Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices 54193 

1 15 U.S.C. 80a–1 et seq. 

2 15 U.S.C. 80a–6(c). 

3 17 CFR 270.0–2. 

than the one set forth above, or that the 

Postal Service’s determination disposes 

of one or more of those issues. The 

deadline for the Postal Service to file the 

administrative record with the 

Commission is September 9, 2010. 39 

CFR 3001.113. 

Availability; website posting. The 

Commission has posted the appeal and 

supporting material on its website at 

http://www.prc.gov. Additional filings 

in this case and participants’ 

submissions also will be posted on the 

website, if provided in electronic format 

or amenable to conversion, and not 

subject to a valid protective order. 

Information on how to use the 

Commission’s website is available 

online or by contacting the 

Commission’s webmaster via telephone 

at 202–789–6873 or via electronic mail 

at prc-webmaster@prc.gov. 

The appeal and all related documents 

are also available for public inspection 

in the Commission’s docket section. 

Docket section hours are 8 a.m. to 4:30 

p.m., Monday through Friday, except on 

Federal government holidays. Docket 

section personnel may be contacted via 

electronic mail at prc-dockets@prc.gov 

or via telephone at 202–789–6846. 

Filing of documents. All filings of 

documents in this case shall be made 

using the Internet (Filing Online) 

pursuant to Commission rules 9(a) and 

10(a) at the Commission’s website, 

http://www.prc.gov, unless a waiver is 

obtained. 39 CFR 3001.9(a) and 10(a). 

Instructions for obtaining an account to 

file documents online may be found on 

the Commission’s website, http:// 

www.prc.gov, or by contacting the 

Commission’s docket section at prcdockets@prc.gov or via telephone at 

202–789–6846. 

Intervention. Those, other than the 

petitioner and respondent, wishing to be 

heard in this matter are directed to file 

a notice of intervention. See 39 CFR 

3001.111(b). Notices of intervention are 

due on or before September 21, 2010. A 

notice of intervention shall be filed 

using the Internet (Filing Online) at the 

Commission’s website, http:// 

www.prc.gov, unless a waiver is 

obtained for hardcopy filing. See 39 CFR 

3001.9(a) and 10(a). 

Further procedures. By statute, the 

Commission is required to issue its 

decision within 120 days from the date 

this appeal was filed. See 39 U.S.C. 

404(d)(5). A procedural schedule has 

been developed to accommodate this 

statutory deadline. In the interest of 

expedition, in light of the 120–day 

decision schedule, the Commission may 

request the Postal Service or other 

participants to submit information or 

memoranda of law on any appropriate 

issue. As required by the Commission 

rules, if any motions are filed, responses 

are due 7 days after any such motion is 

filed. 39 CFR 3001.21. 

It is ordered: 

1. The Postal Service shall file the 

administrative record in this appeal, or 

otherwise file a responsive pleading to 

the appeal, by September 9, 2010. 

2. The procedural schedule listed 

below is hereby adopted. 

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

M. Hoffer is designated officer of the 

Commission (Public Representative) to 

represent the interests of the general 

public. 

4. The Secretary shall arrange for 

publication of this notice and order and 

procedural schedule in the Federal 

Register. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

PROCEDURAL SCHEDULE

August 25, 2010 ............ Filing of Appeal. 

September 9, 2010 ....... Deadline for Postal Service to file administrative record in this appeal or responsive pleading. 

September 21, 2010 ..... Deadline for petitions to intervene (see 39 CFR 3001.111(b)). 

September 29, 2010 ..... Deadline for petitioner’s Form 61 or initial brief in support of petition (see 39 CFR 3001.115(a) and (b)). 

October 19, 2010 .......... Deadline for answering brief in support of Postal Service (see 39 CFR 3001.115(c)). 

November 3, 2010 ........ Deadline for reply briefs in response to answering briefs (see 39 CFR 3001.115(d)). 

November 10, 2010 ...... Deadline for motions by any party requesting oral argument; the Commission will schedule oral argument only when it 

is a necessary addition to the written filings (see 39 CFR 3001.116). 

December 21, 2010 ...... Expiration of the Commission’s 120-day decisional schedule (see 39 U.S.C. 404(d)(5)). 

[FR Doc. 2010–22040 Filed 9–2–10; 8:45 am] 

BILLING CODE 7710–FW–S 

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 0–2; SEC File No. 270–572; OMB 

Control No. 3235–0636. 

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’’) has submitted to the 

Office of Management and Budget a 

request for extension of the previously 

approved collection of information 

discussed below. 

Several sections of the Investment 

Company Act of 1940 (‘‘Act’’ or 

‘‘Investment Company Act’’) 1 give the 

Commission the authority to issue 

orders granting exemptions from the 

Act’s provisions. The section that grants 

broadest authority is section 6(c), which 

provides the Commission with authority 

to conditionally or unconditionally 

exempt persons, securities or 

transactions from any provision of the 

Investment Company Act, or the rules or 

regulations, if and to the extent that 

such exemption is necessary or 

appropriate in the public interest and 

consistent with the protection of 

investors and the purposes fairly 

intended by the policy and provisions of 

the Act.2

Rule 0–2 under the Investment 

Company Act,3 entitled ‘‘General 

Requirements of Papers and 

Applications,’’ prescribes general 

instructions for filing an application 

seeking excemptive relief with the 

Commission for which a form is not 

specifically prescribed. Rule 0–2 

requires that each application filed with 

the commission have (a) a statement of 

authorization to file and sign the 

application on behalf of the applicant, 

(b) a verification of application and 

statements of fact, (c) a brief statement 

of the grounds for application, and (d) 

the name and address of each applicant 

and of any person to whom questions 

should be directed. The Commission 

uses the information required by rule 0– 


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54194 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices 

2 to decide whether the applicant 

should be deemed to be entitled to the 

action requested by the application. 

Applicants for orders can include 

registered investment companies, 

affiliated persons of registered 

investment companies, and issuers 

seeking to avoid investment company 

status, among other entities. 

Commission staff estimates that it 

receives approximately 125 applications 

per year under the Act. Although each 

application typically is submitted on 

behalf of multiple entities, the entities 

in the vast majority of cases are related 

companies and are treated as a single 

respondent for purposes of this analysis. 

The time to prepare an application 

depends on the complexity and/or 

novelty of the issues covered by the 

application. We estimate that the 

Commission receives 20 of the most 

time-consuming applications annually, 

80 applications of medium difficulty, 

and 25 of the least difficult applications. 

Based on conversations with applicants, 

we estimate that in-house counsel 

would spend from ten to fifty hours 

helping to draft and review an 

application. We estimate a total annual 

hour burden to all respondents of 3,650 

hours [(50 hours × 20 applications) + (30 

hours x 80 applications) + (10 hours x 

25 applications)]. 

Much of the work of preparing an 

application is performed by outside 

counsel. The cost outside counsel 

charges applicants depends on the 

complexity of the issues covered by the 

application and the time required for 

preparation. Based on conversations 

with attorneys who serve as outside 

counsel, the cost ranges from 

approximately $10,000 for preparing a 

well-precedented, routine application to 

approximately $150,000 to prepare a 

complex and/or novel application. This 

distribution gives a total estimated 

annual cost burden to applicants of 

filing all applications of $9,650,000 [(20 

x $150,000) + (80 x $80,000) + (25 x 

$10,000)]. 

These estimates of average costs are 

made solely for the purposes of the 

Paperwork Reduction Act. The estimate 

is not derived from a comprehensive or 

even a representative survey or study of 

the costs of Commission rules. 

This collection of information is 

necessary to obtain a benefit and 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 e-mail to: Shagufta Ahmed at 

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

Charles Boucher, Director/CIO, 

Securities and Exchange Commission, 

C/O Remi Pavlik-Simon, 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. 

Dated: August 30, 2010. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–22025 Filed 9–2–10; 8:45 am] 

BILLING CODE 8010–01–P 

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 0–2, Form ADV–NR; SEC File No. 

270–214; OMB Control No. 3235–0240. 

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 extension of the previously 

approved collection of information 

discussed below. 

The title for the collection of 

information is ‘‘Rule 0–2’’ (17 CFR 

275.0–2) and ‘‘Form ADV–NR’’ (17 CFR 

279.4) under the Investment Advisers 

Act of 1940 (15 U.S.C. 80b–1). Rule 0– 

2 and Form ADV–NR facilitate service 

of process to non-resident investment 

advisers and their non-resident general 

partners or non-resident managing 

agents. The Form requires these persons 

to designate the Commission as agent 

for service of process. The purpose of 

this collection of information is to 

enable the commencement of legal and 

or regulatory actions against investment 

advisers that are doing business in the 

United States, but are not residents. 

The respondents to this information 

collection would be each non-resident 

general partner or non-resident 

managing agent of an SEC-registered 

adviser. The Commission has estimated 

that compliance with the requirement to 

complete Form ADV–NR imposes a total 

burden of approximately 1 hour for an 

adviser. Based on our experience with 

these filings, we estimate that we will 

receive 18 Form ADV–NR filings 

annually. Based on the 1.0 hour per 

respondent estimate, the Commission 

staff estimates a total annual burden of 

18 hours for this collection of 

information. 

Rule 0–2 and Form ADV–NR do not 

require recordkeeping or records 

retention. The collection of information 

requirements under the rule and form 

are mandatory. The information 

collected pursuant to the rule and Form 

ADV–NR is a filing with the 

Commission. This filing is not kept 

confidential and must be preserved 

until at least three years after 

termination of the enterprise. 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. 

General comments regarding the 

above information should be directed 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 Remi Pavlik-Simon, 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. 

Dated: August 30, 2010. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–22028 Filed 9–2–10; 8:45 am] 

BILLING CODE 8010–01–P 

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 7d–1; SEC File No. 270–176; OMB 

Control No. 3235–0311. 

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’’) has submitted to the 

Office of Management and Budget a 


srobinson on DSKHWCL6B1PROD with NOTICES