48614 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 

3The Postal Service states it expects that all 

members of the EMS Cooperative will participate in 

the Pay-for-Performance Plan. Therefore, the former 

three-tier rate structure is now consolidated into 

two tiers. 

4Notice and Order Concerning Filing of Changes 

in Rates for Inbound International Expedited 

Services 2, August 4, 2009 (Order No. 271). 

5Response of the United States Postal Service to 

Order No. 271, Notice of Filing Requested Materials 

Filed Under Seal, August 10, 2009. 

6Public Representative Comments in Response to 

United States Postal Service Notice of Filing 

Changes for Inbound International Expedited 

Services 2, August 13, 2009 (Public Representative 

Comments). The Public Representative filed an 

accompanying Motion of the Public Representative 

for Late Acceptance of Comments in Response to 

United States Postal Service Notice of Filing 

Changes for Inbound International Expedited 

Services 2, August 13, 2009. The motion is granted. 

2010 are divided into two tiers.3 Tier 

one applies to postal operators with a 

performance level agreement, such as 

EMS Pay-for-Performance Plan 

participants and Kahala Posts Group 

members. Tier two applies to all other 

postal operators that transmit EMS to 

the United States. Notice at 2–3. The 

Postal Service provided a listing of 

countries in each tier, noting that this 

list may be subject to change on January 

1, 2010. Id. at 3 and Attachment 3. 

The Postal Service states that the 

China Post Group, whose inbound EMS 

rates were established by a bilateral 

agreement approved by the Commission 

in Docket Nos. CP2008–6 and CP2008– 

7, is expected to join Tier 1. Id. at 3. The 

parties have agreed that the bilateral 

agreement will expire at the end of the 

1-year term. Id. 

The Postal Service maintains that the 

rates, related financial information, and 

certain portions of the certified 

statement required by 39 CFR 

3015.5(c)(2), should remain under seal. 

Id. at 4. 

In Order No. 271, the Commission 

gave notice of the docket, appointed a 

Public Representative, requested 

supplemental information pursuant to 

39 CFR 3015.6, and provided the public 

an opportunity to comment.4

The Postal Service submitted 

responses to the Commission’s request 

for supplemental information on August 

10, 2009.5 In Order No. 271, among 

other things, the Commission requested 

the Postal Service to provide 

supplemental information including the 

2010 EMS Pay-for-Performance Plan. 

The Postal Service response indicated 

this information was not yet available. 

On August 12, 2009, Chairman’s 

Information Request No. 1 (CHIR No. 1) 

was issued requesting the 2009 EMS 

Pay-for-Performance Plan by August 14, 

2009. On August 13, 2009, the Postal 

Service provided its response to CHIR 

No. 1 under seal. 

III. Comments 

Comments were filed by the Public 

Representative.6 No other interested 

parties submitted comments. The Public 

Representative states that each element 

of 39 U.S.C. 3633(a) appears to be met 

by the proposed Inbound International 

Expedited Services 2 rate proposal. Id. 

at 2. He further states that the Postal 

Service has provided adequate 

justification for maintaining 

confidentiality in this case. Id. at 2–3. 

The Public Representative observes that 

the rates have been filed in a timely 

manner for the Commission’s review 

and to permit notification to the UPU 

prior to the effective date. Additionally, 

he notes that the instant notice provides 

a current projection based upon the 

most recent information available and 

that the participation of the other postal 

administrations in the pricing structure 

may be subject to change. Id. at 4–5. The 

Public Representative concludes that 

the Notice comports with 39 CFR 3015, 

39 U.S.C. 3632 and 3642. 

IV. Commission Analysis 

The Commission has reviewed the 

Notice, the supplemental information, 

and the comments filed by the Public 

Representative. 

Statutory requirements. Planned price 

changes for competitive products are 

reviewed pursuant to 39 U.S.C. 3633(a) 

and Commission regulations under 39 

CFR 3015, which implements section 

3633. In brief, these statutory and 

regulatory provisions require each 

competitive product to cover its 

attributable costs (39 U.S.C. 3633(a)(2)), 

prohibit the subsidization of 

competitive products by market 

dominant products (39 U.S.C. 

3633(a)(1)), and require that competitive 

products collectively make an 

appropriate contribution to the recovery 

of the Postal Service’s total institutional 

costs. 

Based on the information provided, 

the Commission finds that the proposed 

rates cover attributable costs, should not 

lead to the subsidization of competitive 

products by market dominant products 

(39 U.S.C. 3633(a)(1)), and should have 

a positive effect on competitive 

products’ contribution to institutional 

costs (39 U.S.C.3633(a)(3). Thus, a 

preliminary review of the proposed 

rates indicate that the rates comport 

with the provisions applicable to rates 

for competitive products. 

Other considerations. The Postal 

Service is directed to provide the 

Commission with the 2010 EMS Pay-forPerformance Plan once it is approved by 

the EMS Cooperative of the UPU. 

Based on the record in this 

proceeding, the Commission finds that 

the proposed rates for Inbound 

International Expedited Services 2 are 

in accord with the relevant statutory 

and regulatory requirements of 39 

U.S.C. 3633(a) and 39 CFR 3015.7. 

V. Ordering Paragraphs 

It is ordered: 

1. The proposed rates for Inbound 

International Expedited Services 2 will 

take effect January 1, 2010 are in 

accordance with the relevant statutory 

and regulatory requirements of 39 

U.S.C. 3633(a) and 39 CFR 3015.7. 

2. The Postal Service is directed to 

provide the Commission the 2010 EMS 

Pay-for-Performance Plan as discussed 

in this order within 30 days after 

adoption by the EMS Cooperative of the 

Universal Postal Union. 

3. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

Issued: August 19, 2009. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. E9–22862 Filed 9–22–09; 8:45 am] 

BILLING CODE 7710–FW–P 

SMALL BUSINESS ADMINISTRATION 

Reporting and Recordkeeping 

Requirements Under OMB Review 

AGENCY: Small Business Administration. 

ACTION: Notice of reporting requirements 

submitted for OMB review. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35), agencies are required to 

submit proposed reporting and 

recordkeeping requirements to OMB for 

review and approval, and to publish a 

notice in the Federal Register notifying 

the public that the agency has made 

such a submission. 

DATES: Submit comments on or before 

October 23, 2009. If you intend to 

comment but cannot prepare comments 

promptly, please advise the OMB 

Reviewer and the Agency Clearance 

Officer before the deadline. 

Copies: Request for clearance (OMB 

83–1), supporting statement, and other 

documents submitted to OMB for 

review may be obtained from the 

Agency Clearance Officer. 

ADDRESSES: Address all comments 

concerning this notice to: Agency 

Clearance Officer, Jacqueline White, 

Small Business Administration, 409 3rd 

Street, SW., 5th Floor, Washington, DC 

20416; and OMB Reviewer, Office of 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices 48615 

1Rule 8b–3 (17 CFR 270.8b–3) provides that 

whenever a registration form requires the title of 

securities to be stated, the registrant must indicate 

the type and general character of the securities to 

be issued. Rule 8b–22 (17 CFR 270.8b–22) provides 

that if the existence of control is open to reasonable 

doubt, the registrant may disclaim the existence of 

control, but it must state the material facts pertinent 

to the possible existence of control. 

Information and Regulatory Affairs, 

Office of Management and Budget, New 

Executive Office Building, Washington, 

DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline White, Agency Clearance 

Officer, (202) 205–7044. 

SUPPLEMENTARY INFORMATION: 

Title: Entrepreneurial Development 

Impact Study. 

SBA Form Number: 2214. 

Frequency: On Occasion. 

Description of Respondents: SBA 

Clients. 

Responses: 12,435. 

Annual Burden: 2,500. 

Jacqueline White, 

Chief, Administrative Information Branch. 

[FR Doc. E9–22845 Filed 9–22–09; 8:45 am] 

BILLING CODE 8025–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60629; File No. SR–CBOE– 

2009–063] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to Temporary 

Membership Status and Interim 

Trading Permit Access Fees 

Correction 

In notice document E9–21994 

beginning on page 47034 in the issue of 

Monday, September 14, 2009, make the 

following correction: 

On page 47036 in the first paragraph, 

the single date on the last line should 

read, ‘‘October 5, 2009’’. 

[FR Doc. Z9–21994 Filed 9–22–09; 8:45 am] 

BILLING CODE 1505–01–D 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60653; File No. SR–NYSE– 

2009–89] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing of Proposed Rule Change As 

Modified by Amendment No. 1 To 

Amend Certain Corporate Governance 

Requirements 

Correction 

In notice document E9–22392 

beginning on page 47831 in the issue of 

Thursday, September 17, 2009, make 

the following correction: 

On page 47837, in the third column, 

in the 24th line from the top, ‘‘October 

5, 2009’’ should read ‘‘October 8, 2009’’. 

[FR Doc. Z9–22392 Filed 9–22–09; 8:45 am] 

BILLING CODE 1505–01–D 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Rule 8b–1 to 8b–33, SEC File No. 270–135, 

OMB Control No. 3235–0176. 

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 (the 

‘‘Commission’’) has submitted to the 

Office of Management and Budget a 

request for extension of the previously 

approved collection of information 

discussed below. 

Rules 8b–1 to 8b–33 (17 CFR 270.8b– 

1 to 8b–33) under the Investment 

Company Act of 1940 (15 U.S.C. 80a–1 

et seq.) (the ‘‘Act’’) are the procedural 

rules an investment company must 

follow when preparing and filing a 

registration statement. These rules were 

adopted to standardize the mechanics of 

registration under the Act and to 

provide more specific guidance for 

persons registering under the Act than 

the information contained in the statute. 

For the most part, these procedural rules 

do not require the disclosure of 

information. Two of the rules, however, 

require limited disclosure of 

information.1 The information required 

by the rules is necessary to ensure that 

investors have clear and complete 

information upon which to base an 

investment decision. The Commission 

uses the information that investment 

companies provide on registration 

statements in its regulatory, disclosure 

review, inspection and policy-making 

roles. The respondents to the collection 

of information are investment 

companies filing registration statements 

under the Act. 

The Commission does not estimate 

separately the total annual reporting and 

recordkeeping burden associated with 

rules 8b–1 to 8b–33 because the burden 

associated with these rules are included 

in the burden estimates the Commission 

submits for the investment company 

registration statement forms (e.g., Form 

N–1A (17 CFR 239.15A and 274.11A), 

Form N–2 (17 CFR 239.14 and 274.11a– 

1), Form N–3 (17 CFR 239.17a and 

274.11b), Form N–4 (17 CFR 239.17b 

and 274.11c), and Form N–6 (17 CFR 

239.17c and 274.11d)). For example, a 

mutual fund that prepares a registration 

statement on Form N–1A must comply 

with the rules under section 8(b), 

including rules on riders, amendments, 

the form of the registration statement, 

and the number of copies to be 

submitted. Because the fund only incurs 

a burden from the section 8(b) rules 

when preparing a registration statement, 

it would be impractical to measure the 

compliance burden of these rules 

separately. The Commission believes 

that including the burden of the section 

8(b) rules with the burden estimates for 

the investment company registration 

statement forms provides a more 

accurate and complete estimate of the 

total burdens associated with the 

registration process. For administrative 

purposes, however, we are requesting 

approval for an information collection 

burden of one hour per year. This 

estimate of burden hours is not derived 

from a comprehensive or necessarily 

even representative study of the cost of 

the Commission’s rules and forms. 

Investment companies seeking to 

register under the Act are required to 

provide the information specified in 

rules 8b–1 to 8b–33 if applicable. 

Responses will not be kept confidential. 

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 OMB 

control number. 

Please direct general comments 

regarding the above information to the 

following persons: (i) Desk Officer for 

the Securities and Exchange 

Commission, Office of Management and 

Budget, Room 10102, New Executive 

Office Building, Washington, DC 20503 

or send an e-mail to Shagufta Ahmed at 

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

Charles Boucher, Director/CIO, 

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 to OMB within 30 days of 

this notice. 

mstockstill on DSKH9S0YB1PROD with NOTICES