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Citation: 74 Fed. Reg. 67819 2009

Content downloaded/printed from HeinOnline (http://heinonline.org) Fri Oct 2 16:52:45 2015

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-- The search text of this PDF is generated from uncorrected OCR text.Federal Register/Vol. 74, No. 243/Monday, December 21, 2009/Rules and Regulations

Canada Post-United States Postal service

Contractual Bilateral Agreement for Inbound Competitive Services (MC2009- 8 and CP2009-9) International Money Transfer Service International Ancillary Services Special Services

Premium Forwarding Service Negotiated Service Agreements

Domestic Express Mail Contract 1 (MC2008-5) Express Mail Contract 2 (MC2009-3 and

CP2009-4) Express Mail Contract 3 (MC2009-15 and

CP2009-21) Express Mail Contract 4 (MC2009-34 and

CP2009-45) Express Mail Contract 5 (MC2010-5 and

CP2010-5) Express Mail &Priority Mail Contract 1

(MC2009-6 and CP2009-7) Express Mail &Priority Mail Contract 2

(MC2009-12 and CP2009-14) Express Mail &Priority Mail Contract 3

(MC2009-13 and CP2009-17) Express Mail &Priority Mail Contract 4

(MC2009-17 and CP2009-24) Express Mail &Priority Mail Contract 5

(MC2009-18 and CP2009-25) Express Mail &Priority Mail Contract 6

(MC2009-31 and CP2009-42) Express Mail &Priority Mail Contract 7

(MC2009-32 and CP2009-43) Express Mail &Priority Mail Contract 8

(MC2009-33 and CP2009-44) Parcel Select & Parcel Return Service

Contract 1 (MC2009-11 and CP2009-13) Parcel Select & Parcel Return Service

Contract 2 (MC2009-40 and CP2009-61) Parcel Return Service Contract 1 (MC2009-

1 and CP2009-2) Priority Mail Contract 1 (MC2008-8 and

CP2008-26) Priority Mail Contract 2 (MC2009-2 and

CP2009-3) Priority Mail Contract 3 (MC2009-4 and

CP2009-5) Priority Mail Contract 4 (MC2009-5 and

CP2009-6) Priority Mail Contract 5 (MC2009-21 and

CP2009-26) Priority Mail Contract 6 (MC2009-25 and

CP2009-30) Priority Mail Contract 7 (MC2009-25 and

CP2009-31) Priority Mail Contract 8 (MC2009-25 and

CP2009-32) Priority Mail Contract 9 (MC2009-25 and

CP2009-33) Priority Mail Contract 10 (MC2009-25 and

CP2009-34) Priority Mail Contract 11 (MC2009-27 and

CP2009-37) Priority Mail Contract 12 (MC2009-28 and

CP2009-38) Priority Mail Contract 13 (MC2009-29 and

CP2009-39) Priority Mail Contract 14 (MC2009-30 and

CP2009-40) Priority Mail Contract 15 (MC2009-35 and

CP2009-54) Priority Mail Contract 16 (MC2009-36 and

CP2009-55) Priority Mail Contract 17 (MC2009-37 and

CP2009-56) Priority Mail Contract 18 (MC2009-42 and

CP2009-63) Priority Mail Contract 19 (MC2010-1 and CP2010-1) Priority Mail Contract 20 (MC2010-2 and

CP2010-2) Priority Mail Contract 21 (MC2010-3 and

CP2010-3) Priority Mail Contract 22 (MC2010-4 and

CP2010-4) Priority Mail Contract 23 (MC2010-9 and

CP2010-9) Outbound International

Direct Entry Parcels Contracts Direct Entry Parcels 1 (MC2009-26 and

CP2009-36) Global Direct Contracts (MC2009-9,

CP2009-10, and CP2009-11) Global Expedited Package Services (GEPS)

Contracts GEPS 1 (CP2008-5, CP2008-11, CP2008-

12, and CP2008-13, CP2008-18, CP2008-19,CP2008-20,CP2008-21, CP2008-22, CP2008-23, and CP2008-24) Global Expedited Package Services 2

(CP2009-50) Global Plus Contracts Global Plus 1 (CP2008-8, CP2008-46 and

CP2009-47) Global Plus 2 (MC2008-7, CP2008-48 and

CP2008-49) Inbound International

Inbound Direct Entry Contracts with

Foreign Postal Administrations Inbound Direct Entry Contracts with

Foreign Postal Administrations (MC2008-6, CP2008-14 andMC2008- 15) Inbound Direct Entry Contracts with

Foreign Postal Administrations 1 (MC2008-6 and CP2009-62) International Business Reply Service

Competitive Contract 1 (MC2009-14 and CP2009-20) Competitive Product Descriptions

Express Mail [Reserved for Group Description] Express Mail [Reserved for Product Description] Outbound International Expedited Services [Reserved for Product Description] Inbound International Expedited Services [Reserved for Product Description] Priority [Reserved for Product Description] Priority Mail [Reserved for Product Description] Outbound Priority Mail International [Reserved for Product Description] Inbound Air Parcel Post [Reserved for Product Description] Parcel Select [Reserved for Group Description] Parcel Return Service [Reserved for Group Description] International [Reserved for Group Description] International Priority Airlift (IPA) [Reserved for Product Description] International Surface Airlift (ISAL) [Reserved for Product Description] International Direct Sacks-M-Bags [Reserved for Product Description] Global Customized Shipping Services [Reserved for Product Description] International Money Transfer Service [Reserved for Product Description] Inbound Surface Parcel Post (at non-UPU

rates) [Reserved for Product Description] International Ancillary Services [Reserved for Product Description] International Certificate ofMailing [Reserved for Product Description] International Registered Mail [Reserved for Product Description] International Return Receipt [Reserved for Product Description] International Restricted Delivery [Reserved for Product Description] International Insurance [Reserved for Product Description] Negotiated Service Agreements [Reserved for Group Description] Domestic [Reserved for Product Description] Outbound International [Reserved for Group Description]
Part C-Glossary of Terms and Conditions [Reserved]

Part D-Country Price Listsfor International Mail [Reserved]
[FRDoc. E9-30230 Filed 12-18-09; 8:45 am]

BILLING CODE 7710-FW-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52 [EPA-R09-OAR-2008-0379; FRL-8982-4]
Approval and Promulgation of Maintenance Plan for Carbon Monoxide; State of Arizona; Tucson Air Planning Area

AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.

SUMMARY: Pursuant to the Clean Air Act, EPA is approving two revisions to the Arizona State Implementation Plan. These revisions include the 2008 Revision to the Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area, submitted on July 10, 2008, and a statutory provision, submitted onJune 22, 2009, that extends the life ofthe State's vehicle emissions inspection program through the end of 2016. EPA is taking this action pursuant to those provisions of the Clean Air Act that obligate the Agency to take action on submittals of revisions to state implementation plans. The effect ofthis action is to make certain commitments related to maintenance ofthe carbon monoxide standard in the Tucson Air Planning Area Federally enforceable as part ofthe Arizona State Implementation Plan. DATES: EffectiveDate:This rule is effective on January 20, 2010. ADDRESSES: EPA has established docket number EPA-R09-OAR-2008-0379 for this action. The index to the docket is 

### 6781967820 Federal Register/Vol. 74, No. 243/Monday, December 21, 2009/Rules and Regulations

available electronically athttp:// www.regulations.govandin hard copy atEPA Region IX, 75Hawthorne Street, SanFrancisco, California. While all documents in the docket are listed in the index, some information maybe publicly available only at the hard copy location (e.g.,copyrighted material), and

some may not be publicly available in either location (e.g., CBI). Toinspect the hard copy materials, please schedule an appointment during normalbusiness hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Marty Robin, Air Planning Office (AIR2), EPA Region IX, (415) 972-3961, robin.marty@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, "we," "us" and "our" refer to EPA.
Table ofContents

I.Proposed Action II.Public Comment IL FinalAction IV. Statutory and Executive Order Reviews
I. Proposed Action

On August 5, 2009 (74 FR 39007), EPA proposed toapprove, under the Clean Air Act (CAA or "Act"), two revisions to the Arizona State Implementation Plan (SIP) submitted by the Arizona Department of Environmental Quality (ADEQ). First,

we proposed toapprove the2008 Revision to the CarbonMonoxide LimitedMaintenancePlan forthe TucsonAirPlanning Area (for2010) ("2008 COMaintenance Plan"), submitted by ADEQon July 10, 2008. Second, we proposed to approve a statutoryprovision that was submitted by ADEQon June 22, 2009that extends the life ofthe State's vehicle emissions inspection (VEI)program throughthe endof2016.

We proposed approval ofthe 2008 CO Maintenance Plan because we concluded that itincludes an acceptable update ofthe various elements ofthe initial EPA-approved 1996 CO Maintenance Plan for the Tucson Air Planning Area (TAPA) (including emissions inventory, assurance of adequate monitoring and verification of continued attainment, and contingency provisions), and essentially carries forward all ofthe control measures and contingency provisions relied upon in the earlier plan.

We also concluded that the TAPA, a former nonclassifiable CO nonattainment area, continues to qualify for the Limited Maintenance Plan (LMP) option and thattherefore the 2008CO Maintenance Plan adequately demonstrates maintenance ofthe CO NAAQS through documentation of monitoring data showing maximum CO levels less than 85% ofthe NAAQS and continuation ofexisting control

measures. We believed the 2008 CO Maintenance Plan tobe sufficient to provide for maintenance ofthe CO NAAQS in the TAPA overthe second 10-year maintenance period and to thereby satisfy the requirements for such a plan under CAA section 175A(b). Based on our finding that the 2008 CO Maintenance Plan qualifies as anLMP,

we proposed to approve the 2008 CO Maintenance Plan fortransportation conformity purposes.

In connection withthe 2008 CO Maintenance Plan, we proposed to approve a statutory provision, Arizona Revised Statutes (ARS) section 41- 3017.01, thatextends the life ofthe State's VEIprogram (applicable to the TAPA andPhoenix metropolitan areas) until the end of2016, andthat was submitted to EPA as a revision tothe Arizona SIP on June 22, 2009, based on
our expectation that the Arizona Legislature will extend the VEI program beyond 2016. The VEIprogram is one of the control measures relied upon bythe 2008 COMaintenance Plan.

Please referto ourAugust 5,2009 proposed rule for more information on
our evaluation and decision.
II.Public Comment

EPA's proposed action provided a 30- day public comment period. Duringthis period, we received no comments.
III. FinalAction

Under sections 110(k) and 175A ofthe CAA and forthe reasons set forth above and in our proposed rule, EPAis approving two revisions ofthe Arizona SIP submittedby ADEQ.The first, submitted on July 10, 2008, includes the 2008 COMaintenance Plan forthe Tucson Air Planning Area, and the second, submitted on June 22, 2009, includes a statutory provision (ARS section 41-3017.01) extending the life of the VEIprogram through the end of 2016. Our approval makes the commitments in the maintenance plan, such as the commitmentto continue to maintain a monitoring network in accordance with EPArequirements and to implement the contingency provisions, federally enforceable.

We are also approving the 2008 CO Maintenance Plan as an LMP, and under

our LMP policy, such an approval

means that the Pima Association of Governments (PAG), theFederal Highway Administration, and the Federal Transit Administration willnot be required to satisfy the regional emissions analysis for COunder 40 CFR 93.118 and/or 40 CFR 93.119 in determining conformity of transportation plans and programs in the Tucson Air Planning Area.
IV. Statutory andExecutive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions ofthe Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role isto approve State choices, provided thatthey meet the criteria ofthe CleanAir 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 toreviewby the Office ofManagement and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

* Does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 etseq.);

* Is certified as not having a significant economic impact on a substantial number ofsmall entities under the Regulatory Flexibility Act (5 U.S.C. 601 etseq.);

* Does not contain any unfunded mandate orsignificantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of1995 (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 actionbased onhealth or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

* Is not a significant regulatory action subject toExecutive Order 13211 (66FR 28355, May 22, 2001);

* Is not subject to requirements of Section 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application ofthose requirements would be inconsistent with theClean Air Act; and

* Does not provide EPA withthe discretionary authority toaddress, 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,Federal Register/Vol. 74, No. 243/Monday, December 21, 2009/Rules and Regulations

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 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides thatbefore a rule may take effect, the agency promulgating the rulemust submita rule report, which includes a copy ofthe rule, to each House ofthe Congress and tothe Comptroller General ofthe United States. EPAwill submit a report containing this action and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United Statesprior to publication ofthe rule in the FederalRegister. A majorrule cannot take effect until 60 days after it is published in the Federal Register. This action is not a "major rule" as definedby 5U.S.C. 804(2).

Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review of this action must be filed inthe United States Court ofAppeals for the appropriate circuit byFebruary19, 2010.Filing a petition for reconsideration by theAdministrator of this final rule does not affect thefinality ofthis rule for the purposes ofjudicial review nordoes itextend the time within which a petitionfor judicial review may be filed, and shall not postpone the effectiveness ofsuch rule

oraction. This action may notbe challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
Listof Subjects in40 CFR Part52

Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements.

Dated: October 14, 2009. Laura Yoshii, ActingRegionalAdministrator, RegionIX.
* Part52, chapterI, title40 ofthe Code ofFederal Regulations is amended as follows:

PART 52-[AMENDED]

m 1. The authority citationfor Part52 continues to read as follows:

Authority:42 U.S.C. 7401 etseq. Subpart D-Arizona

* 2.Section 52.120 isamended by adding paragraphs (c)(143) and (c)(144) to read as follows: §52.120 Identificationof plan.

(c) * * * (143) The 2008 Revision to the Carbon Monoxide Limited Maintenance Planfor the Tucson Air Planning Area (for 2010), adoptedby thePimaAssociation ofGovernments on June 26, 2008, and adopted and submitted by the Arizona Department ofEnvironmental Quality

on July 10, 2008, excluding appendix D. (144) Appendix D (Revised) ("Letter from Arizona Department of Environmental Quality re: Vehicle Emissions Inspection Program (VEIP), Revised to include supporting documents authorizing the VEIP from 2009 to 2017 (Chapter 171, Senate Bill 1531 from the48th Regular Session of the Arizona Legislature and Arizona Revised Statute text A.R.S. 41- 3017.01"), adopted as a Supplement to the Carbon Monoxide Limited Maintenance Plan forthe TucsonAir Planning Area (for2010) by the Pima Association ofGovernments on May 28, 2009, and adopted and submitted by the Arizona Department ofEnvironmental Quality onJune 22, 2009.
[FRDoc. E9-30134 Filed 12-18-09; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52 [EPA-R09-OAR-2009-0818; FRL-9087-3]

Revisionstothe California State Implementation Plan, South Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA). ACTION: Direct finalrule.

SUMMARY: EPA is taking direct final action to approve revisionsto the South Coast Air Quality Management District portion ofthe California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from the application ofadhesives and sealants, cleaning and degassing ofstorage tanks and pipelines, and coating operations of metal containers, closures, and coils. We are approving localrules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAAor the Act).
DATES: This rule is effective on February 19, 2010 without further notice, unless EPA receives adverse comments by January 20, 2010. Ifwe receive such comments, we will publish a timely withdrawal in the FederalRegister to notify the public thatthis direct final rule will not take effect. ADDRESSES: Submit comments, identified by docket number [EPA-R09- OAR-2009-0818], by one ofthe following methods: 1.FederaleRulemakingPortal: http://www.regulations.gov. Follow the on-line instructions.

2. E-mail:steckel.andrew@epa.gov. 3.Mailordeliver:Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.

Instructions: All comments will be included in the public docket without change and maybe made available online at http://www.regulations.gov, including anypersonal information provided, unless the comment includes Confidential Business Information (CBI)

or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an "anonymous access" system, and EPA will not knowyour identity or contact information unlessyou provide itin the body ofyour comment. Ifyou send email directly toEPA, your e-mail address will be automatically captured and included as part ofthe public comment. IfEPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may notbe able to consider your comment. Electronic files should avoid the use ofspecial characters, any form ofencryption, andbe free ofany defects

or viruses.

Docket:The index to thedocket for this action is available electronically at http://www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information maybe publicly available only at the hard copy location (e.g.,copyrighted material), and

some may not be publicly available in either location (e.g., CBI). Toinspect the hard copy materials, please schedule an appointment during normalbusiness hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Nicole Law,EPA Region IX, (415) 947- 4126, law.nicole@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, "we," "us" and "our" refer to EPA.
Table ofContents

I. The State's Submittal

A. What Rules Did the State Submit? 

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