31288 Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Rules and Regulations 

Authority and Issuance 

PART 478—COMMERCE IN FIREARMS 

AND AMMUNITION 

Accordingly, the interim rule 

amending 27 CFR part 478, which was 

published at 74 FR 1875 on January 14, 

2009, is adopted as a final rule without 

change. 

Dated: May 27, 2010. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2010–13392 Filed 6–2–10; 8:45 am] 

BILLING CODE 4410–FY–P 

POSTAL SERVICE 

39 CFR Part 111 

Plant-Verified Drop Shipment (PVDS)— 

Nonpostal Documentation 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®) 705.15. 2.14 to clarify that PS 

Form 8125, Plant-Verified Drop 

Shipment (PVDS) Verification and 

Clearance, is the sole source of evidence 

for USPS® purposes of the transfer of 

the custody of pieces entered as a 

mailing at the time of induction; to 

clarify that Postal employees may, upon 

request, sign additional nonpostal 

documents when presented by 

transportation providers; and to require 

segregation of documentation presented 

at the time of induction. 

DATES: Effective Date: July 6, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Susan Thomas at 202–268–8069. 

SUPPLEMENTARY INFORMATION: As a result 

of reviews of USPS policy concerning 

practices at induction points of plantverified drop shipment mailings, the 

Postal Service is adopting this final rule 

to clarify the use and purpose of PS 

Form 8125 as well as other documents 

that mailers’ nonpostal transportation 

providers (carriers) may present at the 

time of induction. The final rule 

provides that PS Forms 8125 must be 

segregated from any other 

documentation presented at the time of 

mailing. This measure ensures that 

postal personnel will be able to easily 

identify and process necessary postal 

documentation at the time of induction, 

thereby promoting the efficiency of 

operations. Further, the final rule 

clarifies that a PS Form 8125 serves as 

the sole source of evidence for USPS 

purposes of the transfer of the custody 

of pieces entered at the time of 

induction. No other form of 

documentation serves this purpose. 

The Postal Service adopts the 

following changes to the Mailing 

Standards for the United States Postal 

Service, Domestic Mail Manual (DMM), 

which is incorporated by reference in 

the Code of Federal Regulations. See 39 

CFR Part 111.1. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

■ Accordingly, 39 CFR Part 111 is 

amended as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 C.F.R. 

Part continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) as follows: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

700 Special Standards 

* * * * * 

705 Advanced Preparation and 

Special Postage Payment Systems 

* * * * * 

15.0 Plant-Verified Drop Shipment 

* * * * * 

15.2 Program Participation 

* * * * * 

[Add new 705.15.2.14 as follows:] 

15.2.14 Form 8125—Segregation and 

Nonpostal Documentation 

PS Forms 8125 must be segregated 

from all other nonpostal documentation 

and presented separately to USPS 

personnel at the time of induction. 

Nonpostal proof-of-delivery documents 

such as delivery receipts or bills of 

lading presented by a mailer’s 

transportation provider [carrier] are not 

substitutes for PS Forms 8125. USPS 

personnel may, upon request, sign such 

documents when presented by carriers. 

A PS Form 8125 signed by a postal 

employee (or electronic equivalent file 

in the Electronic Verification System 

(eVS)) serves as the sole evidence of the 

transfer of the custody of pieces entered 

as a mailing at the time of induction. 

The Postal Service does not consider a 

proof-of-delivery document such as a 

delivery receipt or a bill of lading 

furnished by a USPS customer’s carrier 

as proof of mailing, acceptance, or the 

amount of mail tendered. Any signature 

by a postal employee or agent on any 

nonpostal form does not serve any mail 

acceptance purpose. If an inconsistency 

between the information on a PS Form 

8125 and a carrier- or mailer-provided 

document designed to evidence the 

transfer of custody of pieces entered as 

a mailing at the time of induction exists, 

the information on PS Form 8125 

prevails insofar as the USPS is 

concerned. 

* * * * * 

We will publish an amendment to 39 

CFR 111 to reflect these changes. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–12885 Filed 6–2–10; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2009–0705; A–1–FRL– 

9157–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Rhode 

Island; Determination of Attainment of 

the 1997 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is determining that 

the Providence (All of Rhode Island) 

moderate 8-hour ozone nonattainment 

area has attained the 1997 8-hour 

National Ambient Air Quality Standard 

(NAAQS) for ozone. This determination 

is based upon complete, quality-assured 

and certified ambient air monitoring 

data that show the area has monitored 

attainment of the 8-hour ozone NAAQS 

for the 2006–2008 monitoring period. In 

addition, quality-assured and certified 

ozone data for 2009, show that this area 

continues to attain the 1997 8-hour 

ozone NAAQS. This determination 

results in the suspension of the 

requirements for Rhode Island to submit 

an attainment demonstration, a 

reasonable further progress plan, 

contingency measures, and other 

planning State Implementation Plans for 

this area related to attainment of the 8- 

hour ozone NAAQS. These 

requirements shall remain suspended 

for so long as the area continues to 

attain the ozone NAAQS. 

DATES: Effective Date: This rule is 

effective on July 6, 2010. 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Rules and Regulations 31289 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2009–0705. All documents in the docket 

are listed on the http:// 

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

www.regulations.gov or in hard copy at 

the Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square, 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Burkhart, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100, Boston, MA 02109–3912, 

telephone number (617) 918–1664, fax 

number (617) 918–0664, e-mail 

Burkhart.Richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is determining that the 

Providence (All of Rhode Island) 

moderate 8-hour ozone nonattainment 

area has attained the 1997 8-hour 

National Ambient Air Quality Standard 

(NAAQS) for ozone. This determination 

is based upon complete, quality-assured 

and certified ambient air monitoring 

data that show the area has monitored 

attainment of the 1997 ozone NAAQS 

for the 2006–2008 monitoring period. In 

addition, quality-assured and certified 

ozone data for 2009, show that this area 

continues to attain the 1997 8-hour 

ozone NAAQS. 

Other specific details related to the 

determination and the rationale for 

EPA’s action are explained in the Notice 

of Proposed Rulemaking (NPR) 

published on February 25, 2010 (75 FR 

8571) and will not be restated here. No 

public comments were received on the 

NPR. 

II. What is the effect of this action? 

Under the provisions of EPA’s ozone 

implementation rule (see 40 CFR 

51.918), this determination suspends 

the requirements for the Providence (All 

of Rhode Island) moderate ozone 

nonattainment area to submit an 

attainment demonstration, a reasonable 

further progress plan, section 172(c)(9) 

contingency measures, and any other 

planning State Implementation Plans 

(SIPs) related to attainment of the 1997 

8-hour ozone NAAQS for so long as the 

area continues to attain the 1997 ozone 

NAAQS. 

For the Rhode Island area, EPA 

started a Federal Implementation Plan 

clock on March 24, 2008 (73 FR 15416) 

for failure to submit an ozone 

attainment demonstration and 

Reasonable Further Progress (RFP) SIPs. 

This action stays the Federal 

Implementation Plan clock started on 

March 24, 2008, for both the attainment 

demonstration and the RFP SIP. If the 

area subsequently violates the 1997 8- 

hour standard before it is redesignated 

to attainment, the Federal 

Implementation Plan clock would 

restart for Rhode Island for these SIPs. 

It should be noted that the Rhode Island 

Department of Environmental 

Management did submit an ozone 

attainment demonstration and 

Reasonable Further Progress SIP on 

April 30, 2008. EPA has not taken action 

on these SIPs. 

This action does not constitute a 

redesignation to attainment under CAA 

section 107(d)(3), because the area does 

not have an approved maintenance plan 

as required under section 175A of the 

CAA, nor a determination that the area 

has met the other requirements for 

redesignation. The classification and 

designation status of the area remains 

moderate nonattainment for the 1997 8- 

hour ozone NAAQS until such time as 

EPA determines that it meets the CAA 

requirements for redesignation to 

attainment. If EPA subsequently 

determines, after notice-and-comment 

rulemaking in the Federal Register, that 

the area has violated the 1997 8-hour 

ozone standard, the basis for the 

suspension of these requirements would 

no longer exist, and the area would 

thereafter have to address the pertinent 

requirements. 

III. Final Action 

EPA is determining that the 

Providence (All of Rhode Island) 8-hour 

ozone nonattainment area has attained 

the 1997 8-hour ozone standard based 

on complete, quality-assured and 

certified ozone monitoring data through 

2008, and quality-assured and certified, 

ozone data for 2009 that indicate 

continued attainment. As provided in 

40 CFR 51.918, this determination 

suspends the requirements for Rhode 

Island to submit an attainment 

demonstration, a reasonable further 

progress plan, and contingency 

measures under section 172(c)(9), and 

any other planning SIP related to 

attainment of the 1997 8-hour ozone 

NAAQS for this area, for so long as the 

area continues to attain the standard. 

IV. Statutory and Executive Order 

Reviews 

This action makes a determination of 

attainment based on air quality, and 

results in the suspension of certain 

Federal requirements, and would not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 


emcdonald on DSK2BSOYB1PROD with RULES
31290 Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Rules and Regulations 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this action does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by August 2, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: May 20, 2010. 

Ira W. Leighton, 

Acting, Regional Administrator, EPA New 

England. 

■ Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart OO—Rhode Island 

■ 2. Section 52.2088 is amended by 

adding paragraph (c) to read as follows: 

§ 52.2088 Control strategy: Ozone. 

* * * * * 

(c) Determination of Attainment. 

Effective July 6, 2010, EPA is 

determining that the Providence (All of 

Rhode Island) 8-hour ozone 

nonattainment area has attained the 

1997 8-hour ozone standard. Under the 

provisions of EPA’s ozone 

implementation rule (see 40 CFR 

51.918), this determination suspends 

the reasonable further progress and 

attainment demonstration requirements 

of section 182(b)(1) and related 

requirements of section 172(c)(9) of the 

Clean Air Act for as long as the area 

does not monitor any violations of the 

1997 8-hour ozone standard. If a 

violation of the 1997 ozone NAAQS is 

monitored in the Providence (All of 

Rhode Island) 8-hour ozone 

nonattainment area, this determination 

shall no longer apply. 

[FR Doc. 2010–13211 Filed 6–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2009–0282; FRL–9155–6] 

Approval and Promulgation of State 

Implementation Plan Revisions; State 

of North Dakota; Air Pollution Control 

Rules, and Interstate Transport of 

Pollution for the 1997 PM2.5 and 8-Hour 

Ozone NAAQS: ‘‘Significant 

Contribution to Nonattainment’’ and 

‘‘Interference With Prevention of 

Significant Deterioration’’ 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of North Dakota 

on April 6, 2009. Specifically, EPA is 

approving revisions to the North Dakota 

air pollution control rules regarding 

prevention of significant deterioration of 

air quality, and partially approving the 

SIP revision ‘‘Interstate Transport of Air 

Pollution’’ addressing the requirements 

of Clean Air Act section 110(a)(2)(D)(i) 

for the 1997 PM2.5 and 8-hour ozone 

National Ambient Air Quality Standards 

(NAAQS). These revisions, referred to as 

the Interstate Transport of Air Pollution 

SIP, address the requirements of Clean 

Air Act section 110(a)(2)(D)(i) for the 

1997 8-hour ozone and 1997 PM2.5

National Ambient Air Quality Standards 

(NAAQS). In this action, EPA is 

approving the North Dakota Interstate 

Transport SIP provisions that address 

the requirement of section 

110(a)(2)(D)(i)(I) that emissions from the 

state’s sources do not ‘‘contribute 

significantly’’ to nonattainment of the 

1997 8-hour ozone NAAQS and the 

1997 PM2.5 NAAQS in any other state. 

In addition, EPA is approving the 

provisions of this SIP that address the 

requirement of section 110(a)(2)(D)(i)(II) 

that emissions from the state’s sources 

do not interfere with measures required 

in the SIP of any other state under part 

C of the Clean Air Act (CAA) to prevent 

‘‘significant deterioration of air quality.’’ 

EPA will act at a later date on the North 

Dakota Interstate Transport SIP 

provisions that address the remaining 

two requirements of section 

110(a)(2)(D)(i), that emissions from the 

state’s sources do not ‘‘interfere with 

maintenance’’ of the 1997 8-hour ozone 

and 1997 PM2.5 NAAQS in any other 

state, and do not interfere with 

measures required in the SIP of any 

other state to ‘‘protect visibility.’’ This 

action is being taken under section 110 

of the Clean Air Act. 

DATES: Effective Date: This final rule is 

effective July 6, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2009–0282. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 through 

www.regulations.gov, or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 


emcdonald on DSK2BSOYB1PROD with RULES