Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 57237 

§ 411.587 [Removed] 

59. Remove § 411.587. 

60. In § 411.590, revise paragraph (d) 

to read as follows: 

§ 411.590 What can an EN do if the EN 

disagrees with our decision on a payment 

request? 

* * * * * 

(d) Determinations or decisions we 

make about a beneficiary’s right to 

benefits may cause payments we have 

already made to an EN (or denial of 

payment to an EN) to be incorrect, 

resulting in an underpayment or 

overpayment to the EN. If this happens, 

we will make any necessary adjustments 

to the payments (see § 411.555). (See 

§ 411.555(c) for when we will not make 

an adjustment in a case in which an 

overpayment results from a 

determination or decision we make 

about a beneficiary’s right to benefits.) 

While an EN cannot appeal our 

determination about an individual’s 

right to benefits, the EN may furnish any 

evidence the EN has which relates to the 

issue(s) to be decided on appeal if the 

individual appeals our determination. 

[FR Doc. 05–19530 Filed 9–29–05; 8:45 am] 

BILLING CODE 4191–02–P 

POSTAL SERVICE 

39 CFR Part 111 

New Preparation Requirements for 

Bundles of Mail on Pallets 

AGENCY: Postal Service. 

ACTION: Proposed rule. 

SUMMARY: The Postal Service TM is 

seeking comments on a proposal that 

would affect mailers who prepare 

bundles of Periodicals, Standard Mail, 

and Package Services flat-size mail or 

irregular parcels on pallets. The 

proposal would not affect mailers who 

prepare sacks, unbundled parcels, or 

trays on pallets. 

Currently, mailers who prepare 

bundles of flat-size mail or bundles of 

irregular parcels on pallets must prepare 

a pallet if the mailing contains 500 or 

more pounds of bundles for a required 

sortation level. (‘‘Sortation level’’ refers 

to the distribution or separation of mail 

by ZIP Codes, range of ZIP Codes, or 

carrier route.) After all required pallets 

are prepared, mailers must place any 

remaining bundles in sacks. 

Under this proposal, before placing 

any bundles in sacks, if there are 250 or 

more pounds of bundles addressed 

within the ZIP Code range for an area 

distribution center (ADC) or a bulk mail 

center/auxiliary service facility (BMC/ 

ASF), mailers must prepare the ADC 

pallet (for Periodicals) or the BMC/ASF 

pallet (for Standard Mail and Package 

Services). If a mailing does not contain 

any ADC or BMC/ASF pallets—for 

example, the mailer has set the presort 

software to stop at the sectional center 

facility (SCF) level—but there are 250 or 

more pounds for an SCF, the mailer 

must prepare the SCF pallet. 

DATES: We must receive comments on or 

before October 31, 2005. 

ADDRESSES: Mail or deliver comments to 

the Manager, Mailing Standards, U.S. 

Postal Service, 475 L’Enfant Plaza, SW., 

Rm. 3436, Washington, DC 20260–3436. 

You may inspect and photocopy all 

written comments between 9 a.m. and 4 

p.m., Monday through Friday, at USPS 

Headquarters Library, 11th Floor North, 

475 L’Enfant Plaza, SW., Washington, 

DC 20260. 

FOR FURTHER INFORMATION CONTACT: Julia 

Carroll at 202–268–2108 or 

Julia.Carroll@usps.gov. 

SUPPLEMENTARY INFORMATION: The Postal 

Service TM is finding ways to process 

mail more efficiently, thereby improving 

service to our customers and reducing 

costs. 

Bundles of flat-size mailpieces or 

bundles of irregular parcels prepared on 

pallets are easier and generally less 

costly for us to handle than bundles in 

sacks. When customers present mail in 

sacks, the sacks must be opened and the 

contents unloaded before processing on 

our automated sorting equipment. In 

addition, we have found that bundles on 

pallets maintain their integrity to a 

greater degree than bundles in sacks. 

This proposal would help increase the 

volume of mail on pallets by revising 

the standards for required pallet 

preparation. 

Mailing Standards of the United 

States Postal Service, Domestic Mail 

Manual (DMM) 705.8.5.2 provides 

required pallet preparation for 

Periodicals, Standard Mail, and Package 

Services mail (except specified discount 

rate Parcel Post). DMM 705.8.5.2a 

requires mailers who prepare bundles of 

flat-size mail or bundles of irregular 

parcels on pallets to prepare a pallet to 

a required sortation level if a mailing 

contains 500 or more pounds of 

bundles. Additional standards in DMM 

705.8.9.1 require these mailers to place 

in sacks any bundles that cannot go on 

one of the required pallets. 

Under this proposal, after preparing 

all other required pallets at the 500- 

pound required minimum, mailers who 

prepare bundles of flat-size mailpieces 

or bundles of irregular parcels on pallets 

must prepare additional pallets, under 

the following conditions: 

• If 250 or more pounds of bundles 

remain for an ADC (for Periodicals) or 

for a BMC/ASF (for Standard Mail and 

Package Services), mailers must prepare 

the ADC or BMC/ASF pallet(s), as 

applicable for the class of mail. 

• If there are no ADC or BMC/ASF 

pallets in a mailing—for example, if a 

mailer’s presort software is set to stop at 

the SCF level—and 250 or more pounds 

remain for an SCF, mailers must prepare 

the SCF pallet. 

We are proposing an effective date of 

March 1, 2006, for mailers to begin 

mailing under the revised standards. 

In addition to the above changes, we 

also are removing text in 705.8.5.2 about 

labeling pallets and optional bundle 

reallocation, because we cover these 

topics in detail elsewhere in the DMM. 

Although we are exempt from the 

notice and comment requirements of the 

Administrative Procedure Act [5 U.S. C. 

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. 

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 Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM), as follows: 

700 Special Standards 

* * * * * 

705 Advanced Preparation and 

Special Postage Payment Systems 

* * * * * 

8.0 PREPARATION FOR PALLETS 

* * * * * 

8.5 General Preparation 

* * * * * 

8.5.2 Required Preparation 

[Revise 8.5.2 to require ADC, BMC/ 

ASF, or SCF pallets at 250 pounds of 

bundles, as follows:] 

The following standards apply to 

Periodicals, Standard Mail, and Package 

Services mail, except Parcel Post mailed 

at BMC Presort (8.17), OBMC Presort 

(8.18), DSCF (8.19, 8.20), and DDU rates 

(8.21). 

57238 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules 

a. Mailers must prepare a pallet to the 

required sortation level(s) for the class 

of mail when a mailing contains 500 or 

more pounds of bundles, sacks, or 

parcels or 72 linear feet or six layers of 

letter trays for the destination. 

b. For bundles of flat-size mailpieces 

or bundles of irregular parcels on 

pallets, after all possible pallets are 

prepared under 8.5.2a, when 250 or 

more pounds of bundles remain for an 

ADC (Periodicals) or for a BMC/ASF 

(Standard Mail and Package Services), 

the ADC or BMC/ASF pallet must be 

prepared as applicable for the class of 

mail. Exception: If there are no ADC or 

BMC/ASF pallets in a mailing (e.g., if 

the presort software is set to stop at the 

SCF level) and 250 or more pounds 

remain for an SCF, prepare the SCF 

pallet. 

c. If bundles remain that cannot be 

prepared on an ADC, BMC/ASF, or SCF 

pallet, place those bundles in sacks 

(8.9.1). 

* * * * * 

If we implement this proposal, we 

will publish an appropriate amendment 

to 39 CFR to reflect these changes. 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. 05–19531 Filed 9–29–05; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[R03–OAR–2005–VA–0007; FRL–7977–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Redesignation of the City of 

Fredericksburg, Spotsylvania County, 

and Stafford County Ozone 

Nonattainment Area to Attainment and 

Approval of the Area’s Maintenance 

Plan; Withdrawal of Proposed Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of proposed rule. 

SUMMARY: EPA is withdrawing the 

proposed rule published on September 

12, 2005 which proposed approval of a 

redesignation request and maintenance 

plan submitted by the Commonwealth 

of Virginia for the City of 

Fredericksburg, Spotsylvania County, 

and Stafford County (the Fredericksburg 

area). The Fredericksburg area is 

currently designated nonattainment for 

the eight-hour ozone national ambient 

air quality standard (NAAQS). It is 

EPA’s intent to publish a proposed rule 

in the near future which will re-propose 

approval of the redesignation of the 

Fredericksburg area and the associated 

maintenance plan, and provide an 

expanded discussion as to why the 

redesignation request for this area is 

approvable under the Clean Air Act. 

DATES: The September 12, 2005 

proposed rule published at 70 FR 53746 

is withdrawn as of September 30, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Amy Caprio, (215) 814–2156, or by email at caprio.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 23, 2005. 

Thomas Voltaggio, 

Acting Regional Administrator, Region III. 

[FR Doc. 05–19616 Filed 9–29–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[FRL–7977–3] 

Montana: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA proposes to grant 

Final authorization to the hazardous 

waste program changes submitted by 

Montana. In the ‘‘Rules’’ section of this 

Federal Register, we are authorizing the 

State’s program changes as an 

immediate final rule without a prior 

proposed rule because we believe this 

action is not controversial. Unless we 

get written comments opposing this 

authorization during the comment 

period, the immediate final rule will 

become effective and the Agency will 

not take further action on this proposal. 

If we receive comments that oppose this 

action, we will publish a document in 

the Federal Register withdrawing this 

rule before it takes effect. EPA will 

address public comments in a later final 

rule based on this proposal. EPA may 

not provide further opportunity for 

comment. Any parties interested in 

commenting on this action must do so 

at this time. 

DATES: We must receive your comments 

by October 31, 2005. 

ADDRESSES: Submit your comments by 

one of the following methods: 1. Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 2. 

E-mail: shurr.kris@epa.gov. 3. Mail: Kris 

Shurr, 8P–HW, U.S. EPA, Region 8, 999 

18th St., Ste. 300, Denver, Colorado 

80202–2466, phone number: (303) 312–

6139. 4. Hand Delivery or Courier: To 

Kris Shurr, 8P–HW, U.S. EPA, Region 8, 

999 18th St., Ste. 300, Denver, Colorado 

80202–2466, phone number: (303) 312–

6139. 

Instructions: Do not submit 

information that you consider to be 

Confidential Business Information (CBI) 

or information that should be otherwise 

protected from disclosure through 

regulations.gov, or e-mail. The Federal 

regulations.gov Web site 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 

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. 

You can view and copy Montana’s 

application at the following addresses: 

MDEQ from 9 a.m.to 4 p.m., 1520 E 6th 

Ave., Helena, MT 59620–0901, contact: 

Bob Martin, phone number (406) 444–

4194 and EPA Region 8, from 8 a.m. to 

3 p.m., 999 18th Street, Suite 300, 

Denver, CO 80202–2466, contact: Kris 

Shurr, phone number: (303) 312–6139, 

e-mail: shurr.kris@epa.gov. 

FOR FURTHER INFORMATION CONTACT: Kris 

Shurr, EPA Region 8, 999 18th Street, 

Suite 300, Denver, Colorado 80202–

2466, phone number: (303) 312–6139, 

e-mail: shurr.kris@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information, please see the 

immediate final rule published in the 

‘‘Rules’’ section of this Federal Register.