30-Day FRN

Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices
(3150–0181), NEOB–10202, Office of
Management and Budget, Washington,
DC 20503.
Comments can also be e-mailed to
[email protected] or
submitted by telephone at (202) 395–
4638.
The acting NRC Clearance Officer is
Tremaine Donnell, (301) 415–6258.
Dated at Rockville, Maryland, this 16th day
of June 2009.
For the Nuclear Regulatory Commission.
Tremaine Donnell,
Acting NRC Clearance Officer, Office of
Information Services.
[FR Doc. E9–14982 Filed 6–24–09; 8:45 am]
BILLING CODE 7590–01–P

FOR INFORMATION REGARDING
ADMINISTRATIVE COORDINATION CONTACT:

OFFICE OF PERSONNEL
MANAGEMENT
[OMB Control No. 3206–0197; Forms RI 38–
107 and RI 38–147]

Submission for OMB Review; Request
for Review of a Revised Information
Collection
Office of Personnel
Management.
ACTION: Notice.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13, May 22, 1995), this notice
announces that the Office of Personnel
Management (OPM) has submitted to
the Office of Management and Budget
(OMB) a request for review of a revised
information collection. ‘‘Verification of
Who is Getting Payments’’ (OMB
Control No. 3206–0197; Form RI 38–
107) is designed for use by the
Retirement Inspection Branch when
OPM, for any reason, must verify that
the entitled person is indeed receiving
the monies payable. ‘‘Verification of
Who is Getting Payments’’ (OMB
Control No. 3206–0197; Form RI 38–
147) collects the same information and
is used by other groups within
Retirement Services Program. Failure to
collect this information would cause
OPM to pay monies absent the
assurance of a correct payee.
The number of respondents to RI 38–
107 is 25,000. The number of
respondents to RI 38–147 is 400. We
estimate it takes approximately 10
minutes to complete each form. The
annual burden for RI 38–107 is 4,167
hours; the annual burden for RI 38–147
is 67 hours. The total burden is 4,234
hours.
For copies of this proposal, contact
Cyrus S. Benson on (202) 606–4808,
FAX (202) 606–0910 or via E-mail to
[email protected]. Please include
a mailing address with your request.

sroberts on PROD1PC70 with NOTICES

SUMMARY:

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16:25 Jun 24, 2009

DATES: Comments on this proposal
should be received within 30 calendar
days from the date of this publication.
ADDRESSES: Send or deliver comments
to—
James K. Freiert, Deputy Assistant
Director, Retirement Services
Program, Center for Retirement and
Insurance Services, U.S. Office of
Personnel Management, 1900 E Street,
NW., Room 3305, Washington, DC
20415–3500; and
OPM Desk Officer, Office of Information
& Regulatory Affairs, Office of
Management and Budget, New
Executive Office Building, 725 17th
Street, NW., Room 10235,
Washington, DC 20503.

Jkt 217001

Cyrus S. Benson, Team Leader,
Publications Team, RIS Support
Services/Support Group, U.S. Office of
Personnel Management, 1900 E Street,
NW., Room 4H28, Washington, DC
20415, (202) 606–0623.
U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. E9–15020 Filed 6–24–09; 8:45 am]
BILLING CODE 6325–38–P

POSTAL REGULATORY COMMISSION
[Docket No. CP2009–38; Order No. 223]

Priority Mail Contract
Postal Regulatory Commission.
Notice.

AGENCY:
ACTION:

SUMMARY: The Commission is noticing a
recently-filed Postal Service request to
add an additional Priority Mail contract
to the Competitive Product List. This
notice addresses procedural steps
associated with this filing.
DATES: Postal Service responses are due
June 23, 2009. Comments are due June
26, 2009.
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
[email protected].
SUPPLEMENTARY INFORMATION:

I. Background
On June 11, 2009, the Postal Service
filed a notice, pursuant to 39 U.S.C.
3632(b)(3) and 39 CFR 3015.5,
announcing that it has entered into an
additional contract (Priority Mail

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30333

Contract 12), which it contends fits
within the previously proposed Priority
Mail Contract Group product.1 In
support, the Postal Service filed the
proposed contract and referenced
Governors’ Decision 09–6 filed in
Docket No. MC2009–25. Id. at 1.
The Notice states that the ‘‘contract
differs from the contract filed as Priority
Mail Contract 6 only in regards to
negotiated prices and a difference in
termination provisions.’’ Id. at 2. In
addition, it states that the contract is
scheduled to become effective the day
that the Commission issues all
necessary regulatory approval. Id. at 1.
The instant contract. The Postal
Service filed the instant contract
pursuant to 39 U.S.C. 3632(b)(3) and 39
CFR 3015.5. It submitted the contract
and supporting material under seal, and
attached a redacted copy of the contract
and certified statement required by 39
CFR 3015.5(c)(2) to the Notice. Id.,
Attachments A and B respectively.
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.
II. Notice of Filing
The Commission establishes Docket
No. CP2009–38 for consideration of the
matters related to the contract identified
in the Postal Service’s Notice.
The Notice does not expressly use the
term functionally equivalent to describe
proposed Priority Mail Contract 12.
Instead, it appears to implicitly make
that claim by distinguishing the instant
contract from Priority Mail Contract 6,
filed in Docket No. CP2009–30 as part
of the proposed Priority Mail Contract
Group. Id. at 2. As the Postal Service
recognizes, the scope of the Priority
Mail Contract Group product is
currently pending before the
Commission. To that end, it
acknowledges that the Commission’s
decision in Docket No. MC2009–25 may
have an impact on the sufficiency of the
Postal Service’s filings in this case. Id.
at 1, n.1. Depending on the outcome of
Docket No. MC2009–25, the Postal
Service may need to file additional
support as required in 39 CFR 3020
subpart B. Such filings, if any, shall be
due within three days of the
Commission’s order in Docket No.
MC2009–25 addressing the scope of the
proposed Priority Mail Contract Group
product.
1 Notice of Establishment of Rates and Class Not
of General Applicability (Priority Mail Contract 12),
June 11, 2009 (Notice).

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Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices

Interested persons may submit
comments on whether the instant
contract is consistent with the policies
of 39 U.S.C. 3632, 3633, or 3642 and 39
CFR part 3015 and 39 CFR 3020, subpart
B, and whether it should be classified
within the Priority Mail Contract Group
or as a separate product. Comments in
this case are due no later than June 26,
2009.
The public portions of these filings
can be accessed via the Commission’s
Web site (http://www.prc.gov).
The Commission appoints Paul L.
Harrington to serve as Public
Representative in this docket.
III. Supplementary Information
Pursuant to 39 CFR 3015.6, the
Commission requests the Postal Service
to provide the following supplemental
information by June 23, 2009:
1. (a) Please explain the cost
adjustments made to each contract;
(b) Explain the mailer activities or
characteristics that:
(i) Yield cost savings to the Postal
Service,
(ii) Impose additional costs on the
Postal Service;
(c) Please address every instance
where an NSA partner’s cost differs
from the average cost.
2. (a) Please provide a timeframe of
when NSA partner volumes and cubic
feet measurements were collected for
each contract.
(b) Please provide a unit of analysis
for volumes in each contract, e.g., whole
numbers, thousands, etc.
3. In the Excel files accompanying the
instant contract, unit transportation
costs are hard coded (See tab: ‘‘Partner
Unit Cost’’ rows 18 and 19). Please
provide up-to-date sources and show all
calculations.

sroberts on PROD1PC70 with NOTICES

IV. Ordering Paragraphs
It is Ordered:
1. The Commission establishes Docket
No. CP2009–38 for consideration of the
issues raised in this docket.
2. As discussed in this order, the
Postal Service shall file supplemental
information, if necessary, within three
days of the Commission’s order in
Docket No. MC2009–25 addressing the
scope of the proposed Priority Mail
Contract Group product.
3. Comments by interested persons in
these proceedings are due no later than
June 26, 2009.
4. The Postal Service is to provide the
information requested in section III of
this order no later than June 23, 2009.
5. Pursuant to 39 U.S.C. 505, Paul L.
Harrington is appointed to serve as
officer of the Commission (Public
Representative) to represent the

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16:25 Jun 24, 2009

Jkt 217001

interests of the general public in these
proceedings.
6. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E9–14926 Filed 6–24–09; 8:45 am]
BILLING CODE 7710–FW–P

SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–60152]

Order Granting Application for
Extension of a Temporary Conditional
Exemption Pursuant to Section 36(a) of
the Exchange Act by the International
Securities Exchange, LLC Relating to
the Ownership Interest of International
Securities Exchange Holdings, Inc. in
an Electronic Communications
Network
June 19, 2009.

I. Introduction
On December 22, 2008, the Securities
and Exchange Commission
(‘‘Commission’’) approved a proposal
filed by the International Securities
Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) in
connection with corporate transactions
(the ‘‘Transactions’’) in which, among
other things, the parent company of ISE,
International Securities Exchange
Holdings, Inc. (‘‘ISE Holdings’’),
purchased a 31.54% ownership interest
in Direct Edge Holdings LLC (‘‘Direct
Edge’’), the owner and operator of Direct
Edge ECN (‘‘DECN’’), a registered
broker-dealer and electronic
communications network (‘‘ECN’’).1
Following the closing of the
Transactions (the ‘‘Closing’’), Direct
Edge’s wholly-owned subsidiary, Maple
Merger Sub LLC (‘‘Merger Sub’’) began
to operate a marketplace for the trading
of U.S. cash equity securities by Equity
Electronic Access Members of ISE (the
‘‘Facility’’), under ISE’s rules and as a
‘‘facility,’’ as defined in Section 3(a)(2)
of the Securities Exchange Act of 1934
(‘‘Exchange Act’’),2 of ISE.3
1 See

Securities Exchange Act Release No. 59135
(December 22, 2008), 73 FR 79954 (December 30,
2008) (order approving File No. SR–ISE–2008–85).
2 15 U.S.C. 78c(a)(2).
3 Under Section 3(a)(2) of the Act, the term
‘‘facility,’’ when used with respect to an exchange,
includes ‘‘its premises, tangible or intangible
property whether on the premises or not, any right
to the use of such premises or property or any
service thereof for the purpose of effecting or
reporting a transaction on an exchange (including,
among other things, any system of communication
to or from the exchange, by ticker or otherwise,

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DECN, which operates as an ECN and
submits its limit orders to the Facility
for display and execution, is an affiliate
of ISE through ISE Holdings’ equity
interest in DE Holdings. DECN also is a
facility, as defined in Section 3(a)(2) of
the Exchange Act, of ISE because it is an
affiliate of ISE used for the purpose of
effecting and reporting securities
transactions. Because DECN is a facility
of ISE, ISE, absent exemptive relief,
would be obligated under Section 19(b)
of the Exchange Act to file with the
Commission proposed rules governing
the operation of DECN’s systems and
subscriber fees.
On December 22, 2008, the
Commission exercised its authority
under Section 36 of the Exchange Act to
grant ISE a temporary exemption,
subject to certain conditions, from the
requirements under Section 19(b) of the
Exchange Act with respect to DECN’s
proposed rules.4
On June 15, 2009, ISE filed with the
Commission, pursuant to Rule 0–12 5
under the Exchange Act, an application
under Section 36(a)(1) of the Exchange
Act 6 to extend the relief granted in the
Exemption Order for an additional 180
days, subject to certain conditions.7
This order grants ISE’s request for a
temporary extension of the relief
provided in the Exemption Order,
subject to the satisfaction of certain
conditions, which are outlined below.
II. Application for an Extension of the
Temporary Conditional Exemption
From the Section 19(b) Rule Filing
Requirements
On June 15, 2009, ISE requested that
the Commission exercise its authority
under Section 36 of the Exchange Act to
temporarily extend, subject to certain
conditions, the temporary conditional
exemption granted in the Exemption
Order from the rule filing procedures of
Section 19(b) of the Exchange Act in
connection with ISE Holdings’ equity
ownership interest in DE Holdings and
the continued operation of DECN as a
facility of ISE.8
The Exemption Request notes that on
May 7, 2009, EDGA Exchange, Inc., and
EDGX Exchange, Inc. (together, the
maintained by or with the consent of the exchange),
and any right of the exchange to the use of any
property or service.’’
4 See Securities Exchange Act Release No. 59133
(December 22, 2008), 73 FR 79940 (December 30,
2008) (‘‘Exemption Order’’).
5 17 CFR 240.0–12.
6 15 U.S.C. 78mm(a)(1).
7 See letter from Michael J. Simon, General
Counsel and Secretary, ISE, to Elizabeth M.
Murphy, Secretary, Commission, dated June 15,
2009 (‘‘Exemption Request’’).
8 See Section 3(a)(2) of the Exchange Act, 15
U.S.C. 78c3(a)(2) (definition of ‘‘facility’’).

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