the proposed new product 

pursuant to 39 U.S.C. 3632(b)(3) and 39 

CFR 3015.5. Id. at 2. The contract has 

been assigned Docket No. CP2009–43. 

Request. The Request incorporates (1) 

A redacted version of the Governors’ 

Decision authorizing the new product; 

(2) a redacted version of the contract; (3) 

requested changes to the Mail 

Classification Schedule product list; (4) 

a statement of supporting justification as 

required by 39 CFR 3020.32; and (5) 

certification of compliance with 39 

U.S.C. 3633(a).3 Substantively, the 

Request seeks to add Express Mail & 

Priority Mail Contract 7 to the 

Competitive Product List. Request 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 & Priority 

Mail Contract 7 is included with the 

Request. The contract has an initial term 

of 3 years and is to be effective 1 day 

after 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 A and Attachment E. It 

notes that actual performance under this 

contract could vary from estimates, but 

concludes that the risks are manageable. 

Id., Attachment A. 

The Postal Service filed much of the 

supporting materials, including the 

Governors’ Decision and the specific 

Express Mail & Priority Mail Contract 7, 

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. MC2009–32 and CP2009–43 for 

consideration of the Request pertaining 

to the proposed Express Mail & Priority 

Mail Contract 7 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 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 Paul L. 

Harrington to serve as Public 

Representative in these dockets. 

III. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

Nos. MC2009–32 and CP2009–43 for 

consideration of the matters raised in 

each docket. 

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

Harrington 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. E9–16621 Filed 7–10–09; 8:45 am] 

BILLING CODE 7710–FW–P 

POSTAL REGULATORY COMMISSION 

[Docket Nos. MC2009–34 and CP2009–45; 

Order No. 242] 

New Competitive Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently-filed Postal Service request to 

add Express Mail Contract 4 to the 

Competitive Product List. The Postal 

Service has also filed a related contract. 

This notice addresses procedural steps 

associated with these filings. 

DATES: Comments are due July 15, 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. Introduction 

On July 6, 2009, the Postal Service 

filed a formal request pursuant to 39 

U.S.C. 3642 and 39 CFR 3020.30 et seq. 

to add Express Mail Contract 4 to the 

Competitive Product List.1 The Postal 

Service asserts that the Express Mail 

Contract 4 product is a competitive 

product ‘‘not of general applicability’’ 

within the meaning of 39 U.S.C. 

3632(b)(3). Id. at 1. The Request has 

been assigned Docket No. MC2009–34. 

The Postal Service 

contemporaneously filed a contract 

related to the proposed new product 

pursuant to 39 U.S.C. 3632(b)(3) and 39 

CFR 3015.5. Id. at 2. The contract is 

assigned Docket No. CP2009–45. 

Request. The Request incorporates (1) 

A redacted version of the Governors’ 

Decision authorizing the new product; 

(2) a redacted version of the contract; (3) 

requested changes in the Mail 

Classification Schedule product list; (4) 

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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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