New Competitive Postal Product, 12406-12407 [E9-6419]

Download as PDF 12406 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices BILLING CODE 1505–01–D POSTAL REGULATORY COMMISSION [Docket Nos. MC2009–21 and CP2009–26; Order No. 193] New Competitive Postal Product Postal Regulatory Commission. Notice. AGENCY: ACTION: SUMMARY: The Commission is noticing a recently-filed Postal Service request to add Priority Mail Contract Mail 5 to the Competitive Product List. The Postal Service has also filed a related contract. This notice addresses procedural steps associated with these filings. DATES: Comments are due March 25, 2009. Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 202–789–6820 and stephen.sharfman@prc.gov. SUPPLEMENTARY INFORMATION: mstockstill on PROD1PC66 with NOTICES I. Introduction On March 13, 2009, the Postal Service filed a formal request pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add Priority Mail Contract 5 to the Competitive Product List.1 The Postal Service asserts that Priority Mail Contract 5 is a competitive product ‘‘not of general applicability’’ within the meaning of 39 U.S.C. 3632(b)(3). Id. at 1. The Request has been assigned Docket No. MC2009–21. 1 Request of the United States Postal Service to Add Priority Mail Contract 5 to Competitive Product List and Notice of Establishment of Rates and Class Not of General Applicability, March 13, 2009 (Request). VerDate Nov<24>2008 01:06 Mar 24, 2009 Jkt 217001 The Postal Service contemporaneously filed a contract related to the proposed new product pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. The contract has been assigned Docket No. CP2009–26. Request. The Request incorporates (1) a redacted version of the Governors’ Decision authorizing the new product; (2) a redacted version of the contract; (3) requested changes in the Mail Classification Schedule product list; (4) a statement of supporting justification as required by 39 CFR 3020.32; and (5) certification of compliance with 39 U.S.C. 3633(a).2 Substantively, the Request seeks to add Priority Mail Contract 5 to the Competitive Product List. Id. at 1–2. In the statement of supporting justification, Mary Prince Anderson, Acting Manager, Sales and Communications, Expedited Shipping, asserts that the service to be provided under the contract will cover its attributable costs, make a positive contribution to institutional costs, and increase contribution toward the requisite 5.5 percent of the Postal Service’s total institutional costs. Id., Attachment D. Thus, Ms. Anderson contends there will be no issue of subsidization of competitive products by market dominant products as a result of this contract. Id. Related Contract. A redacted version of the specific Priority Mail Contract 5 is included with the Request. The contract is for 1 year and is to be 2 Attachment A to the Request consists of the redacted Decision of the Governors of the United States Postal Service on Establishment of Rate and Class Not of General Applicability for Priority Mail Service (Governors’ Decision No. 09–4). The Governors’ Decision includes an attachment which provides an analysis of the proposed Priority Mail Contract 5. Attachment B is the redacted version of the contract. Attachment C shows the requested changes to the Mail Classification Schedule product list. Attachment D provides a statement of supporting justification for this Request. Attachment E provides the certification of compliance with 39 U.S.C. 3633(a). PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 effective 1 day after the Commission provides all necessary regulatory approvals. The Postal Service represents that the contract is consistent with 39 U.S.C. 3633(a) and 39 CFR 3015.7(c). See id., Attachment A and Attachment E. It notes that actual performance under this contract could vary from estimates, but concludes that the risks are manageable. Id. at Attachment A. The Postal Service filed much of the supporting materials, including the Governors’ Decision and the specific Priority Mail Contract 5, under seal. In its Request, the Postal Service maintains that the contract and related financial information, including the customer’s name and the accompanying analyses that provide prices, terms, conditions, and financial projections should remain under seal. Id. at 2–3. II. Notice of Filings The Commission establishes Docket Nos. MC2009–21 and CP2009–26 for consideration of the Request pertaining to the proposed Priority Mail Contract 5 product and the related contract, respectively. In keeping with practice, these dockets are addressed on a consolidated basis for purposes of this order; however, future filings should be made in the specific docket in which issues being addressed pertain. Interested persons may submit comments on whether the Postal Service’s filings in the captioned dockets are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642 and 39 CFR part 3015 and 39 CFR 3020 subpart B. Comments are due no later than March 25, 2009. The public portions of these filings can be accessed via the Commission’s Web site (https:// www.prc.gov). The Commission appoints Paul L. Harrington to serve as Public Representative in these dockets. It is Ordered: 1. The Commission establishes Docket Nos. MC2009–21 and CP2009–26 for E:\FR\FM\24MRN1.SGM 24MRN1 EN18MR09.003</GPH> [FR Doc. Z9–5933 Filed 3–23–09; 8:45 am] Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices consideration of the matter raised in each docket. 2. Pursuant to 39 U.S.C. 505, Paul L. Harrington is appointed to serve as officer of the Commission (Public Representative) to represent the interests of the general public in these proceedings. 3. Comments by interested persons in these proceedings are due no later than March 25, 2009. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Steven W. Williams, Secretary. [FR Doc. E9–6419 Filed 3–23–09; 8:45 am] BILLING CODE 7710–FW–P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request; Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. mstockstill on PROD1PC66 with NOTICES Extension: Rule 23c–1; SEC File No. 270–253; OMB Control No. 3235–0260. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520), the Securities and Exchange Commission (the ‘‘Commission’’) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Rule 23c–1 (17 CFR 270.23c–1) under the Investment Company Act of 1940 (15 U.S.C. 80a), among other things, permits a closed-end fund to repurchase its securities for cash if in addition to the other requirements set forth in the rule: (i) Payment of the purchase price is accompanied or preceded by a written confirmation of the purchase; (ii) the asset coverage per unit of the security to be purchased is disclosed to the seller or his agent; and (iii) if the security is a stock, the fund has, within the preceding six months, informed stockholders of its intention to purchase stock. Commission staff estimates that approximately 36 closed-end funds rely on Rule 23c–1 annually to undertake 324 repurchases of their securities. Commission staff estimates that, on average, a fund spends 2.5 hours to comply with the paperwork VerDate Nov<24>2008 01:06 Mar 24, 2009 Jkt 217001 requirements listed above each time it undertakes a security repurchase under the rule. Commission staff thus estimates the total annual burden of the rule’s paperwork requirements is 810 hours. In addition, the fund must file with the Commission a copy of any written solicitation to purchase securities given by or on behalf of the fund to 10 or more persons. The copy must be filed as an exhibit to Form N–CSR (17 CFR 249.331 and 274.128). The burden associated with filing Form N–CSR is addressed in the submission related to that form. The estimate of average burden hours is made solely for the purposes of the Paperwork Reduction Act, and is not derived from a comprehensive or even a representative survey or study of the costs of Commission rules and forms. Written comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the Commission, including whether the information has practical utility; (b) the accuracy of the Commission’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication. Please direct your written comments to Charles Boucher, Director/CIO, Securities and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-mail to: PRA_Mailbox@sec.gov. Dated: March 18, 2009. Florence E. Harmon, Deputy Secretary. [FR Doc. E9–6406 Filed 3–23–09; 8:45 am] BILLING CODE 8010–01–P 12407 Act of 1940 (‘‘Act’’) for an exemption from rule 12d1–2(a) under the Act. SUMMARY OF APPLICATION: Applicants request an order to permit funds of funds relying on rule 12d1–2 under the Act to invest in certain financial instruments. Applicants: ING Investments, LLC (‘‘IIL’’), Directed Services, LLC (‘‘DSL’’), ING Investment Management Co. (‘‘IIM’’), ING Funds Distributor, LLC (‘‘IFD’’) and ING Investors Trust, ING Partners, Inc., ING Mutual Funds, ING Series Funds, Inc., and ING Strategic Allocation Portfolios, Inc. (collectively, the ‘‘Trusts’’). Filing Dates: The application was filed on June 4, 2008, and amended on March 13, 2009. 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 applicants 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 13, 2009 and should be accompanied by proof of service on applicants, 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, NE., Washington, DC 20549–1090; Applicants, c/o Huey P. Falgout, Jr., ING Investments, LLC, 7337 E. Doubletree Ranch Road, Scottsdale, AZ 85258. FOR FURTHER INFORMATION CONTACT: Lewis Reich, Senior Counsel, at (202) 551–6919, or Janet M. Grossnickle, Assistant Director, at (202) 551–6821 (Division of Investment Management, Office of Investment Company Regulation). 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). SUPPLEMENTARY INFORMATION: SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 28650; 812–13538] ING Investments, LLC, et al.; Notice of Application March 17, 2008. AGENCY: Securities and Exchange Commission (‘‘Commission’’). ACTION: Notice of an application under section 6(c) of the Investment Company PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 Applicants’ Representations 1. ING Investors Trust is organized as a Massachusetts business trust. ING Mutual Funds is organized as a Delaware statutory trust. Each of the other Trusts is organized as a Maryland corporation. Each Trust is registered E:\FR\FM\24MRN1.SGM 24MRN1

Agencies

POSTAL REGULATORY COMMISSION

[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Notices]
[Pages 12406-12407]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6419]


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POSTAL REGULATORY COMMISSION

[Docket Nos. MC2009-21 and CP2009-26; Order No. 193]


New Competitive Postal Product

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commission is noticing a recently-filed Postal Service 
request to add Priority Mail Contract Mail 5 to the Competitive Product 
List. The Postal Service has also filed a related contract. This notice 
addresses procedural steps associated with these filings.

DATES: Comments are due March 25, 2009.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at https://www.prc.gov.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
202-789-6820 and stephen.sharfman@prc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    On March 13, 2009, the Postal Service filed a formal request 
pursuant to 39 U.S.C. 3642 and 39 CFR 3020.30 et seq. to add Priority 
Mail Contract 5 to the Competitive Product List.\1\ The Postal Service 
asserts that Priority Mail Contract 5 is a competitive product ``not of 
general applicability'' within the meaning of 39 U.S.C. 3632(b)(3). Id. 
at 1. The Request has been assigned Docket No. MC2009-21.
---------------------------------------------------------------------------

    \1\ Request of the United States Postal Service to Add Priority 
Mail Contract 5 to Competitive Product List and Notice of 
Establishment of Rates and Class Not of General Applicability, March 
13, 2009 (Request).
---------------------------------------------------------------------------

    The Postal Service contemporaneously filed a contract related to 
the proposed new product pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 
3015.5. The contract has been assigned Docket No. CP2009-26.
    Request. The Request incorporates (1) a redacted version of the 
Governors' Decision authorizing the new product; (2) a redacted version 
of the contract; (3) requested changes in the Mail Classification 
Schedule product list; (4) a statement of supporting justification as 
required by 39 CFR 3020.32; and (5) certification of compliance with 39 
U.S.C. 3633(a).\2\ Substantively, the Request seeks to add Priority 
Mail Contract 5 to the Competitive Product List. Id. at 1-2.
---------------------------------------------------------------------------

    \2\ Attachment A to the Request consists of the redacted 
Decision of the Governors of the United States Postal Service on 
Establishment of Rate and Class Not of General Applicability for 
Priority Mail Service (Governors' Decision No. 09-4). The Governors' 
Decision includes an attachment which provides an analysis of the 
proposed Priority Mail Contract 5. Attachment B is the redacted 
version of the contract. Attachment C shows the requested changes to 
the Mail Classification Schedule product list. Attachment D provides 
a statement of supporting justification for this Request. Attachment 
E provides the certification of compliance with 39 U.S.C. 3633(a).
---------------------------------------------------------------------------

    In the statement of supporting justification, Mary Prince Anderson, 
Acting Manager, Sales and Communications, Expedited Shipping, asserts 
that the service to be provided under the contract will cover its 
attributable costs, make a positive contribution to institutional 
costs, and increase contribution toward the requisite 5.5 percent of 
the Postal Service's total institutional costs. Id., Attachment D. 
Thus, Ms. Anderson contends there will be no issue of subsidization of 
competitive products by market dominant products as a result of this 
contract. Id.
    Related Contract. A redacted version of the specific Priority Mail 
Contract 5 is included with the Request. The contract is for 1 year and 
is to be effective 1 day after the Commission provides all necessary 
regulatory approvals. The Postal Service represents that the contract 
is consistent with 39 U.S.C. 3633(a) and 39 CFR 3015.7(c). See id., 
Attachment A and Attachment E. It notes that actual performance under 
this contract could vary from estimates, but concludes that the risks 
are manageable. Id. at Attachment A.
    The Postal Service filed much of the supporting materials, 
including the Governors' Decision and the specific Priority Mail 
Contract 5, under seal. In its Request, the Postal Service maintains 
that the contract and related financial information, including the 
customer's name and the accompanying analyses that provide prices, 
terms, conditions, and financial projections should remain under seal. 
Id. at 2-3.

II. Notice of Filings

    The Commission establishes Docket Nos. MC2009-21 and CP2009-26 for 
consideration of the Request pertaining to the proposed Priority Mail 
Contract 5 product and the related contract, respectively. In keeping 
with practice, these dockets are addressed on a consolidated basis for 
purposes of this order; however, future filings should be made in the 
specific docket in which issues being addressed pertain.
    Interested persons may submit comments on whether the Postal 
Service's filings in the captioned dockets are consistent with the 
policies of 39 U.S.C. 3632, 3633, or 3642 and 39 CFR part 3015 and 39 
CFR 3020 subpart B. Comments are due no later than March 25, 2009. The 
public portions of these filings can be accessed via the Commission's 
Web site (https://www.prc.gov).
    The Commission appoints Paul L. Harrington to serve as Public 
Representative in these dockets.
    It is Ordered:
    1. The Commission establishes Docket Nos. MC2009-21 and CP2009-26 
for

[[Page 12407]]

consideration of the matter raised in each docket.
    2. Pursuant to 39 U.S.C. 505, Paul L. Harrington is appointed to 
serve as officer of the Commission (Public Representative) to represent 
the interests of the general public in these proceedings.
    3. Comments by interested persons in these proceedings are due no 
later than March 25, 2009.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E9-6419 Filed 3-23-09; 8:45 am]
BILLING CODE 7710-FW-P

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