57630 Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices 

1Petition of J.P. Morgan Chase & Co. to Reopen 

Record, September 14, 2005 (Chase Petition). Bank 

One Corporation, the original party in this case, 

merged with J.P. Morgan Chase & Co. on July 1, 

2004. The merged entity now refers to itself as J.P. 

Morgan Chase & Co. 

2Request of the United States Postal Service for 

a Recommended Decision on Classifications, Rates 

and Fees to Implement Functionally Equivalent 

Negotiated Service Agreement with Bank One 

Corporation, June 21, 2004 (Bank One Request). 

the form of a subbasin plan for each 

subbasin or as possible elements for a 

subbasin plan. 

On May 28, 2004, the Council 

received proposed subbasin plans for 59 

subbasins of the Columbia River, 

formally recommended for amendment 

into the Council’s Fish and Wildlife 

Program. The Council then engaged in 

the lengthy public review process 

required by the Power Act for 

recommended program amendments, 

including notice and public review and 

comment on the recommendations and 

notice, comment and public hearings in 

all four states of the Columbia basin on 

proposed draft amendments based on 

the recommendations. 

Following the required public review, 

the Council formally adopted as 

amendments into the Fish and Wildlife 

Program subbasin plans for 57 Columbia 

basin subbasins, based on the 

recommendations submitted. The 

Council made its decisions to adopt the 

subbasin plan amendments at its public 

meetings in December 2004, February 

2005, May 2005 and June 2005. At its 

September 2005 public meeting, the 

Council concluded its subbasin plan 

program amendment process by 

adopting, as part of its program, a 

document describing the subbasin plan 

amendment process, making written 

findings explaining the Council’s 

disposition of the amendment 

recommendations, and explaining how 

the Council responded to the public 

comment on the recommendations and 

draft program amendments. This 

documents also serves as a Statement of 

Basis and Purpose for the Council’s 

decision. 

The subbasin plans amended into the 

program and the program document 

with the findings on recommendations 

and responses to comments may be 

found on the Council’s Web site, at 

http://www.nwcouncil.org/fw/ 

subbasinplanning/Default.htm. 

FOR FURTHER INFORMATION CONTACT: If 

you would like a copy of the subbasin 

plan program amendments, please go to 

the Council’s Web site at the address 

above. The subbasin plan program will 

also soon be available on a compact disc 

or in printed form. For more 

information, please contact the 

Council’s central office for assistance. 

The Council’s address is 851 SW. Sixth 

Avenue, Suite 1100, Portland, Oregon 

97204. The Council’s telephone 

numbers are 503–222–5161 and 800–

452–5161, and the FAX number is 503–

820–2370. The Council’s Web site is 

http://www.nwcouncil.org. 

Stephen L. Crow, 

Executive Director. 

[FR Doc. 05–19760 Filed 9–30–05; 8:45 am] 

BILLING CODE 6450–AJ–M 

PEACE CORPS 

Privacy Act of 1974; Systems of 

Records 

AGENCY: Peace Corps 

ACTION: Correction—Notice of 

Modification to Existing System of 

Records. 

SUMMARY: Pursuant to the Privacy Act of 

1974, the Peace Corps is issuing public 

notice that one of its systems of records 

is being re-numbered. 

FOR FURTHER INFORMATION CONTACT: 

Marianne Manheim, (202) 692–1186. 

SUPPLEMENTARY INFORMATION: The Peace 

Corps published a notice of its proposal 

to create a new system of records, PC–

26 Antimalarial Tolerance Survey. 

Federal Register: July 16, 2004 (Volume 

69, Number 136, pages 42784–42785), as 

corrected at Federal Register: August 3, 

2004 (Volume 69, Number 148, page 

46629). This system is being 

renumbered as PC–27 Antimalarial 

Tolerance Survey. No other 

modifications to the system of records 

are being made. 

This modification is effective on the 

date of publication. 

Dated: September 23, 2005. 

Gilbert Smith, 

Associate Director for Management. 

[FR Doc. 05–19772 Filed 9–30–05; 8:45 am] 

BILLING CODE 6015–01–M 

POSTAL RATE COMMISSION 

[Docket No. MC2004–3; Order No. 1444] 

Petition To Reopen Record 

AGENCY: Postal Rate Commission. 

ACTION: Notice and order. 

SUMMARY: This document provides the 

public with notice that a petition 

seeking to reopen the record in the 

Commission’s pending reconsideration 

of the Bank One negotiated service 

agreement has been filed. It notes that 

the petition, if granted, could expand 

the scope of reconsideration. It also 

notes that a companion notice of inquiry 

has been issued and identifies several 

new or revised comment deadlines. 

DATES: 1. October 14, 2005: Deadline for 

filing comments to Notice of Inquiry No. 

1. 

2. October 24, 2005: Deadline for 

reply comments to Notice of Inquiry No. 

1. 

3. October 31, 2005: Revised deadline 

for participants to reply to Petition of 

J.P. Morgan Chase & Co. to Reopen 

Record (previously September 29, 2005). 

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, 

at 202–789–6818. 

SUPPLEMENTARY INFORMATION: 

I. Procedural History 

69 FR 39520 (June 30, 2004). 

69 FR 41311 (July 8, 2004). 

70 FR 13551 (March 21, 2005). 

II. Background 

On September 14, 2005, J.P. Morgan 

Chase & Co. (Chase) filed a petition to 

reopen the record in this docket so that 

it can provide supplemental information 

for the Commission’s reconsideration of 

the Bank One Opinion and 

Recommended Decision Approving 

Negotiated Service Agreement issued 

December 17, 2004.1 Chase argues that 

it has been denied due process, and 

unless it has a timely opportunity to 

supplement the record, a profound 

injustice will result. 

If the Commission grants the Chase 

Petition, issues potentially may be 

considered related to negotiated service 

agreements based solely on pure 

volume-based discounts. These novel 

issues may not have been fully 

considered or litigated under the 

original Bank One Request.2 The Bank 

One Request was filed as a request to 

consider a negotiated service agreement 

functionally equivalent to the Capital 

One negotiated service agreement based 

on a declining block rate volume 

discount element and an address 

correction cost savings element. 

On September 27, 2005, the 

Commission issued Notice of Inquiry 

No. 1 Regarding Status of Settlement 

Agreement (NOI) seeking comments as 

to the status of the settlement agreement 

signed by a majority of the participants 

in the Bank One case, and seeking 

further background information 

Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices 57631 

necessary to evaluate the Chase Petition. 

Two of the questions posed in the NOI, 

pertaining to adequacy of notice, and to 

the use of the Bank One record for 

setting standards for negotiated service 

agreements predicated on pure volumebased discounts, may be of interest to 

interested persons who have not 

intervened in the Bank One case. The 

Commission invites both participants 

and interested persons who have not 

intervened in the Bank One case to 

comment on these or any other 

questions posed in the NOI. Comments 

may be submitted on or before October 

14, 2005. Reply comments may be 

submitted on or before October 24, 

2005. 

NOI questions 6 and 7 may be of 

interest to interested persons who have 

not intervened in the Bank One case, 

and are repeated below. 

NOI question 6: The Commission has 

noted, in PRC Order No. 1443, that 

adequacy of notice is an extremely 

important issue especially where a 

request has been filed under expedited 

rules for functionally equivalent 

agreements. The functionally equivalent 

rules are meant to send a clear signal 

that no new major issues are present in 

the request. Reopening the record opens 

the possibility for consideration of novel 

issues related to pure volume-based 

discount negotiated service agreements. 

Interested persons who have not 

intervened in this docket potentially 

may allege that inadequate notice has 

been provided to alert them to the 

existence of novel and precedent setting 

issues. How should the Commission 

view this potential problem, and what 

possible steps can the Commission take 

to alleviate this situation? 

NOI question 7: The Bank One 

negotiated service agreement is based on 

a declining block rate volume discount 

element and an address correction cost 

savings element. The Bank One 

negotiated service agreement request 

was filed as an agreement functionally 

equivalent to the Capital One negotiated 

service agreement, which also included 

volume discount and cost savings 

elements. The Bank One record was 

developed considering both elements. 

Reopening the Bank One record 

potentially will lead to the 

consideration of issues directly related 

to negotiated service agreements based 

solely on pure volume-based discounts. 

Given this potential, both participants 

and interested persons who have not 

intervened in this docket are invited to 

comment on the use of the Bank One 

docket to potentially decide issues 

related to negotiated service agreements 

based solely on pure volume-based 

discounts. 

IV. Revised Deadline for Comments on 

Chase Petition 

Presiding Officer’s Ruling Granting 

the Postal Service Motion for a Stay and 

Establishing a Date for Replies to the J.P. 

Morgan Chase Petition was issued on 

September 15, 2005 (P.O. Ruling No. 

MC2004–3/9). This ruling established a 

September 29, 2005 date for participants 

to provide responses to the Chase 

Petition. It also stayed previously 

scheduled dates for comments and reply 

comments in regard to the 

Commission’s reconsideration of the 

Bank One decision. In light of the 

Commission’s need to obtain more 

information before issuing a ruling on 

the Chase Petition, the date for 

responses to the Chase Petition shall be 

extended until October 31, 2005. 

The Secretary shall arrange for 

publication of this notice and order in 

the Federal Register. 

III. Ordering Paragraphs 

It is ordered: 

1. Comments in response to Notice of 

Inquiry No. 1 Regarding Status of 

Settlement Agreement, issued 

September 27, 2005, may be submitted 

on or before October 14, 2005. Reply 

comments may be submitted on or 

before October 24, 2005. Interested 

persons who have chosen not to 

intervene in the Bank One case also are 

invited to provide comments. 

2. The date for participants to reply to 

the Petition of J.P. Morgan Chase & Co. 

to Reopen Record previously 

established by P.O. Ruling No. MC2004–

3/9 shall be extended until October 31, 

2005. 

3. The Secretary shall arrange for 

publication of this notice and order in 

the Federal Register. 

By the Commission. 

Steven W. Williams, 

Secretary. 

[FR Doc. 05–19707 Filed 9–30–05; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release Nos. 33–8619; 34–52522, File No. 

265–23] 

Advisory Committee on Smaller Public 

Companies; Meeting 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Notice of Meeting of SEC 

Advisory Committee on Smaller Public 

Companies. 

The Securities and Exchange 

Commission Advisory Committee on 

Smaller Public Companies is providing 

notice that it will hold a public meeting 

on Friday, October 14, 2005, at 

Columbia Law School, Jerome Green 

Hall, Room 103, 435 West 116th Street, 

New York, New York, at 1 p.m. The 

meeting will be audio webcast on the 

Commission’s Web site at http:// 

www.sec.gov. 

The agenda for the meeting includes 

hearing oral testimony, primarily from 

investors in small cap companies, and 

considering written statements that have 

been filed with the Advisory Committee 

in connection with the meeting. 

Due Date: Written statements should 

be received on or before October 7, 

2005. 

ADDRESSES: Written statements may be 

submitted by any of the following 

methods: 

Electronic Statements 

• Use the Commission’s Internet 

submission form (http://www.sec.gov/ 

info/smallbus/acspc.shtml); or 

• Send an e-mail message to rulecomments@sec.gov. Please include File 

Number 265–23 on the subject line; or 

Paper Statements 

• Send paper statements in triplicate 

to Jonathan G. Katz, Committee 

Management Officer, Securities and 

Exchange Commission, 100 F Street, NE, 

Washington, DC 20549–9303. 

All submissions should refer to File 

No. 265–23. This file number should be 

included on the subject line if e-mail is 

used. To help us process and review 

your statement more efficiently, please 

use only one method. The Commission 

staff will post all statements on the 

Advisory Committee’s Web site (http:// 

www.sec.gov./info/smallbus/ 

acspc.shtml). 

Statements also will be available for 

public inspection and copying in the 

Commission’s Public Reference Room, 

100 F Street, NE., Washington, DC 

20549. All statements received will be 

posted without change; we do not edit 

personal identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. 

Persons wishing to provide oral 

testimony at the meeting should contact 

the SEC staff person listed below by 

October 7, 2005 and submit a written 

statement by the deadline for written 

statements. Sufficient time may not be 

available to accommodate all those 

wishing to provide oral testimony. The 

Co-Chairs of the Advisory Committee 

have reserved the right to select and 

limit the time of witnesses permitted to 

testify at the Advisory Committee 

meeting.