Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations 61037 

(iii) When authorized to transit the 

regulated area, all vessels shall proceed 

at the minimum speed necessary to 

maintain a safe course. 

(d) Enforcement period. This section 

will be enforced annually from 10:30 

a.m. to 2:30 p.m. on the first Saturday 

in November. In 2005 the section will be 

enforced from 9:30 a.m. to 12 p.m. on 

October 29, instead of the first Saturday 

in November. 

Dated: October 11, 2005. 

S. Ratti, 

Captain, U.S. Coast Guard, Commander, Fifth 

Coast Guard District, Acting. 

[FR Doc. 05–21018 Filed 10–19–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 668, 674, 682, and 685 

Federal Student Aid Programs 

(Student Assistance General 

Provisions, Federal Perkins Loan 

Program, Federal Direct Loan Program, 

Federal Family Education Loan 

Program) 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Notice extending the expiration 

date for the waivers and modifications 

of statutory and regulatory provisions 

pursuant to the Higher Education Relief 

Opportunities for Students (HEROES) 

Act of 2003, Public Law 108–76. 

SUMMARY: We extend the expiration date 

for the waivers and modifications of 

statutory and regulatory provisions 

issued by the Secretary pursuant to the 

HEROES Act of 2003 and announced in 

a notice published in the Federal 

Register on December 12, 2003 (68 FR 

69312). 

EFFECTIVE DATE: September 30, 2005. 

The waivers and modifications 

announced in the December 12, 2003 

Federal Register notice expire on 

September 30, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Wendy Macias, Office of Postsecondary 

Education, U.S. Department of 

Education, 1990 K Street, NW., room 

8017, Washington, DC 20006–8544. 

Telephone: (202) 502–7526 or by e-mail: 

wendy.macias@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), you may call 

the Federal Relay Service (FRS) at 1–

800–877–8339. 

Individuals with disabilities may 

obtain this document in an alternative 

format (e.g., Braille, large print, 

audiotape, or computer diskette) on 

request to the program contact person 

listed in this section. 

SUPPLEMENTARY INFORMATION: In 

accordance with the requirements of the 

HEROES Act of 2003, on December 12, 

2003, the Secretary announced in a 

notice published in the Federal 

Register, the waivers or modifications of 

statutory or regulatory provisions that 

were appropriate to assist individuals 

who are applicants and recipients of 

student financial assistance under Title 

IV of the Higher Education Act of 1965, 

as amended (HEA), and who—

• Are serving on active duty during a 

war or other military operation or 

national emergency; 

• Are performing qualifying National 

Guard duty during a war or other 

military operation or national 

emergency; 

• Reside or are employed in an area 

that is declared a disaster area by any 

Federal, State, or local official in 

connection with a national emergency; 

or 

• Suffered direct economic hardship 

as a direct result of a war or other 

military operation or national 

emergency, as determined by the 

Secretary. 

Under the terms of the HEROES Act 

of 2003, these waivers and 

modifications were scheduled to expire 

on September 30, 2005. However, on 

September 30, 2005, the President 

signed into law Pub. L. 109–78, which 

extended the expiration date of the 

HEROES Act of 2003, from September 

30, 2005 to September 30, 2007. As a 

result, we are extending the waivers and 

modifications announced in the 

December 12, 2003, Federal Register 

notice through September 30, 2007. 

Electronic Access to This Document: 

You may view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1–

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.htm1. 

Catalog of Federal Domestic Assistance 

Numbers: 84.007 Federal Supplemental 

Educational Opportunity Grant Program; 

84.032 Federal Family Education Loan 

Program; 84.032 Federal PLUS Program; 

84.033 Federal Work Study Program; 84.038 

Federal Perkins Loan Program; and 84.268 

William D. Ford Federal Direct Loan 

Program. 

Program Authority: 20 U.S.C. 1071, 1082, 

1087a, 1087aa, Pub. L. 108–76, Pub. L. 109–

78. 

Dated: October 14, 2005. 

Sally L. Stroup, 

Assistant Secretary for Postsecondary 

Education. 

[FR Doc. 05–21012 Filed 10–19–05; 8:45 am] 

BILLING CODE 4000–01–P 

POSTAL SERVICE 

39 CFR Part 111 

Address Visibility on Bundles of FlatSize and Irregular Parcel Mail 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: The Postal ServiceTM is 

adopting new mailing standards to 

ensure that address and presort 

information on bundles of flat-size and 

irregular parcel mail remains visible and 

readable during processing. The new 

standards apply only to bundles of 

Periodicals, Standard Mail, and Package 

Services mail intended for processing 

on our Automated Package Processing 

System equipment. 

EFFECTIVE DATE: October 27, 2005. 

FOR FURTHER INFORMATION CONTACT: Bill 

Chatfield, Mailing Standards, U.S. 

Postal Service, at (202) 268–7278 or 

Susan Hawes, Operational 

Requirements and Integration, U.S. 

Postal Service, at (202) 268–8980. 

SUPPLEMENTARY INFORMATION: 

Background 

The Postal Service uses automated 

equipment whenever possible to reduce 

mail processing costs and help maintain 

stable postage rates. Our new 

Automated Package Processing System 

(APPS) for bundles of flat-size and 

irregular parcel mail has optical 

character reader (OCR) technology, 

enabling it to read delivery information 

and process mail more efficiently. APPS 

will replace many of our small parcel 

and bundle sorters. 

We published a proposed rule in the 

Federal Register on September 2, 2004 

(69 FR 53666), concerning address 

visibility on bundles of flat-size and 

irregular parcel mail. Our proposed rule 

included the following changes in 

mailing standards for bundles of 

Periodicals, Standard Mail, and Package 

Services mailpieces intended for 

processing on APPS equipment: 

61038 Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations 

• Address and presort designation 

visibility, 

• The use of optional bundle labels, 

and 

• New bundle height restrictions. 

Comments Received 

We received comments on the 

proposed rule from two publishers, ten 

printers, six mailer associations, six 

letter shops, two mail owners, one 

strapping manufacturer, and one 

individual. Based on these comments, 

we are not implementing new standards 

for the use of optional bundle labels or 

bundle height restrictions. Instead, our 

revised standards require the complete 

address on the top piece of each bundle 

to be visible and readable by the naked 

eye through the shrinkwrap or clear 

strapping. 

Comments on Bundle-Securing 

Materials 

Several comments indicated a need to 

clarify our ‘‘recommendations’’ versus 

‘‘requirements.’’ Our proposal 

recommended the use of polywrap or 

strapping with a level of haze showing 

less than 70 percent. The haze 

specification is meant as a helpful 

guideline for mailers and is a 

recommendation, not a requirement. 

Two comments were concerned with 

the cost and availability of clear 

strapping materials. Clear, smooth 

strapping is currently available in the 

marketplace. Using these materials may 

be the most effective way to comply 

with the new standard. Because mailers 

may need time to use up their stock of 

current materials and modify their 

processes, the mandatory compliance 

date is April 30, 2006—approximately 

six months after we publish the revised 

standards in Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM). 

Comments on APPS and Address 

Visibility 

We received several comments 

suggesting a lack of data on the causes 

of APPS read failures. Our tests of APPS 

equipment revealed the three most 

significant causes of unreadable 

addresses: strapping obscuring 

addresses, shrinkwrap seams obscuring 

addresses, and poor bundle integrity. 

This data is the basis for our new 

standards requiring that address and 

presort information on bundles be 

‘‘visible and readable by the naked eye.’’

Several comments sought clarification 

about what address and presort 

elements APPS must read. To sort a 

bundle, APPS must read the delivery 

address information, as well as the 

optional endorsement line (OEL) or the 

bundle label. 

One comment expressed concern that 

the ‘‘visible and readable by the naked 

eye’’ standard is unsuitable for APPS 

readability. Generally, APPS can read 

addresses not obstructed by bundling 

materials. However, if APPS cannot read 

all the elements needed to sort a bundle, 

an employee at a remote encoding 

center should be able to read the 

address and presort marking if they 

meet the new standard, allowing us to 

sort the bundle within the APPS 

process. 

Comments on Alternatives to the 

Visibility Standard 

Two comments asked us to explore 

alternative solutions for address 

visibility. One association 

recommended the application of the ‘‘4- 

state barcode’’ as a substitute for a 

visible and readable address. Although 

there are many potential benefits of the 

4-state barcode, a visible and readable 

address is necessary for efficient mail 

processing and delivery. One letter shop 

asked for alternatives to clear, smooth 

strapping. As an alternative, mailers 

may place the address in a quadrant of 

the mailpiece not obscured by 

strapping. 

Comments About Verification and 

Acceptance 

We received several comments about 

verification and acceptance of bundles 

processed on APPS. We will incorporate 

verification for address visibility into 

our current acceptance procedures. For 

the first six months after we publish the 

new standards, we will provide 

feedback at acceptance and by using 

eMIR (Electronic Mail Improvement 

Report). We will not assess additional 

postage for readability failures until 

April 30, 2006. 

Comments About Increased Costs and 

Incentives for Compliance 

We received many comments 

concerning the potential increased costs 

to mailers to meet the new standards. 

Several comments recommended that 

we establish an industry workgroup to 

develop alternative solutions. We held 

several meetings with industry 

representatives to carefully consider 

comments and develop alternative 

solutions. We designed our final rule to 

minimize cost burdens by excluding 

new standards for plastic strapping or 

shrinkwrap or for an optional bundle 

label. 

We received five comments 

suggesting that we provide incentives to 

comply with the new standards. These 

comments are outside of the scope of 

this rule. 

Other Comments 

Two comments discussed a 

certification process. One printer 

opposed a shrinkwrap certification 

process, and one letter shop suggested 

using the APPS optical system to test for 

certification. We will not adopt a 

certification requirement. However, 

mailers may request testing of their 

clear, embossed strapping by contacting 

USPS Engineering (see DMM 608.8.0 for 

contact information). Tests have 

demonstrated that clear, smooth 

strapping does not obstruct readability. 

One mailer association advocated the 

use of a modified label carrier, and 

another comment concerned the use of 

facing slips. One publisher said the new 

standards could affect preparation and 

addressing for cover wraps, attached 

mail, and similar items. It is not our 

intent to restrict creativity or marketing 

options for mail owners; we simply 

need to read the address and presort 

information on bundles to efficiently 

sort and deliver the mail. 

One association recommended that 

we let mailers use their own methods to 

satisfy the APPS requirements. The 

same association recommended a 

thorough review of the technical 

standards for polywrap and banding. 

We are not imposing specific technical 

standards for polywrap and banding. 

Comments About the Implementation 

Date 

Five comments stated that mailers 

were not ready or could not comply 

with the proposed standards, and six 

other comments did not agree with the 

proposed effective date. We understand 

that mailers need time to comply with 

the new standards. For the first six 

months after publication of the new 

standards, we will notify mailers about 

related problems and work with them to 

improve readability of their address and 

presort information. During this time, 

we will not assess any additional 

postage on mailings that do not comply. 

Recommendations Related to the Basic 

Requirement 

We recommend that strapping used 

for bundling be clear, smooth, and have 

less than 70 percent haze in accordance 

with the American Society for Testing 

and Materials (ASTM) standard D1003. 

Clear, smooth strapping that is tightly 

secured around the bundle does not 

obstruct visibility. Strapping should not 

contain any seams or texture marks that 

obscure address characters. We 

recommend that any shrinkwrap used to 

secure bundles show less than 70 

Federal Register / Vol. 70, No. 202 / Thursday, October 20, 2005 / Rules and Regulations 61039 

percent haze after shrinkage. Seams, 

blisters, wrinkles or other protrusions 

on shrinkwrap material should not 

obscure addresses on the top pieces of 

bundles. We also recommend that any 

bundle with multiple layers of bundling 

materials show less than 70 percent 

haze through all combined layers. We 

encourage mailers to use USPS 

Publication 177, Guidelines for 

Optimizing Readability of Flat-Size 

Mail. 

Summary of the New Standard 

Mailers preparing presort bundles 

must make the delivery address 

information and any presort label or 

optional endorsement line visible and 

readable by the naked eye. The new 

standard applies to mail processed on 

APPS equipment. The requirements do 

not apply to: 

• Letter-size mailpieces, 

• First-Class Mail flat-size pieces or 

parcels, 

• Mail placed in or on 5-digit or 5- 

digit scheme sacks or pallets, 

• Mail placed in carrier route or 5- 

digit carrier routes sacks, 

• Carrier route mail entered at a 

destination delivery unit, 

• Standard Mail flat-size pieces 

prepared in letter trays under DMM 

345.3.4, and 

• Customized MarketMail. 

Effective Date 

We are revising these standards on 

October 27, 2005. Recognizing that the 

mailing industry may have to change 

some procedures to ensure address 

visibility, we will allow a six-month 

grace period for compliance. We will 

not assess penalties on bundles not 

meeting the standards until April 30, 

2006. Until April 30, 2006, acceptance 

employees will randomly examine 

bundles for address visibility. We will 

provide feedback to mailers at 

acceptance and via eMIR from 

destination sites. We also will work 

closely with mailers to improve address 

readability on their bundles. 

List of Subjects in 39 CFR Part 111 

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, 414, 416, 3001–3011, 3201–

3219, 3403–3406, 3621, 3626, 5001. 

■ 2. Amend Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM) as listed below: 

300 Discount Mail Flats 

* * * * * 

340 Standard Mail 

* * * * * 

345 Mail Preparation 

* * * * * 

2.0 Bundles 

* * * * * 

[Renumber current 2.2 through 2.13 as 

new 2.3 through 2.14. Add new 2.2, 

‘‘Address Visibility,’’ and revise new 

2.11, as explained below. Make these 

same changes to 445.2.0 (for Standard 

Mail parcels), 365.2.0 and 465.2.0 (for 

Bound Printed Matter flats and parcels), 

375.2.0 and 475.2.0 (for Media Mail flats 

and parcels), 385.2.0 and 485.2.0 (for 

Library Mail flats and parcels), 705.8.5 

(for bundles on pallets), and 707.19 (for 

Periodicals). Exception: Do not repeat 

items a through e for Media Mail or 

Library Mail; do not repeat items a and 

e for Bound Printed Matter and 

Periodicals.] 

2.2 Address Visibility 

Mailers preparing presort bundles 

must ensure that the delivery address 

information on the top mailpiece in 

each bundle is visible and readable by 

the naked eye. Mailers using strapping 

that might cover the address can avoid 

obstructing visibility by using clear, 

smooth strapping tightly secured around 

the bundle. Mailers using barcoded 

pressure-sensitive bundle labels, 

optional endorsement lines, carrier 

route information lines, or carrier route 

facing slips also must ensure that the 

information in these presort 

designations is visible and readable by 

the naked eye. This standard does not 

apply to the following: 

a. Customized MarketMail. 

b. Bundles placed in or on 5-digit or 

5-digit scheme (L001) sacks or pallets. 

c. Bundles placed in carrier route and 

5-digit carrier routes sacks. 

d. Bundles of mailpieces at carrier 

route rates entered at a destination 

delivery unit (DDU). 

e. Bundles of Standard Mail flat-size 

pieces prepared in letter trays under 

345.3.4. 

* * * * * 

2.11 Labeling Bundles 

[Replace the third sentence in 2.11 with 

the following two sentences to clarify 

that the bundle label must not obscure 

the delivery address.] 

* * * Barcoded pressure-sensitive 

bundle labels must not obscure the 

delivery address block. Banding or 

shrinkwrap must not obscure any 

bundle label. * * * 

* * * * * 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. 05–20924 Filed 10–19–05; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 35 

[FRL–7983–7] 

Guidance on Fees Charged by States 

to Recipients of Clean Water State 

Revolving Fund Program Assistance 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final guidance. 

SUMMARY: Title VI of the Clean Water 

Act (CWA) Amendments of 1987 

provides flexibility for States to use four 

percent of all capitalization grant 

awards for the reasonable costs of 

administering their Clean Water State 

Revolving Fund (CWSRF) programs. 

Because many States have CWSRF 

administrative costs which exceed the 

four percent limit, the U.S. 

Environmental Protection Agency (EPA) 

has allowed States to charge fees on 

CWSRF loans. This guidance addresses 

the use of fees that are charged on loans 

and included as principal in loans and 

the use of fees that are charged on loans 

but not included as principal in loans. 

These requirements will be included as 

terms and conditions in all future grant 

agreements (or operating agreements). 

DATES: This guidance is effective 

October 20, 2005. 

FOR FURTHER INFORMATION CONTACT: For 

technical inquiries, contact Kit Farber, 

State Revolving Fund Branch, 

Municipal Support Division, Office of 

Wastewater Management (MC–4204M), 

U.S. Environmental Protection Agency, 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460. The telephone 

number is (202) 564–0601 and the email address is farber.kit@epa.gov. 

Copies of this document can be 

obtained from EPA’s Office of 

Wastewater Management Web site at 

http://www.epa.gov/owm/cwfinance/ 

cwsrf. 

SUPPLEMENTARY INFORMATION: 

Background 

The CWA authorizes States to charge 

interest on loans under the CWSRF 

program. At their discretion, States may 

provide loans at or below market