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disability rating retroactively in 

accordance with §§ 3.156(c) and 

3.400(q)(2) of this part for the relevant 

period specified in paragraph (a)(2) of 

this section; or 

(3) At the time of death, the veteran 

had a service-connected disability that 

was continuously rated totally disabling 

by VA for the period specified in 

paragraph (a)(2), but was not receiving 

compensation because: 

(i) VA was paying the compensation 

to the veteran’s dependents; 

(ii) VA was withholding the 

compensation under authority of 38 

U.S.C. 5314 to offset an indebtedness of 

the veteran; 

(iii) The veteran had not waived 

retired or retirement pay in order to 

receive compensation; 

(iv) VA was withholding payments 

under the provisions of 10 U.S.C. 

1174(h)(2); 

(v) VA was withholding payments 

because the veteran’s whereabouts were 

unknown, but the veteran was otherwise 

entitled to continued payments based 

on a total service-connected disability 

rating; or 

(vi) VA was withholding payments 

under 38 U.S.C. 5308 but determines 

that benefits were payable under 38 

U.S.C. 5309. 

* * * * * 

PART 20—BOARD OF VETERANS’

APPEALS: RULES OF PRACTICE 

■ 5. The authority citation for part 20 

continues to read as follows: 

Authority: 38 U.S.C. 501(a) and as noted in 

specific sections. 

Subpart L—Finality 

■ 6. Section 20.1106 is revised to read 

as follows: 

§ 20.1106 Rule 1106. Claim for death 

benefits by survivor—prior unfavorable 

decisions during veteran’s lifetime. 

Except with respect to benefits under 

the provisions of 38 U.S.C. 1311(a)(2), 

1318, and certain cases involving 

individuals whose Department of 

Veterans Affairs benefits have been 

forfeited for treason or for subversive 

activities under the provisions of 38 

U.S.C. 6104 and 6105, issues involved 

in a survivor’s claim for death benefits 

will be decided without regard to any 

prior disposition of those issues during 

the veteran’s lifetime. 

* * * * * 

(Authority: 38 U.S.C. 7104(b)). 

[FR Doc. 05–23541 Filed 12–1–05; 8:45 am] 

BILLING CODE 8320–01–P 

POSTAL SERVICE 

39 CFR Part 111 

Domestic Mail: New Postal Rates and 

Fees 

AGENCY: Postal Service. 

ACTION: Notice of implementation of 

new domestic rates and fees. 

SUMMARY: The Governors of the U.S. 

Postal Service accepted the Postal Rate 

Commission’s recommendation to 

increase most postal rates and fees by 

approximately 5.4 percent. The Board of 

Governors set 12:01 a.m. Sunday, 

January 8, 2006, as the effective date for 

the new prices. 

EFFECTIVE DATE: 12:01 a.m., Sunday, 

January 8, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Sherry Suggs, 202–268–7261. 

SUPPLEMENTARY INFORMATION: On April 

8, 2005, the Postal Service filed with the 

Postal Rate Commission a Request for a 

Recommended Decision on Changes in 

Rates of Postage and Fees. The 

Commission designated the filing as 

Docket No. R2005–1. On November 1, 

2005, the Commission issued its 

Opinion and Recommended Decision. 

The Governors approved all of the 

Commission’s recommendations on 

November 14, 2005. Based on the 

decision of the Governors and 

Resolution No. 05–9 of the Board of 

Governors, the Postal Service adopts the 

new rates and fees and sets an effective 

date of 12:01 a.m., January 8, 2006. 

This price increase is the first since 

2002. It is needed to fulfill a Federal law 

passed in 2003 that requires the Postal 

Service to place $3.1 billion in escrow 

by September 30, 2006. 

Customers can find resources and 

additional information about the price 

change at usps.com/ratecase. A special 

issue of the Postal Bulletin with detailed 

information, new rate and fee tables, 

and revised ‘‘EZ’’ (simplified) postage 

statements will be available online 

December 1, 2005. The Postage Rate 

Calculators at pe.usps.com will reflect 

new rates and fees beginning January 8, 

2006. 

The Postal Service adopts the 

following new rates and fees. 

Conforming changes will be made 

throughout Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM), incorporated by 

reference in the Code of Federal 

Regulations. See 39 CFR 111.1. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 

401, 403, 404, 414, 3001–3011, 3201–3219, 

3403–3406, 3621, 3626, 5001. 

■ 2. Revise Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM), to adopt the 

following new rates and fees. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

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