Market Test of “Collaborative Logistics” Experimental Product, 15785-15786 [E9-7765]
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Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices
Stationery, and Related Items; Shipping
and Mailing Supplies; International
Money Transfer Service-Outbound
(IMTS-Outbound); and International
Money Transfer Service-Inbound (IMTSInbound). Id.
The Postal Service explains that no
Governors’ decision was required in this
case since this request is simply for the
placement on the MCS product lists of
already-existing products, at alreadyexisting prices. Id.
In accordance with section
3020.31(d), the Postal Service states that
none of these products constitutes a
special classification within the
meaning of 39 U.S.C. 3622(c)(10) for
market dominant products, or
constitutes a nonpostal product. None of
these products constitutes a product not
of general applicability within the
meaning of 39 U.S.C. 3632(b)(3), with
the exception of IMTS-Inbound. The
terms governing IMTS-Inbound are
documented in 10 agreements with
foreign postal administrations. Id.
The Postal Service states that the 10
negotiated agreements under
consideration as the IMTS-Inbound
product are functionally equivalent and
may be considered price categories
within that product. The Postal Service
therefore requests the Commission to
treat them as functionally equivalent
and to classify them collectively as
IMTS-Inbound agreements within the
MCS. Id. at 9–10.5
The proposed MCS language in
Attachment A of the Request is identical
to the MCS language that has previously
been filed by the Postal Service with
respect to these services,6 with the four
following exceptions. Language for
International Money Transfer Service
has been revised. The price range for
Greeting Cards, Stationery, and Related
Items has been revised to take into
5 The Postal Service has filed by separate notice
in this docket material identified as USPS–
MC2009–19/1, Public Supporting Materials Relating
to International Products. With redactions, the
material includes public portions of eight bilateral
agreements for International Money Order service.
Five of the bilateral agreements that make up the
IMTS-Inbound product also have been filed under
seal as they include information of a commercial
nature relating to commissions and fees. See USPS–
MC2009–19/NP1, Nonpublic Supporting Materials
Relating to Competitive and International Products.
Id. at 4.
6 See Docket No. CP2009–8, Notice of the United
States Postal Service of Changes in Rates of General
Applicability for Competitive Products Established
in Governors’ Decision No. 08–19, Attachment B at
102–04, November 13, 2008 (referring to IMTS);
Docket No. MC2008–1, United States Postal Service
Notice of Filing of Proposed Mail Classification
Schedule Language for Four Products It Requests
Should Be Added to the Product Lists as Postal
Services, October 17, 2008 (referring to Address
Management Services; Customized Postage;
Shipping and Mailing Supplies; and Greeting Cards,
Stationery and Related Items).
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17:13 Apr 06, 2009
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account an existing stationery set whose
price falls outside of the price range as
originally proposed. The Customized
Postage product has been changed to
read ‘‘customer-selected images’’ to
recognize that customers can order
customized postage using library images
provided by the vendor or a third party.
As the last exception, the name of the
competitive address management
services has been changed to ‘‘Address
Enhancement Service’’ to distinguish it
from its market dominant counterpart.
Id. at 3.
The MCS language in Attachment A
modifies the language previously filed
with the Commission in Docket No.
CP2009–8 and creates separate IMTS
services to distinguish the inbound
exchanges from the outbound
exchanges. Id. at 7. New language is
added to reflect the expectation of the
Universal Postal Union (UPU) that
member countries will, as of January 1,
2010, designate operators, which may or
may not be posts, to fulfill on their
behalf the obligations of the UPU’s
Postal Payment Services Agreement.
New language is also proposed for the
IMTS-Inbound product and price
category. Id.
Pursuant to section 3020.33, the
Commission provides interested persons
an opportunity to express views and
offer comments on whether the planned
modifications are consistent with the
policies of 39 U.S.C. 3633 and 3642 and
to indicate whether a hearing is desired.
Comments are due no later than April
30, 2009.
Pursuant to 39 U.S.C. 505, Robert
Sidman 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. MC2009–19 is
established to consider the Postal
Service Request referred to in the body
of this order.
2. Comments are due no later than
April 30, 2009.
3. The Commission appoints Robert
Sidman 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. E9–7770 Filed 4–6–09; 8:45 am]
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POSTAL SERVICE
Domestic and International Product
Changes—Address Management
Services; Customized Postage;
Address Enhancement Service;
Greeting Cards, Stationery, and
Related Items; Shipping and Mailing
Supplies; International Money Transfer
Service-Outbound (IMTS-Outbound);
and International Money Transfer
Service-Inbound (IMTS-Inbound)
Postal ServiceTM.
ACTION: Notice.
AGENCY:
SUMMARY: The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add Address
Management Services and Customized
Postage to the list of Market Dominant
products in the Mail Classification
Schedule (MCS), and to add Address
Enhancement Service; Greeting Cards,
Stationery, and Related Items; Shipping
and Mailing Supplies; International
Money Transfer Service-Outbound
(IMTS-Outbound); and International
Money Transfer Service-Inbound (IMTSInbound) to the list of Competitive
products in the MCS.
DATES: April 7, 2009.
FOR FURTHER INFORMATION CONTACT:
Anthony Alverno, (202) 268–2997.
SUPPLEMENTARY INFORMATION: In
accordance with Postal Regulatory
Commission Order No. 154 and 39
U.S.C. 3642, the United States Postal
Service® hereby gives notice that it has
filed with the Postal Regulatory
Commission a Request of the United
States Postal Service to Add Postal
Products to the Mail Classification
Schedule in Response to Order No.154.
Documents are available at https://
www.prc.gov, Docket No. MC2009–19.
Neva R. Watson,
Attorney, Legislative.
[FR Doc. E9–7733 Filed 4–6–09; 8:45 am]
BILLING CODE 7710–12–P
POSTAL SERVICE
Market Test of ‘‘Collaborative
Logistics’’ Experimental Product
Postal ServiceTM.
ACTION: Notice.
AGENCY:
SUMMARY: The Postal Service gives
notice of a market test of an
experimental product under 39 U.S.C.
3641.
DATES:
April 7, 2009.
FOR FURTHER INFORMATION CONTACT:
Scott Reiter, 202–268–2999.
BILLING CODE 7710–FW–P
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Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices
The
United States Postal Service® hereby
gives notice pursuant to 39 U.S.C.
3641(c)(1) that it will begin a market test
of Collaborative Logistics on May 6,
2009. The Postal Service has filed the
notice appearing below with the Postal
Regulatory Commission; documents are
available at https://www.prc.gov, Docket
No. MT2009–1.
SUPPLEMENTARY INFORMATION:
Neva R. Watson,
Attorney, Legislative.
[FR Doc. E9–7765 Filed 4–6–09; 8:45 am]
BILLING CODE 7710–12–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
28685; 812–13525]
Bridgeway Capital Management, Inc.;
Notice of Application
April 1, 2009.
AGENCY: Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of an application for an
order pursuant to section 2(a)(9) of the
Investment Company Act of 1940
(‘‘Act’’).
SUMMARY OF APPLICATION: Bridgeway
Capital Management, Inc. (‘‘Bridgeway
Capital’’) requests an order declaring
that Leonora R. Montgomery (‘‘Leonora
Montgomery’’) does not control
Bridgeway Capital.
APPLICANT: Bridgeway Capital.
FILING DATES: The application was filed
on April 21, 2008 and amended on
October 2, 2008. Applicant has agreed to
file an amendment during the notice
period, the substance of which is
reflected in this notice.
HEARING OR NOTIFICATION OF HEARING:
An order granting the application will
be issued unless the Commission orders
a hearing. Interested persons may
request a hearing by writing to the
Commission’s Secretary and serving
applicant with a copy of the request,
personally or by mail. Hearing requests
should be received by the Commission
by 5:30 p.m. on April 27, 2009, and
should be accompanied by proof of
service on applicant, in the form of an
affidavit or, for lawyers, a certificate of
service. Hearing requests should state
the nature of the writer’s interest, the
reason for the request, and the issues
contested. Persons who wish to be
notified of a hearing may request
notification by writing to the
Commission’s Secretary.
ADDRESSES: Secretary, Securities and
Exchange Commission, 100 F Street,
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17:13 Apr 06, 2009
Jkt 217001
NE., Washington, DC 20549–1090;
Applicant, 5615 Kirby Drive, Suite 518,
Houston, TX 77005–2448.
FOR FURTHER INFORMATION CONTACT:
Steven I. Amchan, Attorney Adviser, at
(202) 551–6826, or Marilyn Mann,
Branch Chief, at (202) 551–6821
(Division of Investment Management,
Office of Investment Company
Regulation).
SUPPLEMENTARY INFORMATION: The
following is a summary of the
application. The complete application
may be obtained for a fee at the
Commission’s Public Reference Room,
100 F Street, NE., Washington, DC
20549–1520 (telephone (202) 551–5850).
Applicant’s Representations:
1. Bridgeway Capital, a Texas
corporation, is registered with the
Commission as an investment adviser
under the Investment Advisers Act of
1940, and is engaged in the business of
providing investment advisory services
to investment companies registered
under the Act (‘‘RICs’’), high net worth
individuals, and institutional clients. As
of the date of the application, Bridgeway
Capital has investment advisory or
subadvisory agreements with Bridgeway
Funds, Inc., Calvert Large-Cap Growth
Fund, Equitable Calvert Socially
Responsible Portfolio, Valic I—Small
Cap Fund, Valic II—Capital
Appreciation Fund, State Farm Variable
Small/Mid Cap Equity Fund, State Farm
Retail Small/Mid Cap Equity Fund, and
Calvert New Vision Small Cap-Fund,
each of which is an open-end RIC.
Bridgeway Capital was founded in 1993
by John N.R. Montgomery (‘‘John
Montgomery’’). John Montgomery has
served as chairman and president of
Bridgeway Capital since its inception.
2. The capitalization of Bridgeway
Capital currently consists of 3,000
shares of authorized common stock, of
which 1,175.877 shares are issued and
outstanding (‘‘Bridgeway Capital
Common Stock’’). As of December 31,
2008, John Montgomery owned 766.800
shares (65.21%), Leonora Montgomery,
John Montgomery’s mother, owned
359.545 shares (30.58%), Franklin J.
Montgomery, John Montgomery’s
brother, owned 4.714 shares (0.40%),
Catherine A. Montgomery, Franklin J.
Montgomery’s spouse, owned 0.560
shares (0.05%), Bethany M. Hays and
Catherine M. Tinsley, John
Montgomery’s sisters, each owned 0.560
shares (0.05%), Diana Ryan and Diane
Matthes, friends of Leonora
Montgomery, owned 0.780 shares
(0.07%) and 0.280 shares (0.02%)
respectively, and the Bridgeway Capital
Employee Stock Ownership Program
(‘‘ESOP’’) owned 42.078 shares (3.58%).
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3. Leonora Montgomery received her
shares of Bridgeway Capital Common
Stock in 1995 and 1996 in exchange for
an investment in Bridgeway Capital.
Leonora Montgomery does not currently
have, nor has she ever had, any
significant or material interactions with
Bridgeway Capital other than her
ownership of Bridgeway Capital
Common Stock. She has never served as
an officer or director of Bridgeway
Capital or been involved in the
operation of Bridgeway Capital, and her
interest in Bridgeway Capital is purely
that of a passive long-term shareholder.
4. Leonora Montgomery executed her
written last will and testament (‘‘Will’’)
on April 19, 2007. The Will provides
that at the time of her death, Leonora
Montgomery’s Bridgeway Capital
Common Stock will be transferred in
equal amounts to each of her four
children (i.e., 7.65% of outstanding
Bridgeway Capital Common Stock to
each of John Montgomery, Franklin J.
Montgomery, Bethany M. Hays and
Catherine M. Tinsley based on
ownership data as of December 31,
2008). Absent any ensuing issuance of
Bridgeway Capital Common Stock, such
future transfer of shares will result in
the increase of John Montgomery’s
aggregate share ownership in Bridgeway
Capital Common Stock from 65.21% to
72.86% (based on ownership data as of
December 31, 2008).
5. No changes are contemplated in the
existing management or operations of
Bridgeway Capital in connection with
the future transfer of Bridgeway Capital
Common Stock. John Montgomery will
continue to serve as chairman and
president of Bridgeway Capital. It is
currently contemplated that no share
transactions will be effected by
Bridgeway Capital that would have the
effect of materially reducing John
Montgomery’s ownership of Bridgeway
Capital Common Stock.
Applicant’s Legal Analysis:
1. Bridgeway Capital requests an
order under section 2(a)(9) of the Act
declaring that Leonora Montgomery
does not control it. Section 2(a)(9)
defines ‘‘control’’ as the power to
exercise a controlling influence over the
management or policies of a company.
Section 2(a)(9) also provides that any
person who owns beneficially, either
directly or through one or more
controlled companies, more than 25
percent of the voting securities of a
company shall be presumed to control
the company. Section 2(a)(9) further
provides that this presumption may be
rebutted by evidence but continues until
a determination to the contrary is made
by the Commission. For the reasons set
forth below, applicant believes that the
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]]>Agencies
[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Notices]
[Pages 15785-15786]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7765]
-----------------------------------------------------------------------
POSTAL SERVICE
Market Test of ``Collaborative Logistics'' Experimental Product
AGENCY: Postal ServiceTM.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Postal Service gives notice of a market test of an
experimental product under 39 U.S.C. 3641.
DATES: April 7, 2009.
FOR FURTHER INFORMATION CONTACT: Scott Reiter, 202-268-2999.
[[Page 15786]]
SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg]
hereby gives notice pursuant to 39 U.S.C. 3641(c)(1) that it will begin
a market test of Collaborative Logistics on May 6, 2009. The Postal
Service has filed the notice appearing below with the Postal Regulatory
Commission; documents are available at https://www.prc.gov, Docket No.
MT2009-1.
Neva R. Watson,
Attorney, Legislative.
[FR Doc. E9-7765 Filed 4-6-09; 8:45 am]
BILLING CODE 7710-12-P
