Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Proposed Rules 30309 

determination regarding the need for 

restrictions. 

(c) Evaluation of disruptive behavior. 

In making determinations under 

paragraph (b) of this section, the Chief 

of Staff or designee must consider all 

pertinent facts, including any prior 

counseling of the patient regarding his 

or her disruptive behavior or any 

pattern of such behavior, and whether 

the disruptive behavior is a result of the 

patient’s individual fears, preferences, 

or perceived needs. A patient’s 

disruptive behavior must be assessed in 

connection with VA’s duty to provide 

good quality care, including care 

designed to reduce or otherwise 

clinically address the patient’s behavior. 

(d) Restrictions. The restrictions on 

care imposed under this section may 

include but are not limited to: 

(1) Specifying the hours in which 

nonemergent outpatient care will be 

provided; 

(2) Arranging for medical and any 

other services to be provided in a 

particular patient care area (e.g., private 

exam room near an exit); 

(3) Arranging for medical and any 

other services to be provided at a 

specific site of care; 

(4) Specifying the health care 

provider, and related personnel, who 

will be involved with the patient’s care; 

(5) Requiring police escort; or 

(6) Authorizing VA providers to 

terminate an encounter immediately if 

certain behaviors occur. 

(e) Review of restrictions. The patient 

may request the Network Director’s 

review of any order issued under this 

section within 30 days of the effective 

date of the order by submitting a written 

request to the Chief of Staff. The Chief 

of Staff shall forward the order and the 

patient’s request to the Network Director 

for a final decision. The Network 

Director shall issue a final decision on 

this matter within 30 days. VA will 

enforce the order while it is under 

review by the network director. The 

Chief of Staff will provide the patient 

who made the request written notice of 

the Network Director’s final decision. 

Note: Although VA may restrict the time, 

place, and/or manner of care under this 

section, VA will continue to offer the full 

range of needed medical care to which a 

patient is eligible under title 38 of the United 

States Code or Code of Federal Regulations. 

Patients have the right to accept or refuse 

treatments or procedures, and such refusal by 

a patient is not a basis for restricting the 

provision of care under this section. 

(Authority: 38 U.S.C. 501, 901, 1721) 

[FR Doc. 2010–13048 Filed 5–28–10; 8:45 am] 

BILLING CODE 8320–01–P 

POSTAL SERVICE 

39 CFR Part 501 

Revisions to the Requirements for 

Authority To Manufacture and 

Distribute Postage Evidencing 

Systems 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule. 

SUMMARY: In this proposed rule, the 

Postal Service proposes to amend 

regulations on Authorization to 

Manufacture and Distribute Postage 

Evidencing Systems. This proposed 

revision clarifies the requirement for 

examination by an independent audit 

firm of a Postage Evidencing System 

Provider’s Computerized Meter 

Resetting System (CMRS) or PC 

Postage® system internal controls. 

DATES: Submit comments on or before 

July 1, 2010. 

ADDRESSES: Mail or deliver written 

comments to the Manager, Postage 

Technology Management, U.S. Postal 

Service, 475 L’Enfant Plaza SW., Suite 

4200 NB, Washington, DC 20260–4200. 

Copies of all written comments will be 

available for inspection and 

photocopying between 9 a.m. and 4 

p.m., Monday through Friday, at the 

Postage Technology Management office. 

FOR FURTHER INFORMATION CONTACT: 

Marlo Kay Ivey, Marketing Specialist, 

Postage Technology Management, U.S. 

Postal Service, at 202–268–7613. 

SUPPLEMENTARY INFORMATION: Postage 

Evidencing Systems are devices or 

systems of components that a customer 

uses to print evidence that the prepaid 

postage required for mailing has been 

paid. They include, but are not limited 

to, postage meters and PC Postage 

systems. The Postal Service regulates 

these systems and their use in order to 

protect postal revenue. Only Postal 

Service–authorized product service 

providers may design, produce, and 

distribute Postage Evidencing Systems. 

This proposed revision clarifies the 

internal controls required in 39 CFR 

501.15(i), Computerized Meter Resetting 

system, and 501.16(f), PC Postage 

Payment Methodology. This 

requirement was added as part of a final 

rule published in the Federal Register 

on November 9, 2006, at 71 FR 65732. 

Although exempt from the notice and 

comment requirements of the 

Administrative Procedure Act [39 U.S.C. 

410(a)], the Postal Service invites public 

comment on the following proposed 

revisions to the Code of Federal 

Regulations (see 39 CFR part 501). 

List of Subjects in 39 CFR Part 501 

Postal Service. 

Accordingly, 39 CFR part 501 is 

proposed to be amended as follows: 

PART 501—AUTHORIZATION TO 

MANUFACTURE AND DISTRIBUTE 

POSTAGE EVIDENCING SYSTEMS 

1. The authority citation for 39 CFR 

part 501 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 

401, 403, 404, 410, 2601, 2605, Inspector 

General Act of 1978, as amended (Pub. L. 95– 

452, as amended); 5 U.S.C. App. 3. 

2. Section 501.15 is amended by 

revising paragraph (i) to read as follows: 

§ 501.15 Computerized Meter Resetting 

System. 

* * * * * 

(i) Security and Revenue Protection. 

To receive Postal Service approval to 

continue to operate systems in the 

CMRS environment, the RC must submit 

to a periodic examination of its CMRS 

system and any other applications and 

technology infrastructure that may have 

a material impact on Postal Service 

revenues, as determined by the Postal 

Service. The examination shall be 

performed by a qualified, independent 

audit firm and conducted in accordance 

with the Statement on Auditing 

Standards (SAS) No. 70, Service 

Organizations, developed by the 

American Institute of Certified Public 

Accountants (AICPA), as amended or 

superseded. The examination shall 

include testing of the operating 

effectiveness of relevant RC internal 

controls (Type II SAS 70 Report). If the 

service organization uses another 

service organization (sub-service 

provider), Postal Service management 

should consider the nature and 

materiality of the transactions processed 

by the sub-service organization and the 

contribution of the sub-service 

organization’s processes and controls in 

the achievement of the Postal Service’s 

information processing objectives. The 

Postal Service should have access to the 

sub-service organization’s SAS 70 

report. The control objectives to be 

covered by the SAS 70 report are subject 

to Postal Service review and approval 

and are to be provided to the Postal 

Service 30 days prior to the initiation of 

each examination period. As a result of 

the examination, the auditor shall 

provide the RC and the Postal Service 

with an opinion on the design and 

operating effectiveness of the RC’s 

internal controls related to the CMRS 

system and any other applications and 

technology infrastructure considered 

material to the services provided to the 

Postal Service by the RC. Such 


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30310 Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Proposed Rules 

examinations are to be conducted on no 

less than an annual basis, and are to be 

as of and for the 12 months ended June 

30 of each year (except for the period 

ending June 30, 2010, for which the 

period of coverage will be no less than 

6 months, and except for new contracts 

for which the examination period will 

be no less than the period from the 

contract date to the following June 30, 

unless otherwise agreed to by the Postal 

Service). The examination reports are to 

be provided to the Postal Service by 

August 15 of each year. To the extent 

that internal control weaknesses are 

identified in a Type II SAS 70 report, 

the Postal Service may require the 

remediation of such weaknesses, review 

working papers, and engage in 

discussions about the work performed 

with the auditor. The Postal Service 

requires that all remediation efforts (if 

applicable) are completed and reported 

by the RC prior to the Postal Service’s 

fiscal year end (September 30). The RC 

will be responsible for all costs to 

conduct these examinations. 

* * * * * 

3. Section 501.16 is amended by 

revising paragraph (f) to read as follows: 

§ 501.16 PC Postage Payment 

Methodology. 

* * * * * 

(f) Security and Revenue Protection. 

To receive Postal Service approval to 

continue to operate PC Postage systems, 

the provider must submit to a periodic 

examination of its PC Postage system 

and any other applications and 

technology infrastructure that may have 

a material impact on Postal Service 

revenues, as determined by the Postal 

Service. The examination shall be 

performed by a qualified, independent 

audit firm and conducted in accordance 

with the Statement on Auditing 

Standards (SAS) No. 70, Service 

Organizations, developed by the 

American Institute of Certified Public 

Accountants (AICPA), as amended or 

superseded. The examination shall 

include testing of the operating 

effectiveness of relevant provider 

internal controls (Type II SAS 70 

Report). If the service organization uses 

another service organization (subservice provider), Postal Service 

management should consider the nature 

and materiality of the transactions 

processed by the sub-service 

organization and the contribution of the 

sub-service organization’s processes and 

controls in the achievement of the 

Postal Service’s information processing 

objectives. The Postal Service should 

have access to the sub-service 

organization’s SAS 70 report. The 

control objectives to be covered by the 

SAS 70 report are subject to Postal 

Service review and approval and are to 

be provided to the Postal Service 30 

days prior to the initiation of each 

examination period. As a result of the 

examination, the auditor shall provide 

the provider, and the Postal Service, 

with an opinion on the design and 

operating effectiveness of the internal 

controls related to the PC Postage 

system and any other applications and 

technology infrastructure considered 

material to the services provided to the 

Postal Service by the provider. Such 

examinations are to be conducted on no 

less than an annual basis, and are to be 

as of and for the 12 months ended June 

30 of each year (except for the period 

ending June 30, 2010, for which the 

period of coverage will be no less than 

6 months, and except for new contracts 

for which the examination period will 

be no less than the period from the 

contract date to the following June 30, 

unless otherwise agreed to by the Postal 

Service). The examination reports are to 

be provided to the Postal Service by 

August 15 of each year. To the extent 

that internal control weaknesses are 

identified in a Type II SAS 70 report, 

the Postal Service may require the 

remediation of such weaknesses, review 

working papers, and engage in 

discussions about the work performed 

with the auditor. The provider will be 

responsible for all costs to conduct these 

examinations. 

* * * * * 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. 2010–12883 Filed 5–28–10; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2010–0380; A–1–FRL– 

9156–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Connecticut; Determination of 

Attainment of the 1997 Ozone Standard 

for the Greater Connecticut Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

determine that the Greater Connecticut, 

moderate 1997 8-hour ozone 

nonattainment area has attained the 

1997 8-hour National Ambient Air 

Quality Standard (NAAQS) for ozone. 

This determination is based upon 

complete, quality-assured, certified 

ambient air monitoring data that show 

the area has monitored attainment of the 

1997 8-hour ozone NAAQS for the 

2007–2009 monitoring period. If this 

proposed determination is made final, 

under the provisions of EPA’s ozone 

implementation rule, the requirements 

for this area to submit an attainment 

demonstration, a reasonable further 

progress plan, contingency measures, 

and other planning State 

Implementation Plans related to 

attainment of the 1997 8-hour ozone 

NAAQS shall be suspended for so long 

as the area continues to attain the 1997 

ozone NAAQS. In addition, EPA is 

proposing to determine that this area 

has attained the 1997 ozone NAAQS as 

of June 15, 2010, its applicable 

attainment date, provided that the area 

continues to attain the standard through 

June 15, 2010. 

DATES: Written comments must be 

received on or before July 1, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2010–0380 by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: arnold.anne@epa.gov 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2010–0380,’’ 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100 (mail code: OEP05–2), Boston, 

MA 02109–3912. 

5. Hand Delivery or Courier: Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square, Suite 100, Boston, MA 

02109–3912. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2010– 

0380. EPA’s policy is that all comments 

received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov, or e-mail, 


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