Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices 18873 

1Notice of United States Postal Service of 

Amendment to Priority Mail Contract 63, with 

Portions Filed Under Seal, April 1, 2015 (Notice). 

2Request of the United States Postal Service to 

Add Priority Mail Contract 63 to Competitive 

Product List and Notice of Filing (Under Seal) of 

Unredacted Governors’ Decision, Contract, and 

Supporting Data, September 19, 2013 (Request). 

Although the Request appears to state that the 

certification only pertains to paragraphs (1) and (3) 

of 39 U.S.C. 3633(a), the certification itself contains 

an assertion that the prices are in compliance with 

39 U.S.C. 3633 (a)(1), (2), and (3). Request at 2; 

Attachment E. 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

Dated: April 3, 2015. 

Kim Miller, 

Management Analyst. 

[FR Doc. 2015–08061 Filed 4–7–15; 8:45 am] 

BILLING CODE 7036–01–P 

POSTAL REGULATORY COMMISSION 

[Docket No. CP2013–81; Order No. 2424] 

Amendment to Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recent Postal Service filing concerning 

an amendment to Priority Mail Contract 

63 negotiated service agreement. This 

notice informs the public of the filing, 

invites public comment, and takes other 

administrative steps. 

DATES: Comments are due: April 9, 

2015. 

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. Notice of Filings 

III. Ordering Paragraphs 

I. Introduction 

On April 1, 2015, the Postal Service 

filed notice that it has agreed to an 

Amendment to the existing Priority Mail 

Contract 63 negotiated service 

agreement approved in this docket.1 In 

support of its Notice, the Postal Service 

includes a redacted copy of the 

Amendment in Attachment A. Id., 

Attachment A. The Postal Service 

previously filed a certification of 

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

required by 39 CFR 3015.5.2

The Postal Service also filed the 

unredacted Amendment under seal. 

Notice at 1. The Postal Service states 

this Amendment will not materially 

affect the cost coverage of Priority Mail 

Contract 63 and asserts that the 

supporting financial documentation and 

financial certification initially provided 

in this docket remain applicable. Id. The 

Postal Service seeks to incorporate by 

reference the Application for NonPublic Treatment originally filed in this 

docket for the protection of information 

that it has filed under seal. Id. 

The Amendment revises the 

customer’s Priority Mail contract rates, 

which appear in Terms I.F, I.G, and I.H, 

and the annual adjustment, which is 

described in Term I.I. Notice, 

Attachment A at 1–3. 

The Postal Service intends for the 

Amendment to become effective one 

business day after the date that the 

Commission completes its review of the 

Notice. Notice at 1. The Postal Service 

asserts that the Amendment will not 

impair the ability of the contract to 

comply with 39 U.S.C. 3633. Id. 

II. Notice of Filings 

The Commission invites comments on 

whether the changes presented in the 

Postal Service’s Notice 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 April 9, 2015. The 

public portions of these filings can be 

accessed via the Commission’s Web site 

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

The Commission appoints Kenneth R. 

Moeller to represent the interests of the 

general public (Public Representative) 

in this docket. 

III. Ordering Paragraphs 

It is ordered: 

1. The Commission reopens Docket 

No. CP2013–81 for consideration of 

matters raised by the Postal Service’s 

Notice. 

2. 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 proceeding. 

3. Comments are due no later than 

April 9, 2015. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2015–07975 Filed 4–7–15; 8:45 am] 

BILLING CODE 7710–FW–P 

Railroad Retirement Board 

Sunshine Act; Notice of Public Meeting 

Notice is hereby given that the 

Railroad Retirement Board will hold a 

meeting on April 22, 2015, 10:00 a.m. at 

the Board’s meeting room on the 8th 

floor of its headquarters building, 844 

North Rush Street, Chicago, Illinois, 

60611. The agenda for this meeting 

follows: 

Portion open to the public: 

(1) Executive Committee Reports 

The person to contact for more 

information is Martha P. Rico, Secretary 

to the Board, Phone No. 312–751–4920. 

Dated: April 6, 2015. 

Martha P. Rico, 

Secretary to the Board. 

[FR Doc. 2015–08143 Filed 4–6–15; 11:15 am] 

BILLING CODE 7905–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–74640; File No. SR–NYSE– 

2015–13] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Amending its 

Price List To Specify That a Member 

Organization May Request That the 

Exchange Aggregate its Eligible 

Activity With Activity of the Member 

Organization’s Affiliates for Purposes 

of Charges or Credits Based on 

Volume 

April 2, 2015. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that on March 25, 

2015, 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 and II below, which Items have 

been 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 its 

Price List to specify that a member 

organization may request that the 

Exchange aggregate its eligible activity 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
18874 Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices 

4Effective December 1, 2014, NASDAQ amended 

Rule 7027 to harmonize the treatment of aggregation 

of affiliate activity of affiliated members to be 

consistent with the rules governing NOM and 

PHLX. See Securities Exchange Act Release No. 

72966 (Sept. 3, 2014), 79 FR 53473 (Sept. 9, 2014) 

(SR–NASDAQ–2014–083). NOM and PHLX also 

amended their respective rules to harmonize the 

process by which it collects information from its 

members for purposes of aggregating member 

activity between its equity and options markets. See 

Securities Exchange Act Release Nos. 72967 (Sept. 

2, 2014), 79 FR 53471 (Sept. 9, 2014) (SR– 

NASDAQ–2014–082) and 72969 (Sept. 3, 2014), 79 

FR 53485 (Sept. 9, 2014) (SR–PHLX–2014–56). 

5See NASDAQ Rule 7027(a)(1). 

6See NASDAQ Rule 7027(a)(2). 

7See supra note 4. 

8See supra note 5. 

9For example, the Price List specifies whether 

quoting and trading activity relating to 

Supplemental Liquidity Provider activity may be 

aggregated. 

10See NASDAQ Rule 7027(c). 

11 15 U.S.C. 78f(b). 

12 15 U.S.C. 78f(b)(4) and (5). 

13See supra note 4. 

with activity of the member 

organization’s affiliates for purposes of 

charges or credits based on volume. The 

text of the proposed rule change is 

available on the Exchange’s Web site at 

www.nyse.com, 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 

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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange proposes to amend its 

Price List to specify that member 

organizations may request that the 

Exchange aggregate their eligible 

activity with activity of member 

organization’s affiliates for purposes of 

charges or credits based on volume. The 

proposed rule change is based on 

NASDAQ Stock Market LLC 

(‘‘NASDAQ’’) Rule 7027, NASDAQ 

Options Market LLC (‘‘NOM’’) Rules at 

Chapter XV, and the NASDAQ OMX 

PHLX LLC (‘‘PHLX’’) Pricing Schedule.4

As proposed, for purposes of applying 

any provision of the Exchange’s Price 

List where the charge assessed, or credit 

provided, by the Exchange depends on 

the volume of a member organization’s 

activity, a member organization may 

request that the Exchange aggregate its 

eligible activity with activity of such 

member organization’s affiliates. The 

Exchange further proposes that a 

member organization requesting 

aggregation of eligible affiliate activity 

would be required to (1) certify to the 

Exchange the affiliate status of member 

organizations whose activity it seeks to 

aggregate prior to receiving approval for 

aggregation, and (2) inform the 

Exchange immediately of any event that 

causes an entity to cease being an 

affiliate. The Exchange would review 

available information regarding the 

entities and reserves the right to request 

additional information to verify the 

affiliate status of an entity. As further 

proposed, the Exchange would approve 

a request, unless it determines that the 

certificate is not accurate.5

The Exchange also proposes that if 

two or more member organizations 

become affiliated on or prior to the 

sixteenth day of a month, and submit 

the required request for aggregation on 

or prior to the twenty-second day of the 

month, an approval of the request 

would be deemed to be effective as of 

the first day of that month. If two or 

more member organizations become 

affiliated after the sixteenth day of a 

month, or submit a request for 

aggregation after the twenty second day 

of the month, an approval of the request 

would be deemed to be effective as of 

the first day of the next calendar 

month.6 The Exchange believes that this 

requirement, which is also similar to 

requirements of other exchanges,7

would be a fair and objective way to 

apply the aggregation rule to fees and 

streamline the billing process. 

The Exchange further proposes to 

provide that for purposes of applying 

any provision of the Price List where the 

charge assessed, or credit provided, by 

the Exchange depends upon the volume 

of a member organization’s activity, 

references to an entity would be deemed 

to include the entity and its affiliates 

that have been approved for 

aggregation.8 The Exchange notes that 

its designated market makers (‘‘DMM’’) 

are subject to specified pricing on the 

Price List. For purposes of the Price List, 

a DMM may not aggregate its volume 

either with other units within the same 

member organization or affiliates of the 

member organization operating the 

DMM unit. In addition, the Exchange 

proposes to provide that member 

organizations may not aggregate volume 

where the Price List specifies that 

aggregation is not permitted.9

Finally, the Exchange proposes that 

for purposes of the Price List, the term 

‘‘affiliate’’ would mean any member 

organization under 75% common 

ownership or control of that member 

organization.10

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act,11 in general, and 

furthers the objectives of Sections 

6(b)(4) and 6(b)(5) of the Act,12 in 

particular, because it provides for the 

equitable allocation of reasonable dues, 

fees, and other charges among member 

organizations and issuers and other 

persons using any facility or system 

with [sic] the Exchange operates or 

controls and because it is designed to 

prevent fraudulent and manipulative 

acts and practices, promote just and 

equitable principles of trade, remove 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system, and 

protect investors and the public interest. 

The Exchange further believes that the 

proposed rule change is reasonable 

because it establishes a manner for the 

Exchange to treat affiliated member 

organizations for purposes of assessing 

charges or credits that are based on 

volume. The provision is equitable 

because all member organizations 

seeking to aggregate their activity are 

subject to the same parameters, in 

accordance with a standard that 

recognizes an affiliation as of the 

month’s beginning or close in time to 

when the affiliation occurs, provided 

the member organization submits a 

timely request. Moreover, the proposed 

billing aggregation language, which 

would lower the Exchange’s 

administrative burden, is substantially 

similar to aggregation language adopted 

by other exchanges.13

The Exchange further notes that the 

proposal would serve to reduce 

disparity of treatment between member 

organizations with regard to the pricing 

of different services and reduce any 

potential for confusion on how activity 

can be aggregated. The Exchange 

believes that the proposed rule change 

avoids disparate treatment of member 

organizations that have divided their 

various business activities between 

separate corporate entities as compared 

to member organizations that operate 

those business activities within a single 

corporate entity. The Exchange further 

notes that the proposed rule change is 


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Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Notices 18875 

14 15 U.S.C. 78f(b)(8). 

15The Exchange has fulfilled this requirement. 

16 15 U.S.C. 78s(b)(3)(A). 

17 17 CFR 240.19b–4(f)(6). 

18 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b-4. 

reasonable and is designed to remove 

impediments to and perfect the 

mechanism of a free and open market by 

harmonizing the manner by which the 

Exchanges permits member 

organizations to aggregate volume with 

other exchanges. In particular, the 

Exchange notes that NASDAQ, PHLX 

and BX all have the same standard that 

the Exchange is proposing to adopt. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

In accordance with Section 6(b)(8) of 

the Act,14 the Exchange does not believe 

that the proposed rule change will 

impose any burden on intermarket or 

intramarket competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. As stated 

above, the proposed rule change, which 

applies equally to all member 

organizations, is intended to reduce the 

Exchange’s administrative burden in 

applying volume price discounts for 

firms which have requested aggregation 

with that of an affiliate member 

organization, and is substantially 

similar to rules adopted by other 

exchanges. Because the market for order 

execution and routing is extremely 

competitive, member organizations may 

readily opt to disfavor the Exchange if 

they believe that alternatives offer them 

better value. The Exchange does not 

believe the proposed changes will 

impair the ability of member 

organizations or competing order 

execution venues to maintain their 

competitive standing in the financial 

markets. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing rule does not (i) 

significantly affect the protection of 

investors or the public interest; (ii) 

impose any significant burden on 

competition; and (iii) become operative 

for 30 days from the date on which it 

was filed, or such shorter time as the 

Commission may designate if consistent 

with the protection of investors and the 

public interest, provided that the selfregulatory organization has given the 

Commission written notice of its intent 

to file the proposed rule change at least 

five business days prior to the date of 

filing of the proposed rule change or 

such shorter time as designated by the 

Commission,15 the proposed rule 

change has become effective pursuant to 

Section 19(b)(3)(A) of the Act 16 and 

Rule 19b–4(f)(6) thereunder.17

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. If the 

Commission takes such action, the 

Commission will institute proceedings 

to determine whether the proposed rule 

change should be approved or 

disapproved. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/

rules/sro.shtml); or 

• Send an email to rule-comments@

sec.gov. Please include File Number SR– 

NYSE–2015–13 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Brent J. Fields, Secretary, Securities 

and Exchange Commission, 100 F Street 

NE., Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–NYSE–2015–13. This file 

number should be included on the 

subject line if email is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for Web site viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE., 

Washington, DC 20549 on official 

business days between the hours of 

10:00 a.m. and 3:00 p.m. Copies of the 

filing will also be available for 

inspection and copying at the NYSE’s 

principal office and on its Internet Web 

site at www.nyse.com. All comments 

received will be posted without change; 

the Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR–NYSE– 

2015–13 and should be submitted on or 

before April 29, 2015. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.18

Brent J. Fields, 

Secretary. 

[FR Doc. 2015–07968 Filed 4–7–15; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–74631; File No. SR–PHLX– 

2015–31] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change to Move the 

Rule Text of Current Rule 1070, 

Customer Complaints, Into Rule 1028, 

Confirmations, To Accommodate an 

Upcoming Rulebook Reorganization 

April 2, 2015. 

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 March 24, 

2015, 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 the Substance 

of the Proposed Rule Change 

The Exchange proposes to move the 

rule text of current Rule 1070, Customer 

Complaints, into Rule 1028, 

Confirmations, to accommodate an 

upcoming rulebook reorganization. No 


asabaliauskas on DSK5VPTVN1PROD with NOTICES