Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Proposed Rules 10405

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)). A determination has been

made that such decisions are

categorically excluded from the NEPA

process (516 DM 8.4.A).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by the Office of

Management and Budget under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The State submittal

which is the subject of this rule is based

upon counterpart Federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Therefore, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart Federal regulations.

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5.

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule:

a. Does not have an annual effect on

the economy of $100 million.

b. Will not cause a major increase in

costs or prices for consumers,

individual industries, federal, state, or

local government agencies, or

geographic regions.

c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S. based enterprises to

compete with foreign-based enterprises.

This determination is based upon the

fact that the State submittal which is the

subject of this rule is based upon

counterpart Federal regulations for

which an analysis was prepared and a

determination made that the Federal

regulation was not considered a major

rule.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 936

Intergovernmental relations, Surface

mining, Underground mining.

Dated: February 6, 2001.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

[FR Doc. 01–3837 Filed 2–14–01; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 938

[PA–132–FOR]

Pennsylvania Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the

Pennsylvania regulatory program

(Pennsylvania program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of

excerpts of House Bill 393 containing

costs in mine proceedings legislation.

The amendment is intended to revise

the Pennsylvania program to be

consistent with the corresponding

federal regulations.

DATES: If you submit written comments,

they must be received by 4 p.m. (local

time), March 19, 2001. If requested, a

public hearing on the proposed

amendment will be held on March 12,

2001. Requests to speak at the hearing

must be received by 4 p.m. (local time),

on March 2, 2001.

ADDRESSES: Mail or hand-deliver your

written comments and requests to speak

at the hearing to Mr. Robert J. Biggi, at

the address listed below.

You may review copies of the

Pennsylvania program, the proposed

amendment, a listing of any scheduled

public hearings, and all written

comments received in response to this

document at the addresses listed below

during normal business hours, Monday

through Friday, excluding holidays. You

may receive one free copy of the

proposed amendment by contacting

OSM’s Harrisburg Field Office.

Robert J. Biggi, Director, Office of

Surface Mining Reclamation and

Enforcement, Harrisburg Field Office,

Harrisburg Transportation Center, Third

Floor, Suite 3C, 4th and Market Streets,

Harrisburg, Pennsylvania 17101,

Telephone: (717)782–4036, e-mail:

bbiggi@osmre.gov.

Pennsylvania Department of

Environmental Protection, Bureau of

Mining and Reclamation, Rachel Carson

State Office Building, P.O. Box 8461,

Harrisburg, Pennsylvania 17105–8461,

Telephone: (717)787–5103.

FOR FURTHER INFORMATION CONTACT:

Robert J. Biggi, Director, Harrisburg

Field Office, Telephone: (717)782–4036.

SUPPLEMENTARY INFORMATION:

I. Background on the Pennsylvania

Program

On July 31, 1982, the Secretary of the

Interior conditionally approved the

Pennsylvania program. You can find

background information on the

Pennsylvania program, including the

Secretary’s findings, the disposition of

comments, and the conditions of the

approval in the July 31, 1982, Federal

Register (47 FR 33050). You can find

subsequent actions concerning the

conditions of approval and program

amendments at 30 CFR 938.11, 938.12,

938.15 and 938.16.

II. Description of the Proposed

Amendment

By letter dated January 3, 2001,

(Administrative Record No. PA–848.25),

Pennsylvania submitted a proposed

amendment to its program at the

Pennsylvania Consolidated Statutes,

Title 27 (Environmental Resources),

Chapter 77, section 7708. The full text

of the amendment is:

Excerpts of House Bill 393 Containing Costs

in Mine Proceedings Legislation

Amending Title 27

(Environmental Resources) of the

Pennsylvania Consolidated Statutes,

providing for participation in environmental

law or regulation and for costs in mining

proceedings.

The General Assembly of the

Commonwealth of Pennsylvania hereby

enacts as follows:

Section 1. Title 27 of the Pennsylvania

Consolidated Statutes is amended by adding

chapters to read:

Subpart A

General provisions

Chapter 77. Costs and fees

Sec. 7708. Costs for mining proceedings.

(A) Purpose.—This section establishes

costs and fees available in proceedings

involving coal mining activities. The purpose

of this section is to provide costs and fees to

the same extent of section 525(e) of the

Surface Mining Control and Reclamation Act

of 1977 (Public Law 95–87, 30 U.S.C. § 1201

10406 Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Proposed Rules

et seq.) and the regulations promulgated

pursuant thereto. It is hereby determined that

it is in the public interest for the

Commonwealth to maintain primary

jurisdiction over the enforcement and

administration of the Surface Mining Control

and Reclamation Act of 1977 and that the

purpose of this section is to maintain primary

jurisdiction over coal mining in this

Commonwealth but in no event to authorize

standards which are more stringent than

federal standards for the award of costs and

fees.

(B) General rule.—Any party may file a

petition for award of costs and fees

reasonably incurred as a result of that party’s

participation in any proceeding involving

coal mining activities which results in a final

adjudication being issued by the

Environmental Hearing Board or a final order

being issued by an appellate court.

(C) Recipients of awards.—Appropriate

costs and fees incurred for a proceeding

concerning coal mining activities may be

awarded:

(1) To any party from the permittee, if:

(i) The party initiates or participates in any

proceeding reviewing enforcement actions

upon a finding that a violation of a

commonwealth coal mining act, regulation or

permit has occurred or that an imminent

hazard existed.

(ii) The Environmental Hearing Board

determines that the party made a substantial

contribution to the full and fair

determination of the issues.

Except that the contribution of a party who

did not initiate a proceeding shall be separate

and distinct from the contribution made by

a party initiating the proceeding.

(2) To any party, other than a permittee or

his representative, from the department, if

that party:

(i) Initiates or participates in any

proceeding concerning coal mining activities.

(ii) Prevails in whole or in part, achieving

at least some degree of success on the merits.

Upon a finding that the party made a

substantial contribution to a full and fair

determination of the issues.

(3) To a permittee from the department

when the permittee demonstrates that the

department in a matter concerning coal

mining activities issued an order of cessation,

a compliance order or an order to show cause

why a permit should not be suspended or

revoked, in bad faith and for the purpose of

harassing or embarrassing the permittee.

(4) To a permittee from any party where

the permittee demonstrates that the party, in

bad faith and for the purpose of harassing or

embarrassing the permittee:

(i) Initiated a proceeding under one or

more of the coal mining acts or the

regulations promulgated pursuant to any of

those acts concerning coal mining activities;

Or

(ii) participated in such a proceeding in

bad faith for the purpose of harassing or

embarrassing the permittee.

(D) Time for filing.—the petition for an

award of costs and fees shall be filed with the

Environmental Hearing Board within 30 days

of the date an adjudication of the

Environmental Hearing Board becomes final.

(E) Contents of petition.—A petition filed

under this section shall include the name of

the party from whom costs and fees are

sought and the following shall be submitted

in support of the petition:

(1) An affidavit setting forth in detail all

reasonable costs and fees reasonably incurred

for or in connection with the party’s

participation in the proceeding.

(2) Receipts or other evidence of such costs

and fees.

(3) Where attorney fees are claimed,

evidence concerning the hours expended on

the case, the customary commercial rate of

payment for such services in the area and the

experience, reputation and ability of the

individual or individuals performing the

services.

(F) Answer.—Any party shall have 30 days

from service of the petition within which to

file an answer to such petition.

(G) Exclusive remedy.—Except for section

601 of the act of June 22, 1937 (Pub. L. 1987,

No. 394), known as the Clean Streams Law,

Section 18.3 of the act of May 31, 1945 (Pub.

L. 1198, No. 418), known as the Surface

Mining Conservation and Reclamation Act,

Section 13 of the Act of April 27, 1966 (1st

Sp.Sess., Pub. L. 31, No. 1), known as the

Bituminous Mine Subsidence and Land

Conservation Act and Section 13 of the act

of September 24, 1968 (Pub. L. 1040, No.

318), known as the Coal Refuse Disposal

Control Act, this section shall be the

exclusive remedy for the awarding of costs

and fees in proceedings involving coal

mining activities.

(H) Definitions.—The following words and

phrases when used in this section shall have

the meanings given to them in this

subsection unless the context clearly

indicates otherwise:

Coal mining activities. The extraction of

coal from the earth, waste or stockpiles, pits

or banks by removing the strata or material

which overlies or is above or between them

or otherwise exposing and retrieving them

from the surface, including, but not limited

to, strip mining, auger mining, dredging,

quarrying and leaching and all surface

activity connected with surface or

underground coal mining, including, but not

limited to, exploration, site preparation, coal

processing or cleaning, coal refuse disposal,

entry, tunnel, drift, slope, shaft and borehole

drilling and construction, road construction,

use, maintenance and reclamation, water

supply restoration or replacement, repair or

compensation for damages to structures

caused by underground coal mining and all

activities related thereto.

Coal mining acts. The provisions of the act

of June 22, 1937 (Pub. L. 1987, No. 394),

known as the Clean Streams Law, the act of

May 31, 1945 (Pub. L. 1198, No. 418), known

as the Surface Mining Conservation and

Reclamation Act, the Act of April 27, 1966

(1st 27 Sp.Sess., Pub. L. 31, No. 1), known

as the Bituminous Mine Subsidence and

Land Conservation Act, and the act of

September 24, 1968 (Pub. L. 1040, No. 318),

known as the Coal Refuse Disposal Control

Act, which govern coal mining or activities

related to coal mining.

Costs and fees. All reasonable costs and

expenses, including attorney fees and expert

witness fees, reasonably incurred as a result

of participation in a proceeding involving

coal mining activities.

Department. The Department of

Environmental Protection of the

Commonwealth.

Proceeding. Appeals of final Department of

Environmental Protection actions before the

Environmental Hearing Board and judicial

review of Environmental Hearing Board

adjudications.

Section 2. (A) The following acts or parts

of acts are repealed:

The fifth sentence of section 4(b) and

subsection (f)(5) of section 4.2 of the act of

May 31, 1945 (Pub. L. 1198, No. 418), known

as the Surface Mining Conservation and

Reclamation Act.

The last sentence of section 5(g) of the act

of April 27,1966 (1st Sp.Sess., Pub. L. 31, No.

1), known as the Bituminous Mine

Subsidence and Land Conservation Act.

The last sentence of section 5(i) of the act

of September 24, 1968 (Pub. L. 1040, No.

318), known as the Coal Refuse Disposal

Control Act.

(B) All other acts and parts of acts are

repealed insofar as they are inconsistent with

this act.

Section 3. The addition of 27 Pa.C.S.

Section 7708 shall apply to all proceedings

and petitions for costs and fees filed after the

effective date of this act.

Section 4. This act shall take effect as

follows:

(1) The following provisions shall take

effect immediately:

(i) The addition of 27 Pa.C.S. Section 7708.

(ii) this section.

(2) The remainder of this act shall take

effect in 60 days.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is seeking

comments on whether the proposed

amendment satisfies the applicable

program approval criteria of 30 CFR

732.15. If the amendment is deemed

adequate, it will become part of the

Pennsylvania program.

Written Comments: If you submit

written or electronic comments on the

proposed rule during the 30-day

comment period, they should be

specific, should be confined to issues

pertinent to the notice, and should

explain the reason for your

recommendation(s). We may not be able

to consider or include in the

Administrative Record comments

delivered to an address other than the

one listed above (see ADDRESSES).

Electronic Comments: Please submit

Internet comments as an ASCII,

WordPerfect, or Word file avoiding the

use of special characters and any form

of encryption. Please also include ‘‘Attn:

SPATS NO. PA–132–FOR’’ and your

name and return address in your

Internet message. If you do not receive

a confirmation that we have received

your Internet message, contact the

Harrisburg Field Office at (717) 782–

4036.

Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Proposed Rules 10407

Availability of Comments: Our

practice is to make comments, including

names and home addresses of

respondents, available for public review

during regular business hours at the

OSM Administrative Record Room (see

ADDRESSES). Individual respondents

may request that we withhold their

home address from the rulemaking

record, which we will honor to the

extent allowable by law. There also may

be circumstances in which we would

withhold from the rulemaking record a

respondent’s identity, as allowable by

law. If you wish us to withhold your

name and/or address, you must state

this prominently at the beginning of

your comment. However, we will not

consider anonymous comments. We

will make all submissions from

organizations or businesses, and from

individuals identifying themselves as

representatives or officials of

organizations or businesses, available

for public inspection in their entirety.

Public Hearing: If you wish to speak

at the public hearing, you should

contact the person listed under FOR

FURTHER INFORMATION CONTACT by 4 p.m.

(local time), on March 2, 2001. The

location and time of the hearing will be

arranged with those persons requesting

the hearing. If no one requests an

opportunity to speak at the public

hearing, the hearing will not be held.

To assist the transcriber and ensure an

accurate record, we request, if possible,

that each person who testifies at a

public hearing provide us with a written

copy of his or her testimony. The public

hearing will continue on the specified

date until all persons scheduled to

speak have been heard. If you are in the

audience and have not been scheduled

to speak and wish to do so, you will be

allowed to speak after those who have

been scheduled. We will end the

hearing after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

Any disabled individual who has

need for a special accommodation to

attend a public hearing should contact

the individual listed under FOR FURTHER

INFORMATION CONTACT.

Public Meeting: If only one person

requests an opportunity to speak at a

hearing, a public meeting, rather than a

public hearing, may be held. If you wish

to meet with OSM representatives to

discuss the proposed amendment, you

may request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

Administrative Record.

Procedural Determinations

Executive Order 12866—Regulatory

Planning and Review

This rule is exempted from review by

the Office of Management and Budget

under Executive Order 12866.

Executive Order 12630—Takings

This rule does not have takings

implications. This determination is

based on the analysis performed for the

counterpart federal regulation.

Executive Order 13132—Federalism

This rule does not have federalism

implications. SMCRA delineates the

roles of the federal and state

governments with regard to the

regulation of surface coal mining and

reclamation operations. One of the

purposes of SMCRA is to ‘‘establish a

nationwide program to protect society

and the environment from the adverse

effects of surface coal mining

operations.’’ Section 503(a)(1) of

SMCRA requires that state laws

regulating surface coal mining and

reclamation operations be ‘‘in

accordance with’’ the requirements of

SMCRA, and section 503(a)(7) requires

that state programs contain rules and

regulations ‘‘consistent with’’

regulations issued by the Secretary

pursuant to SMCRA.

Executive Order 12988—Civil Justice

Reform

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988 and

has determined that, to the extent

allowed by law, this rule meets the

applicable standards of subsections (a)

and (b) of that section. However, these

standards are not applicable to the

actual language of state regulatory

programs and program amendments

since each such program is drafted and

promulgated by a specific state, not by

OSM. Under sections 503 and 505 of

SMCRA (30 U.S.C. 1253 and 1255) and

30 CFR 730.11, 732.15, and

732.17(h)(10), decisions on proposed

state regulatory programs and program

amendments submitted by the states

must be based solely on a determination

of whether the submittal is consistent

with SMCRA and its implementing

federal regulations and whether the

other requirements of 30 CFR Parts 730,

731, and 732 have been met.

National Environmental Policy Act

Section 702(d) of SMCRA (30 U.S.C.

1292(d)) provides that a decision on a

proposed state regulatory program

provision does not constitute a major

federal action within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (NEPA) (42

U.S.C. 4332(2)(C)). A determination has

been made that such decisions are

categorically excluded from the NEPA

process (516 DM 8.4.A).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by the Office of

Management and Budget under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The state submittal

which is the subject of this rule is based

upon counterpart federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the state. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart federal regulation.

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule:

a. Does not have an annual effect on

the economy of $100 million.

b. Will not cause a major increase in

costs or prices for consumers,

individual industries, federal, state, or

local government agencies, or

geographic regions.

c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S. based enterprises to

compete with foreign-based enterprises.

This determination is based upon the

fact that the state submittal which is the

subject of this rule is based upon

counterpart federal regulations for

which an analysis was prepared and a

determination made that the federal

regulation was not considered a major

rule.

10408 Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Proposed Rules

1CSAC is an advisory body created by the Postal

Service to provide technical information, advice,

and recommendations to the Postal Service on

subjects for postage stamps. See ‘‘Administrative

Support Manual’’ § 644.5. It also provides broad

judgment and experience on various factors that

lead to the issuance of stamps and establishes

criteria for selecting stamp subjects. CSAC’s fifteen

members reflects a wide range of educational,

artistic, historical, and professional expertise.

Members are appointed by, and serve at the

pleasure of, the Postmaster General.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 938

Intergovernmental relations, Surface

mining, Underground mining.

Dated: January 18, 2001.

Vann Weaver,

Acting Regional Director, Appalachian

Regional Coordinating Center.

[FR Doc. 01–3836 Filed 2–14–01; 8:45 am]

BILLING CODE 4310–05–P

POSTAL SERVICE

39 CFR Part 551

Semipostal Stamp Program

AGENCY: Postal Service.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

create implementation regulations for

the Semipostal Authorization Act,

which authorizes the Postal Service to

issue and sell semipostal postage

stamps. Semipostal stamps are intended

to raise funds for causes determined by

the Postal Service to be in the public

interest and appropriate. The proposed

regulations relate to the selection

procedures for causes and recipient

executive agencies, the offices and

authorities responsible for making

decisions related to causes and recipient

executive agencies, the criteria to be

applied in evaluating proposals for

causes and recipient executive agencies,

sales limitations, the calculation of

amounts to be transferred to executive

agencies, and the determination of costs

to be offset from differential revenue.

DATES: Comments must be received on

or before March 19, 2001.

ADDRESSES: Written comments should

be mailed or delivered to the Manager,

Stamp Services, ATTN: Semipostal

Proposed Rules, 475 L’Enfant Plaza SW.,

Room 5670, Washington, DC 20260–

2435, or sent via e-mail at the address

posted on the Postal Service’s Internet

Web site at www.usps.com. Copies of

all written comments will be available

for inspection and photocopying

between 9 a.m. and 4 p.m., Monday

through Friday, in the Postal Service

Library, at the above address.

Arrangements should be made in

advance for inspection by contacting

(202) 268–2900.

FOR FURTHER INFORMATION CONTACT:

Cindy Tackett, (202) 268–6555.

SUPPLEMENTARY INFORMATION:

I. Introduction

The Semipostal Authorization Act,

Pub. Law No. 106–253, 114 Stat. 634

(2000) (hereinafter ‘‘Act’’), authorizes

the Postal Service to establish a ten-year

program to sell semipostal stamps. The

differential between the price of a

semipostal stamp and the First-Class

Mail service rate, less an offset for the

reasonable costs of the Postal Service,

consists of an amount to fund causes

that the ‘‘Postal Service determines to be

in the national public interest and

appropriate.’’ By law, revenue from

sales, net of postage and the reasonable

costs of the Postal Service, is to be

transferred to selected executive

agencies within the meaning of 5 U.S.C.

105.

The Governors of the Postal Service

are authorized to set prices for

semipostal stamps according to a

formula prescribed in the Act.

Specifically, the Act prescribes that the

price of a semipostal stamp is the ‘‘rate

of postage that would otherwise

regularly apply,’’ plus a differential, i.e.,

the difference between sales revenue

and postage, of not to exceed 25 percent.

This is essentially the same formula

prescribed by the Stamp Out Breast

Cancer Act, Pub. L. No. 105–41, 111

Stat. 1119 (1997).

II. Statutory Requirements for

Regulations

The Act provides that the Postal

Service is to promulgate certain

regulations via a notice and comment

rulemaking. Specifically, the Postal

Service must identify the ‘‘office or

other authority within the Postal

Service’’ to make decisions on the

‘‘appropriate causes and agencies’’

eligible to receive amounts becoming

available from differential revenue less

an offset for the reasonable costs of the

Postal Service. The Postal Service is also

directed to issue regulations on the

‘‘criteria and procedures’’ to be applied

in making decisions on recipient

executive agencies and causes. The Act

further requires the Postal Service to

identify ‘‘what limitations shall apply, if

any, relating to the issuance of

semipostals (such as whether more than

one semipostal may be offered for sale

at the same time).’’ Finally, the Postal

Service’s regulations must ‘‘specifically

address how the costs incurred by the

Postal Service . . . shall be computed,

recovered, and kept to a minimum.’’

III. Summary of Proposed Regulations

The proposed rules are intended to

enable the Postal Service to fulfill the

Act’s objectives. Proposed section 551.1

provides that the office of Stamp

Services is primarily responsible for the

Semipostal Stamp Program, and that the

office of Controller has primary

responsibility for financial issues

related to the program.

Proposed section 551.2 describes

semipostal stamps, and defines the

differential to be the difference between

the sales price and the postage value of

semipostal stamps at the time of

purchase.

Proposed section 551.3 establishes a

procedure for the selection of causes

and recipient executive agencies. From

time to time, the Postal Service will

publish a request for proposals in the

Federal Register inviting interested

persons to submit proposals for

consideration. Proposals will be

reviewed by the office of Stamp Services

for consistency with the selection

criteria in proposed section 551.4.

Those proposals deemed to be eligible

for consideration will be forwarded to

the Citizens’ Stamp Advisory

Committee (CSAC).1 CSAC will review

the eligible proposals and make

recommendations to the Postmaster

General, who will act on those

recommendations. Special rules would

apply if more than one proposal is

submitted for the same cause, with

different executive agencies proposed to

receive the funds. In those cases, the

funds would be evenly divided, unless

an agency can demonstrate it is entitled

to a larger share. In those instances, the

Postal Service’s vice president and

Consumer Advocate would determine

the share for each executive agency.

Proposed section 551.4 would

establish the submission requirements

and selection criteria. Interested

persons, defined to include individuals,

corporations, associations, and

executive agencies, may submit

proposals. Proposals must satisfy certain

technical requirements, and provide a

description of the cause to be funded.

The submission must also demonstrate

that the cause has broad national

appeal, and the cause is in the national

public interest and furthers human

welfare. Submissions must be

accompanied by a letter from an

executive agency designated to receive

the funds. The letter provides assurance

that the agency is qualified to receive