Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices 10581 

receives a higher bid or winning bid in 

a subsequent auction. When that final 

payment cannot yet be calculated, the 

bidder responsible for the withdrawn 

bid is assessed an interim bid 

withdrawal payment, which will be 

applied toward any final bid withdrawal 

payment that is ultimately assessed. The 

Commission’s rules provide that in 

advance of each auction, the 

Commission shall establish a percentage 

between three percent and twenty 

percent of the withdrawn bid to be 

assessed as an interim bid withdrawal 

payment. 

24. The Commission has indicated 

that the level of the interim withdrawal 

payment in a particular auction will be 

based on the nature of the service and 

the inventory of the construction 

permits being offered. The Commission 

noted that it may impose a higher 

interim withdrawal payment percentage 

to deter the anti-competitive use of 

withdrawals when, for example, bidders 

likely will not need to aggregate 

construction permits offered, such as 

when few construction permits are 

offered, the construction permits offered 

are not on adjacent frequencies or in 

adjacent areas, or there are few 

synergies to be captured by combining 

construction permits. 

25. Applying the reasoning that a 

higher interim withdrawal payment 

percentage is appropriate when 

aggregation of construction permits is 

not expected, as with the construction 

permits subject to competitive bidding 

in Auction 79, if the Bureaus allow bid 

withdrawals in this auction, the Bureaus 

propose an interim bid withdrawal 

payment of twenty percent of the 

withdrawn bid for this auction. The 

Bureaus seek comment on this proposal. 

ii. Additional Default Payment 

Percentage 

26. Any winning bidder that defaults 

or is disqualified after the close of an 

auction (i.e., fails to remit the required 

down payment within the prescribed 

period of time, fails to submit a timely 

long-form application, fails to make full 

payment, or is otherwise disqualified) is 

liable for a default payment under 47 

CFR 1.2104(g)(2). This payment consists 

of a deficiency payment, equal to the 

difference between the amount of the 

bidder’s bid and the amount of the 

winning bid the next time a 

construction permit covering the same 

spectrum is won in an auction, plus an 

additional payment equal to a 

percentage of the defaulter’s bid or of 

the subsequent winning bid, whichever 

is less. 

27. As previously noted by the 

Commission, defaults weaken the 

integrity of the auction process and may 

impede the deployment of service to the 

public. In light of these considerations 

for Auction 79, the Bureaus propose to 

establish an additional default payment 

of twenty percent of the relevant bid as 

more effective in deterring defaults than 

a smaller percentage. The Bureaus seek 

comment on this proposal. 

II. Commission ex parte Rules 

28. This proceeding has been 

designated as a permit-but-disclose 

proceeding in accordance with the 

Commission’s ex parte rules. Persons 

making oral ex parte presentations are 

reminded that memoranda summarizing 

the presentations must contain 

summaries of the substance of the 

presentations and not merely a listing of 

the subjects discussed. More than a one 

or two sentence description of the views 

and arguments presented is generally 

required. Other rules pertaining to oral 

and written ex parte presentations in 

permit-but-disclose proceedings are set 

forth in 47 CFR 1.1206(b). 

Federal Communications Commission. 

Gary D. Michaels, 

Deputy Division Chief, Auctions and 

Spectrum Access Division, WTB. 

[FR Doc. E9–5244 Filed 3–10–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Notice and request for comment. 

SUMMARY: The FDIC, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995 (44 

U.S.C. chapter 35). Currently, the FDIC 

is soliciting comments on full clearance 

of the following collection currently 

approved by OMB on an emergency 

basis: Temporary Liquidity Program 

(OMB Control No. 3064–0166). 

DATES: Comments must be submitted on 

or before May 11, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments to 

the FDIC by any of the following 

methods. All comments should refer to 

the name of the collection: 

• http://www.FDIC.gov/regulations/ 

laws/federal/notices.html. 

• E-mail: comments@fdic.gov. 

Include the name of the collection in the 

subject line of the message. 

• Mail: Leneta G. Gregorie (202–898– 

3719), Counsel, Room F–1064, Federal 

Deposit Insurance Corporation, 550 17th 

Street, NW., Washington, DC 20429. 

• Hand Delivery: Comments may be 

hand-delivered to the guard station at 

the rear of the 17th Street Building 

(located on F Street), on business days 

between 7 a.m. and 5 p.m. 

A copy of the comments may also be 

submitted to the OMB desk officer for 

the FDIC: Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, New 

Executive Office Building, Washington, 

DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Leneta G. Gregorie at the address 

identified above. 

SUPPLEMENTARY INFORMATION: 

Proposal To Obtain Full Clearance of 

the Following Collection of Information 

Currently Approved on an Emergency 

Basis 

Title: Temporary Liquidity Guarantee 

Program. 

OMB Number: 3064–0166. 

Estimated Number of Respondents: 

Initial report of amount of senior 

unsecured debt—14,400. 

Subsequent reports on amount of senior 

unsecured debt—14,400. 

Opt-out/opt-in notice—1,600. 

Notice of debt guarantee—9,150. 

Notice of transaction account 

guarantee—8,000. 

Notice of issuance of debt guarantee— 

13,650. 

Notice of termination of participation— 

300. 

Debt-holder guarantee claims—2,300. 

Bankruptcy POC/evidence of POC—300. 

Request for increase in debt guarantee 

limit—1,000. 

Request for increase in presumptive 

debt guarantee limit—100. 

Request to opt-in to debt guarantee 

program—100. 

Request by affiliate to participate in debt 

guarantee program—50. 

Application to issue mandatory 

convertible debt: 25. 

Frequency of Response: 

Initial report of amount of senior 

unsecured debt—once. 

Subsequent reports on amount of senior 

unsecured debt—4. 

Opt-out/opt-in notice—once. 

Notice of debt guarantee—once. 

Notice of transaction account 

guarantee—once. 

Notice of issuance of debt guarantee—26 

to 250. 

Notice of termination of participation— 

once. 


rwilkins on PROD1PC63 with NOTICES
10582 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices 

Debt-holder guarantee claims—once. 

Bankruptcy POC/evidence of POC— 

once. 

Request for increase in debt guarantee 

limit—once. 

Request for increase in presumptive 

debt guarantee limit—once. 

Request to opt-in to debt guarantee 

program—once. 

Request by affiliate to participate in debt 

guarantee program—once. 

Application to issue mandatory 

convertible debt—5. 

Affected Public: FDIC-insured 

depository institutions, thrift holding 

companies, bank and financial holding 

companies. 

Estimated Time per Response: 

Initial report of amount of senior 

unsecured debt—1 hour. 

Subsequent reports on amount of senior 

unsecured debt—1 hour. 

Opt-out/opt-in notice—0.5 hour. 

Notice of debt guarantee—1 to 2 hours. 

Notice of transaction account 

guarantee—2 hours. 

Notice of issuance of debt guarantee— 

0.5 to 3 hours. 

Notice of termination of participation— 

3 hours. 

Debt-holder guarantee claims—3 hours. 

Bankruptcy POC/evidence of POC–1 

hour. 

Request for increase in debt guarantee 

limit—2 hours. 

Request for increase in presumptive 

debt guarantee limit—2 hours. 

Request to opt-in to debt guarantee 

program—1 hour. 

Request by affiliate to participate in debt 

guarantee program—2 hours. 

Application to issue mandatory 

convertible debt—1 hour. 

Total Annual Burden: 2,201,625 

hours. 

General Description of Collection: 

This collection includes reporting, 

recordkeeping and disclosure 

requirements associated with the FDIC’s 

Temporary Liquidity Guarantee (TLG) 

Program. TLG Program is comprised of 

(1) a guarantee by the FDIC of all 

unsecured, unsubordinated debt of 

insured depository institutions, their 

bank holding companies, financial 

holding companies, and thrift holding 

companies (other than unitary thrift 

holding companies) issued between 

October 14, 2008, and June 30, 2009, 

with guarantees expiring not later than 

June 30, 2012, and with a system of fees 

to be paid by these institutions for such 

guarantees; and (2) a 100 percent 

guaranty of non-interest bearing 

transaction accounts held by insured 

depository institutions until December 

31, 2009 (FDIC guarantees). The TLG 

program is designed to strengthen 

confidence and encourage liquidity in 

the banking system in order to ease 

lending to creditworthy businesses and 

consumers. The reporting, 

recordkeeping and disclosure 

requirements apply to eligible entities 

participating in either the Debt 

Guarantee Component of the program or 

the Deposit Guarantee Component or 

both. The information obtained allows 

the FDIC to monitor its exposure under 

the TLG Program and determine 

assessments for entities participating in 

the program. The required disclosures 

ensure that depositors, debt holders, 

and the general public are on notice as 

to which entities are participating in the 

program, the extent to which deposits in 

noninterest-bearing transaction accounts 

are FDIC-insured, and whether newlyissued senior unsecured debt is 

guaranteed by the FDIC. 

Request for Comment 

Comments are invited on: (a) Whether 

this collection of information is 

necessary for the proper performance of 

the FDIC’s functions, including whether 

the information has practical utility; (b) 

the accuracy of the estimates of the 

burden of the information collection, 

including the validity of the 

methodologies and assumptions used; 

(c) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the information collection on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

At the end of the comment period, the 

comments and recommendations 

received will be analyzed to determine 

the extent to which the collection 

should be modified prior to submission 

to OMB for review and approval. 

Comments submitted in response to this 

notice also will be summarized or 

included in the FDIC’s requests to OMB 

for full clearance of this collection. All 

comments will become a matter of 

public record. 

Dated at Washington, DC, this ll day of 

March, 2009. 

Federal Deposit Insurance Corporation. 

Valerie Best, 

Assistant Executive Secretary. 

[FR Doc. E9–5230 Filed 3–10–09; 8:45 am] 

BILLING CODE 6714–01–P 

FEDERAL MARITIME COMMISSION 

Notice of Agreements Filed 

The Commission hereby gives notice 

of the filing of the following agreements 

under the Shipping Act of 1984. 

Interested parties may submit comments 

on agreements to the Secretary, Federal 

Maritime Commission, Washington, DC 

20573, within ten days of the date this 

notice appears in the Federal Register. 

Copies of agreements are available 

through the Commission’s Web site 

(http://www.fmc.gov) or contacting the 

Office of Agreements at (202) 523–5793 

or tradeanalysis@fmc.gov. 

Agreement No.: 011353–034. 

Title: The Credit Agreement. 

Parties: APL Co. PTE Ltd.; Crowley 

Latin America Services, LLC; Dole 

Ocean Cargo Express; King Ocean 

Services de Venezuela/King Ocean 

Services Limited; Seaboard Marine of 

Florida, Inc.; and Seaboard Marine Ltd. 

Filing Party: Wayne R. Rohde, Esq.; 

Sher & Blackwell LLP; 1850 M Street, 

NW., Suite 900, Washington, DC 20036. 

Synopsis: The amendment deletes 

Crowley Liner Services, Inc. as a party 

to the Agreement, replacing it with 

Crowley Latin America Services, LLC, 

and deletes A.P. Moller-Maersk A/S, 

Evergreen Line Joint Service Agreement, 

and Caribbean General Maritime, Ltd. as 

parties to the Agreement. 

Agreement No.: 011579–015. 

Title: Inland Shipping Service 

Association Agreement. 

Parties: Crowley Latin America 

Services, LLC; Seaboard Marine, Ltd.; 

and Seaboard Marine of Florida, Inc. 

Filing Party: Wayne R. Rohde, Esq.; 

Sher & Blackwell LLP; 1850 M Street, 

NW., Suite 900, Washington, DC 20036. 

Synopsis: The amendment deletes 

Crowley Liner Services, Inc. as a party 

to the Agreement and replaces it with 

Crowley Latin America Services, LLC. 

Agreement No.: 012037–001. 

Title: Maersk Line/CMA CGM TA3 

Space Charter Agreement. 

Parties: A.P. Moeller-Maersk A/S and 

CMA CGM S.A. 

Filing Party: Wayne R. Rohde, Esq.; 

Sher & Blackwell LLP; 1850 M Street, 

NW., Suite 900; Washington, DC 20036. 

Synopsis: The amendment reduces 

the amount of space being chartered, 

extends the duration of the agreement, 

revises the notice required for 

resignation, and incorporates other 

miscellaneous changes. 

Agreement No.: 012064. 

Title: Hapag-Lloyd/NYK MexicoDominican Republic Slot Exchange 

Agreement. 

Parties: Hapag-Lloyd AG and Nippon 

Yusen Kaisha. 

Filing Party: Wayne R. Rohde, Esq.; 

Sher & Blackwell LLP; 1850 M Street, 

NW., Suite 900; Washington, DC 20036. 

Synopsis: The agreement authorizes 

the parties to exchange slots on their 

services in the trades between ports on 

the East and Gulf Coasts of the United 


rwilkins on PROD1PC63 with NOTICES