Sunshine Act Meeting, 46341 [E8-18394]
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Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices
The Commission finds that this
exchange raises issues of both law and
fact relevant to whether or not the
actions, or inactions, of the Postal
Service rise to the level of undue or
unreasonable discrimination among
users of the mails, or to the granting of
undue or unreasonable preferences to
any such users in violation of 39 U.S.C.
403(c).
The pleadings raise several other
mixed issues of law and fact. These
include whether Capital One and Bank
of America are ‘‘similarly situated,’’
what constitutes a ‘‘functionally
equivalent’’ agreement in this situation,
and what, if any, harm Capital One has
or will incur.
Capital One contends that because the
Postal Service only addresses one of the
six claims presented by Capital One, the
claims that were not addressed are
properly before the Commission. Id. at
14–15. For example, Capital One raises
claims concerning the factor of the
PAEA that encourages special
classifications, available on public and
reasonable terms to similarly situated
mailers, which do not cause
unreasonable harm to the marketplace.
See 39 U.S.C. 3622(c)(10). The Postal
Service does not specifically address
these claims other than offering a
denial. Motion to Dismiss at 3. The
Commission shall hear all issues
presented by the Complaint.
IV. Opportunity for Intervention
Any interested person may file a
notice of intervention, consistent with
the Commission’s rules of practice, as a
full or limited participant. See 39 CFR
3001.20 and 3001.20a. The notice of
intervention shall be filed using the
Internet (Filing Online) at the
Commission’s Web site (https://
www.prc.gov), unless a waiver is
obtained for hard copy filing. See 39
CFR 3001.9(a) and 3001.10(a). Notices of
intervention are due no later than
August 13, 2008.
pwalker on PROD1PC71 with NOTICES
V. Discovery
Capital One, the Postal Service, and
the Public Representative may begin
discovery immediately. Discovery may
begin upon intervention by others. See
39 CFR 3001.25–28.
VI. Prehearing Conference
A prehearing conference is scheduled
for August 14, 2008, at 2:30 p.m. in the
Commission’s hearing Room. Capital
One shall be prepared to discuss any
additional time needed for discovery,
and the time needed to prepare to
present its case. In light of the
representations made as to the potential
for further negotiations (Motion to
VerDate Aug<31>2005
17:25 Aug 07, 2008
Jkt 214001
Dismiss at 6), the parties are encouraged
to search for common ground and report
on any progress during the prehearing
conference.
46341
It is Ordered
1. The Commission finds that the
Complaint of Capital One Services, Inc.,
Regarding Discrimination and Other
Violations of Law by the United States
Postal Service, filed June 19, 2008,
raises material issues of fact or law and
shall begin proceedings in this
Complaint.
2. The Motion of the United States
Postal Service to Dismiss Complaint,
filed July 21, 2008, is denied.
3. The Commission will sit en banc in
this proceeding.
4. The deadline for filing notices of
intervention is August 13, 2008. Notices
shall indicate whether the intervening
party intends to participate in the
hearing and the nature of that
participation.
5. A prehearing conference will be
held in the Commission’s hearing Room
on August 14, 2008, at 2:30 p.m.
6. The Commission appoints E. Rand
Costich as Public Representative to
represent the interests of the general
public in this proceeding.
7. The Secretary shall arrange for
publication of this order in the Federal
Register.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(5), (7), 9(B) and (10) and
17 CFR 200.402(a)(5), (7), 9(ii) and (10),
permit consideration of the scheduled
matters at the Closed Meeting.
Commissioner Casey, as duty officer,
voted to consider the items listed for the
Closed Meeting in closed session, and
determined that no earlier notice thereof
was possible.
The subject matter of the Closed
Meeting scheduled for August 5, 2008
will be: Institution and settlement of
injunctive actions; and other matters
related to enforcement proceedings.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact:
The Office of the Secretary at (202)
551–5400.
Dated: August 5, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–18394 Filed 8–7–08; 8:45 am]
VII. Representation of the General
Public
Pursuant to 39 U.S.C. 505, E. Rand
Costich is appointed to serve as officer
of the Commission (Public
Representative) to represent the
interests of the general public in the
above-captioned docket.
By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E8–18292 Filed 8–7–08; 8:45 am]
BILLING CODE 7710–FW–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a Closed Meeting
on August 5, 2008 at 5 p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the Closed Meeting. Certain
staff members who have an interest in
the matters also may be present.
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
BILLING CODE 8010–01–P
UNITED STATES SENTENCING
COMMISSION
Sentencing Guidelines for United
States Courts
United States Sentencing
Commission.
ACTION: Notice of proposed priorities.
AGENCY:
SUMMARY: As part of its statutory
authority and responsibility to analyze
sentencing issues, including operation
of the federal sentencing guidelines, and
in accordance with Rule 5.2 of its Rules
of Practice and Procedure, the
Commission is seeking comment on
possible priority policy issues for the
amendment cycle ending May 1, 2009.
DATES: Public comment should be
received on or before September 8,
2008.
Send comments to: United
States Sentencing Commission, One
Columbus Circle, NE., Suite 2–500,
South Lobby, Washington, DC 20002–
8002, Attention: Public Affairs-Priorities
Comment.
FOR FURTHER INFORMATION CONTACT:
Michael Courlander, Public Affairs
Officer, Telephone: (202) 502–4590.
SUPPLEMENTARY INFORMATION: The
United States Sentencing Commission is
ADDRESSES:
E:\FR\FM\08AUN1.SGM
08AUN1
Agencies
[Federal Register Volume 73, Number 154 (Friday, August 8, 2008)]
[Notices]
[Page 46341]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18394]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on August 5, 2008 at
5 p.m.
Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(5), (7), 9(B) and (10) and 17 CFR 200.402(a)(5),
(7), 9(ii) and (10), permit consideration of the scheduled matters at
the Closed Meeting.
Commissioner Casey, as duty officer, voted to consider the items
listed for the Closed Meeting in closed session, and determined that no
earlier notice thereof was possible.
The subject matter of the Closed Meeting scheduled for August 5,
2008 will be: Institution and settlement of injunctive actions; and
other matters related to enforcement proceedings.
At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
The Office of the Secretary at (202) 551-5400.
Dated: August 5, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-18394 Filed 8-7-08; 8:45 am]
BILLING CODE 8010-01-P