30064 Federal Register / Vol. 66, No. 108 / Tuesday, June 5, 2001 / Rules and Regulations

piers) either above or below the locks,

no other vessel will be released from the

locks in the direction of the approaching

tank vessel, unless the tank vessel is

certified gas free or is carrying noncombustible products, until the tank

vessel is within the lock chamber or

securely moored to the approach pier.

Whenever a tank vessel is within a Soo

Lock Chamber, the tank vessel, unless

certified gas free or is carrying noncombustible products, will not be

released from the lock until the channel

within the limits of the lock piers either

above or below the lock, in the direction

of the tank vessel, is clear of vessels or

vessels therein are securely moored to

the approach pier. This limits

movement to a single vessel whenever

a tank vessel is within the limits of the

lock piers either above or below the

locks, unless the tank vessel is certified

gas free or is carrying non-combustible

products. Tank vessels to which this

paragraph (b)(4)(ii) applies include

those vessels carrying fuel oil, gasoline,

crude oil or other flammable liquids in

bulk, including vessels that are not

certified gas free where the previous

cargo was one of these liquids.

(iii) Locks park. Except as provided in

paragraph (b)(5) of this section, tankers

with any type cargo will be permitted to

transit the MacArthur Lock when the

locks park is closed. The exact dates and

times that the park is closed varies, but

generally these periods are from

midnight to 6 a.m. June through

September with one or two hour closure

extensions in the early and late seasons.

Tankers carrying non-combustible

products that will not react hazardously

with water or tankers that have been

purged of gas or hazardous fumes and

certified gas free will be allowed to

transit the MacArthur Lock when the

park is open.

(5) Carrying explosives. All vessels,

except U.S. vessels of war and public

vessels as defined in 46 U.S.C. 2101,

carrying explosives are prohibited from

transiting the U.S. Locks.

* * * * *

Dated: May 23, 2001.

Alfred H. Foxx,

Colonel, U.S. Army, Executive Director of

Civil Works.

[FR Doc. 01–14023 Filed 6–4–01; 8:45 am]

BILLING CODE 3710–92–P

POSTAL SERVICE

39 CFR Part 111

Eligibility Requirements for

Attachments and Enclosures With

Bound Printed Matter

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: This final rule revises the

Domestic Mail Manual (DMM) to

implement changes to the standards

governing permissible attachments and

enclosures with Bound Printed Matter.

EFFECTIVE DATE: June 14, 2001.

FOR FURTHER INFORMATION CONTACT:

Jerome M. Lease, 703–292–4184.

SUPPLEMENTARY INFORMATION: On March

26, 2001, the Postal Service published a

proposed rule in the Federal Register

(66 FR 16431) soliciting comments

concerning the standards in the

Domestic Mail Manual (DMM)

governing permissible attachments and

enclosures with Bound Printed Matter

(BPM) eligible to be mailed at BPM

rates.

Under current postal standards, the

only attachments and enclosures

authorized to be mailed with qualifying

Bound Printed Matter at BPM rates are

printed matter mailable as Standard

Mail and merchandise samples meeting

prescribed conditions. The proposed

change would rescind the provision

concerning merchandise samples. In its

place, the Postal Service proposed the

inclusion of ‘‘nonprint’’ attachments

and enclosures so long as the amount of

the attachments and enclosures is

relatively modest compared to the

amount of qualifying Bound Printed

Matter and each has minimal value. In

each case, objective standards were

proposed for application of the tests.

That is, the proposed rule allows for the

inclusion of nonprint attachments and

enclosures so long as the combined

weight of all nonprint attachments and

enclosures in the mailpiece is less than

or equal to 25 percent of the weight of

the Bound Printed Matter in the

mailpiece. In addition, the individual

cost of each nonprint attachment or

enclosure must be less than or equal to

the cost of a ‘‘low-cost’’ item as defined

in DMM E670.5.11, and the combined

cost of all nonprint attachments and

enclosures may not exceed two times

the cost of a low-cost item as defined in

DMM E670.5.11. The ‘‘low-cost’’

amount for calendar year 2001 is $7.60

and this amount is adjusted for inflation

annually by the Internal Revenue

Service. For purposes of this test, ‘‘cost’’

is the actual cost to the mailer for the

item, rather than the price for which it

sells the item, represented value, market

value, or other amount.

In sum, some of the nonprint

attachments and enclosures permitted

with Bound Printed Matter under the

current standard would also be

permissible under the new standard,

while some of these attachments and

enclosures would not be permitted

under the new standard. In addition,

some matter not permitted as

attachments and enclosures under the

current standard would be permissible

under the new standard.

The Postal Service received 23

comments in response to the proposal.

Twenty-two comments supported the

proposal to replace the current standard

with an objective standard based on the

weight and value of attachments and

enclosures. A number of these

comments stated that the objective

standards would be easier for mailers

and postal personnel to understand and

use, and thus would facilitate the

preparation of mailings and acceptance

of mail. Some comments also noted that

efforts to revise standards in this

manner are appropriate in view of the

changes taking place in the publishing

industry. Of the 22 favorable comments,

18 fully supported the proposed weight

and value standards. Three commenters

requested that the weight limit on

nonprint attachments and enclosures be

increased from 25 percent to 50 percent

and one commenter requested that the

limit be increased from 25 percent to 49

percent.

The Postal Service has given

consideration to these requests to

increase the weight of nonprint

attachments and enclosures. However,

the Postal Service is mindful that Bound

Printed Matter rates are intended for

printed matter. This is not to say that a

modest amount of nonprint attachments

and enclosures should be prohibited,

and indeed some nonprint matter has

been permitted under current standards.

The Postal Service is concerned that

either of these higher ratios proposed by

commenters would serve to cloud the

distinction between bona fide Bound

Printed Matter and other Package

Services mail, such as Parcel Post, or

Standard Mail. Therefore, neither of the

suggested higher weight limits is

adopted in this final rule.

Of the comments supporting the

proposed standards, five comments

sought a specific ruling concerning

‘‘binders’’ as bona fide elements of

Bound Printed Matter. These requests

are beyond the scope of this rulemaking

and are not addressed in this final rule.

The remaining comment, although

taking ‘‘no position on the merits of the

proposed change,’’ suggested that the

Federal Register / Vol. 66, No. 108 / Tuesday, June 5, 2001 / Rules and Regulations 30065

proposal would expand the permissible

attachments and enclosures beyond

those contemplated in the Domestic

Mail Classification Schedule (DMCS),

and would be beyond the authority of

the Postal Service to adopt. The Postal

Service respectfully disagrees. Under

DMCS 544.2, Bound Printed Matter may

contain attachments and enclosures ‘‘as

specified by the Postal Service.’’ The

comment appears to suggest that this

discretion is limited by the additional

phrase ‘‘and as described in subsections

a and e of section 523.1,’’ which

concerns order forms with books and

sound recordings. Under the reading

apparently favored by the commenter,

the permissible attachments and

enclosures under DMCS 544.2 would be

limited to these order forms in

accordance with standards prescribed

by the Postal Service. In contrast, the

Postal Service believes that the two

parts of section 544.2 should be read

independently. That is, the permissible

attachments and enclosures include the

order forms described in 523.1, and, in

addition to that, any other attachment

and enclosure specified by the Postal

Service. Nevertheless, the Postal Service

agrees with the commenter that the

permissible attachments and enclosures

should not be without limits. Indeed, as

explained above, the Postal Service

believes that the amount of nonprint

attachments and enclosures should be

relatively small in comparison to the

qualifying Bound Printed Matter, and

rejected requests that the ratio be

increased beyond the standard

proposed.

After full consideration of the

comments received and for the reasons

discussed above, the Postal Service

adopts, without revisions, the proposed

changes in the Domestic Mail Manual,

which is incorporated by reference in

the Code of Federal Regulations (see 39

CFR part 111).

List of Subjects in 39 CFR Part 111

Administrative practice and

procedure, Postal Service.

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, 3001–3011, 3201–3219, 3403–

3406, 3621, 3626, 5001.

2. Revise Domestic Mail Manual

E712.1.2, as follows:

Domestic Mail Manual

* * * * *

E ELIGIBILITY

* * * * *

E712 Bound Printed Matter

* * * * *

1.0 BASIC STANDARDS

* * * * *

1.2 Enclosures and Attachments

(Revise 1.2 to add new standards for

attachments and enclosures as follows:)

In addition to the basic standards in

E710, BPM may have the following

attachments and enclosures:

a. Any printed matter mailable as

Standard Mail.

b. Nonprint attachments and

enclosures. The combined weight of all

nonprint attachments and enclosures in

the mailpiece must be less than or equal

to 25 percent of the weight of the Bound

Printed Matter in the mailpiece. The

individual cost of each nonprint

attachment or enclosure must be less

than or equal to the cost of a ‘‘low cost’’

item as defined in E670.5.11. In

addition, the combined cost of all

nonprint attachments and enclosures

must not exceed two times the cost of

a ‘‘low cost’’ item as defined in

E670.5.11.

* * * * *

This change will be published in a

future issue of the Domestic Mail

Manual. An appropriate amendment to

39 CFR 111.3 to reflect these changes

will be published.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 01–13973 Filed 6–4–01; 8:45 am]

BILLING CODE 7710–12–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301131; FRL–6782–5]

RIN 2070–AB78

Pyriproxyfen; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes a

tolerance for residues of pyriproxyfen in

or on pistachio. The Interregional

Research Project Number 4 (IR-4)

requested this tolerance under the

Federal Food, Drug, and Cosmetic Act,

as amended by the Food Quality

Protection Act of 1996.

DATES: This regulation is effective June

5, 2001. Objections and requests for

hearings, identified by docket control

number OPP–301131, must be received

by EPA on or before August 6, 2001.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit VI.. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number OPP–301131 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Hoyt Jamerson, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 1200 Pennsylvania Ave.,

NW.,Washington, DC 20460; telephone

number: (703) 308–9368; and e-mail

address: jamerson.hoyt@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be affected by this action if

you are an agricultural producer, food

manufacturer, or pesticide

manufacturer. Potentially affected

categories and entities may include, but

are not limited to:

Categories NAICS

codes

Examples of potentially affected entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Additional

Information, Including Copies of this

Document and Other Related

Documents?

1. Electronically.You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations,’’ ‘‘Regulations

and Proposed Rules,’’ and then look up