60090 Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Rules and Regulations 

§ 3.309 Disease subject to presumptive 

service connection.

* * * * *

(c) Diseases specific as to former 

prisoners of war. (1) If a veteran is a 

former prisoner of war, the following 

diseases shall be service connected if 

manifest to a degree of disability of 10 

percent or more at any time after 

discharge or release from active 

military, naval, or air service even 

though there is no record of such 

disease during service, provided the 

rebuttable presumption provisions of 

§ 3.307 are also satisfied. 

Psychosis. 

Any of the anxiety states. 

Dysthymic disorder (or depressive 

neurosis). 

Organic residuals of frostbite, if it is 

determined that the veteran was 

interned in climatic conditions 

consistent with the occurrence of 

frostbite. 

Post-traumatic osteoarthritis. 

Atherosclerotic heart disease or 

hypertensive vascular disease 

(including hypertensive heart disease) 

and their complications (including 

myocardial infarction, congestive heart 

failure, arrhythmia). 

Stroke and its complications. 

(2) If the veteran: 

(i) Is a former prisoner of war and; 

(ii) Was interned or detained for not 

less than 30 days, the following diseases 

shall be service connected if manifest to 

a degree of 10 percent or more at any 

time after discharge or release from 

active military, naval, or air service even 

though there is no record of such 

disease during service, provided the 

rebuttable presumption provisions of 

§ 3.307 are also satisfied. 

Avitaminosis. 

Beriberi (including beriberi heart 

disease). 

Chronic dysentery. 

Helminthiasis. 

Malnutrition (including optic atrophy 

associated with malnutrition). 

Pellagra. 

Any other nutritional deficiency. 

Irritable bowel syndrome. 

Peptic ulcer disease. 

Peripheral neuropathy except where 

directly related to infectious causes. 

Cirrhosis of the liver.

Authority: 38 U.S.C. 1112(b).

* * * * *

[FR Doc. 04–22543 Filed 10–6–04; 8:45 am] 

BILLING CODE 8320–01–P

POSTAL SERVICE

39 CFR Part 501

Authorization to Manufacture and 

Distribute Postage Meters

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: This final rule amends the 

regulations that define a postage meter 

and its components and a manufacturer 

and/or distributor of postage meters. 

The rule also puts forth the 

responsibilities of any authorized 

person or entity to notify the Postal 

Service upon a change in ownership or 

control, or bankruptcy or insolvency, 

and identifies factors the Postal Service 

will consider in acting upon requests for 

changes of approval, ownership, or 

control of an approved manufacturer or 

distributor.

DATES: This rule is effective on October 

7, 2004.

FOR FURTHER INFORMATION CONTACT:

Wayne Wilkerson, manager of Postage 

Technology Management, by fax at 703–

292–4050.

SUPPLEMENTARY INFORMATION: A 

proposed rule was published in the 

Federal Register on May 10, 2004, pages 

25864–25865, with comments due on or 

before July 9, 2004. Written comments 

were received from the vendor 

community. 

The Postal Service gave thorough 

consideration to these comments, and 

incorporated as appropriate with only 

minor, non-material exception. You may 

review comments received by 

submitting a request of the office of 

Postage Technology Management at 

703–292–3691 or by fax at 703–292–

4073. 

The final plan follows.

List of Subjects in 39 CFR Part 501

Administrative practice and 

procedure, Postal Service.

The Amendment

■ For the reasons set out in this 

document, the Postal Service is 

amending 39 CFR Part 501 as follows:

PART 501—AUTHORIZATION TO 

MANUFACTURE AND DISTRIBUTE 

POSTAGE METERS

■ 1. The authority citation for Part 501 

continues to read as follows:

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 

401, 403, 404, 410, 2601, 2605; Inspector 

General Act of 1978, as amended (Pub. L. 

95’452, as amended), 5 U.S.C. App. 3.

■ 2. Revise § 501.1 to read as follows:

§ 501.1 Postage evidencing system/

infrastructure authorization. 

(a) Postage evidencing systems 

produce evidence of prepayment of U.S. 

postage by any method other than 

postage stamps or permit imprint. They 

include but are not limited to postage 

meters and PC Postage’’ systems. The 

Postal Service considers the 

infrastructure associated with such 

systems to be essential to the exercise of 

its specific powers to prescribe postage 

and provide evidence of payment of 

postage under 39 U.S.C. 404(a)(2) and 

(4). 

(b) Due to the potential for adverse 

impact upon Postal Service revenue, the 

following activities may not be engaged 

in by any person or concern without 

prior, written approval of the Postal 

Service: 

(1) Producing or distributing any 

postage evidencing system that 

generates U.S. postage. 

(2) Repairing, distributing, 

refurbishing, remanufacturing, or 

destroying any component of a postage 

evidencing system that accounts for or 

authorizes the printing of U.S. postage. 

(3) Owning or operating an 

infrastructure that maintains operating 

data for the production of U.S. postage, 

or accounts for U.S. postage purchased 

for distribution through a postage 

evidencing system. 

(4) Owning or operating an 

infrastructure that maintains operating 

data that is used to facilitate licensing 

or registration with the Postal Service of 

users of a postage evidencing system. 

(c) Any person or entity seeking 

authorization to perform any activity 

described in paragraph (b) of this 

section must submit a request to the 

Postal Service in person or in writing. 

(d) Approval shall be based upon 

satisfactory evidence of the applicant’s 

integrity and financial responsibility, 

and commitment to the security of the 

postage evidencing system, and a 

determination that disclosure to the 

applicant of the Postal Service 

customer, financial, or other data of a 

commercial nature necessary to perform 

the function for which approval is 

sought would be appropriate and 

consistent with good business practices 

within the meaning of 39 U.S.C. 410 

(c)(2). The Postal Service may condition 

its approval on the agreement to 

undertakings by the applicant that 

would give the Postal Service 

appropriate assurance of the applicant’s 

ability to meet its obligations under this 

section, including but not limited to the 

method and manner of performing 

certain financial, security, and servicing 

functions and the need to maintain 

sufficient financial reserves to guarantee 

Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Rules and Regulations 60091

uninterrupted performance of not less 

than 3 months of operation. 

(e) Qualification and approval may be 

based upon conditions agreed to by the 

Postal Service and the applicant. The 

applicant is approved in writing to 

engage in the function(s) for which 

authorization was sought and approved.

■ 3. Revise § 501.3 to read as follows:

§ 501.3 Changes in ownership or control, 

bankruptcy, or insolvency. 

(a) Any person or entity authorized 

under § 501.1 must promptly notify the 

Postal Service when it has a reasonable 

expectation that there may be a change 

in its ownership or control including 

changes in the ownership of an affiliate 

which exercises control over its postage 

evidencing system operations in the 

United States. A change of ownership or 

control within the meaning of this 

section includes entry into a strategic 

alliance or other agreement whereby the 

third party has access to data related to 

the security of the system or the third 

party is a competitor to the Postal 

Service. Any person or entity seeking to 

acquire ownership or control of a person 

or entity authorized under § 501.1 must 

provide the Postal Service satisfactory 

evidence that it satisfies the conditions 

for approval stated in § 501.1. Early 

notification of a proposed change in 

ownership or control will facilitate 

expeditious review of an application to 

acquire ownership or control under this 

section. 

(b) Any person or entity authorized 

under § 501.1 must promptly notify the 

Postal Service when it has a reasonable 

expectation that there may be a change 

in the status of its financial condition 

either through bankruptcy, insolvency, 

assignment for the benefit of creditors, 

or other similar financial action. Any 

person or entity authorized under 

§ 501.1 who experiences a change in the 

status of its financial condition may, at 

the discretion of the Postal Service, have 

its authorization under § 501.1 modified 

or terminated.

Stanley F. Mires, 

Chief Counsel, Legislative.

[FR Doc. 04–22234 Filed 10–6–04; 8:45 am] 

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[FRL–7825–5] 

Delaware: Final Authorization of State 

Hazardous Waste Management 

Program Revisions

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: Delaware has applied to EPA 

for final authorization of revisions to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). EPA has determined that 

these revisions satisfy all requirements 

needed to qualify for final authorization 

and is authorizing Delaware’s revisions 

through this immediate final action. 

EPA is publishing this rule to authorize 

the revisions without a prior proposal 

because we believe this action is not 

controversial and do not expect 

comments that oppose it. Unless we 

receive written comments that oppose 

this authorization during the comment 

period, the decision to authorize 

Delaware’s revisions to its hazardous 

waste program will take effect. If we 

receive comments that oppose this 

action, or portions thereof, we will 

publish a document in the Federal 

Register withdrawing the relevant 

portions of this rule, before they take 

effect, and a separate document in the 

proposed rules section of this Federal 

Register will serve as a proposal to 

authorize revisions to Delaware’s 

program that were the subject of adverse 

comments.

DATES: This final authorization will 

become effective on December 6, 2004, 

unless EPA receives adverse written 

comments by November 8, 2004. If EPA 

receives any such comment, it will 

publish a timely withdrawal of this 

immediate final rule in the Federal 

Register and inform the public that this 

authorization, or portions thereof, will 

not take effect as scheduled.

ADDRESSES: Submit your comments, 

identified by FRL–7825–5 by one of the 

following methods: 

1. Federal eRulemaking Portal:

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

on-line instructions for submitting 

comments. 

2. E-mail: 

ellerbe.lillie@epamail.epa.gov

3. Mail: Lillie Ellerbe, Mailcode 

3WC21, RCRA State Programs Branch, 

U.S. EPA Region III, 1650 Arch Street, 

Philadelphia, PA 19103–2029. 

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

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

You may inspect and copy Delaware’s 

application from 8 a.m. to 4:30 p.m., 

Monday through Friday at the following 

addresses: Delaware Department of 

Natural Resources & Environmental 

Control, Division of Air & Waste 

Management, Solid and Hazardous 

Waste Management Branch, 89 Kings 

Highway, Dover, DE 19901, Phone 

number (302) 739–3689, Attn: Karen 

J’Anthony, and EPA Region III, Library, 

2nd Floor, 1650 Arch Street, 

Philadelphia, PA 19103–2029, Phone 

number: (215) 814–5254. 

Instructions: Direct your comments to 

FRL–7825–5. EPA’s policy is that all 

comments received will be included in 

the public file without change, 

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through http://

www.regulations.gov or e-mail. The 

Federal http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system 

which means that EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an e-mail 

comment directly to EPA without going 

through http://www.regulations.gov,

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public file 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 and any 

form of encryption, and be free of any 

defects or viruses.

FOR FURTHER INFORMATION CONTACT:

Lillie Ellerbe, Mailcode 3WC21, RCRA 

State Programs Branch, U.S. EPA Region 

III, 1650 Arch Street, Philadelphia, PA 

19103–2029, Phone number: (215) 814–

5454.

SUPPLEMENTARY INFORMATION: 

A. Why Are Revisions to State 

Programs Necessary? 

States that have received final 

authorization from EPA under RCRA