7296 Federal Register / Vol. 75, No. 32 / Thursday, February 18, 2010 / Notices 

1Notice of United States Postal Service Filing of 

Functionally Equivalent Global Expedited package 

Services 2 Negotiated Service Agreement and 

Application for Non-Public Treatment of Materials 

Filed Under Seal, February 9, 2010 (Notice). 

2 Docket No. CP2009-50, Order Granting 

Clarification and Adding Global Expedited Package 

Services 2 to the Competitive Product List, August 

28, 2009 (Order No. 290). 

employee interests. The Council is cochaired by the Director of the Office of 

Personnel Management and the Deputy 

Director for Management of the Office of 

Management and Budget. 

Please note that we are providing a 

slightly shortened notice period for this 

meeting, as permitted under 41 CFR 

102–3.150 in ‘‘exceptional 

circumstances.’’ The record snowfall 

and resulting closure of Federal 

Government agencies in the National 

Capital Area in the previous 41⁄2 days 

forced a postponement of the originally 

planned notice date. Deadlines imposed 

by the executive order are pendingagencies are required to submit draft 

implementation plans to OPM by March 

9, and OPM believes that a timely first 

meeting is necessary to hear comments 

from the agencies and the public about 

the process to create Labor-Management 

Forums in each agency throughout the 

Federal Government. A further 

postponement of the meeting may 

hinder agencies’ compliance with the 

March 9 deadline. Therefore, we believe 

that these conditions constitute 

‘‘exceptional circumstances’’ within the 

meaning of the regulation, and that the 

shortened notice period is permitted. 

At the February 26 meeting, the 

Council will discuss the functions and 

operating procedures of the Council and 

training opportunities for managers and 

employees’ representatives. The meeting 

is open to the public. Please contact the 

Office of Personnel Management at the 

address shown below if you wish to 

present material to the Council at the 

meeting. The manner and time 

prescribed for presentations may be 

limited, depending upon the number of 

parties that express interest in 

presenting information. 

DATES: February 26, 2010, at 10 a.m. 

Location: U.S. Office of Personnel 

Management, Theodore Roosevelt 

Building, 1900 E Street, NW., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Wachter, Acting Deputy 

Associate Director for Partnership and 

Labor Relations, Office of Personnel 

Management, 1900 E Street NW., Room 

7H28–E, Washington, DC 20415. Phone 

(202) 606–2930; FAX (202) 606–2613; or 

e-mail at PLR@opm.gov. 

For the National Council. 

John Berry, 

Director. 

[FR Doc. 2010–3149 Filed 2–16–10; 11:15 am] 

BILLING CODE 6325–39–P 

POSTAL REGULATORY COMMISSION 

[Docket No. CP2010–23; Order No. 405] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently-filed Postal Service request to 

add a Global Expedited Package 

Services 2 contract to the Competitive 

Product List. This notice addresses 

procedural steps associated with this 

filing. 

DATES: Comments are due: February 19, 

2010. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov. Commenters who cannot 

submit their views electronically should 

contact the person identified in ‘‘FOR 

FURTHER INFORMATION CONTACT’’ 

by telephone for advice on alternatives 

to electronic filing. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Notice of Filing 

III. Ordering Paragraphs 

I. Introduction 

On February 9, 2010, the Postal 

Service filed a notice announcing that it 

has entered into an additional Global 

Expedited Package Services 2 (GEPS 2) 

contract.1 The Postal Service believes 

the instant contract is functionally 

equivalent to previously submitted 

GEPS 2 contracts, and is supported by 

Governors’ Decision No. 08–7, attached 

to the Notice and originally filed in 

Docket No. CP2008–4. Id. at 1, 

Attachment 2. The Notice also explains 

that Order No. 86, which established 

GEPS 1 as a product, also authorized 

functionally equivalent agreements to be 

included within the product, provided 

that they meet the requirements of 39 

U.S.C. 3633. Id. at 1. In Order No. 290, 

the Commission approved the GEPS 2 

product.2

The instant contract. The Postal 

Service filed the instant contract 

pursuant to 39 CFR 3015.5. In addition, 

the Postal Service contends that the 

contract is in accordance with Order No. 

86. The Postal Service submitted the 

contract and supporting material under 

seal along with an application for nonpublic treatment as Attachment 1, and 

attached a certified statement required 

by 39 CFR 3015.5(c)(2) and a redacted 

copy of the contract to the Notice as 

Attachments 2 and 3, respectively. Id. at 

1–2. The term of the contract is 1 year 

from the date the Postal Service notifies 

the customer that all necessary 

regulatory approvals have been 

received. 

The Notice advances reasons why the 

instant GEPS 2 contract fits within the 

Mail Classification Schedule language 

for GEPS 2. The Postal Service contends 

that the instant contract is functionally 

equivalent to the GEPS 2 contracts filed 

previously, despite minor differences in 

both the general language and for 

customer-specific information, all of 

which are highlighted in the Notice. Id. 

at 3–8. 

The Postal Service contends that 

several factors demonstrate the 

contract’s functional equivalence with 

previous GEPS 2 contracts, including 

the general terms of the contract, the 

market to which it is being offered, and 

its cost characteristics. Id. at 3. The 

Postal Service concludes that because 

the ‘‘GEPS agreements incorporate the 

same cost attributes and methodology, 

the relevant cost and market 

characteristics are similar, if not the 

same...’’ despite any incidental 

differences. Id. at 8. 

The Postal Service contends that its 

filings demonstrate that this new GEPS 

2 contract is established in compliance 

with the requirements of 39 U.S.C. 3633, 

is functionally equivalent to previous 

GEPS 2 contracts, and requests that this 

contract be included within the GEPS 2 

product. Id. 

II. Notice of Filing 

The Commission establishes Docket 

No. CP2010–23 for consideration of 

matters related to the contract identified 

in the Postal Service’s Notice. 

Interested persons may submit 

comments on whether the Postal 

Service’s contract is consistent with the 

policies of 39 U.S.C. 3632, 3622 or 3642. 

Comments are due no later than 

February 19, 2010. The public portions 

of these filings can be accessed via the 

Commission’s Web site (http:// 

www.prc.gov). 

The Commission appoints Paul 

Harrington to serve as Public 

Representative in the captioned filings. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 32 / Thursday, February 18, 2010 / Notices 7297 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 61057 

(Nov. 24, 2009), 74 FR 62855 (‘‘Notice’’). 

4See letter from William A. Jacobson, Esq. and 

Kelly Cardin, Cornell Law School, to Elizabeth M. 

Murphy, Secretary, Commission, dated December 

16, 2009 (‘‘Cornell Letter’’); letter from Scott R. 

Shewan, President, Public Investors Arbitration Bar 

Association, to Elizabeth M. Murphy, Secretary, 

Commission, dated December 21, 2009 (‘‘PIABA 

Letter’’). 

5See letter from Mignon McLemore, FINRA 

Dispute Resolution, to Elizabeth M. Murphy, 

Secretary, Commission, dated January 29, 2010 

(‘‘FINRA Response’’). 

III. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

No. CP2010–23 for consideration of 

matters raised by the Postal Service’s 

Notice. 

2. Comments by interested persons in 

these proceedings are due no later than 

February 19, 2010. 

3. Pursuant to 39 U.S.C. 505, Paul 

Harrington is appointed to serve as the 

officer of the Commission (Public 

Representative) to represent the 

interests of the general public in these 

proceedings. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2010–3061 Filed 2–17–10; 8:45 am] 

BILLING CODE 7710–FW–S 

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 Thursday, February 18, 2010 at 2 

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)(3), (5), (7), 9(B) and (10) 

and 17 CFR 200.402(a)(3), (5), (7), 9(ii) 

and (10), permit consideration of the 

scheduled matters at the Closed 

Meeting. 

Commissioner Walter, as duty officer, 

voted to consider the items listed for the 

Closed Meeting in a closed session, and 

determined that no earlier notice thereof 

was possible. 

The subject matter of the Closed 

Meeting scheduled for Thursday, 

February 18, 2010 will be: 

Institution and settlement of injunctive 

actions; 

Institution and settlement of 

administrative proceedings; 

An adjudicatory matter; 

Amicus consideration; and 

Other matters relating 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: February 12, 2010. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–3138 Filed 2–16–10; 11:15 am] 

BILLING CODE 8011–01–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 Investor Advisory 

Committee will hold an Open Meeting 

on Monday, February 22, 2010, in the 

Multipurpose Room, L–006. The 

meeting will begin at 9 a.m. and will be 

open to the public, with seating on a 

first-come, first-served basis. Doors will 

open at 8:30 a.m. Visitors will be subject 

to security checks. 

On February 2, 2010, the Commission 

published notice of the Committee 

meeting (Release No. 33–9104), 

indicating that the meeting is open to 

the public and inviting the public to 

submit written comments to the 

Committee. This Sunshine Act notice is 

being issued because a majority of the 

Commission may attend the meeting. 

The agenda for the meeting includes 

consideration of a Committee recusal 

policy, a report from the Education 

Subcommittee, including a presentation 

on the National Financial Capability 

Survey, a report from the Investor as 

Purchaser Subcommittee, including a 

discussion of fiduciary duty and 

mandatory arbitration, a report from the 

Investor as Owner Subcommittee, 

including recommendations for the 

Committee on Regulation FD and proxy 

voting transparency, as well as reports 

on a work plan for environmental, 

social, and governance disclosure and 

on financial reform legislation, and 

discussion of next steps and closing 

comments. 

For further information, please 

contact the Office of the Secretary at 

(202) 551–5400. 

Dated: February 12, 2010. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–3196 Filed 2–16–10; 11:15 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61505; File No. SR–FINRA– 

2009–075] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Order Approving 

Proposed Rule Change To Amend the 

Postponement Fee and Hearing 

Session Fee Rules of the Codes of 

Arbitration Procedure for Customer 

and Industry Disputes 

February 4, 2010. 

I. Introduction 

On November 4, 2009, Financial 

Industry Regulatory Authority, Inc. 

(‘‘FINRA’’) filed with the Securities and 

Exchange Commission (‘‘Commission’’), 

pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a 

proposed rule change to amend Rules 

12601(b) and 12902(a) of the Code of 

Arbitration Procedure for Customer 

Disputes (‘‘Customer Code’’) and Rules 

13601(b) and 13902(a) of the Code of 

Arbitration Procedure for Industry 

Disputes (‘‘Industry Code’’) (together, the 

‘‘Codes’’) to clarify the applicability of 

the fee waiver provision of the 

postponement rule and to codify the 

hearing session fee for an unspecified 

damages claim heard by one arbitrator. 

The proposed rule change was 

published for comment in the Federal 

Register on December 1, 2009.3 The 

Commission received two comment 

letters on the proposal.4 FINRA 

submitted a response to these comments 

on January 29, 2010.5 This order 

approves the proposed rule change. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES