44052 Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Notices 

1Request of the United States Postal Service for 

a Recommended Decision to Extend the Duration of 

the Previously Recommended Negotiated Service 

Agreement with Capital One, July 26, 2006 

(Request). 

2PRC Op. MC2002–2, May 15, 2003. 

3 Decision of the Governors of the United States 

Postal Service on the Opinion and Recommended 

Decision of the Postal Rate Commission 

Recommending Experimental Rate and Service 

Changes to Implement Negotiated Service 

Agreement with Capital One, Docket No. MC2002–

2, June 2, 2003. 

4Attachment A to the Request contains proposed 

changes to the Domestic Mail Classification 

Schedule; Attachment B contains the current rate 

schedules, which have not been modified from 

Docket No. MC2002–2; Attachment C is a 

certification required by Commission rule 193(i) 

specifying that the cost statements and supporting 

data submitted by the Postal Service, which purport 

to reflect the books of the Postal Service, accurately 

set forth the results shown by such books; 

Attachment D is an index of testimony and exhibits; 

Attachment E is a compliance statement addressing 

satisfaction of various filing requirements; 

Attachment F is a copy of the amendment to the 

Negotiated Service Agreement and the Negotiated 

Service Agreement itself; and Attachment G 

contains the decision of the Governors for the 

original Negotiated Service Agreement. 

that the proposed action is the preferred 

alternative. 

Agencies and Persons Consulted 

NRC provided a draft of this 

Environmental Assessment to PADEP 

for review on June 9, 2006. On June 14, 

2006, PADEP responded by email that 

PADEP staff involved with both 

radiation protection and with watershed 

management reviewed the EA. PADEP 

agreed with the conclusions of the EA, 

and otherwise had no comments. 

The NRC staff has determined that the 

proposed action is of a procedural 

nature, and will not affect listed species 

or critical habitat. Therefore, no further 

consultation is required under Section 7 

of the Endangered Species Act. The 

NRC staff has also determined that the 

proposed action is not the type of 

activity that has the potential to cause 

effects on historic properties. Therefore, 

no further consultation is required 

under Section 106 of the National 

Historic Preservation Act. 

III. Finding of No Significant Impact 

The NRC staff has prepared this EA in 

support of the proposed action. On the 

basis of this EA, the NRC finds that 

there are no significant environmental 

impacts from the proposed action, and 

that preparation of an environmental 

impact statement is not warranted. 

Accordingly, the NRC has determined 

that a Finding of No Significant Impact 

is appropriate. 

IV. Further Information 

Documents related to this action, 

including the application for license 

amendment and supporting 

documentation, are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this site, 

you can access the NRC’s Agencywide 

Document Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The documents related to 

this action are listed below, along with 

their ADAMS accession numbers. 

1. Amendment request with Erosion 

and Sediment Pollution Control Plan 

Revision 2, dated May 24, 2006 

(ML061570151); 

2. Title 25, Pennsylvania Code, 

Chapter 105, ‘‘Dam Safety and 

Waterway Management;’’

3. Title 40, Code of Federal 

Regulations, Part 230, Section 404(b)(1), 

‘‘Guidelines for Specification of 

Disposal Sites for Dredged or Fill 

Material;’’

4. Title 10, Code of Federal 

Regulations, Part 20, Subpart E, 

‘‘Radiological Criteria for License 

Termination;’’

5. Title 10, Code of Federal 

Regulations, Part 40, ‘‘Domestic 

Licensing of Source Material;’’

6. Title 10, Code of Federal 

Regulations, Part 51, ‘‘Environmental 

Protection Regulations for Domestic 

Licensing and Related Regulatory 

Functions;’’

If you do not have access to ADAMS, 

or if there are problems in accessing the 

documents located in ADAMS, contact 

the NRC Public Document Room (PDR) 

Reference staff at 1–800–397–4209, 301–

415–4737, or by e-mail to pdr@nrc.gov. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s PDR, O 1 F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Dated at King of Prussia, Pennsylvania, this 

25th day of July. 

For the Nuclear Regulatory Commission. 

Marie Miller, 

Chief, Decommissioning Branch, Division of 

Nuclear Materials Safety, Region I. 

[FR Doc. E6–12515 Filed 8–2–06; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL RATE COMMISSION 

[Docket No. MC2006–6; Order No. 1472] 

Extension of Negotiated Service 

Agreement 

AGENCY: Postal Rate Commission. 

ACTION: Notice and order. 

SUMMARY: This document informs the 

public that the Postal Service is seeking 

approval of a one-year extension of the 

negotiated service agreement with 

Capital One Services, Inc. The 

document describes the agreement, 

identifies certain preliminary decisions, 

and addresses procedural steps, 

including key deadlines. 

DATES: 1. August 14, 2006: Deadline for 

intervention, statements identifying 

issues requiring a hearing, and 

objections to rule 197 treatment. 

2. August 15, 2006: Prehearing 

conference. 

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 202–789–6820. 

Procedural History 

Capital One Services, Inc. Negotiated 

Service Agreement, 67 FR 61355 

(September 30, 2002). 

On July 26, 2006, the United States 

Postal Service filed a request seeking a 

recommended decision from the Postal 

Rate Commission approving a one-year 

extension of the negotiated service 

agreement with Capital One Services, 

Inc.1 The Capital One negotiated service 

agreement was first recommended by 

the Commission on May 15, 2003,2 and 

ordered into effect for a period of three 

years ending September 1, 2006, by the 

United States Postal Service Board of 

Governors.3 The Request, which 

includes seven attachments, was filed 

pursuant to chapter 36 of the Postal 

Reorganization Act, 39 U.S.C. 3601 et 

seq.4 The Postal Service asks that this 

case proceed under the Commission’s 

rules for requests to renew previously 

recommended negotiated service 

agreements with existing participants. 

Rule 197 [39 CFR 3001.197]. 

The Postal Service has identified 

Capital One Services, Inc. (Capital One), 

along with itself, as parties to the 

negotiated service agreement. This 

identification serves as notice of 

intervention by Capital One. It also 

indicates that Capital One shall be 

considered a co-proponent, 

procedurally and substantively, of the 

Postal Service’s Request during the 

Commission’s review of the negotiated 

service agreement. Rule 191(b) [39 CFR 

3001.191(b)]. 

In support of the direct case, the 

Postal Service has filed Direct 

Testimony of Jessica Lowrance on 


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Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Notices 44053 

5Notice of the United States Postal Service of 

Filing Request for a Recommended Decision to 

Extend the Duration of the Previously 

Recommended Negotiated Service Agreement with 

Capital One, July 26, 2006. 

6Motion of the United States Postal Service for 

Expedited Issuance of a Recommended Decision, 

July 26, 2006 (Motion). 

Behalf of the United States Postal 

Service, July 26, 2006 (USPS–T–1). The 

Request further relies on record 

evidence entered in Docket No. 

MC2002–2. The Postal Service’s 

Compliance Statement, Request 

Attachment E, identifies the Docket No. 

MC2002–2 material on which it 

proposes to rely. 

Rule 197(b) [39 CFR 3001.197(b)] 

requires the Postal Service to provide 

written notice of its Request, either by 

hand delivery or by First-Class Mail, to 

all participants in the Commission 

docket established to consider the 

original agreement, Docket No. 

MC2002–2. This requirement permits an 

abbreviated intervention period by 

providing additional time for the most 

likely participants to decide whether or 

not to intervene. A copy of the Postal 

Service’s notice was filed with the 

Commission on July 26, 2006.5

The Postal Service submitted a 

contemporaneous filing requesting the 

expedited issuance of a recommended 

decision.6 The Motion further requests 

that participants in this docket 

accompany their notices of intervention 

with detailed pleadings responding to 

an order to show cause why the term 

extension should not be recommended 

as proposed. 

The Postal Service’s Request, the 

accompanying testimony of witness 

Lowrance (USPS–T–1), the original 

Docket No. MC2002–2 material, and 

other related material are available for 

inspection at the Commission’s docket 

section during regular business hours. 

They also can be accessed 

electronically, via the Internet, on the 

Commission’s Web site (http:// 

www.prc.gov). 

I. Background: The Capital One 

Negotiated Service Agreement, 

Recommended in Docket No. MC2002– 

2 

The Capital One negotiated service 

agreement includes two significant mail 

service features that form the bases of 

the agreement—an address correction 

service feature, and a declining block 

rate volume discount feature. 

The address correction service feature 

provides Capital One, at certain levels of 

volume, electronic address corrections 

without fee for First-Class Mail 

solicitations that are undeliverable as 

addressed (UAA). In return for receipt of 

electronic address correction, Capital 

One will no longer receive physical 

return of its UAA First-Class solicitation 

mail that cannot be forwarded. Capital 

One will also be required to maintain 

and improve the address quality for its 

First-Class Mail. PRC Op. MC2002–2, 

para. 2004. 

Use of the address correction service 

feature is a prerequisite to use of the 

second feature of the negotiated service 

agreement, a declining block rate 

volume discount. This feature provides 

Capital One with a per-piece discount 

for bulk First-Class Mail volume above 

an annual threshold volume. The perpiece discount varies from 3 to 6 cents 

under a ‘‘declining-block’’ rate 

structure. 

The Commission’s analysis of the 

Capital One negotiated service 

agreement focused on assuring that the 

agreement would not make mailers 

other than Capital One worse off. Id., 

para. 8006. To meet this condition, the 

Commission’s recommendation of the 

Capital One negotiated service 

agreement included the addition of a 

provision establishing a cumulative 

three-year stop-loss limit on rate 

discounts of $40.637 million. Id., paras. 

5116, 8011. The Commission found that 

the estimates of before-rates volumes for 

Capital One were so unreliable that 

without a stop-loss provision there 

would be no reasonable assurance that 

the Postal Service would not lose money 

on the Capital One negotiated service 

agreement. Id., para. 8013. 

II. The Request to Extend the Duration 

of the Capital One Negotiated Service 

Agreement 

The Postal Service proposes to extend 

the duration of the ongoing negotiated 

service agreement with Capital One by 

one year while the parties develop a 

new negotiated service agreement to be 

filed in the upcoming year. The Postal 

Service asserts that the Capital One 

negotiated service agreement has proven 

successful, benefiting both the Postal 

Service and the mailing community as 

a whole. The Postal Service and Capital 

One propose no other modifications to 

the currently in effect negotiated service 

agreement and indicate their intent to 

terminate the ongoing agreement once a 

subsequent agreement is reached. 

Request Attachment F at 2. 

The Postal Service states that it is 

probable that no discounts will be 

earned in the third year of the 

agreement, but continuation of the 

agreement will serve two policy 

objectives. First, Capital One will be 

provided with an incentive to increase 

solicitations during the extension 

period. Second, Capital One will 

maintain its contractual obligation to 

employ worksharing practices related to 

Address Correction Service (ACS) as 

well as its agreement to participate in 

mail quality programs. 

The Postal Service asserts that the 

value from extending the current 

agreement will primarily occur from the 

use of electronic ACS notices to replace 

manual notices. The estimated savings 

from marketing pieces converted to 

electronic ACs notices in the extension 

period is $5.1 million. USPS–T–1 at 6. 

III. Commission Response 

Applicability of the rules for requests 

to renew previously recommended 

negotiated service agreements. For 

administrative purposes, the 

Commission has docketed the instant 

filing as a request predicated on the 

extension of a previously recommended 

negotiated service agreement which is 

currently in effect. A final 

determination regarding the appropriate 

characterization of the request and 

application of the expedited rules, rule 

197 [39 CFR 3001.197], will not be made 

until after the prehearing conference. 

Representation of the general public. 

In conformance with section 3624(c) of 

title 39, the Commission designates 

Shelley S. Dreifuss, director of the 

Commission’s Office of the Consumer 

Advocate, to represent the interests of 

the general public in this proceeding. 

Pursuant to this designation, Ms. 

Driefuss will direct the activities of 

Commission personnel assigned to 

assist her and, upon request, will supply 

their names for the record. Neither Ms. 

Dreifuss nor any of the assigned 

personnel will participate in or provide 

advice on any Commission decision in 

this proceeding. 

Intervention. Those wishing to be 

heard in this matter are directed to file 

a notice of intervention on or before 

August 14, 2006. The notice of 

intervention shall be filed using the 

Internet (Filing Online) at the 

Commission’s Web site (http:// 

www.prc.gov), unless a waiver is 

obtained for hardcopy filing. Rules 9(a) 

and 10(a) [39 CFR 3001.9(a) and 10(a)]. 

Notices should indicate whether 

participation will be on a full or limited 

basis. See rules 20 and 20a [39 CFR 

3001.20 and 20a]. No decision has been 

made at this point on whether a hearing 

will be held in this case. 

Prehearing conference. A prehearing 

conference will be held August 15, 

2006, at 2 p.m. in the Commission’s 

hearing room. Participants shall be 

prepared to address whether or not it is 

appropriate to proceed under rule 197 

[39 CFR 3001.197], and to identify any 

issue(s) that would indicate the need to 


hsrobinson on PROD1PC69 with NOTICES
44054 Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Notices 

schedule extended discovery or a 

hearing. Rule 197(c) [39 CFR 

3001.197(c)]. 

Participants intending to object to 

proceeding under rule 197 [39 CFR 

3001.197] shall file supporting written 

argument, if any, by August 14, 2006. 

Participants also shall file statements 

identifying issues that would indicate 

the need to schedule a hearing by 

August 14, 2006. The Commission 

intends to make a decision on these 

issues shortly after the prehearing 

conference. 

Motion for expedition. The Postal 

Service’s motion for expedition and to 

show cause is denied. Rule 197(d) [39 

CFR 3001.197(d)] already provides for 

expedited treatment of requests to 

renew negotiated service agreements. 

Likewise, rule 197(c) [38 CFR 

3001.197(c)] already requires 

participants to plead whether or not any 

material issues of fact exist that require 

discovery or evidentiary hearings at the 

time of the prehearing conference. 

Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

No. MC20056–6 to consider the Postal 

Service Request referred to in the body 

of this order. 

2. The Commission will sit en banc in 

this proceeding. 

3. Shelley S. Dreifuss, director of the 

Commission’s Office of the Consumer 

Advocate, is designated to represent the 

interests of the general public. 

4. The deadline for filing notices of 

intervention is August 14, 2006. 

5. A prehearing conference will be 

held August 15, 2006 at 2 p.m. in the 

Commission’s hearing room. 

6. Participants shall file statements 

identifying issues that would indicate 

the need to schedule a hearing, or 

objections to proceeding under rule 197 

[39 CFR 3001.197] by August 14, 2006. 

7. The Motion of the United States 

Postal Service for Expedited Issuance of 

a Recommended Decision, filed July 26, 

2006, is denied. 

8. The Secretary shall arrange for 

publication of this notice and order in 

the Federal Register. 

Issued: July 27, 2006. 

By the Commission. 

Steven W. Williams, 

Secretary. 

[FR Doc. 06–6653 Filed 8–2–06; 8:45 am] 

BILLING CODE 7710–FW–M 

RAILROAD RETIREMENT BOARD 

Proposed Collection; Comment 

Request 

SUMMARY: In accordance with the 

requirement of Section 3506(c)(2)(A) of 

the Paperwork Reduction Act of 1995 

which provides opportunity for public 

comment on new or revised data 

collections, the Railroad Retirement 

Board (RRB) will publish periodic 

summaries of proposed data collections. 

Comments are invited on: (a) Whether 

the proposed information collection is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information has practical 

utility; (b) the accuracy of the RRB’s 

estimate of the burden of the collection 

of the information; (c) ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden related to 

the collection of information on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Title and purpose of information 

collection: Job Information Report, OMB 

3220–0193. In July of 1997, the Railroad 

Retirement Board (RRB) adopted 

standards for the adjudication of 

occupational disabilities under the 

Railroad Retirement Act (RRA). As part 

of these standards, the RRB requests job 

information to determine an applicant’s 

eligibility for an occupational disability. 

The job information received from the 

railroad employer and railroad 

employee is compared, reconciled (if 

needed), and then used in the 

occupational disability determination 

process. The process of obtaining 

information from railroad employers 

used to determine an applicant’s 

eligibility for an occupational disability 

is outlined in 20 CFR 220.13. 

To determine an occupational 

disability, the RRB determines if an 

employee is precluded from performing 

the full range of duties of his or her 

regular railroad occupation. This is 

accomplished by comparing the 

restrictions on impairment(s) causes 

against an employee’s ability to perform 

his/her normal duties. To collect 

information needed to determine the 

effect of a disability on an applicant’s 

ability to work, the RRB needs the 

applicant’s work history. The RRB 

currently utilizes Form G–251, 

Vocational Report (OMB 3220–0141), to 

obtain this information from the 

employee applicant. 

Note: Form G–251 is provided to all 

applicants for employee disability annuities 

and to those applicants for a widow(er)’s 

disability annuity who indicate that they 

have been employed at some time. 

In accordance with the standards, the 

RRB also requests pertinent job 

information from employers. The 

employer is given thirty days from the 

date of the notice to respond. The 

responses are not required, but are 

voluntary. If the job information is 

received timely, it is compared to the 

job information provided by the 

employee. Any material differences are 

resolved by an RRB disability examiner. 

Once resolved, the information is 

compared to the restrictions caused by 

the medical impairment. If the 

restrictions prohibit the performance of 

the regular railroad occupation, the 

claimant is found occupationally 

disabled. 

The RRB uses two forms to secure job 

information data from the railroad 

employer. RRB Form G–251a, Employer 

Job Information (job description), is 

released to an employer when an 

application for an occupational 

disability is filed by an employee whose 

regular railroad occupation is one of the 

more common types of railroad jobs 

(locomotive engineer, conductor, 

switchman, etc.) It is accompanied by a 

*generic job description* for that 

particular railroad job. The generic job 

descriptions describe how these select 

occupations are generally performed in 

the railroad industry. However, not all 

occupations are performed the same 

way from railroad to railroad. Thus, the 

employer is given an opportunity to 

comment on whether the job description 

matches the employee’s actual duties. If 

the employer concludes that the generic 

job description accurately describes the 

work performed by the applicant, no 

further action will be necessary. If the 

employer determines that the tasks are 

different, it may provide the RRB with 

a description of the actual job tasks. The 

employer has thirty days from the date 

the form is released to reply. 

Form G–251b, Employer Job 

Information (general), is released to an 

employer when an application for an 

RRB occupational disability is filed by 

an employee whose regular railroad 

occupation does not have a generic job 

description. It notifies the employer that 

the employee has filed for a disability 

annuity and that, if the employer 

wishes, it may provide the RRB with job 

duty information. The type of 

information the RRB is seeking is 

outlined on the form. The employer has 

thirty days from the date the form is 

released to reply. 

The RRB proposes no changes to 

Forms G–251a and G–251b. 


hsrobinson on PROD1PC69 with NOTICES