Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Rules and Regulations 56471 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing, disestablishing, or 

changing Regulated Navigation Areas 

and security or safety zones. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security Measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS 

AREAS. 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T08–0723 to read as 

follows: 

§ 165.T08–0723 Wheeling Heritage Port 

Sternwheel Foundation fireworks display, 

Ohio River, Pittsburgh, PA. 

(a) Location. All waters of the Ohio 

River, from surface to bottom, from Mile 

Marker 90.2 to Mile Marker 90.5 on the 

Ohio River, extending the width of the 

river. These markings are based on the 

USACE’s Ohio River Navigation Charts 

(Chart 1, January 2000). 

(b) Effective period. This section is 

effective from 8:45 p.m. through 10:15 

p.m. on September 18, 2010 (rain date 

September 19, 2010). 

(c) Periods of Enforcement. This 

section will be enforced from 8:45 p.m. 

through 10:15 p.m. on September 18, 

2010 (rain date September 19, 2010). 

The Captain of the Port Pittsburgh or a 

designated representative will inform 

the public through broadcast notices to 

mariners of the enforcement period for 

the safety zone as well as any changes 

in the planned schedule. 

(d) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into this zone is prohibited unless 

authorized by the Captain of the Port 

Pittsburgh. 

(2) Persons or vessels requiring entry 

into, departure from, or passage through 

a safety zone must request permission 

from the Captain of the Port Pittsburgh 

or a designated representative. They 

may be contacted on VHF–FM Channel 

13 or 16, or through Coast Guard Sector 

Ohio Valley at 1–800–253–7465. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Pittsburgh and 

designated on-scene U.S. Coast Guard 

patrol personnel. On-scene U.S. Coast 

Guard patrol personnel includes 

Commissioned, Warrant, and Petty 

Officers of the U.S. Coast Guard. 

Dated: August 16, 2010. 

S.T. Higman, 

Lieutenant Commander, U.S. Coast Guard, 

Acting, Captain of the Port Pittsburgh. 

[FR Doc. 2010–23178 Filed 9–15–10; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 501 

Revisions to the Requirements for 

Authority To Manufacture and 

Distribute Postage Evidencing 

Systems 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

its regulations to require that companies 

that manufacture and distribute postage 

evidencing systems (‘‘Company or 

Companies’’) engage a qualified, 

independent audit firm to perform an 

examination of and provide an opinion 

on the design and operating 

effectiveness of relevant internal control 

activities performed by the Companies 

as service providers to the Postal 

Service under the Statement on 

Auditing Standards (SAS) No. 70 (‘‘SAS 

70’’). 

DATES: Effective Date: September 16, 

2010. 

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. 

The Postal Service published a 

proposed rule in the Federal Register on 

June 1, 2010 at 73 FR 30309–30310 to 

amend the requirements for authority to 

manufacture and distribute postage 

evidencing systems. This revision 

clarifies the internal controls required in 

39 CFR 501.15(i), Computerized Meter 

Resetting System, and 501.16(f), PC 

Postage Payment Methodology. The 

internal controls requirement was added 

as part of a final rule published in the 

Federal Register on November 9, 2006, 

at 71 FR 65732. 

Comments: Two comments were 

received from the Companies (that 

manufacture or distribute postage 

evidencing systems). The first was 

notification of intent to comply. The 

second requested that the proposed 

amendment be modified to allow a 

Company with qualified internal audit 

departments, which meets the 

independence requirements under the 

Standards for the Professional Practice 

of the Institute of Internal Auditors 

(‘‘IIA’’), to utilize its internal audit 

department to perform the internal 

controls examination in lieu of engaging 

an independent audit firm. 

The Postal Service gave thorough 

consideration to this comment. While 

the Postal Service recognizes the IIA as 

the authoritative body over internal 

audit activities, SAS 70 (Type II) 

examinations are subject to the 

American Institute of Certified Public 

Accountants (‘‘AICPA’’) professional 

standards, which impose more stringent 

independence requirements and a 

requirement that the examination be 

performed by a licensed CPA. Therefore, 

the Postal Service will not modify the 

proposed amendments as requested and 

will require the Companies to annually 

obtain an SAS 70 (Type II) examination 

of relevant internal controls by a 

qualified, independent, external audit 

firm. The Postal Service gave through 

consideration to the comments it 

received, and now announces the 

adoption of the final rule. 

List of Subjects in 39 CFR Part 501 

Postal Service. 

■ Accordingly, 39 CFR part 501 is 

amended as follows: 

PART 501—[AMENDED] 

■ 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. 


erowe on DSK5CLS3C1PROD with RULES
56472 Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Rules and Regulations 

■ 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 shall be 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 SAS70 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 

examinations are to be conducted on no 

less than an annual basis, and are to be 

as of and for the twelve 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 six 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 and review working papers 

and engage in discussions about the 

work performed with the auditor. 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 shall be 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 twelve 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 six 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 and 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. 2010–23031 Filed 9–15–10; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 790 

[EPA–HQ–OPPT–2009–0894; FRL–8832–8] 

RIN 2070–AJ59 

Amendments to Enforceable Consent 

Agreement Procedural Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is revising the 

procedures for developing Enforceable 

Consent Agreements (ECAs) to generate 

test data under the Toxic Substances 

Control Act (TSCA). The main features 

of the ECA process that EPA is changing 

include when and how to initiate 

negotiations and inserting a firm 

deadline at which negotiations will 

terminate. EPA is also deleting, 

modifying, or consolidating several 

sections of 40 CFR part 790 to place the 

ECA provisions in one section and the 

Interagency Testing Committee (ITC) 

provisions in a separate section, to make 

it clearer that there is one ECA 

negotiation procedure applicable to all 

circumstances when an ECA would be 

appropriate, and to make conforming 

changes in other sections that reference 

the ECA procedures. 

DATES: This final rule is effective 

October 18, 2010. 


erowe on DSK5CLS3C1PROD with RULES