### 9705 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Proposed Rules

customer payment portal or choose another method identified in the notification. The mailer may choose to dispute ( see 4.4.7) the revenue deficiency during this 14-day period. The Postal Service may notify the postage evidencing system service provider to temporarily suspend the mailer’s account under the following conditions:

a. After 14 days, if a mailer has not paid or disputed a revenue deficiency.

b. When an electronic notification to a mailer is undeliverable.

c. When a mailer’s cumulative revenue deficiency increases during the 14-day period due to additional mailpieces being identified as shortpaid or unpaid. 4.4.7 Dispute Process

To begin the dispute process, the mailer must access a Postal Service Web-based customer payment portal or choose another method identified in the electronic notification to substantiate that the postage affixed was valid and sufficient for the postage and fees. The process is as follows:

a. The mailer will have 14 days from the date that the Postal Service sends the notification to dispute the revenue deficiency.

b. The Postal Service will send electronic notification to the mailer of its decision to uphold or deny the dispute. If the Postal Service upholds the dispute, the mailer is not required to take further action. 4.4.8 Denied Disputes and the Appeal Process

When the Postal Service denies a mailer’s dispute of a revenue deficiency, the mailer will have 7 days from the date the Postal Service sends the notification of the denial to pay the revenue deficiency or file an appeal. To pay the dispute or file an appeal, themailer must access a Postal Service Webbased customer payment portal or choose another method identified in the notification. To appeal, the mailer must provide additional information to substantiate that the postage affixed was valid and sufficient for the postage and fees. The Postal Service will send electronic notification to the mailer of its decision to uphold or deny the appeal. If the Postal Service upholds the appeal, the mailer is not required to take further action. The Postal Service may notify the postage evidencing system service provider to temporarily suspend the mailer’s account under the following conditions:

a. After 7 days, if a mailer has not paid or appealed a revenue deficiency.

b. When an electronic notification to a mailer is undeliverable.

c. When a mailer’s cumulative revenue deficiency increases during the 7-day period due to additional mailpieces being identified as shortpaid or unpaid. 4.4.9 Denied Appeals

When the Postal Service denies the appeal, the mailer must pay the revenue deficiency within 7 days from the date that the Postal Service sends the electronic notification ofdenial by accessing a Postal Service Webbased customer payment portal or choosing another USPS-authorized method identified in the notification. The Postal Service may notify the postage evidencing system service provider to temporarily suspend the mailer’s account under the following conditions:

a. After 7 days, if a mailer has not paid the revenue deficiency.

b. When an electronic notification to a mailer is undeliverable.

c. When a mailer’s cumulative revenue deficiency increases during the 7-day period due to additional mailpieces being identified as shortpaid or unpaid.
* * * * * 8.1 Insufficient Postage

8.1.1 Definition [Revise the second and third sentences of 8.1.1 as follows:]

* * * Such individual pieces (or quantities fewer than 10) are delivered to the addressee on payment of the charges marked on the mail. For mailings of 10 or more pieces, the mailer is notified so that the postage charges may be paid before dispatch. For any mailpiece with insufficient postage generated by postage evidencing systems, the USPS may follow the process in 4.4.4 through 4.4.9.
* * * * * [Renumber current item 8.1.7 as 8.1.8 and add new 8.1.7 as follows:] 8.1.7 Express Mail Corporate Accounts and Federal Agency Accounts

Express Mail Corporate accounts and Federal government accounts that use a

‘‘Postage and Fees Paid ’’ indicia are debited for the correct amount of postage and fees at the time of mailing. [Revise the heading and text of renumbered 8.1.8 as follows:] 8.1.8 Express Mail With Insufficient Postage—Acceptance

When any Express Mail item is received at the office of mailing with insufficient postage, the Postal Service will contact the mailer to correct the postage deficiency prior to dispatch of the item. If the mailer cannot be contacted prior to dispatch, the Postal Service will:

a. Endorse the item ‘‘Postage Due. ’’ b. Mark the item to show the total deficiency of postage and fees.

c. Dispatch the item to the destination Post Office for delivery to the addressee upon payment of the postage due.

d. If payment is refused by addressee, endorse the item ‘‘Return to Sender— Refused ’’ and return the item to the sender upon collection of the postage deficiency. [Add new items 8.1.9 through 8.1.11 as follows:] 8.1.9 Express Mail With Insufficient Postage—Processing Operations

For an Express Mail item with insufficient postage identified in processing operations or at the destination Post Office, the Postal Service will:

a. Endorse the item ‘‘Postage Due. ’’ b. Mark the item to show the total deficiency of postage and fees.

c. Deliver the item to the addressee upon payment of the postage due.

d. If payment is refused by addressee, endorse the item ‘‘Return to Sender— Refused ’’ and return the item to the sender, upon collection of the postage deficiency. 8.1.10 Express Mail With Insufficient IBI Postage—Postage Evidencing Systems

For an Express Mail item with insufficient IBI postage generated by postage evidencing systems, USPS may follow the process in 4.4.4 through 4.4.9. 8.1.11 Remailing Express Mail With Insufficient Postage

The Postal Service returns an Express Mail item with insufficient postage to the sender upon collection of the postage deficiency when an effort to contact the sender before dispatch fails and when the addressee refuses to pay the postage due. Under these circumstances, if the sender remails the item, the sender must affix a new Express Mail label with new postage and fees to the item.
* * * * *
10.0 Revenue Deficiency
10.1 General
* * * * * 10.1.2 Appeal of Ruling [Revise the first sentence of 10.1.2 as follows:]

Except as provided in 4.4.4 through 4.4.9, 10.2, and 703.1.0, a mailer may appeal a revenue deficiency assessment by sending a written appeal to the postmaster or manager in 10.1.2a through 10.1.2c within 30 days of receipt of the notification. * * *
* * * * *

We will publish an appropriate amendment to 39 CFR 111 to reflect these changes if our proposal is adopted.

Neva R. Watson, General Counsel, Legislative.
[FR Doc. 2011–3798 Filed 2–18–11; 8:45 am]

**BILLING CODE 7710–12–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R03–OAR–2011–0011; FRL–9268–3]**

**Approval and Promulgation of Air Quality Implementation Plans;**  **Maryland; Amendment to the Definition of Fuel-Burning Equipment** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of Maryland amending the definition of

‘‘ fuel-burning equipment. ’’ The revision removes the word ‘‘ furnace ’’ from the definition of ‘‘ fuel-burning equipment’’ in one of Maryland’s regulations and also removes the redundant definition of ‘‘ fuel-burning equipment’’ from


### 9706 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Proposed Rules

another section. In the Final Rules section of this Federal Register , EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

**DATES :**  Comments must be received in writing by March 24, 2011.

**ADDRESSES :**  Submit your comments, identified by Docket ID Number EPA– R03–OAR–2011–0011 by one of the following methods:

A. http://www.regulations.gov. Follow the on-line instructions for submitting
comments.

B. E-mail: fernandez.cristina@
epa.gov.

C. Mail: EPA–R03–OAR–2011–0011, Cristina Fernandez, Associate Director, Office of Air Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania
19103.

D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2011– 0011. EPA’s policy is that all comments received will be included in the public docket without change, and may be made 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 that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. 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, your e-mail address will be automatically captured and included 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.

Docket: All documents in the electronic docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e ., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Maryland Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

**FOR FURTHER INFORMATION CONTACT :**  Irene Shandruk, (215) 814–2166, or by e-mail at shandruk.irene@epa.gov.

**SUPPLEMENTARY INFORMATION :**  For further information, please see the information provided in the direct final action, with the same title, concerning the definition of ‘‘ fuel-burning equipment, ’’ that is located in the ‘‘Rules and Regulations ’’ section of this Federal Register publication. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

Dated: February 1, 2011. W.C. Early, Acting Regional Administrator, Region III.
[FR Doc. 2011–3723 Filed 2–18–11; 8:45 am]

**BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION**  **AGENCY**

**40 CFR Part 52**

**[EPA–R07–OAR–2010–1083; FRL–9268–4]**

**Finding of Substantial Inadequacy of Implementation Plan; Call for Iowa**  **State Implementation Plan Revision**

**AGENCY :**  Environmental Protection Agency.

**ACTION :**  Proposed rule.

**SUMMARY :**  Pursuant to the Environmental Protection Agency’s (EPA) authority in the Clean Air Act (CAA), section 110 (k)(5), to call for plan revisions, EPA is proposing to find that the Iowa State Implementation Plan (SIP) is substantially inadequate to maintain the 2006 24-hour National Ambient Air Quality Standard (NAAQS) for PM 2.5 in Muscatine County, Iowa. The specific SIP deficiencies needing revision are described below. EPA is also proposing to finalize a timeline for Iowa to revise its SIP to correct these deficiencies by a date which is no later than 18 months after the effective date of the final rule.

**DATES :**  Comments must be received on or before March 24, 2011.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–R07– OAR–2010–1083, by one of the following methods:

1. http://www.regulations.gov: Follow the on-line instructions for submitting
comments.

2. E-mail: casburn.tracey@epa.gov.
3. Mail : Tracey Casburn, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas
66101.

4. Hand Delivery or Courier: Deliver your comments to: Tracey Casburn, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas
66101.

Instructions: Direct your comments to Docket ID No. EPA–R07–OAR–2010– 1083. EPA’s policy is that all comments received will be included in the public docket without change and may be made 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 that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The