Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Proposed Rules 9705 

customer payment portal or choose another 

method identified in the notification. The 

mailer may choose to dispute (see 4.4.7) the 

revenue deficiency during this 14-day period. 

The Postal Service may notify the postage 

evidencing system service provider to 

temporarily suspend the mailer’s account 

under the following conditions: 

a. After 14 days, if a mailer has not paid 

or disputed a revenue deficiency. 

b. When an electronic notification to a 

mailer is undeliverable. 

c. When a mailer’s cumulative revenue 

deficiency increases during the 14-day period 

due to additional mailpieces being identified 

as shortpaid or unpaid. 

4.4.7 Dispute Process 

To begin the dispute process, the mailer 

must access a Postal Service Web-based 

customer payment portal or choose another 

method identified in the electronic 

notification to substantiate that the postage 

affixed was valid and sufficient for the 

postage and fees. The process is as follows: 

a. The mailer will have 14 days from the 

date that the Postal Service sends the 

notification to dispute the revenue 

deficiency. 

b. The Postal Service will send electronic 

notification to the mailer of its decision to 

uphold or deny the dispute. If the Postal 

Service upholds the dispute, the mailer is not 

required to take further action. 

4.4.8 Denied Disputes and the Appeal 

Process 

When the Postal Service denies a mailer’s 

dispute of a revenue deficiency, the mailer 

will have 7 days from the date the Postal 

Service sends the notification of the denial to 

pay the revenue deficiency or file an appeal. 

To pay the dispute or file an appeal, the 

mailer must access a Postal Service Webbased customer payment portal or choose 

another method identified in the notification. 

To appeal, the mailer must provide 

additional information to substantiate that 

the postage affixed was valid and sufficient 

for the postage and fees. The Postal Service 

will send electronic notification to the mailer 

of its decision to uphold or deny the appeal. 

If the Postal Service upholds the appeal, the 

mailer is not required to take further action. 

The Postal Service may notify the postage 

evidencing system service provider to 

temporarily suspend the mailer’s account 

under the following conditions: 

a. After 7 days, if a mailer has not paid or 

appealed a revenue deficiency. 

b. When an electronic notification to a 

mailer is undeliverable. 

c. When a mailer’s cumulative revenue 

deficiency increases during the 7-day period 

due to additional mailpieces being identified 

as shortpaid or unpaid. 

4.4.9 Denied Appeals 

When the Postal Service denies the appeal, 

the mailer must pay the revenue deficiency 

within 7 days from the date that the Postal 

Service sends the electronic notification of 

denial by accessing a Postal Service Webbased customer payment portal or choosing 

another USPS-authorized method identified 

in the notification. The Postal Service may 

notify the postage evidencing system service 

provider to temporarily suspend the mailer’s 

account under the following conditions: 

a. After 7 days, if a mailer has not paid the 

revenue deficiency. 

b. When an electronic notification to a 

mailer is undeliverable. 

c. When a mailer’s cumulative revenue 

deficiency increases during the 7-day period 

due to additional mailpieces being identified 

as shortpaid or unpaid. 

* * * * * 

8.1 Insufficient Postage 

8.1.1 Definition 

[Revise the second and third sentences of 

8.1.1 as follows:] 

* * * Such individual pieces (or 

quantities fewer than 10) are delivered to the 

addressee on payment of the charges marked 

on the mail. For mailings of 10 or more 

pieces, the mailer is notified so that the 

postage charges may be paid before dispatch. 

For any mailpiece with insufficient postage 

generated by postage evidencing systems, the 

USPS may follow the process in 4.4.4 

through 4.4.9. 

* * * * * 

[Renumber current item 8.1.7 as 8.1.8 and 

add new 8.1.7 as follows:] 

8.1.7 Express Mail Corporate Accounts and 

Federal Agency Accounts 

Express Mail Corporate accounts and 

Federal government accounts that use a 

‘‘Postage and Fees Paid’’ indicia are debited 

for the correct amount of postage and fees at 

the time of mailing. 

[Revise the heading and text of renumbered 

8.1.8 as follows:] 

8.1.8 Express Mail With Insufficient 

Postage—Acceptance 

When any Express Mail item is received at 

the office of mailing with insufficient 

postage, the Postal Service will contact the 

mailer to correct the postage deficiency prior 

to dispatch of the item. If the mailer cannot 

be contacted prior to dispatch, the Postal 

Service will: 

a. Endorse the item ‘‘Postage Due.’’ 

b. Mark the item to show the total 

deficiency of postage and fees. 

c. Dispatch the item to the destination Post 

Office for delivery to the addressee upon 

payment of the postage due. 

d. If payment is refused by addressee, 

endorse the item ‘‘Return to Sender— 

Refused’’ and return the item to the sender 

upon collection of the postage deficiency. 

[Add new items 8.1.9 through 8.1.11 as 

follows:] 

8.1.9 Express Mail With Insufficient 

Postage—Processing Operations 

For an Express Mail item with insufficient 

postage identified in processing operations or 

at the destination Post Office, the Postal 

Service will: 

a. Endorse the item ‘‘Postage Due.’’ 

b. Mark the item to show the total 

deficiency of postage and fees. 

c. Deliver the item to the addressee upon 

payment of the postage due. 

d. If payment is refused by addressee, 

endorse the item ‘‘Return to Sender— 

Refused’’ and return the item to the sender, 

upon collection of the postage deficiency. 

8.1.10 Express Mail With Insufficient IBI 

Postage—Postage Evidencing Systems 

For an Express Mail item with insufficient 

IBI postage generated by postage evidencing 

systems, USPS may follow the process in 

4.4.4 through 4.4.9. 

8.1.11 Remailing Express Mail With 

Insufficient Postage 

The Postal Service returns an Express Mail 

item with insufficient postage to the sender 

upon collection of the postage deficiency 

when an effort to contact the sender before 

dispatch fails and when the addressee refuses 

to pay the postage due. Under these 

circumstances, if the sender remails the item, 

the sender must affix a new Express Mail 

label with new postage and fees to the item. 

* * * * * 

10.0 Revenue Deficiency 

10.1 General 

* * * * * 

10.1.2 Appeal of Ruling 

[Revise the first sentence of 10.1.2 as 

follows:] 

Except as provided in 4.4.4 through 4.4.9, 

10.2, and 703.1.0, a mailer may appeal a 

revenue deficiency assessment by sending a 

written appeal to the postmaster or manager 

in 10.1.2a through 10.1.2c within 30 days of 

receipt of the notification. * * * 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR 111 to reflect 

these changes if our proposal is 

adopted. 

Neva R. Watson, 

General Counsel, Legislative. 

[FR Doc. 2011–3798 Filed 2–18–11; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0011; FRL–9268–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Amendment to the Definition 

of Fuel-Burning Equipment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the State of 

Maryland amending the definition of 

‘‘fuel-burning equipment.’’ The revision 

removes the word ‘‘furnace’’ from the 

definition of ‘‘fuel-burning equipment’’ 

in one of Maryland’s regulations and 

also removes the redundant definition 

of ‘‘fuel-burning equipment’’ from 

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9706 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Proposed Rules 

another section. In the Final Rules 

section of this Federal Register, EPA is 

approving the State’s SIP submittal as a 

direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this action, no further 

activity is contemplated. If EPA receives 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 

DATES: Comments must be received in 

writing by March 24, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0011 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: fernandez.cristina@ 

epa.gov. 

C. Mail: EPA–R03–OAR–2011–0011, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0011. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

e-mail at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, concerning 

the definition of ‘‘fuel-burning 

equipment,’’ that is located in the ‘‘Rules 

and Regulations’’ section of this Federal 

Register publication. Please note that if 

EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

Dated: February 1, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–3723 Filed 2–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2010–1083; FRL–9268–4] 

Finding of Substantial Inadequacy of 

Implementation Plan; Call for Iowa 

State Implementation Plan Revision 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the 

Environmental Protection Agency’s 

(EPA) authority in the Clean Air Act 

(CAA), section 110 (k)(5), to call for plan 

revisions, EPA is proposing to find that 

the Iowa State Implementation Plan 

(SIP) is substantially inadequate to 

maintain the 2006 24-hour National 

Ambient Air Quality Standard (NAAQS) 

for PM2.5 in Muscatine County, Iowa. 

The specific SIP deficiencies needing 

revision are described below. EPA is 

also proposing to finalize a timeline for 

Iowa to revise its SIP to correct these 

deficiencies by a date which is no later 

than 18 months after the effective date 

of the final rule. 

DATES: Comments must be received on 

or before March 24, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2010–1083, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: casburn.tracey@epa.gov. 

3. Mail: Tracey Casburn, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

4. Hand Delivery or Courier: Deliver 

your comments to: Tracey Casburn, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2010– 

1083. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

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