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Federal Register / Vol. 72, No.

248 / Friday, December 28, 2007 / Notices 73909

procedural basis on which to challenge public need for the service and the form of a sworn statement by a
any agency action or inaction on the private sector’s ability to meet that need. knowledgeable person (or persons).3
ground that such action or inaction was Any nonpostal service that the 4. Initial briefs are due no later than
not in accordance with this Policy Commission concludes should not June 18, 2008. Reply briefs may be filed
Letter. continue shall terminate. Section and are due no later than July 2, 2008.
13. Effective date. This policy letter is 404(e)(4). Finally, for any nonpostal Section 505 of title 39 requires the
effective December 28, 2007. service that it concludes should designation of an officer of the
continue, the Commission ‘‘shall Commission in all public proceedings to
Paul A. Denett,
designate whether the service shall be represent the interests of the general
Administrator. regulated under this title as a market public. The Commission hereby
[FR Doc. E7–25211 Filed 12–27–07; 8:45 am] dominant product, a competitive designates Robert Sidman to serve as the
BILLING CODE 3110–01–P product, or an experimental product.’’ public representative, representing the
Section 404(e)(5). interests of the general public. Pursuant
The Commission is initiating this to this designation, he will direct the
POSTAL REGULATORY COMMISSION docket to fulfill its responsibilities activities of Commission personnel
under section 404(e).1 To develop a assigned to assist him and, will, upon
[Docket No. MC2008–1; Order No. 50]
record on which to base its findings, the request, provide their names for the
Notice Commission adopts the following record. Neither Mr. Sidman nor any of
procedural schedule: the assigned personnel will participate
AGENCY: Postal Regulatory Commission. 1. By no later than March 19, 2008, in or provide advice on any Commission
ACTION: Notice. the Postal Service shall, in the form of decision in this proceeding.
a sworn statement, identify and provide
SUMMARY: The Commission is a complete description of each It Is Ordered
establishing a docket to develop a nonpostal service offered by the Postal 1. Docket No. MC2008–1 is
record which will allow it to meet Service on the date of enactment of the established for the purpose of
statutory requirements pertaining to a PAEA.2 The description shall include developing a record concerning
review of nonpostal services. It solicits the current status of each nonpostal nonpostal services offered by the Postal
comments from the Postal Service and service and the Postal Service’s Service.
others to assist in this task. proposed classification of each such 2. The procedural schedule set forth
DATES: Initial briefs due June 18, 2008; service, i.e., as a market dominant, in the body of this order is adopted.
reply briefs due July 2, 2008. See competitive, or experimental product. 3. Robert Sidman is designated as the
Supplementary Information section for The foregoing shall be accompanied by public representative, representing the
additional dates. a sworn statement from a interests of the general public in this
ADDRESSES: Submit comments knowledgeable person (or persons) proceeding.
electronically via the Commission’s addressing the public need for each 4. The Secretary shall arrange for
Filing Online system at http:// service and such other matters, if any, publication of this notice and order in
www.prc.gov. the Postal Service deems relevant the Federal Register.
FOR FURTHER INFORMATION CONTACT:
(collectively, Postal Service statement). (Authority: 39 U.S.C. 404.)
2. By no later than April 30, 2008, any
Stephen L. Sharfman, General Counsel, By the Commission.
interested person (party) may respond to
202–789–6820 and
the Postal Service statement by Steven W. Williams,
stephen.sharfman@prc.gov. submitting a sworn statement from a Secretary.
SUPPLEMENTARY INFORMATION: The Postal knowledgeable person (or persons) [FR Doc. E7–25243 Filed 12–27–07; 8:45 am]
Accountability and Enhancement Act addressing, at a minimum, the ability of BILLING CODE 7710–FW–P
(PAEA), Public Law No. 109–435, 120 the private sector to meet the public
Stat. 3198 (December 20, 2006), amends need for any nonpostal service that the
the Postal Reorganization Act, 39 U.S.C. party asserts should not be offered by
101, et seq., by, among other things, the Postal Service (party’s statement). A SECURITIES AND EXCHANGE
limiting the Postal Service’s authority to party may also address such other COMMISSION
provide nonpostal services to those it matters, if any, the party deems [Release No. 57031/December 21, 2007]
offered as of January 1, 2006. 39 U.S.C. relevant.
404(e)(2). The term ‘‘nonpostal service’’ 3. By no later than May 21, 2008, the Securities Exchange Act of 1934;
is defined in section 404(e)(1) as ‘‘any Postal Service and any interested person Order Granting Registration of Egan-
service that is not a postal service may submit a reply to any party’s Jones Rating Company As A
defined under section 102(5)[,]’’ which statement. Such reply shall be in the Nationally Recognized Statistical
defines the term ‘‘postal service’’ to Rating Organization
mean ‘‘the delivery of letters, printed 1 As a result of this proceeding, the Commission
Egan-Jones Rating Company, a credit
will classify nonpostal services it determines
matter, or mailable packages, including should continue as either market dominant, rating agency, furnished to the
acceptance, collection, sorting, competitive, or experimental products and will Securities and Exchange Commission
transportation, or other functions include those services in the Mail Classification
(‘‘Commission’’) an application for
ancillary thereto[.]’’ Id. at § 102(5). Schedule. See 39 CFR 3020.13. Section 3642 of title
39 provides for adding to, removing from, or registration as a nationally recognized
Section 404(e)(3) directs the
transferring products between the lists. statistical rating organization
Commission to review each nonpostal Accordingly, because this proceeding has potential (‘‘NRSRO’’) under Section 15E of the
mstockstill on PROD1PC66 with NOTICES

service offered by the Postal Service on Mail Classification Schedule implications, the
Securities Exchange Act of 1934
the date of the PAEA’s enactment, Commission is adopting the MC docket designation.
2 If the services identified differ from the (‘‘Exchange Act’’) for the classes of
December 20, 2006, within two years of
nonpostal services offered as of January 1, 2006, the
that date. The purpose of the review is Postal Service shall identify those services no 3 Any party, including the Postal Service, may
to determine which nonpostal services longer offered, provide a brief description of such submit legal memoranda on matters at issue at any
should continue, taking into account the services, and indicate their current status. time prior to May 21, 2008.

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