Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices 30333 

1Notice of Establishment of Rates and Class Not 

of General Applicability (Priority Mail Contract 12), 

June 11, 2009 (Notice). 

(3150–0181), NEOB–10202, Office of 

Management and Budget, Washington, 

DC 20503. 

Comments can also be e-mailed to 

Christine_J._Kymn@omb.eop.gov or 

submitted by telephone at (202) 395– 

4638. 

The acting NRC Clearance Officer is 

Tremaine Donnell, (301) 415–6258. 

Dated at Rockville, Maryland, this 16th day 

of June 2009. 

For the Nuclear Regulatory Commission. 

Tremaine Donnell, 

Acting NRC Clearance Officer, Office of 

Information Services. 

[FR Doc. E9–14982 Filed 6–24–09; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

[OMB Control No. 3206–0197; Forms RI 38– 

107 and RI 38–147] 

Submission for OMB Review; Request 

for Review of a Revised Information 

Collection 

AGENCY: Office of Personnel 

Management. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (Pub. 

L. 104–13, May 22, 1995), this notice 

announces that the Office of Personnel 

Management (OPM) has submitted to 

the Office of Management and Budget 

(OMB) a request for review of a revised 

information collection. ‘‘Verification of 

Who is Getting Payments’’ (OMB 

Control No. 3206–0197; Form RI 38– 

107) is designed for use by the 

Retirement Inspection Branch when 

OPM, for any reason, must verify that 

the entitled person is indeed receiving 

the monies payable. ‘‘Verification of 

Who is Getting Payments’’ (OMB 

Control No. 3206–0197; Form RI 38– 

147) collects the same information and 

is used by other groups within 

Retirement Services Program. Failure to 

collect this information would cause 

OPM to pay monies absent the 

assurance of a correct payee. 

The number of respondents to RI 38– 

107 is 25,000. The number of 

respondents to RI 38–147 is 400. We 

estimate it takes approximately 10 

minutes to complete each form. The 

annual burden for RI 38–107 is 4,167 

hours; the annual burden for RI 38–147 

is 67 hours. The total burden is 4,234 

hours. 

For copies of this proposal, contact 

Cyrus S. Benson on (202) 606–4808, 

FAX (202) 606–0910 or via E-mail to 

Cyrus.Benson@opm.gov. Please include 

a mailing address with your request. 

DATES: Comments on this proposal 

should be received within 30 calendar 

days from the date of this publication. 

ADDRESSES: Send or deliver comments 

to— 

James K. Freiert, Deputy Assistant 

Director, Retirement Services 

Program, Center for Retirement and 

Insurance Services, U.S. Office of 

Personnel Management, 1900 E Street, 

NW., Room 3305, Washington, DC 

20415–3500; and 

OPM Desk Officer, Office of Information 

& Regulatory Affairs, Office of 

Management and Budget, New 

Executive Office Building, 725 17th 

Street, NW., Room 10235, 

Washington, DC 20503. 

FOR INFORMATION REGARDING

ADMINISTRATIVE COORDINATION CONTACT: 

Cyrus S. Benson, Team Leader, 

Publications Team, RIS Support 

Services/Support Group, U.S. Office of 

Personnel Management, 1900 E Street, 

NW., Room 4H28, Washington, DC 

20415, (202) 606–0623. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

[FR Doc. E9–15020 Filed 6–24–09; 8:45 am] 

BILLING CODE 6325–38–P 

POSTAL REGULATORY COMMISSION 

[Docket No. CP2009–38; Order No. 223] 

Priority Mail Contract 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently-filed Postal Service request to 

add an additional Priority Mail contract 

to the Competitive Product List. This 

notice addresses procedural steps 

associated with this filing. 

DATES: Postal Service responses are due 

June 23, 2009. Comments are due June 

26, 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. Background 

On June 11, 2009, the Postal Service 

filed a notice, pursuant to 39 U.S.C. 

3632(b)(3) and 39 CFR 3015.5, 

announcing that it has entered into an 

additional contract (Priority Mail 

Contract 12), which it contends fits 

within the previously proposed Priority 

Mail Contract Group product.1 In 

support, the Postal Service filed the 

proposed contract and referenced 

Governors’ Decision 09–6 filed in 

Docket No. MC2009–25. Id. at 1. 

The Notice states that the ‘‘contract 

differs from the contract filed as Priority 

Mail Contract 6 only in regards to 

negotiated prices and a difference in 

termination provisions.’’ Id. at 2. In 

addition, it states that the contract is 

scheduled to become effective the day 

that the Commission issues all 

necessary regulatory approval. Id. at 1. 

The instant contract. The Postal 

Service filed the instant contract 

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

CFR 3015.5. It submitted the contract 

and supporting material under seal, and 

attached a redacted copy of the contract 

and certified statement required by 39 

CFR 3015.5(c)(2) to the Notice. Id., 

Attachments A and B respectively. 

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. 

II. Notice of Filing 

The Commission establishes Docket 

No. CP2009–38 for consideration of the 

matters related to the contract identified 

in the Postal Service’s Notice. 

The Notice does not expressly use the 

term functionally equivalent to describe 

proposed Priority Mail Contract 12. 

Instead, it appears to implicitly make 

that claim by distinguishing the instant 

contract from Priority Mail Contract 6, 

filed in Docket No. CP2009–30 as part 

of the proposed Priority Mail Contract 

Group. Id. at 2. As the Postal Service 

recognizes, the scope of the Priority 

Mail Contract Group product is 

currently pending before the 

Commission. To that end, it 

acknowledges that the Commission’s 

decision in Docket No. MC2009–25 may 

have an impact on the sufficiency of the 

Postal Service’s filings in this case. Id. 

at 1, n.1. Depending on the outcome of 

Docket No. MC2009–25, the Postal 

Service may need to file additional 

support as required in 39 CFR 3020 

subpart B. Such filings, if any, shall be 

due within three days of the 

Commission’s order in Docket No. 

MC2009–25 addressing the scope of the 

proposed Priority Mail Contract Group 

product. 


sroberts on PROD1PC70 with NOTICES
30334 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices 

1See Securities Exchange Act Release No. 59135 

(December 22, 2008), 73 FR 79954 (December 30, 

2008) (order approving File No. SR–ISE–2008–85). 

2 15 U.S.C. 78c(a)(2). 

3Under Section 3(a)(2) of the Act, the term 

‘‘facility,’’ when used with respect to an exchange, 

includes ‘‘its premises, tangible or intangible 

property whether on the premises or not, any right 

to the use of such premises or property or any 

service thereof for the purpose of effecting or 

reporting a transaction on an exchange (including, 

among other things, any system of communication 

to or from the exchange, by ticker or otherwise, 

maintained by or with the consent of the exchange), 

and any right of the exchange to the use of any 

property or service.’’ 

4See Securities Exchange Act Release No. 59133 

(December 22, 2008), 73 FR 79940 (December 30, 

2008) (‘‘Exemption Order’’). 

5 17 CFR 240.0–12. 

6 15 U.S.C. 78mm(a)(1). 

7See letter from Michael J. Simon, General 

Counsel and Secretary, ISE, to Elizabeth M. 

Murphy, Secretary, Commission, dated June 15, 

2009 (‘‘Exemption Request’’). 

8See Section 3(a)(2) of the Exchange Act, 15 

U.S.C. 78c3(a)(2) (definition of ‘‘facility’’). 

Interested persons may submit 

comments on whether the instant 

contract is consistent with the policies 

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

CFR part 3015 and 39 CFR 3020, subpart 

B, and whether it should be classified 

within the Priority Mail Contract Group 

or as a separate product. Comments in 

this case are due no later than June 26, 

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 this docket. 

III. Supplementary Information 

Pursuant to 39 CFR 3015.6, the 

Commission requests the Postal Service 

to provide the following supplemental 

information by June 23, 2009: 

1. (a) Please explain the cost 

adjustments made to each contract; 

(b) Explain the mailer activities or 

characteristics that: 

(i) Yield cost savings to the Postal 

Service, 

(ii) Impose additional costs on the 

Postal Service; 

(c) Please address every instance 

where an NSA partner’s cost differs 

from the average cost. 

2. (a) Please provide a timeframe of 

when NSA partner volumes and cubic 

feet measurements were collected for 

each contract. 

(b) Please provide a unit of analysis 

for volumes in each contract, e.g., whole 

numbers, thousands, etc. 

3. In the Excel files accompanying the 

instant contract, unit transportation 

costs are hard coded (See tab: ‘‘Partner 

Unit Cost’’ rows 18 and 19). Please 

provide up-to-date sources and show all 

calculations. 

IV. Ordering Paragraphs 

It is Ordered: 

1. The Commission establishes Docket 

No. CP2009–38 for consideration of the 

issues raised in this docket. 

2. As discussed in this order, the 

Postal Service shall file supplemental 

information, if necessary, within three 

days of the Commission’s order in 

Docket No. MC2009–25 addressing the 

scope of the proposed Priority Mail 

Contract Group product. 

3. Comments by interested persons in 

these proceedings are due no later than 

June 26, 2009. 

4. The Postal Service is to provide the 

information requested in section III of 

this order no later than June 23, 2009. 

5. 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. 

6. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Steven W. Williams, 

Secretary. 

[FR Doc. E9–14926 Filed 6–24–09; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60152] 

Order Granting Application for 

Extension of a Temporary Conditional 

Exemption Pursuant to Section 36(a) of 

the Exchange Act by the International 

Securities Exchange, LLC Relating to 

the Ownership Interest of International 

Securities Exchange Holdings, Inc. in 

an Electronic Communications 

Network 

June 19, 2009. 

I. Introduction 

On December 22, 2008, the Securities 

and Exchange Commission 

(‘‘Commission’’) approved a proposal 

filed by the International Securities 

Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) in 

connection with corporate transactions 

(the ‘‘Transactions’’) in which, among 

other things, the parent company of ISE, 

International Securities Exchange 

Holdings, Inc. (‘‘ISE Holdings’’), 

purchased a 31.54% ownership interest 

in Direct Edge Holdings LLC (‘‘Direct 

Edge’’), the owner and operator of Direct 

Edge ECN (‘‘DECN’’), a registered 

broker-dealer and electronic 

communications network (‘‘ECN’’).1

Following the closing of the 

Transactions (the ‘‘Closing’’), Direct 

Edge’s wholly-owned subsidiary, Maple 

Merger Sub LLC (‘‘Merger Sub’’) began 

to operate a marketplace for the trading 

of U.S. cash equity securities by Equity 

Electronic Access Members of ISE (the 

‘‘Facility’’), under ISE’s rules and as a 

‘‘facility,’’ as defined in Section 3(a)(2) 

of the Securities Exchange Act of 1934 

(‘‘Exchange Act’’),2 of ISE.3

DECN, which operates as an ECN and 

submits its limit orders to the Facility 

for display and execution, is an affiliate 

of ISE through ISE Holdings’ equity 

interest in DE Holdings. DECN also is a 

facility, as defined in Section 3(a)(2) of 

the Exchange Act, of ISE because it is an 

affiliate of ISE used for the purpose of 

effecting and reporting securities 

transactions. Because DECN is a facility 

of ISE, ISE, absent exemptive relief, 

would be obligated under Section 19(b) 

of the Exchange Act to file with the 

Commission proposed rules governing 

the operation of DECN’s systems and 

subscriber fees. 

On December 22, 2008, the 

Commission exercised its authority 

under Section 36 of the Exchange Act to 

grant ISE a temporary exemption, 

subject to certain conditions, from the 

requirements under Section 19(b) of the 

Exchange Act with respect to DECN’s 

proposed rules.4

On June 15, 2009, ISE filed with the 

Commission, pursuant to Rule 0–12 5

under the Exchange Act, an application 

under Section 36(a)(1) of the Exchange 

Act 6 to extend the relief granted in the 

Exemption Order for an additional 180 

days, subject to certain conditions.7

This order grants ISE’s request for a 

temporary extension of the relief 

provided in the Exemption Order, 

subject to the satisfaction of certain 

conditions, which are outlined below. 

II. Application for an Extension of the 

Temporary Conditional Exemption 

From the Section 19(b) Rule Filing 

Requirements 

On June 15, 2009, ISE requested that 

the Commission exercise its authority 

under Section 36 of the Exchange Act to 

temporarily extend, subject to certain 

conditions, the temporary conditional 

exemption granted in the Exemption 

Order from the rule filing procedures of 

Section 19(b) of the Exchange Act in 

connection with ISE Holdings’ equity 

ownership interest in DE Holdings and 

the continued operation of DECN as a 

facility of ISE.8

The Exemption Request notes that on 

May 7, 2009, EDGA Exchange, Inc., and 

EDGX Exchange, Inc. (together, the 


sroberts on PROD1PC70 with NOTICES