72686 Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Rules and Regulations 

COLREGS without interfering with its 

special function as a naval ship. The 

intended effect of this rule is to warn 

mariners in waters where 72 COLREGS 

apply. 

DATES: This rule is effective November 

26, 2010 and is applicable beginning 

November 17, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Jaewon Choi, JAGC, U.S. 

Navy, Admiralty Attorney, (Admiralty 

and Maritime Law), Office of the Judge 

Advocate General, Department of the 

Navy, 1322 Patterson Ave., SE., Suite 

3000, Washington Navy Yard, DC 

20374–5066, telephone number: 202– 

685–5040. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the authority granted in 33 U.S.C. 

1605, the DoN amends 32 CFR Part 706. 

This amendment provides notice that 

the DAJAG (Admiralty and Maritime 

Law), under authority delegated by the 

Secretary of the Navy, has certified that 

USS ANTIETAM (CG 54) is a vessel of 

the Navy which, due to its special 

construction and purpose, cannot fully 

comply with the following specific 

provisions of 72 COLREGS without 

interfering with its special function as a 

naval ship: Annex I, paragraph 3(a), 

pertaining to the horizontal distance 

between the forward and after masthead 

lights. The DAJAG (Admiralty and 

Maritime Law) has also certified that the 

lights involved are located in closest 

possible compliance with the applicable 

72 COLREGS requirements. 

Moreover, it has been determined, in 

accordance with 32 CFR Parts 296 and 

701, that publication of this amendment 

for public comment prior to adoption is 

impracticable, unnecessary, and 

contrary to public interest since it is 

based on technical findings that the 

placement of lights on this vessel in a 

manner differently from that prescribed 

herein will adversely affect the vessel’s 

ability to perform its military functions. 

List of Subjects in 32 CFR Part 706 

Marine safety, Navigation (water), and 

Vessels. 

■ For the reasons set forth in the 

preamble, amend part 706 of title 32 of 

the CFR as follows: 

PART 706—CERTIFICATIONS AND 

EXEMPTIONS UNDER THE 

INTERNATIONAL REGULATIONS FOR 

PREVENTING COLLISIONS AT SEA, 

1972 

■ 1. The authority citation for part 706 

continues to read as follows: 

Authority: 33 U.S.C. 1605. 

■ 2. Section 706.2 is amended in Table 

Five, by revising, in alpha numerical 

order, by vessel number, an entry for 

USS ANTIETAM (CG 54): 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

TABLE FIVE

Vessel Number 

Masthead 

lights not over all 

other lights and 

obstructions. 

Annex I, 

sec. 2(f) 

Forward 

masthead light not 

in forward quarter 

of ship. Annex I, 

sec. 3(a) 

After 

masthead light 

less than 1⁄2 ship’s 

length aft of 

forward masthead 

light. Annex I, sec. 

3(a) 

Percentage 

horizontal 

separation 

attained 

*******

USS ANTIETAM ..................................... CG 54 .............................. X X 36.8 

*******

* * * * * 

Approved: November 17, 2010. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate, General (Admiralty 

and Maritime Law). 

Dated: November 18, 2010. 

D.J. Werner, 

Lieutenant Commander, Office of the Judge 

Advocate General, U.S. Navy, Federal 

Register Liaison Officer. 

[FR Doc. 2010–29771 Filed 11–24–10; 8:45 am] 

BILLING CODE 3810–FF–P 

POSTAL SERVICE 

39 CFR Part 111 

Express Mail Open and Distribute and 

Priority Mail Open and Distribute 

AGENCY: Postal Service.TM

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®) 705.16 to require the use of a 

single-ply address label containing a 

service barcode with unique Service 

Type Code ‘‘723’’ or a ‘‘DB’’ prefix along 

with new Tag 257, Tag 267, or Label 

257S, on all Express Mail® Open and 

Distribute containers. The Postal Service 

is also revising the service commitment 

for Express Mail Open and Distribute as 

a guaranteed end of day product; and 

adding a five-pound minimum weight 

requirement for Express Mail Open and 

Distribute and Priority Mail® Open and 

Distribute sacks. 

DATES: Effective Date: January 2, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Jewelyn Harrington at 202–268–7648 or 

Garry Rodriguez at 202–268–7281. 

SUPPLEMENTARY INFORMATION: On 

September 17, 2010, the Postal Service 

published a proposed rule in the 

Federal Register (75 FR 56920–56922) 

to change the standards for Express Mail 

Open and Distribute. After reviewing 

the comments, and upon further 

consideration of the proposed revisions, 

the Postal Service has decided to adopt 

the proposed regulations with a minor 

revision. 

Comments 

The Postal Service received three 

comments and a request for 

clarification: 

1. All three comments raised concerns 

about the five-pound minimum weight 

limit for Express Mail Open and 

Distribute and Priority Mail Open and 

Distribute sacks. As a result, the Postal 

Service is making a minor revision to 

allow an Open and Distribute sack to be 

less than 5 pounds if the sack contains 

mail in a qualifying tray. 

2. One commenter also requested a 

clarification of the end of day service 

commitment for Express Mail Open and 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Rules and Regulations 72687 

Distribute shipments. The end of day 

(11:59 p.m.) service commitment 

guarantees delivery of the Express Mail 

Open and Distribute container to the 

designated entry Postal facility. Upon 

entry, the enclosed mail is processed for 

delivery according to the service 

standards for the product. 

Summary 

Express Mail 

The Postal Service is requiring 

mailers to place a single-ply address 

label with a service barcode on all 

Express Mail Open and Distribute 

containers and to submit an electronic 

file. The service barcode is required to 

be a USS 128 or Code 39 barcode with 

a ‘‘DB’’ prefix, or Intelligent Mail 

package barcode (eVS® approved 

mailers) symbology with a unique 

Service Type Code (STC) ‘‘723’’. The 

text, ‘‘USPS SCAN ON ARRIVAL,’’ must 

appear above the barcode. This 

requirement is in accordance with 

instructions for barcode specifications, 

electronic file format and testing, and 

the certification process in Publication 

91, Confirmation Services Technical 

Guide. 

The Postal Service is also replacing 

Tag 157 with Tag 257 (DDU), Tag 267 

(SCF, NDC), and Label 257S (DDU) for 

all Express Mail Open and Distribute 

containers. 

In addition, the Postal Service revises 

the service commitment to end of day 

(11:59 p.m.) for Express Mail Open and 

Distribute shipments. 

Express Mail and Priority Mail 

The Postal Service is establishing a 

five-pound minimum weight 

requirement for all Express Mail Open 

and Distribute and Priority Mail Open 

and Distribute sacks, except for sacks 

containing qualified trays (trays 

prepared under the standards for the 

applicable class of mail). 

The Postal Service adopts the 

following changes to Mailing Standards 

of the United States Postal Service, 

Domestic Mail Manual (DMM), which is 

incorporated by reference in the Code of 

Federal Regulations. See 39 CFR 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 CFR 

Part 111 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: 

* * * * * 

700 Special Standards 

* * * * * 

705 Advanced Preparation and 

Special Postage Payment Systems 

* * * * * 

16.0 Express Mail Open and 

Distribute and Priority Mail Open and 

Distribute 

16.1 Prices and Fees 

16.1.1 Basis of Price 

[Revise 16.1.1 as follows:] 

Mailers must pay Express Mail and 

Priority Mail postage based on the 

weight of the contents of the Open and 

Distribute shipment. Do not include the 

tare weight of the external container. Do 

not apply Priority Mail dimensional 

weight pricing or Periodicals container 

prices to the external container. The 

minimum weight requirement for Open 

and Distribute sacks is five pounds, 

except for Open and Distribute sacks 

that contain qualified trays (trays 

prepared under the standards for the 

applicable class of mail). The maximum 

weight for each container is 70 pounds. 

16.1.2 Zone Prices 

[Revise 16.1.2 as follows:] 

Compute zone prices, for the 

applicable class of mail, from the 

accepting Post Office to the destination 

facility for the container (not the 

destination Post Office for the enclosed 

mail). 

* * * * * 

16.1.5 Payment Method 

[Revise the text in 16.1.5 as follows:] 

Postage payment methods are as 

follows: 

a. Postage on the enclosed mail may 

be paid by any method permitted for 

that mail class, except for ordinary 

postage stamps requiring cancellation. 

b. Express Mail postage may be paid 

under any of the options listed in 

414.1.1, except Click-N-Ship. Express 

Mail postage must be affixed to blue Tag 

257, to yellow Tag 267, to the Open and 

Distribute tray box, or be part of the 

address label. 

c. Priority Mail postage may be paid 

under 424.1.1. Priority Mail postage 

must be affixed to or hand-stamped on 

green Tag 161, pink Tag 190, the Open 

and Distribute tray box, or be part of the 

address label. 

* * * * * 

16.2 Basic Standards 

* * * * * 

16.2.2 Content Standards 

[Revise the DMM reference numbers in 

the parentheses at the end of the first 

sentence of 16.2.2 as follows:] 

* * * (see 410 for Express Mail 

standards and 420 for Priority Mail 

standards).* * * 

[Revise the last sentence of 16.2.2 as 

follows:] 

* * * Mailers are not required to place 

bundles of mail in sacks or trays when 

all of the mail enclosed in an Open and 

Distribute sack is destined to a 5-digit 

facility and the Open and Distribute 

sack weighs at least five pounds. 

16.3 Additional Standards for Express 

Mail Open and Distribute 

16.3.1 Service Objectives 

[Revise the first sentence in 16.3.1 as 

follows:] 

The Express Mail service guarantee 

for Express Mail Open and Distribute is 

receipt by end of day (11:59 p.m.) and 

ends upon receipt by scan of the 

Express Mail Open and Distribute 

container at the destination postal 

facility. * * * 

* * * * * 

16.5 Preparation 

16.5.1 Containers for Expedited 

Transport 

Acceptable containers for expedited 

transportation are as follows: 

[Revise item 16.5.1a to reflect new tags 

as follows:] 

a. An Express Mail Open and 

Distribute shipment must be contained 

in a USPS-approved sack using Tag 257 

or Tag 267 or in a USPS-provided 

Express Mail Open and Distribute tray 

box (Tag 257 and Tag 267 are not 

required for tray boxes; only the 4x6 

address label should be applied), except 

as provided in 16.5.1c and 16.5.1d. 

* * * * * 

[Revise item 16.5.1c to reflect new labels 

as follows:] 

c. An Express Mail or Priority Mail 

Open and Distribute shipment destined 

to a DDU may be contained in a USPSprovided Express Mail Flat Rate 

Envelope using Label 257S or Priority 

Mail Flat Rate Envelope and boxes using 

Label 190S. 

* * * * * 


srobinson on DSKHWCL6B1PROD with RULES
72688 Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Rules and Regulations 

[Revise the heading of 16.5.2 as follows:] 

16.5.2 Express Mail and Priority Mail 

Sack Labels 

[Revise the text in 16.5.2 as follows:] 

Labels for Express Mail or Priority 

Mail sacks containing Open and 

Distribute shipments must be barcoded 

and meet the requirements in 708.6.0. 

All lines of information must be 

completely visible when inserted into 

the label holder. Label sacks as follows: 

a. Line 1 (destination line) provides 

information on the destination entry 

office where the enclosed mail is to be 

distributed. 

1. For destination delivery unit (DDU) 

distribution, use the facility name and 

ZIP Code found in the Drop Shipment 

Address File available at the USPS 

FAST Web site at https://fast.usps.com 

(click Resources in the left-hand 

navigation bar, then ‘‘Go’’ for ‘‘Drop Ship 

Product File Download’’). 

2. For SCF distribution, use the 

destination in L005, Column B. 

3. For ADC distribution, use the 

destination in L004, Column B (Priority 

Mail Open and Distribute Only). 

4. For NDC distribution, use the 

destination in L601, Column B. 

5. For ASF distribution, use L602, 

Column B (Priority Mail Open and 

Distribute Only). 

b. For Line 2 (content line), print 

‘‘EXPRESS MAIL OPEN AND DIST’’ or 

‘‘PRIORITY MAIL OPEN AND DIST,’’ as 

applicable. 

c. For Line 3 (origin line), show the 

city and state of the entry Post Office or 

the mailer’s name and the city and state 

of the mailer’s location. It is 

recommended that the mailer’s name 

also appear with the city and state of the 

entry Post Office. See 708.6.2.5 for 

additional standards. 

[Revise the tag numbers in the heading 

of 16.5.3 as follows:] 

16.5.3 Tags 257 and 267—Express 

Mail Open and Distribute 

[Revise the text in 16.5.3 as follows:] 

Tag 257 and Tag 267 provide a place 

to affix Express Mail postage and the 

address label for the destination facility. 

Tag 257 or Tag 267 must be attached to 

each Express Mail sack, in addition to 

the Express Mail sack label, to identify 

it as an Express Mail Open and 

Distribute shipment as follows: 

a. Attach Tag 267 to sacks used as 

Express Mail Open and Distribute 

containers destined to a NDC or SCF 

facility. 

b. Attach Tag 257 to sacks used as 

Express Mail Open and Distribute 

containers destined to a DDU. Label 

257S may be affixed to containers used 

for Express Mail Open and Distribute 

shipments prepared under 16.5.1c or 

16.5.1d. 

16.5.4 Tags 161 and 190—Priority 

Mail Open and Distribute 

* * * Tag 161 or Tag 190 must be 

attached to each Priority Mail sack, in 

addition to the Priority Mail sack label, 

or container to identify it as a Priority 

Mail Open and Distribute shipment as 

follows: 

* * * * * 

[Revise the last sentence in item 16.5.4b 

as follows:] 

b. * * * Label 190S may be affixed to 

containers used for Priority Mail Open 

and Distribute shipments prepared 

under 16.5.1c or 16.5.1d. 

* * * * * 

16.5.6 Address Labels 

[Revise the first sentence in 16.5.6 as 

follows:] 

In addition to Tag 257, Tag 267, Tag 

161, or Tag 190, USPS-provided 

containers and envelopes and mailersupplied containers used for Express 

Mail Open and Distribute or Priority 

Mail Open and Distribute must bear an 

address label that states ‘‘OPEN AND 

DISTRIBUTE AT:’’ followed by the 

facility name.* * * 

16.5.7 Address Label Service Barcode 

Requirement 

[Revise the introductory text of 16.5.7 as 

follows:] 

An electronic service barcode using 

the USS 128, USS 39, or Intelligent Mail 

package barcode (IMpb) (eVS approved 

mailers) symbology for Express Mail 

Open and Distribute, and the 

concatenated GS1–128 or IMpb 

symbology for Priority Mail Open and 

Distribute, must be incorporated in the 

address label. Mailers must prepare 

address labels using the formats in 

16.5.8 through 16.5.12. The labels must 

include either a service type code ‘‘723’’ 

with an IMpb or ‘‘DB’’ prefix with a USS 

128 or USS 39 barcode for Express Mail 

Open and Distribute or service type 

code ‘‘55’’ with a concatenated GS1–128 

barcode or ’’123’’ with an IMpb for 

Priority Mail Open and Distribute, to 

identify the service. The humanreadable text ‘‘USPS SCAN ON 

ARRIVAL’’ must appear above the 

barcode. USPS certification is required 

from the National Customer Support 

Center (NCSC) for each printer used to 

print barcoded open and distribute 

address labels, except for barcodes 

created using USPS Shipping Assistant. 

NCSC contact information, formatting 

specifications for barcodes and 

electronic files, and certification, are 

included in Publication 91, 

Confirmation Services Technical Guide. 

Mailers can use the following options 

available to create a label with a service 

barcode for Express Mail Open and 

Distribute and Priority Mail Open and 

Distribute address labels: 

* * * * * 

16.5.9 SCF Address Labels 

* * * * * 

Exhibit 16.5.9 SCF Address Label 

[Replace Exhibit 16.5.9 with an Express 

Mail Open and Distribute SCF label.] 

* * * * * 

16.5.11 NDC Address Labels 

* * * * * 

Exhibit 16.5.11 NDC Address Label 

[Replace Exhibit 16.5.11 with an 

Express Mail Open and Distribute NDC 

label.] 

* * * * * 

16.6 Enter and Deposit 

* * * * * 

16.6.2 Entry 

[Revise the first sentence of 16.6.2 as 

follows:] 

A PS Form 3152, Confirmation 

Services Certification, (Priority Mail 

Open and Distribute) or PS Form 3152– 

E (Express Mail Open and Distribute) 

must accompany each Open and 

Distribute shipment. * * * 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR Part 111 to reflect 

these changes. 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. 2010–29801 Filed 11–24–10; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2009–0656; FRL–9230–3] 

Approval and Promulgation of 

Implementation Plans; New Mexico; 

Interstate Transport of Pollution 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of New Mexico 


srobinson on DSKHWCL6B1PROD with RULES