Federal Register / Vol. 89, No. 5 / Monday, January 8, 2024 / Notices 963 

1See Docket No. RM2018–3, Order Adopting 

Final Rules Relating to Non-Public Information, 

June 27, 2018, Attachment A at 19–22 (Order No. 

4679). 

For the Nuclear Regulatory Commission. 

Christopher M. Regan, 

Director, Division of Rulemaking, 

Environmental, and Financial Support, Office 

of Nuclear Materials Safety and Safeguards. 

[FR Doc. 2024–00147 Filed 1–5–24; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket Nos. MC2024–152 and CP2024–158; 

MC2024–153 and CP2024–159; MC2024–154 

and CP2024–160; MC2024–155 and CP2024– 

161; MC2024–156 and CP2024–162; 

MC2024–157 and CP2024–163] 

New Postal Products 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recent Postal Service filing for the 

Commission’s consideration concerning 

a negotiated service agreement. This 

notice informs the public of the filing, 

invites public comment, and takes other 

administrative steps. 

DATES: Comments are due: January 9, 

2024. 

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: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Docketed Proceeding(s) 

I. Introduction 

The Commission gives notice that the 

Postal Service filed request(s) for the 

Commission to consider matters related 

to negotiated service agreement(s). The 

request(s) may propose the addition or 

removal of a negotiated service 

agreement from the Market Dominant or 

the Competitive product list, or the 

modification of an existing product 

currently appearing on the Market 

Dominant or the Competitive product 

list. 

Section II identifies the docket 

number(s) associated with each Postal 

Service request, the title of each Postal 

Service request, the request’s acceptance 

date, and the authority cited by the 

Postal Service for each request. For each 

request, the Commission appoints an 

officer of the Commission to represent 

the interests of the general public in the 

proceeding, pursuant to 39 U.S.C. 505 

(Public Representative). Section II also 

establishes comment deadline(s) 

pertaining to each request. 

The public portions of the Postal 

Service’s request(s) can be accessed via 

the Commission’s website (http://

www.prc.gov). Non-public portions of 

the Postal Service’s request(s), if any, 

can be accessed through compliance 

with the requirements of 39 CFR 

3011.301.1

The Commission invites comments on 

whether the Postal Service’s request(s) 

in the captioned docket(s) are consistent 

with the policies of title 39. For 

request(s) that the Postal Service states 

concern Market Dominant product(s), 

applicable statutory and regulatory 

requirements include 39 U.S.C. 3622, 39 

U.S.C. 3642, 39 CFR part 3030, and 39 

CFR part 3040, subpart B. For request(s) 

that the Postal Service states concern 

Competitive product(s), applicable 

statutory and regulatory requirements 

include 39 U.S.C. 3632, 39 U.S.C. 3633, 

39 U.S.C. 3642, 39 CFR part 3035, and 

39 CFR part 3040, subpart B. Comment 

deadline(s) for each request appear in 

section II. 

II. Docketed Proceeding(s) 

1. Docket No(s).: MC2024–152 and 

CP2024–158; Filing Title: USPS Request 

to Add Priority Mail & USPS Ground 

Advantage Contract 164 to Competitive 

Product List and Notice of Filing 

Materials Under Seal; Filing Acceptance 

Date: December 29, 2023; Filing 

Authority: 39 U.S.C. 3642, 39 CFR 

3040.130 through 3040.135, and 39 CFR 

3035.105; Public Representative: 

Samuel Robinson; Comments Due: 

January 9, 2024. 

2. Docket No(s).: MC2024–153 and 

CP2024–159; Filing Title: USPS Request 

to Add Priority Mail & USPS Ground 

Advantage Contract 165 to Competitive 

Product List and Notice of Filing 

Materials Under Seal; Filing Acceptance 

Date: December 29, 2023; Filing 

Authority: 39 U.S.C. 3642, 39 CFR 

3040.130 through 3040.135, and 39 CFR 

3035.105; Public Representative: 

Samuel Robinson; Comments Due: 

January 9, 2024. 

3. Docket No(s).: MC2024–154 and 

CP2024–160; Filing Title: USPS Request 

to Add Priority Mail & USPS Ground 

Advantage Contract 166 to Competitive 

Product List and Notice of Filing 

Materials Under Seal; Filing Acceptance 

Date: December 29, 2023; Filing 

Authority: 39 U.S.C. 3642, 39 CFR 

3040.130 through 3040.135, and 39 CFR 

3035.105; Public Representative: Alireza 

Motameni; Comments Due: January 9, 

2024. 

4. Docket No(s).: MC2024–155 and 

CP2024–161; Filing Title: USPS Request 

to Add Priority Mail Express, Priority 

Mail & USPS Ground Advantage 

Contract 41 to Competitive Product List 

and Notice of Filing Materials Under 

Seal; Filing Acceptance Date: December 

29, 2023; Filing Authority: 39 U.S.C. 

3642, 39 CFR 3040.130 through 

3040.135, and 39 CFR 3035.105; Public 

Representative: Samuel Robinson; 

Comments Due: January 9, 2024. 

5. Docket No(s).: MC2024–156 and 

CP2024–162; Filing Title: USPS Request 

to Add Priority Mail & USPS Ground 

Advantage Contract 167 to Competitive 

Product List and Notice of Filing 

Materials Under Seal; Filing Acceptance 

Date: December 29, 2023; Filing 

Authority: 39 U.S.C. 3642, 39 CFR 

3040.130 through 3040.135, and 39 CFR 

3035.105; Public Representative: Arif 

Hafiz; Comments Due: January 9, 2024. 

6. Docket No(s).: MC2024–157 and 

CP2024–163; Filing Title: USPS Request 

to Add Priority Mail & USPS Ground 

Advantage Contract 168 to Competitive 

Product List and Notice of Filing 

Materials Under Seal; Filing Acceptance 

Date: December 29, 2023; Filing 

Authority: 39 U.S.C. 3642, 39 CFR 

3040.130 through 3040.135, and 39 CFR 

3035.105; Public Representative: Arif 

Hafiz; Comments Due: January 9, 2024. 

This Notice will be published in the 

Federal Register. 

Erica A. Barker, 

Secretary. 

[FR Doc. 2024–00093 Filed 1–5–24; 8:45 am] 

BILLING CODE 7710–FW–P 

POSTAL REGULATORY COMMISSION 

[Docket No. ACR2023; Order No. 6909] 

FY 2023 Annual Compliance Report 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Postal Service has filed 

an Annual Compliance Report on the 

costs, revenues, rates, and quality of 

service associated with its products in 

fiscal year 2023. Within 90 days, the 

Commission must evaluate that 

information and issue its determination 

as to whether rates were compliant and 

whether service standards in effect were 

met. To assist in this, the Commission 

seeks public comments on the Postal 

Service’s Annual Compliance Report. 


ddrumheller on DSK120RN23PROD with NOTICES1
964 Federal Register / Vol. 89, No. 5 / Monday, January 8, 2024 / Notices 

1United States Postal Service FY 2023 Annual 

Compliance Report, December 29, 2023, at 1 (FY 

2023 ACR). Public portions of the Postal Service’s 

filing are available on the Commission’s website at 

http://www.prc.gov. 

2 In years prior to 2013, the Commission reviewed 

the Postal Service’s reports prepared pursuant to 39 

U.S.C. 2803 and 39 U.S.C. 2804 (filed as the 

Comprehensive Statement by the Postal Service) in 

its ACD. However, as it has for the past several 

years, the Commission intends to issue a separate 

notice soliciting comments on the Comprehensive 

Statement and provide its related analysis in a 

separate report from the ACD. 

3 Id. at 8. The Commission notes that, on 

December 8, 2023, the Postal Service filed a motion 

requesting a temporary waiver of 39 CFR 3050.10 

with respect to reporting disaggregated costs for 

USPS Ground Advantage in the FY 2023 ACR. See 

Motion of the United States Postal Service for 

Waiver of Rule 3050.10 with Respect to 

Disaggregated Ground Advantage Costs, December 

8, 2023 (Motion). The Commission has taken the 

Motion under advisement. See Order Taking Under 

Advisement Postal Service Motion for Waiver of 

Rule 39 CFR 3050.10 Regarding Disaggregated USPS 

Ground Advantage Cost Information, December 22, 

2023 (Order No. 6894). 

4 Id. at 48. See Docket No. RM2022–7, Order 

Revising Rules for Periodic Reporting of Service 

Performance, February 9, 2023 (Order No. 6439). 

DATES: Comments are due: January 30, 

2024. Reply Comments are due: 

February 13, 2024. 

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: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Overview of the Postal Service’s FY 2023 

ACR 

III. Procedural Steps 

IV. Ordering Paragraphs 

I. Introduction 

On December 29, 2023, the Postal 

Service filed with the Commission its 

Annual Compliance Report (ACR) for 

fiscal year (FY) 2023, pursuant to 39 

U.S.C. 3652.1 Section 3652 requires 

submission of data and information on 

the costs, revenues, rates, and quality of 

service associated with postal products 

within 90 days of the closing of each 

fiscal year. In conformance with other 

statutory provisions and Commission 

rules, the ACR includes the Postal 

Service’s FY 2023 Comprehensive 

Statement on Postal Operations, its FY 

2023 annual report to the Secretary of 

the Treasury on the Competitive 

Products Fund, and certain related 

Competitive Products Fund material. 

See respectively, 39 U.S.C. 3652(g), 39 

U.S.C. 2011(i), and 39 CFR 3060.20–23; 

FY 2023 ACR at 7. In line with past 

practice, some of the material in the FY 

2023 ACR appears in non-public 

annexes. 

The filing begins a review process that 

results in an Annual Compliance 

Determination (ACD) issued by the 

Commission to determine whether 

Postal Service products offered during 

FY 2023 were in compliance with 

applicable title 39 requirements. 

II. Overview of the Postal Service’s FY 

2023 ACR 

Contents of the filing. The Postal 

Service’s FY 2023 ACR consists of a 

112-page narrative; extensive additional 

material appended as separate folders 

and identified in Attachment One; and 

an application for non-public treatment 

of certain materials, along with 

supporting rationale, filed as 

Attachment Two. The filing also 

includes the Comprehensive 

Statement,2 Report to the Secretary of 

the Treasury, and information on the 

Competitive Products Fund filed in 

response to Commission rules. This 

material has been filed electronically 

with the Commission. 

Scope of the filing. The material 

appended to the narrative consists of: 

(1) domestic product costing material 

filed on an annual basis summarized in 

the Cost and Revenue Analysis (CRA); 

(2) comparable international costing 

material summarized in the 

International Cost and Revenue 

Analysis (ICRA); (3) worksharing-related 

cost studies; and (4) billing determinant 

information for both domestic and 

international mail. FY 2023 ACR at 6– 

7. Inclusion of these four data sets is 

consistent with the Postal Service’s past 

ACR practices. As with past ACRs, the 

Postal Service has split certain materials 

into public and non-public versions. Id. 

at 7. 

‘‘Roadmap’’ document. A roadmap to 

the FY 2023 ACR can be found in 

Library Reference USPS–FY23–9. Id. 

This document provides brief 

descriptions of the materials submitted, 

as well as the flow of inputs and outputs 

among them; a discussion of differences 

in methodology relative to Commission 

methodologies in last year’s ACD; and a 

list of special studies and a discussion 

of obsolescence, as required by 

Commission rule 39 CFR 3050.12. Id. at 

7–8. 

Methodology. The Postal Service 

states that it has adhered to the 

methodologies historically used by the 

Commission subject to changes 

identified and discussed in Library 

Reference USPS–FY23–9 and in 

prefaces accompanying the appended 

folders.3

Market Dominant product-by-product 

costs, revenues, and volumes. 

Comprehensive cost, revenue, and 

volume data for all Market Dominant 

products of general applicability are 

shown directly in the FY 2023 CRA or 

ICRA. FY 2023 ACR at 11. 

The FY 2023 ACR includes a 

discussion by class of each Market 

Dominant product, including costs, 

revenues, and volumes, workshare 

discounts, and passthroughs responsive 

to 39 U.S.C. 3652(b), and FY 2023 

promotions. Id. at 11–47. 

Service performance. The Postal 

Service notes that the Commission 

adopted several revisions related to the 

rules on periodic reporting of service 

performance measurement and 

customer satisfaction in FY 2023.4

Responsive information appears in 

Library Reference USPS–FY23–29. FY 

2023 ACR at 48. In addition, the FY 

2023 ACR discusses the Postal Service’s 

10-year strategic plan and postal 

product on-time performance. Id. at 48– 

57. 

Customer satisfaction. The FY 2023 

ACR discusses the Postal Service’s 

approach for measuring customer 

experience and satisfaction; discusses 

survey modifications; describes the 

methodology; presents a table with 

survey results; compares the results 

from FY 2022 to FY 2023; and provides 

information regarding consumer access 

to postal services. Id. at 57–95. 

Competitive products. The FY 2023 

ACR provides costs, revenues, and 

volumes for Competitive products of 

general applicability in the FY 2023 

CRA or ICRA. For Competitive products 

not of general applicability, data are 

provided in non-public Library 

References USPS–FY23–NP2 and 

USPS–FY23–NP27. Id. at 96. The FY 

2023 ACR also addresses the 

Competitive product pricing standards 

of 39 U.S.C. 3633. Id. at 96–107. 

Market tests; nonpostal services. The 

Postal Service discusses one market 

dominant market test conducted during 

FY 2023 as well as nonpostal services. 

Id. at 108–110. 

III. Procedural Steps 

Statutory requirements. Section 3653 

of title 39 requires the Commission to 

provide interested persons with an 

opportunity to comment on the ACR 

and to appoint an officer of the 

Commission (Public Representative) to 

represent the interests of the general 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 5 / Monday, January 8, 2024 / Notices 965 

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

2 17 CFR 240.19b–4. 

3See Exchange Rule 1.5(p). 

4The Exchange initially filed the proposed Fee 

Schedule changes on December 1, 2023 (SR– 

MEMX–2023–33). On December 13, 2023, the 

Exchange withdrew that filing and submitted SR– 

MEMX–2023–34. On December 19, 2023, the 

Exchange withdrew SR–MEMX–2023–34 and 

submitted SR–MEMX–2023–36. On December 20, 

2023, the Exchange withdrew SR–MEMX–2023–36 

and submitted this filing. 5See Securities Exchange Act Release No. 98585 

(September 28, 2023), 88 FR 68692 (October 4, 

2023) (SR–MEMX–2023–25). 6 15 U.S.C. 78s(b)(3)(A). A proposed rule change 

may take effect upon filing with the Commission if 

it is designated by the exchange as ‘‘establishing or 

changing a due, fee, or other charge imposed by the 

self-regulatory organization on any person, whether 

or not the person is a member of the self-regulatory 

organization.’’ 15 U.S.C. 78s(b)(3)(A)(ii). 7See supra note 5. 8See Securities Exchange Act Release No. 99017 

(November 24, 2023), 88 FR 83590 (November 30, 

Continued 

public. The Commission hereby solicits 

public comment on the Postal Service’s 

FY 2023 ACR and on whether any rates 

or fees in effect during FY 2023 (for 

products individually or collectively) 

were not in compliance with applicable 

provisions of chapter 36 of title 39 or 

Commission regulations promulgated 

thereunder. Commenters addressing 

Market Dominant products are referred 

in particular to the applicable 

requirements (39 U.S.C. 3622(d) and (e) 

and 39 U.S.C. 3626); objectives (39 

U.S.C. 3622(b)); and factors (39 U.S.C. 

3622(c)). Commenters addressing 

Competitive products are referred to 39 

U.S.C. 3633. 

The Commission also invites public 

comment on the cost coverage matters 

the Postal Service addresses in its filing; 

service performance results; levels of 

customer satisfaction achieved; and 

such other matters that may be relevant 

to the Commission’s review. 

Access to filing. The Commission has 

posted the publicly available portions of 

the FY 2023 ACR on its website at 

http://www.prc.gov. Interested persons 

may request access to non-public 

materials pursuant to 39 CFR 3011.301. 

Comment deadlines. Comments by 

interested persons are due on or before 

January 30, 2024. Reply comments are 

due on or before February 13, 2024. The 

Commission, upon completion of its 

review of the FY 2023 ACR, comments, 

and other data and information 

submitted in this proceeding, will issue 

its ACD. 

Public Representative. Kenneth R. 

Moeller is designated to serve as the 

Public Representative to represent the 

interests of the general public in this 

proceeding. Neither the Public 

Representative nor any additional 

persons assigned to assist him shall 

participate in or advise as to any 

Commission decision in this proceeding 

other than in his or her designated 

capacity. 

IV. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

No. ACR2023 to consider matters raised 

by the United States Postal Service’s FY 

2023 Annual Compliance Report. 

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

Commission appoints Kenneth R. 

Moeller as an officer of the Commission 

(Public Representative) in this 

proceeding to represent the interests of 

the general public. 

3. Comments on the United States 

Postal Service’s FY 2023 Annual 

Compliance Report to the Commission 

are due on or before January 30, 2024. 

4. Reply comments are due on or 

before February 13, 2024. 

5. The Secretary shall arrange for 

publication of this Order in the Federal 

Register. 

By the Commission. 

Erica A. Barker, 

Secretary. 

[FR Doc. 2024–00092 Filed 1–5–24; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–99259; File No. SR–MEMX– 

2023–38] 

Self-Regulatory Organizations; MEMX 

LLC; Notice of Filing and Immediate 

Effectiveness of a Proposed Rule 

Change To Amend the Exchange’s Fee 

Schedule To Establish an Options 

Regulatory Fee (‘‘ORF’’) 

January 2, 2024. 

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 December 

20, 2023, MEMX LLC (‘‘MEMX’’ 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 

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 is filing with the 

Commission a proposed rule change to 

amend the Exchange’s fee schedule 

applicable to Members 3 (the ‘‘Fee 

Schedule’’) pursuant to Exchange Rules 

15.1(a) and (c) to establish an Options 

Regulatory Fee (‘‘ORF’’) that would 

automatically sunset on May 31, 2024. 

The Exchange proposes to implement 

the changes to the Fee Schedule 

pursuant to this proposal immediately. 

The text of the proposed rule change is 

provided in Exhibit 5. 

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 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to establish 

an ORF in the amount of $0.0015 per 

contract side, effective immediately.4

The amount of the proposed fee is based 

on historical industry volume, projected 

volumes on the Exchange, and projected 

Exchange regulatory costs. The 

Exchange’s proposed ORF should 

balance the Exchange’s regulatory 

revenue against the anticipated 

regulatory costs. As discussed more 

fully below, the Exchange proposes that 

the ORF will automatically sunset on 

May 31, 2024. 

MEMX previously filed a proposal to 

establish an ORF in the amount of 

$0.0015 per contract side on September 

27, 2023 (the ‘‘Initial ORF Filing’’),5

which was immediately effective upon 

filing with the Commission pursuant to 

Section 19(b)(3)(A) of the Act.6 The 

Initial ORF Filing was published for 

comment in the Federal Register on 

October 4, 2023.7 The Commission 

received no comments on the Initial 

ORF Filing before November 24, 2023. 

On that date, the Commission issued a 

Suspension of and Order Instituting 

Proceedings to Determine whether to 

Approve or Disapprove a Proposed Rule 

Change to Amend its Fee Schedule to 

Establish an Options Regulatory Fee 

(‘‘the OIP’’) and requested public 

comment and additional information on 

various aspects of the Initial ORF 

Filing.8 To date, the Commission has 


ddrumheller on DSK120RN23PROD with NOTICES1