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27436 Federal Register / Vol. 71, No.

91 / Thursday, May 11, 2006 / Proposed Rules

§ 165.T09–025 Safety Zone; TCF Bank Dated: April 26, 2006. accompanied by several
Milwaukee Air Expo Milwaukee, Wisconsin. S.P. LaRochelle, contemporaneous notices and motions.
(a) Location. The following area is a Captain, U.S. Coast Guard, Captain of the The Service filed the Request
Port Sector Lake Michigan. pursuant to chapter 36 of title 39,
Safety Zone: All waters within the
[FR Doc. 06–4393 Filed 5–10–06; 8:45 am] United States Code, based on its
following coordinates: starting at
determination that such changes would
43°01.606′ N, 087°53.041′ W; then BILLING CODE 4910–15–M
be in the public interest and in
northeast to 43°03.335′ N, 087°51.679′ accordance with policies of that title.
W; then northwest to 43°03.583′ N, The filing of the Request triggers a
087°52.265′ W; then going southwest to POSTAL RATE COMMISSION statutory process mandated by 39 U.S.C.
43°01.856′ N, 087°53.632′ W; then 3624. This process involves an
returning back to point of origin. These 39 CFR Part 3001 opportunity for public hearings on the
coordinates are based upon North Service’s proposals. It also requires
American Datum 1983. [Order No. 1464; Docket No. R2006–1] issuance of the Commission’s
(b) Effective Dates and Times. This recommended decision within 10
safety zone is effective from 1 p.m. Postal Rate and Fee Changes months of the date of the Service’s
(local) on July 14, 2006 through 5 p.m. AGENCY: Postal Rate Commission. filing.
on July 17, 2006. This safety zone will ACTION: Notice and order in omnibus II. Establishment of Formal Docket
be enforced between the hours of 1 p.m. rate filing.
(local) to 5 p.m. (local) on July 14 Establishment of formal docket. The
through 17, 2006. The Captain of the SUMMARY: This document informs the
Commission hereby institutes a
Port Lake Michigan or the on scene proceeding under 39 U.S.C. 3622 and
public that the United States Postal
Patrol Commander may terminate this 3623, designated as Docket No. R2006–
Service has filed a request for a decision
event at anytime. 1, Postal Rate and Fee Changes, to
on proposed changes in essentially all
consider the instant Request. In the
(c) Regulations. In accordance with domestic postage rate and fee changes,
course of consideration, participants
the general regulations in section 165.23 along with proposed classification
may propose alternatives to the
of this part, entry into this zone is changes. It identifies several procedural
Service’s proposals, the Commission
subject to the following requirements: steps the Commission has taken in
may propose certain classification
response to the filing. The request
(1) This safety zone is closed to all changes, and the Service may revise,
reflects a system-wide average increase
marine traffic, except as may be supplement, or amend its filing. The
of 8.5 percent; however, there are
permitted by the Captain of the Port or Commission’s review of the Request,
limited (and in some instances, including any revisions or alternatives
his duly appointed representative. significant) exceptions. (including full or partial settlement
(2) The ‘‘duly appointed DATES: 1. May 31, 2006: deadline for proposals), may result in
representative’’ of the Captain of the interventions, answers to motion for recommendations that differ from
Port is any Coast Guard commissioned, waiver and for protective conditions. 2. proposed rates, fees and classification
warrant or petty officer who has been June 5, 2006: Deadline for answer to changes.
designated by the Captain of the Port motion for waiver of rules regarding This notice apprises the public of the
Lake Michigan, to act on his behalf. The certain library references, and answer to Service’s Request, of the overall
representative of the Captain of the Port motion concerning Forever Stamp. 3. magnitude and scope of the Request,
will be aboard either a Coast Guard or June 7, 2006: Deadline for statements and of the institution of a formal
Coast Guard Auxiliary vessel. identifying topics for prehearing proceeding. It does not address or
(3) Vessel operators desiring to enter conference. 4. June 16, 2006: Prehearing review all aspects of the filing, which is
or operate within the Safety Zone shall conference. comprehensive and complex; therefore,
contact the Captain of the Port or his ADDRESSES: File notices of intervention interested persons are urged to carefully
representative to obtain permission to and other documents electronically via review the filing to determine its impact
do so. Vessel operators given permission the Commission’s Filing Online system on aspects of postal rates, fees and
to enter or operate in the Safety Zone at http://www.prc.gov. classifications that may be of interest to
shall comply with all directions given to FOR FURTHER INFORMATION CONTACT: them.
them by the Captain of the Port or his Stephen L. Sharman, General Counsel, Availability; Web site posting. The
representative. 202–789–6820. Commission has posted the Service’s
Request and most related or supporting
(4) The Captain of the Port may be SUPPLEMENTARY INFORMATION:
material on its Web site at http://
contacted by telephone via the Sector
I. Introduction www.prc.gov. Additional Postal Service
Lake Michigan Operations Center at
Public notice. This order provides filings in this case and participants’
(414) 747–7182 during working hours.
notice to the public that on May 3, 2006, submissions also will be posted on the
Vessels assisting in the enforcement of
the United States Postal Service (Postal Web site, if provided in electronic
the Safety Zone may be contacted on
Service or Service) filed a formal format or amenable to conversion, and
VHF–FM channels 16 or 23A. Vessel
Request with the Postal Rate not subject to a valid protective order.
operators may determine the restrictions
Commission (Commission) for a Information on how to use the
in effect for the safety zone by coming
recommended decision on proposed Commission’s Web site is available
alongside a vessel patrolling the
changes in domestic postage rates, fees online or by contacting the
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perimeter of the Safety Zone. Commission’s Webmaster via telephone


and classifications.1 The Request was
(5) Coast Guard Sector Lake Michigan at 202–789–6873 or via electronic mail
will issue a Marine Safety Information 1 Request of the United States Postal Service for
at prc-webmaster@prc.gov.
Broadcast Notice to Mariners to notify a Recommended Decision on Changes in Rates of
The Service’s Request and related
the maritime community of the Safety Postage and Fees for Postal Services, May 3, 2006 documents are also available for public
Zone and restriction imposed. (Request). inspection in the Commission’s docket

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Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Proposed Rules 27437

section. Docket section hours are 8 a.m. average increase of 8.5%. Id. at 9. In Percent
to 4:30 p.m., Monday through Friday, certain instances, percentage increases
except on federal government holidays. for individual classes and subclasses of Total All Mail ............................ 8.5
Docket section personnel may be mail and Special Services vary USPS–T–31, Exh. USPS–31D.
contacted via electronic mail at prc- considerably from that average. These
dockets@prc.gov or via telephone at departures from the system-wide Special Services. Percentage changes
202–789–6846. average are often due to rate design vary widely for Special Services. A
Paper copies. Intervenors’ options for changes, such as the proposed summary of proposed cost coverages for
obtaining paper copies of the Docket No. introduction of shape-based rates. Special Services appears at USPS–T–31,
2006–1 filing from the Postal Service are First-Class stamp price. The price of Exh. USPS–31B. Detailed development
described in the Notice of the United the First-Class stamp for a single-piece of the proposed fee levels and
States Postal Service Regarding one-ounce letter—traditionally the discussion of other aspects of the filing
Availability and Distribution of Paper Postal Service’s flagship offering and the affecting Special Services is provided in
Copies of the Postal Service’s Direct product most familiar to the general USPS–T–39; USPS–T–40; and USPS–T–
Case, May 3, 2006. public—increases by 3 cents under the 41.
Service’s proposal, thereby going from
III. Overview of the Service’s Filing IV. ‘‘Roadmap’’ Testimony and Master
the current rate of 39 cents to 42 cents.
Contents. The Service’s Docket No. List of Library References
The rate for each additional ounce of
R2006–1 filing includes its formal single-piece First-Class Mail (through 13 Witness Davis (USPS–T–47) presents
Request (with seven attachments); 47 ounces) decreases by 4 cents, going from ‘‘roadmap’’ testimony in compliance
pieces of testimony (along with related the current rate of 24 cents to 20 cents. with Commission rule 53(b), that
exhibits) presented by 41 witnesses; and Defining features. The Service’s provides an overview of the Service’s
133 library references.2 The Service Request is marked by two defining filing. It describes the subject matter of
notes that it anticipates supplementing features. One is a return to the each witness’s testimony; explains the
its Request during the course of this traditional approach to postal inter-relationship between and among
proceeding with testimony on a ratemaking, which entails a process the testimonies; describes changes in
proposal referred to as the ‘‘Forever which results in the percentage increase cost methodology, volume estimation,
Stamp,’’ which mainly affects senders of for any given class or service being and rate design relative to the
single-piece one-ounce First-Class Mail. arrived at as a result of application of Commission’s approach in Docket No.
See Motion of the United States Postal the factors of 39 U.S.C. 3622, rather than R2005–1; and identifies each witness
Service for Partial Waiver or Suspension through application of a generally who addresses any material
of Commission Rules Specifying uniform ‘‘across the board’’ percentage.3 methodological change. Witness Davis’s
Materials to be Filed in Support of its The other feature is the incorporation of testimony also includes two
Request for Changes in Postal Rates and extensive proposed rate design and attachments: Roadmap Testimony Quick
Classifications, May 3, 2006 (Motion classification changes based on new (or Reference Guide (Attachment 1) and
Concerning Forever Stamp). substantially updated) cost studies; Postal Testimony Flowchart
Test year; contingency; key other new data and information; policy (Attachment 2). A master list of library
projections. The Postal Service operates considerations; and important references appears in Notice of the
under a breakeven constraint pursuant assumptions about the mailing United States Postal Service of Filing of
to controlling law and, under environment, including the evolving Master List of Library References, May
Commission rules, generally relies on a postal network. 3, 2006.
future test year for ratemaking purposes. The Service’s summary of percentage Witness O’Hara (USPS–T–31)
The Service proposes using fiscal year changes in proposed rates relative to addresses rate policy. His testimony
2008 as the test year in its Request, and current rates provides the following presents proposed cost coverages (rate
makes various projections based on that information: levels) for each subclass and addresses
choice. In particular, it projects that it the consistency of these coverages with
will incur a net revenue deficiency of Percent
applicable Postal Reorganization Act
$5.874 billion in the test year under criteria.
existing rates. It projects that its First-Class Mail:
Letters and Sealed Parcels ........ 7.0 V. Attachments to the Request
proposed set of rates and fees would
Cards ........................................... 10.6
generate additional revenues of $3.983 Priority Mail ..................................... 13.8 Attachment A, Requested Changes in
billion, resulting in a test year revenue Express Mail ................................... 12.5 Rates and Fees, and Attachment B,
deficiency of $0.8 million. USPS–T–47 Periodicals: Proposed Changes to Domestic Mail
at 9. The filing assumes a contingency Within-County .............................. 24.4 Classification Schedule, identify
of 1 percent. USPS–T–6 at 62. Outside County ........................... 11.4
changes that would be required if the
System-wide average increase. The Standard Mail:
Regular ........................................ 9.6 Service’s proposals are adopted.
Service’s Request reflects a system-wide
Nonprofit ...................................... 9.5 Attachment C, Specification of the
2 The Service has prepared, but withheld, one Enhanced Carrier Route ............. 8.6 Rules, Regulations, and Practices that
library reference (USPS–LR–L–35) pending Nonprofit Enhanced Carrier Establish Standards of Service and
resolution of a request for protective conditions. See Route ....................................... 9.1 Conditions of Mailability, addresses
Motion of United States Postal Service for Waiver Package Services: Commission rule 54(b)(2), by
and for Protective Conditions for Library Reference Parcel Post .................................. 13.7 designating the contents of the Domestic
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that Includes Costs and Other Data Associated with Bound Printed Matter .................. 11.9
the FedEx Transportation Agreement, May 3, 2006 Mail Manual (DMM) as the source of
Media Mail ................................... 18.0
(FedEx Waiver Motion). See also USPS–LR–L–133
Library Rate ................................ 18.4
such rules, regulations and practices,
(Redacted Addendum to FedEx Transportation and provides a copy of the table of
Contract.) Note: The Service’s library reference
count includes some library references that have
contents of the DMM (updated as of
been reserved by number, with contents expected 3 The ‘‘across the board’’ approach was used in April 13, 2006). The DMM in its entirety
to be filed later. the two most recent omnibus cases. is available for review on the Postal

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27438 Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Proposed Rules

Service’s Web site at http:// USPS–T–33 (witness Scherer) and The Service also proposes raising the
www.USPS.gov. references cited therein for additional weight for balloon parcels from 15
Attachment D is a certification, filed details related to Priority Mail. pounds to 20 pounds. Ibid. See USPS–
pursuant to Commission rule 54(p), Express Mail. The Service proposes a T–37 (witness Kiefer) and references
attesting to the accuracy of cost new one-pound Express Mail flat rate. cited therein for additional details. The
statements and other documentation See USPS–T–34 (witness Berkeley) and Service is not proposing any
submitted with the Request. Attachment references cited therein for additional fundamental changes to the rate designs
E presents the Audited Financial details. for Bound Printed Matter, Media Mail or
Statements for Fiscal Year 2005, as filed Periodicals. The Service proposes the Library Mail. USPS–T–38 at 15 and 16–
with the Commission on February 15, introduction of a container charge of 85 17. See USPS–T–38 (witness Yeh) and
2006 as part of the United States Postal cents for each sack and pallet used by references cited therein for additional
Service Annual Report. Attachment F is senders of Outside County Periodicals details.
an index that identifies witnesses, the mail (including Science of Agriculture
numerical designation of each piece of publications). This charge would B. Special Services
testimony, related exhibits and library replace existing co-palletization For electronic Address Correction
references, and attorney contacts. discounts, including an experimental Service, the Service proposes a
Attachment G is a compliance statement co-pallet discount. USPS–T–35 at 4; id. distinction between the fee for First-
addressing pertinent provisions of rules at 16. The Service proposes raising 37 Class Mail and other classes, with First-
53, 54 and 64. percent of revenue from pounds and 63 Class Mail having a lower price. USPS–
percent from pieces, reflecting a slight T–40 at 8. It also proposes a new
VI. Nature and Impact of the Proposed alteration in the existing 40/60 split. Id.
Changes automated option limited to letters,
at 6. It also proposes separate editorial given that only letters are processed
The following summary identifies pound dropship rates for destinating through the Postal Automation
some central elements of the Service’s ADC, SCF and DDU mail. Id. at 7. These Redirection System. Ibid. For Confirm,
Request, focusing mainly on changes proposed rate design and classification the Service proposes classification
relative to existing rate design and changes do not apply to mail that changes, a new pricing structure based
classification. Interested persons are qualifies for Within County subclass
urged to review the filing in its entirety on the concept of purchasing units, and
rates. The proposed Ride-Along rate is
for other important aspects of the filing. new fees. Id. at 14. The Service states
15.5 cents. at 14. See witness Tang’s
that the use of a unit-based approach
A. Mail Classes, Subclasses and testimony (USPS–T–35) and references
will provide, among other benefits, a
Categories cited therein for additional details about
mechanism to expand the types of data
the Service’s Periodicals proposals.
First-Class Mail. The Service proposes Standard Mail. The Service proposes available without creating multiple
introducing the shape of a mailpiece (in several nomenclature changes; a new subscriptions or accounts. Id. at 17. The
terms of being presented as a letter, flat rate category for ‘‘hybrid’’ pieces that Service proposes several fee,
or parcel) as a factor in developing rates, share characteristics of both flats and classification and operational changes
along with elimination of the heavy parcels; changes to better align rate for Insurance. These include, among
piece discount and limitations on the design with mail processing categories; others, elimination of the signature
application of the nonmachinable and certain shape-related changes. It requirement for items insured for $50.01
surcharge. A piece would have to weigh proposes expanded dropshipping to $200; use of a barcode for all insured
3.5 ounces or less to be eligible for letter incentives, often linked to postal items, which will be scanned at
rates. USPS–T–32 at 19. The Service facilities where certain automated delivery; lower fees for Express Mail
also proposes altering the approach to sorting equipment is available in insurance; and a cap of $15 on the
additional-ounce rates, which apply Standard Mail; a separate charge (of 1.5 Service’s regular insurance liability for
through 13 ounces. Additional cents) for the use of detached address negotiable items, currency or bullion,
proposals affecting First-Class Mail, labels in connection with Saturation which would match the Express Mail
among others, include separating the mailings; and a new rate category for insurance limit. Id. at 24.
workshared mail rate design from the parcels and pieces that are not The Service proposes classification
single-piece rate design; eliminating the commonly processed on the Service’s changes affecting the account
Automation Carrier Route rate flat sorting machines. See USPS–T–36. maintenance fee for special services,
categories; and introducing a Forever The Service also proposes de- limited in many instances to changes in
Stamp. The Forever Stamp proposal, in averaging worksharing rates for non- DMCS language and nomenclature.
brief, would allow a First-Class stamp to automation letters and for automation USPS–T–39 at 1. For post office boxes,
continue to be accepted as valid and non-automation non-letters. The the Service proposes changes that
payment of postage for single-piece Service proposes separate rate structures include new box fees and caller service
First-Class Mail weighing less than one for parcels and ‘‘hybrid’’ pieces. USPS– fees that vary in relation to location
ounce following a rate change, thereby T–47 at 45. See USPS–T–36 (witness space cost. The planned fee design is
avoiding the need to add a relatively Kiefer) and references cited therein for characterized as a continuation of the
small amount of incremental ‘‘makeup’’ additional details. progress toward increased cost
postage. Package Services. In the Parcel Post homogeneity in the post office fee
Priority Mail. The Service proposes, subclass, the Service proposes one rate groups. USPS–T–41 at 1. Interested
among other things, the introduction of design change, which it characterizes as persons are encouraged to review the
a dimensional-weight price structure to minor. This entails requiring all Parcel testimony of witness Berkeley (USPS–
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recognize the role of cubic volume as a Select DBMC machinable parcels to be T–39), witness Mitchum (USPS–T–40)
cost driver in Priority Mail; a permanent barcoded. Cost savings from barcoding and witness Kaneer (USPS–T–41) for
classification for the Priority Mail flat- would be reflected in rates, instead of further details about these changes and
rate box; and a fee for on-call and being separately stated. Pieces without for information on proposed fees, rate
scheduled Priority Mail, Express Mail, appropriate barcodes would pay the design and classification for other
and Parcel Post pick-up service. See applicable retail rate. USPS–T–37 at 7. Special Services.

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Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Proposed Rules 27439

VII. Motion Pertaining to FedEx IX. Motions for Waiver of Various XI. Representation of the Interests of
Contract Material Commission Rules on Category 1, 2, 3 the General Public
and 5 Library References The Commission designates Shelley
In a motion filed with its Request, the
S. Dreifuss, director of the
Postal Service states that it has The Service seeks waiver, to the
Commission’s Office of the Consumer
prepared, but not yet filed, USPS–LR– extent deemed necessary, of the
Advocate, to represent the interests of
L–35, Calculation of FedEx Day Turn Commission’s rules on library the general public in this proceeding,
Variability Factors, which it identifies references for documents in the pursuant to 39 U.S.C. 3624(a). Ms.
as a category 2 library reference following categories: Category 1 (Data Dreifuss shall direct the activities of
sponsored by witness Kelley (USPS–T– Reporting Systems); Category 2 (Witness Commission personnel assigned to
15).4 FedEx Waiver Motion at 1. The Foundational Material); Category 3 assist her and, at an appropriate time,
Service’s stated reason for withholding (Reference Material); and Category 5 provide the names of these employees
this document is its interest in (Disassociated Material).5 The motion for the record. Neither Ms. Dreifuss nor
application of protective conditions. clearly identifies the library references the assigned personnel shall participate
The proposed conditions appear as proposed to be covered by the waiver in or advise as to any Commission
Attachment A to the FedEx Waiver request and provides a detailed decision in this proceeding, other than
Motion. The Service also seeks waiver explanation of the Service’s rationale for in their designated capacity.
of relevant portions of Commission seeking waiver. See Motion of the
XII. Prehearing Conference
rules 31(k) and 54 for this document. United States Postal Service Requesting
Waiver of the Commission Rules with The Commission will hold a
In support of its interest in protective prehearing conference on June 16, 2006,
Respect to Category 1, 2, 3 and 5 Library
conditions, the Service states the FedEx beginning at 10 a.m. in the
References, May 3, 2006 (Waiver
agreement contains commercially Commission’s hearing room, 901 New
Motion). Answers to the referenced
sensitive information, given that it York Avenue NW., Suite 200,
Waiver Motion are due no later than
includes cost data for fuel charges, non- Washington, DC 20268–0001. The
June 5, 2006.
fuel charges, and handling charges (all Presiding Officer will discuss initial
on a daily basis), as well as applicable X. Participation scheduling matters at the conference.
contract prices, along with volume Participants may propose schedule
information on a daily basis. Id. at 1. The Commission invites both formal dates or offer additional topics for
Among other things, it asserts that the participation in this case and informal discussion at the prehearing conference
volume-related information is expression of views. Interested persons by filing a statement identifying such
proprietary to both the Postal Service may elect full, limited or commenter topics no later than June 7, 2006.
and FedEx. It also notes that similar status (under rules 20, 20a, and 20b,
respectively). Those electing full or Ordering Paragraphs
conditions were granted by the Postal
Rate Commission for FedEx data in two limited status shall file notices of It is ordered:
intervention conforming to Commission 1. The Commission hereby institutes
previous rate case (Docket Nos. R2001–
rules no later than May 31, 2006. Docket No. R2006–1, Postal Rate and
1 and R2005–1), Id. at 2, citing Presiding Fee Changes, for consideration of the
Officer’s Ruling No. R2001–1/5 (October Notices of intervention and other
documents generally should be Service’s request for omnibus rate, fee
31, 2001) and Presiding Officer’s Ruling and classification changes.
No. R2005–1/4 (May 4, 2005). Answers submitted electronically via the
Commission’s Filing Online system at 2. The Commission will sit en banc in
to the FedEx Waiver Motion are due no this proceeding.
http://www.prc.gov. Persons seeking to
later than May 31, 2006. 3. Notices of intervention shall be
intervene on a full or limited basis after
filed no later than May 31, 2006.
VIII. Motion Pertaining to Forever May 31, 2006 must file a motion for 4. Shelley S. Dreifuss, director of the
Stamp Proposal intervention. Commission’s Office of the Consumer
Witness Taufique outlines the Commenters are not required to file Advocate, is designated to represent the
Service’s interest in incorporating a intervention notices or motions; instead, interests of the general public in this
Forever Stamp proposal in the instant they may direct their comments to the proceeding.
attention of Steven W. Williams, 5. A prehearing conference will be
Request. USPS–T–32 at 26–27. In a
Secretary of the Commission, 901 New held on June 16, 2006, at 10 a.m. in the
related motion, the Service seeks waiver Commission’s hearing room.
or suspension of certain Commission York Avenue NW., Suite 200,
Washington, DC 20268–0001. 6. Statements identifying topics for
rules to accommodate the anticipated discussion at the preheating conference
Commenters may also submit their
filing of material supporting this shall be filed no later than June 7, 2006.
views via electronic mail by addressing
proposal. Motion of the United States 7. Answers to the Motion of the
them to prc-admin@prc.gov.
Postal Service for Partial Waiver or United States Postal Service for Waiver
Suspension of Commission Rules Persons unsure of their intervention and for Protective Conditions for Library
Specifying Materials to be Filed in status under Commission rules or Reference that Includes Costs and Other
Support of its Request for Changes in seeking more information on how to Data Associated with the FedEx
Postal Rates and Classifications, May 3, participate in this case should contact Transportation Agreement, filed May 3,
2006 (Motion Concerning Forever Shelley S. Dreifuss, director of the 2006, are due no later than May 31,
Stamp Proposal). Answers to the Motion Commission’s Office of the Consumer 2006.
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Concerning Forever Stamp Proposal are Advocate, by telephone at 202–789– 8. Answers to the Motion of the
due no later than June 5, 2006. 6837 or via electronic mail at United States Postal Service Requesting
shelley.dreifuss@prc.gov. Waiver of the Commission Rules with
4 Notice of the United States Postal Service of Respect to Category 1, 2, 3 and 5 Library
Filing of Master List of Library References (May 3, 5 Library reference categories are identified in References, filed May 3, 2006, are due
2006). Commission rule 31(b)(2). no later than June 5, 2006.

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27440 Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Proposed Rules

9. Answers to the Motion of the withdraw the October 27, 2004 Weirton ADDRESSES: Submit your comments,
United States Postal Service for Partial notice of proposed rulemaking. identified by Docket ID Number EPA–
Waiver or Suspension of Commission R03–OAR–2005–0480 by one of the
List of Subjects
Rules Specifying Materials to be filed in following methods:
Support of its Request for Changes in 40 CFR Part 52 A. http://www.regulations.gov. Follow
Postal Rates and Classifications, filed Environmental protection, Air the online instructions for submitting
May 3, 2006, are due no later than June comments.
pollution control, Incorporation by
5, 2006. B. E-mail: Morris.makeba@epa.gov.
reference, Particulate matter, Reporting C. Mail: EPA–R03–OAR–2005–0480,
10. The Secretary shall cause this and recordkeeping requirements.
Notice and Order to be published in the Makeba Morris, Chief, Air Quality
Federal Register. 40 CFR Part 81 Planning and Analysis Branch,
Mailcode 3AP21, U.S. Environmental
Steven W. Williams, Environmental protection, Air
Protection Agency, Region III, 1650
Secretary. pollution control, National Parks,
Arch Street, Philadelphia, Pennsylvania
Wilderness areas.
[FR Doc. E6–7218 Filed 5–10–06; 8:45 am] 19103.
BILLING CODE 7710–FW–P Dated: April 28, 2006. D. Hand Delivery: At the previously-
Judith Katz, listed EPA Region III address. Such
Acting Regional Administrator, Region III. deliveries are only accepted during the
ENVIRONMENTAL PROTECTION [FR Doc. E6–7215 Filed 5–10–06; 8:45 am] Docket’s normal hours of operation, and
AGENCY BILLING CODE 6560–50–P
special arrangements should be made
for deliveries of boxed information.
40 CFR Parts 52 and 81 Instructions: Direct your comments to
ENVIRONMENTAL PROTECTION Docket ID No. EPA–R03–OAR–2005–
[EPA R03–OAR–2004–WV–0001; FRL–8168–
7] AGENCY 0480. EPA’s policy is that all comments
received will be included in the public
Approval and Promulgation of Air 40 CFR Parts 52 and 81 docket without change, and may be
Quality Implementation Plans; West made available online at http://
[EPA–R03–OAR–2005–0480; FRL–8168–6]
Virginia; Withdrawal of Proposed Rule www.regulations.gov, including any
Approval and Promulgation of Air personal information provided, unless
AGENCY: Environmental Protection the comment includes information
Agency (EPA). Quality Implementation Plans; West
Virginia; Redesignation of the City of claimed to be Confidential Business
ACTION: Withdrawal of proposed rule. Information (CBI) or other information
Weirton PM–10 Nonattainment Area to
Attainment and Approval of the whose disclosure is restricted by statute.
SUMMARY: Due to an adverse comment,
Maintenance Plan Do not submit information that you
EPA is withdrawing its Notice of consider to be CBI or otherwise
Proposed Rulemaking to redesignate the AGENCY: Environmental Protection protected through http://
City of Weirton PM–10 nonattainment Agency (EPA). www.regulations.gov or e-mail. The
area to attainment and approval of the http://www.regulations.gov Web site is
ACTION: Proposed rule.
maintenance plan published on October an ‘‘anonymous access’’ system, which
27, 2004 (69 FR 62637). EPA is also SUMMARY: On May 24, 2004, the State of means EPA will not know your identity
withdrawing the correcting amendment West Virginia submitted a request that or contact information unless you
to the NPR published on November 9, EPA redesignate the Weirton provide it in the body of your comment.
2004 (69 FR 64860). nonattainment area (Weirton Area) to If you send an e-mail comment directly
DATES: The proposed rule is withdrawn attainment for the national ambient air to EPA without going through http://
as of May 11, 2006. quality standards (NAAQS) for www.regulations.gov, your e-mail
FOR FURTHER INFORMATION CONTACT: particulate matter with an aerodynamic address will be automatically captured
Linda Miller, (215) 814–2068, or by e- diameter less than or equal to a nominal and included as part of the comment
mail at miller.linda@epa.gov. 10 micrometers (PM–10), and that is placed in the public docket and
SUPPLEMENTARY INFORMATION: Elsewhere concurrently requested approval of a made available on the Internet. If you
in today’s Federal Register, a separate limited maintenance plan (LMP) as a submit an electronic comment, EPA
proposed rulemaking entitiled revision to the West Virginia State recommends that you include your
‘‘Approval and Promulgation of Air Implementation Plan (SIP). In this name and other contact information in
Quality Implementation Plans; West action, the EPA proposes to approve the the body of your comment and with any
Virginia; Redesignation of the City of LMP for the Weirton Area in West disk or CD–ROM you submit. If EPA
Weirton PM–10 Nonattainment Area to Virginia and grant the State’s request to cannot read your comment due to
Attainment and Approval of the Limited redesignate the area from nonattainment technical difficulties and cannot contact
Maintenance Plan,’’ provides more to attainment. EPA’s proposed approval you for clarification, EPA may not be
detailed legal and factual basis for is based on its determination that the able to consider your comment.
supporting our decision to withdraw the area has met the criteria for Electronic files should avoid the use of
NPR and its related correcting redesignation for attainment specified in special characters, any form of
amendment. Our proposed action to the Clean Air Act (CAA). EPA is also encryption, and be free of any defects or
approve the State of West Virginia proposing to determine that, because the viruses.
request to redesignate the Weirton area Weirton Area has continued to attain Docket: All documents in the
cchase on PROD1PC60 with PROPOSALS

to attainment and approve the the PM–10 NAAQS, certain attainment electronic docket are listed in the
associated maintenance plan is also demonstration requirements, along with http://www.regulations.gov index.
found in the NPR in today’s Federal other related requirements of the CAA, Although listed in the index, some
Register. are not applicable to the Weirton Area. information is not publicly available,
Separate dockets have been prepared DATES: Written comments must be i.e., CBI or other information whose
for the new proposal and this notice to received on or before June 12, 2006. disclosure is restricted by statute.

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