594 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices 

Docket No. CP2008–4, issued May 6, 2008 

(Governors’ Decision No. 08–7). 4 Docket Nos. MC2010–28 and CP2010–71, Order 

Approving Global Expedited Package Services 3 

Negotiated Service Agreement, July 29, 2010 (Order 

No. 503). 5The Postal Service filed a redacted copy of the 

signed agreement as Attachment 1 to the Revised 

Notice. 

6Revised Notice at 6 (citing Docket Nos. CP2008– 

8, CP2008–9, and CP2008–10, Order No. 85, Order 

Concerning Global Plus Negotiated Service 

Agreements, June 27, 2008, at 8). 

The Postal Service believes that the 

instant agreement should be included 

within the GEPS 3 product because it is 

functionally equivalent to the contract 

filed in Docket No. CP2010–71.4 The 

Postal Service explains that, in Docket 

No. CP2010–71, the Commission added 

GEPS 3 to the competitive product list 

and established the contract filed as the 

GEPS 3 baseline agreement for 

comparing other functionally equivalent 

contracts. Notice at 1–2 (citing Order 

No. 503 at 7). It states that other GEPS 

contracts may be included within the 

GEPS 3 product if they are functionally 

equivalent to the GEPS 3 baseline 

agreement and meet the requirements of 

39 U.S.C. 3633. Id. at 2. 

The instant contract. The Postal 

Service filed the instant contract in 

accordance with 39 CFR 3015.5. The 

term of the instant agreement is 5 years 

from the effective date unless either 

party terminates the agreement sooner. 

Id. at 3; Revised Notice, Attachment 1 

at 7. The Postal Service will notify the 

other party of the effective date within 

30 days after receiving all necessary 

regulatory approvals. Revised Notice, 

Attachment 1 at 7. The effective date 

will be no earlier than February 17, 

2011. Id. 

To support the Notice, the Postal 

Service filed four attachments as 

follows: 

• Attachment 1—a redacted copy of 

the contract and an applicable annex; 5

• Attachment 2—a certified statement 

required by 39 CFR 3015.5(c)(2); 

• Attachment 3—a redacted copy of 

Governors’ Decision No. 08–7 (with 

attachments) establishing prices and 

classifications for GEPS contracts and a 

certification of the Governors’ vote; and 

• Attachment 4—an application for 

non–public treatment of materials to 

maintain redacted portions of the 

contract, related financial information, 

and customer-identifying information 

under seal. 

The Postal Service contends that the 

instant agreement fits within the Mail 

Classification Schedule (MCS) language 

for GEPS contracts included in 

Governors’ Decision No. 08–7, but 

understands that the Commission 

considers the language illustrative until 

the MCS is completed. Notice at 3 

(citing Order No. 86 at 6). 

The Notice advances reasons why the 

instant GEPS 3 contract is functionally 

equivalent to the GEPS 3 baseline 

agreement in Docket No. CP2010–71. Id. 

at 3. The Postal Service believes that the 

instant contract shares similar cost and 

market characteristics with both the 

baseline agreement and previous GEPS 

contracts. Id. at 3–4. It also asserts that 

the instant contract fits within the 

parameters outlined by Governors’ 

Decision No. 08–7 establishing the rates 

for GEPS agreements. Id. at 4. 

The Postal Service identifies several 

differences between the instant contract 

and the GEPS 3 baseline agreement, 

including customer-specific 

information, payment method, 

minimum revenue commitment, and 

term. Id. at 4–6. Despite these 

differences, the Postal Service asserts 

that the instant contract is ‘‘functionally 

equivalent in all pertinent respects’’ to 

the GEPS 3 baseline agreement.6

The Postal Service concludes that its 

filing demonstrates that the instant 

GEPS 3 contract complies with the 

requirements of 39 U.S.C. 3633 and is 

functionally equivalent to the GEPS 3 

baseline agreement. Notice at 6. 

Therefore, it requests that the 

Commission add the instant contract to 

the GEPS 3 product grouping. Id. 

II. Notice of Filing 

The Commission establishes Docket 

No. CP2011–54 to consider 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, 3633, or 39 

CFR part 3015. Comments are due no 

later than January 10, 2011. The public 

portions of this filing 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 the captioned 

proceeding. 

III. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

No. CP2011–54 to consider matters 

raised by the Postal Service’s Notice. 

2. Comments by interested persons in 

this proceeding are due no later than 

January 10, 2011. 

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

Harrington is appointed to serve as the 

officer of the Commission (Public 

Representative) to represent the 

interests of the general public in this 

proceeding. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2010–33317 Filed 1–4–11; 8:45 am] 

BILLING CODE 7710–FW–P 

POSTAL SERVICE 

Board of Governors; Sunshine Act 

Meeting 

TIMES AND DATES: 4 p.m., Monday, 

January 10, 2011; and 9 a.m., Tuesday, 

January 11, 2011. 

PLACE: Long Beach, California, at the 

Renaissance Hotel, 111 East Ocean 

Boulevard. 

STATUS: (Closed). 

MATTERS TO BE CONSIDERED: 

Monday, January 10, at 4 p.m. (Closed) 

1. Financial Matters. 

2. Pricing. 

3. Strategic Issues. 

4. Personnel Matters and 

Compensation Issues. 

5. Governors’ Executive Session— 

Discussion of prior agenda items and 

Board Governance. 

Tuesday, January 11, at 9 a.m. (Closed) 

1. Continuation of Monday’s agenda. 

CONTACT PERSON FOR MORE INFORMATION: 

Julie S. Moore, Secretary of the Board, 

U.S. Postal Service, 475 L’Enfant Plaza, 

SW., Washington, DC 20260–1000. 

Telephone (202) 268–4800. 

Julie S. Moore, 

Secretary. 

[FR Doc. 2010–33358 Filed 1–3–11; 4:15 pm] 

BILLING CODE 7710–12–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Filings and 

Information Services, Washington, DC 

20549. 

Extension: 

Rule 301 and Forms ATS and ATS–R; SEC 

File No. 270–451; OMB Control No. 

3235–0509. 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) has submitted to the 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices 595 

Office of Management and Budget a 

request for extension of the previously 

approved collection of information 

discussed below. 

Regulation ATS provides a regulatory 

structure for alternative trading systems. 

Regulation ATS allows an alternative 

trading system to choose between 

registering as a broker-dealer and 

complying with Regulation ATS, or 

registering as a national securities 

exchange. Regulation ATS provides the 

regulatory framework for those 

alternative trading systems that choose 

to be regulated as broker-dealers. Rule 

301 of Regulation ATS contains certain 

notice and reporting requirements, as 

well as additional obligations that apply 

only to alternative trading systems with 

significant volume. Rule 301 describes 

the conditions with which an 

alternative trading system must comply 

to be registered as a broker-dealer. The 

Rule requires all alternative trading 

systems that wish to comply with 

Regulation ATS to file an initial 

operation report on Form ATS. The 

initial operation report requires 

information regarding operation of the 

system including the method of 

operation, access criteria and the types 

of securities traded. Alternative trading 

systems are also required to supply 

updates on Form ATS to the 

Commission, describing material 

changes to the system, and quarterly 

transaction reports on Form ATS–R. 

Alternative trading systems are also 

required to file cessation of operations 

reports on Form ATS. 

An alternative trading system with 

significant volume is required to comply 

with requirements for fair access and 

systems capacity, integrity and security. 

Under Rule 301, such alternative trading 

system is also required to establish 

standards for granting access to trading 

on its system. In addition, upon a 

decision to deny or limit an investor’s 

access to the system, an alternative 

trading system is required to provide 

notice to a user of the denial or 

limitation and its right to an appeal to 

the Commission. Regulation ATS 

requires alternative trading systems to 

preserve any records made in the 

process of complying with the systems’ 

capacity, integrity and security 

requirements. In addition, such 

alternative trading systems are required 

to notify Commission staff of material 

systems outages and significant systems 

changes. 

The Commission uses the information 

provided pursuant to the Rule to 

monitor the growth and development of 

alternative trading systems, and to 

monitor whether the systems promote 

fair and orderly securities markets and 

operate in a manner that is consistent 

with the federal securities laws. In 

particular, the information collected and 

reported to the Commission by 

alternative trading systems enables the 

Commission to evaluate the operation of 

alternative trading systems with regard 

to national market system goals, and 

monitor the competitive effects of these 

systems to ascertain whether the 

regulatory framework remains 

appropriate to the operation of such 

systems. Without the information 

provided on Forms ATS and ATS–R, the 

Commission would not have readily 

available information on a regular basis 

in a format that would allow it to 

determine whether such systems have 

adequate safeguards. 

Respondents consist of alternative 

trading systems that choose to register 

as broker-dealers and comply with the 

requirements of Regulation ATS. The 

Commission estimates that there are 

currently approximately 80 

respondents. 

An estimated 80 respondents will file 

an average total of 552 responses per 

year, which corresponds to an estimated 

aggregated annual response burden of 

1,792.5 hours (comprised of 1,356 hours 

professional labor and 436.5 hours paraprofessional labor). At an average cost 

per burden hour of approximately $316 

for professional labor and $59 for paraprofessional labor, with an additional 

35% of labor costs added to account for 

overhead costs such as printing, 

copying, and postage, the resultant total 

related cost of compliance for these 

respondents is $613,236.82 per year 

((1,356 professional burden hours 

multiplied by $316) plus (436.5 paraprofessional burden hours multiplied by 

$59) equals $454,249.50; plus 35% for 

overhead costs ($158,987.32) equals 

$613,236.82; figures may vary slightly 

due to arithmetic rounding). 

An estimated 5 respondents will 

commence operations as an ATS each 

year, necessitating the filing of an initial 

operation report on Form ATS. The 

Commission estimates that the average 

compliance burden for each respondent 

would be 20 hours, comprising 13 hours 

of in-house professional work and 7 

hours of clerical work. Thus, the total 

compliance burden per year is 100 

hours (5 responses × 20 hours = 100 

hours). The total cost of compliance for 

the annual burden is $22,605 ($316 × 13 

hours per response + $59 × 7 hours per 

response = $4,521 per response; $4,521 

× 5 responses = $22,605). In addition, 

estimated overhead costs for printing, 

copying, and postage equal to 35% of 

the value of labor costs amount to 

$1,582.35 per respondent ($4,521 times 

35%). Thus, the Commission estimates 

the total annualized cost burden would 

be $7,911.75 ($1,582.35 × 5 

respondents). 

An estimated 80 respondents will file 

an estimated two periodic amendments 

to their initial operation report on Form 

ATS each year, an estimated total of 160 

responses. The Commission estimates 

that the average compliance burden for 

each response would be 2 hours, 

comprising 1.5 hours of in-house 

professional work and 0.5 hours of 

clerical work. Thus, the total 

compliance burden per year is 320 

hours (160 responses × 2 hours = 320 

hours). The total cost of compliance for 

the annual burden is $1,007 ($316 × 1.5 

hours per response + $59 × 0.5 hours per 

response = $503.50 per response; 

$503.50 × 160 responses = $80,560). In 

addition, estimated overhead costs for 

printing, copying, and postage equal to 

35% of the value of labor costs amount 

to $176.23 per response ($503.50 times 

35%). Thus, the Commission estimates 

the annualized cost burden for each 

respondent would be $352.46 ($176.23 

× 2 responses per respondent) and the 

total annualized cost burden for all 

respondents would be $28,196.80 

($176.23 × 80 respondents × 2 responses 

per respondent). 

An estimated 80 respondents will file 

four quarterly reports on Form ATS–R 

each year for an estimated total of 320 

responses. The Commission estimates 

that that the average compliance burden 

for each response would be 4 hours, 

comprising 3 hours of in-house 

professional work and 1 hour of clerical 

work. Thus, the total compliance 

burden per year is 1,280 hours (320 

responses × 4 hours = 1,280 hours). The 

total cost of compliance for the annual 

burden is $322,240 ($316 × 3 hours per 

response + $59 × 1 hours per response 

= $1,007 per response; $1,007 × 320 

responses = $322,240). In addition, 

estimated overhead costs for printing, 

copying, and postage equal to 35% of 

the value of labor costs amount to 

$352.45 per response ($1,007 times 

35%). Thus, the Commission estimates 

the annualized cost burden for each 

respondent would be $1,409.80 ($352.45 

× 4 responses per respondent) and the 

total annualized cost burden for all 

respondents would be $112,784 

($352.45 × 80 respondents × 4 responses 

per respondent). 

An estimated three respondents will 

be required to file a cessation of 

operations report on Form ATS each 

year. The Commission estimates that the 

average compliance burden for each 

response would be 2 hours, comprising 

1.5 hours of in-house professional work 

and 0.5 hours of clerical work. Thus, the 

total compliance burden per year is 6 


jlentini on DSKJ8SOYB1PROD with NOTICES
596 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices 

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

2 15 U.S.C. 78s(b)(3)(A)(ii). 

3 17 CFR 240.19b–4(f)(2). 

hours (3 responses × 2 hours = 6 hours). 

The total cost of compliance for the 

annual burden is $1,510.50 ($316 × 1.5 

hours per response + $59 × 0.5 hours per 

response = $503.50 per response; 

$503.50 × 3 responses = $1,510.50). In 

addition, estimated overhead costs for 

printing, copying, and postage equal to 

35% of the value of labor costs amount 

to $176.23 per respondent ($503.5 times 

35%). Thus, the Commission estimates 

the total annualized cost burden would 

be $528.69 ($176.23 × 3 respondents). 

An estimated two respondents will 

meet certain volume thresholds 

requiring them to establish standards for 

granting access on its trading system. 

The Commission estimates that the 

average compliance burden for each 

response would be 5 hours of in-house 

professional work at $316 per hour. 

Thus, the total compliance burden per 

year is 10 hours (2 responses × 5 hours 

= 10 hours). The total cost of 

compliance for the annual burden is 

$3,160 ($316 × 5 hours per response × 

2 responses = $3,160). In addition, 

estimated overhead costs for printing, 

copying, and postage equal to 35% of 

the value of labor costs amount to $553 

per response ($1,580 times 35%). Thus, 

the Commission estimates the total 

annualized cost burden would be $1,106 

($553 × 2 respondents). 

An estimated two respondents will 

meet certain volume thresholds 

requiring them to provide notice to any 

user upon any decision to deny or limit 

that user’s access to the system, and 

these notice obligations will be triggered 

an estimated 27 times per year for each 

respondent. The Commission estimates 

that the average compliance burden for 

each response would be 1 hour of inhouse professional work at $316 per 

hour. Thus, the total compliance burden 

per year is 54 hours (2 respondents × 27 

responses each × 1 hour = 54 hours). 

The total cost of compliance for the 

annual burden is $17,064 ($316 × 1 hour 

per response × 54 responses = $17,064). 

In addition, estimated overhead costs 

for printing, copying, and postage equal 

to 35% of the value of labor costs 

amount to $110.60 per response ($316 

times 35%). Thus, the Commission 

estimates the annualized cost burden for 

each respondent would be $2,986.20 

($110.60 × 27 responses per respondent) 

and the total annualized cost burden for 

all respondents would be $5,972.40 

($110.60 × 2 respondents × 27 responses 

per respondent). 

An estimated two respondents will 

meet certain volume thresholds 

requiring them to keep records relating 

to any steps taken to comply with 

systems capacity, integrity, and security 

requirements under Rule 301. The 

Commission estimates that the average 

compliance burden for each response 

would be 10 hours of in-house 

professional work at $316 per hour. 

Thus, the total compliance burden per 

year is 20 hours (2 respondents × 10 

hours = 20 hours). The total cost of 

compliance for the annual burden is 

$6,320 ($316 × 20 hours = $6,320). In 

addition, estimated overhead costs for 

printing, copying, and postage equal to 

35% of the value of labor costs amount 

to $1,106 per response ($3,160 times 

35%). Thus, the Commission estimates 

the total annualized cost burden would 

be $2,212 ($1,106 × 2 respondents). 

An estimated two respondents will 

meet certain volume thresholds 

requiring them to provide a notice to the 

Commission to report any systems 

outages, and these notice obligations 

will be triggered an estimated 5 times 

per year for each respondent. The 

Commission estimates that the average 

compliance burden for each response 

would be .25 hours of in-house 

professional work at $316 per hour. 

Thus, the total compliance burden per 

year is 2.5 hours (2 respondents × 5 

responses each × .25 hours = 2.5 hours). 

The total cost of compliance for the 

annual burden is $790 ($316 × .25 hours 

per response × 10 responses = $790). In 

addition, estimated overhead costs for 

printing, copying, and postage equal to 

35% of the value of labor costs amount 

to $27.65 per response ($79 times 35%). 

Thus, the Commission estimates the 

annualized cost burden for each 

respondent would be $138.25 ($27.65 × 

5 responses per respondent) and the 

total annualized cost burden for all 

respondents would be $276.50 ($27.65 × 

2 respondents × 5 responses per 

respondent). 

Compliance with Rule 301 is 

mandatory. The information required by 

the Rule 301 is available only to the 

examination of the Commission staff, 

state securities authorities and the 

SROs. Subject to the provisions of the 

Freedom of Information Act, 5 U.S.C. 

522 (‘‘FOIA’’), and the Commission’s 

rules thereunder (17 CFR 

200.80(b)(4)(iii)), the Commission does 

not generally publish or make available 

information contained in any reports, 

summaries, analyses, letters, or 

memoranda arising out of, in 

anticipation of, or in connection with an 

examination or inspection of the books 

and records of any person or any other 

investigation. 

Regulation ATS requires alternative 

trading systems to preserve any records, 

for at least three years, made in the 

process of complying with the systems 

capacity, integrity and security 

requirements. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid control number. 

The public may view the background 

documentation for this information 

collection at the following Web site, 

http://www.reginfo.gov. Comments 

should be directed to: (i) Desk Officer 

for the Securities and Exchange 

Commission, Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, Room 10102, 

New Executive Office Building, 

Washington, DC 20503, or by sending an 

e-mail to: 

Shagufta_Ahmed@omb.eop.gov; and (ii) 

Thomas Bayer, Chief Information 

Officer, Securities and Exchange 

Commission, c/o Remi Pavlik-Simon, 

6432 General Green Way, Alexandria, 

VA 22312 or send an e-mail to: 

PRA_Mailbox@sec.gov. Comments must 

be submitted to OMB within 30 days of 

this notice. 

Dated: December 30, 2010. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–33271 Filed 1–4–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63612; File No. SR–FICC– 

2010–10] 

Self-Regulatory Organizations; Fixed 

Income Clearing Corporation; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to 

Modifications to the Fee Schedule 

December 29, 2010. 

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

Securities Exchange Act of 1934 

(‘‘Act’’),1 notice is hereby given that on 

December 21, 2010, the Fixed Income 

Clearing Corporation (‘‘FICC’’) filed with 

the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I and II, which Items have been 

prepared primarily by FICC. FICC filed 

the proposed rule change pursuant to 

Section 19(b)(3)(A)(ii) of the Act 2 and 

Rule 19b–4(f)(2) 3 thereunder so that the 

proposal was effective upon filing with 

the Commission. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 


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