9786 Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Notices 

1See PRC Order No. 1475, August 24, 2006 and 

PRC Order No.1476, August 24, 2006. 

2Request of the United States Postal Service for 

a Recommended Decision to Establish 

Classifications and Fees for Premium Stamped 

Stationery and Premium Stamped Cards, February 

22, 2007 (Request). 

3Statement of the United States Postal Service 

Concerning Compliance with Filing Requirements 

and Conditional Motion for Waiver, February 22, 

2007 (Motion for Waiver). 

4Notice of Settlement Teleconference, February 

22, 2007 (Notice). 

5The proposed minimum fee for PSS is 2 times 

the First-Class Mail letter rate and for PSC is 1 times 

the First-Class Mail card rate. The proposed 

maximum fee for PSS is 3 times the First-Class Mail 

letter rate. USPS–T–1, Attachment A, workpaper 

PSSPSC–WP1. The proposed maximum fee for PSC 

apparently is 3 times the First-Class Mail card rate. 

Id. at 10, Attachment A, workpapers PSSPSC–WP1 

and WP2; but see USPS–T–1 at 5, lines 1–3. The 

Postal Service should reconcile these statements. 

6Motion for Waiver at 1. The Motion for Waiver 

also references rule 162, which concerns market 

tests. That reference is inapposite. 

7 In support of its conditional motion, the Postal 

Service cites 39 CFR 3001.54(r), 3001.64(h)(3), and 

3001.67a. The reference to rule 67a, which concerns 

experimental changes, is inapposite. 

Office of Personnel Management. 

Tricia Hollis, 

Chief of Staff/Director of External Affairs. 

[FR Doc. E7–3756 Filed 3–2–07; 8:45 am] 

BILLING CODE 6325–39–P 

POSTAL REGULATORY COMMISSION 

[Docket No. MC2006–7; Order No. 4] 

Stamped Stationery and Cards 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: This document informs the 

public that the Postal Service proposes 

classification and fees for certain 

stamped stationery and cards. It 

identifies preliminary procedural steps, 

including the likelihood of a settlement 

teleconference. This information 

provides interested persons with an 

opportunity to participate in this case. 

DATES: March 22, 2007: Deadline for 

intervention and responses to waiver 

motion; April 3, 2007: Prehearing 

conference, 10 a.m. in the Commission’s 

hearing room. 

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: Regulatory 

History, 71 FR 51651 (August 30, 2006). 

I. Background 

In Order No. 1475, the Commission 

found stamped stationery to be a postal 

service and concurrently established 

Docket No. MC2006–7 for the purpose 

of receiving a request from the Postal 

Service establishing a classification and 

fee schedule for stamped stationery.1 On 

February 22, 2007, the Postal Service 

filed a request for a recommended 

decision to establish classifications and 

fees for Premium Stamped Stationery 

(PSS) and Premium Stamped Cards 

(PSC).2

In contemporaneous filings, the Postal 

Service submitted a conditional motion 

for waiver of the filing requirements 3

and a notice of a settlement 

teleconference.4 The Request, 

accompanying testimony of witness Yeh 

(USPS–T–1), and related material are 

available for review in the 

Commission’s docket room during 

regular business hours. They may also 

be accessed electronically, via the 

Internet, on the Commission’s Web site 

(http://www.prc.gov). 

II. Proposed Classifications 

Premium stamped stationery is sold 

by the Postal Service in pads consisting 

of 12 sheets of quality stock paper, 

featuring a design and imprinted with 

matching postage stamps. Each prestamped sheet has room for the name 

and address of the recipient and, on the 

reverse side, space for writing a 

message. Each sheet is designed to be 

folded, sealed, and mailed. Request at 1. 

Premium stamped cards are sold by 

the Postal Service in booklets or 

packets, consisting of 10 to 20 cards of 

quality stock paper, imprinted with 

postage and featuring designs related to 

the imprinted postage. Each prestamped card has room for the name 

and address of the recipient on the 

right-hand side and space for a message 

on the left. The theme of the card adorns 

the reverse side of the card. Id. at 2. 

The Postal Service denotes each of 

these services as ‘‘premium’’ to 

distinguish them from more utilitarian 

stamped envelopes and stamped cards 

that are already in the Domestic Mail 

Classification Schedule (DMCS). DMCS 

961 and 962. The Postal Service 

proposes to amend the DMCS with 

separate provisions and fee schedules 

for PSS and PSC. See Request, 

Attachments A and B. 

The Postal Service proposes, as more 

fully explained in the testimony of 

witness Yeh (USPS–T–1 at 2–6), a fee 

structure establishing a range of fees 

between minimum and maximum levels 

tied to the then-current First-Class Mail 

letter or card rate.5 The Postal Service 

proposes to allow the range to change 

automatically with and in direct 

proportion to future changes in the 

applicable First-Class Mail letter or card 

rate. Under the proposal, the Postal 

Service would be authorized to change 

the fee within the range upon public 

notice. 

The Postal Service notes that in Order 

No. 1475 the Commission identified 

stamped stationery as a specialty 

product that may justify a novel pricing 

approach, including the possibility of 

rate bands consisting of minimum and 

maximum fees with the Postal Service 

authorized to flex the fee within that 

range upon public notice. Request at 2–

3; see also PRC Order No. 1475, supra, 

at 13–14. The Postal Service indicates 

that its proposed fee structure generally 

follows the approach suggested 

illustratively by the Commission. 

Request at 2. 

III. Conditional Request for Waiver of 

Filing Requirements 

In support of its Request, the Postal 

Service states that its Compliance 

Statement (Attachment E to the Request) 

identifies information contained in its 

testimony and supporting 

documentation intended to satisfy the 

filing requirements of rules 54 and 64 of 

the Commission’s Rules of Practice and 

Procedure. Request, Attachment E at 1.6

The Postal Service notes that it has 

incorporated by reference pertinent 

materials from Docket No. R2006–1, the 

most recent omnibus rate case, and 

material periodically filed with the 

Commission. It asserts that that 

incorporation satisfies the filing 

requirements pertaining to classes of 

mail and special services. Id. 

In addition, the Postal Service 

contends that the establishment of 

classifications and fees for Premium 

Stamped Stationery and Premium 

Stamped Cards represents new DMCS 

subsections and fees, providing an 

option for customers with very little 

impact on postal costs, volume, and 

revenues. It also asserts that there is 

substantial overlap between information 

sought in the general filing requirements 

and the materials provided in Docket 

No. R2006–1. Id. at 1–2. 

Alternatively, the Postal Service 

requests a waiver of certain filing 

requirements if the Commission 

concludes that the materials 

incorporated by reference are not 

sufficient to satisfy those requirements. 

Id. at 3.7

IV. Notice of Settlement Teleconference 

In its Request, the Postal Service 

indicates that despite its best intentions 


erjones on PRODPC74 with NOTICES
Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Notices 9787 

1 ‘‘Successors in interest’’ means any entity or 

entities that result from a reorganization into 

another jurisdiction or a change in the type of 

business organization. 

it was unable to engage in any pre-filing 

consultations with participants due to 

the press of other business. The Postal 

Service states, however, that it informed 

participants (from Docket No. C2004–3) 

of its intention to file this Request, that 

it is committed to engage in settlement 

discussions, and that it encouraged 

participants to engage in informal 

requests for additional information 

before commencing formal discovery to 

develop a record in pursuit of a 

mutually agreeable settlement 

agreement. Request at 3–4. 

The Postal Service reads Order No. 

1475 as authorizing settlement 

procedures in this proceeding and thus 

has not requested that such procedures 

be established. Id. at 4. Instead, the 

Postal Service filed a Notice of 

Settlement Teleconference advising 

participants to inform it of their 

availability to participate in such a 

conference during the period March 5 

through March 23, 2007. Notice at 1. 

V. Commission Response 

Intervention. Order No. 1476 set the 

due date for notices of intervention at 28 

days following submission of the Postal 

Service’s Request. Since the Request 

was filed February 22, 2007, notices of 

intervention from any interested 

persons are due no later than March 22, 

2007. The notice of intervention shall be 

filed electronically via the 

Commission’s Web site (see Filing 

Online), unless a waiver is obtained for 

hardcopy filing. 39 CFR 3001.9(a) and 

10(a). Notices should indicate whether 

participation will be on a full or limited 

basis. See 39 CFR 3001.20 and 3001.20a. 

No decision has been made at this point 

on whether a hearing will be held in 

this case. 

Settlement. In Order No. 1475, the 

Commission suggested that the Postal 

Service may wish to engage participants 

in a pre-filing dialogue ‘‘in an effort to 

fashion a broadly acceptable pricing 

approach.’’ PRC Order No. 1475 at 15 

(footnote omitted). As noted above, the 

Postal Service’s efforts to do so were 

thwarted by the press of other business. 

Its proposal to conduct a settlement 

teleconference is reasonable, 

particularly given the dispersed 

geographic location of the participants. 

The Commission appoints Postal 

Service counsel as settlement 

coordinator. In this capacity, Postal 

Service counsel shall file periodic 

reports on the status of settlement 

discussions. At a minimum, a periodic 

report on the status of settlement 

discussions shall be filed no later than 

two business days prior to the 

prehearing conference scheduled 

herein. The Commission authorizes the 

settlement coordinator to hold one or 

more settlement teleconferences from 

March 5–28, 2007. In addition, the 

Commission will make its hearing room 

available for conducting settlement 

conferences. Authorization of settlement 

discussions does not constitute a 

finding on the necessity of hearings in 

this case. 

Prehearing conference. A prehearing 

conference will be held April 3, 2007, 

at 10 a.m. in the Commission’s hearing 

room. Participants shall be prepared to 

identify any issue(s) that would indicate 

a need to schedule a hearing, along with 

other matters referred to in this order. 

Conditional Motion for Waiver. 

Participants may comment on the Postal 

Service’s conditional motion to waive 

certain filing requirements. Responses 

to the Postal Service’s Motion for 

Waiver are due on or before March 22, 

2007. 

Representation of the general public. 

In initiating this proceeding, the 

Commission designated Shelley S. 

Dreifuss, director of the Commission’s 

Office of the Consumer Advocate (OCA), 

to represent the interests of the general 

public in this proceeding. See PRC 

Order No. 1476 at 2–3. 

Administrative matter. The docket 

name has been modified to reflect the 

inclusion of stamped cards in the Postal 

Service’s Request. 

Ordering Paragraphs 

It is ordered: 

1. The Commission will consider the 

Postal Service Request referred to in the 

body of this order in Docket No. 

MC2006–7. 

2. The Commission will sit en banc in 

this proceeding. 

3. Postal Service counsel is appointed 

to serve as settlement coordinator in this 

proceeding. 

4. The deadline for filing notices of 

intervention is March 22, 2007. 

5. A prehearing conference will be 

held April 3, 2007 at 10 a.m. in the 

Commission’s hearing room. 

6. Responses to the Postal Service’s 

Motion for Waiver of certain filing 

requirements are due on or before 

March 22, 2007. 

7. The Secretary shall arrange for 

publication of this notice and order in 

the Federal Register. 

By the Commission. 

Steven W. Williams, 

Secretary. 

[FR Doc. E7–3823 Filed 3–2–07; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. IC–27745; 812–13344] 

BLDRS Index Funds Trust, et al.; 

Notice of Application 

February 28, 2007. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of application for an 

order under section 6(c) of the 

Investment Company Act of 1940 

(‘‘Act’’) for an exemption from sections 

2(a)(32), 4(2), 22(d), 24(d) and 

26(a)(2)(C) of the Act and rule 22c–1 

under the Act; under sections 6(c) and 

17(b) of the Act for an exemption from 

sections 17(a)(1) and (a)(2) of the Act; 

and under section 17(d) of the Act and 

rule 17d–1 under the Act to permit 

certain joint transactions. 

SUMMARY OF APPLICATION: Applicants 

request an order that would permit: (a) 

BLDRS Index Funds Trust (the ‘‘Fund’’), 

a unit investment trust (‘‘UIT’’) with 

multiple series (each series, a ‘‘Trust’’) 

whose portfolios will consist of the 

component stocks of various specified 

indices (collectively, the ‘‘Benchmark 

Indices,’’ and each, a ‘‘Benchmark 

Index’’), to issue shares (‘‘Trust Shares’’) 

that are only redeemable in large 

aggregations; (b) secondary market 

transactions in Trust Shares to occur at 

negotiated prices; (c) dealers to sell 

Trust Shares to purchasers in the 

secondary market unaccompanied by a 

prospectus when prospectus delivery is 

not required by the Securities Act of 

1933 (‘‘Securities Act’’); (d) the Trusts, 

rather than the Sponsor (as defined 

below), to bear certain expenses 

associated with maintaining the Trusts; 

(e) certain ‘‘affiliated persons’’ of the 

Trusts to deposit securities into, and 

receive securities from, the Trusts in 

connection with the purchase and 

redemption of Trust Shares; and (f) the 

Trusts to reimburse the Sponsor for 

payment of an annual licensing fee to 

The Bank of New York (‘‘BoNY’’). 

APPLICANTS: The Fund, PowerShares 

Capital Management LLC 

(‘‘PowerShares,’’ together with its 

successor in interest 1 and with any 

person, directly or indirectly, 

controlling, controlled by, or under 

common control with, PowerShares, 

‘‘Sponsor’’), and ALPS Distributors, Inc. 

(‘‘Distributor’’). 

FILING DATES: The application was filed 

on November 20, 2006. Applicants have 


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