Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 34251 

contacted on VHF–FM marine band 

radio channel 13 (165.65 Mhz) and 

channel 16 (156.8 Mhz). 

(d) Enforcement Period: This 

regulation will be enforced from 8 a.m. 

to 11 p.m. beginning July 30, 2009, to 

August 8, 2009. 

Dated: July 2, 2009. 

M.S. Ogle, 

Captain, U.S. Coast Guard Captain of the 

Port Hampton Roads. 

[FR Doc. E9–16829 Filed 7–14–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL SERVICE 

39 CFR Part 111 

Price Marking Requirements for 

Commercial Base and Commercial 

Plus Pricing 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is 

implementing new price marking 

requirements on Express Mail® and 

Priority Mail® pieces mailed at 

commercial base and commercial plus 

prices. The new markings are needed to 

fulfill our revenue reporting and 

revenue assurance requirements. 

DATES: Effective Date: November 2, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Monica Grein, 202–268–8411. 

SUPPLEMENTARY INFORMATION: On April 

3, 2009, the Postal Service published a 

Federal Register proposed rule (Volume 

74, Number 63, pages 15226–15227) 

inviting comments on a revision to 

require price markings on Express Mail 

and Priority Mail pieces mailed at 

commercial base and commercial plus 

prices. We received two sets of 

comments. After reviewing those 

comments, and upon further 

consideration of the proposed revisions, 

the Postal Service has decided to adopt 

the proposed regulations with no 

revisions. 

As noted in the SUPPLEMENTARY

INFORMATION section of the proposed 

rule, the Postal Service is revising the 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®) to require price markings on 

Express Mail and Priority Mail pieces 

mailed at the commercial base or the 

commercial plus prices. The new 

markings will help us determine which 

price was applied to these pieces, and 

verify that the pieces qualify for the 

price claimed. The markings must 

appear on pieces paid by any means 

except permit imprint or Express Mail 

Corporate Account. 

Under this final rule, mailers must 

print or produce as part of the meter 

imprint or PC Postage® indicia— 

‘‘Commercial Base Price,’’ ‘‘Commercial 

Base Pricing,’’ or ‘‘ComBasPrice,’’ for 

pieces paid at the Commercial Base 

price; and ‘‘Commercial Plus Price,’’ 

‘‘Commercial Plus Pricing,’’ or 

‘‘ComPlsPrice’’ for pieces paid at the 

Commercial Plus price. The appropriate 

marking must appear directly above, 

directly below, or to the left of the 

postage. 

Evaluation of Comments Received 

The Postal Service received two sets 

of comments. Both of the comments 

suggested that the Postal Service allow 

the markings ‘‘Express CBP’’ and 

‘‘Priority CBP.’’ We have decided not to 

add these markings to the list of 

acceptable price markings because 

‘‘Priority Mail’’ and ‘‘Express Mail’’ are 

trademarks owned by the Postal Service 

for expedited delivery services and 

expedited delivery packaging. The use 

of an incomplete trademark, i.e., the 

single words ‘‘Priority’’ or ‘‘Express’’ on 

‘‘Priority Mail’’ pieces or ‘‘Express 

Mail’’ pieces is unacceptable to the 

Postal Service. 

One commenter also asked that we 

extend our effective date past the 90 

days we proposed. Even though the 

Postal Service thinks 90 days is 

sufficient time to conform to this rule, 

mailers requiring additional time may 

submit a request for an exception to the 

Manager, Mailing Standards. Requests 

will be evaluated based on the 

circumstances of the individual mailer’s 

progress towards transition. 

The Postal Service adopts the 

following changes to Mailing Standards 

of the United States Postal Service, 

Domestic Mail Manual (DMM®), which 

is 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: 

* * * * * 

400 Commercial Parcels 

* * * * * 

402 Elements on the Face of a 

Mailpiece 

* * * * * 

2.0 Placement and Content of 

Markings 

[Renumber 2.1 through 2.5 as 2.2 

through 2.6 and add new 2.1, Express 

Mail and Priority Mail Markings, as 

follows:] 

2.1 Express Mail and Priority Mail 

Markings 

Except for pieces paid using permit 

imprint or an Express Mail Corporate 

Account, Express Mail and Priority Mail 

pieces claiming the commercial base or 

commercial plus price must bear the 

appropriate price marking, printed on 

the piece or produced as part of the 

meter imprint or PC Postage indicia. 

Place the marking directly above, 

directly below, or to the left of the 

postage. Markings are as follows: a. 

‘‘Commercial Base Price,’’ ‘‘Commercial 

Base Pricing,’’ or ‘‘ComBasPrice.’’ b. 

‘‘Commercial Plus Price,’’ ‘‘Commercial 

Plus Pricing,’’ or ‘‘ComPlsPrice.’’ 

* * * * * 

410 Express Mail 

* * * * * 

415 Mail Preparation 

[Reorganize and revise section 1.0 by 

adding a new 1.2 as follows:] 

1.0 General Information for Mail 

Preparation 

1.1 Express Mail Packaging Provided 

by the USPS 

Express Mail packaging provided by 

the USPS must be used only for Express 

Mail. Regardless of how the packaging 

is reconfigured or how markings may be 

obliterated, any material mailed in 

USPS-provided Express Mail packaging 

is charged the appropriate Express Mail 

price. 

1.2 Price Marking 

Except for pieces paid using an 

Express Mail Corporate Account, 

Express Mail pieces claiming the 

commercial base or commercial plus 

price must bear the appropriate price 

marking, printed on the piece or 

produced as part of the meter imprint or 

PC Postage indicia. Place the marking 

directly above, directly below, or to the 

left of the postage. Markings are as 

follows: 


srobinson on DSKHWCL6B1PROD with RULES
34252 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations 

a. ‘‘Commercial Base Price,’’ 

‘‘Commercial Base Pricing,’’ or 

‘‘ComBasPrice.’’ 

b. ‘‘Commercial Plus Price,’’ 

‘‘Commercial Plus Pricing,’’ or 

‘‘ComPlsPrice.’’ 

* * * * * 

420 Priority Mail 

* * * * * 

425 Mail Preparation 

* * * * * 

2.0 Marking 

[Reorganize and revise section 2.0 as 

follows:] 

2.1 Product Marking 

The marking ‘‘Priority Mail’’ must be 

placed prominently on the address side 

of each piece of Priority Mail. 

2.2 Price Marking 

Except for pieces paid using permit 

imprint, Priority Mail pieces claiming 

the commercial base or commercial plus 

price must bear the appropriate price 

marking, printed on the piece or 

produced as part of the meter imprint or 

PC Postage indicia. Place the marking 

directly above, directly below, or to the 

left of the postage. Markings are as 

follows: 

a. ‘‘Commercial Base Price,’’ 

‘‘Commercial Base Pricing,’’ or 

‘‘ComBasPrice.’’ 

b. ‘‘Commercial Plus Price,’’ 

‘‘Commercial Plus Pricing,’’ or 

‘‘ComPlsPrice.’’ 

* * * * * 

Stanley F. Mires, 

Attorney, Legislative. 

[FR Doc. E9–16205 Filed 7–14–09; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0458; FRL–8423–8] 

Fenamidone; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of fenamidone in 

or on cilantro, leaves; grape; okra; 

turnip, greens; and vegetable, root, 

except sugar beet, subgroup 1B, except 

radish; and combined residues of 

fenamidone and its metabolite RPA 

717879 in or on corn, field, forage; corn, 

field, grain; corn, field, stover; corn, 

sweet, forage; corn, sweet, kernel plus 

cob with husks removed; corn, sweet, 

stover; soybean, forage; soybean, hay; 

and soybean, seed. It also removes 

existing permanent and time-limited 

tolerances on carrot that are superseded 

by the new tolerance on vegetable, root, 

except sugar beet, subgroup 1B, except 

radish. The new tolerance on grape will 

be a tolerance with regional registration 

(East of the Rocky Mountains) and will 

replace the current tolerance which is 

restricted to imported grapes. 

Interregional Research Project Number 4 

(IR–4) and Bayer CropScience requested 

these tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective July 

15, 2009. Objections and requests for 

hearings must be received on or before 

September 14, 2009, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0458. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

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

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Susan Stanton, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–5218; e-mail address: 

stanton.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing electronically 

available documents at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

cite at http://www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2008–0458 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

as required by 40 CFR part 178 on or 

before September 14, 2009. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 


srobinson on DSKHWCL6B1PROD with RULES