12406 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 

1Request of the United States Postal Service to 

Add Priority Mail Contract 5 to Competitive 

Product List and Notice of Establishment of Rates 

and Class Not of General Applicability, March 13, 

2009 (Request). 

2Attachment A to the Request consists of the 

redacted Decision of the Governors of the United 

States Postal Service on Establishment of Rate and 

Class Not of General Applicability for Priority Mail 

Service (Governors’ Decision No. 09–4). The 

Governors’ Decision includes an attachment which 

provides an analysis of the proposed Priority Mail 

Contract 5. Attachment B is the redacted version of 

the contract. Attachment C shows the requested 

changes to the Mail Classification Schedule product 

list. Attachment D provides a statement of 

supporting justification for this Request. 

Attachment E provides the certification of 

compliance with 39 U.S.C. 3633(a). 

[FR Doc. Z9–5933 Filed 3–23–09; 8:45 am] 

BILLING CODE 1505–01–D 

POSTAL REGULATORY COMMISSION 

[Docket Nos. MC2009–21 and CP2009–26; 

Order No. 193] 

New Competitive Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently-filed Postal Service request to 

add Priority Mail Contract Mail 5 to the 

Competitive Product List. The Postal 

Service has also filed a related contract. 

This notice addresses procedural steps 

associated with these filings. 

DATES: Comments are due March 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 

On March 13, 2009, the Postal Service 

filed a formal request pursuant to 39 

U.S.C. 3642 and 39 CFR 3020.30 et seq. 

to add Priority Mail Contract 5 to the 

Competitive Product List.1 The Postal 

Service asserts that Priority Mail 

Contract 5 is a competitive product ‘‘not 

of general applicability’’ within the 

meaning of 39 U.S.C. 3632(b)(3). Id. at 

1. The Request has been assigned 

Docket No. MC2009–21. 

The Postal Service 

contemporaneously filed a contract 

related to the proposed new product 

pursuant to 39 U.S.C. 3632(b)(3) and 39 

CFR 3015.5. The contract has been 

assigned Docket No. CP2009–26. 

Request. The Request incorporates (1) 

a redacted version of the Governors’ 

Decision authorizing the new product; 

(2) a redacted version of the contract; (3) 

requested changes in the Mail 

Classification Schedule product list; (4) 

a statement of supporting justification as 

required by 39 CFR 3020.32; and (5) 

certification of compliance with 39 

U.S.C. 3633(a).2 Substantively, the 

Request seeks to add Priority Mail 

Contract 5 to the Competitive Product 

List. Id. at 1–2. 

In the statement of supporting 

justification, Mary Prince Anderson, 

Acting Manager, Sales and 

Communications, Expedited Shipping, 

asserts that the service to be provided 

under the contract will cover its 

attributable costs, make a positive 

contribution to institutional costs, and 

increase contribution toward the 

requisite 5.5 percent of the Postal 

Service’s total institutional costs. Id., 

Attachment D. Thus, Ms. Anderson 

contends there will be no issue of 

subsidization of competitive products 

by market dominant products as a result 

of this contract. Id. 

Related Contract. A redacted version 

of the specific Priority Mail Contract 5 

is included with the Request. The 

contract is for 1 year and is to be 

effective 1 day after the Commission 

provides all necessary regulatory 

approvals. The Postal Service represents 

that the contract is consistent with 39 

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

See id., Attachment A and Attachment 

E. It notes that actual performance 

under this contract could vary from 

estimates, but concludes that the risks 

are manageable. Id. at Attachment A. 

The Postal Service filed much of the 

supporting materials, including the 

Governors’ Decision and the specific 

Priority Mail Contract 5, under seal. In 

its Request, the Postal Service maintains 

that the contract and related financial 

information, including the customer’s 

name and the accompanying analyses 

that provide prices, terms, conditions, 

and financial projections should remain 

under seal. Id. at 2–3. 

II. Notice of Filings 

The Commission establishes Docket 

Nos. MC2009–21 and CP2009–26 for 

consideration of the Request pertaining 

to the proposed Priority Mail Contract 5 

product and the related contract, 

respectively. In keeping with practice, 

these dockets are addressed on a 

consolidated basis for purposes of this 

order; however, future filings should be 

made in the specific docket in which 

issues being addressed pertain. 

Interested persons may submit 

comments on whether the Postal 

Service’s filings in the captioned 

dockets are consistent with the policies 

of 39 U.S.C. 3632, 3633, or 3642 and 39 

CFR part 3015 and 39 CFR 3020 subpart 

B. Comments are due no later than 

March 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 these dockets. 

It is Ordered: 

1. The Commission establishes Docket 

Nos. MC2009–21 and CP2009–26 for 


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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Notices 12407 

consideration of the matter raised in 

each docket. 

2. 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. 

3. Comments by interested persons in 

these proceedings are due no later than 

March 25, 2009. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Steven W. Williams, 

Secretary. 

[FR Doc. E9–6419 Filed 3–23–09; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Collection; Comment 

Request 

Upon Written Request; Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Rule 23c–1; SEC File No. 270–253; OMB 

Control No. 3235–0260. 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520), the Securities 

and Exchange Commission (the 

‘‘Commission’’) is soliciting comments 

on the collection of information 

summarized below. The Commission 

plans to submit this existing collection 

of information to the Office of 

Management and Budget for extension 

and approval. 

Rule 23c–1 (17 CFR 270.23c–1) under 

the Investment Company Act of 1940 

(15 U.S.C. 80a), among other things, 

permits a closed-end fund to repurchase 

its securities for cash if in addition to 

the other requirements set forth in the 

rule: (i) Payment of the purchase price 

is accompanied or preceded by a written 

confirmation of the purchase; (ii) the 

asset coverage per unit of the security to 

be purchased is disclosed to the seller 

or his agent; and (iii) if the security is 

a stock, the fund has, within the 

preceding six months, informed 

stockholders of its intention to purchase 

stock. Commission staff estimates that 

approximately 36 closed-end funds rely 

on Rule 23c–1 annually to undertake 

324 repurchases of their securities. 

Commission staff estimates that, on 

average, a fund spends 2.5 hours to 

comply with the paperwork 

requirements listed above each time it 

undertakes a security repurchase under 

the rule. Commission staff thus 

estimates the total annual burden of the 

rule’s paperwork requirements is 810 

hours. 

In addition, the fund must file with 

the Commission a copy of any written 

solicitation to purchase securities given 

by or on behalf of the fund to 10 or more 

persons. The copy must be filed as an 

exhibit to Form N–CSR (17 CFR 249.331 

and 274.128). The burden associated 

with filing Form N–CSR is addressed in 

the submission related to that form. 

The estimate of average burden hours 

is made solely for the purposes of the 

Paperwork Reduction Act, and is not 

derived from a comprehensive or even 

a representative survey or study of the 

costs of Commission rules and forms. 

Written comments are invited on: (a) 

Whether the collection of information is 

necessary for the proper performance of 

the functions of the Commission, 

including whether the information has 

practical utility; (b) the accuracy of the 

Commission’s estimate of the burden of 

the collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information 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. 

Please direct your written comments 

to 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. 

Dated: March 18, 2009. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–6406 Filed 3–23–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

28650; 812–13538] 

ING Investments, LLC, et al.; Notice of 

Application 

March 17, 2008. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of an application under 

section 6(c) of the Investment Company 

Act of 1940 (‘‘Act’’) for an exemption 

from rule 12d1–2(a) under the Act. 

SUMMARY OF APPLICATION: Applicants 

request an order to permit funds of 

funds relying on rule 12d1–2 under the 

Act to invest in certain financial 

instruments. 

Applicants: ING Investments, LLC 

(‘‘IIL’’), Directed Services, LLC (‘‘DSL’’), 

ING Investment Management Co. 

(‘‘IIM’’), ING Funds Distributor, LLC 

(‘‘IFD’’) and ING Investors Trust, ING 

Partners, Inc., ING Mutual Funds, ING 

Series Funds, Inc., and ING Strategic 

Allocation Portfolios, Inc. (collectively, 

the ‘‘Trusts’’). 

Filing Dates: The application was 

filed on June 4, 2008, and amended on 

March 13, 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 April 13, 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, c/o Huey P. Falgout, Jr., ING 

Investments, LLC, 7337 E. Doubletree 

Ranch Road, Scottsdale, AZ 85258. 

FOR FURTHER INFORMATION CONTACT: 

Lewis Reich, Senior Counsel, at (202) 

551–6919, or Janet M. Grossnickle, 

Assistant Director, 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 for a fee at the 

Commission’s Public Reference Room, 

100 F Street, NE., Washington, DC 

20549–1520 (telephone (202) 551–5850). 

Applicants’ Representations 

1. ING Investors Trust is organized as 

a Massachusetts business trust. ING 

Mutual Funds is organized as a 

Delaware statutory trust. Each of the 

other Trusts is organized as a Maryland 

corporation. Each Trust is registered 

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