Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices 46341 

The Commission finds that this 

exchange raises issues of both law and 

fact relevant to whether or not the 

actions, or inactions, of the Postal 

Service rise to the level of undue or 

unreasonable discrimination among 

users of the mails, or to the granting of 

undue or unreasonable preferences to 

any such users in violation of 39 U.S.C. 

403(c). 

The pleadings raise several other 

mixed issues of law and fact. These 

include whether Capital One and Bank 

of America are ‘‘similarly situated,’’

what constitutes a ‘‘functionally 

equivalent’’ agreement in this situation, 

and what, if any, harm Capital One has 

or will incur. 

Capital One contends that because the 

Postal Service only addresses one of the 

six claims presented by Capital One, the 

claims that were not addressed are 

properly before the Commission. Id. at 

14–15. For example, Capital One raises 

claims concerning the factor of the 

PAEA that encourages special 

classifications, available on public and 

reasonable terms to similarly situated 

mailers, which do not cause 

unreasonable harm to the marketplace. 

See 39 U.S.C. 3622(c)(10). The Postal 

Service does not specifically address 

these claims other than offering a 

denial. Motion to Dismiss at 3. The 

Commission shall hear all issues 

presented by the Complaint. 

IV. Opportunity for Intervention 

Any interested person may file a 

notice of intervention, consistent with 

the Commission’s rules of practice, as a 

full or limited participant. See 39 CFR 

3001.20 and 3001.20a. The notice of 

intervention shall be filed using the 

Internet (Filing Online) at the 

Commission’s Web site (http:// 

www.prc.gov), unless a waiver is 

obtained for hard copy filing. See 39 

CFR 3001.9(a) and 3001.10(a). Notices of 

intervention are due no later than 

August 13, 2008. 

V. Discovery 

Capital One, the Postal Service, and 

the Public Representative may begin 

discovery immediately. Discovery may 

begin upon intervention by others. See 

39 CFR 3001.25–28. 

VI. Prehearing Conference 

A prehearing conference is scheduled 

for August 14, 2008, at 2:30 p.m. in the 

Commission’s hearing Room. Capital 

One shall be prepared to discuss any 

additional time needed for discovery, 

and the time needed to prepare to 

present its case. In light of the 

representations made as to the potential 

for further negotiations (Motion to 

Dismiss at 6), the parties are encouraged 

to search for common ground and report 

on any progress during the prehearing 

conference. 

VII. Representation of the General 

Public 

Pursuant to 39 U.S.C. 505, E. Rand 

Costich 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. The Commission finds that the 

Complaint of Capital One Services, Inc., 

Regarding Discrimination and Other 

Violations of Law by the United States 

Postal Service, filed June 19, 2008, 

raises material issues of fact or law and 

shall begin proceedings in this 

Complaint. 

2. The Motion of the United States 

Postal Service to Dismiss Complaint, 

filed July 21, 2008, is denied. 

3. The Commission will sit en banc in 

this proceeding. 

4. The deadline for filing notices of 

intervention is August 13, 2008. Notices 

shall indicate whether the intervening 

party intends to participate in the 

hearing and the nature of that 

participation. 

5. A prehearing conference will be 

held in the Commission’s hearing Room 

on August 14, 2008, at 2:30 p.m. 

6. The Commission appoints E. Rand 

Costich as Public Representative to 

represent the interests of the general 

public in this proceeding. 

7. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Steven W. Williams, 

Secretary. 

[FR Doc. E8–18292 Filed 8–7–08; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

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 August 5, 2008 at 5 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)(5), (7), 9(B) and (10) and 

17 CFR 200.402(a)(5), (7), 9(ii) and (10), 

permit consideration of the scheduled 

matters at the Closed Meeting. 

Commissioner Casey, as duty officer, 

voted to consider the items listed for the 

Closed Meeting in closed session, and 

determined that no earlier notice thereof 

was possible. 

The subject matter of the Closed 

Meeting scheduled for August 5, 2008 

will be: Institution and settlement of 

injunctive actions; and other matters 

related 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: August 5, 2008. 

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–18394 Filed 8–7–08; 8:45 am] 

BILLING CODE 8010–01–P 

UNITED STATES SENTENCING 

COMMISSION 

Sentencing Guidelines for United 

States Courts 

AGENCY: United States Sentencing 

Commission. 

ACTION: Notice of proposed priorities. 

SUMMARY: As part of its statutory 

authority and responsibility to analyze 

sentencing issues, including operation 

of the federal sentencing guidelines, and 

in accordance with Rule 5.2 of its Rules 

of Practice and Procedure, the 

Commission is seeking comment on 

possible priority policy issues for the 

amendment cycle ending May 1, 2009. 

DATES: Public comment should be 

received on or before September 8, 

2008. 

ADDRESSES: Send comments to: United 

States Sentencing Commission, One 

Columbus Circle, NE., Suite 2–500, 

South Lobby, Washington, DC 20002–

8002, Attention: Public Affairs-Priorities 

Comment. 

FOR FURTHER INFORMATION CONTACT: 

Michael Courlander, Public Affairs 

Officer, Telephone: (202) 502–4590. 

SUPPLEMENTARY INFORMATION: The 

United States Sentencing Commission is 


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46342 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices 

an independent agency in the judicial 

branch of the United States 

Government. The Commission 

promulgates sentencing guidelines and 

policy statements for federal sentencing 

courts pursuant to 28 U.S.C. 994(a). The 

Commission also periodically reviews 

and revises previously promulgated 

guidelines pursuant to 28 U.S.C. 994(o) 

and submits guideline amendments to 

the Congress not later than the first day 

of May each year pursuant to 28 U.S.C. 

994(p). 

The Commission provides this notice 

to identify tentative priorities for the 

amendment cycle ending May 1, 2009. 

The Commission recognizes, however, 

that other factors, such as the enactment 

of any legislation requiring Commission 

action, may affect the Commission’s 

ability to complete work on any of the 

tentative priorities by the statutory 

deadline of May 1, 2009. Accordingly, it 

may be necessary to continue work on 

some of these issues beyond the 

amendment cycle ending on May 1, 

2009. 

As so prefaced, the Commission has 

identified the following tentative 

priorities: 

(1) Continuation of its work on federal 

sentencing policy with the 

congressional, executive, and judicial 

branches of the government, and other 

interested parties, in light of United 

States v. Booker and subsequent 

Supreme Court decisions, possibly 

including (A) an evaluation of the 

impact of those decisions on the federal 

sentencing guideline system, (B) 

development of amendments to the 

federal sentencing guidelines, (C) 

development of recommendations for 

legislation regarding federal sentencing 

policy, and (D) a study of statutory 

mandatory minimum penalties; 

(2) Consideration of alternatives to 

incarceration, including preparation and 

dissemination of information and 

materials from the ‘‘Symposium on 

Crime and Punishment in the United 

States: Alternatives to Incarceration,’’

hosted by the Commission on July 14–

15, 2008, in Washington, DC; 

(3) Implementation of crime 

legislation enacted during the 110th or 

111th Congress warranting a 

Commission response, including (A) the 

Court Security Improvement Act of 

2007, Public Law 110–177; and (B) any 

other legislation authorizing statutory 

penalties or creating new offenses that 

requires incorporation into the 

guidelines; 

(4) Continuation of its work with 

Congress and other interested parties on 

cocaine sentencing policy to implement 

the recommendations set forth in the 

Commission’s 2002 and 2007 reports to 

Congress, both entitled Cocaine and 

Federal Sentencing Policy, and to 

develop appropriate guideline 

amendments in response to any related 

legislation; 

(5) A multi-year study of the 

definition of ‘‘crime of violence’’ used 

in both statutes and guidelines; 

(6) Continuation of its efforts, in light 

of recent Supreme Court jurisprudence 

and pursuant to the Commission’s 

ongoing authority and responsibility 

under 28 U.S.C. 995(a)(17), (18), and 

(21), to receive feedback and provide 

expanded training on the federal 

sentencing guidelines, including 

possibly holding regional public 

hearings; 

(7) Resolution of circuit conflicts, 

pursuant to the Commission’s 

continuing authority and responsibility, 

under 28 U.S.C. 991(b)(1)(B) and 

Braxton v. United States, 500 U.S. 344 

(1991), to resolve conflicting 

interpretations of the guidelines by the 

federal courts; and 

(8) Consideration of miscellaneous 

guideline application issues regarding 

(A) offenses involving counterfeit bearer 

obligations of the United States, (B) 

application of § 3C1.3 (Commission of 

Offense While on Release), and (C) other 

miscellaneous issues coming to the 

Commission’s attention from case law 

and other sources. 

The Commission hereby gives notice 

that it is seeking comment on these 

tentative priorities and on any other 

issues that interested persons believe 

the Commission should address during 

the amendment cycle ending May 1, 

2009. Further, with respect to item (7), 

the Commission requests specific 

comment regarding what circuit conflict 

issues it should address. To the extent 

practicable, public comment should 

include the following: (1) A statement of 

the issue, including scope and manner 

of study, particular problem areas and 

possible solutions, and any other 

matters relevant to a proposed priority; 

(2) citations to applicable sentencing 

guidelines, statutes, case law, and 

constitutional decisions; and (3) a direct 

and concise statement of why the 

Commission should make the issue a 

priority. 

Authority: 28 U.S.C. 994(a), (o); USSC 

Rules of Practice and Procedure 5.2. 

Ricardo H. Hinojosa, 

Chair. 

[FR Doc. E8–18288 Filed 8–7–08; 8:45 am] 

BILLING CODE 2211–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Notice of Applications for Certificates 

of Public Convenience and Necessity 

and Foreign Air Carrier Permits Filed 

Under Subpart B (Formerly Subpart Q) 

During the Week Ending July 18, 2008 

The following Applications for 

Certificates of Public Convenience and 

Necessity and Foreign Air Carrier 

Permits were filed under Subpart B 

(formerly Subpart Q) of the Department 

of Transportation’s Procedural 

Regulations (See 14 CFR 301.201 et 

seq.). 

The due date for Answers, 

Conforming Applications, or Motions to 

Modify Scope are set forth below for 

each application. Following the Answer 

period DOT may process the application 

by expedited procedures. Such 

procedures may consist of the adoption 

of a show-cause order, a tentative order, 

or in appropriate cases a final order 

without further proceedings. 

Docket Number: DOT–OST–2008–

0211. 

Date Filed: July 16, 2008. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: August 6, 2008. 

Description: Amended Application of 

Spirit Airlines, Inc. requesting (1) a 

certificate of public convenience and 

necessity for scheduled combination 

foreign air transportation between 

points in the United States via 

intermediate points to Manaus, Brazil 

and beyond to points in Argentina, 

Uruguay, Paraguay, and Chile; (2) an 

exemption for a minimum of two years 

or until the grant of certificate authority 

to operate such service; (3) an allocation 

of seven (7) weekly frequencies for this 

service to commence in the Fall, 2009; 

and (4) a designation to the Government 

of Brazil for this service. Spirit further 

requests any further relief that the 

Department may deem necessary. 

Docket Number: DOT–OST–2008–

0228. 

Date Filed: July 16, 2008. 

Due Date for Answers, Conforming 

Applications, or Motion to Modify 

Scope: August 6, 2008. 

Description: Application of Centurion 

Air Cargo, Inc. (‘‘Centurion’’) requesting 

a certificate of public convenience and 

necessity to the extent necessary to 

permit it to engage in scheduled foreign 

air transportation of property and mail 

between a point or points in the United 

States, via intermediate points, and the 

Brazilian co-terminal points Manaus, 

Brasilia, Rio de Janeiro, Sao Paulo, 

Recife, Porto Alegre, Belem, Belo 


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