Post Office Closing, 54192-54193 [2010-22040]
Download as PDF
<![CDATA[
54192
Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
Section 4204(c) of ERISA authorizes
the PBGC to grant individual or class
variances or exemptions from the
purchaser’s bond/escrow requirement of
section 4204(a)(1)(B) when warranted.
The legislative history of section 4204
indicates a Congressional intent that the
statute be administered in a manner that
assures protection of the plan with the
least intrusion into normal business
transactions practicable. Senate
Committee on Labor and Human
Resources, 96th Cong., 2nd Sess., S.
1076, The Multiemployer Pension Plan
Amendments Act of 1980: Summary
and Analysis of Considerations 16
(Comm. Print, April 1980); 128 Cong.
Rec. S10117 (July 29, 1980). The
granting of a variance or exemption
from the bond/escrow requirement does
not constitute a finding by PBGC that a
particular transaction satisfies the other
requirements of section 4204(a)(1).
Under PBGC’s regulation on variances
for sales of assets (29 CFR part 4204), a
request for a variance or exemption from
the bond/escrow requirement under any
of the tests established in the regulation
(§§ 4204.12 and 4204.13) is to be made
to the plan in question. PBGC will
consider variance or exemption requests
only when the request is not based on
satisfaction of one of the four regulatory
tests under regulation §§ 4204.12 and
4204.13, or when the parties assert that
the financial information necessary to
show satisfaction of one of the
regulatory tests is privileged or
confidential financial information
within the meaning of 5 U.S.C. 552(b)(4)
(Freedom of Information Act). See 29
CFR 4204.21.
Under § 4204.22 of the regulation,
PBGC shall approve a request for a
variance or exemption if it determines
that approval of the request is
warranted, in that it:
(1) Would more effectively or
equitably carry out the purposes of Title
IV of the Act; and
(2) Would not significantly increase
the risk of financial loss to the plan.
Section 4204(c) of ERISA and
§ 4204.22(b) of the regulation requires
PBGC to publish a notice of the
pendency of a request for a variance or
exemption in the Federal Register, and
to provide interested parties with an
opportunity to comment on the
proposed variance or exemption.
The Request
PBGC has received a request, dated
November 25, 2009, from Ricketts
Acquisition LLC (the ‘‘Purchaser’’) for an
exemption from the bond/escrow
requirement of section 4204(a)(1)(B)
with respect to its purchase of the
Chicago National League Ball Club, LLC
VerDate Mar<15>2010
15:33 Sep 02, 2010
Jkt 220001
(the ‘‘Seller’’). In the request, the
Purchaser represents, among other
things, that:
1. The Seller was obligated to
contribute to the Major League Baseball
Players Benefit Plan (the ‘‘Plan’’) for
certain employees of the purchased
operations.
2. The Purchaser has agreed to assume
the obligation to contribute to the Plan
for substantially the same number of
contribution base units as the Seller.
3. The Seller has agreed to be
secondarily liable for any withdrawal
liability it would have had with respect
to the purchased operations (if not for
section 4204) should the Purchaser
withdraw from the Plan and fail to pay
its withdrawal liability.
4. The estimated amount of the
withdrawal liability of the Seller with
respect to the operations subject to the
sale is $34,030,359.
5. The amount of the bond/escrow
established under section 4204(a)(1)(B)
is $4,068,868, which is to be posted if
PBGC has not acted on the request by
the end of the plan year of the request.
6. The Major League Baseball Clubs
(the ‘‘Clubs’’) have established the Major
League Central Fund (the ‘‘Central
Fund’’) pursuant to the Major League
Baseball Constitution. Under this
Constitution, the Office of the
Commissioner of Baseball pays
contributions to the Plan from the
Central Fund on behalf of each
participating employer in satisfaction of
the employer’s pension liability under
the Plan’s funding agreement. The
monies in the Central Fund are derived
directly from (i) gate receipts from AllStar games; (ii) radio and television
revenue from World Series, League
Championship Series, Division Series,
All-Star Games, and (iii) certain other
radio and television revenue, including
revenues from foreign broadcasts,
regular, spring training, and exhibition
games (‘‘Revenues’’).
7. In support of the exemption
request, the Purchaser asserts that ‘‘[t]he
Plan is funded directly from Revenues
which are paid from the Central Fund
directly to the Plan without passing
through the hands of any of the Clubs.
Therefore, the Plan enjoys a substantial
degree of security with respect to
contributions on behalf of the Clubs. A
change in ownership of a particular
Club does not affect the obligation of the
Central Fund to fund the Plan out of the
Revenues. As such, approval of this
exemption request would not increase
the risk of financial loss to the Plan.’’
8. A complete copy of the request was
sent to the Plan and to the Major League
Baseball Players Association by certified
mail, return receipt requested.
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
Issued at Washington, DC, August 27,
2010.
Joshua Gotbaum,
Director.
[FR Doc. 2010–22012 Filed 9–2–10; 8:45 am]
BILLING CODE 7708–01–P
POSTAL REGULATORY COMMISSION
[Docket No. A2010–5; Order No. 526]
Post Office Closing
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
This document informs the
public that an appeal of the closing of
the Rentiesville Post Office,
Rentiesville, Oklahoma 74459 has been
filed. It identifies preliminary steps and
provides a procedural schedule.
Publication of this document will allow
the Postal Service, petitioner, and others
to take appropriate action.
DATES: Deadline for filing administrative
record: September 9, 2010. For other
dates, see Procedural Schedule.
ADDRESSES: Submit filings electronically
via the Commission’s Filing Online
system at https://www.prc.gov. Those
who cannot file electronically should
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section
by telephone for advice on alternatives
to electronic filing.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
stephen.sharfman@prc.gov or 202–789–
6820.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that pursuant to 39 U.S.C.
404(d), the Commission has received an
appeal of the closing of the Rentiesville
Post Office, Rentiesville, Oklahoma
74459. The appeal, postmarked August
23, 2010, was received by the
Commission on August 25, 2010. The
Commission hereby institutes a
proceeding under 39 U.S.C. 404(d)(5)
and designates the case as Docket No.
A2010–5 to consider the petitioner’s
appeal. If the petitioner would like to
further explain her position with
supplemental information or facts, she
may either file a Participant Statement
on PRC Form 61 or file a brief with the
Commission by no later than September
29, 2010.
Categories of issues apparently raised.
The categories of issues that appear to
be raised include: Effect on the
community. See 39 U.S.C.
404(d)(2)(A)(i).
After the Postal Service files the
administrative record and the
Commission reviews it, the Commission
may find that there are more legal issues
SUMMARY:
E:\FR\FM\03SEN1.SGM
03SEN1
Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices
than the one set forth above, or that the
Postal Service’s determination disposes
of one or more of those issues. The
deadline for the Postal Service to file the
administrative record with the
Commission is September 9, 2010. 39
CFR 3001.113.
Availability; website posting. The
Commission has posted the appeal and
supporting material on its website at
https://www.prc.gov. Additional filings
in this case and participants’
submissions also will be posted on the
website, if provided in electronic format
or amenable to conversion, and not
subject to a valid protective order.
Information on how to use the
Commission’s website is available
online or by contacting the
Commission’s webmaster via telephone
at 202–789–6873 or via electronic mail
at prc-webmaster@prc.gov.
The appeal and all related documents
are also available for public inspection
in the Commission’s docket section.
Docket section hours are 8 a.m. to 4:30
p.m., Monday through Friday, except on
Federal government holidays. Docket
section personnel may be contacted via
electronic mail at prc-dockets@prc.gov
or via telephone at 202–789–6846.
Filing of documents. All filings of
documents in this case shall be made
using the Internet (Filing Online)
pursuant to Commission rules 9(a) and
10(a) at the Commission’s website,
https://www.prc.gov, unless a waiver is
obtained. 39 CFR 3001.9(a) and 10(a).
Instructions for obtaining an account to
file documents online may be found on
the Commission’s website, https://
www.prc.gov, or by contacting the
Commission’s docket section at prcdockets@prc.gov or via telephone at
202–789–6846.
Intervention. Those, other than the
petitioner and respondent, wishing to be
heard in this matter are directed to file
a notice of intervention. See 39 CFR
3001.111(b). Notices of intervention are
due on or before September 21, 2010. A
notice of intervention shall be filed
using the Internet (Filing Online) at the
Commission’s website, https://
www.prc.gov, unless a waiver is
obtained for hardcopy filing. See 39 CFR
3001.9(a) and 10(a).
Further procedures. By statute, the
Commission is required to issue its
decision within 120 days from the date
this appeal was filed. See 39 U.S.C.
404(d)(5). A procedural schedule has
54193
been developed to accommodate this
statutory deadline. In the interest of
expedition, in light of the 120–day
decision schedule, the Commission may
request the Postal Service or other
participants to submit information or
memoranda of law on any appropriate
issue. As required by the Commission
rules, if any motions are filed, responses
are due 7 days after any such motion is
filed. 39 CFR 3001.21.
It is ordered:
1. The Postal Service shall file the
administrative record in this appeal, or
otherwise file a responsive pleading to
the appeal, by September 9, 2010.
2. The procedural schedule listed
below is hereby adopted.
3. Pursuant to 39 U.S.C. 505, Steven
M. Hoffer is designated officer of the
Commission (Public Representative) to
represent the interests of the general
public.
4. The Secretary shall arrange for
publication of this notice and order and
procedural schedule in the Federal
Register.
By the Commission.
Shoshana M. Grove,
Secretary.
PROCEDURAL SCHEDULE
August 25, 2010 ............
September 9, 2010 .......
September 21, 2010 .....
September 29, 2010 .....
October 19, 2010 ..........
November 3, 2010 ........
November 10, 2010 ......
December 21, 2010 ......
Filing of Appeal.
Deadline for Postal Service to file administrative record in this appeal or responsive pleading.
Deadline for petitions to intervene (see 39 CFR 3001.111(b)).
Deadline for petitioner’s Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)).
Deadline for answering brief in support of Postal Service (see 39 CFR 3001.115(c)).
Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)).
Deadline for motions by any party requesting oral argument; the Commission will schedule oral argument only when it
is a necessary addition to the written filings (see 39 CFR 3001.116).
Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)).
[FR Doc. 2010–22040 Filed 9–2–10; 8:45 am]
BILLING CODE 7710–FW–S
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
srobinson on DSKHWCL6B1PROD with NOTICES
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension:
Rule 0–2; SEC File No. 270–572; OMB
Control No. 3235–0636.
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’’) has submitted to the
Office of Management and Budget a
VerDate Mar<15>2010
15:33 Sep 02, 2010
Jkt 220001
request for extension of the previously
approved collection of information
discussed below.
Several sections of the Investment
Company Act of 1940 (‘‘Act’’ or
‘‘Investment Company Act’’) 1 give the
Commission the authority to issue
orders granting exemptions from the
Act’s provisions. The section that grants
broadest authority is section 6(c), which
provides the Commission with authority
to conditionally or unconditionally
exempt persons, securities or
transactions from any provision of the
Investment Company Act, or the rules or
regulations, if and to the extent that
such exemption is necessary or
appropriate in the public interest and
consistent with the protection of
investors and the purposes fairly
intended by the policy and provisions of
the Act.2
Rule 0–2 under the Investment
Company Act,3 entitled ‘‘General
Requirements of Papers and
Applications,’’ prescribes general
instructions for filing an application
seeking excemptive relief with the
Commission for which a form is not
specifically prescribed. Rule 0–2
requires that each application filed with
the commission have (a) a statement of
authorization to file and sign the
application on behalf of the applicant,
(b) a verification of application and
statements of fact, (c) a brief statement
of the grounds for application, and (d)
the name and address of each applicant
and of any person to whom questions
should be directed. The Commission
uses the information required by rule 0–
2 15
1 15
PO 00000
U.S.C. 80a–1 et seq.
Frm 00110
Fmt 4703
3 17
Sfmt 4703
E:\FR\FM\03SEN1.SGM
U.S.C. 80a–6(c).
CFR 270.0–2.
03SEN1
]]>Agencies
[Federal Register Volume 75, Number 171 (Friday, September 3, 2010)]
[Notices]
[Pages 54192-54193]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22040]
=======================================================================
-----------------------------------------------------------------------
POSTAL REGULATORY COMMISSION
[Docket No. A2010-5; Order No. 526]
Post Office Closing
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This document informs the public that an appeal of the closing
of the Rentiesville Post Office, Rentiesville, Oklahoma 74459 has been
filed. It identifies preliminary steps and provides a procedural
schedule. Publication of this document will allow the Postal Service,
petitioner, and others to take appropriate action.
DATES: Deadline for filing administrative record: September 9, 2010.
For other dates, see Procedural Schedule.
ADDRESSES: Submit filings electronically via the Commission's Filing
Online system at https://www.prc.gov. Those who cannot file
electronically should contact the person identified in the For Further
Information Contact section by telephone for advice on alternatives to
electronic filing.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel,
stephen.sharfman@prc.gov or 202-789-6820.
SUPPLEMENTARY INFORMATION: Notice is hereby given that pursuant to 39
U.S.C. 404(d), the Commission has received an appeal of the closing of
the Rentiesville Post Office, Rentiesville, Oklahoma 74459. The appeal,
postmarked August 23, 2010, was received by the Commission on August
25, 2010. The Commission hereby institutes a proceeding under 39 U.S.C.
404(d)(5) and designates the case as Docket No. A2010-5 to consider the
petitioner's appeal. If the petitioner would like to further explain
her position with supplemental information or facts, she may either
file a Participant Statement on PRC Form 61 or file a brief with the
Commission by no later than September 29, 2010.
Categories of issues apparently raised. The categories of issues
that appear to be raised include: Effect on the community. See 39
U.S.C. 404(d)(2)(A)(i).
After the Postal Service files the administrative record and the
Commission reviews it, the Commission may find that there are more
legal issues
[[Page 54193]]
than the one set forth above, or that the Postal Service's
determination disposes of one or more of those issues. The deadline for
the Postal Service to file the administrative record with the
Commission is September 9, 2010. 39 CFR 3001.113.
Availability; website posting. The Commission has posted the appeal
and supporting material on its website at https://www.prc.gov.
Additional filings in this case and participants' submissions also will
be posted on the website, if provided in electronic format or amenable
to conversion, and not subject to a valid protective order. Information
on how to use the Commission's website is available online or by
contacting the Commission's webmaster via telephone at 202-789-6873 or
via electronic mail at prc-webmaster@prc.gov.
The appeal and all related documents are also available for public
inspection in the Commission's docket section. Docket section hours are
8 a.m. to 4:30 p.m., Monday through Friday, except on Federal
government holidays. Docket section personnel may be contacted via
electronic mail at prc-dockets@prc.gov or via telephone at 202-789-
6846.
Filing of documents. All filings of documents in this case shall be
made using the Internet (Filing Online) pursuant to Commission rules
9(a) and 10(a) at the Commission's website, https://www.prc.gov, unless
a waiver is obtained. 39 CFR 3001.9(a) and 10(a). Instructions for
obtaining an account to file documents online may be found on the
Commission's website, https://www.prc.gov, or by contacting the
Commission's docket section at prc-dockets@prc.gov or via telephone at
202-789-6846.
Intervention. Those, other than the petitioner and respondent,
wishing to be heard in this matter are directed to file a notice of
intervention. See 39 CFR 3001.111(b). Notices of intervention are due
on or before September 21, 2010. A notice of intervention shall be
filed using the Internet (Filing Online) at the Commission's website,
https://www.prc.gov, unless a waiver is obtained for hardcopy filing.
See 39 CFR 3001.9(a) and 10(a).
Further procedures. By statute, the Commission is required to issue
its decision within 120 days from the date this appeal was filed. See
39 U.S.C. 404(d)(5). A procedural schedule has been developed to
accommodate this statutory deadline. In the interest of expedition, in
light of the 120-day decision schedule, the Commission may request the
Postal Service or other participants to submit information or memoranda
of law on any appropriate issue. As required by the Commission rules,
if any motions are filed, responses are due 7 days after any such
motion is filed. 39 CFR 3001.21.
It is ordered:
1. The Postal Service shall file the administrative record in this
appeal, or otherwise file a responsive pleading to the appeal, by
September 9, 2010.
2. The procedural schedule listed below is hereby adopted.
3. Pursuant to 39 U.S.C. 505, Steven M. Hoffer is designated
officer of the Commission (Public Representative) to represent the
interests of the general public.
4. The Secretary shall arrange for publication of this notice and
order and procedural schedule in the Federal Register.
By the Commission.
Shoshana M. Grove,
Secretary.
Procedural Schedule
August 25, 2010 Filing of Appeal.
September 9, 2010 Deadline for Postal Service to file
administrative record in this appeal or
responsive pleading.
September 21, 2010 Deadline for petitions to intervene (see 39
CFR 3001.111(b)).
September 29, 2010 Deadline for petitioner's Form 61 or initial
brief in support of petition (see 39 CFR
3001.115(a) and (b)).
October 19, 2010 Deadline for answering brief in support of
Postal Service (see 39 CFR 3001.115(c)).
November 3, 2010 Deadline for reply briefs in response to
answering briefs (see 39 CFR 3001.115(d)).
November 10, 2010 Deadline for motions by any party requesting
oral argument; the Commission will schedule
oral argument only when it is a necessary
addition to the written filings (see 39 CFR
3001.116).
December 21, 2010 Expiration of the Commission's 120-day
decisional schedule (see 39 U.S.C.
404(d)(5)).
------------------------------------------------------------------------
[FR Doc. 2010-22040 Filed 9-2-10; 8:45 am]
BILLING CODE 7710-FW-S
