Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 37553 

1Notice of Establishment of Rates and Class Not 

of General Applicability (Priority Mail Contract 12), 

June 11, 2009 (Notice). 

2PRC Order No. 223, Notice and Order 

Concerning Filing of Priority Mail Contract 12 

Negotiated Service Agreement, June 17, 2009 (Order 

No. 223). 

3Request of the United States Postal Service to 

Add Priority Mail Contract 12 to Competitive 

Product List, June 23, 2009 (Request). 

4Attachment A to the Notice. 

5Attachment A to the Request. 

6Attachment B to the Request. 

7Attachment B to the Notice. 

8Order No. 223 at 1–4. 

9Chairman’s Information Request No. 1 and 

Notice of Filing of Question Under Seal, June 22, 

2009. A portion of the Chairman’s Information 

Request was filed under seal. 

10Response of the United States Postal Service to 

Commission’s Request for Supplemental 

Information in Order No. 223, June 23, 2009. 

11Response to Chairman’s Information Request 

No. 1, Question 2 and Notice of Filing Responses 

to Questions 1 and 3 Under Seal, June 26, 2009. 

12Public Representative Comments in Response 

to United States Postal Service Notice of 

Establishment of Rates and Class Not of General 

Applicability (Priority Mail Contract 12), June 26, 

2009 (Public Representative Comments). 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket Nos. MC2009–28 and CP2009–38; 

Order No. 232] 

Priority Mail Contract 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adding a 

new postal product to the Competitive 

Product List. This action is consistent 

with changes in a recent law governing 

postal operations. Republication of the 

lists of market dominant and 

competitive products is also consistent 

with new requirements in the law. 

DATES: Effective July 29, 2009 and is 

applicable beginning July 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–7890–6824 or stephen.sharfman@ 

prc.gov. 

SUPPLEMENTARY HISTORY: Regulatory 

History, 74 FR 30333 (June 25, 2009). 

I. Background 

II. Comments 

III. Commission Analysis 

IV. Ordering Paragraphs 

I. Background 

The Postal Service seeks to add a new 

product identified as Priority Mail 

Contract 12 to the Competitive Product 

List. For the reasons discussed below, 

the Commission approves the Request. 

On June 11, 2009, the Postal Service 

filed a notice, pursuant to 39 U.S.C. 

3632(b)(3) and 39 CFR 3015.5, 

announcing that it has entered into an 

additional contract (Priority Mail 

Contract 12), which it attempts to 

classify within the previously proposed 

Priority Mail Contract Group product.1

In support, the Postal Service filed the 

proposed contract and referenced 

Governors’ Decision 09–6 filed in 

Docket No. MC2009–25. Id. at 1. The 

Notice has been assigned Docket No. 

CP2009–38. 

In response to Order No. 223,2 and in 

accordance with 39 U.S.C. 3642 and 39 

CFR 3020 subpart B, the Postal Service 

filed a formal request to add Priority 

Mail Contract 12 to the Competitive 

Product List as a separate product.3 The 

Postal Service asserts that the Priority 

Mail Contract 12 product is a 

competitive product ‘‘not of general 

applicability’’ within the meaning of 39 

U.S.C. 3632(b)(3). This Request has been 

assigned Docket No. MC2009–28. 

In support of its Notice and Request, 

the Postal Service filed the following 

materials: (1) A redacted version of the 

contract which, among other things, 

provides that the contract will expire 3 

years from the effective date, which is 

proposed to be the day that the 

Commission issues all regulatory 

approvals; 4 (2) requested changes in the 

Mail Classification Schedule product 

list; 5 (3) a Statement of Supporting 

Justification as required by 39 CFR 

3020.32; 6 and (4) certification of 

compliance with 39 U.S.C. 3633(a).7

In the Statement of Supporting 

Justification, Mary Prince Anderson, 

Acting Manager, Sales and 

Communications, Expedited Shipping, 

asserts that the service to be provided 

under the contract will cover its 

attributable costs, make a positive 

contribution to coverage of institutional 

costs, and will increase contribution 

toward the requisite 5.5 percent of the 

Postal Service’s total institutional costs. 

Request, Attachment B, at 1. W. Ashley 

Lyons, Manager, Corporate Financial 

Planning, Finance Department, certifies 

that the contract complies with 39 

U.S.C. 3633(a). Notice, Attachment B. 

The Postal Service filed much of the 

supporting materials, including the 

unredacted contract, under seal. In its 

Notice, the Postal Service maintains that 

the contract and related financial 

information, including the customer’s 

name and the accompanying analyses 

that provide prices, terms, conditions, 

and financial projections, should remain 

confidential. Notice at 2–3. 

In Order No. 223, the Commission 

gave notice of the two dockets, 

requested supplemental information, 

appointed a public representative, and 

provided the public with an opportunity 

to comment.8 On June 22, 2009, 

Chairman’s Information Request No. 1 

was filed.9 On June 23, 2009, the Postal 

Service filed the supplemental 

information requested.10 The Postal 

Service filed its response to the 

Chairman’s Information Request on June 

26, 2009.11

II. Comments 

Comments were filed by the Public 

Representative.12 No comments were 

submitted by other interested parties. 

The Public Representative states that the 

Postal Service’s filing complies with 

applicable Commission rules of practice 

and procedure, and concludes that the 

Priority Mail Contract 12 agreement 

comports with the requirements of title 

39 and is appropriately classified as 

competitive. Id. at 3. 

The Public Representative believes 

that the Postal Service has provided 

adequate justification for maintaining 

confidentiality in this case. Id. at 2–3. 

He indicates that the contractual 

provisions are mutually beneficial to the 

parties and general public. Id. at 4. 

III. Commission Analysis 

The Commission has reviewed the 

Notice, the Request, the contract, the 

financial analysis provided under seal 

that accompanies it, the Postal Service’s 

responses to Chairman’s Information 

Request No. 1, the Postal Service’s 

response to the Commission’s request 

for supplemental information, and the 

comments filed by the Public 

Representative. 

Statutory requirements. The 

Commission’s statutory responsibilities 

in this instance entail assigning Priority 

Mail Contract 12 to either the Market 

Dominant Product List or to the 

Competitive Product List. 39 U.S.C. 

3642. As part of this responsibility, the 

Commission also reviews the proposal 

for compliance with the Postal 

Accountability and Enhancement Act 

(PAEA) requirements. This includes, for 

proposed competitive products, a 

review of the provisions applicable to 

rates for competitive products. 39 U.S.C. 

3633. 

Product list assignment. In 

determining whether to assign Priority 

Mail Contract 12 as a product to the 

Market Dominant Product List or the 

Competitive Product List, the 

Commission must consider whether 

the Postal Service exercises sufficient market 

power that it can effectively set the price of 

such product substantially above costs, raise 

prices significantly, decrease quality, or 

decrease output, without risk of losing a 

significant level of business to other firms 

offering similar products. 


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37554 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 

13The Commission’s analysis is set forth in 

Library Reference PRC–CP2009–38–NP–LR–1, 

which, because it contains confidential information, 

is being filed under seal. 

39 U.S.C. 3642(b)(1). If so, the product 

will be categorized as market dominant. 

The competitive category of products 

shall consist of all other products. 

The Commission is further required to 

consider the availability and nature of 

enterprises in the private sector engaged 

in the delivery of the product, the views 

of those who use the product, and the 

likely impact on small business 

concerns. 39 U.S.C. 3642(b)(3). 

The Postal Service asserts that its 

bargaining position is constrained by 

the existence of other shippers who can 

provide similar services, thus 

precluding it from taking unilateral 

action to increase prices without the 

risk of losing volume to private 

companies. Request, Attachment B, 

para. (d). The Postal Service also 

contends that it may not decrease 

quality or output without risking the 

loss of business to competitors that offer 

similar expedited delivery services. Id. 

It further states that the contract partner 

supports the addition of the contract to 

the Competitive Product List to 

effectuate the negotiated contractual 

terms. Id. at para. (g). Finally, the Postal 

Service states that the market for 

expedited delivery services is highly 

competitive and requires a substantial 

infrastructure to support a national 

network. It indicates that large carriers 

serve this market. Accordingly, the 

Postal Service states that it is unaware 

of any small business concerns that 

could offer comparable service for this 

customer. Id. at para. (h). 

No commenter opposes the proposed 

classification of Priority Mail Contract 

12 as competitive. Having considered 

the statutory requirements and the 

support offered by the Postal Service, 

the Commission finds that Priority Mail 

Contract 12 is appropriately classified as 

a competitive product and should be 

added to the Competitive Product List. 

Cost considerations. The Postal 

Service presents a financial analysis 

showing that Priority Mail Contract 12 

results in cost savings while ensuring 

that the contract covers its attributable 

costs, does not result in subsidization of 

competitive products by market 

dominant products, and increases 

contribution from competitive products. 

Order No. 223 and Chairman’s 

Information Request No. 1 sought 

additional support and justification for 

particular cost saving elements. The 

Postal Service’s responses did not 

persuade the Commission that certain 

cost savings elements were appropriate 

here. 

Accordingly, the Commission’s 

analysis of the proposed contract is 

based on alternative cost estimates of 

certain mail functions. The Commission 

employed this analysis to determine 

whether changed cost inputs would 

materially affect the contract’s financial 

analysis.13 The Commission concludes 

that the changed inputs do not have a 

material effect on the underlying 

financial analysis of the contract. 

Based on the data submitted and the 

Commission’s alternative analysis, the 

Commission finds that Priority Mail 

Contract 12 should cover its attributable 

costs (39 U.S.C. 3633(a)(2)), should not 

lead to the subsidization of competitive 

products by market dominant products 

(39 U.S.C. 3633(a)(1)), and should have 

a positive effect on competitive 

products’ contribution to institutional 

costs (39 U.S.C. 3633(a)(3)). Thus, an 

initial review of proposed Priority Mail 

Contract 12 indicates that it comports 

with the provisions applicable to rates 

for competitive products. 

The electronic files submitted in 

support of the Notice did not include all 

supporting data. As noted in Order No. 

231, Docket Nos. MC2009–27 and 

CP2009–37, issued concurrently today, 

future requests must provide all 

electronic files showing calculations in 

support of the financial models 

associated with the request. A failure to 

provide such information may delay 

resolution of requests in the future. 

Other considerations. The Postal 

Service shall promptly notify the 

Commission of the scheduled 

termination date of the agreement. If the 

agreement terminates earlier than 

anticipated, the Postal Service shall 

inform the Commission prior to the new 

termination date. The Commission will 

then remove the product from the Mail 

Classification Schedule at the earliest 

possible opportunity. 

In conclusion, the Commission 

approves Priority Mail Contract 12 as a 

new product. The revision to the 

Competitive Product List is shown 

below the signature of this Order and is 

effective upon issuance of this order. 

IV. Ordering Paragraphs 

It is ordered: 

1. Priority Mail Contract 12 (MC2009– 

28 and CP2009–38) is added to the 

Competitive Product List as a new 

product under Negotiated Service 

Agreements, Domestic. 

2. The Postal Service shall notify the 

Commission of the scheduled 

termination date and update the 

Commission if the termination date 

occurs prior to that date, as discussed in 

this order. 

3. The Secretary shall arrange for the 

publication of this order in the Federal 

Register. 

List of Subjects in 39 CFR Part 3020 

Administrative practice and 

procedure; Postal Service. 

Issued: July 1, 2009. 

By the Commission. 

Judith M. Grady, 

Acting Secretary. 

■ For the reasons stated in the preamble, 

under the authority at 39 U.S.C. 503, the 

Postal Regulatory Commission amends 

39 CFR part 3020 as follows: 

PART 3020—PRODUCT LISTS 

■ 1. The authority citation for part 3020 

continues to read as follows: 

Authority: 39 U.S.C. 503; 3622; 3631; 3642; 

3682. 

■ 2. Revise Appendix A to Subpart A of 

Part 3020—Mail Classification Schedule 

to read as follows: 

Appendix A to Subpart A of Part 

3020—Mail Classification Schedule 

Part A—Market Dominant Products 

1000 Market Dominant Product List 

First-Class Mail 

Single-Piece Letters/Postcards 

Bulk Letters/Postcards 

Flats 

Parcels 

Outbound Single-Piece First-Class Mail 

International 

Inbound Single-Piece First-Class Mail 

International 

Standard Mail (Regular and Nonprofit) 

High Density and Saturation Letters 

High Density and Saturation Flats/Parcels 

Carrier Route 

Letters 

Flats 

Not Flat-Machinables (NFMs)/Parcels 

Periodicals 

Within County Periodicals 

Outside County Periodicals 

Package Services 

Single-Piece Parcel Post 

Inbound Surface Parcel Post (at UPU rates) 

Bound Printed Matter Flats 

Bound Printed Matter Parcels 

Media Mail/Library Mail 

Special Services 

Ancillary Services 

International Ancillary Services 

Address List Services 

Caller Service 

Change-of-Address Credit Card 

Authentication 

Confirm 

International Reply Coupon Service 

International Business Reply Mail Service 

Money Orders 

Post Office Box Service 

Negotiated Service Agreements 

HSBC North America Holdings Inc. 

Negotiated Service Agreement 

Bookspan Negotiated Service Agreement 

Bank of America corporation Negotiated 

Service Agreement 


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The Bradford Group Negotiated Service 

Agreement 

Inbound International 

Canada Post—United States Postal Service 

Contractual Bilateral Agreement for 

Inbound Market Dominant Services 

Market Dominant Product Descriptions 

First-Class Mail 

[Reserved for Class Description] 

Single-Piece Letters/Postcards 

[Reserved for Product Description] 

Bulk Letters/Postcards 

[Reserved for Product Description] 

Flats 

[Reserved for Product Description] 

Parcels 

[Reserved for Product Description] 

Outbound Single-Piece First-Class Mail 

International 

[Reserved for Product Description] 

Inbound Single-Piece First-Class Mail 

International 

[Reserved for Product Description] 

Standard Mail (Regular and Nonprofit) 

[Reserved for Class Description] 

High Density and Saturation Letters 

[Reserved for Product Description] 

High Density and Saturation Flats/Parcels 

[Reserved for Product Description] 

Carrier Route 

[Reserved for Product Description] 

Letters 

[Reserved for Product Description] 

Flats 

[Reserved for Product Description] 

Not Flat-Machinables (NFMs)/Parcels 

[Reserved for Product Description] 

Periodicals 

[Reserved for Class Description] 

Within County Periodicals 

[Reserved for Product Description] 

Outside County Periodicals 

[Reserved for Product Description] 

Package Services 

[Reserved for Class Description] 

Single-Piece Parcel Post 

[Reserved for Product Description] 

Inbound Surface Parcel Post (at UPU rates) 

[Reserved for Product Description] 

Bound Printed Matter Flats 

[Reserved for Product Description] 

Bound Printed Matter Parcels 

[Reserved for Product Description] 

Media Mail/Library Mail 

[Reserved for Product Description] 

Special Services 

[Reserved for Class Description] 

Ancillary Services 

[Reserved for Product Description] 

Address Correction Service 

[Reserved for Product Description] 

Applications and Mailing Permits 

[Reserved for Product Description] 

Business Reply Mail 

[Reserved for Product Description] 

Bulk Parcel Return Service 

[Reserved for Product Description] 

Certified Mail 

[Reserved for Product Description] 

Certificate of Mailing 

[Reserved for Product Description] 

Collect on Delivery 

[Reserved for Product Description] 

Delivery Confirmation 

[Reserved for Product Description] 

Insurance 

[Reserved for Product Description] 

Merchandise Return Service 

[Reserved for Product Description] 

Parcel Airlift (PAL) 

[Reserved for Product Description] 

Registered Mail 

[Reserved for Product Description] 

Return Receipt 

[Reserved for Product Description] 

Return Receipt for Merchandise 

[Reserved for Product Description] 

Restricted Delivery 

[Reserved for Product Description] 

Shipper-Paid Forwarding 

[Reserved for Product Description] 

Signature Confirmation 

[Reserved for Product Description] 

Special Handling 

[Reserved for Product Description] 

Stamped Envelopes 

[Reserved for Product Description] 

Stamped Cards 

[Reserved for Product Description] 

Premium Stamped Stationery 

[Reserved for Product Description] 

Premium Stamped Cards 

[Reserved for Product Description] 

International Ancillary Services 

[Reserved for Product Description] 

International Certificate of Mailing 

[Reserved for Product Description] 

International Registered Mail 

[Reserved for Product Description] 

International Return Receipt 

[Reserved for Product Description] 

International Restricted Delivery 

[Reserved for Product Description] 

Address List Services 

[Reserved for Product Description] 

Caller Service 

[Reserved for Product Description] 

Change-of-Address Credit Card 

Authentication 

[Reserved for Product Description] 

Confirm 

[Reserved for Product Description] 

International Reply Coupon Service 

[Reserved for Product Description] 

International Business Reply Mail Service 

[Reserved for Product Description] 

Money Orders 

[Reserved for Product Description] 

Post Office Box Service 

[Reserved for Product Description] 

Negotiated Service Agreements 

[Reserved for Class Description] 

HSBC North America Holdings Inc. 

Negotiated Service Agreement 

[Reserved for Product Description] 

Bookspan Negotiated Service Agreement 

[Reserved for Product Description] 

Bank of America Corporation Negotiated 

Service Agreement 

The Bradford Group Negotiated Service 

Agreement 

Part B—Competitive Products 

Competitive Product List 

Express Mail 

Express Mail 

Outbound International Expedited Services 

Inbound International Expedited Services 

Inbound International Expedited Services 1 

(CP2008–7) 

Inbound International Expedited Services 2 

(MC2009–10 and CP2009–12) 

Priority Mail 

Priority Mail 

Outbound Priority Mail International 

Inbound Air Parcel Post 

Royal Mail Group Inbound Air Parcel Post 

Agreement 

Parcel Select 

Parcel Return Service 

International 

International Priority Airlift (IPA) 

International Surface Airlift (ISAL) 

International Direct Sacks—M-Bags 

Global Customized Shipping Services 

Inbound Surface Parcel Post (at non-UPU 

rates) 

Canada Post—United States Postal Service 

Contractual Bilateral Agreement for 

Inbound Competitive Services (MC2009– 

8 and CP2009–9) 

International Money Transfer Service 

International Ancillary Services 

Special Services 

Premium Forwarding Service 

Negotiated Service Agreements 

Domestic 

Express Mail Contract 1 (MC2008–5) 

Express Mail Contract 2 (MC2009–3 and 

CP2009–4) 

Express Mail Contract 3 (MC2009–15 and 

CP2009–21) 

Express Mail & Priority Mail Contract 1 

(MC2009–6 and CP2009–7) 

Express Mail & Priority Mail Contract 2 

(MC2009–12 and CP2009–14) 

Express Mail & Priority Mail Contract 3 

(MC2009–13 and CP2009–17) 

Express Mail & Priority Mail Contract 4 

(MC2009–17 and CP2009–24) 

Express Mail & Priority Mail Contract 5 

(MC2009–18 and CP2009–25) 

Parcel Return Service Contract 1 (MC2009– 

1 and CP2009–2) 

Priority Mail Contract 1 (MC2008–8 and 

CP2008–26) 

Priority Mail Contract 2 (MC2009–2 and 

CP2009–3) 

Priority Mail Contract 3 (MC2009–4 and 

CP2009–5) 

Priority Mail Contract 4 (MC2009–5 and 

CP2009–6) 

Priority Mail Contract 5 (MC2009–21 and 

CP2009–26) 

Priority Mail Contract 6 (MC2009–25 and 

CP2009–30) 

Priority Mail Contract 7 (MC2009–25 and 

CP2009–31) 

Priority Mail Contract 8 (MC2009–25 and 

CP2009–32) 

Priority Mail Contract 9 (MC2009–25 and 

CP2009–33) 

Priority Mail Contract 10 (MC2009–25 and 

CP2009–34) 

Priority Mail Contract 11 (MC2009–27 and 

CP2009–37) 

Priority Mail Contract 12 (MC2009–28 and 

CP2009–38) 

Outbound International 

Global Direct Contracts (MC2009–9, 

CP2009–10, and CP2009–11) 

Global Expedited Package Services (GEPS) 

Contracts 

GEPS 1 (CP2008–5, CP2008–11, CP2008– 

12, and CP2008–13, CP2008–18, 

CP2008–19, CP2008–20, CP2008–21, 

CP2008–22, CP2008–23, and CP2008–24) 

Global Plus Contracts 

Global Plus 1 (CP2008–9 and CP2008–10) 


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37556 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 

Global Plus 2 (MC2008–7, CP2008–16 and 

CP2008–17) 

Inbound International 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

(MC2008–6, CP2008–14 and CP2008–15) 

International Business Reply Service 

Competitive Contract 1 (MC2009–14 and 

CP2009–20) 

Competitive Product Descriptions 

Express Mail 

[Reserved for Group Description] 

Express Mail 

[Reserved for Product Description] 

Outbound International Expedited Services 

[Reserved for Product Description] 

Inbound International Expedited Services 

[Reserved for Product Description] 

Priority 

[Reserved for Product Description] 

Priority Mail 

[Reserved for Product Description] 

Outbound Priority Mail International 

[Reserved for Product Description] 

Inbound Air Parcel Post 

[Reserved for Product Description] 

Parcel Select 

[Reserved for Group Description] 

Parcel Return Service 

[Reserved for Group Description] 

International 

[Reserved for Group Description] 

International Priority Airlift (IPA) 

[Reserved for Product Description] 

International Surface Airlift (ISAL) 

[Reserved for Product Description] 

International Direct Sacks—M–Bags 

[Reserved for Product Description] 

Global Customized Shipping Services 

[Reserved for Product Description] 

International Money Transfer Service 

[Reserved for Product Description] 

Inbound Surface Parcel Post (at non-UPU 

rates) 

[Reserved for Product Description] 

International Ancillary Services 

[Reserved for Product Description] 

International Certificate of Mailing 

[Reserved for Product Description] 

International Registered Mail 

[Reserved for Product Description] 

International Return Receipt 

[Reserved for Product Description] 

International Restricted Delivery 

[Reserved for Product Description] 

International Insurance 

[Reserved for Product Description] 

Negotiated Service Agreements 

[Reserved for Group Description] 

Domestic 

[Reserved for Product Description] 

Outbound International 

[Reserved for Group Description] 

Part C—Glossary of Terms and Conditions 

[Reserved] 

Part D—Country Price Lists for International 

Mail [Reserved] 

[FR Doc. E9–18030 Filed 7–28–09; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[FRL–8933–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Iowa; 

Update to Materials Incorporated by 

Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: EPA is updating the materials 

submitted by Iowa that are incorporated 

by reference (IBR) into the State 

implementation plan (SIP). The 

regulations affected by this update have 

been previously submitted by the State 

agency and approved by EPA. This 

update affects the SIP materials that are 

available for public inspection at the 

National Archives and Records 

Administration (NARA), the Air and 

Radiation Docket and Information 

Center located at EPA Headquarters in 

Washington, DC, and the Regional 

Office. 

DATES: Effective Date: This action is 

effective July 29, 2009. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Environmental 

Protection Agency, Region 7, 901 North 

5th Street, Kansas City, Kansas 66101; 

or at http://www.epa.gov/region07/ 

programs/artd/air/rules/fedapprv.htm; 

the Air and Radiation Docket and 

Information Center, EPA Headquarters 

Library, Room Number 3334, EPA West 

Building, 1301 Constitution Avenue, 

NW., Washington, DC 20460, and the 

National Archives and Records 

Administration. If you wish to obtain 

materials from a docket in the EPA 

Headquarters Library, please call the 

Office of Air and Radiation Docket at 

(202) 566–1742. For information on the 

availability of this material at NARA, 

call (202) 741–6030, or go to: http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Evelyn VanGoethem at (913) 551–7659, 

or by e-mail at 

vangoethem.evelyn@epa.gov. 

SUPPLEMENTARY INFORMATION: The SIP is 

a living document which the State 

revises as necessary to address the 

unique air pollution problems in the 

State. Therefore, EPA from time to time 

must take action on SIP revisions 

containing new and/or revised 

regulations to make them part of the 

SIP. On May 22, 1997 (62 FR 27968), 

EPA revised the procedures for 

incorporating by reference Federally 

approved SIPs, as a result of 

consultations between EPA and the 

Office of the Federal Register. The 

description of the revised SIP 

document, IBR procedures and 

‘‘Identification of plan’’ format are 

discussed in further detail in the May 

22, 1997, Federal Register document. 

On February 12, 1999, EPA published 

a document in the Federal Register (64 

FR 7091) beginning the new IBR 

procedure for Iowa. On September 23, 

2004 (69 FR 56942), EPA published an 

update to the IBR material for Iowa. 

In this document, EPA is doing the 

following: 

1. Announcing the update to the IBR 

material as of July 1, 2009. 

2. Correcting the date format in the 

‘‘State effective date’’ or ‘‘State 

Submittal date’’ and ‘‘EPA approval 

date’’ columns in § 52.820 paragraphs 

(c), (d) and (e). Dates are numerical 

month/day/year without additional 

zeros. 

3. Modifying the Federal Register 

citation in § 52.820 paragraphs (c), (d) 

and (e) to reflect the beginning page of 

the preamble as opposed to the page 

number of the regulatory text. 

4. Removing the second entry for 567– 

22.4 in § 52.820 paragraph (c) under 

Chapter 22. 

EPA has determined that today’s rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation and section 

553(d)(3), which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

State programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

providing notice of the updated Iowa 

SIP compilation. 

Statutory and Executive Order Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 


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