Premium Forwarding Service, 32366-32367 [E8-12763]
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32366
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Notices
contracts to the Notice.2 Docket No.
CP2008–4 has been filed pursuant to 39
U.S.C. 3632(b)(3) and 39 CFR 3015.5
and 3020.90. In support of this docket,
the Postal Service has also filed
materials under seal, including the
Governors’ decision. The Postal Service
claims that ‘‘[c]ontract prices are highly
confidential in the business world
* * * [and that its] ability * * * to
negotiate individual contracts would be
severely compromised if prices for these
types of agreements were publicly
disclosed.’’ Id. at 1–2.
The notice in Docket No. CP2008–5,
announces an individual negotiated
service agreement, namely, a specific
GEPS contract the Postal Service has
entered into with an individual mailer.3
Docket No. CP2008–5 has been filed
pursuant to 39 CFR 3015.5. In support
of this docket, the Postal Service has
also filed materials, including the
contract and supporting materials,
under seal. Here the Postal Service
asserts that ‘‘[t]he names of customers
who enter into respective contracts and
the related contract prices are highly
confidential business information.’’ Id.
at 1.
The Postal Service’s filings in these
dockets are related. Docket No. CP2008–
4 establishes, in essence, a shell
classification, while Docket No.
CP2008–5 is a specific agreement
negotiated pursuant to the conditions of
the shell classification. Given this
interrelationship, the Commission will
consolidate these proceedings for
purposes of review.4
In Order No. 43, the Commission
issued regulations establishing a
modern system of rate regulation,
including a list of competitive products.
PRC Order No. 43, October 29, 2007,
paras. 3061, 4013. Among other things,
the Commission determined that each
negotiated service agreement would
initially be classified as a separate
product. The Commission also
acknowledged, however, the possibility
of grouping functionally equivalent
agreements as a single product if they
exhibit similar cost and market
characteristics. Id. paras. 2177 and 3001.
Thus, the specific GEPS agreement filed
in Docket No. CP2008–5 will be
classified as a new product.
As noted above, the Postal Service
filed both dockets pursuant to rule
PWALKER on PROD1PC71 with NOTICES
2 The
draft MCS remains under review. The
Commission anticipates providing interested
persons an opportunity to comment on the draft
MCS in the near future.
3 Notice of United States Postal Service of Filing
a Global Expedited Package Service Contract
(Pricing Notice).
4 All future filings in the consolidated docket
shall be made under Docket No. CP2008–5.
VerDate Aug<31>2005
16:09 Jun 05, 2008
Jkt 214001
3015.5.5 Recognizing that the Postal
Service’s filings in this consolidated
proceeding (along with the
concomitantly filed notices in Docket
Nos. CP2008–6 and CP2008–7)
represent the Postal Service’s first
filings involving competitive rates not of
general applicability under section
3632(b)(3) of title 39, the Commission
will proceed as if the GEPS negotiated
service agreement also had been filed
pursuant to 39 CFR part 3020, subpart
B. As a consequence, the Commission
will review the consolidated dockets
pursuant to rule 3020.34.6 Because the
Commission in its own discretion
consolidated Docket Nos. CP2008–4 and
CP2008–5 and will review them under
rule 3020.34, the Postal Service may, if
it wishes to do so, supplement the
materials already filed with the
Commission.7
In addition, the Commission directs
the Postal Service to identify and list
any contracts currently in existence
(and their respective expiration dates)
that would no longer qualify as GEPS
contracts under the proposed revised
Mail Classification Schedule language
for section 2610.2 attached to the Notice
in Docket No. CP2008–4. The revised
language modifies the GEPS eligibility
criteria by, among other things,
requiring the mailer on an annual basis
to mail at least 5,000 pieces (instead of
600 pieces), or pay postage of at least
$100,000 (instead of $12,000). The
Commission also directs the Postal
Service to provide a detailed
justification for why it believes that
GEPS contracts’ expiration dates
(without disclosing the identity of the
customer) should not be made publicly
available. Answers to the Commission’s
questions and any supplemental
materials that the Postal Service plans to
provide are due no later than June 10,
2008.
Interested persons may express views
and offer comments on whether the
planned changes are consistent with the
policies of 39 U.S.C. 3632, 3633 or 3642.
5 Docket No. CP2008–4 was also filed pursuant to
39 CFR 3020.90.
6 Filings to change or add rates not of general
applicability are properly made under rule 3015.5.
Postal Service filings to modify the product lists are
properly made under part 3020, subpart B. Filings
involving negotiated service agreements implicate
both sets of rules until such time that a group of
negotiated service agreements are shown to be
classified properly as one product. The Commission
anticipates that with experience and the adoption
of the MCS, the review process will proceed
relatively quickly.
7 The Commission characterizes the Governors’
decision and associated materials filed in Docket
No. CP2008–4 as material that supports the specific
negotiated service agreement filed in Docket No.
CP2008–5.
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Sfmt 4703
Comments are due no later than June 16,
2008.
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 the
above-captioned docket.
It is ordered:
1. The proceedings under Docket Nos.
CP2008–4 and CP2008–5 are
consolidated. All future filings in the
consolidated docket are to be made
under Docket No. CP2008–5.
2. As set forth in the body of this
order, the Postal Service is provided
with an opportunity to supplement the
materials already filed with the
Commission. Any supplemental
materials that the Postal Service wishes
to provide are due no later than June 10,
2008.
3. Comments on issues in this
consolidated proceeding are due no
later than June 16, 2008.
4. The Commission appoints Paul L.
Harrington as Public Representative to
represent the interests of the general
public in this proceeding.
5. The Secretary shall arrange for
publication of this notice and order in
the Federal Register.
By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E8–12767 Filed 6–5–08; 8:45 am]
BILLING CODE 7710–FW–P
POSTAL REGULATORY COMMISSION
[Docket No. MC2008–4; Order No. 80]
Premium Forwarding Service
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
SUMMARY: This document announces a
formal docket to consider transferring
the classification of Premium
Forwarding Service from the market
dominant products list to the
competitive products list. It solicits
comments to assist in this task.
DATES: Comments due June 16, 2008.
ADDRESSES: Submit documents
electronically via the Commission’s
Filing Online system at https://
www.prc.gov.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820 and
stephen.sharfman@prc.gov.
On May
30, 2008, the Postal Service filed a
request to modify the Mail Classification
Schedule transferring Premium
SUPPLEMENTARY INFORMATION:
E:\FR\FM\06JNN1.SGM
06JNN1
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Notices
Forwarding Service (PFS), which is
currently classified as a market
dominant product and part of the
Special Services class, to the
competitive products list.1 The Request
is made pursuant to 39 U.S.C. 3642 and
39 CFR 3020.30 et. seq. and includes
two attachments.2 Rule 3020.30 allows
the Postal Service to request the transfer
of a product from the market dominant
products list to the competitive
products list. The Postal Service must
provide detailed support and
justification for such a request. 39 CFR
3020.31 and 3020.32. The Commission
reviews the Request and the comments
of interested parties under § 3020.34.
PFS provides residential postal
customers with a forwarding service for
their mail when they are away from
their primary residences. Most mail
from a customer’s permanent address is
forwarded once a week via Priority Mail
to the customer’s temporary address.3
The customer is charged a $10
enrollment fee and a weekly fee of
$11.95.4 PFS is used by postal
customers with multiple residences, or
those on extended travel for business, or
personal reasons, and recreational
vehicle owners.
The Postal Service supports its
Request with a Statement of Supporting
Justification from Maura Robinson,
Pricing Systems and Analysis Manager,
at the Postal Service. The Postal Service
explains that no Governors’ Decision
was required in this case since no
change in classification or price is
proposed, but merely a transfer of a
product from one product list to
another. Request at 1. The Postal Service
also asserts that PFS will ‘‘meet the
statutory cost coverage requirements’’
applicable to competitive products
under 39 U.S.C. 3633. Attachment B at
PWALKER on PROD1PC71 with NOTICES
1 Request
of United States Postal Service, May 30,
2008 (Request).
2 Attachment A illustrates the proposed changes
to the Mail Classification Schedule. Attachment B
is a Statement of Supporting Justification by Maura
Robinson, Manager, Pricing Systems and Analysis
for the Postal Service.
3 Mail that will be rerouted separately includes
mail requiring a scan, signature, or additional
postage at delivery. Express Mail articles are
rerouted immediately. Priority Mail articles are
rerouted separately unless shipping them in the
PFS package would not delay their delivery. FirstClass Mail packages that do not fit in the weekly
PFS shipment will be rerouted separately. Standard
Mail pieces will only be included in the PFS
package if they can be accommodated in the PFS
package after letters, flats or large envelopes, and
magazines have been included. Otherwise,
Standard Mail pieces will be shipped postage due.
Parcel Post, Bound Printed Matter, Media Mail, and
Library Mail pieces will not be included in the PFS
package, but will be shipped postage due.
4 PFS is available for a minimum of two weeks
and maximum of 52 weeks. Payment for the entire
period of service is due with the application.
VerDate Aug<31>2005
16:09 Jun 05, 2008
Jkt 214001
1–2. The Postal Service further asserts
that because private alternative options
to PFS are available in the form of
commercial mail forwarding services or
informal agreements with friends that
PFS properly belongs in the competitive
product category. Id. at 3–4. The Postal
Service also contends with regard to
PFS that it does not have the ‘‘ability to
set prices substantially above costs,
raise prices significantly, decrease
quality, or decrease output, without
losing a significant level of business.’’
Id. at 3. The Postal Service asserts the
position that the ‘‘[t]ransfer of PFS to
the competitive product list will ensure
that its revenues are appropriately
classified, since * * * PFS is provided
within a competitive market.’’ Id. at 5.
Pursuant to § 3020.33, the
Commission provides interested persons
an opportunity to express views and
offer comments on whether the planned
transfer is consistent with the policies of
39 U.S.C. 3633 and 3642. Comments are
due no later than June 16, 2008.
Pursuant to 39 U.S.C. 505, Kenneth E.
Richardson is appointed to serve as
officer of the Commission (Public
Representative) to represent the
interests of the general public in the
above-captioned docket.
It is Ordered:
1. Docket No. MC2008–4 is
established to consider the Postal
Service Request referred to in the body
of this order.
2. Comments are due no later than
June 16, 2008.
3. The Commission appoints Kenneth
E. Richardson as Public Representative
to represent the interests of the general
public in this proceeding.
4. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E8–12763 Filed 6–5–08; 8:45 am]
BILLING CODE 7710–FW–P
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon written request, copies available
from: U.S. Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension: Rule 15c2–11; OMB Control No.
3235–0202; SEC File No. 270–196.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
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Fmt 4703
Sfmt 4703
32367
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget a
request for approval of extension of the
existing collection of information
provided for in the following rule: Rule
15c2–11 (17 CFR 240.15c2–11).
On September 13, 1971, effective
December 13, 1971 (see 36 FR 18641,
September 18, 1971), the Commission
adopted Rule 15c2–11 (‘‘Rule 15c2–11’’
or ‘‘Rule’’) under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et
seq.) to regulate the initiation or
resumption of quotations in a quotation
medium by a broker-dealer for over-thecounter (‘‘OTC’’) securities. The Rule
was designed primarily to prevent
certain manipulative and fraudulent
trading schemes that had arisen in
connection with the distribution and
trading of unregistered securities issued
by shell companies or other companies
having outstanding but infrequently
traded securities. Subject to certain
exceptions, the Rule prohibits brokersdealers from publishing a quotation for
a security, or submitting a quotation for
publication, in a quotation medium
unless they have reviewed specified
information concerning the security and
the issuer.
Based on information provided by
Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’), in the 2006
calendar year, FINRA received
approximately 970 applications from
broker-dealers to initiate or resume
publication of covered OTC securities in
the OTC Bulletin Board and/or the Pink
Sheets or other quotation mediums. We
estimate that (i) 80% of the covered
OTC securities were issued by reporting
issuers, while the other 20% were
issued by non-reporting issuers, and (ii)
it will take a broker-dealer about 4 hours
to review, record and retain the
information pertaining to a reporting
issuer, and about 8 hours to review,
record and retain the information
pertaining to a non-reporting issuer.
We therefore estimate that brokerdealers who initiate or resume
publication of quotations for covered
OTC securities of reporting issuers will
require 3,104 hours (970 × 80% × 4) to
review, record and retain the
information required by the Rule. We
estimate that broker-dealers who initiate
or resume publication of quotations for
covered OTC securities of non-reporting
issuers will require 1,552 hours (970 ×
20% × 8) to review, record and retain
the information required by the Rule.
Thus, we estimate the total annual
burden hours for broker-dealers to
initiate or resume publication of
quotations of covered OTC securities to
E:\FR\FM\06JNN1.SGM
06JNN1
Agencies
[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Notices]
[Pages 32366-32367]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12763]
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
[Docket No. MC2008-4; Order No. 80]
Premium Forwarding Service
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This document announces a formal docket to consider
transferring the classification of Premium Forwarding Service from the
market dominant products list to the competitive products list. It
solicits comments to assist in this task.
DATES: Comments due June 16, 2008.
ADDRESSES: Submit documents electronically via the Commission's Filing
Online system at https://www.prc.gov.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
202-789-6820 and stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION: On May 30, 2008, the Postal Service filed a
request to modify the Mail Classification Schedule transferring Premium
[[Page 32367]]
Forwarding Service (PFS), which is currently classified as a market
dominant product and part of the Special Services class, to the
competitive products list.\1\ The Request is made pursuant to 39 U.S.C.
3642 and 39 CFR 3020.30 et. seq. and includes two attachments.\2\ Rule
3020.30 allows the Postal Service to request the transfer of a product
from the market dominant products list to the competitive products
list. The Postal Service must provide detailed support and
justification for such a request. 39 CFR 3020.31 and 3020.32. The
Commission reviews the Request and the comments of interested parties
under Sec. 3020.34.
---------------------------------------------------------------------------
\1\ Request of United States Postal Service, May 30, 2008
(Request).
\2\ Attachment A illustrates the proposed changes to the Mail
Classification Schedule. Attachment B is a Statement of Supporting
Justification by Maura Robinson, Manager, Pricing Systems and
Analysis for the Postal Service.
---------------------------------------------------------------------------
PFS provides residential postal customers with a forwarding service
for their mail when they are away from their primary residences. Most
mail from a customer's permanent address is forwarded once a week via
Priority Mail to the customer's temporary address.\3\ The customer is
charged a $10 enrollment fee and a weekly fee of $11.95.\4\ PFS is used
by postal customers with multiple residences, or those on extended
travel for business, or personal reasons, and recreational vehicle
owners.
---------------------------------------------------------------------------
\3\ Mail that will be rerouted separately includes mail
requiring a scan, signature, or additional postage at delivery.
Express Mail articles are rerouted immediately. Priority Mail
articles are rerouted separately unless shipping them in the PFS
package would not delay their delivery. First-Class Mail packages
that do not fit in the weekly PFS shipment will be rerouted
separately. Standard Mail pieces will only be included in the PFS
package if they can be accommodated in the PFS package after
letters, flats or large envelopes, and magazines have been included.
Otherwise, Standard Mail pieces will be shipped postage due. Parcel
Post, Bound Printed Matter, Media Mail, and Library Mail pieces will
not be included in the PFS package, but will be shipped postage due.
\4\ PFS is available for a minimum of two weeks and maximum of
52 weeks. Payment for the entire period of service is due with the
application.
---------------------------------------------------------------------------
The Postal Service supports its Request with a Statement of
Supporting Justification from Maura Robinson, Pricing Systems and
Analysis Manager, at the Postal Service. The Postal Service explains
that no Governors' Decision was required in this case since no change
in classification or price is proposed, but merely a transfer of a
product from one product list to another. Request at 1. The Postal
Service also asserts that PFS will ``meet the statutory cost coverage
requirements'' applicable to competitive products under 39 U.S.C. 3633.
Attachment B at 1-2. The Postal Service further asserts that because
private alternative options to PFS are available in the form of
commercial mail forwarding services or informal agreements with friends
that PFS properly belongs in the competitive product category. Id. at
3-4. The Postal Service also contends with regard to PFS that it does
not have the ``ability to set prices substantially above costs, raise
prices significantly, decrease quality, or decrease output, without
losing a significant level of business.'' Id. at 3. The Postal Service
asserts the position that the ``[t]ransfer of PFS to the competitive
product list will ensure that its revenues are appropriately
classified, since * * * PFS is provided within a competitive market.''
Id. at 5.
Pursuant to Sec. 3020.33, the Commission provides interested
persons an opportunity to express views and offer comments on whether
the planned transfer is consistent with the policies of 39 U.S.C. 3633
and 3642. Comments are due no later than June 16, 2008.
Pursuant to 39 U.S.C. 505, Kenneth E. Richardson is appointed to
serve as officer of the Commission (Public Representative) to represent
the interests of the general public in the above-captioned docket.
It is Ordered:
1. Docket No. MC2008-4 is established to consider the Postal
Service Request referred to in the body of this order.
2. Comments are due no later than June 16, 2008.
3. The Commission appoints Kenneth E. Richardson as Public
Representative to represent the interests of the general public in this
proceeding.
4. The Secretary shall arrange for publication of this order in the
Federal Register.
By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E8-12763 Filed 6-5-08; 8:45 am]
BILLING CODE 7710-FW-P