Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules 13937 

paragraph (i)(1)(iii) or (i)(1)(iv) of this 

section must show that the officer is an 

ASO by presenting a letter from the state 

attorney general describing the 

functions and authority of the officer 

under state law, with sufficient facts for 

the IRS to determine that the officer is 

an ASO. 

(2) Return has the same meaning as in 

section 6103(b)(1). 

(3) Return information has the same 

meaning as in section 6103(b)(2). 

(4) Taxable person means any person 

who is liable or potentially liable for 

excise taxes under chapter 41 or 42. 

Such a person includes— 

(i) a disqualified person described in 

section 4946(a)(1), 4951(e)(4), or 4958(f); 

(ii) a foundation manager described in 

section 4946(b); 

(iii) an organization manager 

described in section 4955(f)(2) or 

4958(f)(2); 

(iv) a person described in section 

4958(c)(3)(B); 

(v) an entity manager described in 

section 4965(d); and 

(vi) a fund manager described in 

section 4966(d)(3). 

(j) Failure to comply. Upon a 

determination that an ASO has failed to 

comply with the requirements of section 

6103(p)(4), the IRS may take the actions 

it deems necessary to ensure 

compliance, including the refusal to 

disclose any further returns or return 

information to the ASO until the IRS 

determines that the requirements have 

been met. For procedures for the 

administrative review of a 

determination that an authorized 

recipient has failed to safeguard returns 

or return information, see 

§ 301.6103(p)(7)-1. 

(k) Effective/applicability date. The 

rules of this section apply to taxable 

years beginning on or after the date of 

publication in the Federal Register of 

the Treasury decision adopting these 

rules as final regulations. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2011–6011 Filed 3–14–11; 8:45 am] 

BILLING CODE 4830–01–P 

POSTAL SERVICE 

39 CFR Part 952 

Rules of Practice in Proceedings 

Relative to False Representation and 

Lottery Orders 

AGENCY: Postal Service. 

ACTION: Proposed rule. 

SUMMARY: The Postal Service is 

proposing to adopt revised rules for 

proceedings relative to false 

representation and lottery orders. The 

primary purpose of this exercise is to 

update and align the rules with current 

practices. 

DATES: Comments must be received on 

or before April 14, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Diane M. Mego, Esq., 703–812–1905. 

SUPPLEMENTARY INFORMATION: The Postal 

Service is proposing to adopt revised 

rules for 39 CFR Part 952. These revised 

rules of procedure have the same 

general coverage as the existing rules. 

However, the revised rules have been 

updated, are more comprehensive than 

the existing rules, and are intended to 

reflect more precisely current practice. 

These revised rules will completely 

replace the existing rules of practice and 

once adopted as a final rule, will be 

effective immediately in accordance 

with section 952.2. While the language 

of the proposed rules may have changed 

considerably for clarity, and to reflect 

more precisely the practices in these 

matters, we here identify the most 

significant changes of substance. 

Section 952.7 is renamed from ‘‘Notice 

of answer and hearing’’ to ‘‘Notice of 

docketing and answer.’’ Under the 

previous rules, a hearing was 

automatically scheduled for hearing 

thirty days from receipt of the 

complaint. Hearings are now scheduled 

as needed by the presiding officer after 

the pleadings have been received. The 

notice from the Recorder will include 

the notice that the matter has been 

docketed and advise Respondent that an 

answer is required within 30 days. 

Section 952.8 is modified to simplify 

service of the complaint and now 

requires Complainant to complete 

service of the notice of docketing and 

answer due date along with a copy of 

the complaint. Previously, the Recorder 

was required to forward the complaint 

and the notice of docketing and hearing 

due date to the local postmaster, who in 

turn served Respondent. The local 

postmasters have been removed from 

the procedure. The Recorder will now 

forward a copy of the notice of 

docketing and answer due date (see 

revised section 952.7), a copy of these 

rules and a docketed copy of the 

complaint to Complainant. Complainant 

is then responsible for obtaining service 

through certified mail, return receipt 

requested. Service is now complete 

upon mailing. Complainant is required 

to file either a receipt acknowledging 

the delivery of the notice or an affidavit 

of service if the mail is returned. Service 

may also be accomplished by hand. 

Section 952.9 is modified to require 

the parties, after the filing of the initial 

complaint, to serve all pleadings, 

motions, proposed orders and other 

documents for the record on the 

opposing party and provide an 

appropriate affidavit of service. The new 

rule clarifies that discovery does not 

need to be filed with the presiding 

officer unless the parties are seeking to 

include it in the record or the presiding 

officer so orders. In addition, the rule is 

changed to allow the filing of pleadings, 

motions, proposed orders and other 

documents by facsimile and electronic 

mail at the discretion of the presiding 

officer. 

Section 952.11 is modified to 

authorize the presiding officer to rule 

that a party that fails to respond to or 

comply with any order is in default. 

Currently, only a Respondent can be 

found in default and only for either 

failing to file an answer or for failing to 

appear at a hearing. The new rule will 

allow the presiding officer to enter a 

default against a non-responding party 

even if the initial pleadings have been 

received. 

Section 952.16 requires an attorney 

representing Respondent to file a notice 

of appearance. An attorney for either 

party who is seeking to withdraw from 

representation must file a motion to 

withdraw, which will be granted at the 

discretion of the presiding officer. If a 

successor attorney is not appointed at 

the same time for Respondent, the 

withdrawn attorney must provide 

adequate contact information for 

Respondent. 

Section 952.17(b)(10) is added to 

allow the presiding officer to resolve the 

proceeding on the written record 

without a hearing either at the request 

of the parties or on the presiding 

officer’s own initiative. The current 

rules do not specifically allow for 

proceeding on the written record 

without a hearing. 

Section 952.17(b)(11) is added to 

allow for a hearing to be conducted by 

telephone, video conference, or other 

appropriate means. 

Section 952.21 is modified to allow 

the parties to participate in voluntary 

discovery without the intervention of 

the presiding officer and to clarify the 

discovery rules. 

Accordingly, the Postal Service 

invites public comment on the 

following proposed rules. 

List of Subjects in 39 CFR Part 952 

Administrative practice and 

procedure, Fraud, False 

Representations, Lotteries, Penalties, 

Postal Service. 

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13938 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules 

For the reasons stated in the 

preamble, the Postal Service proposes to 

revise 39 CFR part 952 to read as 

follows: 

PART 952—RULES OF PRACTICE IN 

PROCEEDINGS RELATIVE TO FALSE 

REPRESENTATION AND LOTTERY 

ORDERS 

Sec. 

952.1 Authority. 

952.2 Scope. 

952.3 Informal dispositions. 

952.4 Office business hours. 

952.5 Complaints. 

952.6 Interim impounding. 

952.7 Notice of docketing and answer. 

952.8 Service. 

952.9 Filing documents for the record. 

952.10 Answer. 

952.11 Default. 

952.12 Amendment of pleadings. 

952.13 Continuances and extensions. 

952.14 Hearings. 

952.15 Change of place of hearings. 

952.16 Appearances. 

952.17 Presiding officers. 

952.18 Evidence. 

952.19 Subpoenas. 

952.20 Witness fees. 

952.21 Discovery. 

952.22 Transcript. 

952.23 Proposed findings and conclusions. 

952.24 Decisions. 

952.25 Exceptions to initial decision or 

tentative decision. 

952.26 Judicial Officer. 

952.27 Motion for reconsideration. 

952.28 Orders. 

952.29 Modification or revocation of 

orders. 

952.30 Supplemental orders. 

952.31 Computation of time. 

952.32 Official record. 

952.33 Public information. 

952.34 Ex parte communications. 

Authority: 39 U.S.C. 204, 401, 3005, 3012, 

3016. 

§ 952.1 Authority. 

These rules of practice are issued by 

the Judicial Officer of the United States 

Postal Service (see § 952.26) pursuant to 

authority delegated by the Postmaster 

General, and in accordance with 39 

U.S.C. 3005, and are governed by the 

Administrative Procedure Act, 5 U.S.C. 

551, et seq. 

§ 952.2 Scope. 

These rules of practice shall be 

applicable in all formal proceedings 

before the Postal Service under 39 

U.S.C. 3005, including such cases 

instituted under prior rules of practice 

pertaining to these or predecessor 

statutes, unless timely shown to be 

prejudicial to Respondent. 

§ 952.3 Informal dispositions. 

This part does not preclude the 

disposition of any matter by agreement 

between the parties either before or after 

the filing of a complaint when time, the 

nature of the proceeding, and the public 

interest permit. 

§ 952.4 Office business hours. 

The offices of the officials identified 

in these rules are located at 2101 Wilson 

Boulevard, Suite 600, Arlington, VA 

22201–3078, and are open Monday 

through Friday except holidays from 

8:15 a.m. to 4:45 p.m. 

§ 952.5 Complaints. 

When the Chief Postal Inspector or his 

or her designated representative 

believes that a person is using the mails 

in a manner requiring formal 

administrative action under 39 U.S.C. 

3005, he or she shall prepare and file 

with the Recorder a complaint which 

names the person involved; states the 

name, address and telephone number of 

the attorney representing Complainant; 

states the legal authority and 

jurisdiction under which the proceeding 

is initiated; states the facts in a manner 

sufficient to enable the person named 

therein to answer; and requests the 

issuance of an appropriate order or 

orders and/or the assessment of civil 

penalties. Complainant shall attach to 

the complaint a copy of the order or 

orders requested which may, at any time 

during the proceedings, be modified. 

The person named in the complaint 

shall be known as ‘‘Respondent’’, and 

the Chief Postal Inspector or his or her 

designee shall be known as 

‘‘Complainant’’. The term ‘‘person’’ 

(1 U.S.C. 1) shall include any name, 

address, number or other designation 

under or by use of which Respondent 

seeks remittances of money or property 

through the mail. 

§ 952.6 Interim impounding. 

In preparation for or during the 

pendency of a proceeding initiated 

under 39 U.S.C. 3005, mail addressed to 

Respondent may be impounded upon 

obtaining an appropriate order from a 

United States District Court, as provided 

in 39 U.S.C. 3007. 

§ 952.7 Notice of docketing and answer. 

(a) Upon receipt of a complaint filed 

against a Respondent whose mailing 

address is within the United States, the 

Recorder shall issue a notice of 

docketing and answer due date stating 

the date for an answer which shall not 

exceed 30 days from the service of the 

complaint and a reference to the effect 

of failure to file an answer and/or the 

assessment of civil penalties authorized 

by 39 U.S.C. 3012. (See §§ 952.10 and 

952.11). 

(b) Upon receipt of a complaint filed 

against a Respondent whose mailing 

address is not within the United States, 

the Judicial Officer shall review the 

complaint and any supporting 

information and determine whether a 

prima facie showing has been made that 

Respondent is engaged in conduct 

warranting issuance of the orders 

authorized by 39 U.S.C. 3005(a). Where 

the Judicial Officer concludes that a 

prima facie showing has not been made 

the complaint shall be dismissed. Where 

the Judicial Officer concludes that a 

prima facie showing has been made, he 

or she shall issue a tentative decision 

and orders which: set forth findings of 

fact and conclusions of law; direct 

Respondent to cease and desist from 

engaging in conduct warranting the 

issuance of an order authorized by 39 

U.S.C. 3005(a); direct that postal money 

orders drawn to the order of Respondent 

not be paid for 45 days from date of the 

tentative decision; direct that mail 

addressed to Respondent be forwarded 

to designated facilities and detained for 

45 days from the date of the tentative 

decision subject to survey by 

Respondent and release of mail 

unrelated to the matter complained of; 

tentatively assess such civil penalties as 

he considers appropriate under 

applicable law; and provide that unless 

Respondent presents, within 45 days of 

the date of the tentative decision, good 

cause for dismissing the complaint, or 

modifying the tentative decision and 

orders, the tentative decision and orders 

shall become final. The Judicial Officer 

may, upon a showing of good cause 

made within 45 days of the date of the 

tentative decision, hold a hearing to 

determine whether the tentative 

decision and orders should be revoked, 

modified, or allowed to become final. 

Should a hearing be granted, the 

Judicial Officer may modify the 

tentative decision and orders to extend 

the time during which the payment of 

postal money orders payable to 

Respondent is suspended and mail 

addressed to Respondent is detained. 

§ 952.8 Service. 

(a) Where Respondent’s mailing 

address is within the United States, the 

Recorder shall cause a notice of 

docketing and answer due date (the 

‘‘Notice’’), a copy of these rules of 

practice, and a copy of the complaint to 

be transmitted to Complainant who 

shall serve those documents upon 

Respondent or his or her agent by 

certified mail, return receipt requested. 

Service shall be complete upon mailing. 

A receipt acknowledging delivery of the 

notice shall be secured from Respondent 

or his or her agent and forwarded to the 

Recorder, U.S. Postal Service, 2101 

Wilson Boulevard, Suite 600, Arlington, 

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VA 22201–3078, to become a part of the 

official record. In the absence of a 

receipt, Complainant shall file an 

Affidavit of Service, along with returned 

undelivered mail, or other appropriate 

evidence of service, with the Recorder. 

In the alternative Complainant may, in 

its discretion, effectuate service by hand 

on Respondent and file an Affidavit of 

Service with the Recorder. 

(b) Where the only address against 

which Complainant seeks relief is 

outside the United States, a copy of the 

complaint, the tentative decision, and a 

copy of these rules of practice shall be 

sent by international mail, return receipt 

requested, by the Recorder to the 

address cited in the complaint. A 

written statement by the Recorder 

noting the time and place of mailing 

shall be accepted as evidence of service 

in the event a signed return receipt is 

not returned to the Recorder. 

§ 952.9 Filing documents for the record. 

(a) Each party shall file with the 

Recorder pleadings, motions, proposed 

orders, and other documents for the 

record. Discovery need not be filed 

except as may be sought to be included 

in the record, or as may be ordered by 

the presiding officer. Each filing after 

the initial complaint shall be served 

upon all other parties to the proceeding 

by the filing party, and an affidavit of 

such service signed and dated by the 

filing party shall be included on the last 

page of such filing, which shall state as 

follows: 

I, [name of filing party] hereby certify that I 

served the within [title of document] upon 

each party of record by electronic mail or 

first class mail on [date]. 

(b) The parties shall file one original 

of all documents filed under this section 

unless otherwise ordered by the 

presiding officer. 

(c) Documents shall be dated and state 

the docket number and title of the 

proceeding. Any pleading or other 

document required by order of the 

presiding officer to be filed by a 

specified date must be received by the 

Recorder on or before such date. The 

date of filing shall be entered thereon by 

the Recorder. 

(d) The presiding officer may permit 

filing of pleadings, motions, proposed 

orders, and other documents for the 

record by facsimile or by electronic mail 

with the Recorder. 

§ 952.10 Answer. 

(a) The answer shall contain a concise 

statement admitting, denying, or 

explaining each of the allegations set 

forth in the complaint. 

(b) Any facts alleged in the complaint 

which are not denied or are expressly 

admitted in the answer may be 

considered as proved, and no further 

evidence regarding these facts need be 

adduced at the hearing. 

(c) The answer shall be signed 

personally by an individual 

Respondent, or in the case of a 

partnership by one of the partners, or, 

in the case of a corporation or 

association, by an officer thereof. 

(d) The answer shall set forth 

Respondent’s address, electronic mail 

address, and telephone number or the 

name, address, electronic mail address, 

and telephone number of an attorney 

representing Respondent. 

(e) The answer shall affirmatively 

state whether the Respondent will 

appear in person or by counsel at the 

hearing. 

(f) In lieu of appearing at the hearing 

in person or by counsel, Respondent 

may request that the matter be 

submitted for determination pursuant to 

§ 952.17(b)(10). 

§ 952.11 Default. 

(a) If Respondent fails to file an 

answer within the time specified in the 

notice of docketing and answer, 

Respondent may be deemed in default, 

and to have waived hearing and further 

procedural steps. The Judicial Officer 

may thereafter issue orders and/or 

assess civil penalties without further 

notice. 

(b) If Respondent files an answer but 

fails to appear at the hearing, 

Respondent may, unless timely 

indications to the contrary are received, 

be deemed to have abandoned the 

intention to present a defense to the 

charges of the complaint, and the 

Judicial Officer, without further notice 

to Respondent, may issue the orders 

and/or assess civil penalties sought in 

the complaint. 

(c) If Respondent or Complainant fails 

to respond to or comply with an order 

of the presiding officer, the party may be 

held in default, and absent good cause 

shown, the party may be deemed to 

have abandoned the intention to present 

a defense, or to prosecute the complaint, 

and the presiding officer or Judicial 

Officer, without further notice to the 

offending party, may, as appropriate, 

dismiss the complaint or issue the 

orders and/or assess civil penalties 

sought in the complaint. 

§ 952.12 Amendment of pleadings. 

(a) Amendments shall be filed with 

the Recorder. 

(b) By consent of the parties, a 

pleading may be amended at any time. 

Also, a party may move to amend a 

pleading at any time prior to the close 

of the hearing and, provided that the 

amendment is reasonably within the 

scope of the proceeding initiated by the 

complaint, the presiding officer rule on 

the motion as he or she deems to be fair 

and equitable to the parties. 

(c) When issues not raised by the 

pleadings but reasonably within the 

scope of the proceedings initiated by the 

complaint are tried by express or 

implied consent of the parties, they 

shall be treated in all respects as if they 

had been raised in the pleadings. Such 

amendments as may be necessary to 

conform the pleadings to the evidence 

and to raise such issues may be allowed 

at any time upon the motion of any 

party. 

(d) If a party objects to the 

introduction of evidence at the hearing 

on the ground that it is not within the 

issues raised by the pleadings, but fails 

to satisfy the presiding officer that an 

amendment of the pleadings would 

prejudice him or her on the merits, the 

presiding officer may allow the 

pleadings to be amended and may grant 

a continuance to enable the objecting 

party to rebut the evidence presented. 

(e) The presiding officer may, upon 

reasonable notice and upon such terms 

as are just, permit service of a 

supplemental pleading setting forth 

transactions, occurrences, or events 

which have occurred since the date of 

the pleading sought to be supplemented 

and which are relevant to any of the 

issues involved. 

§ 952.13 Continuances and extensions. 

Continuances and extensions will not 

be granted by the presiding officer 

except for good cause shown. 

§ 952.14 Hearings. 

Hearings are held at 2101 Wilson 

Boulevard, Suite 600, Arlington, VA 

22201–3078, or other locations 

designated by the presiding officer. 

Time, date, and location for the hearing 

shall be set by the presiding officer in 

his or her sole discretion. 

§ 952.15 Change of place of hearings. 

A party may file a request that a 

hearing be held to receive evidence in 

his or her behalf at a place other than 

that designated in § 952.14. The party 

shall support the request with a 

statement outlining: 

(a) The evidence to be offered in such 

place; 

(b) The names and addresses of the 

witnesses who will testify; and, 

(c) The reasons why such evidence 

cannot be produced at Arlington, VA. 

The presiding officer shall give 

consideration to the convenience and 

necessity of the parties and witnesses 

and the relevance of the evidence to be 

offered. 

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§ 952.16 Appearances. 

(a) Respondent may appear and be 

heard in person or by attorney. A Notice 

of Appearance must be filed by any 

attorney representing Respondent. 

(b) An attorney may practice before 

the Postal Service in accordance with 

applicable rules issued by the Judicial 

Officer. See 39 CFR part 951. 

(c) When Respondent is represented 

by an attorney, all pleadings and other 

papers subsequent to the complaint 

shall be mailed to the attorney. 

(d) Withdrawal by any attorney 

representing a party must be preceded 

by a motion to withdraw stating the 

reasons therefore, and shall be granted 

in the discretion of the presiding officer. 

If a successor attorney is not appointed 

at the same time, withdrawing counsel 

shall provide adequate contact 

information for Respondent. 

(e) Parties must promptly file a notice 

of change of attorney. 

§ 952.17 Presiding officers. 

(a) The presiding officer at any 

hearing shall be an Administrative Law 

Judge qualified in accordance with law 

or the Judicial Officer (39 U.S.C. 204). 

The Chief Administrative Law Judge 

shall assign cases. The Judicial Officer 

may, for good cause shown, preside at 

the hearing if an Administrative Law 

Judge is unavailable. 

(b) The presiding officer shall have 

authority to: 

(1) Administer oaths and affirmations; 

(2) Examine witnesses; 

(3) Rule upon offers of proof, 

admissibility of evidence, and matters of 

procedure; 

(4) Order any pleading amended upon 

motion of a party at any time prior to 

the close of the hearing; 

(5) Maintain discipline and decorum 

and exclude from the hearing any 

person acting in an inappropriate 

manner; 

(6) Require the filing of briefs or 

memoranda of law on any matter upon 

which he or she is required to rule; 

(7) Order prehearing conferences for 

the purpose of the settlement or 

simplification of issues by the parties; 

(8) Order the proceeding reopened at 

any time prior to his or her decision for 

the receipt of additional evidence; 

(9) Render an initial decision, which 

becomes the final agency decision 

unless a timely appeal is taken, except 

that the Judicial Officer may issue a 

tentative or a final decision; 

(10) Rule on motion by either party, 

or on his or her own initiative, for a 

determination on the written record in 

lieu of an oral hearing in his or her sole 

discretion; 

(11) Rule on motion by either party, 

or on his or her own initiative, to permit 

a hearing to be conducted by telephone, 

video conference, or other appropriate 

means; 

(12) Rule upon applications and 

requests filed under §§ 952.19 and 

952.21; and, 

(13) Exercise all other authority 

conferred upon the presiding officer by 

the Administrative Procedure Act or 

other applicable law. 

§ 952.18 Evidence. 

(a) Except as otherwise provided in 

these rules, the Federal Rules of 

Evidence shall govern. However, such 

rules may be relaxed to the extent that 

the presiding officer deems proper to 

ensure a fair hearing. The presiding 

officer may exclude irrelevant, 

immaterial, or repetitious evidence. 

(b) Testimony shall be under oath or 

affirmation and witnesses shall be 

subject to cross-examination. 

(c) Agreed statements of fact may be 

received in evidence. 

(d) Official notice, judicial notice or 

administrative notice of appropriate 

information may be taken in the 

discretion of the presiding officer. 

(e) Authoritative writings of the 

medical or other sciences, may be 

admitted in evidence but only through 

the testimony of expert witnesses or by 

stipulation. 

(f) Lay testimonials may be received 

in evidence as proof of the efficacy or 

quality of any product, service, or thing 

sold through the mails, in the discretion 

of the presiding officer. 

(g) The written statement of a 

competent witness may be received in 

evidence provided that such statement 

is relevant to the issues, that the witness 

shall testify under oath at the hearing 

that the statement is in all respects true, 

and, in the case of expert witnesses, that 

the statement correctly states the 

witness’s opinion or knowledge 

concerning the matters in question. 

(h) A party which objects to the 

admission of evidence shall explain the 

grounds for the objection. Formal 

exceptions to the rulings of the 

presiding officer are unnecessary. 

§ 952.19 Subpoenas. 

(a) General. Upon written request of 

either party filed with the Recorder or 

on his or her own initiative, the 

presiding officer may issue a subpoena 

requiring: 

(1) Testimony at a deposition. The 

deposing of a witness in the city or 

county where the witness resides or is 

employed or transacts business in 

person, or at another location 

convenient for the witness that is 

specifically determined by the presiding 

officer; 

(2) Testimony at a hearing. The 

attendance of a witness for the purpose 

of taking testimony at a hearing; and 

(3) Production of records. The 

production by the witness at a 

deposition or hearing of records 

designated in the subpoena. 

(b) Voluntary cooperation. Each party 

is expected: 

(1) To cooperate and make available 

witnesses and evidence under its 

possession, custody or control as 

requested by the other party, without 

issuance of a subpoena, and 

(2) To secure voluntary production of 

desired third-party records whenever 

possible. 

(c) Requests for subpoenas. (1) A 

request for a subpoena shall to the 

extent practical be filed: 

(i) At the same time a request for 

deposition is filed; or 

(ii) Fifteen (15) days before a 

scheduled hearing where the attendance 

of a witness at a hearing is sought. 

(2) A request for a subpoena shall 

state the reasonable scope and relevance 

to the case of the testimony and of any 

records sought. 

(3) The presiding officer, in his or her 

sole discretion, may honor requests for 

subpoenas not presented within the 

time limitations specified in this 

paragraph. 

(d) Motion to quash or modify. (1) 

Upon written request by the person 

subpoenaed or by a party, the presiding 

officer may: 

(I) Quash or modify the subpoena if it 

is unreasonable, oppressive or for other 

good cause shown, or 

(II) Require the person in whose 

behalf the subpoena was issued to 

advance the reasonable cost of 

producing subpoenaed records. Where 

circumstances require, the presiding 

officer may act upon such a request at 

any time after a copy has been served 

upon the opposing party. 

(2) Motions to quash or modify a 

subpoena shall be filed within 10 days 

of service, or at least one day prior to 

any scheduled hearing, whichever first 

occurs. The presiding officer, in his or 

her sole discretion, may entertain 

motions to quash or modify not made 

within the time limitations specified in 

this paragraph. 

(e) Form; issuance. (1) Every 

subpoena shall state the title of the 

proceeding, shall cite 39 U.S.C. 

3016(a)(2) as the authority under which 

it is issued, and shall command each 

person to whom it is directed to attend 

and give testimony, and if appropriate, 

to produce specified records at a time 

and place therein specified. In issuing a 

subpoena to a requesting party, the 

presiding officer shall sign the subpoena 

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and may, in his or her discretion, enter 

the name of the witness and otherwise 

leave it blank. The party to whom the 

subpoena is issued shall complete the 

subpoena before service. 

(2) The party at whose instance a 

subpoena is issued shall be responsible 

for the payment of fees and mileage of 

the witness in accordance with 28 

U.S.C. 1821, or other applicable law, 

and of the officer who serves the 

subpoena. The failure to make payment 

of such charges on demand may be 

deemed by the presiding officer as 

sufficient ground for striking the 

testimony of the witness and the 

evidence the witness has produced. 

(f) Service—(1) In general. The party 

requesting issuance of a subpoena shall 

arrange for service. 

(2) Service within the United States. A 

subpoena issued under this section may 

be served by a person designated under 

18 U.S.C. 3061 or by a United States 

marshal or deputy marshal, or by any 

other person who is not a party and not 

less than 18 years of age at any place 

within the territorial jurisdiction of any 

court of the United States. 

(3) Service outside the United States. 

Any such subpoena may be served upon 

any person who is not to be found 

within the territorial jurisdiction of any 

court of the United States, in such 

manner as the Federal Rules of Civil 

Procedure prescribe for service in a 

foreign country. To the extent that the 

courts of the United States may assert 

jurisdiction over such person consistent 

with due process, the United States 

District Court for the District of 

Columbia shall have the same 

jurisdiction to take any action 

respecting compliance with this section 

by such person that such court would 

have if such person were personally 

within the jurisdiction of such court. 

(4) Service on business persons. 

Service of any such subpoena may be 

made upon a partnership, corporation, 

association, or other legal entity by: 

(i) Delivering a duly executed copy 

thereof to any partner, executive officer, 

managing agent, or general agent 

thereof, or to any agent thereof 

authorized by appointment or by law to 

receive service of process on behalf of 

such partnership, corporation, 

association, or entity; 

(ii) Delivering a duly executed copy 

thereof to the principal office or place 

of business of the partnership, 

corporation, association, or entity; or 

(iii) Depositing such copy in the 

United States mails, by registered or 

certified mail, return receipt requested, 

duly addressed to such partnership, 

corporation, association, or entity at its 

principal office or place of business. 

(5) Service on natural persons. 

Service of any subpoena may be made 

upon any natural person by: 

(i) Delivering a duly executed copy to 

the person to be served; or 

(ii) Depositing such copy in the 

United States mails, by registered or 

certified mail, return receipt requested, 

duly addressed to such person at his or 

her residence or principal office or place 

of business. 

(6) Verified return. A verified return 

by the individual serving any such 

subpoena setting forth the manner of 

such service shall constitute proof of 

service. In the case of service by 

registered or certified mail, such return 

shall be accompanied by the return post 

office receipt of delivery of such 

subpoena, or a statement of service by 

registered or certified mail in the event 

that receipt of delivery is unavailable. 

(g) Contumacy or refusal to obey a 

subpoena. In the case of refusal to obey 

a subpoena, the Judicial Officer may 

request the Attorney General to petition 

the district court for any district in 

which the person receiving the 

subpoena resides, is found, or conducts 

business (or in the case of a person 

outside the territorial jurisdiction of any 

district court, the district court for the 

District of Columbia) to issue an 

appropriate order for the enforcement of 

such subpoena. Any failure to obey such 

order of the court may be punishable as 

contempt. 

§ 952.20 Witness fees. 

The Postal Service does not pay fees 

and expenses for Respondent’s 

witnesses or for depositions requested 

by Respondent, unless otherwise 

ordered by the presiding officer. 

§ 952.21 Discovery. 

(a) Voluntary discovery. The parties 

are encouraged to engage in voluntary 

discovery procedures. In connection 

with any deposition or other discovery 

procedure, the presiding officer may 

issue any order which justice requires to 

protect a party or person from 

annoyance, embarrassment, oppression, 

or undue burden or expense, and those 

orders may include limitations on the 

scope, method, time and place for 

discovery, and provisions for protecting 

the secrecy of confidential information 

or documents. 

(b) Discovery disputes. The parties are 

required to make a good faith effort to 

resolve objections to discovery requests 

informally. A party receiving an 

objection to a discovery request, or a 

party which believes that another 

party’s response to a discovery request 

is incomplete or entirely absent, may 

file a motion to compel a response, but 

such a motion must include a 

representation that the moving party has 

tried in good faith, prior to filing the 

motion, to resolve the matter informally. 

The motion to compel shall include a 

copy of each discovery request at issue 

and the response, if any. 

(c) Discovery limitations. The 

presiding officer may limit the 

frequency or extent of use of discovery 

methods described in these rules. In 

doing so, generally the presiding officer 

will consider whether: 

(1) The discovery sought is 

unreasonably cumulative or duplicative, 

or is obtainable from some other source 

that is more convenient, less 

burdensome, or less expensive; 

(2) The party seeking discovery has 

had ample opportunity by discovery in 

the case to obtain the information 

sought; or 

(3) The discovery is unduly 

burdensome and expensive, taking into 

account the needs of the case, the 

amount in controversy, limitations on 

the parties’ resources, and the 

importance of the issues at stake. 

(d) Interrogatories. At any time after 

service of the complaint, a party may 

serve on the other party written 

interrogatories to be answered 

separately in writing, signed under oath 

and returned within 30 days. Upon 

timely objection, the presiding officer 

will determine the extent to which the 

interrogatories will be permitted. 

(e) Requests for admission. At any 

time after service of the complaint, a 

party may serve upon the other party a 

request for the admission of specified 

facts. Within 30 days after service, the 

party served shall answer each 

requested fact or file objections thereto. 

The factual propositions set out in the 

request may be ordered by the presiding 

officer as deemed admitted upon the 

failure of a party to respond timely and 

fully to the request for admissions. 

(f) Requests for production of 

documents. At any time after service of 

the complaint, a party may serve on the 

other party written requests for the 

production, inspection, and copying of 

any documents, electronically stored 

information, or things, to be answered 

within 30 days. Upon timely objection, 

the presiding officer will determine the 

extent to which the requests must be 

satisfied, and if the parties cannot 

themselves agree thereon, the presiding 

officer shall specify just terms and 

conditions for compliance. 

(g) Depositions. Except as stated 

herein, depositions shall be conducted 

in accordance with Rule 30 of the 

Federal Rules of Civil Procedure. 

(1) After a complaint has been filed 

and docketed, the parties may mutually 

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agree to, or the presiding officer may, 

upon application of either party and for 

good cause shown, order the taking of 

testimony of any person by deposition 

upon oral examination or written 

interrogatories before any officer 

authorized to administer oaths at the 

place of examination, for use as 

evidence or for purpose of discovery. 

The application for order shall specify 

whether the purpose of the deposition is 

discovery or for use as evidence. 

(2) The time, place, and manner of 

conducting depositions shall be as 

mutually agreed by the parties or, failing 

such agreement, and upon proper 

application, governed by order of the 

presiding officer. 

(3) No testimony taken by deposition 

shall be considered as part of the 

evidence in the hearing of an appeal 

unless and until such testimony is 

offered and received in evidence at or 

before such hearing. It will not 

ordinarily be received in evidence if the 

deponent is available to testify at the 

hearing, but the presiding officer may 

admit testimony taken by deposition in 

his or her discretion. A deposition may 

be used to contradict or impeach the 

testimony of the witness given at the 

hearing. In cases submitted on the 

written record in lieu of an oral hearing, 

the presiding officer may, in his or her 

discretion, receive depositions as 

evidence in supplementation of that 

record. 

(4) Each party shall bear its own 

expenses associated with the taking of 

any deposition unless otherwise ordered 

by the presiding officer. 

(h) Sanctions. If a party fails to appear 

for a deposition, after being served with 

a proper notice, or fails to serve answers 

or objections to interrogatories, requests 

for admissions, or requests for the 

production or inspection of documents, 

after proper service, the party seeking 

discovery may request that the presiding 

officer impose appropriate orders. 

Failure of a party to comply with an 

order pursuant to this rule may result in 

the presiding officer’s ruling that the 

disobedient party may not support or 

oppose designated charges or defenses 

or may not introduce designated matters 

in evidence. The presiding officer may 

also infer from the disobedient party’s 

failure to comply with the order that the 

facts to which the order related would, 

if produced or admitted, be adverse to 

such party’s interests. In the sole 

discretion of the presiding officer, 

failure of a party to comply with an 

order pursuant to this rule may result in 

the presiding officer’s issuance of an 

order of default under § 952.11(c). 

§ 952.22 Transcript. 

(a) Hearings shall be reported and 

transcribed by a court reporter. 

Argument upon any matter may be 

excluded from the transcript by order of 

the presiding officer. A copy of the 

transcript shall be a part of the record 

and the sole official transcript of the 

proceeding. Copies of the transcript 

shall be supplied to the parties to the 

proceeding by the reporter at rates not 

to exceed the maximum rates fixed by 

contract between the Postal Service and 

the reporter. Copies of parts of the 

official record including exhibits 

admitted into evidence, other than the 

transcript, may be obtained by 

Respondent from the Recorder upon the 

payment of reasonable copying charges. 

Items that cannot reasonably be 

photocopied may be photographed and 

furnished in that form. 

(b) Changes in the official transcript 

may be ordered by the presiding officer 

only to correct errors affecting substance 

and then only in the manner herein 

provided. Within 10 days after the 

receipt by any party of a copy of the 

official transcript, or any part thereof, he 

or she may file a motion requesting 

correction of the transcript. Opposing 

counsel shall, within such time as may 

be specified by the presiding officer, 

notify the presiding officer in writing of 

his or her concurrence or disagreement 

with the requested corrections. Failure 

to interpose timely objection to a 

proposed correction shall be considered 

to be concurrence. Thereafter, the 

presiding officer shall by order specify 

the corrections to be made in the 

transcript. The presiding officer on his 

or her own initiative may order 

corrections to be made in the transcript 

with prompt notice to the parties of the 

proceeding. Any changes ordered by the 

presiding officer other than by 

agreement of the parties shall be subject 

to objection and exception. 

§ 952.23 Proposed findings and 

conclusions. 

(a) Each party to a proceeding, except 

one who fails to answer the complaint 

or, having answered, either fails to 

appear at the hearing or indicates in the 

answer that he or she does not desire to 

appear, may, unless at the discretion of 

the presiding officer such is not 

appropriate, submit proposed findings 

of fact, conclusions of law, orders and 

supporting reasons either in oral or 

written form in the discretion of the 

presiding officer. The presiding officer 

may also require parties to any 

proceeding to submit proposed findings 

of fact, conclusions of law, orders, and 

supporting reasons. Unless given orally, 

the date set for filing of proposed 

findings of fact, conclusions of law, 

orders and supporting reasons shall be 

within 30 days after the delivery of the 

official transcript to the Recorder who 

shall notify both parties of the date of 

its receipt. The filing date for proposed 

findings of fact, conclusions of law, 

orders and supporting reasons shall be 

the same for both parties. If not 

submitted by such date, or unless 

extension of time for the filing thereof 

is granted, they will not be included in 

the record or given consideration. 

(b) Except when presented orally 

before the close of the hearing, proposed 

findings of fact shall be set forth in 

serially numbered paragraphs and shall 

state with particularity all evidentiary 

facts in the record with appropriate 

citations to the transcript or exhibits 

supporting the proposed findings. Each 

proposed conclusion shall be separately 

stated. 

(c) Except when presented orally 

before the close of the hearing, proposed 

orders shall state the statutory basis of 

the order and, with respect to orders 

proposed to be issued pursuant to 39 

U.S.C. 3005(a)(3), shall be set forth in 

serially numbered paragraphs stating 

with particularity the representations 

Respondent and its representative shall 

cease and desist from using for the 

purpose of obtaining money or property 

through the mail. 

§ 952.24 Decisions. 

(a) Initial decision by Administrative 

Law Judge. A written initial decision 

shall be rendered by an Administrative 

Law Judge as soon as practical after 

completion of the hearing, or after close 

of the record in matters heard upon the 

written record in lieu of an oral hearing 

under § 952.17(b)(10). The initial 

decision shall include findings and 

conclusions with the reasons therefor 

upon all the material issues of fact or 

law presented on the record, and the 

appropriate orders or denial thereof. 

The initial decision shall become the 

final agency decision unless an appeal 

is taken in accordance with § 952.25. 

(b) Tentative or final decision by the 

Judicial Officer. When the Judicial 

Officer presides at the hearing he or she 

shall issue a final or a tentative 

decision. Such decision shall include 

findings and conclusions with the 

reasons therefor upon all the material 

issues of fact or law presented on the 

record, and the appropriate orders or 

denial thereof. The tentative decision 

shall become the final agency decision 

unless exceptions are filed in 

accordance with § 952.25. 

(c) Oral decisions. The presiding 

officer may render an oral decision (an 

initial decision by an Administrative 

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Law Judge, or a tentative or final 

decision by the Judicial Officer) at the 

close of the hearing when the nature of 

the case and the public interest warrant. 

A party which desires an oral decision 

shall notify the presiding officer and the 

opposing party at least 5 days prior to 

the date set for the hearing. Either party 

may submit proposed findings, 

conclusions, and proposed orders either 

orally or in writing at the conclusion of 

the hearing. 

§ 952.25 Exceptions to initial decision or 

tentative decision. 

(a) A party in a proceeding presided 

over by an Administrative Law Judge 

may appeal to the Judicial Officer by 

filing exceptions in a brief on appeal 

within 15 days from the receipt of the 

Administrative Law Judge’s initial 

decision. 

(b) A party in a proceeding presided 

over by the Judicial Officer may file 

exceptions within 15 days from the 

receipt of the Judicial Officer’s tentative 

decision. 

(c) If an initial or tentative decision is 

rendered orally by the presiding officer 

at the close of the hearing, he or she may 

then orally provide notice to the parties 

participating in the hearing of the time 

limit within which an appeal must be 

filed. 

(d) The date for filing the reply to an 

appeal brief or to a brief in support of 

exceptions to a tentative decision by the 

Judicial Officer is 10 days after the 

receipt thereof. No additional briefs 

shall be received unless requested by 

the Judicial Officer. 

(e) Briefs upon appeal or in support 

of exceptions to a tentative decision by 

the Judicial Officer and replies thereto 

shall be filed in duplicate with the 

Recorder and contain the following 

matter: 

(1) A subject index of the matters 

presented, with page references; a table 

of cases alphabetically arranged; a list of 

statutes and texts cited with page 

references; 

(2) A concise abstract or statement of 

the case in briefs on appeal or in 

support of exceptions; 

(3) Numbered exceptions to specific 

findings and conclusions of fact, 

conclusions of law, or recommended 

orders of the presiding officer in briefs 

on appeal or in support of exceptions; 

and 

(4) A concise argument clearly setting 

forth points of fact and of law relied 

upon in support of or in opposition to 

each exception taken, together with 

specific references to the parts of the 

record and the legal or other authorities 

relied upon. 

(f) Unless permission is granted by the 

Judicial Officer no brief shall exceed 50 

printed pages double spaced, using 12 

point type. 

(g) The Judicial Officer will extend 

the time to file briefs only upon written 

application for good cause shown. If the 

appeal brief or brief in support of 

exceptions is not filed within the time 

prescribed, the defaulting party may be 

deemed to have abandoned the appeal 

or waived the exceptions, and the initial 

or tentative decision shall become the 

final agency decision. 

§ 952.26 Judicial Officer. 

(a) The Judicial Officer is authorized: 

(1) To act as presiding officer; 

(2) To render tentative decisions; 

(3) To render final agency decisions; 

(4) To issue Postal Service orders for 

the Postmaster General; 

(5) To refer the record in any 

proceeding to the Postmaster General or 

the Deputy Postmaster General for final 

agency decision; 

(6) To remand a case to the presiding 

officer for consideration; and, 

(7) To revise or amend these rules of 

practice. 

(b) In determining appeals from initial 

decisions or exceptions to tentative 

decisions, the entire official record will 

be considered before a final agency 

decision is rendered. Before rendering a 

final agency decision, the Judicial 

Officer may order the hearing reopened 

for the presentation of additional 

evidence by the parties. 

§ 952.27 Motion for reconsideration. 

A party may file a motion for 

reconsideration of a final agency 

decision within 10 days after receiving 

it or within such longer period as the 

Judicial Officer may order. Each motion 

for reconsideration shall be 

accompanied by a brief clearly setting 

forth the points of fact and of law relied 

upon in support of said motion. 

§ 952.28 Orders. 

(a) If an order is issued which 

prohibits delivery of mail to Respondent 

it shall be incorporated in the record of 

the proceeding. The Recorder shall 

cause notice of the order to be published 

in the Postal Bulletin and cause the 

order to be transmitted to such 

postmasters and other officers and 

employees of the Postal Service as may 

be required to place the order into 

effect. 

(b) If an order is issued which 

requires Respondent to cease and desist 

from using certain representations for 

the purpose of obtaining money or 

property through the mail, it shall be 

incorporated in the record of the 

proceeding and a copy thereof shall be 

served upon Respondent or his or her or 

its agent by certified mail or by personal 

service, or if no person can be found to 

accept service, service shall be 

accomplished by ordinary mail to the 

last known address of Respondent or his 

or her or its agent. If service is not 

accomplished by certified mail, a 

statement, showing the time and place 

of delivery, signed by the postal 

employee who delivered the order, shall 

be forwarded to the Recorder. 

§ 952.29 Modification or revocation of 

orders. 

A party against which an order or 

orders have been issued may file an 

application for modification or 

revocation thereof. The Recorder shall 

transmit a copy of the application to the 

Chief Postal Inspector or his or her 

designee, who shall file a written reply 

within 10 days after filing or such other 

period as the Judicial Officer may order. 

A copy of the reply shall be sent to the 

applicant by the Recorder. Thereafter an 

order granting or denying such 

application will be issued by the 

Judicial Officer. 

§ 952.30 Supplemental orders. 

When the Chief Postal Inspector or his 

or her designee, or the Chief Postal 

Inspector’s designated representative 

shall have reason to believe that a 

person is evading or attempting to evade 

the provisions of any such orders by 

conducting the same or a similar 

enterprise under a different name or at 

a different address, he or she may file 

a petition with accompanying evidence 

setting forth the alleged evasion or 

attempted evasion and requesting the 

issuance of a supplemental order or 

orders against the name or names 

allegedly used. Notice shall then be 

given by the Recorder to the person that 

the order has been requested and that an 

answer may be filed within 10 days of 

the notice. The Judicial Officer, for good 

cause shown, may hold a hearing to 

consider the issues in controversy, and 

shall, in any event, render a final 

decision granting or denying the 

supplemental order or orders. 

§ 952.31 Computation of time. 

A designated period of time under 

these rules excludes the day the period 

begins, and includes the last day of the 

period unless the last day is a Saturday, 

Sunday, or legal holiday, in which event 

the period runs until the close of 

business on the next business day. 

§ 952.32 Official record. 

The hearing transcript together with 

all pleadings, orders, exhibits, briefs and 

other documents filed in the proceeding 

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shall constitute the official record of the 

proceeding. 

§ 952.33 Public information. 

The Librarian of the Postal Service 

maintains for public inspection in the 

Library copies of all initial, tentative 

and final agency decisions and orders. 

The Recorder maintains the complete 

official record of every proceeding. 

§ 952.34 Ex parte communications. 

The provisions of 5 U.S.C. 551(14), 

556(d), and 557(d) prohibiting ex parte 

communications apply to proceedings 

under these rules of practice. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2011–5872 Filed 3–14–11; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011—0131, FRL–9280–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

California; Regional Haze State 

Implementation Plan and Interstate 

Transport Plan; Interference With 

Visibility Requirement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the California State 

Implementation Plan (SIP) that 

addresses regional haze for the first 

implementation period through 2018. 

This revision addresses the 

requirements of the Clean Air Act (CAA 

or ‘‘Act’’) and EPA’s rules that require 

states to prevent any future and remedy 

any existing anthropogenic impairment 

of visibility in mandatory Class I areas 

caused by emissions of air pollutants 

from numerous sources located over a 

wide geographic area (also referred to as 

the ‘‘regional haze program’’). States are 

required to assure reasonable progress 

toward the national goal of achieving 

natural visibility conditions in Class I 

areas. 

In addition, we are proposing to 

approve certain portions of this 

Regional Haze SIP revision and a related 

SIP revision submitted by California on 

November 16, 2007, as meeting the 

requirements of CAA Section 

110(a)(2)(D)(i)(II) regarding interference 

with other states’ measures to protect 

visibility for the 1997 8-hour ozone and 

1997 particulate matter (PM2.5) National 

Ambient Air Quality Standards 

(NAAQS). 

DATES: Written comments must be 

received at the address below on or 

before April 14, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R09–OAR–2011—0131 by one of the 

following methods: 

1. Federal Rulemaking portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

2. E-mail: Wamsley.Jerry@epa.gov. 

3. Fax: 415–947–3579 (Attention: 

Jerry Wamsley). 

4. Mail: Jerry Wamsley, EPA Region 9, 

Air Division, Planning Office (Air-2), 75 

Hawthorne Street, San Francisco, 

California 94105. 

5. Hand Delivery or Courier: Such 

deliveries are only accepted Monday 

through Friday, 8:30 a.m.–4:30 p.m., 

excluding Federal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R09–OAR–2011— 

0131. Our policy is that EPA will 

include all comments received in the 

public docket without change. EPA may 

make comments 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 through http:// 

www.regulations.gov or e-mail that you 

consider to be CBI or otherwise 

protected. 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, EPA will include 

your e-mail address 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available (e.g., CBI or other 

information whose disclosure is 

restricted by statute). Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy form. Publicly available docket 

materials are available either 

electronically at http:// 

www.regulations.gov, or in hard copy at 

the EPA Region 9, Air Division, 

Planning Office, Air-2, 75 Hawthorne 

Street, San Francisco, CA 94105. EPA 

requests that 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 

Friday, 9–5:30 PST, excluding Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Wamsley, U.S.E.P.A., Region 9, Air 

Division, Planning Office, Air-2, 75 

Hawthorne Street, San Francisco, CA 

94105; via telephone at (415) 947–4111; 

or via electronic mail at 

wamsley.jerry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

or ‘‘our,’’ refer to EPA. 

Table of Contents 

I. The State’s Submittals 

II. What is the background for EPA’s 

proposed action? 

A. The Regional Haze Problem 

B. Requirements of the CAA and EPA’s 

Regional Haze Rule 

C. Roles of Agencies in Addressing 

Regional Haze 

D. Interstate Transport Pollution and 

Visibility Requirements 

III. What are the requirements for regional 

haze SIPs? 

A. The CAA and the Regional Haze Rule 

B. Determination of Baseline, Natural, and 

Current Visibility Conditions 

C. Determination of Reasonable Progress 

Goals 

D. Best Available Retrofit Technology 

E. Long Term Strategy 

F. Coordination of the Regional Haze SIP 

and Reasonably Attributable Visibility 

Impairment 

G. Monitoring Strategy and Other 

Implementation Plan Requirements 

H. Consultation With States and Federal 

Land Managers 

IV. EPA’s Analysis of the California Regional 

Haze Plan 

A. Affected Class I Areas in California 

B. Visibility Conditions and Uniform Rate 

of Progress 

1. Baseline and Natural Visibility 

Conditions 

2. Uniform Rate of Progress Estimate 

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