New Postal Product, 14307-14308 [2014-05448]

Download as PDF Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Notices Requirements in 10 CFR 51.22(c)(9)(iii) The proposed exemption would allow the use of the Optimized ZIRLOTM fuel rod cladding material in the reactors. Optimized ZIRLOTM has essentially the same properties as the currently licensed ZIRLO®. The use of the Optimized ZIRLOTM fuel rod cladding material will not significantly increase individual occupational radiation exposure, or significantly increase cumulative occupational radiation exposure. Therefore, the provision of 10 CFR 51.22(c)(9)(iii) is satisfied. Conclusion Based on the above, the NRC staff concludes that the proposed exemption meets the eligibility criteria for the categorical exclusion set forth in 10 CFR 51.22(c)(9). Therefore, in accordance with 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the NRC’s proposed issuance of this exemption. IV. Conclusions Accordingly, the Commission has determined that, pursuant to 10 CFR 50.12, the exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. Also, special circumstances are present. Therefore, the Commission hereby grants NextEra an exemption from the requirements of 10 CFR 50.46 and Appendix K to 10 CFR Part 50, to allow the use of Optimized ZIRLOTM fuel rod cladding material at Seabrook. As stated above, this exemption relates solely to the cladding material specified in these regulations. This exemption is effective upon issuance. Dated at Rockville, Maryland, this 28th day of February 2014. For the Nuclear Regulatory Commission. Michele Evans, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2014–05498 Filed 3–12–14; 8:45 am] BILLING CODE 7590–01–P TKELLEY on DSK3SPTVN1PROD with NOTICES POSTAL REGULATORY COMMISSION [Docket Nos. MC2014–21 and R2014–6; Order No. 2009] New Postal Product Postal Regulatory Commission. Notice. AGENCY: ACTION: VerDate Mar<15>2010 17:33 Mar 12, 2014 Jkt 232001 The Commission is noticing a recent Postal Service filing requesting the addition of PHI Acquisitions, Inc. to the market dominant product list. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: March 27, 2014. Reply comments are due: April 3, 2014. 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: Brian Corcoran, Acting General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: SUMMARY: Table of Contents I. Introduction II. Notice of Filings III. Ordering Paragraphs I. Introduction On March 5, 2014, the Postal Service filed a request pursuant to 39 U.S.C. 3622 and 3642, as well as 39 CFR 3010 and 3020, et seq., to add a PHI Acquisitions, Inc. (PHI) negotiated service agreement to the market dominant product list.1 Request. In support of its Request, the Postal Service filed six attachments as follows: • Attachment A—a copy of Governors’ Resolution No. 14–02, authorizing a negotiated service agreement with PHI; • Attachment B—a copy of the contract; • Attachment C—proposed descriptive language changes to the Mail Classification Schedule; • Attachment D—a proposed data collection plan; • Attachment E—a Statement of Supporting Justification as required by 39 CFR 3020.32, which the Postal Service also is using to satisfy the requirements of 39 CFR 3010.42(b)–(e); and • Attachment F—a financial model, which the Postal Service believes demonstrates that the agreement will have a net value of approximately $10.748 million.2 1 Notice of the United States Postal Service of Filing Contract and Supporting Data and Request to Add PHI Acquisitions, Inc. Negotiated Service Agreement to the Market-Dominant Product List, March 5, 2014 (Request). 2 This Attachment is also referred to as ‘‘Attachment X’’ in the Request. Request at 12. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 14307 In its Request, the Postal Service identifies Bruce Allen, Manager, Pricing Innovation as the official able to provide responses to queries from the Commission. In his Statement of Supporting Justification, Mr. Allen reviews the factors and objectives of section 3622(b) and (c) and concludes, inter alia, that the agreement will provide an incentive for profitable mail; will enhance the financial position of the Postal Service; will increase mail volume; will not imperil the ability of Standard Mail to cover its attributable costs; and promotes the use of intelligent mail. Id., Attachment E at 1– 3. The Postal Service believes that the PHI negotiated service agreement conforms to the policies of the Postal Accountability and Enhancement Act and meets the statutory standards supporting the desirability of this special classification under 39 U.S.C. 3622(c)(10). Request at 3. In particular, the Postal Service believes the agreement has the potential to enhance the Postal Service’s financial position, and it will not cause unreasonable harm to the marketplace. Id. Related contract. The Postal Service indicates that the agreement is designed to increase the total contribution the Postal Service receives from PHI Standard Mail Carrier Route Flats volume and revenue by generating new, incremental Standard Mail Carrier Route Flats volume and revenue. Id. at 6–7. The Postal Service describes the agreement and its four main components: (1) A volume threshold, (2) a volume threshold adjustment, (3) a volume commitment, and (4) rebates on qualifying Standard Mail Carrier Route Flats volume. Specifically, the volume threshold is based on the amount of PHI’s total volume for all four categories of Carrier Route Flats (Saturation, High Density Plus, High Density, and Basic), as well as Flats Sequencing System (‘‘FSS’’) Flats with a full-service IMb barcode.3 Id. The baseline for the volume threshold is PHI’s total volume for these categories over the four quarters from October 1, 2012 through September 30, 2013. For the first year of the agreement, the threshold is the baseline volume. Id. For years two through five of the agreement, the threshold is the previous year’s annual volume growth times the adjustment factor plus the previous year’s volume threshold. Id. at 7–8. 3 FSS Flats are included in the event FSS Flats become a category or sub-category during the term of the negotiated service agreement. Id. at 7. E:\FR\FM\13MRN1.SGM 13MRN1 TKELLEY on DSK3SPTVN1PROD with NOTICES 14308 Federal Register / Vol. 79, No. 49 / Thursday, March 13, 2014 / Notices The volume threshold adjustment is intended to ensure that, after rebates, total volume and contribution from PHI’s overall business will continue to grow and thus is adjusted upward annually. Id. The adjustment factor is based on the incremental response rate for the incremental volume and the aggregate number of catalogs mailed annually to each new buyer. Id. The agreement also contains a volume commitment, equal to the volume threshold. If the amount of PHI’s total volume from eligible Standard Mail Carrier Route Flats in the first year of the contract is less than the threshold, PHI must pay a $100,000 penalty to the Postal Service. Id. at 9. If PHI exceeds the quarterly volume threshold in any quarter, it will earn rebates on its qualifying Standard Mail Carrier Route Flats volume. The rebates for PHI’s qualifying mail will be determined based on the volume increase above the quarterly volume threshold. Id. For volume increases up to 10 percent above the quarterly threshold, PHI will receive a 10 percent rebate from published prices for all qualifying mail. Id. For volume increases between 10.01 percent and 18 percent above the quarterly threshold, PHI will receive a 15 percent rebate from published prices for all qualifying mail. Id. For volume increases over 18 percent above the quarterly threshold, PHI will receive a 20 percent rebate from published prices for all qualifying mail. Id. The Postal Service also describes several other elements of the agreement: (1) An acquisition clause, which accounts for the acquisition of another company or catalog title; (2) a divestiture clause, which accounts for decreased mailing activity due to the divestiture of a catalog title; (3) a termination clause, which allows either party to end the agreement with 30 days written notice to the other party, based on certain conditions, including a package volume commitment by PHI; (4) an option to renew clause, which allows the parties to renew the agreement for up to five additional years if specified criteria is met; and (5) an incentive programs clause, which allows PHI to participate in Postal Service incentive programs while preventing PHI from double-dipping on incentives. Id. at 9– 10. The Postal Service indicates that the contract will become effective July 1, 2014 or on a date agreed to by the parties. Id. at 1.4 The agreement will 4 The agreement states the effective date ‘‘shall be the day after the Commission issues all necessary regulatory approval.’’ Id., Attachment B at 12. VerDate Mar<15>2010 17:33 Mar 12, 2014 Jkt 232001 expire five years from the effective date. Id., Attachments A and B. Similarly situated mailers. With respect to potential similarly situated mailers, the Postal Service states that the design imperative, to generate additional contributions, and the basic structure of the agreement described in the Request, will guide the Postal Service in the negotiation of similar agreements as well as those that are substantially different. Id. at 10–11. It notes that in assessing the desirability of the agreement, the Postal Service believes that the defining characteristics of PHI are its size, its large but stagnant catalog mail volume history, and the availability of company mail and catalog data. Id. at 11. In offering a similar agreement to similarly situated customers, the Postal Service will look for these characteristics and for the customer to demonstrate that it has the resources and infrastructure to add significant incremental catalog volume. Id. Notice. The Postal Service represents that it will inform customers of the new classification changes and associated price effects through a notice published in the Federal Register. Id. at 1. II. Notice of Filing The Commission establishes Docket Nos. MC2014–21 and R2014–6 for consideration of the Request pertaining to the proposed new product and the related contract, respectively. Interested persons may submit comments on whether the Postal Service’s filing in the captioned dockets are consistent with the policies of 39 U.S.C. 3622 and 3642 as well as 39 CFR parts 3010 and 3020. Comments are due no later than March 27, 2014. Reply comments to initial comments are due no later than April 3, 2014. The filing can be accessed via the Commission’s Web site (http://www.prc.gov). The Commission appoints John P. Klingenberg to serve as Public Representative in these dockets. III. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket Nos. MC2014–21 and R2014–6 for consideration of the matters raised in each docket. 2. Pursuant to 39 U.S.C. 505, John P. Klingenberg is appointed to serve as officer of the Commission (Public Representative) to represent the interests of the general public in these proceedings. 3. Comments by interested persons in these proceedings are due no later than March 27, 2014. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 4. Reply comments may be filed no later than April 3, 2014. 5. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Ruth Ann Abrams, Acting Secretary. [FR Doc. 2014–05448 Filed 3–12–14; 8:45 am] BILLING CODE 7710–FW–P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. Extension: Rule 433, OMB Control No. 3235–0617, SEC File No. 270–558. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (‘‘Commission’’) is soliciting comments on the collections of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget (‘‘OMB’’) for extension and approval. Rule 433 (17 CFR 230.433) governs the use and filing of free writing prospectuses under the Securities Act of 1933 (15 U.S.C. 77a et seq.). The purpose of Rule 433 is to reduce the restrictions on communications that a company can make to investors during a registered offering of its securities, while maintaining a high level of investor protection. A free writing prospectus meeting the conditions of Rule 433(d)(1) must be filed with the Commission and is publicly available. We estimate that it takes approximately 1.3 burden hours per response to prepare a free writing prospectus and that the information is filed by 2,906 respondents approximately 1.25 times a year for a total of 3,633 responses. We estimate that 25% of the 1.3 burden hours per response (0.32 hours) is prepared by the company for total annual reporting burden of 1,163 hours (0.32 hours × 3,633 responses). Written comments are invited on: (a) Whether this proposed collection of information is necessary for the performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate E:\FR\FM\13MRN1.SGM 13MRN1

Agencies

[Federal Register Volume 79, Number 49 (Thursday, March 13, 2014)]
[Notices]
[Pages 14307-14308]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05448]


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POSTAL REGULATORY COMMISSION

[Docket Nos. MC2014-21 and R2014-6; Order No. 2009]


New Postal Product

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recent Postal Service filing 
requesting the addition of PHI Acquisitions, Inc. to the market 
dominant product list. This notice informs the public of the filing, 
invites public comment, and takes other administrative steps.

DATES: Comments are due: March 27, 2014. Reply comments are due: April 
3, 2014.

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: Brian Corcoran, Acting General 
Counsel, at 202-789-6820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. Notice of Filings
III. Ordering Paragraphs

I. Introduction

    On March 5, 2014, the Postal Service filed a request pursuant to 39 
U.S.C. 3622 and 3642, as well as 39 CFR 3010 and 3020, et seq., to add 
a PHI Acquisitions, Inc. (PHI) negotiated service agreement to the 
market dominant product list.\1\
---------------------------------------------------------------------------

    \1\ Notice of the United States Postal Service of Filing 
Contract and Supporting Data and Request to Add PHI Acquisitions, 
Inc. Negotiated Service Agreement to the Market-Dominant Product 
List, March 5, 2014 (Request).
---------------------------------------------------------------------------

    Request. In support of its Request, the Postal Service filed six 
attachments as follows:
     Attachment A--a copy of Governors' Resolution No. 14-02, 
authorizing a negotiated service agreement with PHI;
     Attachment B--a copy of the contract;
     Attachment C--proposed descriptive language changes to the 
Mail Classification Schedule;
     Attachment D--a proposed data collection plan;
     Attachment E--a Statement of Supporting Justification as 
required by 39 CFR 3020.32, which the Postal Service also is using to 
satisfy the requirements of 39 CFR 3010.42(b)-(e); and
     Attachment F--a financial model, which the Postal Service 
believes demonstrates that the agreement will have a net value of 
approximately $10.748 million.\2\
---------------------------------------------------------------------------

    \2\ This Attachment is also referred to as ``Attachment X'' in 
the Request. Request at 12.
---------------------------------------------------------------------------

    In its Request, the Postal Service identifies Bruce Allen, Manager, 
Pricing Innovation as the official able to provide responses to queries 
from the Commission. In his Statement of Supporting Justification, Mr. 
Allen reviews the factors and objectives of section 3622(b) and (c) and 
concludes, inter alia, that the agreement will provide an incentive for 
profitable mail; will enhance the financial position of the Postal 
Service; will increase mail volume; will not imperil the ability of 
Standard Mail to cover its attributable costs; and promotes the use of 
intelligent mail. Id., Attachment E at 1-3.
    The Postal Service believes that the PHI negotiated service 
agreement conforms to the policies of the Postal Accountability and 
Enhancement Act and meets the statutory standards supporting the 
desirability of this special classification under 39 U.S.C. 
3622(c)(10). Request at 3. In particular, the Postal Service believes 
the agreement has the potential to enhance the Postal Service's 
financial position, and it will not cause unreasonable harm to the 
marketplace. Id.
    Related contract. The Postal Service indicates that the agreement 
is designed to increase the total contribution the Postal Service 
receives from PHI Standard Mail Carrier Route Flats volume and revenue 
by generating new, incremental Standard Mail Carrier Route Flats volume 
and revenue. Id. at 6-7. The Postal Service describes the agreement and 
its four main components: (1) A volume threshold, (2) a volume 
threshold adjustment, (3) a volume commitment, and (4) rebates on 
qualifying Standard Mail Carrier Route Flats volume.
    Specifically, the volume threshold is based on the amount of PHI's 
total volume for all four categories of Carrier Route Flats 
(Saturation, High Density Plus, High Density, and Basic), as well as 
Flats Sequencing System (``FSS'') Flats with a full-service IMb 
barcode.\3\ Id. The baseline for the volume threshold is PHI's total 
volume for these categories over the four quarters from October 1, 2012 
through September 30, 2013. For the first year of the agreement, the 
threshold is the baseline volume. Id. For years two through five of the 
agreement, the threshold is the previous year's annual volume growth 
times the adjustment factor plus the previous year's volume threshold. 
Id. at 7-8.
---------------------------------------------------------------------------

    \3\ FSS Flats are included in the event FSS Flats become a 
category or sub-category during the term of the negotiated service 
agreement. Id. at 7.

---------------------------------------------------------------------------

[[Page 14308]]

    The volume threshold adjustment is intended to ensure that, after 
rebates, total volume and contribution from PHI's overall business will 
continue to grow and thus is adjusted upward annually. Id. The 
adjustment factor is based on the incremental response rate for the 
incremental volume and the aggregate number of catalogs mailed annually 
to each new buyer. Id. The agreement also contains a volume commitment, 
equal to the volume threshold. If the amount of PHI's total volume from 
eligible Standard Mail Carrier Route Flats in the first year of the 
contract is less than the threshold, PHI must pay a $100,000 penalty to 
the Postal Service. Id. at 9.
    If PHI exceeds the quarterly volume threshold in any quarter, it 
will earn rebates on its qualifying Standard Mail Carrier Route Flats 
volume. The rebates for PHI's qualifying mail will be determined based 
on the volume increase above the quarterly volume threshold. Id. For 
volume increases up to 10 percent above the quarterly threshold, PHI 
will receive a 10 percent rebate from published prices for all 
qualifying mail. Id. For volume increases between 10.01 percent and 18 
percent above the quarterly threshold, PHI will receive a 15 percent 
rebate from published prices for all qualifying mail. Id. For volume 
increases over 18 percent above the quarterly threshold, PHI will 
receive a 20 percent rebate from published prices for all qualifying 
mail. Id.
    The Postal Service also describes several other elements of the 
agreement: (1) An acquisition clause, which accounts for the 
acquisition of another company or catalog title; (2) a divestiture 
clause, which accounts for decreased mailing activity due to the 
divestiture of a catalog title; (3) a termination clause, which allows 
either party to end the agreement with 30 days written notice to the 
other party, based on certain conditions, including a package volume 
commitment by PHI; (4) an option to renew clause, which allows the 
parties to renew the agreement for up to five additional years if 
specified criteria is met; and (5) an incentive programs clause, which 
allows PHI to participate in Postal Service incentive programs while 
preventing PHI from double-dipping on incentives. Id. at 9-10.
    The Postal Service indicates that the contract will become 
effective July 1, 2014 or on a date agreed to by the parties. Id. at 
1.\4\ The agreement will expire five years from the effective date. 
Id., Attachments A and B.
---------------------------------------------------------------------------

    \4\ The agreement states the effective date ``shall be the day 
after the Commission issues all necessary regulatory approval.'' 
Id., Attachment B at 12.
---------------------------------------------------------------------------

    Similarly situated mailers. With respect to potential similarly 
situated mailers, the Postal Service states that the design imperative, 
to generate additional contributions, and the basic structure of the 
agreement described in the Request, will guide the Postal Service in 
the negotiation of similar agreements as well as those that are 
substantially different. Id. at 10-11. It notes that in assessing the 
desirability of the agreement, the Postal Service believes that the 
defining characteristics of PHI are its size, its large but stagnant 
catalog mail volume history, and the availability of company mail and 
catalog data. Id. at 11. In offering a similar agreement to similarly 
situated customers, the Postal Service will look for these 
characteristics and for the customer to demonstrate that it has the 
resources and infrastructure to add significant incremental catalog 
volume. Id.
    Notice. The Postal Service represents that it will inform customers 
of the new classification changes and associated price effects through 
a notice published in the Federal Register. Id. at 1.

II. Notice of Filing

    The Commission establishes Docket Nos. MC2014-21 and R2014-6 for 
consideration of the Request pertaining to the proposed new product and 
the related contract, respectively.
    Interested persons may submit comments on whether the Postal 
Service's filing in the captioned dockets are consistent with the 
policies of 39 U.S.C. 3622 and 3642 as well as 39 CFR parts 3010 and 
3020. Comments are due no later than March 27, 2014. Reply comments to 
initial comments are due no later than April 3, 2014. The filing can be 
accessed via the Commission's Web site (http://www.prc.gov).
    The Commission appoints John P. Klingenberg to serve as Public 
Representative in these dockets.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket Nos. MC2014-21 and R2014-6 for 
consideration of the matters raised in each docket.
    2. Pursuant to 39 U.S.C. 505, John P. Klingenberg is appointed to 
serve as officer of the Commission (Public Representative) to represent 
the interests of the general public in these proceedings.
    3. Comments by interested persons in these proceedings are due no 
later than March 27, 2014.
    4. Reply comments may be filed no later than April 3, 2014.
    5. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2014-05448 Filed 3-12-14; 8:45 am]
BILLING CODE 7710-FW-P