29100 Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / Proposed Rules 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

(Catalog of Federal Domestic Assistance 

Number does not apply.) 

List of Subjects in 34 CFR Part 75 

Administrative practice and 

procedure, Education Department, Grant 

programs—education, Grant 

administration, Performance reports, 

Reporting and recordkeeping 

requirements, Unobligated funds. 

Dated: May 18, 2007. 

Margaret Spellings, 

Secretary of Education. 

For the reasons discussed in the 

preamble, the Secretary proposes to 

amend part 75 of title 34 of the Code of 

Federal Regulations as follows: 

PART 75—DIRECT GRANT 

PROGRAMS 

1. The authority citation for part 75 

continues to read as follows: 

Authority: 20 U.S.C. 1221e–3 and 3474, 

unless otherwise noted. 

2. Section 75.560 is amended by 

revising paragraphs (b) and (c), 

redesignating paragraph (d) as 

paragraph (e) and adding a new 

paragraph (d) to read as follows: 

§ 75.560 General indirect cost rates; 

exceptions. 

* * * * * 

(b) A grantee must have obtained a 

current indirect cost rate agreement 

from its cognizant agency, to charge 

indirect costs to a grant. To obtain an 

indirect cost rate, a grantee must submit 

an indirect cost proposal to its cognizant 

agency within ninety days after the date 

the Department issues the grant award 

notification. 

(c) If a grantee does not have a 

federally recognized indirect cost rate 

agreement, the Secretary may permit the 

grantee to charge its grant for indirect 

costs at a temporary rate of ten percent 

of budgeted direct salaries and wages. 

(d)(1) If a grantee fails to submit an 

indirect cost rate proposal to its 

cognizant agency within the required 

ninety days, the grantee may not charge 

indirect costs to its grant from the end 

of the ninety-day period until it obtains 

a federally recognized indirect cost rate 

agreement applicable to the grant. 

(2) If the Secretary determines that 

exceptional circumstances warrant 

continuation of a temporary indirect 

cost rate, the Secretary may authorize 

the grantee to continue charging indirect 

costs to its grant at the temporary rate 

specified in paragraph (c) of this section 

even though the grantee has not 

submitted its indirect cost rate proposal 

within the ninety-day period. 

(3) Once a grantee obtains a federally 

recognized indirect cost rate that is 

applicable to the affected grant, the 

grantee may use that indirect cost rate 

to claim indirect cost reimbursement for 

expenditures made on or after the date 

the grantee submitted its indirect cost 

proposal to its cognizant agency or the 

start of the project period, whichever is 

later. However, this authority is subject 

to the following limitations: 

(i) The total amount of funds 

recovered by the grantee under the 

federally recognized indirect cost rate is 

reduced by the amount of indirect costs 

recovered under the temporary indirect 

cost rate after the date the indirect cost 

proposal was submitted to the cognizant 

agency. 

(ii) The grantee must obtain prior 

approval from the Secretary to shift 

direct costs to indirect costs in order to 

recover indirect costs at a higher 

negotiated indirect cost rate. 

(iii) The grantee may not request 

additional funds to recover indirect 

costs that cannot be recovered by 

shifting direct costs to indirect costs. 

* * * * * 

3. Section 75.562 is amended by 

revising paragraph (c) to read as follows: 

§ 75.562 Indirect cost rates for educational 

training projects. 

* * * * * 

(c)(1) Indirect cost reimbursement on 

a training grant is limited to the 

recipient’s actual indirect costs, as 

determined in its negotiated indirect 

cost rate agreement, or eight percent of 

a modified total direct cost base, 

whichever amount is less. 

(2) For the purposes of this section, a 

modified total direct cost base consists 

of total direct costs minus the following: 

(i) The amount of each sub-award in 

excess of $25,000. 

(ii) Stipends. 

(iii) Tuition and related fees. 

(iv) Equipment, as defined in 34 CFR 

74.2 and 80.3, as applicable. 

Note: If the grantee has established a 

threshold for equipment that is lower than 

$5,000 for other purposes, it must use that 

threshold to exclude equipment under the 

modified total direct cost base for the 

purposes of this section. 

(3) The eight percent indirect cost 

reimbursement limit specified in 

paragraph (c)(1) of this section also 

applies to sub-awards that fund training, 

as determined by the Secretary under 

paragraph (b) of this section. 

(4) The eight percent limit does not 

apply to agencies of State or local 

governments, including federally 

recognized Indian tribal governments, as 

defined in 34 CFR 80.3. 

(5) Indirect costs in excess of the eight 

percent limit may not be charged 

directly, used to satisfy matching or 

cost-sharing requirements, or charged to 

another Federal award. 

* * * * * 

4. Section 75.564 is amended by 

revising paragraph (e) to read as follows: 

§ 75.564 Reimbursement of indirect costs. 

* * * * * 

(e)(1) Indirect costs for a group of 

eligible parties (See §§ 75.127–75.129) 

are limited to the amount derived by 

applying the rate of the applicant, or a 

restricted rate when applicable, to the 

direct cost base for the grant in keeping 

with the terms of the applicant’s 

federally recognized indirect cost rate 

agreement. 

(2) If a group of eligible parties 

applies for a training grant under the 

group application procedures in 

§§ 75.127–75.129, the grant funds 

allocated among the members of the 

group are not considered sub-awards for 

the purposes of applying the indirect 

cost rate in 34 CFR 75.562(c). 

(Authority: 20 U.S.C. 1221e–3 and 3474) 

[FR Doc. E7–10036 Filed 5–23–07; 8:45 am] 

BILLING CODE 4000–01–P 

POSTAL SERVICE 

39 CFR Part 111 

Electronic Option for Delivery 

Confirmation Service Required for 

Priority Mail Open and Distribute 

AGENCY: Postal Service. 

ACTION: Proposed rule. 

SUMMARY: The Postal Service currently 

allows mailers to use the electronic 

option for Delivery Confirmation service 

on Priority Mail Open and Distribute 

containers. We are proposing to make 

this optional extra service a 

requirement. 

DATES: Submit comments on or before 

June 25, 2007. 

ADDRESSES: Mail or deliver written 

comments to the Manager, Mailing 

Standards, U.S. Postal Service, 475 

L’Enfant Plaza, SW., Room 3436, 

Washington, DC 20260–3436. Copies of 

all written comments will be available 

for inspection and photocopying 

between 9 a.m. and 4 p.m., Monday 

through Friday, at the Postal Service 

Headquarters Library, 475 L’Enfant 

Plaza, SW., 11th Floor North, 

Washington, DC 20260–0004. 


rmajette on PROD1PC67 with PROPOSALS
Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / Proposed Rules 29101 

FOR FURTHER INFORMATION CONTACT: Jean 

Arnao, Package Services, 202–268–7467; 

or Garry Rodriguez, Mailing Standards, 

202–268–7281. 

SUPPLEMENTARY INFORMATION: On 

February 1, 2007, the Postal Service 

replaced Express Mail Drop Shipment 

and Priority Mail Drop Shipment with 

Express Mail Open and Distribute and 

Priority Mail Open and Distribute. The 

revised standards were designed to 

enhance the Postal Service’s ability to 

provide mailers with expedited service 

to destination delivery units and other 

mail processing facilities. In the 

revision, we provided mailers with an 

option to use the electronic option for 

Delivery Confirmation service to verify 

delivery. We offered this option to 

enable mailers to receive, at no 

additional cost, vital performance 

information that includes the date, ZIP 

Code, and time their Priority Mail Open 

and Distribute containers are delivered 

to their destination. The new 

requirement for electronic option 

Delivery Confirmation service on all 

Priority Mail Open and Distribute 

containers would allow the Postal 

Service to monitor these mailings by 

providing increased visibility to the 

individual mail containers, providing a 

measurement tool, and effectively 

communicating to mailers the delivery 

status of each container. 

Our proposal would require mailers to 

use the electronic option for Delivery 

Confirmation service for Priority Mail 

Open and Distribute containers in 

accordance with instructions in 

Publication 91, Confirmation Services 

Technical Guide. The required use of 

the electronic option for Delivery 

Confirmation service for Priority Mail 

Open and Distribute containers would 

be effective October 1, 2007. 

Although we are exempt from the 

notice and comment requirements of the 

Administrative Procedure Act [5 U.S.C. 

of 553(b), (c)] regarding proposed 

rulemaking by 39 U.S.C. 410(a), we 

invite public comments on the 

following proposed revisions to Mailing 

Standards of the United States Postal 

Service, Domestic Mail Manual (DMM), 

incorporated by reference in the Code of 

Federal Regulations. See 39 CFR 111.1. 

List of Subjects in 39 CFR Part 111 

Postal Service. 

Accordingly, 39 CFR part 111 is 

proposed to be 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); 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201–

3219, 3403–3406, 3621, 3626, 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 

* * * * * 

16.4 Additional Standards for Priority 

Mail Open and Distribute 

* * * * * 

16.4.2 Extra Services 

[Revise the first sentence in 16.4.2 to 

require the use of electronic option 

Delivery Confirmation service on each 

container of Priority Mail Open and 

Distribute as follows:] 

Electronic option Delivery 

Confirmation service is required on all 

Priority Mail Open and Distribute 

containers. * * * 

* * * * * 

16.5 Preparation 

* * * * * 

16.5.4 Tags 161 and 190—Priority 

Mail Open and Distribute 

[Delete item c.] 

* * * * * 

16.6.7 Delivery Confirmation Service 

[Revise the text of 16.6.7 as follows:] 

Mailers should prepare address labels 

on Label 23, Tag 161, and Tag 190, 

using the formats in 16.6.8 through 

16.6.11. A Delivery Confirmation 

service barcode must be incorporated in 

the address label (see 16.4.2). Mailers 

must obtain USPS certification for each 

printer used to print barcoded Delivery 

Confirmation service labels. Further 

certification and formatting 

specifications are included in 

Publication 91, Confirmation Services 

Technical Guide. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes if our proposal is 

adopted. 

Neva Watson, 

Attorney, Legislative. 

[FR Doc. E7–9967 Filed 5–23–07; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2006–0985–200625; FRL–

8317–9] 

Approval and Promulgation of 

Implementation Plans Georgia: 

Enhanced Inspection and Maintenance 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State Implementation Plan (SIP) 

revisions submitted by the State of 

Georgia, through the Georgia 

Environmental Protection Division (GA 

EPD), on July 25, 2006, and January 25, 

2007, pertaining to rules for Enhanced 

Inspection and Maintenance (I/M). In 

the Final Rules Section of this Federal 

Register, EPA is approving the State’s 

SIP revision 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 rule, 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 

on this document. Any parties 

interested in commenting on this 

document should do so at this time. 

DATES: Written comments must be 

received on or before June 25, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04–

OAR–2006–0985, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: harder.stacy@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2006–

0985,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Stacy 

Harder, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 


rmajette on PROD1PC67 with PROPOSALS