Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Notices 39123 

2Attachment A to the Request is the redacted 

version of the contract. Attachment B shows the 

requested changes to the Mail Classification 

Schedule product list. Attachment C provides a 

statement of supporting justification for this 

Request. Attachment D provides the certification of 

compliance with 39 U.S.C. 3633(a). 

1Request of the United States Postal Service to 

Add Priority Mail Contract 17 to Competitive 

Product List and Notice of Filing (Under Seal) of 

Contract and Supporting Data, July 24, 2009 

(Request). 

2Attachment A to the Request is the redacted 

version of the contract. Attachment B shows the 

requested changes to the Mail Classification 

Schedule product list. Attachment C provides a 

statement of supporting justification for this 

Request. Attachment D provides the certification of 

compliance with 39 U.S.C. 3633(a). 

requested changes in the Mail 

Classification Schedule product list; (3) 

a Statement of Supporting Justification 

as required by 39 CFR 3020.32; and (4) 

certification of compliance with 39 

U.S.C. 3633(a).2 Substantively, the 

Request seeks to add Priority Mail 

Contract 16 to the Competitive Product 

List. Id. at 1–2. 

In the statement of supporting 

justification, Mary Prince Anderson, 

Acting Manager, Sales and 

Communications, Expedited Shipping, 

asserts that the service to be provided 

under the contract will cover its 

attributable costs, make a positive 

contribution to institutional costs, and 

increase contribution toward the 

requisite 5.5 percent of the Postal 

Service’s total institutional costs. Id., 

Attachment C. Thus, Ms. Anderson 

contends there will be no issue of 

subsidization of competitive products 

by market dominant products as a result 

of this contract. Id. 

Related contract. A redacted version 

of the specific Priority Mail Contract 16 

is included with the Request. The 

contract will become effective on the 

day that the Commission provides all 

necessary regulatory approvals. It is 

terminable upon 30 days’ notice by a 

party, but could continue for 1 year 

without modification. The Postal 

Service represents that the contract is 

consistent with 39 U.S.C. 3633(a)(1). See 

id., Attachment D. 

The Postal Service will provide the 

shipper with customized pricing for 

eligible Priority Mail items shipped by 

the shipper, as well as Priority Mail 

packaging and labels. A party may not 

assign the agreement without the other 

party’s consent, which may not be 

unreasonably withheld. The Postal Service filed much of the 

supporting materials, including the 

specific Priority Mail Contract 16, under 

seal. In its Request, 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 2–3. 

II. Notice of Filings 

The Commission establishes Docket 

Nos. MC2009–36 and CP2009–55 for 

consideration of the Request pertaining 

to the proposed Priority Mail Contract 

16 product and the related contract, 

respectively. In keeping with practice, 

these dockets are addressed on a 

consolidated basis for purposes of this 

order; however, future filings should be 

made in the specific docket in which 

issues being addressed pertain. 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 and 39 

CFR part 3015 and 39 CFR part 3020 

subpart B. Comments are due no later 

than August 6, 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 these dockets. 

III. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

Nos. MC2009–36 and CP2009–55 for 

consideration of the matter raised in 

each docket. 

2. 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. 3. Comments by interested persons in 

these proceedings are due no later than 

August 6, 2009. 4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

Issued: July 29, 2009. 

By the Commission. 

Judith M. Grady, 

Acting Secretary. 

[FR Doc. E9–18768 Filed 8–4–09; 8:45 am] 

BILLING CODE 7710–FW–P 

POSTAL REGULATORY COMMISSION 

[Docket Nos. MC2009–37 and CP2009–56; 

Order No. 261] 

Priority Mail Contract 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recently-filed Postal Service Request to 

add Priority Mail Contract 17 to the 

Competitive Product List. The Postal 

Service has also filed a related contract. 

This notice addresses procedural steps 

associated with these filings. 

DATES: Comments are due August 6, 

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, 

at 202–789–6829 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

II. Notice of Filings 

III. Ordering Paragraphs 

I. Introduction 

On July 24, 2009, the Postal Service 

filed a formal request pursuant to 39 

U.S.C. 3642 and 39 CFR 3020.30 et seq. 

to add Priority Mail Contract 17 to the 

Competitive Product List.1 The Postal 

Service asserts that Priority Mail 

Contract 17 is a competitive product 

‘‘not of general applicability’’ within the 

meaning of 39 U.S.C. 3632(b)(3). The 

Postal Service states that prices and 

classification underlying this contract 

are supported by Governors’ Decision 

No. 09–6 in Docket No. MC2009–25. Id. 

at 1. The Request has been assigned 

Docket No. MC2009–37. 

The Postal Service 

contemporaneously filed a contract 

related to the proposed new product 

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

CFR 3015.5. The contract has been 

assigned Docket No. CP2009–56. 

Request. The Request includes (1) a 

redacted version of the contract; (2) 

requested changes in the Mail 

Classification Schedule product list; (3) 

a Statement of Supporting Justification 

as required by 39 CFR 3020.32; and (4) 

certification of compliance with 39 

U.S.C. 3633(a).2 Substantively, the 

Request seeks to add Priority Mail 

Contract 17 to the Competitive Product 

List. Id. at 1–2. 

In the Statement of Supporting 

Justification, Mary Prince Anderson, 

Acting Manager, Sales and 

Communications, Expedited Shipping, 

asserts that the service to be provided 

under the contract will cover its 

attributable costs, make a positive 

contribution to institutional costs, and 

increase contribution toward the 

requisite 5.5 percent of the Postal 

Service’s total institutional costs. Id., 

Attachment C. Thus, Ms. Anderson 

contends there will be no issue of 

subsidization of competitive products 


srobinson on DSKHWCL6B1PROD with NOTICES
39124 Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Notices 

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

2 17 CFR 240.19b–4. 

3NYSE Amex LLC has submitted a companion 

rule filing proposing corresponding amendments to 

NYSE Amex Disciplinary Rule 476A. See SR– 

NYSE–Amex–2009–47, formally submitted July 22, 

2009). 

4See NYSE Rule 104(f)(ii). 

by market dominant products as a result 

of this contract. Id. 

Related contract. A redacted version 

of the specific Priority Mail Contract 17 

is included with the Request. The 

contract will become effective on the 

day that the Commission provides all 

necessary regulatory approvals. It is 

terminable upon 30 days’ notice by 

either party, but could continue for 3 

years without modification. See id., 

Attachment A. The Postal Service 

represents that the contract is consistent 

with 39 U.S.C. 3633(a)(1). See id., 

Attachment D. 

The Postal Service will provide the 

shipper with customized pricing for 

eligible Priority Mail items shipped by 

the shipper, as well as Priority Mail 

packaging. The shipper will manifest 

pieces eligible for customized pricing, 

using a separate permit number to ship 

such pieces, and will begin using the 

Electronic Verification System (eVS) for 

shipments of such pieces. Annual price 

adjustments will be applied to shipper’s 

eligible mailpieces. A party may not 

assign the agreement without the other 

party’s consent, which may not be 

unreasonably withheld. 

The Postal Service filed much of the 

supporting materials, including the 

specific Priority Mail Contract 17, under 

seal. In its Request, 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 2–3. 

II. Notice of Filings 

The Commission establishes Docket 

Nos. MC2009–37 and CP2009–56 for 

consideration of the Request pertaining 

to the proposed Priority Mail Contract 

17 product and the related contract, 

respectively. In keeping with practice, 

these dockets are addressed on a 

consolidated basis for purposes of this 

Order; however, future filings should be 

made in the specific docket in which 

issues being addressed pertain. 

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 and 39 

CFR part 3015 and 39 CFR 3020 subpart 

B. Comments are due no later than 

August 6, 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 these dockets. 

III. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

Nos. MC2009–37 and CP2009–56 for 

consideration of the matter raised in 

each docket. 

2. 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. 

3. Comments by interested persons in 

these proceedings are due no later than 

August 6, 2009. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

Issued: July 29, 2009. 

By the Commission. 

Judith M. Grady, 

Acting Secretary. 

[FR Doc. E9–18769 Filed 8–4–09; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60399; File No. SR–NYSE– 

2009–72] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Amending 

NYSE Rule 476A To Add Rule 

104(a)(1)(A) to Its ‘‘List of Exchange 

Rule Violations and Fines Applicable 

Thereto Pursuant to Rule 476A’’ 

July 30, 2009. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 1 and Rule 19b–4 thereunder,2

notice is hereby given that, on July 22, 

2009, New York Stock Exchange LLC 

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

the Securities and Exchange 

Commission (the ‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been substantially prepared by the 

self-regulatory organization. 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 

NYSE Rule 476A to add Rule 

104(a)(1)(A) to its ‘‘List of Exchange 

Rule Violations and Fines Applicable 

Thereto Pursuant to Rule 476A.’’ 3 The 

text of the proposed rule change is 

available at the Exchange, the 

Commission’s Public Reference Room, 

and http://www.nyse.com. 

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 

self-regulatory organization 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 those 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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend 

NYSE Rule 476A to add Rule 

104(a)(1)(A) to its ‘‘List of Exchange 

Rule Violations and Fines Applicable 

Thereto Pursuant to Rule 476A.’’ 

Current NYSE Rule 104 

Current NYSE Rule 104 requires, inter 

alia, Designated Market Makers 

(‘‘DMMs’’) registered in one or more 

securities traded on the Exchange to 

engage in a course of dealings for their 

own account to assist in the 

maintenance of a fair and orderly 

market, insofar as reasonably 

practicable, by contributing liquidity 

when lack of price continuity and 

depth, or disparity between supply and 

demand, exists or is reasonably to be 

anticipated.4 This includes an 

affirmative obligation to provide quotes 

at the National Best Bid or Offer a 

minimum percentage of the trading day 

(‘‘Affirmative Quote Obligation’’). 

The DMMs’ Affirmative Quote 

Obligation is set forth in NYSE Rule 

104(a)(1)(A). Section (a)(1)(A) of Rule 

104 requires DMMs to maintain a bid or 

an offer at the National Best Bid and 

National Best Offer (‘‘inside’’) at least 

10% of the trading day for securities in 

which the DMM unit is registered with 

an average daily volume on the 

Exchange of less than one million 


srobinson on DSKHWCL6B1PROD with NOTICES