Express Mail Contract, 65708-65709 [E8-26261]

Download as PDF 65708 Federal Register / Vol. 73, No. 214 / Tuesday, November 4, 2008 / Notices Section 213.3382 National Endowment for the Humanities NHGS80077 Associate Chairman for External Affairs to the Chairman. Effective September 26, 2008. Section 213.3384 Department of Housing and Urban Development DUGS60036 Special Assistant to the Assistant Secretary for Community Planning and Development. Effective September 02, 2008. DUGS60177 Deputy Assistant Secretary for Legislative Affairs to the Assistant Secretary for Congressional and Intergovernmental Relations. Effective September 08, 2008. DUGS60120 Media Outreach Specialist to the General Deputy Assistant Secretary for Public Affairs. Effective September 09, 2008. Authority: 5 U.S.C. 3301 and 3302; E.O. 10577, 3 CFR 1954–1958 Comp., p. 218. U.S. Office of Personnel Management. Howard Weizmann, Deputy Director. [FR Doc. E8–26219 Filed 11–3–08; 8:45 am] BILLING CODE 6325–39–P POSTAL REGULATORY COMMISSION [Docket Nos. MC2009–3 and CP2009–4; Order No. 121] Express Mail Contract Postal Regulatory Commission. Notice. AGENCY: ACTION: SUMMARY: The Commission is noticing a recently-filed Postal Service request to add Express Mail Contract 2 to the Competitive Product List. The Postal Service has also filed a related contract. The notice addresses procedural steps associated with these filings. DATES: Comments are due November 5, 2008. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at http:// www.prc.gov. FOR FURTHER INFORMATION CONTACT: dwashington3 on PRODPC61 with NOTICES Stephen L. Sharfman, General Counsel, 202–789–6820 and stephen.sharfman@prc.gov. SUPPLEMENTARY INFORMATION: I. Introduction On October 24, 2008, 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 2 VerDate Aug<31>2005 15:23 Nov 03, 2008 Jkt 217001 to the Competitive Product List.1 The Postal Service asserts that the Express Mail Contract 2 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. MC2009–3. 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. The contract is assigned Docket No. CP2009–4. The Postal Service represents that the contract fits within the proposed Mail Classification Schedule (MCS) language. 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 MCS 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).2 Substantively, the Request asks the Commission to add the Express Mail Contract 2 product to the Competitive Product List. Id. at 1–2. The Postal Service states the services to be provided under the contract will cover their attributable costs and make a positive contribution to institutional costs. Id., Attachment D. The Postal Service also asserts that the contract will increase contribution toward the requisite 5.5 percent of the Postal Service’s total institutional costs. Id., Attachment D. As a result, the Request 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 2 is included with the Request. The contract is for 3 years and is to be effective the day after the Commission provides all necessary regulatory approvals. The Postal Service represents that the contract is consistent with 39 1 Request of the United States Postal Service to Add Express Mail Contract 2 to Competitive Product List and Notice of Establishment of Rates and Class Not of General Applicability, October 24, 2008 (Request). Due to issues with the filing of electronic documents under seal, the unredacted information was not filed until around 4 p.m. on October 27, 2008. 2 Attachment 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. 08–14). The Governors’ Decision includes an attachment which provides an analysis of the proposed Express Mail Contract 2. Attachment B is the redacted version of the contract. Attachment C shows the requested changes to the MCS 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). PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 U.S.C. 3633(a) and 39 CFR 3015.7(c). See id., Attachment to Governors’ Decision and Attachment E. It notes that actual performance under this contract could vary from estimates, but concludes that the contract will remain profitable. Id., Attachment to Governors’ Decision. The Postal Service filed much of the supporting materials, including the Governors’ Decision and the specific Express Mail Contract 2, 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. II. Notice of Filings The Commission establishes Docket Nos. MC2009–3 and CP2009–4 for consideration of the Request pertaining to the proposed Express Mail Contact 2 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.3 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 November 5, 2008. 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. MC2009–3 and CP2009–4 for consideration of the matters raised in each respective 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 November 5, 2008. 3 Docket No. MC2009–3 is reserved for only those filings related to the proposed product and the requirements of § 3642, while Docket No. CP2009– 4 is reserved for those filings specific to the contract and the requirements of § 3633. E:\FR\FM\04NON1.SGM 04NON1 Federal Register / Vol. 73, No. 214 / Tuesday, November 4, 2008 / Notices 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Steven W. Williams, Secretary. [FR Doc. E8–26261 Filed 11–3–08; 8:45 am] BILLING CODE 7710–FW–P SECURITIES AND EXCHANGE COMMISSION dwashington3 on PRODPC61 with NOTICES 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 Thursday, November 13, 2008 at 2 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)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting. Commissioner Paredes, as duty officer, voted to consider the items listed for the Closed Meeting in closed session. The subject matter of the Closed Meeting scheduled for Thursday, November 13, 2008 will be: Formal orders of investigation; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; Adjudicatory matters; and Other matters relating 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: October 30, 2008. Florence E. Harmon, Acting Secretary. [FR Doc. E8–26276 Filed 11–3–08; 8:45 am] VerDate Aug<31>2005 15:23 Nov 03, 2008 Jkt 217001 [Release No. 34–58873; File No. SR– NYSEArca–2008–110] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change Relating to Listing Shares of the MacroShares $100 Oil Up Trust and the MacroShares $100 Oil Down Trust October 28, 2008. Sunshine Act Meeting BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that, on October 15, 2008, NYSE Arca, Inc. (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice and order to solicit comments on the proposed rule change from interested persons and to approve the proposed rule change on an accelerated basis. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change Pursuant to the provisions of Section 19(b)(1) of the Act,3 NYSE Arca, through its wholly owned subsidiary NYSE Arca Equities, Inc. (‘‘NYSE Arca Equities’’), proposes to list and trade under NYSE Arca Equities Rule 8.400 (‘‘Paired Trust Shares’’) shares of the MacroShares $100 Oil Up Trust (‘‘Up Trust’’) and the MacroShares $100 Oil Down Trust (‘‘Down Trust’’, and, together with the Up Trust, the ‘‘Trusts’’). The shares of the Up Trust are referred to as the Up MacroShares, and the shares of the Down Trust are referred to as the Down MacroShares (collectively, the ‘‘Shares’’). The text of the proposed rule change is available on the Exchange’s Web site at http://www.nyse.com, at the Exchange’s principal office and at the Public Reference Room of the Commission. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 15 U.S.C. 78s(b)(1). 2 17 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 65709 on the proposed rule change. The text of these statements may be examined at the places specified in Item III below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to list and trade under NYSE Arca Equities Rule 8.400 (‘‘Paired Trust Shares’’) the Up MacroShares (symbol: UOY) and the Down MacroShares (symbol: DOY).4 The Up MacroShares and the Down MacroShares will be offered by the Up Trust and the Down Trust, respectively, established by MACRO Securities Depositor LLC, as depositor, under the laws of the State of New York. The Trusts are not registered with the Commission as investment companies.5 The Trusts are currently listed on NYSE Alternext US LLC (NYSE Alternext US (formerly, the American Stock Exchange LLC (‘‘Amex’’)) and are traded on the Exchange pursuant to unlisted trading privileges (‘‘UTP’’).6 Prior to listing on the Exchange, the Trusts would be required to satisfy the applicable delisting procedures of NYSE Alternext US and applicable statutory and regulatory requirements, including, without limitation, Section 12 of the 4 The Commission approved trading a similar product on the Exchange pursuant to unlisted trading privileges when it approved NYSE Arca Equities Rule 8.400. See Securities Exchange Act Release No. 55033 (December 29, 2006), 72 FR 1253 (January 10, 2007) (SR–NYSEArca–2006–75) (approving UTP trading of Claymore MACROshares Oil Up Tradeable Shares and Claymore MACROshares Oil Down Tradeable Shares). The Commission also approved such product for listing and trading on the American Stock Exchange LLC. See Securities Exchange Act Release No. 54839 (November 29, 2006), 71 FR 70804 (December 6, 2006) (SR–Amex–2006–82) (approving listing and trading Claymore MACROshares Oil Up Tradeable Shares and Claymore MACROshares Oil Down Tradeable Shares). 5 The Shares are being offered by the Trusts under the Securities Act of 1933, as amended. On April 17, 2008, the depositor filed with the Commission a Registration Statement on Form S–1 for both the Up MacroShares (File No. 333–150282–01) (‘‘Up Trust Registration Statement’’) and the Down MacroShares (File No. 333–150282–02) (‘‘Down Trust Registration Statement’’ and together with the Up Trust Registration Statement, the ‘‘Registration Statements’’). 6 See Securities Exchange Act Release No. 58057 (June 30, 2008), 73 FR 38474 (July 7, 2008) (SR– Amex–2008–36) (order approving listing of the Trusts on the Amex) (‘‘Amex Order’’); Securities Exchange Act Release No. 58058 (June 30, 2008), 73 FR 38484 (July 7, 2008) (SR–NYSEArca–2008–65) (order approving trading of the Trusts on the Exchange pursuant to UTP) (‘‘NYSE Arca Order’’). E:\FR\FM\04NON1.SGM 04NON1

Agencies

[Federal Register Volume 73, Number 214 (Tuesday, November 4, 2008)]
[Notices]
[Pages 65708-65709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26261]


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POSTAL REGULATORY COMMISSION

[Docket Nos. MC2009-3 and CP2009-4; Order No. 121]


Express Mail Contract

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recently-filed Postal Service 
request to add Express Mail Contract 2 to the Competitive Product List. 
The Postal Service has also filed a related contract. The notice 
addresses procedural steps associated with these filings.

DATES: Comments are due November 5, 2008.

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 October 24, 2008, 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 2 to the Competitive Product List.\1\ The Postal Service 
asserts that the Express Mail Contract 2 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. 
MC2009-3.
---------------------------------------------------------------------------

    \1\ Request of the United States Postal Service to Add Express 
Mail Contract 2 to Competitive Product List and Notice of 
Establishment of Rates and Class Not of General Applicability, 
October 24, 2008 (Request). Due to issues with the filing of 
electronic documents under seal, the unredacted information was not 
filed until around 4 p.m. on October 27, 2008.
---------------------------------------------------------------------------

    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. The contract is assigned Docket No. CP2009-4. The Postal 
Service represents that the contract fits within the proposed Mail 
Classification Schedule (MCS) language.
    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 MCS 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).\2\ 
Substantively, the Request asks the Commission to add the Express Mail 
Contract 2 product to the Competitive Product List. Id. at 1-2. The 
Postal Service states the services to be provided under the contract 
will cover their attributable costs and make a positive contribution to 
institutional costs. Id., Attachment D. The Postal Service also asserts 
that the contract will increase contribution toward the requisite 5.5 
percent of the Postal Service's total institutional costs. Id., 
Attachment D. As a result, the Request contends there will be no issue 
of subsidization of competitive products by market dominant products as 
a result of this contract. Id.
---------------------------------------------------------------------------

    \2\ Attachment 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. 08-14). The Governors' 
Decision includes an attachment which provides an analysis of the 
proposed Express Mail Contract 2. Attachment B is the redacted 
version of the contract. Attachment C shows the requested changes to 
the MCS 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).
---------------------------------------------------------------------------

    Related contract. A redacted version of the specific Express Mail 
Contract 2 is included with the Request. The contract is for 3 years 
and is to be effective the 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 to Governors' Decision and Attachment E. It notes that 
actual performance under this contract could vary from estimates, but 
concludes that the contract will remain profitable. Id., Attachment to 
Governors' Decision.
    The Postal Service filed much of the supporting materials, 
including the Governors' Decision and the specific Express Mail 
Contract 2, 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.

II. Notice of Filings

    The Commission establishes Docket Nos. MC2009-3 and CP2009-4 for 
consideration of the Request pertaining to the proposed Express Mail 
Contact 2 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.\3\
---------------------------------------------------------------------------

    \3\ Docket No. MC2009-3 is reserved for only those filings 
related to the proposed product and the requirements of Sec.  3642, 
while Docket No. CP2009-4 is reserved for those filings specific to 
the contract and the requirements of Sec.  3633.
---------------------------------------------------------------------------

    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 November 5, 
2008. 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. MC2009-3 and CP2009-4 for 
consideration of the matters raised in each respective 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 November 5, 2008.

[[Page 65709]]

    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E8-26261 Filed 11-3-08; 8:45 am]
BILLING CODE 7710-FW-P