41948 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 

Service’s ability to efficiently and 

effectively administer the program and 

customer feedback, also will be 

monitored. Id. at 5–6. 

Conformance with public notice and 

other requirements. In conformance 

with rule 3010.14(a), the Postal Service 

certifies that it will inform customers of 

the planned price adjustments in 

numerous ways. Id. at 1. In addition to 

the formal Notice filed with the 

Commission, these include notice via 

USPS.com, the Postal Explorer website, 

the DMM Advisory, the P&C Weekly, a 

press release, PCC Insider, MailPro, the 

Postal Bulletin, and the Federal Register. 

Id. at 1–2. The Postal Service identifies 

Greg Dawson as the official contact for 

Commission queries. Id. at 2. 

Impact on the price cap. The Postal 

Service proposes to treat the Program, 

for purposes of price cap compliance, in 

a manner it characterizes as 

‘‘mathematically analogous to the 

procedure described in Rule 3010.24.’’ 

Id. at 8. It explains that this means it 

intends to ignore the effect of the price 

decrease resulting from the program on 

the price cap for both future and current 

prices, and therefore has made no 

calculation of cap or price changes 

described in rule 3010.14(b)(1) through 

(4). Id. 

Statutory objectives and factors. The 

Notice further provides, in compliance 

with rules 3010.14(b)(5) through 

3010.14(b)(8), the Postal Service’s 

assessment of how the planned Program 

helps achieve the objectives of 39 U.S.C. 

3622(b) and properly takes into account 

the factors of 39 U.S.C. 3622(c). See 

generally id. at 8–13. With respect to 

statutory objectives, this includes the 

Postal Service’s conclusion that to a 

large extent, the establishment of the 

Program either does not substantially 

alter the degree to which the First-Class 

Mail prices already address the statutory 

objectives, or its belief that those 

objectives are addressed by the design of 

the system itself. Id. at 10. The Postal 

Service also observes that establishment 

of this Program, which is designed to 

encourage First-Class Mail presort 

letters, flats and cards volume growth 

during a recession, is an example of the 

increased flexibility provided to the 

Postal Service under the Postal 

Accountability and Enhancement Act 

(PAEA) of 2006. Id. It further states that 

the fact that the program will provide an 

incentive for profitable new mail and 

provide a boost to a key customer 

segment will enhance the financial 

position of the Postal Service. 

In terms of statutory factors, the Postal 

Service asserts that, as with the 

objectives, the establishment of the 

Program does not substantially alter the 

degree to which First-Class Mail prices 

address many of them. Id. at 12. It adds 

that the Program is ‘‘a prime example of 

how the Postal Service can utilize the 

pricing flexibility provided under the 

PAEA in order to encourage increased 

mail volume.’’ Id. It maintains that the 

Program will help to counteract the 

effect of the current recession on 

business mailers, and provide a boost to 

a key customer segment. It also says that 

although the rebates are material, the 

Program will not affect the ability of 

First-Class Mail to cover its attributable 

costs, and that as a result of the 

Program, First-Class Mail as a whole 

will make an increased contribution 

toward overhead costs. Id. at 12–13. 

Workshare discounts. The Postal 

Service states that to the extent the 

Program affects discounts between 

presort categories, it will shrink them, 

but asserts that the Program itself is not 

worksharing, nor should its effects be 

considered a modification of, or change 

to, First-Class Mail worksharing 

discounts. Id. at 13. It asserts that the 

Program is a temporary incentive 

intended to drive additional First-Class 

Mail presort volume and, as such, is not 

tied to any specific mail preparation or 

induction practice. Id. It suggests that 

the discounts, in this sense, are similar 

to the incremental discounts the 

Commission has approved in a number 

of negotiated service agreements or the 

IMb discount that will take effect in the 

fall. Id. 

Preferred rates. The Postal Service 

asserts that the Program will have no 

impact on any preferred rates. 

III. Commission Action 

Establishment of docket; comments. 

Pursuant to its rules implementing the 

PAEA, the Commission establishes 

Docket No. R2009–5 to consider all 

matters related to the Notice. 39 CFR 

3010.13(a). It also issues the instant 

Order to provide notice of the Postal 

Service’s filing. Therein, consistent with 

provision of a 20-day comment period, 

starting from the date the Postal Service 

filed its Notice, the Commission directs 

that comments are due no later than 

August 31, 2009. 39 CFR 3010.13(a)(5). 

Interested persons may express views 

and offer comments on whether the 

planned price adjustment is consistent 

with the policies of 39 U.S.C. 3622 and 

with applicable requirements of 39 CFR 

part 3010. 

Public representative. Commission 

rule 3010.13(a)(4), which implements 39 

U.S.C. 505, requires the Commission to 

identify, in its notice addressing the 

Postal Service’s filing, an officer of the 

Commission to represent the interests of 

the general public in this docket. In 

satisfaction of this requirement, the 

Commission appoints Richard A. Oliver. 

Other matters. Pursuant to rule 

3010.13(c), the Commission will issue 

its determination in this proceeding by 

September 14, 2009. 

IV. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

No. R2009–5 to consider matters raised 

in the Postal Service’s August 11, 2009 

filing. 

2. Interested persons may submit 

comments on the planned price 

adjustments. Comments are due August 

31, 2009. 

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

Commission appoints Richard A. Oliver 

to represent the interests of the general 

public in this proceeding. 

4. The Commission directs the 

Secretary of the Commission to arrange 

for prompt publication of this document 

in the Federal Register. 

By the Commission. 

Ann C. Fisher, 

Acting Secretary. 

[FR Doc. E9–19854 Filed 8–18–09; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Extension of Existing 

Collection; Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: Rule 17f–2(a), OMB Control No. 

3235–0034, SEC File No. 270–34. 

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’’) is soliciting comments 

on the collection of information 

provided for in Rule 17f–2(a) (17 CFR 

240.17f–2(a) under the Securities 

Exchange Act of 1934 (15 U.S.C. 78a et 

seq.) (‘‘Exchange Act’’). The 

Commission plans to submit this 

existing collection of information to the 

Office of Management and Budget for 

extension and approval. 

Rule 17f–2(a) requires that securities 

professionals be fingerprinted. This 

requirement serves to identify security 

risk personnel, to allow an employer to 

make fully informed employment 

decisions, and to deter possible 

wrongdoers from seeking employment 

in the securities industry. Partners, 

directors, officers, and employees of 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 41949 

exchanges, brokers, dealers, transfer 

agents, and clearing agencies are 

included. 

It is estimated that 10,000 

respondents will submit fingerprint 

cards. It is also estimated that each 

respondent will submit 55 fingerprint 

cards. The staff of the Commission 

estimates that the average number of 

hours necessary to comply with the 

Rule 17f–2(a) is one-half hour. The total 

burden is 275,000 hours for 

respondents. The average cost per hour 

is approximately $50. Therefore, the 

total cost of compliance for respondents 

is $13,750,000. 

Written comments are invited on: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

estimates of the burden of the proposed 

collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information to be 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. 

Comments should be directed to 

Charles Boucher, Director/Chief 

Information Officer, 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: August 10, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–19891 Filed 8–18–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: U.S. Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: Rule 17a–11, OMB Control No. 

3235–0085, SEC File No. 270–94. 

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 

Office of Management and Budget a 

request for approval of extension of the 

existing collection of information 

provided for in the following rule: Rule 

17a–11 (17 CFR 240.17a–11) under the 

Securities Exchange Act of 1934 (15 

U.S.C. 78a et seq.) (‘‘Exchange Act’’). 

In response to an operational crisis in 

the securities industry between 1967 

and 1970, the Commission adopted Rule 

17a–11 under the Exchange Act on July 

11, 1971. Rule 17a–11 requires brokerdealers that are experiencing financial 

or operational difficulties to provide 

notice to the Commission, the brokerdealer’s designated examining authority 

(‘‘DEA’’), and the Commodity Futures 

Trading Commission (‘‘CFTC’’) if the 

broker-dealer is registered with the 

CFTC as a futures commission 

merchant. Rule 17a–11 is an integral 

part of the Commission’s financial 

responsibility program which enables 

the Commission, a broker-dealer’s DEA, 

and the CFTC to increase surveillance of 

a broker-dealer experiencing difficulties 

and to obtain any additional 

information necessary to gauge the 

broker-dealer’s financial or operational 

condition. 

Rule 17a–11 also requires over-thecounter (‘‘OTC’’) derivatives dealers and 

broker-dealers that are permitted to 

compute net capital pursuant to 

Appendix E to Exchange Act Rule 15c3– 

1 to notify the Commission when their 

tentative net capital drops below certain 

levels. OTC derivatives dealers must 

also provide notice to the Commission 

of backtesting exceptions identified 

pursuant to Appendix F of Rule 15c3– 

1 (17 CFR 240.15c3–1f). 

Compliance with the Rule is 

mandatory. The Commission will 

generally not publish or make available 

to any person notice or reports received 

pursuant to Rule 17a–11. The 

Commission believes that information 

obtained under Rule 17a–11 relates to a 

condition report prepared for the use of 

the Commission, other federal 

governmental authorities, and securities 

industry self-regulatory organizations 

responsible for the regulation or 

supervision of financial institutions. 

Only broker-dealers whose capital 

declines below certain specified levels 

or who are otherwise experiencing 

financial or operational problems have a 

reporting burden under Rule 17a–11. In 

2008, the Commission received 400 

notices under this Rule. The 

Commission did not receive any Rule 

17a–11 notices from OTC derivatives 

dealers or broker-dealers that are 

permitted to compute net capital 

pursuant to Appendix E to Exchange 

Act Rule 15c3–1. 

Each broker-dealer reporting pursuant 

to Rule 17a–11 will spend 

approximately one hour preparing and 

transmitting the notice required by the 

Rule. Accordingly, the total estimated 

annualized burden under Rule 17a–11 is 

400 hours. 

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. 

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) 

Charles Boucher, Director/Chief 

Information Officer, 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. Comments 

must be submitted within 30 days of 

this notice. 

Dated: August 10, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–19896 Filed 8–18–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of Tasty Fries, Inc.; Order 

of Suspension of Trading 

August 17, 2009. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Tasty Fries, 

Inc. (‘‘Tasty Fries’’) because it has not 

filed any periodic reports since the 

period ended October 31, 2004. 

The Commission is of the opinion that 

the public interest and the protection of 

investors require a suspension in the 

securities of the above listed company. 

Therefore, it is ordered, pursuant to 

Section 12(k) of the Securities Exchange 

Act of 1934, that trading in the above 

listed company is suspended from 9:30 

a.m. EDT, on August 17, 2009 through 

11:59 p.m. EDT on August 28, 2009. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–19981 Filed 8–17–09; 4:15 pm] 

BILLING CODE 8010–01–P 


jlentini on DSKJ8SOYB1PROD with NOTICES