New Postal Product, 13714-13715 [2013-04611]

Download as PDF 13714 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Notices product and the related contract, respectively. 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, 39 CFR 3015.5, and 39 CFR part 3020, subpart B. Comments are due no later than March 4, 2013. The public portions of these filings can be accessed via the Commission’s Web site (http:// www.prc.gov). The Commission appoints Lawrence E. Fenster to serve as Public Representative in these dockets. III. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket Nos. MC2013–41 and CP2013–53 to consider the matters raised in each docket. 2. Pursuant to 39 U.S.C. 505, Lawrence E. Fenster is appointed to serve as an officer of the Commission to represent the interests of the general public in these proceedings (Public Representative). 3. Comments by interested persons in these proceedings are due no later than March 4, 2013. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Ruth Ann Abrams, Acting Secretary. [FR Doc. 2013–04612 Filed 2–27–13; 8:45 am] BILLING CODE 7710–FW–P POSTAL REGULATORY COMMISSION [Docket No. MC2013–40 and CP2013–52; Order No. 1665] New Postal Product Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recent Postal Service filing concerning the addition of Priority Mail Contract 55 to the competitive product list. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: March 4, 2013. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at http:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:12 Feb 27, 2013 Jkt 229001 FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Notice of Filings III. Ordering Paragraphs I. Introduction In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add Priority Mail Contract 55 to the competitive product list.1 It asserts that Priority Mail Contract 55 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. MC2013– 40. The Postal Service contemporaneously filed a redacted contract related to the proposed new product under 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. Id. Attachment B. The instant contract has been assigned Docket No. CP2013–52. Request. To support its Request, the Postal Service filed six attachments as follows: • Attachment A—a redacted copy of Governors’ Decision No. 11–6, authorizing the new product; • Attachment B—a redacted copy of the contract; • Attachment C—proposed changes to the Mail Classification Schedule competitive product list with the addition underlined; • Attachment D—a Statement of Supporting Justification as required by 39 CFR 3020.32; • Attachment E—a certification of compliance with 39 U.S.C. 3633(a); and • Attachment F—an application for non-public treatment of materials to maintain redacted portions of the contract and related financial information under seal. In the Statement of Supporting Justification, Dennis R. Nicoski, Manager, Field Sales Strategy and Contracts, asserts that the contract will cover its attributable costs, make a positive contribution to covering institutional costs, and increase contribution toward the requisite 5.5 percent of the Postal Service’s total institutional costs. Id. Attachment D at 1. Mr. Nicoski contends that there will 1 Request of the United States Postal Service to Add Priority Mail Contract 55 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors’ Decision, Contract, and Supporting Data, February 21, 2013 (Request). PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 be no issue of market dominant products subsidizing competitive products as a result of this contract. Id. Related contract. The Postal Service included a redacted version of the related contract with the Request. Id. Attachment B. The contract is scheduled to become effective on March 12, 2013. Id. at 4. The contract will expire 3 years from the effective date unless, among other things, either party terminates the agreement upon 30 days’ written notice to the other party. Id. The Postal Service represents that the contract is consistent with 39 U.S.C. 3633(a). Id. Attachment E. The Postal Service filed much of the supporting materials, including the related contract, under seal. Id. Attachment F. It maintains that the redacted portions of the Governors’ Decision, contract, customer-identifying information, and related financial information, should remain confidential. Id. at 3. This information includes the price structure, underlying costs and assumptions, pricing formulas, information relevant to the customer’s mailing profile, and cost coverage projections. Id. The Postal Service asks the Commission to protect customer-identifying information from public disclosure indefinitely. Id. at 7. To clarify the record, the Postal Service is requested to provide written responses to the following questions. Answers should be provided to individual questions as soon as they are developed, but no later than March 1, 2013. 1. In the contract, the First Year Prices for the Second Quarter are based on the volume of the contract packages shipped during the previous quarter. The relevant provision references a chart ‘‘outlined below.’’ However, unlike the Third and Fourth Quarter Prices for the First Year, no chart is outlined in section I.G.2. Please clarify how the Second Quarter prices in the First Year will be determined. See id. Attachment B at 2. 2. In section VI of the contract, an exception to the parties’ inability to amend the contract appears to have been intended. Please clarify what was intended by this exception. See id. at 4. 3. In the contract, the First Year Prices for the Third Quarter are based on the volume of the contract packages shipped during the First Quarter rather than the Second Quarter. See id. at 2. Does this language accurately reflect the intent of the parties? If not, should that provision be modified to change First Quarter to Second Quarter? SUPPLEMENTARY INFORMATION: E:\FR\FM\28FEN1.SGM 28FEN1 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Notices II. Notice of Filings The Commission establishes Docket Nos. MC2013–40 and CP2013–52 to consider the Request pertaining to the proposed Priority Mail Contract 55 product and the related contract, respectively. 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, 39 CFR 3015.5, and 39 CFR part 3020, subpart B. Comments are due no later than March 4, 2013. The public portions of these filings can be accessed via the Commission’s Web site (http:// www.prc.gov). The Commission appoints Lyudmila Y. Bzhilyanskaya to serve as Public Representative in these dockets. III. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket Nos. MC2013–40 and CP2013–52 to consider the matters raised in each docket. 2. Pursuant to 39 U.S.C. 505, Lyudmila Y. Bzhilyanskaya is appointed to serve as an officer of the Commission to represent the interests of the general public in these proceedings (Public Representative). 3. Comments by interested persons in these proceedings are due no later than March 4, 2013. 4. Responses by the Postal Service to the Commission’s request for supplemental information are due no later than March 1, 2013. 5. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Ruth Ann Abrams, Acting Secretary. [FR Doc. 2013–04611 Filed 2–27–13; 8:45 am] BILLING CODE 7710–FW–P The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on February 21, 2013, it filed with the Postal Regulatory Commission a Request of the United States Postal Service To Add Express Mail Contract 14 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2013–41, CP2013–53. SUPPLEMENTARY INFORMATION: Stanley F. Mires, Attorney, Legal Policy & Legislative Advice. [FR Doc. 2013–04602 Filed 2–27–13; 8:45 am] BILLING CODE 7710–12–P Product Change—Priority Mail Negotiated Service Agreement ACTION: Postal ServiceTM. Notice. The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule’s Competitive Products List. SUMMARY: DATES: Effective date: February 28, 2013. FOR FURTHER INFORMATION CONTACT: Elizabeth A. Reed, 202–268–3179. The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on February 21, 2013, it filed with the Postal Regulatory Commission a Request of the United States Postal Service To Add Priority Mail Contract 55 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2013–40, CP2013–52. SUPPLEMENTARY INFORMATION: POSTAL SERVICE Stanley F. Mires, Attorney, Legal Policy & Legislative Advice. Product Change—Express Mail Negotiated Service Agreement [FR Doc. 2013–04605 Filed 2–27–13; 8:45 am] BILLING CODE 7710–12–P Postal ServiceTM. ACTION: Notice. AGENCY: The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule’s Competitive Products List. DATES: Effective date: February 28, 2013. FOR FURTHER INFORMATION CONTACT: Elizabeth A. Reed, 202–268–3179. mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:12 Feb 27, 2013 Jkt 229001 PO 00000 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–68962; File No. SR–OCC– 2013–01] Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Provide Clarifying Language To Conform Interpretive Guidance Concerning Options Overlying Fund Shares With OCC’s By-Laws Governing Adjustments February 21, 2013. POSTAL SERVICE AGENCY: 13715 Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that on February 14, 2013, The Options Clearing Corporation (‘‘OCC’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the rule change described in Items I, II and III below, which items have been prepared primarily by OCC. OCC filed the proposal pursuant to Section 19(b)(3)(A)(i) of the Act,3 and Rule 19b– 4(f)(1) 4 thereunder so that the proposal was effective upon filing with the Commission. The Commission is publishing this Notice to solicit comments on the rule change from interested persons. I. Self-Regulatory Organization’s Statement of Terms of Substance of the Proposed Rule Change OCC is providing clarifying language to conform interpretive guidance concerning options on fund shares with certain By-Law provisions that govern adjustments of contracts. II. Self-Regulatory Organization’s Statement of Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, OCC included statements concerning the purpose of and basis for the rule change and discussed any comments it received on the rule change. The text of these statements may be examined at the places specified in Item IV below. OCC has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.5 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A)(i). 4 17 CFR 240.19b–4(f)(1). 5 The Commission has modified the text of the summaries prepared by OCC. 2 17 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\28FEN1.SGM 28FEN1

Agencies

[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Notices]
[Pages 13714-13715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04611]


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POSTAL REGULATORY COMMISSION

[Docket No. MC2013-40 and CP2013-52; Order No. 1665]


New Postal Product

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commission is noticing a recent Postal Service filing 
concerning the addition of Priority Mail Contract 55 to the competitive 
product list. This notice informs the public of the filing, invites 
public comment, and takes other administrative steps.

DATES: Comments are due: March 4, 2013.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov. Those who cannot submit comments 
electronically should contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section by telephone for advice on filing 
alternatives.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
at 202-789-6820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. Notice of Filings
III. Ordering Paragraphs

I. Introduction

    In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the 
Postal Service filed a formal request and associated supporting 
information to add Priority Mail Contract 55 to the competitive product 
list.\1\ It asserts that Priority Mail Contract 55 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. 
MC2013-40.
---------------------------------------------------------------------------

    \1\ Request of the United States Postal Service to Add Priority 
Mail Contract 55 to Competitive Product List and Notice of Filing 
(Under Seal) of Unredacted Governors' Decision, Contract, and 
Supporting Data, February 21, 2013 (Request).
---------------------------------------------------------------------------

    The Postal Service contemporaneously filed a redacted contract 
related to the proposed new product under 39 U.S.C. 3632(b)(3) and 39 
CFR 3015.5. Id. Attachment B. The instant contract has been assigned 
Docket No. CP2013-52.
    Request. To support its Request, the Postal Service filed six 
attachments as follows:
     Attachment A--a redacted copy of Governors' Decision No. 
11-6, authorizing the new product;
     Attachment B--a redacted copy of the contract;
     Attachment C--proposed changes to the Mail Classification 
Schedule competitive product list with the addition underlined;
     Attachment D--a Statement of Supporting Justification as 
required by 39 CFR 3020.32;
     Attachment E--a certification of compliance with 39 U.S.C. 
3633(a); and
     Attachment F--an application for non-public treatment of 
materials to maintain redacted portions of the contract and related 
financial information under seal.
    In the Statement of Supporting Justification, Dennis R. Nicoski, 
Manager, Field Sales Strategy and Contracts, asserts that the contract 
will cover its attributable costs, make a positive contribution to 
covering institutional costs, and increase contribution toward the 
requisite 5.5 percent of the Postal Service's total institutional 
costs. Id. Attachment D at 1. Mr. Nicoski contends that there will be 
no issue of market dominant products subsidizing competitive products 
as a result of this contract. Id.
    Related contract. The Postal Service included a redacted version of 
the related contract with the Request. Id. Attachment B. The contract 
is scheduled to become effective on March 12, 2013. Id. at 4. The 
contract will expire 3 years from the effective date unless, among 
other things, either party terminates the agreement upon 30 days' 
written notice to the other party. Id. The Postal Service represents 
that the contract is consistent with 39 U.S.C. 3633(a). Id. Attachment 
E.
    The Postal Service filed much of the supporting materials, 
including the related contract, under seal. Id. Attachment F. It 
maintains that the redacted portions of the Governors' Decision, 
contract, customer-identifying information, and related financial 
information, should remain confidential. Id. at 3. This information 
includes the price structure, underlying costs and assumptions, pricing 
formulas, information relevant to the customer's mailing profile, and 
cost coverage projections. Id. The Postal Service asks the Commission 
to protect customer-identifying information from public disclosure 
indefinitely. Id. at 7.

SUPPLEMENTARY INFORMATION: To clarify the record, the Postal Service is 
requested to provide written responses to the following questions. 
Answers should be provided to individual questions as soon as they are 
developed, but no later than March 1, 2013.
    1. In the contract, the First Year Prices for the Second Quarter 
are based on the volume of the contract packages shipped during the 
previous quarter. The relevant provision references a chart ``outlined 
below.'' However, unlike the Third and Fourth Quarter Prices for the 
First Year, no chart is outlined in section I.G.2. Please clarify how 
the Second Quarter prices in the First Year will be determined. See id. 
Attachment B at 2.
    2. In section VI of the contract, an exception to the parties' 
inability to amend the contract appears to have been intended. Please 
clarify what was intended by this exception. See id. at 4.
    3. In the contract, the First Year Prices for the Third Quarter are 
based on the volume of the contract packages shipped during the First 
Quarter rather than the Second Quarter. See id. at 2. Does this 
language accurately reflect the intent of the parties? If not, should 
that provision be modified to change First Quarter to Second Quarter?

[[Page 13715]]

II. Notice of Filings

    The Commission establishes Docket Nos. MC2013-40 and CP2013-52 to 
consider the Request pertaining to the proposed Priority Mail Contract 
55 product and the related contract, respectively.
    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, 39 CFR 3015.5, and 39 CFR 
part 3020, subpart B. Comments are due no later than March 4, 2013. The 
public portions of these filings can be accessed via the Commission's 
Web site (http://www.prc.gov).
    The Commission appoints Lyudmila Y. Bzhilyanskaya to serve as 
Public Representative in these dockets.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket Nos. MC2013-40 and CP2013-52 
to consider the matters raised in each docket.
    2. Pursuant to 39 U.S.C. 505, Lyudmila Y. Bzhilyanskaya is 
appointed to serve as an officer of the Commission to represent the 
interests of the general public in these proceedings (Public 
Representative).
    3. Comments by interested persons in these proceedings are due no 
later than March 4, 2013.
    4. Responses by the Postal Service to the Commission's request for 
supplemental information are due no later than March 1, 2013.
    5. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2013-04611 Filed 2-27-13; 8:45 am]
BILLING CODE 7710-FW-P