9700 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Proposed Rules 

described in the draft paper ‘‘Using the 

Experience Curve Approach for 

Appliance Price Forecasting’’ posted on 

the DOE Web site at http:// 

www.eere.energy.gov/buildings/ 

appliance_standards. 

7. DOE seeks comment on data 

sources and analytical methods for 

estimating potential consumer welfare 

impacts from energy conservation 

standards, including information on 

specific consumer subgroups of 

products regulated under the energy 

conservation program. 

Procedural Issues 

1. DOE seeks comment on the details 

of how equipment price forecasts and 

consumer welfare impacts may be 

incorporated into specific downstream 

analyses that rely on the engineering 

analysis outputs and what other 

methodological changes to those 

analyses might be merited. 

2. DOE seeks comment on products or 

equipment, or groups of products or 

equipment, that are likely to have the 

greatest and least improvement in price 

forecast accuracy from the application 

of experience curve methodology. 

3. DOE seeks information on 

alternative methods for modeling 

persistent price trends for regulated 

products or equipment. 

General Analysis Methodology 

1. DOE seeks comments and 

information regarding additional ways 

of improving the accounting of costs 

and benefits in its energy conservation 

standards analysis, including comment 

on benefits and costs that may not have 

been included in energy conservation 

standards analyses to date. 

2. DOE seeks information on how 

standards can affect the dynamics of 

innovation and investment in U.S. 

appliance and equipment industries. 

3. DOE seeks comment on ways in 

which standards-induced innovation 

and investment might impact the 

competitiveness of U.S. products and 

companies in the global marketplace. 

4. DOE seeks comment on the 

additional global benefits that may arise 

from standards that may encourage U.S. 

appliances and equipment to have 

efficiency performance levels exceeding 

the efficiency performance levels of 

appliances and equipment in other 

countries. 

The purpose of this NODA is to solicit 

feedback from industry, manufacturers, 

academia, consumer groups, efficiency 

advocates, government agencies, and 

other stakeholders on issues related 

price forecasts in DOE’s engineering 

analyses for Energy Conservation 

Standards rulemakings. DOE is 

specifically interested in information 

and sources of data related to covered 

products and equipment that could be 

used in formulating a methodology 

regarding long term equipment price 

forecasts, and a methodology regarding 

consumer welfare impacts. Respondents 

are advised that DOE is under no 

obligation to acknowledge receipt of the 

information received or provide 

feedback to respondents with respect to 

any information submitted under this 

NODA. Responses to this NODA do not 

bind DOE to any further actions related 

to this topic. 

Issued in Washington, DC, on February 15, 

2011. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–3873 Filed 2–18–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 901 

[SATS No. AL–076–FOR; Docket ID: OSM– 

2010–0020] 

Alabama Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are announcing receipt of a 

proposed amendment to the Alabama 

regulatory program (Alabama program) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Alabama proposes revisions to its 

Program regarding their license fees, 

annual license updates, and blaster 

certification fees. Alabama intends to 

revise its program to improve 

operational efficiency. The fees will be 

used to recover Alabama’s anticipated 

costs of reviewing, administering, and 

enforcing Alabama’s licensing and 

blaster certification requirements. 

This document gives the times and 

locations that the Alabama program and 

proposed amendment to that program 

are available for your inspection, the 

comment period during which you may 

submit written comments on the 

amendment, and the procedures that we 

will follow for the public hearing, if one 

is requested. 

DATES: We will accept written 

comments on this amendment until 

4 p.m., c.s.t., March 24, 2011. If 

requested, we will hold a public hearing 

on the amendment on March 21, 2011. 

We will accept requests to speak at a 

hearing until 4 p.m., c.s.t. on March 9, 

2011. 

ADDRESSES: You may submit comments, 

identified by SATS No. AL–076–FOR by 

any of the following methods: 

• E-mail: swilson@osmre.gov. Include 

‘‘SATS No. AL–076–FOR’’ in the subject 

line of the message. 

• Mail/Hand Delivery: Sherry Wilson, 

Director, Birmingham Field Office, 

Office of Surface Mining Reclamation 

and Enforcement, 135 Gemini Circle, 

Suite 215, Homewood, Alabama 35209. 

• Fax: (205) 290–7280. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Comment Procedures’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

review copies of the Alabama program, 

this amendment, a listing of any 

scheduled public hearings, and all 

written comments received in response 

to this document, you must go to the 

address listed below during normal 

business hours, Monday through Friday, 

excluding holidays. You may receive 

one free copy of the amendment by 

contacting OSM’s Birmingham Field 

Office or going to http:// 

www.regulations.gov. 

Sherry Wilson, Director, Birmingham 

Field Office, Office of Surface Mining 

Reclamation and Enforcement, 135 

Gemini Circle, Suite 215, Homewood, 

Alabama 35209, Telephone: (205) 290– 

7282, E-mail: swilson@osmre.gov. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following location: 

Alabama Surface Mining Commission, 

1811 Second Ave., P.O. Box 2390, 

Jasper, Alabama 35502–2390, 

Telephone: (205) 221–4130. 

FOR FURTHER INFORMATION CONTACT: 

Sherry Wilson, Director, Birmingham 

Field Office. Telephone: (205) 290– 

7282. E-mail: swilson@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Alabama Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Alabama Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Proposed Rules 9701 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Alabama 

program effective May 20, 1982. You 

can find background information on the 

Alabama program, including the 

Secretary’s findings, the disposition of 

comments, and the conditions of 

approval of the Alabama program in the 

May 20, 1982, Federal Register (47 FR 

22030). You can also find later actions 

concerning the Alabama program and 

program amendments at 30 CFR 901.10, 

901.15, and 901.16. 

II. Description of the Proposed 

Amendment 

By letter dated October 28, 2010 

(Administrative Record No. AL–662), 

Alabama sent us an amendment to its 

program under SMCRA (30 U.S.C. 1201 

et seq.) at its own initiative. Below is a 

summary of the changes proposed by 

Alabama. The full text of the program 

amendment is available for you to read 

at the locations listed above under 

ADDRESSES. 

A. Alabama Rule 880–X–6A–.07 License 

Fees 

Alabama’s regulations require any 

person who intends to conduct surface 

coal mining operations to obtain a 

license prior to applying for a permit to 

mine coal. Their proposed change 

increases the license fee from $1,000.00 

to $2,500.00 and deletes language for 

pre-existing license fees. 

B. Alabama Rule 880–X–6A–.08 Annual 

License Updates 

Alabama’s regulations require mining 

licenses to be updated annually. Their 

proposed change alters the date of 

annual license updates, replaces the 

word ‘‘renewal’’ with ‘‘update’’ or 

‘‘license update,’’ adds the use of listing 

an internet site for form downloads, 

increases the fee from $100.00 to 

$500.00, deletes the $100.00 penalty 

payment for delinquency, deletes the 

language where a license becomes null 

and void and replaces it with the 

issuance of a Cessation Order, and 

explains the license reinstatement 

process. 

C. Alabama Rule 880–X–12A–.09 Fees 

This change adds a new section that 

establishes a $100.00 blaster 

certification fee, a $50.00 blaster 

certification renewal fee, and a $50.00 

blaster certification reciprocity fee. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the amendment 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the State program. 

Electronic or Written Comments 

If you submit written comments, they 

should be specific, confined to issues 

pertinent to the proposed regulations, 

and explain the reason for any 

recommended change(s). We appreciate 

any and all comments, but those most 

useful and likely to influence decisions 

on the final regulations will be those 

that either involve personal experience 

or include citations to and analyses of 

SMCRA, its legislative history, its 

implementing regulations, case law, 

other pertinent State or Federal laws or 

regulations, technical literature, or other 

relevant publications. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) or sent to an 

address other than those listed (see 

ADDRESSES) will be included in the 

docket for this rulemaking and 

considered. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 

4 p.m., c.s.t. on March 9, 2011. If you 

are disabled and need reasonable 

accommodations to attend a public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT. We 

will arrange the location and time of the 

hearing with those persons requesting 

the hearing. If no one requests an 

opportunity to speak, we will not hold 

a hearing. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at the 

public hearing provide us with a written 

copy of his or her comments. The public 

hearing will continue on the specified 

date until everyone scheduled to speak 

has been given an opportunity to be 

heard. If you are in the audience and 

have not been scheduled to speak and 

wish to do so, you will be allowed to 

speak after those who have been 

scheduled. We will end the hearing after 

everyone scheduled to speak and others 

present in the audience who wish to 

speak, have been heard. 

Public Meeting 

If only one person requests an 

opportunity to speak, we may hold a 

public meeting rather than a public 

hearing. If you wish to meet with us to 

discuss the amendment, please request 

a meeting by contacting the person 

listed under FOR FURTHER INFORMATION

CONTACT. All such meetings are open to 

the public and, if possible, we will post 

notices of meetings at the locations 

listed under ADDRESSES. We will make 

a written summary of each meeting a 

part of the administrative record. 

IV. Procedural Determinations 

Executive Order 12866—Regulatory 

Planning and Review 

This proposed rule is exempted from 

review by the Office of Management and 

Budget (OMB) under Executive Order 

12866. 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a State submits a program 

amendment to OSM for review, our 

regulations at 30 CFR 732.17(h) require 

us to publish a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms, and an 

opportunity for public comment. We 

conclude our review of the proposed 

amendment after the close of the public 

comment period and determine whether 

the amendment should be approved, 

approved in part, or not approved. At 

that time, we will also make the 

determinations and certifications 

required by the various laws and 

executive orders governing the 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 901 

Intergovernmental relations, Surface 

mining, Underground mining. 

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9702 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Proposed Rules 

Dated: December 10, 2010. 

Ervin J. Barchenger, 

Regional Director, Mid-Continent Region. 

[FR Doc. 2011–3910 Filed 2–18–11; 8:45 am] 

BILLING CODE 4310–05–P 

POSTAL SERVICE 

39 CFR Part 111 

Shortpaid and Unpaid InformationBased Indicia (IBI) Postage and 

Shortpaid Express Mail Postage, 

Revised Proposal 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule, revised. 

SUMMARY: On November 19, 2009, the 

Postal Service published a proposed 

rule to revise Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual to implement revenue 

protection procedures for shortpaid and 

unpaid Information Based Indicia (IBI) 

postage. Comments on that proposed 

rule requested more detailed 

information on the automated 

procedures the Postal Service will use to 

identify and verify shortpaid and 

unpaid IBI postage payment and the 

resolution process that will be used to 

remedy deficiencies. This revised 

proposal provides the more detailed 

information to DMM sections 604.4, 

604.8, and 604.10. In addition, this 

revised proposal includes proposed 

mailing standards to implement revenue 

protection procedures for shortpaid 

Express Mail® postage. 

DATES: We must receive your comments 

on or before March 24, 2011. 

ADDRESSES: Mail or deliver written 

comments to the Manager, Mailing 

Standards, U.S. Postal Service, 475 

L’Enfant Plaza SW., Room 4446, 

Washington DC 20260–5015. You may 

inspect and photocopy all written 

comments at USPS® Headquarters 

Library, 475 L’Enfant Plaza SW., 11th 

Floor N, Washington DC, between 9 a.m. 

and 4 p.m., Monday through Friday. Email comments concerning the 

proposed rule, containing the name and 

address of the commenter, may be sent 

to: MailingStandards@usps.gov, with a 

subject line of ‘‘Shortpaid and Unpaid 

Information-Based Indicia Postage and 

Shortpaid Express Mail® Postage.’’ 

Faxed comments are not accepted. 

FOR FURTHER INFORMATION CONTACT: 

Carla Sherry 703–280–7068 or Carol A. 

Lunkins 202–268–7262. 

SUPPLEMENTARY INFORMATION: In this 

revised proposed rule, the Postal 

Service is proposing new procedures to 

manage shortpaid Express Mail postage 

and a new process to detect mailpieces 

with shortpaid and unpaid IBI postage 

generated from the following postage 

evidencing systems: Click-N-Ship®, IBI 

postage meters, and PC Postage® 

products. 

In addition, the Postal Service is 

proposing to implement a new Webbased resolution process to remedy 

shortpaid and unpaid IBI postage 

payment deficiencies, to dispute 

shortpaid and unpaid IBI postage 

deficiency assessments, and to appeal 

USPS decisions relative to shortpaid 

and unpaid IBI postage. 

The Postal Service published a 

proposed rule in the Federal Register on 

November 18, 2009 (74 FR 59494– 

59496), inviting comments on the 

implementation of revenue protection 

procedures for IBI postage generated by 

postage evidencing systems. 

Comments were received from the 

mailing industry requesting more 

detailed information on the automated 

procedures that the Postal Service will 

implement to identify and verify 

shortpaid and unpaid IBI postage and 

the resolution process to remedy 

deficiencies. 

In response to those comments, this 

revised proposed rule provides detailed 

information on the revenue protection 

process for shortpaid and unpaid IBI 

postage generated from postage 

evidencing systems, the process to 

identify and verify shortpaid and 

unpaid IBI postage, and the resolution 

process to remedy, dispute, or appeal 

matters relative to shortpaid and unpaid 

IBI postage. 

Express Mail Shortpaid Procedure 

To ensure revenue protection for 

Express Mail paid by any authorized 

postage payment method, the Postal 

Service is proposing to implement new 

shortpaid Express Mail postage 

procedures. 

For an Express Mail Next Day, Second 

Day, Military, or Custom Designed 

Service item received at the origin office 

of mailing with insufficient postage, the 

mailer is contacted to correct the 

postage deficiency prior to dispatch of 

the Express Mail item. If the mailer 

cannot be contacted before dispatch 

from the origin office, the Express Mail 

item is endorsed ‘Postage Due’, marked 

to show the total deficiency of postage 

and fees, and then dispatched to the 

destination Post Office for delivery to 

the addressee upon payment of the 

postage due. 

For an Express Mail item with 

insufficient postage that is identified in 

processing operations or at the 

destination Post Office, the Express Mail 

item will be endorsed ‘Postage Due’, 

marked to show the total deficiency of 

postage and fees, and then delivered to 

the addressee upon payment of the 

postage due. If the payment of postage 

due is refused by the addressee, the 

Express Mail item is endorsed ‘‘Return 

to Sender—Refused.’’ The postage 

deficiency is collected when the Express 

Mail item is returned to the original 

sender. If the original sender chooses to 

remail the item, a new Express Mail 

label and new postage and fees must be 

affixed. 

For an Express Mail item with 

insufficient IBI postage that is generated 

from postage evidencing systems, USPS 

may follow the process identified in 

DMM 604.4.4.4 through 604.4.4.9 to 

resolve such revenue deficiencies. 

Postage Evidencing Systems 

Postage meters, PC Postage products, 

and Click-N-Ship are collectively 

identified as ‘‘postage evidencing 

systems.’’ A postage evidencing system 

is a device or system of components a 

customer uses to print evidence that 

postage required for mailing has been 

paid. 

The Postal Service implemented 

postage evidencing systems to meet the 

needs of the mailing industry by 

providing convenient, user-friendly 

methods for mailers to print and pay 

postage. To protect the viability of 

postage evidencing systems, the Postal 

Service continually implements 

measures to ensure revenue protection. 

Postage 

Postage refers to postage and fees due 

for the applicable price category and 

associated criteria such as class, weight, 

shape, zone, and extra services. 

Information-Based Indicia 

Information-Based Indicia (IBI) are 

digitally generated indicia that include 

a two-dimensional barcode. 

Revenue Deficiency 

In this proposed rule, a revenue 

deficiency includes both shortpaid and 

unpaid postage and occurs when any 

mailpiece has less postage than required 

for the applicable price category and 

associated criteria such as class, weight, 

shape, zone, and extra services. 

Shortpaid Postage 

Shortpaid postage is a revenue 

deficiency for which the valid postage 

on a mailpiece is less than the amount 

due. 

Unpaid Postage 

Unpaid postage is a revenue 

deficiency for which postage is deficient 

due to the use of counterfeited, 

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