51264 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Rules and Regulations 

604 Postage Payment Methods 

* * * * * 

4.0 Postage Meters and PC Postage 

Products (Postage Evidencing Systems) 

4.1 Basic Information 

* * * * * 

4.1.5 Authorized Classes of Mail 

[Revise the text of 4.1.5 as follows:] 

Mailers may use postage evidencing 

systems to affix or apply indicia on any 

class of mail except First-Class Package 

Service commercial plus parcels, 

Periodicals, and Bound Printed Matter. 

* * * * * 

4.5 Mailings 

4.5.1 Mailing Date Format 

* * * The mailing date format used 

in the indicia is also subject to the 

following conditions. 

a. Complete Date. Mailers must use a 

complete date for the following: 

[Revise 4.5.1a1 as follows:] 

1. All Express Mail, Priority Mail, 

First-Class Mail, and First-Class Package 

Service pieces. 

* * * * * 

5.0 Permit Imprint (Indicia) 

5.1 General Standards 

5.1.1 Definition 

[Revise the text of 5.1.1 as follows:] 

A mailer may be authorized to mail 

material without affixing postage when 

payment is made at the time of mailing 

from a permit imprint advance deposit 

account established with USPS. This 

payment method may be used for 

postage and extra service fees for 

Express Mail (‘‘eVS’’ only), Priority 

Mail, First-Class Mail, First-Class 

Package Service, Standard Mail, Package 

Services, and Parcel Select mailpieces. 

This method is not available for 

Periodicals. 

* * * * * 

5.3 Indicia, Design, Placement, and 

Content 

* * * * * 

[Revise the title and the first sentence of 

5.3.6 as follows:] 

5.3.6 Express Mail, Priority Mail, 

Critical Mail, First-Class Mail and 

First-Class Package Service Format 

A permit imprint indicia on Express 

Mail, Priority Mail, Critical Mail, FirstClass Mail, or First-Class Package 

Service mailpieces must show ‘‘Express 

Mail,’’ ‘‘Priority Mail’’ (or ‘‘Priority’’), 

‘‘Critical Mail,’’ ‘‘First-Class Mail,’’ or 

‘‘First-Class Package’’ (or ‘‘First-Class 

Pkg’’) as applicable; ‘‘U.S. Postage 

Paid’’; city and state; and permit 

number. * * * 

* * * * * 

700 Special Standards 

* * * * * 

705 Advance Preparation and Special 

Postage Payment Systems 

* * * * * 

8.0 Preparing Pallets 

* * * * * 

8.6 Pallet Placards 

* * * * * 

8.6.5 Line 2 (Content Line) 

Line 2 (content line) must meet these 

standards: 

* * * * * 

[Revise the table in 8.6.5 by adding a 

new 7th row (between ‘‘First-Class Mail’’ 

and ‘‘Flats’’ with ‘‘First-Class Package 

Service’’ in the Content Type column 

and ‘‘FC PKG’’ in the Code column as 

follows:] 

Content type Code 

* * * * * 

First-Class Package Service ..... FC PKG. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR Part 111 to reflect 

these changes. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2011–21028 Filed 8–17–11; 8:45 am] 

BILLING CODE 7710–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2010–1058; FRL–9453–2] 

Approval and Promulgation of 

Implementation Plans; New York 

Reasonable Further Progress Plans, 

Emissions Inventories, Contingency 

Measures and Motor Vehicle 

Emissions Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

a proposed State Implementation Plan 

revision submitted by New York that are 

intended to meet several Clean Air Act 

requirements for attaining the 0.08 part 

per million 8-hour ozone national 

ambient air quality standards. 

Specifically, EPA is approving into the 

SIP the following elements which are 

required by the Act: The 2002 base year 

and 2008 projection year emissions 

inventories, the 2008 motor vehicle 

emissions budgets used for planning 

purposes, the 2008 Reasonable Further 

Progress (RFP) plan, and the 2008 RFP 

Plan contingency measures as they 

apply to the New York portion of the 

New York-Northern New Jersey-Long 

Island, NY-NJ-CT 8-hour ozone 

moderate nonattainment area. EPA is 

also approving the 2002 base year 

emissions inventory for the 

Poughkeepsie 8-hour ozone moderate 

nonattainment area and the state-wide 

2002 base year ozone emissions 

inventory. 

DATES: Effective Date: This rule is 

effective on September 19, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2010–1058. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 through 

http://www.regulations.gov or in hard 

copy at the Environmental Protection 

Agency, Region II Office, Air Programs 

Branch, 290 Broadway, 25th Floor, New 

York, New York 10007–1866. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: 

Raymond K. Forde, Air Programs 

Branch, Environmental Protection 

Agency, 290 Broadway, 25th Floor, New 

York, New York 10278, (212) 637–3716. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 31, 2011 (76 FR 17801), 

EPA proposed approval of the New York 

State Implementation Plan (SIP) 

submitted on February 8, 2008 and 

supplemented on December 28, 2009 

and January 26, 2011. The SIP submittal 

addresses the requirements for the New 

York portion of the New York-Northern 

New Jersey-Long Island and 

Poughkeepsie 8-hour ozone moderate 

nonattainment areas. The New York 

portion of the New York-Northern New 

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Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Rules and Regulations 51265 

Jersey-Long Island area is composed of 

the five boroughs of New York City and 

the counties of Nassau, Suffolk, 

Westchester and Rockland (referred to 

as the New York Metro Area). The 

Poughkeepsie area is composed of 

Dutchess, Orange and Putnam counties. 

The following Clean Air Act (CAA) 

requirements were the subject of the 

March 31, 2011 proposal: The 2002 base 

year emissions inventory, the 2008 

projection year emissions inventories, 

the 2008 motor vehicle emissions 

budgets used for planning purposes, the 

2008 RFP plan, the 2008 RFP Plan 

contingency measures as they apply to 

the New York portion of the New York 

Metro ozone moderate nonattainment 

area, the 2002 base year emissions 

inventory for the Poughkeepsie 8-hour 

ozone moderate nonattainment area and 

the state-wide 2002 base year ozone 

emissions inventory. 

With respect to the Poughkeepsie 

area, EPA has evaluated its air quality 

monitoring data and has determined the 

Poughkeepsie area has attained the 

8-hour ozone standard. On December 7, 

2009, EPA announced this 

determination in the Federal Register 

(74 FR 63993). Consistent with 40 CFR 

51.918, this determination suspends the 

requirements for various SIP items, 

including, the requirement to submit an 

attainment demonstration, an RFP plan, 

and section 172(c)(9) contingency 

measures for the eight-hour ozone 

NAAQS for so long as the area 

continues to attain the ozone NAAQS. 

Therefore, EPA is not taking action on 

these proposed SIP elements for the 

Poughkeepsie area that are contained in 

the 8-hour ozone SIP proposal that was 

submitted to EPA on February 8, 2008. 

However, EPA is taking action on the 

2002 base year emissions inventory for 

the Poughkeepsie Area. 

A detailed discussion of the SIP 

revisions and EPA’s rationale for 

approving them is contained in the 

March 31, 2011 proposal and will not be 

restated here. The reader is referred to 

the proposal for more details. 

II. Public Notice 

EPA received no comments in 

response to the March 31, 2011 

proposal. Therefore, in this action, EPA 

is approving New York’s plans. 

III. Conclusion 

EPA has evaluated New York’s 

submittal for consistency with the Clean 

Air Act and Agency regulations and 

policy. EPA is approving into the SIP 

the following components for the New 

York portion of the New York-Northern 

New Jersey-Long Island, NY-NJ-CT 

8-hour ozone moderate nonattainment 

area which are required by the Act: the 

2002 base and 2008 projection year 

emissions inventories, the 2008 motor 

vehicle emissions budgets used for 

planning purposes, the 2008 RFP plan, 

and the 2008 RFP Plan contingency 

measures. These components were 

submitted to EPA by New York in a 

package entitled ‘‘New York SIP for 

Ozone—Attainment Demonstration for 

New York Metro Area,’’ dated February 

8, 2008 and supplemented on December 

28, 2009 and January 26, 2011. 

EPA is also approving the 2002 base 

year emissions inventory for the 

Poughkeepsie 8-hour ozone moderate 

nonattainment area and the state-wide 

2002 base year emissions inventory. 

New York submitted these revisions to 

EPA for review and approval on 

February 8, 2008 in a package entitled, 

‘‘New York SIP for Ozone—Attainment 

Demonstration for Poughkeepsie, NY 

Area’’ and supplemented on December 

28, 2009 and January 26, 2011. 

IV. 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 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 17, 2011. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

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51266 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Rules and Regulations 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: August 4, 2011. 

Judith A. Enck, 

Regional Administrator, Region 2. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart HH—New York 

■ 2. Section 52.1670 is amended by 

adding an entry to end of table in 

paragraph (e) to read as follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(e) * * * 

Action/SIP element Applicable geographic or 

nonattainment area New York submittal date EPA approval date Explanation 

*******

2002 base year emissions inventory; 

2008 projection year emissions inventories; 

2008 motor vehicle emissions 

budgets used for planning purposes; 

2008 ozone reasonable further 

progress (RFP) plan; and 

2008 RFP Plan contingency 

measures. 

New York portion of the New 

York-Northern New JerseyLong Island 8-hour ozone nonattainment area.

2/8/2008 supplemented 

on 12/28/2009 and 1/26/2011 

August 18, 2011.

2002 base year emissions inventory.Poughkeepsie 8-hour ozone moderate nonattainment area.2/8/2008 supplemented 

on 12/28/2009 and 1/26/2011 

August 18, 2011.

2002 base year emissions inventory.State-wide .................................... 2/8/2008 supplemented 

on 12/28/2009 and 1/26/2011 

August 18, 2011.

■ 3. Section 52.1683 is amended by 

adding paragraph (l) to read as follows: 

§ 52.1683 Control Strategy: Ozone. 

* * * * * 

(l)(1) The following State 

Implementation Plan (SIP) elements are 

approved: The 2002 base year emissions 

inventory, the 2008 projection year 

emissions inventories, the 2008 motor 

vehicle emissions budgets used for 

planning purposes, the 2008 ozone 

reasonable further progress (RFP) plan, 

and the 2008 RFP Plan contingency 

measures as they apply to the New York 

portion of the New York-Northern New 

Jersey-Long Island, NY-NJ-CT 8-hour 

ozone moderate nonattainment area. 

These elements are included in the 

package entitled ‘‘New York SIP for 

Ozone-Attainment Demonstration for 

New York Metro Area,’’ dated February 

8, 2008 and supplemented on December 

28, 2009 and January 26, 2011. 

(2) The following SIP elements are 

approved: The 2002 base year emissions 

inventory for the Poughkeepsie 8-hour 

ozone moderate nonattainment area and 

the state-wide 2002 base year emissions 

inventory. These elements are included 

in a package entitled, ‘‘New York SIP for 

Ozone-Attainment Demonstration for 

Poughkeepsie, NY Area,’’ dated 

February 8, 2008 and supplemented on 

December 28, 2009 and January 26, 

2011. 

[FR Doc. 2011–21097 Filed 8–17–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL– 

9452–3] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Barceloneta Landfill Superfund 

Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region II is publishing a 

direct final Notice of Deletion of the 

Barceloneta Landfill Superfund Site 

(Site), located in Florida Afuera, Puerto 

Rico, from the National Priorities List 

(NPL). The NPL, promulgated pursuant 

to section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the 

Commonwealth of Puerto Rico, through 

the Puerto Rico Environmental Quality 

Board, because EPA has determined that 

all appropriate response actions under 

CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: This direct final deletion is 

effective October 3, 2011 unless EPA 

receives adverse comments by 

September 19, 2011. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final deletion in the Federal 

Register informing the public that the 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1983–0002, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• E-mail: Luis E. Santos, Remedial 

Project Manager, santos.luis@epa.gov. 

• Fax: 787–289–7104. 

• Mail: Luis E. Santos, Remedial 

Project Manager, U.S. Environmental 

Protection Agency, Region II, Caribbean 

Protection Division, Centro Europa 

Building, Suite 417, Ponce de Leo ́n 

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