Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Rules and Regulations 28059

§ 36.4349 [Amended]

18. In § 36.4349, paragraphs (d), (f),

and (g) are amended by removing ‘‘Chief

Benefits Director’’ and adding, in its

place, ‘‘Under Secretary for Benefits’’.

19. In § 36.4350, paragraph (a)(2) is

amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’;

paragraph (b)(7) is removed; and

paragraph (b)(8) is redesignated as

paragraph (b)(7). Paragraph (a)(3) is

amended by removing ‘‘.’’ and adding,

in its place, ‘‘; or’’, and a new paragraph

(a)(4) is added to read as follows:

§ 36.4350 Estate of veteran in real

property.

(a) * * *

(4) A beneficial interest in a revocable

Family Living Trust that ensures that

the veteran, or veteran and spouse, have

an equitable life estate, provided the

lien attaches to any remainder interest

and the trust arrangement is valid under

State law.

* * * * *

§ 36.4352 [Amended]

20. Section 36.4352 is amended by

removing ‘‘Chief Benefits Director’’ and

adding, in its place, ‘‘Under Secretary

for Benefits’’.

§ 36.4364 [Amended]

21. In § 36.4364, paragraph (f) is

amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’.

§ 36.4393 [Amended]

22. In § 36.4393, paragraphs (g) and

(h) are amended by removing ‘‘Chief

Benefits Director’’ each time it appears

and adding, in its place, ‘‘Under

Secretary for Benefits’’.

23. The authority citation for part 36

36.4400 through 36.4411 continues to

read as follows:

Authority: Sections 36.4400 through

36.4411 issued under 72 Stat. 1114, 1168, as

amended (38 U.S.C. 501, 2101), unless

otherwise noted.

24. In § 36.4402, paragraph (a)(4)(iii)

is amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’.

Paragraph (a)(4)(iii) is further amended

by removing ‘‘;’’ and adding, in its

place, ‘‘, or’’; and a new paragraph

(a)(4)(iv) is added to read as follows:

§ 36.4402 Eligibility.

(a) * * *

(4) * * *

(iv) A beneficial interest in a

revocable Family Living Trust that

ensures that the veteran, or veteran and

spouse, have an equitable life estate,

provided the trust arrangement is valid

under State law;

* * * * *

25. In § 36.4404, paragraphs (a)

introductory text, (b)(2), and the

authority citation are revised to read as

follows:

§ 36.4404 Computation of cost.

(a) Computation of cost of housing

unit. Under section 2101(a) of chapter

21, for the purpose of computing the

amount of benefits payable to a veteranbeneficiary, there may be included in

the total cost to the veteran the

following amount, not to exceed

$38,000:

* * * * *

(b) * * *

(2) $6,500.

(Authority: 38 U.S.C. 2102(a), (b))

§ 36.4408 [Amended]

26. In § 36.4408, paragraph (b) is

amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’.

27. The authority citation for part 36

§§ 36.4500 through 36.4600 is revised to

read as follows:

Authority: Sections 36.4500 through

36.4600 issued under 38 U.S.C. 501, unless

otherwise noted.

28. In § 36.4507, paragraph (b)(2) is

amended by removing ‘‘Chief Benefits

Director, and adding, in its place,

‘‘Under Secretary for Benefits’’, and the

authority citation following paragraph

(c) is revised to read as follows:

§ 36.4507 Refinancing of mortgage or

other lien indebtedness.

* * * * *

(c) * * *

(Authority: 38 U.S.C. 3711)

* * * * *

§ 36.4510 [Removed]

29. In § 36.4510, paragraph (d) is

removed.

30. In § 36.4515, paragraph (a)(2) is

amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’; and by

removing paragraph (b)(7); and by

redesignating paragraph (b)(8) as

paragraph (b)(7). Paragraph (a)(3) is

amended by removing ‘‘.’’ in the last

sentence, and adding, in its place, ‘‘;

or’’; and a new paragraph (a)(4) is added

to read as follows:

§ 36.4515 Estate of veteran in real

property.

(a) * * *

* * * * *

(4) A beneficial interest in a revocable

Family Living Trust that ensures that

the veteran, or veteran and spouse, have

an equitable life estate, provided the

lien attaches to any remainder interest

and the trust arrangement is valid under

State law.

* * * * *

§ 36.4516 [Amended]

31. In § 36.4516, paragraph (c) is

amended by removing ‘‘Chief Benefits

Director’’ and adding, in its place,

‘‘Under Secretary for Benefits’’.

§ 36.4518 [Amended]

32. Section 36.4518 is amended by

removing ‘‘Chief Benefits Director’’ and

adding, in its place, ‘‘Under Secretary

for Benefits’’.

§ 36.4520 [Amended]

33. In § 36.4520, paragraph (b) is

amended by removing ‘‘Chief Benefits

Director’’ both times it appears and

adding, in its place, ‘‘Under Secretary

for Benefits’’.

§ 36.4600 [Amended]

34. In § 36.4600, paragraphs (g)(2) and

(j) are amended by removing ‘‘Chief

Benefits Director’’ and adding, in its

place, ‘‘Under Secretary for Benefits’’.

[FR Doc. 96–13855 Filed 6–3–96; 8:45 am]

BILLING CODE 8320–01–P

POSTAL SERVICE

39 CFR Part 233

Screening of Mail Reasonably

Suspected of Containing Nonmailable

Firearms

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: On February 28, 1996, the

Postal Service published in the Federal

Register a proposed regulation outlining

the treatment of mail which is

reasonably suspected of being

dangerous to persons or property. The

rule also contains language which

allows for the screening of mail

reasonably suspected of containing

nonmailable firearms. The proposed

rule requested comments, but none were

received. Consequently, the Postal

Service hereby publishes this final rule.

EFFECTIVE DATE: June 4, 1996.

FOR FURTHER INFORMATION CONTACT:

George C. Davis, (202) 268–3076.

SUPPLEMENTARY INFORMATION: This

document creates a new subsection

233.11 of title 39, Code of Federal

Regulations, to include the requirements

for the treatment of mail which is

reasonably suspected of being

dangerous to persons or property. This
28060 Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Rules and Regulations

rule is currently contained in the

Administrative Support Manual (ASM)

as part 274, but this publication will

make it more widely available to the

public.

Sections 233.11 (a) and (a)(4) contain

new language which allows for the

screening of mail reasonably suspected

of containing nonmailable firearms.

Formerly, part 274 of the Administrative

Support Manual allowed the

examination of mail only to identify

explosives or other materials that would

pose a danger to life or property. This

rule would expand the existing rule to

permit screening for nonmailable

firearms under the same restrictions

respecting mail privacy and delay.

The Postal Service has been advised

by the Honorable Pedro Rosello,

Governor of Puerto Rico, that illegal

firearms entering Puerto Rico by various

means, including the mails, pose a

serious threat to the safety of citizens of

Puerto Rico. This information has been

confirmed in meetings with the

Attorney General of Puerto Rico, local

and federal law enforcement officials,

and officials of the United States

Department of Justice.

Practical and legal constraints limit

our ability to ensure that the mails are

free of nonmailable firearms. These

constraints were summarized in the

Federal Register at the time the rule

permitting limited screening of mail

reasonably suspected of containing

dangerous matter was initially proposed

and they remain applicable today. See

55 FR 29637 (July 20, 1990).

Taking these constraints into account,

this rule authorizes the least intrusive,

least dilatory response to credible

situations where firearms already

declared ‘‘nonmailable’’ by statute or

regulation are reasonably suspected of

being in the mails. Nonmailable

firearms are defined in Section C024.1.0

of the Domestic Mail Manual. They

consist, primarily, of pistols, revolvers,

and other concealable firearms.

Unloaded rifles and shotguns are

mailable although the provisions of the

Gun Control Act of 1968, 18 U.S.C. 921,

et seq., and regulations of the Bureau of

Alcohol, Tobacco, and Firearms apply

to the shipment of such weapons by

mail or otherwise.

This rule balances the need to protect

personal safety with the need to enforce

existing laws and regulations against the

mailing of nonmailable firearms, and

protects personal privacy in the use of

the mails. As envisioned by the rule,

when the Chief Postal Inspector

determines that a credible threat exists

that certain mail may contain

nonmailable firearms, the Chief may

authorize the use of technology that is

capable of identifying mail containing

such firearms in order to obtain

probable cause for the issuance of a

Federal warrant to search and seize such

mail. The rule would not permit any

screening method that would involve

opening of sealed mail, or the reading of

the contents of correspondence in

sealed mail, without the consent of the

sender or addressee or under authority

of a Federal warrant. Moreover, the only

screening which may be authorized

must be limited to the least quantity of

mail necessary to respond to the threat

and the screening must be performed

without avoidable delay of the mail.

Any mail not of sufficient weight, for

example, to contain a nonmailable

firearm will not be screened. In

addition, international transit mail will

not be screened unless the postal

treaties are appropriately amended.

Sworn reports of all screening methods

conducted by, or under supervision of,

the Postal Service would be reported to

senior postal managers. In view of these

factors, the Postal Service has

determined that this change in its

regulations is a matter of internal

practice and procedure that will not

substantially affect the rights or

obligations of private parties.

List of Subjects in 39 CFR Part 233

Law enforcement, Postal Service.

Accordingly, title 39 CFR, Part 233, is

amended as follows:

PART 233—INSPECTION SERVICE/

INSPECTOR GENERAL AUTHORITY

1. The authority citation for part 233

continues to read as follows:

Authority: 39 U.S.C. 101, 401, 402, 403,

404, 406, 410, 411, 3005(e)(1); 12 U.S.C.

3401–3422; 18 U.S.C. 981, 1956, 1957, 2254,

3061; 21 U.S.C. 881; Inspector General Act of

1978, as amended (Pub. L. No. 95–452, as

amended), 5 U.S.C. App. 3.

2. Part 233 is amended by adding

§ 233.11 as follows:

233.11. Mail reasonably suspected of

being dangerous to persons or property.

(a) Screening of mail. When the Chief

Postal Inspector determines that there is

a credible threat that certain mail may

contain a bomb, explosives, or other

material that would endanger life or

property, including firearms which are

not mailable under Section C024 of the

Domestic Mail Manual, the Chief Postal

Inspector may, without a search warrant

or the sender’s or addressee’s consent,

authorize the screening of such mail by

any means capable of identifying

explosives, nonmailable firearms, or

other dangerous contents in the mails.

The screening must be within the limits

of this section and without opening mail

that is sealed against inspection or

revealing the contents of

correspondence within mail that is

sealed against inspection. The screening

is conducted according to these

requirements.

(1) Screening of mail authorized by

paragraph (a) of this section must be

limited to the least quantity of mail

necessary to respond to the threat.

(2) Such screening must be done in a

manner that does not avoidably delay

the screened mail.

(3) The Chief Postal Inspector may

authorize screening of mail by postal

employees and by persons not

employed by the Postal Service under

such instruction that require

compliance with this part and protect

the security of the mail. No information

obtained from such screening may be

disclosed unless authorized by this part.

(4) Mail of insufficient weight to pose

a hazard to air or surface transportation,

or to contain firearms which are not

mailable under Section C024 of the

Domestic Mail Manual, and

international transit mail must be

excluded from such screening.

(5) After screening conducted under

paragraph (a) of this section, mail that

is reasonably suspected of posing an

immediate and substantial danger to life

or limb, or an immediate and substantial

danger to property, may be treated by

postal employees as provided in

paragraph (b) of this section.

(6) After screening, mail sealed

against inspection that presents doubts

about whether its contents are

hazardous, that cannot be resolved

without opening, must be reported to

the Postal Inspection Service. Such mail

must be disposed of under instructions

promptly furnished by the Inspection

Service.

(b) Threatening pieces of mail. Mail,

sealed or unsealed, reasonably

suspected of posing an immediate

danger to life or limb or an immediate

and substantial danger to property may,

without a search warrant, be detained,

opened, removed from postal custody,

and processed or treated, but only to the

extent necessary to determine and

eliminate the danger and only if a

complete written and sworn statement

of the detention, opening, removal, or

treatment, and the circumstances that

prompted it, signed by the person

purporting to act under this section, is

promptly forwarded to the Chief Postal

Inspector.

(c) Reports. Any person purporting to

act under this section who does not

report his or her action to the Chief

Postal Inspector under the requirements

of this section, or whose action is

determined after investigation not to
Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Rules and Regulations 28061

have been authorized, is subject to

disciplinary action or criminal

prosecution or both.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 96–13831 Filed 6–3–96; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA084–4018; FRL–5511–2]

Approval and Promulgation of Air

Quality Implementation Plans;

Commonwealth of Pennsylvania:

Revocation of Determination of

Attainment of Ozone Standard by the

Pittsburgh-Beaver Valley Ozone

Nonattainment Area and

Reinstatement of Applicability of

Certain Reasonable Further Progress

and Attainment Demonstration

Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is providing notification

of its determination that the PittsburghBeaver Valley ozone nonattainment area

is no longer attaining the National

Ambient Air Quality Standard (NAAQS)

for ozone, based on monitored

violations of the standard during the

1995 ozone season. EPA is also

reinstating the applicability of certain

reasonable further progress (RFP) and

attainment demonstration requirements,

along with certain other requirements,

of Part D of Title I of the Clean Air Act

for the Pittsburgh-Beaver Valley ozone

nonattainment area because the area is

no longer in attainment for ozone.

EFFECTIVE DATE: This final rule is

effective on August 15, 1996.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the Air, Radiation,

and Toxics Division, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107 and

the Pennsylvania Department of

Environmental Protection, Bureau of Air

Quality, P.O. Box 8468, 400 Market

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Maria A. Pino, (215) 566–2181, at the

EPA Region III office, or at

pino.maria@epamail.epa.gov via e-mail.

SUPPLEMENTARY INFORMATION: In a policy

memorandum dated May 10, 1995, from

John Seitz, Director, Office of Air

Quality Planning and Standards, to the

Regional Air Division Directors, entitled

‘‘Reasonable Further Progress,

Attainment Demonstration, and Related

Requirements for Ozone Nonattainment

Areas Meeting the Ozone National

Ambient Air Quality Standard,’’ EPA

stated that it is reasonable to interpret

provisions regarding reasonable further

progress (RFP) and attainment

demonstrations, along with certain other

related provisions, so as not to require

certain SIP submissions if an ozone

nonattainment area subject to those

requirements is monitoring attainment

of the ozone standard.

Based on this memo, on July 19, 1995,

EPA published a final determination (60

FR 37015) that the Pittsburgh-Beaver

Valley and Reading ozone

nonattainment areas had attained the

ozone standard and that the SIP

requirements for reasonable further

progress, (namely the 15% plans and

attainment demonstrations required

under section 182(b)(1) of the Clean Air

Act, and the contingency measures

required under section 172(c)(9) of the

Clean Air Act) no longer applied so long

as these areas did not violate the ozone

standard. The notice also stated that the

sanctions clocks started on January 18,

1994, for these areas for failure to

submit the RFP requirements were

halted. The effective date of the final

determination occurred one day after

the sanction clocks expired and these

areas were, in fact, under the offset

sanction at the time of EPA’s final

determination. However, the sanctions

were lifted as a result of EPA’s final

determination for the same reason that

the final determination would have

halted the sanctions clocks.

EPA has reviewed the 1995 ambient

air quality data (consistent with the

requirements contained in 40 CFR part

58 and recorded in AIRS) for the

Pittsburgh-Beaver Valley ozone

nonattainment area (the Pittsburgh

area), and determined that the area is no

longer in attainment. During the 1995

ozone season 17 exceedances of the

standard were recorded, and two

monitors in the Pittsburgh area recorded

violations of the ozone NAAQS. The

current design value for the Pittsburgh

area, computed using the ozone

monitoring data for 1993 through 1995,

is 133 parts per billion (ppb). The

average annual number of expected

exceedances is 8.2 for that same time

period. An area is considered in

nonattainment when the average annual

number of expected exceedances is

greater than 1.0. A more detailed

summary of the ozone monitoring data

for the area is provided in the Technical

Support Document for this notice.

Other specific details of the

attainment determination revocation

and the reinstatement of the 15% plan,

attainment demonstration, and

contingency measures requirements for

the Pittsburgh area, and the rationale for

EPA’s proposed action are explained in

the February 12, 1996 notice of

proposed rulemaking (NPR) (61 FR

5360) and will not be restated here. Both

positive and adverse public comments

were received on the NPR.

During the public comment period

EPA received one comment letter in

favor of the proposal, and two letters

that contained adverse comments.

Following meetings with the

representatives of the Pennsylvania

Department of Environmental

Protection, EPA subsequently received

another letter from one of the

commenters, the Commonwealth of

Pennsylvania, setting forth a proposed

schedule of milestones for meeting the

attainment demonstration requirement.

The following is a summary of the

adverse comments received on the NPR,

and EPA’s response to those comments.

Comment #1: The Commonwealth of

Pennsylvania opposed EPA’s proposed

reinstatement of the requirements of

sections 182(b)(1) and 172(c)(9) on

August 15, 1996. According to the

Commonwealth, the August 15, 1996

date did not allow the state enough time

to develop and adopt the necessary

regulations and make the required

submissions. The Commonwealth

contended that the August 15, 1996 date

was not consistent with EPA’s own

policy of providing a reasonable time

taking into account the pertinent

circumstances, did not allow sufficient

time for the Southwestern Pennsylvania

Ozone Stakeholders process (established

by the Commonwealth) to be completed,

was inconsistent with the time frame for

inspection and maintenance (I/M)

program submissions established by the

National Highway Systems Designation

Act (NHSDA) of 1995, and did not

provide sufficient time for the state

rulemaking process to occur.

Subsequently, following meetings

between EPA and the state, in a letter

dated May 17, 1996, the Commonwealth

proposed a schedule of milestones for

submissions from the Commonwealth to

EPA to comply with the attainment

demonstration requirement for the

Pittsburgh area. That schedule includes

milestone dates beginning on August 15,

1996, and ending on December 31, 1997.

Response: First, with respect to the

proposed August 15, 1996 date for the

reinstatement of the 15% plan and

section 172(c)(9) contingency measures