Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations 66997

under § 255.3. The decision about

which corrective action to take, if any,

should be made within the time limits

set forth in paragraph (c)(3), or sooner

if possible.

* * * * *

5. In § 255.1, newly redesignated

paragraph (c)(3) is amended by revising

the third sentence to read as follows:

‘‘Whenever it appears that a complaint

cannot be resolved within 60 days of its

receipt, a written report and explanation

must be submitted to the appropriate

district manager.’’

6. In § 255.1, newly redesignated

paragraph (c)(4) is revised to read as

follows:

* * * * *

(c) * * *

(4) Automatic review. If the local

official proposes to deny a request or

complaint by a handicapped customer

for a special arrangement or the

alteration of a facility, the proposed

decision shall be submitted to the

appropriate district manager. The

customer must be notified in writing of

the approved decision.

* * * * *

7. In § 255.1, newly redesignated

paragraph (c)(5) is revised to read as

follows:

* * * * *

(c) * * *

(5) Exhaustion of administrative

remedies. If a customer service

complaint filed under this paragraph (c)

is not resolved within 60 days of its

receipt, the customer may seek relief in

any other appropriate forum, including

the right to appeal to the Customer

Advocate in accordance with Postal

Operations Manual 166. The Postal

Service may continue to consider the

complaint after the expiration of the 60

day period.

* * * * *

8. Section 255.2(a)(1) is amended by

revising ‘‘Domestic Mail Manual

155.262’’ to read ‘‘Postal Operations

Manual 631.42’’.

9. Section 255.2(a)(2)(i) is revised to

read as follows:

§ 255.2 Special arrangements for postal

services.

(a) * * *

(2) * * *

(i) Stamps by mail, phone, or on

consignment. See Postal Operations

Manual 151–153.

* * * * *

10. Section 255.2(a)(2)(ii) is amended

by revising ‘‘Domestic Mail Manual

156.41’’ to read ‘‘Postal Operations

Manual 652–653’’.

11. Section 255.2(a)(2)(iii) is amended

by revising ‘‘Postal Operations Manual

154’’ to read ‘‘Postal Operations Manual

145.6’’.

12. Section 255.2(a)(2)(iv) is revised to

read as follows:

(a) * * *

(2) * * *

(iv) Postage-free mailing for certain

mailings. See Domestic Mail Manual

E040, Administrative Support Manual

274.24, and International Mail Manual

250.

* * * * *

13. Section 255.2(b)(2) is revised to

read as follows:

* * * * *

(b) * * *

(2) Response to Customer Request or

Complaint for a Special Arrangement. A

local official receiving a request or

complaint seeking a special arrangement

must provide the customers with any

such arrangement as may be required by

postal regulations. If no special

arrangements are required, the postal

official, in consultation with the district

office as needed, may provide a special

arrangement or take any action that will

accommodate the customer, including,

among others, performing a

discretionary retrofit, providing curb or

home delivery, or directing the

customer to a nearby accessible facility,

if he or she determines the arrangement

or action would be reasonable, practical,

and consistent with the economical and

proper operation of the particular

program or activity.

* * * * *

14. Section 255.2(c) is removed.

15. Section 255.3(a)(1) is to read as

follows:

§ 255.3 Access to postal facilities.

(a) * * *

(1) Legal and policy requirements.

Where the design standards of the

Architectural Barriers Act (ABA) of

1968 do not apply, the Postal Service

may perform a retrofit to the facility for

a handicapped customer in accordance

with this part.

* * * * *

16. Section 255.3(a)(2) introductory

text is amended by removing ‘‘also’’ and

revising the phrase ‘‘the Barrier Act’s’’

to read ‘‘ABA’’ in the first sentence, and

by removing the second sentence.

17. Sections 255.3(a), (a)(4), and (a)(5)

are removed.

18. Section 255.3(b)(2) is revised to

read:

* * * * *

(b) * * *

(2) Response to customer request or

complaint for an alteration to a facility.

If a local official determines, in

consultation with the district office as

needed, that modification to meet ABA

standards is not required, discretionary

alteration may be made on a case-bycase basis in accordance with the

criteria listed in paragraph (a)(2) of this

section. If a discretionary alteration is

not made, the local official should

determine if the customer can be

provided a special arrangement under

§ 255.2.

* * *

19. Section 255.3(c) is removed.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 97–33478 Filed 12–22–97; 8:45 am]

BILLING CODE 7710–12–M

POSTAL SERVICE

39 CFR Part 954

Rules of Practice in Proceedings

Relative to the Denial, Suspension, or

Revocation of Second-Class Mail

Privileges

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: The Postal Service is making

several technical amendments to reflect

new terminology adopted in connection

with Periodicals, formerly second-class

mail, and to update titles and make

other technical and grammatical

changes.

EFFECTIVE DATE: December 23, 1998.

FOR FURTHER INFORMATION CONTACT:

Diane M. Mego, (202) 268–5438.

SUPPLEMENTARY INFORMATION: As a part

of Classification Reform proceedings,

second-class mail was renamed

Periodicals. As of July 1, 1996, secondclass mail privileges have been referred

to as Periodicals mailing privileges

(Domestic Mail Manual § E211.1.1).

Administrative decisions determined

under that section now refer to

Periodicals mail privileges. Procedural

rules for the denial, suspension, and

revocation of these privileges are found

at 39 CFR 954.

Amendment to part 954 is needed to

substitute references to Periodicals mail

privileges for second-class mail

privileges. Additional amendment is

needed to reflect the revision and

renumbering of the Domestic Mail

Manual on July 1, 1993 (54 Fed. Reg.

34887 (1993)), and to update and correct

the titles of the Docket Clerk, Director,

Law Librarian, and Law Library to the

Recorder, authorized official, Librarian,

and Library, respectively. Also, several

grammatical amendments reflecting

gender neutrality are being made.

These revisions are changes in agency

rules of procedure before the Judicial

Officer and do not substantially affect
66998 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Rules and Regulations

any rights or obligations of private

parties. Therefore, it is appropriate for

their adoption by the Postal Service to

become effective immediately.

List of Subjects in 39 CFR Part 954

Administrative practice and

procedure, Periodicals, Postal Service.

Accordingly, the Postal Service

adopts amendments to 39 CFR part 954

as specifically set forth below:

PART 954—[AMENDED]

1. The authority citation for part 954

continues to read as follows:

Authority: 39 U.S.C. 204, 401.

2. The title of part 954 is amended by

substituting ‘‘Periodicals’’ for ‘‘SecondClass.’’

§ 954.2 [Amended]

3. Section 954.2 is amended by

substituting ‘‘Periodicals’’ for ‘‘secondclass.’’

§ 954.3 [Amended]

4. Section 954.3 is amended by

substituting ‘‘Periodicals’’ for ‘‘secondclass.’’

§ 954.5 [Amended]

5. Section 954.5 is amended by

substituting ‘‘Periodicals’’ for ‘‘secondclass.’’

6. Section 954.5 is amended by

substituting ‘‘§ E213 of the Domestic

Mail Manual’’ for ‘‘Part 132 of this

chapter.’’

7. Section 954.5 is amended by

adding ‘‘or she’’ after ‘‘he’’ and ‘‘or her’’

after ‘‘his’’ wherever it appears.

§ 954.6 [Amended]

8. Section 954.6 is amended by

substituting ‘‘Periodicals’’ for ‘‘secondclass.’’

9. Section 954.6 is amended by

adding ‘‘or she’’ after ‘‘he.’’

§ 954.8 [Amended]

10. Section 954.8 is amended by

substituting ‘‘Recorder’’ for ‘‘Docket

Clerk’’ wherever it appears.

11. Section 954.8(b) is amended by

substituting ‘‘Periodicals’’ for ‘‘secondclass’’ wherever it appears.

12. Section 954.8(b) is amended by

adding ‘‘or her’’ after ‘‘his.’’

13. Section 954.8(e) is amended by

adding ‘‘or she’’ after ‘‘he’’ wherever it

appears.

§ 954.10 [Amended]

14. Section 954.10 is amended by

adding ‘‘or her’’ after ‘‘his’’ and ‘‘or she’’

after ‘‘he.’’

§ 954.12 [Amended]

15. Section 954.12 is amended by

adding ‘‘or her’’ after ‘‘his’’ and ‘‘or she’’

after ‘‘he’’ wherever it appears.

§ 954.13 [Amended]

16. Section 954.13(a) is amended by

substituting ‘‘authorized official’’ for

‘‘Director.’’

17. Section 954.13(a) is amended by

adding ‘‘or her’’ after ‘‘his’’ and ‘‘him.’’

18. Section 954.13(c) is amended by

adding ‘‘or she’’ after ‘‘he.’’

§ 954.14 [Amended]

19. Section 954.14(b)(6) is amended

by adding ‘‘or she’’ after ‘‘he.’’

20. Section 954.14(b)(8) is amended

by adding ‘‘or her’’ after ‘‘his.’’

§ 954.16 [Amended]

21. Section 954.16(d)(1) is amended

by substituting ‘‘the authorized

official’s’’ for ‘‘Director’s.’’

§ 954.17 [Amended]

22. Section 954.17(b) is amended by

adding ‘‘or her’’ after ‘‘his’’ and ‘‘or she’’

after ‘‘he’’ wherever it appears.

§ 954.18 [Amended]

23. Section 954.18(a) is amended by

substituting ‘‘Recorder’’ for ‘‘Docket

Clerk’’ wherever it appears.

§ 954.19 [Amended]

24. Section 954.19(a) is amended by

adding ‘‘or she’’ after ‘‘he.’’

§ 954.25 [Amended]

25. Section 954.25 is amended by

substituting ‘‘Librarian’’ for ‘‘Law

Librarian.’’

26. Section 954.25 is amended by

substituting ‘‘Library’’ for ‘‘Law

Library.’’

27. Section 954.25 is amended by

substituting ‘‘Recorder’’ for ‘‘Docket

Clerk.’’

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 97–33480 Filed 12–22–97; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 179–0057 FRL–5934–8]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Bay

Area Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the approval

of revisions to the California State

Implementation Plan (SIP) proposed in

the Federal Register on August 4, 1997.

The revisions concern rules from the

Bay Area Air Quality District

(BAAQMD). This approval action will

incorporate these rules into the federally

approved SIP. The intended effect of

approving these rules is to incorporate

BAAQMD rules with updated

definitions which include a revised

definition of volatile organic compound

(VOC) into the federally approved SIP.

EFFECTIVE DATE: This action is effective

on January 22, 1998.

ADDRESSES: Copies of the rule revisions

and EPA’s evaluation report for the

rules are available for public inspection

at EPA’s Region IX office during normal

business hours. Copies of the submitted

rule revisions are available for

inspection at the following locations:

Rulemaking Office (AIR–4), Air

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, SW.,

Washington, DC 20460.

Bay Area Air Quality Management

District, 939 Ellis Street, San Francisco,

CA 94109.

FOR FURTHER INFORMATION CONTACT:

Christine Vineyard, Rulemaking Office,

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1197.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the

California SIP include the following

BAAQMD rules: Rule 8–4, General

Solvent and Surface Coating Operations;

Rule 8–11, Metal Container, Closure and

Coil Coating; Rule 8–12, Paper, Fabric,

and Film Coating; Rule 8–13, Light and

Medium Duty Motor Vehicle Assembly

Plants; Rule 8–14, Surface Coating of

Large Appliance and Metal Furniture;

Rule 8–19, Surface Coating of

Miscellaneous Metal Parts and Products;

Rule 8–20, Graphic Arts Printing and

Coating; Rule 8–23, Coating of Flat

Wood Paneling and Wood Flat Stock;

Rule 8–29, Aerospace Assembly and

Component Coating Operations; Rule 8–

31, Surface Coating of Plastic Parts and

Products; Rule 8–32, Wood Products;

Rule 8–38, Flexible and Rigid Disc

Manufacturing; Rule 8–43, Surface

Coating of Marine Vessels; Rule 8–45,

Motor Vehicle and Mobile Equipment

Coating Operations; Rule 8–50,

Polyester Resin Operations.