24996 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices 

1Request of the United States Postal Service to 

Add First-Class Package Service Contract 1 to 

Competitive Product List and Notice of Filing 

(Under Seal) of Unredacted Governors’ Decision, 

Contract, and Supporting Data, April 17, 2012 

(Request). 

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 http:// 

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. 

Petitions for leave to intervene must 

be filed no later than 60 days from April 

26, 2012. Non-timely filings will not be 

entertained absent a determination by 

the presiding officer that the petition or 

request should be granted or the 

contentions should be admitted, based 

on a balancing of the factors specified in 

10 CFR 2.309(c)(1)(i)–(viii). 

Dated at Rockville, Maryland, this 17th day 

of April, 2012. 

For the Nuclear Regulatory Commission. 

Keith McConnell, 

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. 2012–10065 Filed 4–25–12; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket Nos. MC2012–11 and CP2012–19; 

Order No. 1321] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently-filed Postal Service request to 

add First-Class Package Service Contract 

1 to the competitive product list. This 

notice addresses procedural steps 

associated with the filing. 

DATES: Comments are due: May 4, 2012. 

ADDRESSES: Submit comments 

electronically by accessing the ‘‘Filing 

Online’’ link in the banner at the top of 

the Commission’s Web site (http:// 

www.prc.gov) or by directly accessing 

the Commission’s Filing Online system 

at https://www.prc.gov/prc-pages/filingonline/login.aspx. Commenters who 

cannot submit their views electronically 

should contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section as the source for case-related 

information for advice on alternatives to 

electronic filing. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

at 202–789–6820 (case-related 

information) or DocketAdmins@prc.gov 

(electronic filing assistance). 

SUPPLEMENTARY INFORMATION: 

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 First-Class Package Service Contract 

1 to the Competitive Product List.1 The 

Postal Service asserts that First-Class 

Package Service Contract 1 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. 

MC2012–11. 

The Postal Service 

contemporaneously filed a redacted 

contract related to the proposed new 

product. Id., Attachment B. The instant 

contract has been assigned Docket No. 

CP2012–19. 

Request. To support its Request, the 

Postal Service filed the following six 

attachments: 

• Attachment A—a redacted version 

of the Governors’ Decision and 

accompanying analysis. An explanation 

and justification is provided in the 

Governors’ Decision and analysis filed 

in the unredacted version under seal; 

• Attachment B—a redacted version 

of the instant contract; 

• Attachment C—the proposed 

changes in the Mail Classification 

Schedule 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)(1), 

(2), and (3); and 

• Attachment F—an Application for 

Non-public Treatment of the materials 

filed under seal. The materials filed 

under seal are the unredacted version of 

the instant contract and the required 

cost and revenue data. 

In the Statement of Supporting 

Justification, Dennis R. Nicoski, 

Manager, Field Sales Strategy and 

Contracts, asserts that the instant 

contract will cover its attributable costs, 

make a positive contribution to cover 

institutional costs, and increase 

contribution toward the requisite 5.5 

percent of the Postal Service’s 

institutional costs. Id., Attachment D at 

1. Mr. Nicoski contends that there will 

be no issue of subsidization of market 

dominant products by competitive 

products as a result of the instant 

contract. Id. 

Instant contract. The Postal Service 

included a redacted version of the 

instant contract with the Request. Id., 

Attachment B. It is scheduled to become 

effective on the day the Commission 

issues all necessary regulatory approval 

(Effective Date). Id. at 2. It will expire 

2 years from the Effective Date unless, 

among other things, either party 

terminates the agreement with 30 days 

written notice to the other party. Id. at 

2–3. The Postal Service represents that 

the related contract is consistent with 

39 U.S.C. 3633. Id., Attachment D. 

The Postal Service filed much of the 

supporting materials, including the 

unredacted version of the instant 

contract, under seal. Id., Attachment F. 

It maintains that the unredacted 

Governors’ Decision, the unredacted 

version of the instant contract, and 

supporting documents establishing 

compliance with 39 U.S.C. 3633 and 

39 CFR 3015.5 should remain 

confidential. Id. at 1. The Postal Service 

asks the Commission to protect 

customer-identifying information from 

public disclosure indefinitely. Id. 

II. Notice of Filings 

The Commission establishes Docket 

Nos. MC2012–11 and CP2012–19 to 

consider the Request and the instant 

contract, respectively. 

Interested persons may submit 

comments on whether the Postal 

Service’s filings in these 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 May 4, 2012. The 

public portions of these filings can be 

accessed via the Commission’s Web site 

(http://www.prc.gov). 

The Commission appoints Katalin K. 

Clendenin to serve as Public 

Representative in these dockets. 

III. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

Nos. MC2012–11 and CP2012–19 to 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices 24997 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Securities and Exchange Act Release No. 

66754 (April 6, 2012) (SR–Phlx–2012–41) which 

filing is immediately effective and will become 

operative on April 27, 2012. 

4The Exchange recently amended its Pricing 

Schedule to adopt a ‘‘Firm/Broker-Dealer/Market 

Maker’’ Routing Fee category. See Securities and 

Exchange Act Release No. 66755 (April 6, 2012) 

(SR–Phlx–2012–42). The pricing change was filed 

for immediate effectiveness with an operative date 

of April 27, 2012. 

5BATS defines Penny options as those issues that 

are quoted pursuant to BATS Rule 21.5, 

Interpretation and Policy .01. 

6See SR–BATS–2012–015. 

consider the matters raised in each 

docket. 

2. Pursuant to 39 U.S.C. 505, Katalin 

K. Clendenin is appointed to serve as 

officer of the Commission (Public 

Representative) to represent the 

interests of the general public in these 

proceedings. 

3. Comments by interested persons in 

these proceedings are due no later than 

May 4, 2012. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2012–10023 Filed 4–25–12; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66838; File No. SR–Phlx– 

2012–50] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating to 

Routing Fees 

April 20, 2012. 

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 April 11, 

2012, NASDAQ OMX PHLX LLC 

(‘‘Phlx’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘SEC’’ or ‘‘Commission’’) the proposed 

rule change as described in Items I, II, 

and III below, which Items have been 

prepared by the Exchange. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend 

certain Routing Fees to recoup costs 

incurred by the Exchange in routing to 

BATS Exchange, Inc. (‘‘BATS’’). 

The Exchange intends for these 

amendments to be effective upon filing, 

except with respect to the amendments 

related to the Firm/Broker-Dealer/ 

Market Maker category, which Routing 

Fees will be operative on April 27, 2012 

when SR–Phlx–2012–41 becomes 

operative.3

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http://nasdaqtrader.com/ 

micro.aspx?id=PHLXfilings, at the 

principal office of the Exchange, and at 

the Commission’s Public Reference 

Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange included statements 

concerning the purpose of and basis for 

the proposed rule change and discussed 

any comments it received on the 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. The 

Exchange has prepared summaries, set 

forth in sections A, B, and C below, of 

the most significant aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of this filing is to recoup 

costs that the Exchange incurs for 

routing and executing certain orders in 

equity and index options to BATS. The 

Exchange’s Pricing Schedule at Section 

V currently includes the following 

Routing Fees for routing Customer, 

Professional, Firm, Broker-Dealer and 

Market Maker orders to away markets.4

Exchange Customer Professional 

Firm/brokerdealer/ 

market maker 

NYSE AMEX .............................................................................................................................. $0.11 $0.31 $0.55 

BATS .......................................................................................................................................... 0.55 0.55 0.55 

BOX ........................................................................................................................................... 0.11 0.11 0.55 

CBOE ......................................................................................................................................... 0.11 0.31 0.55 

CBOE orders greater than 99 contracts in RUT, RMN, NDX, MNX, ETFs, ETNs and 

HOLDRs ................................................................................................................................. 0.29 0.31 0.55 

C2 .............................................................................................................................................. 0.55 0.56 0.55 

ISE ............................................................................................................................................. 0.11 0.29 0.55 

ISE Select Symbols* .................................................................................................................. 0.31 0.39 0.55 

NYSE ARCA (Penny Pilot) ........................................................................................................ 0.55 0.55 0.55 

NYSE ARCA (Standard) ............................................................................................................ 0.11 0.11 0.55 

NOM ........................................................................................................................................... 0.54 0.54 0.55 

NOM (NDX and MNX) ............................................................................................................... 0.56 0.56 0.55 

* These fees are applicable to orders routed to ISE that are subject to Rebates and Fees for Adding and Removing Liquidity in Select Symbols. See ISE’s Schedule of Fees for the complete list of symbols that are subject to these fees. 

The Exchange is proposing to amend 

the current BATS Routing Fees by 

renaming those fees as ‘‘BATS Penny.’’ 5

The Exchange is not proposing to 

amend the current rate of $0.55 per 

contract for Customers, Professionals, 

Firms, Broker-Dealers, and Market 

Makers, but proposes to apply those fees 

solely to Penny options routed to BATS. 

The Exchange proposes to create new 

Routing Fees to BATS for non-Penny 

options. BATS recently adopted a $0.75 

per contract non-Penny fee for 

customers that remove liquidity from 

the BATS Options order book and a 

$0.80 per contract non-Penny fee for 

professionals, firms and market makers 

that remove liquidity from the BATS 

Options order book.6 The Exchange is 

proposing to adopt BATS non-Penny 

Routing Fees to account for the new 


tkelley on DSK3SPTVN1PROD with NOTICES