### 62002 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Proposed Rules

signature required box is selected, an image of the signature will be provided when accessing delivery information.
* * * * * 3.0 Express Mail Custom Designed

* * * * *

[Revise the title and text of 3.2 as follows:] 3.2 Signature Required

The addressee’s (or agent’s) signature is required for all Express Mail Custom Designed service.
* * * * * 500 Additional Mailing Services

503 Extra Services 1.0 Extra Services for Express Mail
1.1 Available Services

* * * * *

1.1.6 COD

[Revise 1.1.6 by adding a new last sentence as follows:]

* * * A signature is required for COD service. 1.1.7 Insurance and Indemnity

Express Mail is insured against loss, damage, or missing contents, subject to these standards:
* * * * *

[Revise item 1.1.7b as follows:] b. All Express Mail signed for by the addressee or the addressee’s agent constitutes a valid delivery, and no indemnity for loss is paid. For Express Mail items not requiring a signature, a delivered scan event constitutes a valid delivery, and no indemnity for loss is paid.
* * * * *

1.1.8 Additional Insurance

[Revise the last sentence of 1.1.8 as follows:] * * * When ‘‘signature required’’ service is not requested, or when ‘‘waiver of signature’’ is requested additional insurance is not available.
* * * * * 12.0 Collect on Delivery (COD)

* * * * *

12.2 Basic Information

* * * * * 12.2.5 Express Mail COD

[Revise the first sentence of 12.2.5 as follows:]

Any article sent COD also may be sent by Express Mail next day and second day service when a signature is requested. * * *
* * * * * 600 Basic Standards for All Mailing Services 601 Mailability

* * * * * 11.0 Cigarettes and Smokeless Tobacco

* * * * * 11.5 Exception for Business/ Regulatory Purposes

* * * * * 11.5.2 Mailing

* * * All mailings under the business/regulatory purposes exception
must:

[Revise item 11.5.2a as follows:] a. Be entered in a face-to-face transaction with a postal employee as Express Mail with Hold For Pickup service (carrier pickup services not permitted);
* * * * * 11.6 Exception for Certain Individuals

* * * * * 11.6.2 Mailing

No customer may send or cause to be sent more than 10 mailings under this exception in any 30-day period. Each mailing under the certain individuals exception must:

[Revise item 11.6.2a as follows:] a. Be entered as Express Mail with an Adult Signature extra service (see 503.8.0), or Express Mail with Hold For Pickup service (carrier pickup services not permitted); unless shipped to APO/ FPO/DPO addresses under 11.6.4.
* * * * * 11.7 Consumer Testing Exception

* * * * * 11.7.2 Mailing

* * * Mailings must be tendered under the following conditions:
* * * * *

b. All mailings under the consumer testing exception:

[Revise 11.7.2b1 as follows:] 1. Must be entered in face-to-face transactions with postal employees as Express Mail with Hold For Pickup service requested (carrier pickup services not permitted);
* * * * * 604 Postage Payment Methods

* * * * * 9.0 Refunds and Exchanges

* * * * * 9.5 Express Mail Postage Refund

* * * * * 9.5.2 Conditions for Refund [Revise 9.5.2 to change the refund request days from 90 to 30 days, and consolidate the text in the introductory paragraph and items a and b as follows:]

A postage refund request must be made within 30 days after the date of mailing. Except as provided in 114.2.0, 214.3.0, 314.3.0, and 414.3.0 a mailer may file for a postage refund only if the item was not delivered, delivery was not attempted, or if the item was not made available for claim by the delivery date and time specified at the time of mailing.

9.5.3 Refunds Not Given

[Revise the DMM references in 9.5.3 to include 214.3.0 and 314.3.0 as follows:]

A postage refund will not be given if the guaranteed service was not provided due to any of the circumstances in 114.2.0, 214.3.0, 314.3.0, and 414.3.0.
* * * * * 700 Special Standards 703 Nonprofit Standard Mail and Other Unique Eligibility

* * * * * 2.0 Overseas Military Mail

* * * * * 2.6 Express Mail Military Service (EMMS)

* * * * *

[Revise the title and text of 2.6.10 as follows:]

2.6.10 Signature Required

A signature is required for Express Mail Military Service.
* * * * *

We will publish an appropriate amendment to 39 CFR part 111 to reflect these changes if our proposal is adopted.
Stanley F. Mires, Attorney, Legal Policy and Legislative Advice.
[FR Doc. 2011–25803 Filed 10–5–11; 8:45 am]

**BILLING CODE 7710–12–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R09–OAR–2011–0761; FRL–9475–9]**

**Revisions to the California State Implementation Plan** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.


### 62003 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Proposed Rules

**SUMMARY :**  EPA is proposing to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from Motor Vehicle and Mobile Equipment Coating Operations and Adhesives and Sealants. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

**DATES :**  Any comments must arrive by November 7, 2011.

**ADDRESSES :**  Submit comments, identified by docket number EPA–R09– OAR–2011–0356, by one of the following methods:

1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions.

2. E-mail: steckel.andrew@epa.gov. 3. Mail or deliver: 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 may be made available online at http://www.regulations.gov, including any personal 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 know your identity or contact information unless you provide it in thebody of your comment. If you send email directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. 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.

Docket: The docket 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 at http://www.regulations.gov, some information may be 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). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the **FOR FURTHER INFORMATION CONTACT**  section.

**FOR FURTHER INFORMATION CONTACT :**  Adrianne Borgia, EPA Region IX, (415) 972–3576, borgia.adrianne@epa.gov.

**SUPPLEMENTARY INFORMATION :**  Throughout this document, we, us and our refer to EPA.

Table of Contents

I. The State’s Submittal

A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted

rules? II. EPA’s Evaluation and Action

How is EPA evaluating the rules? A. Do the rules meet the evaluation

criteria? B. EPA Recommendations to Further

Improve the Rules C. Public Comment and Final Action III. Statutory and Executive Order Reviews
I. The State’s Submittal

A. What rules did the State submit?

Table 1 lists the rules addressed by this proposal with the dates that they were adopted by local air agencies and submitted by the California Air Resources Board (CARB).



### TABLE 

### 1—S UBMITTED 

### R ULES

Local Rule Rule title Amended Submitted

SJVUAPCD ............................. 4612 Motor Vehicle and Mobile Equipment Coating Operations .... 10/21/10 4/5/11 SJVUAPCD ............................. 4653 Adhesives and Sealants ......................................................... 9/16/1 0 4/5/11

On 5/6/2011, these rule submittals were found to meet the completeness criteria in 40 CFR Part 51 Appendix V, which must be met before formal EPA review. B. Are there other versions of these rules?

We approved a version of SJVUAPCD Rule 4612 into the SIP on 1/19/2010. We approved a version of SJVUAPCD Rule 4653 into the SIP on 10/15/2009. C. What is the purpose of the submitted rules?

VOCs help produce ground-level ozone and smog, which harm human health and the environment. Section 110(a) of the CAA requires states to submit regulations that control VOC emissions. In general, these rules control the VOC emissions by limiting the VOCs of commercial coatings and solvents.

SJVUAPCD Rule 4612 is revised to implement RACT requirements as recommended in the California Air Resources Board’s (CARB) Suggested Control Measure (SCM) titled, ‘‘Suggested Control Measure for Automotive Coatings.’’

SJVUAPCD Rule 4653 is revised to implement RACT requirements as recommended in the CTG, ‘‘Control Techniques Guidelines for Miscellaneous Industrial Adhesives’’, EPA–453/R–08–005 and CARB’s RACT/ BARCT guidance titled, ‘‘Determination of Reasonably Available Control Technology and Best Available Retrofit Control Technology for Adhesives and Sealants.’’

SJVUAPCD’s 2009 RACT SIP Demonstration (April 16, 2009) was used to help evaluate the RACT requirements for both rules.

EPA’s technical support documents (TSDs) have more information about these rules. II. EPA’s Evaluation and Action A. How is EPA evaluating the rules?

Generally, SIP rules must be enforceable (see section 110(a) of the Act), must require Reasonably Available Control Technology (RACT) for each category of sources covered by a Control Techniques Guidelines (CTG) document as well as each major source in nonattainment areas (see section 182(a)(2)), and must not relax existing requirements (see sections 110(l) and 193). The SJVUAPCD regulates an ozone nonattainment area (see 40 CFR part 81), so Rules 4602 and 4603 must fulfill RACT.

Guidance and policy documents that we used to help evaluate enforceability and RACT requirements consistently include the following:

1. Portions of the proposed post-1987 ozone and carbon monoxide policy that concern RACT, 52 FR 45044, November 24, 1987.


### 62004 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Proposed Rules

2. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988 (the Bluebook).

3. Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001 (the Little Bluebook).

4. CARB’s Suggested Control Measure (SCM) titled, ‘‘Suggested Control Measure for Automotive Coatings.’’ October 20, 2005.

5. Control Techniques Guideline (CTG) for ‘‘Miscellaneous Industrial Adhesives’’, EPA–453/R–08–005, September 2008.

6. CARB’s RACT/Best Available Retrofit Control Technology (BARCT) guidance titled, ‘‘Determination of Reasonably Available Control Technology and Best Available Retrofit Control Technology for Adhesives and Sealants,’’ December 1998.

B. Do the rules meet the evaluation criteria?

We believe these rules are consistent with the relevant policy and guidance regarding enforceability, RACT, and SIP relaxations. The TSDs have more information on our evaluation.

C. EPA Recommendations to Further Improve the Rules

The TSDs describe additional rule revisions that do not affect EPA’s current action but are recommended for the next time the local agency modifies the rules.

D. Public Comment and Final Action

Because EPA believes the submitted rules fulfill all relevant requirements, we are proposing to fully approve them as described in section 110(k)(3) of the Act. We will accept comments from the public on this proposal for the next 30 days. Unless we receive convincing new information during the comment period, we intend to publish a final approval action that will incorporate these rules into the federally enforceable SIP. III. 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 disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, these rules do 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, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compound.

Authority: 42 U.S.C. 7401 et seq. Dated: September 28, 2011. Keith Takata, Acting Regional Administrator, Region IX.
[FR Doc. 2011–25879 Filed 10–5–11; 8:45 am]

**BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION**  **AGENCY**

**40 CFR Part 52**
**[EPA–R09–OAR–2011–0800; FRL–9476–1]**

**Revisions to the California State Implementation Plan, California Air**  **Resources Board—Consumer Products** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA is proposing to approve revisions to the California Air Resources Board portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from consumer products. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.

**DATES :**  Any comments must arrive by November 7, 2011.

**ADDRESSES :**  Submit comments, identified by docket number EPA–R09– OAR–2011–0800, by one of the following methods:

1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions.

2. E-mail: steckel.andrew@epa.gov. 3. Mail or deliver: 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 may be made available online at http://www.regulations.gov, including any personal 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 know your identity or contact information unless you provide it in thebody of your comment. If you send email directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. 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.

Docket: Generally, documents in the docket for this action are available