55140 Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Rules and Regulations 

deposit account presented to the USPS 

for weighing and acceptance. 

* * * * * 

2 Conditions for Mailing 

* * * * * 

290 Commercial Services 

* * * * * 

292 International Priority Airmail 

(IPA) Service 

* * * * * 

292.4 Mail Preparation 

[Revise the title and introductory 

sentence in 292.41 as follows:] 

292.41 Addressing and Return 

Address 

IPA mailpieces are subject to the 

addressing requirements contained in 

122, including the requirement of a 

complete U.S. return address. 

* * * * * 

293 International Surface Air Lift 

(ISAL) Service 

* * * * * 

293.4 Mail Preparation 

[Revise the title and introductory 

sentence in 293.41 as follows:] 

293.41 Addressing and Return 

Address 

ISAL mailpieces are subject to the 

addressing requirements contained in 

122, including the requirement of a 

complete U.S. return address. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

Stanley F. Mires, 

Chief Counsel. 

[FR Doc. E9–25461 Filed 10–26–09; 8:45 am] 

BILLING CODE 7710–12–P 

POSTAL SERVICE 

39 CFR Part 111 

New Move Update Assessment 

Procedures for January 2010 for 

Automation and Presort First-Class 

Mail and All Standard Mail Items 

AGENCY: Postal Service TM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is filing 

with the Postal Regulatory Commission 

a notice of revisions to policies and 

procedures for determining postage 

adjustments for mailings of First-Class 

Mail® and Standard Mail® pieces that 

are determined to contain a large 

number of address inaccuracies. 

Consistent with the Commission filing, 

this notice and final rule provides 

revised mailing standards and 

procedures for administering the Move 

Update standards. 

DATES: Effective January 4, 2010. 

FOR FURTHER INFORMATION CONTACT: Bill 

Chatfield, 202–268–7278. 

SUPPLEMENTARY INFORMATION: The Postal 

Service previously published a final 

rule regarding several changes to 

mailing standards in support of the May 

11, 2009 price change, in the Federal 

Register on April 6, 2009, and stated: 

* * * ‘‘Beginning in January 2010, we 

establish a charge for Standard Mail 

mailings not meeting Move Update 

standards of 7 cents per piece, in 

addition to the applicable Standard Mail 

postage.’’ The notice and final rule 

published today discusses tolerances for 

determining when the number of 

change-of-address inaccuracies in a 

mailing requires additional postage 

assessments at the time of acceptance, 

and also discusses how the error rate 

and additional postage assessment will 

be calculated for First-Class Mail and 

Standard Mail items at the time of 

acceptance. 

This assessment approach is not 

designed to permit customers to 

substitute payment of the Move Update 

Assessment Charge for the 

implementation of appropriate 

processes that meet the requirements of 

the Move Update standard. It is 

designed to facilitate the acceptance of 

mail in the event that a Performance 

Based Verification (PBV) process 

determines that a sample of the mailing 

has an error rate above a tolerance 

specified by the Postal Service. If 

customers do not certify that they meet 

the Move Update requirement or are 

determined not to have met this 

requirement, they are subject to singlepiece First-Class Mail prices on all 

pieces in the mailing. 

We provide additional background 

and an explanation of the Move Update 

standards and new procedures, followed 

by changes to the mailing standards in 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®). 

Background 

The Move Update standard requires 

periodic matching of a mailer’s address 

records with customer-filed change-ofaddress (COA) orders received and 

maintained by the Postal Service. The 

mailer then is required to update the 

address on the mailpiece for any 

addressee with a COA on file. The goal 

is to reduce the number of mailpieces in 

a mailing that require forwarding or 

return. Mailers who claim Presorted or 

automation prices for First-Class Mail or 

any Standard Mail prices must certify 

that they have updated the mailing 

addresses contained in the mailing 

within the 95-day period preceding the 

mailing date. 

All deficient mailings of commercial 

First-Class Mail pieces have been 

subject to single-piece First-Class Mail 

prices for each piece in the mailing. In 

the absence of any action, the same 

consequence would have applied to 

Standard Mail mailings that Postal 

Service acceptance procedures 

determine to be deficient. This would 

have been a substantial increase in 

postage for Standard Mail pieces found 

to be deficient at acceptance. 

To mitigate this effect, the Postal 

Service announced in 2008 that we 

would assess 7 cents per piece for all 

pieces in Standard Mail mailings with 

an error rate (pieces with a COA that 

were not updated/total pieces with 

COAs) greater than a tolerance 

established by the Postal Service. The 

assessment was initially intended for 

May 2009 implementation. However, in 

response to strong customer concerns, 

we deferred implementation until 

January 2010 via an announcement in 

our April 6, 2009 Federal Register 

notice. 

Consistent with the treatment of 

Standard Mail, the Postal Service has 

now decided to apply a 7-cent per piece 

additional postage charge for First-Class 

Mail pieces determined by acceptance 

procedures to have an error rate of 

greater than 30 percent, effectively 

lowering the additional postage 

assessments for First-Class Mail pieces. 

In addition, for both First-Class Mail 

and Standard Mail, the additional 

postage charge would apply to the 

percentage of the mailing, above the 

Postal Service-established tolerance, 

determined by sampling to be in error. 

Procedures 

Performance-Based Verification 

procedures at acceptance allow the 

Postal Service to test a sample of the 

mailing and evaluate the effectiveness of 

a customer’s Move Update processes. 

The addresses in the verification sample 

are compared to the National Change of 

Address (NCOA) database. To determine 

the change of address accuracy in the 

sample, the PBV process will determine 

the number of pieces within the sample 

that should have been updated with 

COA information (A). The PBV process 

will then determine the number of 

pieces that were not properly updated 

(B). The PBV process will calculate the 

error rate in the sample by dividing B 


pwalker on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Rules and Regulations 55141 

by A (B ÷ A = error rate). At this time 

the Postal Service has established an 

acceptable tolerance rate of 30%. In 

other words, only if the error rate in the 

sample exceeds 30% will the mailing be 

subject to an additional postage 

assessment at the time of mailing. The 

Postal Service has established an 

exception to this process for small 

samples: if the actual number of changes 

of address not updated found in the 

sampling is five or less (B = 5 or less), 

the mailing will not be subject to the 

assessment, regardless of the error rate. 

If an assessment is warranted, the 

assessment depends on the extent to 

which the error rate exceeds the 30% 

tolerance. If the error rate is 50%, the 

assessment will apply to 20% of the 

pieces in that mailing (50%¥30% = 

20%) and 20% of the mailpieces in that 

mailing will be assessed an additional 7 

cents in postage. Additional examples 

follow. 

• If 40% of COAs were not updated, 

then the assessment will apply to 10% 

(40%¥30%) of the pieces in the 

mailing. 

• If 80% of COAs were not updated, 

then the assessment will apply to 50% 

(80%¥30%) of the pieces in the 

mailing. 

We will analyze the results of the PBV 

samples periodically, and will adjust 

the tolerance as needed to ensure the 

effectiveness of mailers’ Move Update 

processes. 

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) 

* * * * * 

200 Commercial Mail Letters and 

Cards 

* * * * * 

230 First-Class Mail 

233 Prices and Eligibility 

* * * * * 

3.0 Basic Standards for First-Class 

Mail Letters 

* * * * * 

3.5 Move Update Standard 

* * * * * 

[Add new 3.5.4 to read as follows:] 

3.5.4 Basis for Additional Postage 

Assessments 

Pieces in mailings that were not 

addressed in accordance with the Move 

Update Standard (under 3.5) are 

ineligible for presort postage prices. 

Pieces subject to an additional postage 

assessment at the time of mailing for 

change-of-address errors are subject to 

additional postage of $0.07 per assessed 

piece according to procedures published 

in the Move Update Mailer Advisement 

Policy, available at ribbs.usps.gov. 

* * * * * 

240 Standard Mail 

243 Prices and Eligibility 

* * * * * 

3.0 Basic Standards for Standard Mail 

Letters 

* * * * * 

3.9 Move Update Standard 

3.9.1 Basic Standards 

* * * Addresses subject to the Move 

Update standard must meet these 

requirements: 

* * * * * 

[Delete item d in its entirety.] 

* * * * * 

[Add new 3.9.4 to read as follows:] 

3.9.4 Basis for Additional Postage 

Assessment 

Pieces in mailings that were not 

addressed in accordance with the Move 

Update Standard (under 3.9) are 

ineligible for Standard Mail prices. 

Pieces subject to an additional postage 

assessment at the time of mailing for 

change of address errors are subject to 

additional postage of $0.07 per assessed 

piece according to procedures published 

in the Move Update Mailer Advisement 

Policy, available at ribbs.usps.gov. 

* * * * * 

300 Commercial Mail Flats 

* * * * * 

330 First-Class Mail 

333 Prices and Eligibility 

* * * * * 

3.0 Eligibility Standards for FirstClass Mail Flats 

* * * * * 

3.5 Move Update Standards 

* * * * * 

[Add new 3.5.4 to read as follows:] 

3.5.4 Basis for Additional Postage 

Assessment 

Pieces in mailings that were not 

addressed in accordance with the Move 

Update Standard (under 3.5) are 

ineligible for presort postage prices. 

Pieces subject to an additional postage 

assessment at the time of mailing for 

change of address errors are subject to 

additional postage of $0.07 per assessed 

piece according to procedures published 

in the Move Update Mailer Advisement 

Policy, available at ribbs.usps.gov. 

* * * * * 

340 Standard Mail 

343 Prices and Eligibility 

* * * * * 

3.0 Basic Standards for Standard Mail 

Flats 

* * * * * 

3.9 Move Update Standard 

3.9.1 Basic Standards 

* * * Addresses subject to the Move 

Update standard must meet these 

requirements: 

* * * * * 

[Delete item d in its entirety.] 

* * * * * 

[Add new 3.9.4 to read as follows:] 

3.9.4 Basis for Additional Postage 

Assessment 

Pieces in mailings that were not 

addressed in accordance with the Move 

Update Standard (under 3.9) are 

ineligible for Standard Mail prices. 

Pieces subject to an additional postage 

assessment at the time of mailing for 

change of address errors are subject to 

additional postage of $0.07 per assessed 

piece according to procedures published 

in the Move Update Mailer Advisement 

Policy, available at ribbs.usps.gov. 

* * * * * 

400 Commercial Parcels 

* * * * * 

430 First-Class Mail 

433 Prices and Eligibility 

* * * * * 


pwalker on DSK8KYBLC1PROD with RULES
55142 Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Rules and Regulations 

3.0 Basic Standards for First-Class 

Mail Parcels 

* * * * * 

3.5 Move Update Standard 

* * * * * 

[Add new 3.5.4 to read as follows:] 

3.5.4 Basis for Additional Postage 

Assessment 

Pieces in mailings that were not 

addressed in accordance with the Move 

Update Standard (under 3.5) are 

ineligible for presort postage prices. 

Pieces subject to an additional postage 

assessment at the time of mailing for 

change of address errors are subject to 

additional postage of $0.07 per assessed 

piece according to procedures published 

in the Move Update Mailer Advisement 

Policy, available at ribbs.usps.gov. 

* * * * * 

440 Standard Mail 

443 Prices and Eligibility 

* * * * * 

3.0 Basic Standards for Standard Mail 

Parcels 

* * * * * 

3.9 Move Update Standard 

3.9.1 Basic Standards 

* * * Addresses subject to the Move 

Update standard must meet these 

requirements: 

* * * * * 

[Delete item d in its entirety.] 

* * * * * 

[Add new 3.9.4 to read as follows:] 

3.9.4 Basis for Additional Postage 

Assessment 

Pieces in mailings that were not 

addressed in accordance with the Move 

Update Standard (under 3.9) are 

ineligible for presort postage prices. 

Pieces subject to an additional postage 

assessment at the time of mailing for 

change of address errors are subject to 

additional postage of $0.07 per assessed 

piece according to procedures published 

in the Move Update Mailer Advisement 

Policy, available at ribbs.usps.gov. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR Part 111 to reflect 

these changes. 

Stanley F. Mires, 

Chief Counsel. 

[FR Doc. E9–25462 Filed 10–26–09; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52, 60 and 61 

[FRL–8973–6] 

Change of Address for Region 4 State 

and Local Agencies; Technical 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: EPA is correcting the 

addresses for EPA Region 4 State and 

local agencies in EPA regulations. The 

jurisdiction of EPA Region 4 includes 

the States of Alabama, Florida, Georgia, 

Kentucky, Mississippi, North Carolina, 

South Carolina and Tennessee. Certain 

EPA air pollution control regulations 

requiring submittal of notifications, 

reports and other documents to the EPA 

Regional office, must also be submitted 

to the appropriate authorized State or 

local agency. This technical amendment 

updates and corrects the addresses for 

submitting such information to the EPA 

Region 4 State and local agency offices. 

DATES: Effective Date: This action is 

effective October 27, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Deanne Grant, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, Region 4, U.S. Environmental 

Protection Agency, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9291. 

Ms. Grant can also be reached via 

electronic mail at 

grant.deanne@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA is 

correcting the addresses for EPA Region 

4 State and local agencies in EPA 

regulations found at 40 CFR parts 52, 60 

and 61. Certain EPA air pollution 

control regulations requiring submittal 

of notifications, reports and other 

documents to the EPA regional office, 

must also be submitted to the 

appropriate authorized State and local 

agency. This technical amendment 

updates and corrects the address for 

submitting such information to the EPA 

Region 4 State and local agency offices. 

EPA has determined that today’s rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation and section 

553(d)(3) which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

State programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

updating citations. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves State law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L.104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 


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