Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations 15219 

will govern proceedings docketed on or 

after March 30, 2011. 

List of Subjects in 39 CFR Part 965 

Administrative practice and 

procedure, Mail disputes, Postal 

Service. 

Accordingly, the Postal Service 

adopts amendments to 39 CFR part 965 

as set forth below. 

PART 965—RULES OF PRACTICE IN 

PROCEEDINGS RELATIVE TO MAIL 

DISPUTES 

■ 1. The authority citation for part 965 

continues to read as follows: 

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

■ 2. Section 965.1 is revised to read as 

follows: 

§ 965.1 Authority for rules. 

These rules of practice are issued by 

the Judicial Officer of the U.S. Postal 

Service pursuant to authority delegated 

by the Postmaster General. 

■ 3. Section 965.2 is revised to read as 

follows: 

§ 965.2 Scope of rules. 

The rules in this part shall be 

applicable to mail dispute cases 

forwarded to the Judicial Officer 

pursuant to Postal Operations Manual 

section 616.21. 

■ 4. Section 965.3 is revised to read as 

follows: 

§ 965.3 Notice to parties. 

Upon receipt of a mail dispute case, 

the Recorder, Office of the Judicial 

Officer, United States Postal Service, 

2101 Wilson Boulevard, Suite 600, 

Arlington, VA 22201–3078, will send a 

notice of docketing and submission due 

date to the parties together with a copy 

of these rules. 

■ 5. Section 965.4 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 965.4 Presiding officers. 

* * * * * 

(b) * * * 

(2) Render an initial decision, if the 

presiding officer is not the Judicial 

Officer; or if the presiding officer is the 

Judicial Officer, issue a tentative or a 

final decision or order. 

■ 6. Section 965.5 is revised to read as 

follows: 

§ 965.5 Initial submissions by parties. 

Within 15 days after receipt of the 

Recorder’s notice, each party shall file 

with the Recorder a sworn statement of 

the facts supporting its claim to receipt 

of the mail together with a copy of each 

document on which it relies in making 

such claim, and any arguments 

supporting its claim. 

■ 7. Section 965.6 is revised to read as 

follows: 

§ 965.6 Comments by parties. 

Within 10 days of receipt of the other 

party’s initial submission under § 965.5, 

each party may file with the Recorder an 

additional statement or rebuttal 

argument setting forth in detail its 

disagreements, if any, with its 

opponent’s initial submission. Such 

rebuttal may include any additional 

documents relevant to the dispute. 

■ 8. Section 965.8 is amended by 

revising paragraph (a) to read as follows: 

§ 965.8 Hearings. 

(a) Generally, mail dispute cases are 

resolved based on written submissions. 

However, in the discretion of the 

presiding officer an oral hearing may be 

conducted where in the opinion of the 

presiding officer, the case cannot be 

resolved by a review of the documentary 

evidence. 

* * * * * 

§ 965.9 [Amended] 

■ 9. Section 965.9 is amended by 

removing paragraph (c). 

■ 10. Section 965.12 is revised to read 

as follows: 

§ 965.12 Appeal. 

Within 10 days after receipt by the 

parties of the initial or tentative 

decision, either party may file an appeal 

to the Judicial Officer. The Judicial 

Officer, or by delegation the Associate 

Judicial Officer, in his or her sole 

discretion, also may review the initial or 

tentative decision on his or her own 

initiative. If an appeal is denied, the 

initial or tentative decision becomes the 

final agency decision upon the issuance 

of such denial. If an appeal is not filed 

and the Judicial Officer, or by delegation 

the Associate Judicial Officer does not 

review the initial or tentative decision 

on his or her own initiative, a final 

order will be issued. The Judicial 

Officer’s decision on appeal or his or 

her final order is the final agency 

decision with no further agency review 

or appeal rights. 

■ 11. Section 965.14 is revised to read 

as follows: 

§ 965.14 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. 

Copies of decisions also are available on 

the Judicial Officer’s section of the 

official Web site of the U.S. Postal 

Service. The Recorder maintains the 

complete official record of every 

proceeding. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2011–6332 Filed 3–18–11; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R09–OAR–2008–0306; FRL–9284–3] 

Approval and Promulgation of 

Implementation Plans; Designation of 

Areas for Air Quality Planning 

Purposes; State of California; PM–10; 

Technical Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: EPA is making a technical 

amendment to the Code of Federal 

Regulations to reflect the final actions 

published by the Agency on November 

12, 2008 in connection with the 

designations of the San Joaquin Valley 

Air Basin and East Kern areas for 

particulate matter of ten microns or less 

(PM–10). 

DATES: This technical amendment is 

effective on March 21, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Doris Lo, EPA Region IX, (415) 972– 

3959, lo.doris@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

November 12, 2008, among other 

actions, EPA approved the State of 

California’s request under the Clean Air 

Act (CAA or the Act) to revise the 

designation for the San Joaquin Valley 

serious nonattainment area for 

particulate matter of ten microns or less 

(PM–10) by splitting the area into two 

separate nonattainment areas: The San 

Joaquin Valley Air Basin (SJVAB) 

serious nonattainment area and the East 

Kern serious nonattainment area. See 73 

FR 66759 (November 12, 2008). In the 

November 12, 2008 final rule, EPA also 

redesignated the SJVAB to attainment 

for the PM–10 national ambient air 

quality standard (NAAQS). 

In relevant part, the amendatory 

language on page 66773 of the 

November 12, 2008 final rule states: ‘‘In 

§ 81.305 the ‘‘California—PM–10’’ table 

is amended under Fresno, Kern, Kings, 


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15220 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations 

1The one exception is the entry of ‘‘11/15/90’’ as 

the date for East Kern’s classification as a ‘‘serious’’ 

PM–10 nonattainment area. 73 FR 66759, at 66774 

(November 12, 2008). The correct date is ‘‘02/08/ 

93.’’ See 58 FR 3334 (January 8, 1993). Today’s 

technical amendment includes the correct date for 

East Kern’s classification as a ‘‘serious’’ PM–10 

nonattainment. 

Madera, Merced, San Joaquin, 

Stanislaus, Tulare Counties by revising 

the entry for the ‘‘San Joaquin Valley 

planning area’’ to read as follows.’’ 

Following this amendatory language, in 

the PM–10 table itself, the final rule 

retains the entry for the Indian Wells 

Valley planning area (which was 

unaffected by EPA’s November 12, 2008 

final rule) by use of asterisks and 

identifies the two areas, East Kern and 

San Joaquin Valley Air Basin, and their 

respective designations and 

classifications for the PM–10 NAAQS 

consistent with the final Agency actions 

published in the November 12, 2008 

final rule, that EPA intended as a 

replacement for the then-existing entry 

for the ‘‘San Joaquin Valley planning 

area.’’ 

With one exception, the descriptions 

of the areas and their designations and 

classifications are correct as set forth in 

the final rule; however, the amendatory 

language introducing the change to part 

81 and referring to a revision of the 

entry for the ‘‘San Joaquin Valley 

planning area’’ was unclear to the Office 

of the Federal Register, and as a result, 

the electronic version of the CFR (‘‘eCFR’’) and hard-copy publication of 

‘‘Parts 81 and 84’’ of title 40 in years 

2009 and 2010 do not identify East Kern 

as a PM–10 nonttainment area.1 EPA is 

today issuing a technical amendment to 

reconcile the CFR with the Agency’s 

November 12, 2008 final rule, and to do 

so, EPA is adding East Kern as a PM– 

10 area under the entry ‘‘Fresno, Kern, 

Kings, Madera, Merced, San Joaquin, 

Stanislaus, Tulare Counties’’ in the 

‘‘California—PM–10’’ table in 40 CFR 

81.305. Today’s technical amendment 

makes no changes to the substance of 

the November 12, 2008 final rule. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: March 11, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 81, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 81—[AMENDED] 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. Section 81.305 of the ‘‘CaliforniaPM–10’’ table is amended under Fresno, 

Kern, Kings, Madera, Merced, San 

Joaquin, Stanislaus, Tulare Counties by 

revising the entries for ‘‘Indian Wells 

Valley planning’’ and ‘‘San Joaquin 

Valley Air Basin’’ and by adding ‘‘East 

Kern’’ to read as follows: 

§ 81.305 California. 

* * * * * 

CALIFORNIA—PM–10 

Designated Area 

Designation Classification 

Date Type Date Type 

*******

Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, Tulare Counties: 

Indian Wells Valley planning area: That portion of Kern County contained within Hydrologic Unit #18090205.6/6/03 Attainment 

San Joaquin Valley Air Basin; Fresno County, Kings County, Madera County, Merced 

County, San Joaquin County, Stanislaus County, Tulare County, and that portion of 

Kern County which lies west and north of a line described as follows: Beginning at the 

Kern-Los Angeles County boundary and running north and east along the northwest 

boundary of the Rancho La Libre Land Grant to the point of intersection with the range 

line common to R. 16 W. and R. 17 W., San Bernardino Base and Meridian; north 

along the range line to the point of intersection with the Rancho El Tejon Land Grant 

boundary; then southeast, northeast, and northwest along the boundary of the Rancho 

El Tejon Land Grant to the northwest corner of S. 3, T. 11 N., R. 17 W.; then west 1.2 

miles; then north to the Rancho El Tejon Land Grant boundary; then northwest along 

the Rancho El Tejon line to the southeast corner of S. 34, T. 32 S., R. 30 E., Mount 

Diablo Base and Meridian; then north to the northwest corner of S. 35, T. 31 S., R. 30 

E.; then northeast along the boundary of the Rancho El Tejon Land Grant to the southwest corner of S. 18, T. 31 S., R. 31 E.; then east to the southeast corner of S. 13, T. 

31 S., R. 31 E.; then north along the range line common to R. 31 E. and R. 32 E., 

Mount Diablo Base and Meridian, to the northwest corner of S. 6, T. 29 S., R. 32 E.; 

then east to the southwest corner of S. 31, T. 28 S., R. 32 E.; then north along the 

range line common to R. 31 E. and R. 32 E. to the northwest corner of S. 6, T. 28 S., 

R. 32 E., then west to the southeast corner of S. 36, T. 27 S., R. 31 E., then north 

along the range line common to R. 31 E. and R. 32 E. to the Kern-Tulare County 

boundary.

12/12/08 Attainment 

East Kern: That portion of Kern County which lies between the following two lines (with 

the exception of that portion in Hydrologic Unit Number 18090205—the Indian Wells 

Valley): 

11/15/90 Nonattainment 02/08/93 Serious. 


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Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations 15221 

CALIFORNIA—PM–10—Continued 

Designated Area 

Designation Classification 

Date Type Date Type 

(1) West and north of a line described as follows: Beginning at the southwest corner 

of section 31, T. 10 N 16 W and running east to the northwest boundary of the 

Rancho La Liebre Land Grant; then running north and east along the northwest 

boundary of the Rancho La Liebre Land Grant to the point of intersection with the 

range line common to R. 15 W. and R. 16 W., San Bernardino Base and Meridian; 

then north along the range line to the northwest corner of section 2, T. 32 S., R. 32 

E., Mount Diablo Base and Meridian; then east along the township line common to 

T. 32 S. and T. 31 S.; then north along the range line common to R. 35 E. and R. 

34 E.; then east along the township line common to T. 29 S. and T. 28 S.; then 

north along the range line common to R. 36 E. and R. 35 E.; then east along the 

township line common to T. 28 S. and T. 27 S.; then north along the range line 

common to R. 37 E. and R. 36 E. to the Kern-Tulare County boundary.

(2) East and south of a line of a line described as follows: Beginning at the southwest corner of section 31, T. 10 N 16 W and running north along the range line 

common to R. 16 W. and R. 17 W., San Bernardino Base and Meridian; north 

along the range line to the point of intersection with the Rancho El Tejon Land 

Grant boundary; then southeast, northeast, and northwest along the boundary of 

the Rancho El Tejon Land Grant to the northwest corner of S. 3, T. 11 N., R. 17 

W.; then west 1.2 miles; then north to the Rancho El Tejon Land Grant boundary; 

then northwest along the Rancho El Tejon line to the southeast corner of S. 34, T. 

32 S., R. 30 E., Mount Diablo Base and Meridian; then north to the northwest corner of S. 35, T. 31 S., R. 30 E.; then northeast along the boundary of the Rancho 

El Tejon Land Grant to the southwest corner of S. 18, T. 31 S., R. 31 E.; then east 

to the southeast corner of S. 13, T. 31 S., R. 31 E.; then north along the range line 

common to R. 31 E. and R. 32 E., Mount Diablo Base and Meridian, to the northwest corner of S. 6, T. 29 S., R. 32 E.; then east to the southwest corner of S. 31, 

T. 28 S., R. 32 E.; then north along the range line common to R. 31 E. and R. 32 

E. to the northwest corner of S. 6, T. 28 S., R. 32 E., then west to the southeast 

corner of S. 36, T. 27 S., R. 31 E., then north along the range line common to R. 

31 E. and R. 32 E. to the Kern-Tulare County boundary.

* * * * * * * 

[FR Doc. 2011–6559 Filed 3–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

49 CFR Part 1 

[Docket No. DOT–OST–1999–6189] 

RIN 9991–AA56 

Organization and Delegation of Powers 

and Duties; Assistant Secretary for 

Administration 

AGENCY: Office of the Secretary of 

Transportation. 

ACTION: Final rule. 

SUMMARY: This rule delegates authorities 

vested in the Secretary of 

Transportation (Secretary) by the Energy 

Independence and Security Act of 2007 

(Act) (Pub. L. 110–140; December 19, 

2007) to the Assistant Secretary for 

Administration. 

DATES: This rule is effective March 21, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Eugene Tumblin in the Office of 

Facilities, Information, and Asset 

Management at (202) 366–0266 or Brett 

Jortland in the Office of the General 

Counsel at (202) 366–9314. 

SUPPLEMENTARY INFORMATION: On 

December 19, 2007, the Act was signed 

into law. Title 49 of the Code of Federal 

Regulations (CFR) 1.59 delegates to the 

Assistant Secretary for Administration 

the authority to carry out various 

functions and activities related to the 

mission of the agency vested in or 

delegated to the Secretary. The 

Secretary has determined that certain 

authority vested in the Secretary under 

the Act concerning DOT fleet 

management activities should be 

delegated to the Assistant Secretary for 

Administration. This rulemaking adds 

subparagraph (a)(7) to § 1.59 to reflect 

these delegations. 

Since this amendment relates to 

departmental management, 

organization, procedure, and practice, 

notice and comment are unnecessary 

under 5 U.S.C. 553(b). Further, since the 

amendment expedites the Department’s 

ability to meet the statutory intent of the 

applicable laws and regulations covered 

by this delegation, the Secretary finds 

good cause under 5 U.S.C. 553(d)(3) for 

the final rule to be effective on the date 

of publication in the Federal Register. 

Regulatory Analyses and Notices 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

The final rule is not considered a 

significant regulatory action under 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures (44 

FR 11034). There are no costs associated 

with this rule. 

B. Executive Order 13132 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This final rule 

does not have a substantial direct effect 

on, or sufficient federalism implications 

for, the States, nor would it limit the 

policymaking discretion of the States. 

Therefore, the consultation 

requirements of Executive Order 13132 

do not apply. 

C. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this final rule does not 

significantly or uniquely affect the 


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