Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Rules and Regulations 22835 

subsequently do not request 

disenrollment; 

(iv) Nonservice-connected veterans 

not included in paragraph (b)(8)(iii) of 

this section and whose income is not 

greater than ten percent more than the 

income that would permit their 

enrollment in priority category 5 or 

priority category 7, whichever is higher; 

(v) Noncompensable zero percent 

service-connected veterans not included 

in paragraph (b)(8)(i) or paragraph 

(b)(8)(ii) of this section; and 

(vi) Nonservice-connected veterans 

not included in paragraph (b)(8)(iii) or 

paragraph (b)(8)(iv) of this section. 

(c) * * * 

(1) It is anticipated that each year the 

Secretary will consider whether to 

change the categories and subcategories 

of veterans eligible to be enrolled. The 

Secretary at any time may revise the 

categories or subcategories of veterans 

eligible to be enrolled by amending 

paragraph (c)(2) of this section. The 

preamble to a Federal Register 

document announcing which priority 

categories and subcategories are eligible 

to be enrolled must specify the 

projected number of fiscal year 

applicants for enrollment in each 

priority category, projected healthcare 

utilization and expenditures for 

veterans in each priority category, 

appropriated funds and other revenue 

projected to be available for fiscal year 

enrollees, and projected total 

expenditures for enrollees by priority 

category. The determination should 

include consideration of relevant 

internal and external factors, e.g., 

economic changes, changes in medical 

practices, and waiting times to obtain an 

appointment for care. Consistent with 

these criteria, the Secretary will 

determine which categories of veterans 

are eligible to be enrolled based on the 

order of priority specified in paragraph 

(b) of this section. 

(2) Unless changed by a rulemaking 

document in accordance with paragraph 

(c)(1) of this section, VA will enroll the 

priority categories of veterans set forth 

in § 17.36(b) beginning [effective date of 

regulation], except that those veterans in 

subcategories (v) and (vi) of priority 

category 8 are not eligible to be enrolled. 

(d) * * * 

(1) Application for enrollment. A 

veteran may apply to be enrolled in the 

VA healthcare system at any time. A 

veteran who wishes to be enrolled must 

apply by submitting a VA Form 10– 

10EZ to a VA medical facility or via an 

Online submission at https:// 

www.1010ez.med.va.gov/sec/vha/ 

1010ez/. 

* * * * * 

(Authority: 38 U.S.C. 101, 501, 1521, 1701, 

1705, 1710, 1722) 

[FR Doc. E9–11400 Filed 5–14–09; 8:45 am] 

BILLING CODE 8320–01–P 

POSTAL SERVICE 

39 CFR Part 111 

Standard Mail Volume Incentive 

Program (aka Summer Sale) 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®), to add section 709.2 which 

introduces new standards for a special 

volume incentive program for mailers of 

Standard Mail® letters and flats with 

mail volume exceeding their individual 

USPSTM-determined threshold levels. 

The program period will be from July 1, 

2009 through September 30, 2009. 

DATES: Effective Date: July 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Gunther at 202–268–7208. 

SUPPLEMENTARY INFORMATION: The Postal 

Service is implementing a volume 

incentive program for qualified highvolume mailers of commercial or 

Nonprofit Standard Mail letters and 

flats, for volume mailed between July 1, 

2009 and September 30, 2009, above 

their USPS-determined threshold level. 

This program encourages mailers to 

provide new volume and to take 

advantage of our current excess capacity 

to process and deliver additional 

volume. 

To participate, mailers must be the 

permit holder (i.e., owner) of a permit 

imprint advance deposit account(s) or 

the owner of qualifying mail volume 

entered through the permit imprint 

advance deposit account of a mail 

service provider. Qualifying mailers 

must be able to demonstrate volume of 

at least one million pieces, within the 

program qualification period of October 

1, 2007 to March 31, 2008, for a permit 

imprint advance deposit account(s), 

precanceled stamp permit(s), postage 

meter permit(s), or by a combination of 

these methods. Applicants may also 

qualify for the program with volume 

mailed through an account(s) owned by 

a mail service provider, when adequate 

documentation is provided that 

specifies the applicant is the owner of 

the mail. Those mailers eligible to 

participate in the program will be 

notified in writing before June 1, 2009. 

Mailers wishing to participate in the 

program, who believe they meet the 

eligibility standards under DMM 709.2.2 

and were not notified by letter, may 

request a review of their eligibility by 

contacting the USPS at 

summersale@usps.gov. 

The Postal Service has a process, 

through its Business Service Network 

(BSN), to review questions from 

qualifying mailers regarding 

calculations of their respective 

threshold levels or their recorded 

volume within the program period. 

Qualifying mailers will be provided 

with program details and the procedure 

for questioning threshold calculations 

by letter before June 1, 2009. 

A Federal Register final rule, 

published April 6, 2009 (74 FR 8009– 

8033) implemented a saturation mail 

volume incentive program encouraging 

mailers to increase their saturation 

Standard Mail letters or flats volume 

within the period beginning on May 11, 

2009 and ending May 10, 2010. This 

program initially excluded mailers, 

entering into the saturation mail volume 

incentive program, from participating in 

other Postal Service-sponsored 

incentive programs. However, standards 

have been revised to allow mailers to be 

eligible for the Standard Mail volume 

incentive program independently of 

their status within the saturation mail 

volume incentive program. 

Participating mailers demonstrating 

Standard Mail letter or flat volume 

above their established threshold level 

will receive a credit following the close 

of the program period. Thresholds will 

be calculated independently for each 

applicant, by comparing the volume of 

Standard Mail letters and flats mailed 

within the period from October 1, 2007 

to March 31, 2008 to the volume of 

Standard Mail letters and flats mailed 

within the period of October 1, 2008 to 

March 31, 2009. The change in recorded 

volume between these two periods will 

represent the applicant’s volume trend. 

Trends that show growth for the period 

of October 1, 2008 to March 31, 2009, 

versus that shown in the same period of 

the prior year, will appear as a ratio 

above 1.0 (expressed here in a decimal 

format). A volume decline from October 

1, 2008 to March 31, 2009 will appear 

as a ratio below 1.0. The applicable ratio 

will then be applied to the volume of 

Standard Mail letters and flats, for all of 

the applicant’s permit volume or other 

qualifying volume recorded through the 

permit(s) of a mail service provider, 

demonstrated during the period from 

July 1, 2008 through September 30, 

2008. This result represents the USPSdetermined threshold level for an 

individual applicant. 

Mailers (applicants) are eligible to 

participate in the program with 

22836 Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Rules and Regulations 

qualifying volume prepared by a mail 

service provider when entered through 

a permit owned by the applicant. Mail 

volume through a mail service 

provider’s permit, may also qualify for 

the program, but only if adequate 

documentation identifies the mail as 

being prepared on behalf of the 

applicant and demonstrates the 

applicant’s prior mailing activity. Mail 

service providers are not eligible for the 

Standard Mail volume incentive 

program. 

Approved program participants, 

demonstrating an increase in their total 

Standard Mail letter and flat volume 

above their approved threshold level, 

will qualify for a credit to a designated 

permit imprint advance account. The 

total postage attributable to Standard 

Mail letters and flats within the program 

period will be identified for each 

participant and divided by the total 

number of recorded pieces, to generate 

the average price per piece. Participants 

receive a credit in the amount of 30 

percent of the average price per piece 

for the total number of mailpieces of the 

incremental volume above their 

approved threshold level as recorded 

during the program period. 

The Standard Mail volume incentive 

program is introduced to encourage 

mailers to generate new mail volume. 

As a deterrent to mailers shifting 

previously planned fall volume into the 

program to obtain incentive credits, 

participating mailers will be monitored 

in the calendar month following the end 

of the program. The participant’s 

previously determined volume trend 

will be applied to their volume of 

Standard Mail letters and flats mailed 

within the month of October 2008, to 

determine the participant’s October 

2009 expected volume. Each 

participant’s actual October 2009 

volume will then be compared to their 

October 2009 expected volume. 

Participants failing to meet (or exceed) 

their October 2009 expected volume 

will have any demonstrated shortfall in 

volume deducted from the number of 

mailpieces eligible for an incentive 

credit within the program. 

Additionally, as part of the program 

administration, the Postal Service will 

require each program participant to 

certify the data used to calculate the 

volume trends, threshold levels and 

October 2009 expected volumes. This 

certification requirement will be similar 

to what is currently used on a PS Form 

3602, Postage Statement—Standard 

Mail, but may not require submission in 

hardcopy format. The certification 

requirement for this initiative is aimed 

at ensuring that the data used by the 

Postal Service to calculate the 

applicable volume trend, threshold level 

and October 2009 expected volume for 

each qualifying mailer is accurate. 

The Standard Mail volume incentive 

program is subject to review by the 

Postal Regulatory Commission (PRC) for 

up to 45 days following May 1, 2009. 

Upon completion of PRC review, the 

Postal Service adopts the following 

changes 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. 

■ Accordingly, 39 CFR part 111 is 

amended as follows: 

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, 3622, 3626, 3632, 

3633 and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) as follows: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

700 Special Standards 

* * * * * 

[Revise title of 709 as follows:] 

709 Experimental and Temporary 

Classifications 

* * * * * 

[Add a new section 709.2.0 to 

introduce new standards for the 

Standard Mail volume incentive 

program as follows:] 

2.0 Standard Mail Volume Incentive 

Program 

2.1 Program Description 

The Standard Mail Volume Incentive 

Program provides special volume 

pricing for qualified mailers of 

commercial and Nonprofit Standard 

Mail letters and flats that are able to 

document mail volume exceeding their 

individual USPS-determined threshold 

level. The program period is July 1, 

2009 through September 30, 2009. 

Participating mailers documenting 

Standard Mail letter or flat volume 

above their established threshold level 

will receive a credit to a designated 

permit imprint advance deposit 

account, or Centralized Account 

Payment System (CAPS) account 

following the close of the program 

period. Program participants must 

review and certify the accuracy of the 

data used by the USPS to calculate their 

individual volume trend, threshold 

level and October 2009 expected 

volume. 

2.2 Eligibility Standards 

Mailers are considered eligible for the 

program as follows: 

a. Applicants must be the permit 

holder (i.e., owner) of one or more 

permit imprint advance deposit 

accounts or the owner of qualifying mail 

volume entered through the permit 

imprint advance deposit account of a 

mail service provider. 

b. Applicants must be able to 

document, in aggregate, volume of at 

least one million pieces of Standard 

Mail letters or flats, within the program 

qualification period of October 1, 2007 

to March 31, 2008, as follows: 

1. Volume through one or more 

permit imprint advance deposit 

accounts, precanceled stamp permits, or 

postage meter permits owned by the 

applicant, or 

2. Volume prepared by a mail service 

provider when entered through a permit 

owned by the applicant, or 

3. Volume within a mail service 

provider’s permit, which can be 

identified as being prepared on behalf of 

the applicant. 

c. Mail service providers are not 

eligible to participate in this program. 

2.3 Program Threshold Level 

Threshold level figures will be 

calculated independently for each 

applicant as follows: 

a. Total documented volume of 

Standard Mail letters and flats recorded 

within the period from October 1, 2007 

to March 31, 2008 will be compared to 

that recorded within the period of 

October 1, 2008 to March 31, 2009. 

b. The change in recorded mailing 

volume between these two periods will 

represent the applicant’s volume trend. 

Trends that show growth for the period 

of October 1, 2008 to March 31, 2009, 

versus that shown in the same period of 

the prior year, will appear as a ratio 

above 1.0 (expressed here in a decimal 

format). A volume decline from October 

1, 2008 to March 31, 2009 will appear 

as a ratio below 1.0. 

c. The applicable ratio will then be 

applied to the volume of Standard Mail 

letters and flats, for all of the applicant’s 

permit activity, or other qualifying 

volume recorded through the permit of 

a mail service provider, demonstrated 

Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Rules and Regulations 22837 

during the period from July 1, 2008 

through September 30, 2008. 

d. The product of the calculation in 

2.3c will represent the USPSdetermined threshold level for the 

selected applicant. 

2.4 Application 

Mailers meeting the eligibility criteria 

will be contacted by letter, describing 

the application process and 

requirements. Mailers interested in 

applying will be provided with a 

registration Web site and their USPSdetermined threshold level. Mailers 

meeting the eligibility standards under 

709.2.2, and not notified by letter, may 

request a review of their eligibility by 

contacting the USPS at 

summersale@usps.gov. Mailers wishing 

to dispute their threshold level 

calculations will be provided with 

instructions on that process. Following 

registration, mailers will be notified of 

their approval for participation in the 

program, their approved threshold level, 

and their revised threshold level (if 

applicable). 

2.5 Program Participation 

Mailers may participate in the 

program with qualifying volume as 

follows: 

a. Standard Mail letter and flat 

volume mailed by the participant 

through the participant’s own permit 

imprint advance account, precanceled 

stamp permit(s), or postage meter 

permit(s); 

b. Standard Mail letter and flat 

volume prepared by a mail service 

provider, when entered through a 

permit owned by the participant; 

c. Standard Mail letter and flat pieces 

mailed through a mail service provider’s 

permit, only when the pieces can be 

identified as being prepared for the 

participant and when the applicant’s 

prior mailing activity through the mail 

service provider’s permit can be 

validated. 

2.6 Incentive Program Credits 

Approved participants demonstrating 

an increase in Standard Mail letter and 

flat volume above their approved 

threshold level qualify for a credit to 

their applicable permit imprint advance 

account or, if approved, the permit 

imprint advance account of a designated 

mail service provider as follows: 

a. The total postage paid for 

commercial and Nonprofit Standard 

Mail letters and flats recorded during 

the program will be identified for each 

participant. 

b. The total postage paid during the 

program period will be divided by the 

total number of recorded pieces to 

generate the average price per piece for 

the program period. 

c. Participants will receive a credit in 

the amount of 30 percent of the average 

price per piece applied to the total 

number of mailpieces, for the 

incremental volume above their 

approved threshold level, recorded 

during the program period. 

2.7 Mailing Activity Review 

Mailing activity by participants will 

be reviewed in the calendar month 

following the end of the program. The 

qualifying volume recorded for 

participants may be adjusted in 

accordance with the following: 

a. The participant’s previously 

determined volume trend will be 

applied to the volume of Standard Mail 

letters and flats mailed by the 

participant within the month of October 

2008, to determine the program 

participant’s October 2009 expected 

volume. 

b. The participant’s actual October 

2009 volume will then be compared to 

their October 2009 expected volume. 

c. Participants failing to meet their 

October 2009 expected volume will 

have any shortfall in volume deducted 

from the number of mailpieces eligible 

for an incentive credit within the 

program. 

* * * * * 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. E9–11321 Filed 5–14–09; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2008–0497, FRL–8905–7] 

Approval and Promulgation of 

Implementation Plans; New Jersey 

Reasonable Further Progress Plans, 

Reasonably Available Control 

Technology, Reasonably Available 

Control Measures and Conformity 

Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

two State Implementation Plan revisions 

submitted by New Jersey that are 

intended to meet several Clean Air Act 

(Act) requirements for attaining the 0.08 

part per million (ppm) 8-hour ozone 

national ambient air quality standards. 

EPA is approving: the 2008 reasonable 

further progress plans and associated 

2008 ozone projection year emission 

inventories, contingency measures for 

the 2008 reasonable further progress 

plans, 2008 conformity budgets used for 

planning purposes, and the reasonably 

available control measure analysis. In 

addition, EPA is conditionally 

approving New Jersey’s efforts to meet 

the reasonably available control 

technology requirement. The intended 

effect of this action is to approve those 

programs that meet Act requirements 

and to further achieve emission 

reductions that will be critical to 

attainment of the national ambient air 

quality standard for ozone in New 

Jersey’s two nonattainment areas. 

DATES: Effective Date: This rule is 

effective on June 15, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2008–0497. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Environmental Protection 

Agency, Region II Office, Air Programs 

Branch, 290 Broadway, 25th Floor, New 

York, New York 10007–1866. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: 

Raymond Forde 

(forde.raymond@epa.gov) concerning 

emission inventories and reasonable 

further progress and Paul Truchan 

(truchan.paul@epa.gov) concerning 

other portions of the SIP revision, Air 

Programs Branch, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, (212) 637–4249. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What action is EPA taking? 

II. What was included in New Jersey’s SIP 

submittals? 

III. What comments were received? 

IV. What SIP Elements is EPA approving? 

A. Emission Inventories 

B. Reasonable Further Progress Plans 

C. Contingency Measures 

D. RACT for Stationary Sources 

E. RACM Analysis 

F. Conformity Budgets