Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Proposed Rules 283 

2. Identify a process for mailing such 

items rather than prohibiting them from 

the mail altogether. 

In the past, postal operations have 

been disrupted and facilities have been 

evacuated when replica or inert 

explosive devices have been discovered 

in the mail. Such evacuations result in 

unnecessary expense and loss of 

productivity to the Postal Service and 

can jeopardize USPS® service 

commitments. We believe this revised 

proposed rule will minimize the 

chances of operational disruptions 

caused by replica or inert explosive 

devices and at the same time allow 

mailers to continue to use the mail for 

shipping these items. 

Comments Received 

All comments received in response to 

the original proposed rule were in 

opposition to the proposal, falling into 

four major categories. Comments are 

summarized and presented below 

followed by our responses: 

Comment: The Postal Service 

proposal is vague and overly broad 

when identifying all replica or inert 

‘‘munitions’’ as being prohibited from 

mailing. 

The Postal Service agrees that the 

language in the rule could be more 

descriptive. We have, therefore, termed 

these articles as ‘‘inert or replica 

explosive devices’’ to distinguish them 

from inert munitions, such as empty 

shell casings and the like. In the revised 

proposed rule, replica or inert items that 

clearly look like a bomb or an explosive 

device, to an untrained observer, must 

be presented for mailing in accordance 

with the proposed standards in this 

document. This proposed rule is 

intended to discourage indiscriminate 

mailing of articles that appear to be 

explosive devices. 

Comment: Respondents dispute 

whether there really is a problem of 

inert munitions in the mail. 

In the past three years, the Postal 

Service has recorded numerous 

incidents involving the discovery of 

mail that exhibited characteristics of 

possible explosives. Postal facilities 

have been evacuated due to these 

occurrences. Postal Inspectors or local 

emergency first responders were 

contacted and required to respond to 

each of these occurrences. 

Comment: The proposal is in 

violation of the Second Amendment. 

We no longer propose to prohibit the 

mailing of items currently allowed by 

law to be mailed. In this revised 

proposed rule we are limiting the 

mailing of articles that have the 

appearance of real explosive devices. 

This revised proposed rule requires 

customers to present packages 

containing replica or inert explosive 

devices at a retail counter and that they 

be sent via Registered Mail. This process 

will ensure that packages containing 

these items remain separate and easily 

identifiable during the mailing process. 

Comment: The Postal Service lacks 

the authority to ban mailing of this 

matter. 

While the Postal Service does not 

necessarily agree with the legal 

arguments presented by certain 

respondents in response to its prior 

proposed rule, in reconsideration, we 

believe we can achieve the goal of 

reducing operational interruptions and 

maintaining the safety of the mail and 

postal employees by limiting the 

mailing process of replica or inert 

explosive devices rather than 

prohibiting them from being mailed. 

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 

Administrative practice and 

procedure, 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, 3622, 3626, 3632, 

3633, and 5001. 

2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) as follows: 

* * * * * 

600 Basic Standards for All Mailing 

Services 

601 Mailability 

* * * * * 

11.0 Other Restricted and 

Nonmailable Matter 

* * * * * 

11.5 Replica or Inert Explosive 

Devices 

[Renumber current 11.5 through 11.20 

as 11.6 through 11.21. Insert new 11.5 

to read as follows:] 

Replica or inert devices that bear a 

realistic appearance to explosive 

devices such as simulated grenades, but 

that are not dangerous, are permitted in 

the mail when all of the following 

conditions are met: 

a. The package is presented by the 

mailer at a retail counter. 

b. Registered Mail is used. Registered 

Mail service is only available for items 

mailed as either First-Class Mail or 

Priority Mail. 

c. The address side of the package is 

labeled with ‘‘REPLICA EXPLOSIVE’’ 

using at least 20 point type or letters at 

least 1⁄4′′ high. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes if our proposal is 

adopted. 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. E9–31218 Filed 1–4–10; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0804; FRL–9100–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Amendment to Electric 

Generating Unit Multi-Pollutant 

Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Delaware. The revision is an 

amendment to the Electric Generating 

Unit Multi-Pollutant Regulation of 

Delaware’s Administrative Code, and it 

modifies the sulfur dioxide (SO2) mass 

emissions limit associated with 

Conectiv Edge Moor Unit 5 beginning in 

calendar year 2009. This action is being 

taken under the Clean Air Act (CAA or 

the Act). 

DATES: Written comments must be 

received on or before February 4, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0804 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. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
284 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Proposed Rules 

C. Mail: EPA–R03–OAR–2009–0804, 

Cristina Fernandez, 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–2009– 

0804. 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 website 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 Delaware Department of 

Natural Resources & Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19901. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

e-mail at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 7, 2009, the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) 

submitted a revision to its SIP for an 

amendment to Regulation No. 1146— 

Electric Generating Unit Multi-Pollutant 

Regulation. 

I. Background 

On November 16, 2006, DNREC 

submitted a revision to the Delaware 

SIP. This SIP revision pertained to a 

new regulation, Regulation No. 1146— 

Electric Generating Unit (EGU) MultiPollutant Regulation. The regulation 

was adopted in order to impose lower 

emissions limits of nitrogen oxides 

(NOx), SO2 and mercury in order to help 

Delaware attain and maintain the 

national ambient air quality standards 

(NAAQS) for ozone and fine particulate 

matter (PM2.5), as well as to assist 

Delaware in achieving the emissions 

reductions needed to support the State’s 

8-hour ozone reasonable further 

progress plan (RFP). EPA approved the 

SIP revision on August 28, 2008 (73 FR 

50723). 

II. Summary of SIP Revision 

On October 7, 2009, EPA received a 

SIP revision to amend to Regulation No. 

1146. This SIP revision was the result of 

a settlement agreement between 

Conectiv Delmarva Generating, Inc. and 

DNREC in December 2008. Conectiv had 

filed an appeal challenging the 

regulation for their Edge Moor 5 facility. 

The emissions limit of 2,427 tons per 

year limited the facility from operating 

in extreme circumstances in the event 

that failure at other production units 

would require them to exceed that limit 

in order to supply the needed 

electricity. The limit of 4,600 tons per 

year was determined to be an adequate 

limit after an analysis of the facility’s 

history of operation and the estimate of 

future operations using the low sulfur 

(0.5%) residual fuel to generate 

electricity at the 446 megawatt oil-fired 

steam generating unit. Currently, the 

facility operates at a 10% capacity 

factor. If so required, the new emissions 

limit would allow the facility to operate 

at a 45% capacity factor. 

This amendment to Regulation No. 

1146 is a reasonable compromise 

between Conectiv and DNREC, which 

prevented a potential overturning of the 

regulation. Analysis supports that the 

increase in the SO2 emissions limit for 

the Edge Moor 5 facility will not lead to 

increased SO2 emissions on an annual 

basis, but will enable the facility to 

operate at a higher capacity if in the 

unusual circumstance it should be 

needed. Given that an increase in SO2

emissions is not expected from what 

they currently are at the facility, this 

revision will continue to help Delaware 

attain and maintain NAAQS for PM2.5. 

III. Proposed Action 

EPA is proposing to approve the 

Delaware SIP revision for the 

amendment to Regulation No. 1146— 

Electric Generating Unit Multi-Pollutant 

Regulation submitted on October 7, 

2009. This revision pertains to a 

modification of the SO2 emissions limit 

for the Conectiv Edge Moor Unit 5 from 

2,427 tons per year to 4,600 tons per 

year. EPA is soliciting public comments 

on the issues discussed in this 

document. These comments will be 

considered before taking final action. 

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 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Proposed Rules 285 

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 proposed rule, 

pertaining to Delaware’s amendment to 

Regulation 1146, the Electric Generating 

Unit Multi-Pollutant Regulation, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Particulate matter, Sulfur oxides. 

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

Dated: December 17, 2009. 

James W. Newsom, 

Acting Regional Administrator, Region III. 

[FR Doc. E9–31278 Filed 1–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 395 

[Docket No. FMCSA–2004–19608] 

RIN 2126–AB26 

Hours of Service 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of public listening 

sessions. 

SUMMARY: FMCSA announces that it will 

hold three public listening sessions to 

solicit comments and information on 

potential hours-of-service (HOS) 

regulations. Specifically, the Agency 

wants to know what factors, issues, and 

data it should be aware of as it prepares 

to issue a notice of proposed rulemaking 

(NPRM) on HOS requirements for 

property-carrying commercial motor 

vehicle (CMV) drivers. The sessions will 

be held in the Washington, DC area, Los 

Angeles, and Dallas. The listening 

sessions will allow interested persons to 

present comments, views, and relevant 

research on revisions FMCSA should 

consider in its forthcoming rulemaking. 

All comments will be transcribed and 

placed in the rulemaking docket for the 

FMCSA’s consideration. 

DATES: The first listening session will be 

January 19, 2010, in Arlington, VA (near 

Washington, DC). Subsequent listening 

sessions will be January 22, 2010, in 

Dallas Fort Worth Airport, TX; and 

January 25, 2010, in Los Angeles, CA. 

All listening sessions will begin at 9 

a.m. local time and end at 5 p.m., or 

earlier, if all participants wishing to 

express their views have done so. 

ADDRESSES: The January 19th meeting 

will be held at the Doubletree Hotel 

Crystal City National Airport 

(Commonwealth Ballroom), 300 Army 

Navy Drive, Arlington, VA 22202–2891 

(1–703–416–4100). 

The January 22th meeting will be held 

in Dallas at the Hyatt Regency DFW, 

International Parkway, P.O. Box 619014, 

DFW Airport, Texas, USA 75261 

(1–972–453–1234). 

The January 25th meeting will be held 

in Los Angeles at the Doubletree LAX 

(Pacific Ballroom), 1985 East Grand 

Ave., El Segundo, California, USA 

90245–5015 

(1–310–322–0999). 

You may submit comments bearing 

the Federal Docket Management System 

(FDMS) Docket ID FMCSA–2004–19608 

using any of the following methods. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket number for 

this notice. Note that DOT posts all 

comments received without change to 

http://www.regulations.gov, including 

any personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov at any time or 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The online Federal document management 

system is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or of the person signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s Privacy Act 

Statement for the Federal Docket 

Management System published in the 

Federal Register on January 17, 2008 

(73 FR 3316), or you may visit http:// 

edocket.access.gpo.gov/2008/pdf/E8- 

785.pdf. 

FOR FURTHER INFORMATION CONTACT: For 

special accommodations for any of these 

HOS listening sessions, such as sign 

language interpretation, contact Mr. 

David Miller, Regulatory Development 

Division, (202) 366–5370 or at 

FMCSAregs@dot.gov, by Monday, 

January 11, 2010, to allow us to arrange 

for such services. There is no guarantee 

that interpreter services requested on 

short notice can be provided. 

For information concerning the hoursof-service rules, contact Mr. Tom Yager, 

Chief, Driver and Carrier Operations 

Division, (202) 366–4325, 

mcpsd@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 26, 2009, Public Citizen, 

et al. (Petitioners) and FMCSA entered 

into a settlement agreement under 

which Petitioners’ petition for judicial 

review of the November 19, 2008 Final 

Rule on drivers’ hours of service will be 

held in abeyance pending the 

publication of an NPRM. The settlement 

agreement states that FMCSA will 

submit the draft NPRM to the Office of 

Management and Budget (OMB) within 

nine months, and publish a Final Rule 

within 21 months, of the date of the 


srobinson on DSKHWCL6B1PROD with PROPOSALS