54192 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices 

Section 4204(c) of ERISA authorizes 

the PBGC to grant individual or class 

variances or exemptions from the 

purchaser’s bond/escrow requirement of 

section 4204(a)(1)(B) when warranted. 

The legislative history of section 4204 

indicates a Congressional intent that the 

statute be administered in a manner that 

assures protection of the plan with the 

least intrusion into normal business 

transactions practicable. Senate 

Committee on Labor and Human 

Resources, 96th Cong., 2nd Sess., S. 

1076, The Multiemployer Pension Plan 

Amendments Act of 1980: Summary 

and Analysis of Considerations 16 

(Comm. Print, April 1980); 128 Cong. 

Rec. S10117 (July 29, 1980). The 

granting of a variance or exemption 

from the bond/escrow requirement does 

not constitute a finding by PBGC that a 

particular transaction satisfies the other 

requirements of section 4204(a)(1). 

Under PBGC’s regulation on variances 

for sales of assets (29 CFR part 4204), a 

request for a variance or exemption from 

the bond/escrow requirement under any 

of the tests established in the regulation 

(§§ 4204.12 and 4204.13) is to be made 

to the plan in question. PBGC will 

consider variance or exemption requests 

only when the request is not based on 

satisfaction of one of the four regulatory 

tests under regulation §§ 4204.12 and 

4204.13, or when the parties assert that 

the financial information necessary to 

show satisfaction of one of the 

regulatory tests is privileged or 

confidential financial information 

within the meaning of 5 U.S.C. 552(b)(4) 

(Freedom of Information Act). See 29 

CFR 4204.21. 

Under § 4204.22 of the regulation, 

PBGC shall approve a request for a 

variance or exemption if it determines 

that approval of the request is 

warranted, in that it: 

(1) Would more effectively or 

equitably carry out the purposes of Title 

IV of the Act; and 

(2) Would not significantly increase 

the risk of financial loss to the plan. 

Section 4204(c) of ERISA and 

§ 4204.22(b) of the regulation requires 

PBGC to publish a notice of the 

pendency of a request for a variance or 

exemption in the Federal Register, and 

to provide interested parties with an 

opportunity to comment on the 

proposed variance or exemption. 

The Request 

PBGC has received a request, dated 

November 25, 2009, from Ricketts 

Acquisition LLC (the ‘‘Purchaser’’) for an 

exemption from the bond/escrow 

requirement of section 4204(a)(1)(B) 

with respect to its purchase of the 

Chicago National League Ball Club, LLC 

(the ‘‘Seller’’). In the request, the 

Purchaser represents, among other 

things, that: 

1. The Seller was obligated to 

contribute to the Major League Baseball 

Players Benefit Plan (the ‘‘Plan’’) for 

certain employees of the purchased 

operations. 

2. The Purchaser has agreed to assume 

the obligation to contribute to the Plan 

for substantially the same number of 

contribution base units as the Seller. 

3. The Seller has agreed to be 

secondarily liable for any withdrawal 

liability it would have had with respect 

to the purchased operations (if not for 

section 4204) should the Purchaser 

withdraw from the Plan and fail to pay 

its withdrawal liability. 

4. The estimated amount of the 

withdrawal liability of the Seller with 

respect to the operations subject to the 

sale is $34,030,359. 

5. The amount of the bond/escrow 

established under section 4204(a)(1)(B) 

is $4,068,868, which is to be posted if 

PBGC has not acted on the request by 

the end of the plan year of the request. 

6. The Major League Baseball Clubs 

(the ‘‘Clubs’’) have established the Major 

League Central Fund (the ‘‘Central 

Fund’’) pursuant to the Major League 

Baseball Constitution. Under this 

Constitution, the Office of the 

Commissioner of Baseball pays 

contributions to the Plan from the 

Central Fund on behalf of each 

participating employer in satisfaction of 

the employer’s pension liability under 

the Plan’s funding agreement. The 

monies in the Central Fund are derived 

directly from (i) gate receipts from AllStar games; (ii) radio and television 

revenue from World Series, League 

Championship Series, Division Series, 

All-Star Games, and (iii) certain other 

radio and television revenue, including 

revenues from foreign broadcasts, 

regular, spring training, and exhibition 

games (‘‘Revenues’’). 

7. In support of the exemption 

request, the Purchaser asserts that ‘‘[t]he 

Plan is funded directly from Revenues 

which are paid from the Central Fund 

directly to the Plan without passing 

through the hands of any of the Clubs. 

Therefore, the Plan enjoys a substantial 

degree of security with respect to 

contributions on behalf of the Clubs. A 

change in ownership of a particular 

Club does not affect the obligation of the 

Central Fund to fund the Plan out of the 

Revenues. As such, approval of this 

exemption request would not increase 

the risk of financial loss to the Plan.’’ 

8. A complete copy of the request was 

sent to the Plan and to the Major League 

Baseball Players Association by certified 

mail, return receipt requested. 

Issued at Washington, DC, August 27, 

2010. 

Joshua Gotbaum, 

Director. 

[FR Doc. 2010–22012 Filed 9–2–10; 8:45 am] 

BILLING CODE 7708–01–P 

POSTAL REGULATORY COMMISSION 

[Docket No. A2010–5; Order No. 526] 

Post Office Closing 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: This document informs the 

public that an appeal of the closing of 

the Rentiesville Post Office, 

Rentiesville, Oklahoma 74459 has been 

filed. It identifies preliminary steps and 

provides a procedural schedule. 

Publication of this document will allow 

the Postal Service, petitioner, and others 

to take appropriate action. 

DATES: Deadline for filing administrative 

record: September 9, 2010. For other 

dates, see Procedural Schedule. 

ADDRESSES: Submit filings electronically 

via the Commission’s Filing Online 

system at http://www.prc.gov. Those 

who cannot file electronically should 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section 

by telephone for advice on alternatives 

to electronic filing. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

stephen.sharfman@prc.gov or 202–789– 

6820. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that pursuant to 39 U.S.C. 

404(d), the Commission has received an 

appeal of the closing of the Rentiesville 

Post Office, Rentiesville, Oklahoma 

74459. The appeal, postmarked August 

23, 2010, was received by the 

Commission on August 25, 2010. The 

Commission hereby institutes a 

proceeding under 39 U.S.C. 404(d)(5) 

and designates the case as Docket No. 

A2010–5 to consider the petitioner’s 

appeal. If the petitioner would like to 

further explain her position with 

supplemental information or facts, she 

may either file a Participant Statement 

on PRC Form 61 or file a brief with the 

Commission by no later than September 

29, 2010. 

Categories of issues apparently raised. 

The categories of issues that appear to 

be raised include: Effect on the 

community. See 39 U.S.C. 

404(d)(2)(A)(i). 

After the Postal Service files the 

administrative record and the 

Commission reviews it, the Commission 

may find that there are more legal issues 


srobinson on DSKHWCL6B1PROD with NOTICES
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– 


srobinson on DSKHWCL6B1PROD with NOTICES