22586 Federal Register / Vol. 87, No. 73 / Friday, April 15, 2022 / Notices 

Handling constitutes a material modification of a 

product description subject to 39 CFR part 3040, 

subpart E, rather than the removal of a product 

subject to Subpart B. See Request at 1 n.1. 

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

2 17 CFR 240.19b–4. 

3 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). 

4 15 U.S.C. 78s(b)(3)(C). 

5 15 U.S.C. 78s(b)(2)(B). 

6See Securities Exchange Act Release No. 94287 

(February 18, 2022), 87 FR 10837. 

7 17 CFR 200.30–3(a)(12). 

II. Summary of Changes 

The Postal Service intends to 

discontinue the Special Handling 

service and seeks to remove all 

references to it from the MCS. Request 

at 1–2. It explains that Special Handling 

is an extra offering available for certain 

mailing and shipping services that 

allows mailers to request careful 

treatment of their items for a $12.15 fee. 

See id. at 2–3. According to the Postal 

Service, however, ‘‘experience indicates 

that observance of [instructions to treat 

these items with care] is inconsistent’’ 

and many items do not receive the label 

that should inform handlers of these 

instructions. Id. Moreover, the Postal 

Service states that ‘‘[m]any types of 

sensitive goods for which mailers 

purchase Special Handling already 

require special packing, packaging, and 

labeling,’’ thus compliance with those 

requirements signals that the handler is 

to give the item special attention and 

rendering the Special Handling 

designation superfluous. Id. at 3. The 

Postal Service contends that 

‘‘purchaser[s] of Special Handling may 

expect a level of service or sanctity from 

the Postal Service that is not fully 

contemplated or provided.’’ Id. 

Additionally, the Postal Service 

asserts that the proposed change will 

better align the value of the service with 

customer expectations. Id. According to 

the Postal Service, Special Handling 

does not correspond with market 

expectations because private companies 

do not offer their customers an 

expectation of special handling for 

fragile items that are packed by the 

customer (with or without a fee). Id. at 

4. Instead, the Postal Service contends 

that throughout the parcel shipping 

industry, a customer preparing fragile 

items for shipping bears the burden ‘‘to 

self-insure via adequate packagepreparation practices, accepting the risk 

of damage or loss from any shortfalls.’’ 

Id. 

The Postal Service maintains that the 

proposed change ‘‘is not inconsistent 

with the policies and applicable criteria 

of 39 U.S.C. Chapter 36 or any 

regulatory rules or directives.’’ Id. The 

Postal Service further asserts that these 

provisions are inapplicable to the 

proposed change. See id. Nevertheless, 

‘‘to the extent that the Commission 

might deem such provisions to 

articulate general policies,’’ the Postal 

Service contends that it has considered 

the factors set forth in 39 U.S.C. 3622(c) 

and the provisions appearing in 39 

U.S.C. 101, 403, and 404. See id. at 4– 

5. 

With respect to the impact of the 

proposed change, the Postal Service 

does not expect that customers will 

experience a material diminution in the 

services received. Id. at 5. According to 

the Postal Service, the proposed change 

will improve the customer experience 

by decreasing mailing costs and better 

aligning customer expectations with 

operational realities and industry 

practice. Id. at 5–6. Finally, the Postal 

Service expects that the proposed 

change will not impact competitors 

significantly ‘‘because no commercial 

competitors offer a similar service.’’ Id. 

at 6. 

III. Notice of Commission Action 

Pursuant to 39 CFR 3040.182, the 

Commission has posted the Request on 

its website and invites comments on 

whether the Postal Service’s filings are 

consistent with 39 CFR 3040.180. 

Comments are due no later than April 

22, 2022. The filing can be accessed via 

the Commission’s website (http://

www.prc.gov). 

The Commission appoints Matthew 

Ashford to represent the interests of the 

general public (Public Representative) 

in this docket. 

IV. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

No. MC2022–51 to consider matters 

raised by this Notice. 

2. Comments by interested persons 

are due by April 22, 2022. 

3. Pursuant to 39 U.S.C. 505, Mathew 

Ashford is appointed to serve as an 

officer of the Commission (Public 

Representative) to represent the 

interests of the general public in this 

proceeding. 

4. The Commission directs the 

Secretary of the Commission to arrange 

for prompt publication of this notice in 

the Federal Register. 

By the Commission. 

Jennie L. Jbara, 

Alternate Certifying Officer. 

[FR Doc. 2022–08095 Filed 4–14–22; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–94681; File No. SR– 

PEARL–2022–05] 

Self-Regulatory Organizations; MIAX 

PEARL LLC; Notice of Withdrawal of 

Proposed Rule Change To Amend the 

MIAX PEARL Options Fee Schedule To 

Remove Certain Credits and Increase 

Trading Permit Fees 

April 11, 2022. 

On February 15, 2022, MIAX PEARL 

LLC (‘‘MIAX Pearl’’ or ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’), pursuant 

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

Exchange Act of 1934 (‘‘Act’’),1 and 

Rule 19b–4 thereunder,2 a proposed rule 

change to amend the MIAX Pearl 

Options Fee Schedule to remove certain 

credits and increase the monthly 

Trading Permit fees. 

The proposed rule change was 

immediately effective upon filing with 

the Commission pursuant to Section 

19(b)(3)(A) of the Act.3 On February 25, 

2022, the proposed rule change was 

published for comment in the Federal 

Register and, pursuant to Section 

19(b)(3)(C) of the Act,4 the Commission: 

(1) Temporarily suspended the 

proposed rule change; and (2) instituted 

proceedings under Section 19(b)(2)(B) of 

the Act 5 to determine whether to 

approve or disapprove the proposed 

rule change.6 On March 30, 2022, the 

Exchange withdrew the proposed rule 

change (SR–PEARL–2022–05). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.7

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2022–08061 Filed 4–14–22; 8:45 am] 

BILLING CODE 8011–01–P 


jspears on DSK121TN23PROD with NOTICES1