42338 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices 

1Notice of United States Postal Service Filing of 

Functionally Equivalent Global Expedited Package 

Services 1 Negotiated Service Agreement and 

Application for Non-Public Treatment of Materials 

Filed Under Seal, August 13, 2009 (Notice). 

2See Docket No. CP2008–4, Notice of United 

States Postal Service of Governors’ Decision 

Establishing Prices and Classifications for Global 

Expedited Package Services Contracts, May 20, 

2008. 

3See Docket No. CP2008–5, Order Concerning 

Global Expedited Package Services Contracts, June 

27, 2008, at 7 (Order No. 86). 

4See Docket No. CP2009–50, Order Concerning 

Filing of Additional Global Expedited Package 

Services 1 Negotiated Service Agreement, July 29, 

2009 (Order No. 262). 

identity and access to records (5 CFR 

part 297). 

CONTESTING RECORD PROCEDURE: 

Individuals wishing to request 

amendment of records about them 

should write to Kathryn Roberson, 

Manager, SFS, 8610 Broadway, Rm 305, 

San Antonio, TX 78217 and furnish the 

following information for their records 

to be located: 

1. Full name. 

2. Date and place of birth. 

3. Social Security Number. 

4. Signature. 

5. Precise identification of the 

information to be amended. 

Individuals requesting amendment 

must also follow OPM’s Privacy Act 

regulations regarding verification of 

identity and amendment to records (5 

CFR part 297). 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

is obtained from: 

1. The individual to whom the 

information applies. 

SYSTEM EXEMPTIONS: 

None. 

[FR Doc. E9–20092 Filed 8–20–09; 8:45 am] 

BILLING CODE 6325–38–P 

POSTAL REGULATORY COMMISSION 

[Docket No. CP2009–60; Order No. 280] 

Global Expedited Package Services 

Contract 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently-filed Postal Service request to 

add a Global Expedited Package 

Services 1 (GEPS 1) contract to the 

Competitive Product List. This notice 

addresses procedural steps associated 

with this filing. 

DATES: Comments are due August 25, 

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 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

II. Notice of Filing 

III. Ordering Paragraphs 

I. Introduction 

On August 13, 2009, the Postal 

Service filed a notice announcing that it 

has entered into an additional Global 

Expedited Package Services 1 (GEPS 1) 

contract.1 GEPS 1 provides volumebased incentives for mailers that send 

large volumes of Express Mail 

International (EMI) and/or Priority Mail 

International (PMI). The Postal Service 

believes the instant contract is 

functionally equivalent to previously 

submitted GEPS 1 contracts and is 

supported by the Governors’ Decision 

filed in Docket No. CP2008–4.2 Notice at 

1. It further notes that in Order No. 86, 

which established GEPS 1 as a product, 

the Commission held that additional 

contracts may be included as part of the 

GEPS 1 product if they meet the 

requirements of 39 U.S.C. 3633, and if 

they are functionally equivalent to 

previously submitted GEPS 1 contracts.3

Notice at 1–2. 

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 term of the instant contract is 

1 year from the date the Postal Service 

notifies the customer that all necessary 

regulatory approvals have been 

received. 

In support of its Notice, the Postal 

Service filed four attachments as 

follows: 

1. Attachment 1—An application for 

non-public treatment of materials to 

maintain the contract and supporting 

documents under seal; 

2. Attachment 2—A redacted copy of 

Governors’ Decision No. 08–7 which 

establishes prices and classifications for 

GEPS contracts; 

3. Attachment 3—A redacted copy of 

the contract; and 

4. Attachment 4—A certified 

statement required by 39 CFR 

3015.5(c)(2). 

Functional equivalency. The Postal 

Service asserts that the instant contract 

is functionally equivalent to prior GEPS 

1 contracts. It contends that the instant 

contract satisfies the pricing formula 

and classification system established in 

Governors’ Decision No. 08–7 and, 

except for tender locations, is the same 

as the contract in Docket No. CP2009– 

50.4 Id. at 3. The Postal Service 

incorporates by reference the arguments 

made for functional equivalence in 

Docket No. CP2009–50 with previous 

GEPS 1 contracts. Id. It contends that 

the instant contract and all GEPS 1 

contracts have similar cost and market 

characteristics. Id. The Postal Service 

also requests that the contract in Docket 

No. CP2009–50 be considered the 

baseline for determining functional 

equivalence with GEPS 1 contracts. Id. 

at 4. 

The Postal Service concludes that this 

contract is in compliance with 39 U.S.C. 

3633, and requests that this contract be 

included within the GEPS 1 product. Id. 

The Postal Service states that the copy 

of the instant contract provided with 

this filing has not been signed by the 

mailer but the mailer has confirmed that 

it will sign the contract which will not 

be altered from the form presented to 

the Commission. The Postal Service has 

submitted the contract in this manner in 

the interest of having it reviewed by the 

Commission at this time and has 

committed to file the signed version of 

the contract upon final execution. 

II. Notice of Filing 

The Commission establishes Docket 

No. CP2009–60 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 August 

25, 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 the captioned filing. 

III. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

No. CP2009–60 for consideration of the 

issues raised in this docket. 

2. Comments by interested persons in 

these proceedings are due no later than 

August 25, 2009. 

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

Harrington is appointed to serve as 

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. 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Notices 42339 

1All existing entities that intend to rely on the 

requested order have been named as applicants. 

Any other existing or future entity that 

subsequently relies on the order will comply with 

the terms and conditions of the application. Any 

Future Fund will be advised by the Adviser or an 

entity controlled by or under common control with 

the Adviser. 

2Applicants represent that each Fund will invest 

at least 80% of its total assets in the component 

securities that comprise its Underlying Index 

(‘‘Component Securities’’) or, in the case of Foreign 

Funds, Component Securities and depositary 

receipts representing such securities. ‘‘Depositary 

Receipts’’ will typically be American Depositary 

Receipts, as well as Global Depositary Receipts and 

Euro Depositary Receipts. Each Fund also may 

invest up to 20% of its assets in certain futures, 

options and swap contracts, cash and cash 

Continued 

By the Commission. 

Judith M. Grady, 

Acting Secretary. 

[FR Doc. E9–20143 Filed 8–20–09; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

28847; File No. 812–13614] 

Old Mutual Global Shares Trust, et al.; 

Notice of Application 

August 13, 2009. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of an application for an 

order under section 6(c) of the 

Investment Company Act of 1940 (the 

‘‘Act’’) for an exemption from sections 

2(a)(32), 5(a)(1), 22(d), and 22(e) of the 

Act and rule 22c-1 under the Act, under 

section 12(d)(1)(J) of the Act for an 

exemption from sections 12(d)(1)(A) and 

(B) of the Act, and under sections 6(c) 

and 17(b) of the Act for an exemption 

from sections 17(a)(1) and (a)(2) of the 

Act. 

SUMMARY: Summary of Application: 

Applicants request an order that would 

permit (a) certain open-end management 

investment companies and their series 

to issue shares (‘‘Shares’’) that can be 

redeemed only in large aggregations 

(‘‘Creation Units’’); (b) secondary market 

transactions in Shares to occur at 

negotiated prices; (c) certain series to 

pay redemption proceeds, under certain 

circumstances, more than seven days 

after the tender of Shares for 

redemption; (d) certain affiliated 

persons of the series to deposit 

securities into, and receive securities 

from, the series in connection with the 

purchase and redemption of Creation 

Units; and (e) certain registered 

management investment companies and 

unit investment trusts outside of the 

same group of investment companies as 

the series to acquire Shares. 

Applicants: Old Mutual Global Shares 

Trust (‘‘Trust’’), Old Mutual Global 

Index Trackers (Pty) Ltd. (‘‘Adviser’’), 

and Foreside Fund Services, LLC 

(‘‘Distributor’’). 

DATES: Filing Dates: The application was 

filed on December 16, 2008, and 

amendments were filed on May 7, 2009, 

and August 12, 2009. 

Hearing or Notification of Hearing: An 

order granting the application will be 

issued unless the Commission orders a 

hearing. Interested persons may request 

a hearing by writing to the 

Commission’s Secretary and serving 

applicants with a copy of the request, 

personally or by mail. Hearing requests 

should be received by the Commission 

by 5:30 p.m. on September 8, 2009 and 

should be accompanied by proof of 

service on applicants, in the form of an 

affidavit, or for lawyers, a certificate of 

service. Hearing requests should state 

the nature of the writer’s interest, the 

reason for the request, and the issues 

contested. Persons who wish to be 

notified of a hearing may request 

notification by writing to the 

Commission’s Secretary. 

ADDRESSES: Secretary, Securities and 

Exchange Commission, 100 F Street, 

NE., Washington, DC 20549–1090; 

Applicants: Old Mutual Global Shares 

Trust and Old Mutual Global Index 

Trackers (Pty) Ltd., c/o Betserai Tendai 

Musikavanhu, 144 Katherine Street, 

Grayson Ridge Office Park, Block A First 

Floor, Sandton 2196, South Africa, and 

Foreside Fund Services, LLC, Two 

Portland Square, First Floor, Portland, 

ME 04101. 

FOR FURTHER INFORMATION CONTACT: 

Courtney S. Thornton, Senior Counsel at 

(202) 551–6812, or Mary Kay Frech, 

Branch Chief, at (202) 551–6821 

(Division of Investment Management, 

Office of Investment Company 

Regulation). 

SUPPLEMENTARY INFORMATION: The 

following is a summary of the 

application. The complete application 

may be obtained via the Commission’s 

Web site by searching for the file 

number, or for an applicant using the 

Company name box, at http:// 

www.sec.gov/search/search.htm, or by 

calling (202) 551–8090. 

Applicants’ Representations 

1. The Trust is organized as a 

Delaware statutory trust and is 

registered under the Act as an open-end 

management investment company with 

multiple series, each of which will offer 

separate investment portfolios 

comprised primarily of equity 

securities. The Trust initially will offer 

five series (‘‘Initial Funds’’). Applicants 

may establish additional series in the 

future (‘‘Future Funds,’’ together with 

the Initial Funds, the ‘‘Funds’’).1

2. The Adviser is a South African 

private limited company that is 

registered as an investment adviser 

under the Investment Advisers Act of 

1940 (the ‘‘Advisers Act’’) and will 

serve as the investment adviser to the 

Initial Funds. In the future, the Adviser 

may enter into sub-advisory agreements 

with other investment advisers to act as 

sub-advisers to particular Funds (‘‘SubAdvisers’’). Each Sub-Adviser will be 

registered under the Advisers Act. The 

Distributor is a broker-dealer registered 

under the Securities Exchange Act of 

1934 (the ‘‘Exchange Act’’) and will act 

as the principal underwriter and 

distributor for the Creation Units of 

Shares. 

3. Each Fund will hold certain equity 

securities (‘‘Portfolio Securities’’) and 

financial instruments selected to 

correspond, before fees and expenses, 

generally to the performance of a 

specified equity securities index 

(‘‘Underlying Index,’’ collectively 

‘‘Underlying Indices’’). Certain of the 

Underlying Indices may be composed of 

equity securities of domestic issuers and 

non-domestic issuers meeting the 

requirements for trading in U.S. markets 

(‘‘Domestic Indices’’). Other Underlying 

Indices may be composed of foreign 

equity securities (‘‘Foreign Indices’’). 

The Initial Funds will track Foreign 

Indices; Future Funds may track 

Domestic or Foreign Indices. Funds that 

track Domestic Indices are referred to as 

‘‘Domestic Funds’’ and Funds that track 

Foreign Indices are referred to as 

‘‘Foreign Funds.’’ No entity that creates, 

compiles, sponsors or maintains an 

Underlying Index (‘‘Index Provider’’) is 

or will be an affiliated person, as 

defined in section 2(a)(3) of the Act, or 

an affiliated person of an affiliated 

person, of the Trust or a Fund, the 

Adviser, any Sub-Adviser to or 

promoter of a Fund, or the Distributor. 

The Index Provider to the Initial Funds 

is FTSE Group. 

4. The investment objective of each 

Fund will be to provide investment 

results that correspond, before fees and 

expenses, generally to the performance 

of its Underlying Index. Intra-day values 

of the Underlying Index will be 

disseminated every 15 seconds 

throughout the trading day. A Fund will 

utilize either a replication or 

representative sampling strategy, which 

will be disclosed with regard to each 

Fund in its prospectus.2 A Fund using 


srobinson on DSKHWCL6B1PROD with NOTICES