Negotiated Service Agreement, 51757-51758 [2013-20281]

Download as PDF Federal Register / Vol. 78, No. 162 / Wednesday, August 21, 2013 / Notices service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in the NRC’s electronic hearing docket which is available to the public at https:// ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. Dated at Rockville, Maryland, this 7th day of August 2013. For the Nuclear Regulatory Commission. Andrew Persinko, Deputy Director, Decommissioning and Uranium Recovery Licensing Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. 2013–20421 Filed 8–20–13; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket No. CP2013–76; Order No. 1810] mstockstill on DSK4VPTVN1PROD with NOTICES Negotiated Service Agreement Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recent Postal Service filing concerning an additional Global Expedited Package Services (GEPS) 3 negotiated service agreement. This notice informs the SUMMARY: VerDate Mar<15>2010 16:29 Aug 20, 2013 Jkt 229001 public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: August 22, 2013. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at https:// 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. Background III. Contents of Filing IV. Commission Action V. Ordering Paragraphs I. Introduction On August 14, 2013, the Postal Service filed a notice stating that it has entered into an additional Global Expedited Package Services (GEPS) 3 negotiated service agreement (Agreement).1 The Postal Service seeks inclusion of the Agreement within the GEPS 3 product. Id. at 2. II. Background The Commission first approved the addition of a GEPS negotiated service agreement to the competitive product list as a result of consideration of Governors’ Decision No. 08–7 in Docket No. CP2008–5.2 The Commission later added GEPS 3 to the competitive product list and authorized the agreement filed in Docket No. CP2010– 71 to serve as the baseline agreement for comparison of potential functionally equivalent agreements.3 The Agreement is a successor to the negotiated service agreement that was the subject of Docket No. CP2012–34 and is set to expire on August 31, 2013. Notice at 3. The effective date of the Agreement is September 1, 2013. Id. It is set to expire on the later of one calendar year after the effective date or 1 Notice of United States Postal Service of Filing a Functionally Equivalent Global Expedited Package Services 3 Negotiated Service Agreement and Application for Non-Public Treatment of Materials Filed Under Seal, August 14, 2013 (Notice). 2 See Order No. 86, Docket No. CP2008–5, Order Concerning Global Expedited Package Services Contracts, June 27, 2008. 3 See Order No. 503, Docket Nos. MC2010–28 and CP2010–71, Order Approving Global Expedited Package Services 3 Negotiated Service Agreement, July 29, 2010. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 51757 the last day of the month that is one calendar year after the effective date. Id., Attachment 1 at 7. III. Contents of Filing The Notice includes the following attachments: • Attachment 1—a redacted copy of the Agreement; • Attachment 2—a redacted copy of the certified statement required by 39 CFR 3015.5(c)(2); • Attachment 3—a redacted copy of Governors’ Decision No. 08–7, which establishes prices and classifications for Global Expedited Package Services Contracts; and • Attachment 4—an application for non-public treatment of materials to be filed under seal. Materials filed under seal include unredacted copies of the Agreement, the certified statement, and supporting financial workpapers. Id., Attachment 4 at 3. The Postal Service filed redacted versions of the financial workpapers publically. In the Notice, the Postal Service asserts that the Agreement is functionally equivalent to the GEPS 3 baseline agreement, notwithstanding differences in two of the introductory paragraphs of the Agreement; revisions to several existing articles; and new, deleted, and renumbered articles. Id. at 4–7. The Postal Service states that these differences affect neither the fundamental service being offered under the Agreement nor the Agreement’s fundamental structure. Id. at 7. The Postal Service contends that the Agreement is in compliance with the requirements of 39 U.S.C. 3633 and that the Agreement is functionally equivalent to the baseline agreement. Id. The Postal Service therefore requests that the Commission add the Agreement to the GEPS 3 product. Id. IV. Commission Action The Commission establishes Docket No. CP2013–76 for consideration of matters raised by the Notice. Interested persons may submit comments on whether the Postal Service’s filings are consistent with 39 U.S.C. 3632, 3633, or 3642, 39 CFR part 3015, and subpart B of 39 CFR part 3020. Comments are due no later than August 22, 2013. The public portions of the Postal Service’s filing can be accessed via the Commission’s Web site, https:// www.prc.gov. Information concerning access to non-public material is located in 39 CFR part 3007. The Commission appoints Kenneth R. Moeller to serve as Public Representative in the above-captioned proceeding. E:\FR\FM\21AUN1.SGM 21AUN1 51758 Federal Register / Vol. 78, No. 162 / Wednesday, August 21, 2013 / Notices V. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket No. CP2013–76 for consideration of the matters raised by the Postal Service’s Notice. 2. Comments by interested persons in this proceeding are due no later than August 22, 2013. 3. Pursuant to 39 U.S.C. 505, the Commission appoints Kenneth R. Moeller to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this docket. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Shoshana M. Grove, Secretary. [FR Doc. 2013–20281 Filed 8–20–13; 8:45 am] BILLING CODE P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–70210; File Nos. SR–NYSE– 2013–42; SR–NYSEMKT–2013–50; SR– NYSEArca–2013–62) Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE MKT LLC; NYSE Arca, Inc.; Order Granting Approval of Proposed Rule Change Relating to a Corporate Transaction in Which NYSE Euronext Will Become a Wholly-Owned Subsidiary of IntercontinentalExchange Group, Inc. mstockstill on DSK4VPTVN1PROD with NOTICES August 15, 2013. I. Introduction On June 14, 2013, each of New York Stock Exchange LLC (‘‘Exchange’’), NYSE MKT LLC (‘‘NYSE MKT’’), and NYSE Arca, Inc. (‘‘NYSE Arca’’ and, with the Exchange and NYSE MKT, the ‘‘NYSE Exchanges’’), filed with the Securities and Exchange Commission (‘‘Commission’’), pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (‘‘Act’’),2 and Rule 19b–4 thereunder,3 proposed rule changes in which NYSE Euronext Holdings LLC (‘‘NYX Holdings’’), the successor entity to the NYSE Exchanges’ indirect parent, NYSE Euronext (‘‘NYSE Euronext’’), will become a wholly-owned subsidiary of IntercontinentalExchange Group, Inc. (‘‘ICE Group’’) The proposed rule changes were published for comment in the Federal Register on July 1, 2013.4 1 15 U.S.C. 78s(b)(1). U.S.C. 78a. 3 17 CFR 240.19b–4. 4 See Securities Exchange Act Release Nos. 69851 (June 25, 2013), 78 FR 39407 (July 1, 2013) (SR– 2 15 VerDate Mar<15>2010 16:29 Aug 20, 2013 Jkt 229001 The Commission received one comment letter on the NYSE proposal.5 The Exchange filed a response to these comments on August 8, 2013.6 The Commission has reviewed carefully the proposed rule changes, the comment letter, and finds that the proposed rule changes are consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange.7 In particular, the Commission finds that the proposed rule changes are consistent with Section 6(b) of the Act,8 which, among other things, requires a national securities exchange to be so organized and have the capacity to be able to carry out the purposes of the Act and to enforce compliance by its members and persons associated with its members with the provisions of the Act, the rules and regulations thereunder, and the rules of the exchange, and assure the fair representation of its members in the selection of its directors and administration of its affairs, and provide that one or more directors shall be representative of issuers and investors and not be associated with a member of the exchange, broker, or dealer. Section 6(b) of the Act 9 also requires that the rules of the exchange be designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. II. Discussion The Exchange, NYSE MKT and NYSE Arca have submitted their proposed rule changes in connection with the proposed business combination (the ‘‘Combination’’) pursuant to which NYSE Euronext’s successor entity, NYSE Euronext Holdings LLC (‘‘NYX Holdings’’), will become a whollyowned subsidiary of ICE Group. NYSE Euronext owns 100% of the equity interest of NYSE Group, Inc., a NYSE–2013–42) (‘‘Notice’’); 69849 (June 25, 2013), 78 FR 39369 (July 1, 2013)(SR–NYSEMKT–2013– 50) (‘‘NYSEMKT Notice’’); 69850 (June 25, 2013), 78 FR 39352 (July 1, 2013) (SR–NYSEArca–2013–62) (‘‘NYSE Arca Notice’’). 5 See Letter to Commission, from Andrew Rothlein, dated July 11, 2013 (‘‘Rothlein Letter’’). 6 See letter from Janet McGinness, NYSE, to Elizabeth M. Murphy, Secretary, Commission, dated August 8, 2013 (‘‘NYSE Response to Comment’’). On August 12, 2013, the Commission received a rebuttal letter to the NYSE Response to Comments (the ‘‘Rothlein Rebuttal Letter’’). 7 In approving the proposed rule changes, the Commission has considered their impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 8 15 U.S.C. 78f(b). 9 Id. PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 Delaware corporation (‘‘NYSE Group’’), which in turn directly or indirectly owns (1) 100% of the equity interest of the NYSE Exchanges and, (2) 100% of the equity interest of NYSE Market (DE), Inc. (‘‘NYSE Market’’), NYSE Regulation, Inc. (‘‘NYSE Regulation’’), NYSE Arca L.L.C., NYSE Arca Equities, Inc. (‘‘NYSE Arca Equities’’) and NYSE Amex Options LLC (‘‘NYSE Amex Options’’) (the NYSE Exchanges, together with NYSE Market, NYSE Regulation, NYSE Arca L.L.C., NYSE Arca Equities, NYSE Amex Options and any similar U.S. regulated entity acquired, owned or created after the date hereof, the ‘‘U.S. Regulated Subsidiaries’’ and each, a ‘‘U.S. Regulated Subsidiary’’). IntercontinentalExchange, Inc. (‘‘ICE’’) is an operator of regulated exchanges and clearing houses serving the risk management needs of global markets for agricultural, credit, currency, emissions, energy and equity index products. ICE owns ICE Futures Europe, ICE Futures U.S., Inc., ICE Futures Canada, Inc., ICE U.S. OTC Commodity Markets, LLC, and five central counterparty clearing houses, including ICE Clear Europe Limited and ICE Clear Credit LLC, each of which is registered as a clearing agency under Section 17A of the Exchange Act,10 ICE Clear U.S., Inc., ICE Clear Canada, Inc., and The Clearing Corporation, and owns 100% of the equity in Creditex Group Inc., which in turn indirectly owns Creditex Securities Corporation. Neither ICE Group nor any company owned by it directly or indirectly, including, but not limited to, those referenced in this paragraph, is a registered national securities exchange or a member of any U.S. Regulated Subsidiary. As a result of the Combination, the businesses of ICE and NYSE Euronext, including the U.S. Regulated Subsidiaries, will be held under ICE Group as a single publicly traded holding company that will be listed on the Exchange. The proposed rule changes are necessary to effectuate the consummation of the Combination and will not be operative until the date of the consummation of the Combination (the ‘‘Closing Date’’). The proposed rule changes and exhibits thereto contain modifications to the underlying corporate governance documents of the U.S. Regulated Subsidiaries and their respective direct and indirect owners that reflect the current structure of the Combination. The Commission notes that any changes to the structure of the Combination that are made subsequent to the date of this approval order but 10 15 E:\FR\FM\21AUN1.SGM U.S.C. 78q–1. 21AUN1

Agencies

POSTAL REGULATORY COMMISSION

[Federal Register Volume 78, Number 162 (Wednesday, August 21, 2013)]
[Notices]
[Pages 51757-51758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20281]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2013-76; Order No. 1810]


Negotiated Service Agreement

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recent Postal Service filing 
concerning an additional Global Expedited Package Services (GEPS) 3 
negotiated service agreement. This notice informs the public of the 
filing, invites public comment, and takes other administrative steps.

DATES: Comments are due: August 22, 2013.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at https://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. Background
III. Contents of Filing
IV. Commission Action
V. Ordering Paragraphs

I. Introduction

    On August 14, 2013, the Postal Service filed a notice stating that 
it has entered into an additional Global Expedited Package Services 
(GEPS) 3 negotiated service agreement (Agreement).\1\ The Postal 
Service seeks inclusion of the Agreement within the GEPS 3 product. Id. 
at 2.
---------------------------------------------------------------------------

    \1\ Notice of United States Postal Service of Filing a 
Functionally Equivalent Global Expedited Package Services 3 
Negotiated Service Agreement and Application for Non-Public 
Treatment of Materials Filed Under Seal, August 14, 2013 (Notice).
---------------------------------------------------------------------------

II. Background

    The Commission first approved the addition of a GEPS negotiated 
service agreement to the competitive product list as a result of 
consideration of Governors' Decision No. 08-7 in Docket No. CP2008-
5.\2\ The Commission later added GEPS 3 to the competitive product list 
and authorized the agreement filed in Docket No. CP2010-71 to serve as 
the baseline agreement for comparison of potential functionally 
equivalent agreements.\3\
---------------------------------------------------------------------------

    \2\ See Order No. 86, Docket No. CP2008-5, Order Concerning 
Global Expedited Package Services Contracts, June 27, 2008.
    \3\ See Order No. 503, Docket Nos. MC2010-28 and CP2010-71, 
Order Approving Global Expedited Package Services 3 Negotiated 
Service Agreement, July 29, 2010.
---------------------------------------------------------------------------

    The Agreement is a successor to the negotiated service agreement 
that was the subject of Docket No. CP2012-34 and is set to expire on 
August 31, 2013. Notice at 3. The effective date of the Agreement is 
September 1, 2013. Id. It is set to expire on the later of one calendar 
year after the effective date or the last day of the month that is one 
calendar year after the effective date. Id., Attachment 1 at 7.

III. Contents of Filing

    The Notice includes the following attachments:
     Attachment 1--a redacted copy of the Agreement;
     Attachment 2--a redacted copy of the certified statement 
required by 39 CFR 3015.5(c)(2);
     Attachment 3--a redacted copy of Governors' Decision No. 
08-7, which establishes prices and classifications for Global Expedited 
Package Services Contracts; and
     Attachment 4--an application for non-public treatment of 
materials to be filed under seal.
    Materials filed under seal include unredacted copies of the 
Agreement, the certified statement, and supporting financial 
workpapers. Id., Attachment 4 at 3. The Postal Service filed redacted 
versions of the financial workpapers publically.
    In the Notice, the Postal Service asserts that the Agreement is 
functionally equivalent to the GEPS 3 baseline agreement, 
notwithstanding differences in two of the introductory paragraphs of 
the Agreement; revisions to several existing articles; and new, 
deleted, and renumbered articles. Id. at 4-7. The Postal Service states 
that these differences affect neither the fundamental service being 
offered under the Agreement nor the Agreement's fundamental structure. 
Id. at 7.
    The Postal Service contends that the Agreement is in compliance 
with the requirements of 39 U.S.C. 3633 and that the Agreement is 
functionally equivalent to the baseline agreement. Id. The Postal 
Service therefore requests that the Commission add the Agreement to the 
GEPS 3 product. Id.

IV. Commission Action

    The Commission establishes Docket No. CP2013-76 for consideration 
of matters raised by the Notice. Interested persons may submit comments 
on whether the Postal Service's filings are consistent with 39 U.S.C. 
3632, 3633, or 3642, 39 CFR part 3015, and subpart B of 39 CFR part 
3020. Comments are due no later than August 22, 2013. The public 
portions of the Postal Service's filing can be accessed via the 
Commission's Web site, https://www.prc.gov. Information concerning 
access to non-public material is located in 39 CFR part 3007.
    The Commission appoints Kenneth R. Moeller to serve as Public 
Representative in the above-captioned proceeding.

[[Page 51758]]

V. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket No. CP2013-76 for 
consideration of the matters raised by the Postal Service's Notice.
    2. Comments by interested persons in this proceeding are due no 
later than August 22, 2013.
    3. Pursuant to 39 U.S.C. 505, the Commission appoints Kenneth R. 
Moeller to serve as an officer of the Commission (Public 
Representative) to represent the interests of the general public in 
this docket.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2013-20281 Filed 8-20-13; 8:45 am]
BILLING CODE P

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