Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Rules and Regulations 41411

American Bar Association, Derivatives and of the rule failed to list an effective date. effective date.’’ Because our approval Futures Law Committee, Business Law This final rule corrects that omission by was published on June 29, 2011, and the Section (ABA Derivatives Committee) providing an effective date. notice did not specify a different American Petroleum Institute (API) and effective date, for purposes of the West National Petrochemical and Refiners DATES: The interim final rule published Association (NPRA) at 76 FR 37996 is effective July 14, 2011. Virginia Regulatory Program, we Argus Media, Inc. (Argus) ADDRESSES: You may submit comments consider the State’s provisions approved Barnard, Chris (Barnard) on the interim rule WV–117–FOR (76 effective June 29, 2011. Please see the Better Markets FR 37996; June 29, 2011) by any of the Federal Register document published at Brattle Group Economists (Brattle Group) following two methods: 76 FR 37996 on June 29, 2011, for more Carini, Peter* • Federal eRulemaking Portal: http:// details. CME Group, Inc. (CME Group) www.regulations.gov. The rule has been Coalition of Physical Energy Companies List of Subjects in 30 CFR Part 948 assigned Docket ID OSM–2011–0006. If (COPE) Intergovernmental relations, Surface Commodity Markets Council (CMC) you would like to submit comments Council of Institutional Investors (Council) through the Federal eRulemaking Portal, mining, Underground mining. Edison Electric Institute (EEI) go to http://www.regulations.gov and Dated: July 5, 2011. Freddie Mac follow the instructions. Michael K. Robinson, Futures Industry Association, International • Mail/Hand Delivery: Mr. Roger W. Acting Regional Director, Appalachian Swaps and Derivatives Association, Inc. Calhoun, Director, Charleston Field Region. (ISDA) and Securities Industry and Office, Office of Surface Mining [FR Doc. 2011–17336 Filed 7–13–11; 8:45 am] Financial Markets Association (SIFMA) Reclamation and Enforcement, 1027 (together, the Associations) BILLING CODE 4310–05–P Managed Funds Association (MFA) Virginia Street, East, Charleston, West Pen Fern Oil Co., Inc.* Virginia 25301. Petroleum Marketers Association of America FOR FURTHER INFORMATION CONTACT: Mr. POSTAL SERVICE (PMAA) Roger W. Calhoun, Director, Charleston Platts Field Office, Telephone: (304) 347– 39 CFR Part 111 Scullin Oil Co.* 7158. E-mail: [email protected]. Townsend, Clarence (Townsend) SUPPLEMENTARY INFORMATION: Group E Post Office Box Service U.S. Senator Carl Levin (Senator Levin) On June 29, 2011, we published an interim rule University of Maryland School of Law, AGENCY: Postal ServiceTM. Professor Michael Greenberger (Professor with request for comments at 76 FR ACTION: Final rule. Greenberger) 37996. The interim rule announced Weir, Bix receipt of a proposed amendment to the SUMMARY: The Postal ServiceTM is West Virginia Oil Marketers & Grocers West Virginia permanent regulatory revising the Mailing Standards of the Association (OMEGA)* program under the Surface Mining Working Group of Commercial Energy Firms United States Postal Service, Domestic Control and Reclamation Act of 1977. Mail Manual (DMM®) 508.4.6 to clarify (CEF) On May 2, 2011, the WVDEP submitted Zwack, Joseph eligibility, simplify the standards, and * Denotes commenters filing identical a program amendment to OSM that facilitate uniform administration for comments which were consolidated. included both statutory and regulatory Group E (free) Post OfficeTM (PO) box revisions. West Virginia submitted [FR Doc. 2011–17549 Filed 7–13–11; 8:45 am] service. proposed permit fee revisions to the BILLING CODE 6351–01–P Code of West Virginia as authorized by DATES: Effective Date: September 6, House Bill 2955 that passed during the 2011. State’s regular 2011 legislative session. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE INTERIOR In addition, West Virginia amended its Laurence Welling at 202–268–7792, Ken Hollies at 202–268–3083, or Richard Office of Surface Mining Reclamation Code of State Regulations (CSR) to Daigle at 202–268–6392. and Enforcement provide for the establishment of a minimum incremental bonding rate as SUPPLEMENTARY INFORMATION: On 30 CFR Part 948 authorized by Senate Bill 121. The November 24, 2010, the Postal Service changes, due to the passage of House published a Federal Register proposed [WV–117–FOR; OSM–2011–0006] Bill 2995, will increase the filing fee for rule (75 FR 71642–71643) to clarify the State’s surface mining permit to eligibility, simplify the standards, and West Virginia Regulatory Program $3,500 and establish various fees for facilitate uniform administration for AGENCY: Office of Surface Mining other permitting actions. Senate Bill 121 Group E (free) PO BoxTM service. The Reclamation and Enforcement (OSM), authorizes regulatory revisions which Postal Service received several Interior. includes, among other things, the comments in response to this proposed ACTION: Interim rule; effective date. establishment of a minimum rule that are summarized later in this incremental bonding rate of $10,000 per notice. SUMMARY: On June 29, 2011, OSM increment at CSR 38–2–11.4.a.2. Group E PO Box service is provided published an interim rule approving a Because the West Virginia revisions free, with restrictions, to customers program amendment submitted by the have an effective date of June 16, 2011, whose physical addresses are not West Virginia Department of we approved the permit fees and the eligible for any form of USPS carrier Environmental Protection (WVDEP). minimum incremental bonding rate on delivery service. This service is The interim rule provided an an interim basis. Our regulations at 30 consistent with the USPS responsibility opportunity for public comment and CFR 732.17(h)(12) state that ‘‘[a]ll to provide universal mail delivery. This gave the comment due date and decisions approving or not approving final rule simplifies and clarifies some tentative hearing date. The summary program amendments must be of the language related to administering and preamble to the interim rule published in the Federal Register and Group E PO Box service. specified that it was effective upon will be effective upon publication For this final rule, the Postal Service publication; however, the DATES section unless the notice specifies a different removes the descriptive term, ‘‘business

VerDate Mar<15>2010 14:53 Jul 13, 2011 Jkt 223001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\14JYR1.SGM 14JYR1 wreier-aviles on DSKGBLS3C1PROD with RULES 41412 Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Rules and Regulations

location’’, in favor of the general term retrieve mail. Such decisions are made ■ 2. Revise the following sections of ‘‘physical address’’. The latter describes routinely by Postmasters while Mailing Standards of the United States residential locations as well as business conforming with local practice, driving Postal Service, Domestic Mail Manual locations and no distinction between conditions, driver expectations, etc. (DMM) as follows: the two terms was intended. Further, postmasters already make such Mailing Standards of the United States USPS further deletes the reference to decisions in contexts unrelated to Group Postal Service, Domestic Mail Manual ‘‘out-of-bounds delivery receptacles’’ in E eligibility. Postmasters who determine (DMM) favor of language recognizing that Group that a proposed mailbox location is E PO Box service is not available when unsafe typically work with customers to * * * * * a physical address receives any form of find a solution that allows safe delivery. 500 Additional Mailing Services USPS carrier delivery. Confusion over One commenter expressed concern the intent of the meaning of ‘‘out-of- about the potential misuse of ‘‘or other * * * * * bounds’’ obscured the larger context conditions’’ is now addressed by the 508 Recipient Services wherein Group E service should never Postal Service as: (1) Clarifying that the supplement a physical location’s carrier examples contained in the current DMM * * * * * delivery service. Clarifying the intent consist of conditions outside the control 4.0 Post Office Box Service and eliminating this confusion may of the Postal Service and, (2) by cause existing Group E customers to introducing the examples using ‘‘such * * * * * lose Group E eligibility for their as’’ so that it is understood that they are 4.6 Fee Group Assignments physical addresses, while others whose not all inclusive. By using these physical locations the USPS chooses not explanations, the ‘‘or other conditions’’ * * * * * to provide carrier service to may become text is deleted from the final rule. [Revise the title, introductory text and eligible for Group E service. The foundation of Group E PO Box items 4.6.2a, b and c, and eliminate item The Postal Service also revises the eligibility is a discretionary Postal d in its entirety as follows:] DMM to acknowledge carrier delivery Service decision not to extend carrier 4.6.2 Free PO Box Service (Group E) service that, once established to a delivery to a specific carrier delivery Customers may qualify for Group E particular physical address, eliminates point (e.g., a house). When conditions (free) PO Box service at a Post Office if Group E eligibility. Improved language prevent carrier delivery, where it would their physical address location meets all in this section illustrates situations otherwise be operationally feasible, of the following criteria: where no eligibility for Group E arises Group E eligibility is not an option. The a. The physical address is within the either because carrier delivery is DMM will continue to identify geographic delivery ZIP Code available or because action (or inaction) examples of conditions, including boundaries administered by a Post by third parties precludes USPS from ‘‘unsafe conditions’’ that preclude the Office. extending carrier delivery. Postal Service from deciding whether or b. The physical address constitutes a not to extend carrier delivery. Comments Received potential carrier delivery point of The same commenter expressed service. Three comments were received concern about the fair administration of c. USPS does not provide carrier regarding the proposed rule, addressing Group E eligibility. The Postal Service delivery to a mail receptacle at or near multiple issues. agrees about the importance of Group E One commenter expressed concerns a physical address for reasons in 4.6.3b. in the context of its universal service about the vagueness of terminology in ‘‘At or near a physical address’’ is obligation and at the time of the proposal, for determining how close defined by reference to how carrier implementation, the Postal Service a ‘‘physical address’’ and delivery delivery is already established in a identified Group E service as one tool receptacle must be. In response, the particular locale or ZIP Code. for offering universal service under an Postal Service intends to add a sentence [Revise the title and introductory text overarching policy of providing one free to clarify that ‘‘at or near a physical of 4.6.3 and add new items a through d form of delivery to each customer. address’’ should be determined by how The Postal Service adopts the as follows:] carrier delivery is already established in following changes to the Mailing TM 4.6.3 Additional Standards for Free a particular locale or ZIP Code . Standards of the United States Postal Two separate comments expressed PO Box Service Service, Domestic Mail Manual (DMM), concern that local offices might misuse Only one Group E (free) PO Box may which is incorporated by reference in ‘‘unsafe conditions’’ and ‘‘or other be obtained for each potential carrier the Code of Federal Regulations. See 39 conditions’’ to deny Group E eligibility. delivery point of service, under the CFR 111.1. One of the commenters also expressed following conditions: concern about the impact of local List of Subjects in 39 CFR Part 111 a. Group E PO Box customers are discretion on decisions. In response to Administrative practice and assigned the smallest available box that these concerns, it is the Postal Service procedure, Postal Service. reasonably accommodates their daily opinion that neither commenter was mail volume. Accordingly, 39 CFR Part 111 is aware that the examples currently listed b. Eligibility for Group E PO Boxes amended as follows: in the DMM reflect restrictions that are does not extend to: out of Postal Service control and are not PART 111—[AMENDED] 1. Individual tenants, contractors, all inclusive. Recognizing this lack of employees, or other individuals clarity, this final rule attempts to ■ 1. The authority citation for 39 CFR receiving or eligible to receive single- provide a better explanation. Part 111 continues to read as follows: point delivery to a location such as a With respect to ‘‘unsafe conditions’’, Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– hotel, college, military installation, local Postmasters are best able to 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, campground, or transient trailer park. determine when mailbox placement 401, 403, 404, 414, 416, 3001–3011, 3201– 2. Locations served, or eligible to be might be unsafe for postal employees to 3219, 3403–3406, 3621, 3622, 3626, 3632, served, by centralized delivery or attempt delivery or for customers to 3633, and 5001. grouped receptacles such as cluster box

VerDate Mar<15>2010 14:53 Jul 13, 2011 Jkt 223001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\14JYR1.SGM 14JYR1 wreier-aviles on DSKGBLS3C1PROD with RULES Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Rules and Regulations 41413

units, apartment style receptacles, on the proposed rule. Analysis of the and postal supervisors’ organizations, mailrooms, or clusters of roadside various comments received appears one postal lessors’ organization and receptacles. below. various of its members, one mailing 3. Locations where circumstances not The Postal Service is currently in the industry stakeholder, and numerous within the control of the Postal Service process of consultation under 39 U.S.C. other postal customers. Although some prevent extension of carrier delivery, 1004(b)–(d) about certain aspects of the comments were favorable about certain such as town ordinances, private roads, proposed rule. Therefore, the relevant aspects of the proposed rule, almost all gated communities, unimproved or proposed changes and comments of the comments expressed concerns poorly maintained roadways, or unsafe relative to those proposed changes are about various aspects of the proposed conditions. not included in this final rule, but may rule. Below we discuss the comments 4. Locations served by a delivery be addressed in a subsequent final rule. and our response to each. receptacle that a customer chooses to Under 39 U.S.C. 1004(b)–(d), the Postal locate along a carrier’s line of travel and Service is obliged to consult with A. Closure of Post Offices and Other to which the Postal Service makes certain supervisory and other Retail Facilities delivery. managerial organizations about the 1. Procedural Safeguards c. A customer must pay the applicable planning and development of pay policies and schedules, fringe benefit The overwhelming majority of fee for each PO Box requested in comments urged the Postal Service not addition to the initial free Group E PO programs, and other programs related to supervisory and other managerial to close Post Offices (as well as, Box. presumably, stations and branches), d. The online application tools employees. (The Postal Service understands ‘‘other programs’’ to especially in small and rural described in 4.3.1b cannot be used for communities. These commenters stated free PO Box service. constitute those concerning employment, of a piece with the other that cost savings would be low, that * * * * * there would be undue hardship on some We will publish an appropriate enumerated subjects of consultation, and not programs concerning facilities customers, and other matters. Many amendment to 39 CFR Part 111 to reflect expressed concern about a specific these changes. or the operating network more generally, which may have an indirect postal retail facility. Additionally, many Stanley F. Mires, effect on employees.) Because the appeared to believe that the proposed Chief Counsel, Legislative. subject matter of this final rule does not rule would eliminate procedures and make it easier to close retail facilities, [FR Doc. 2011–17389 Filed 7–13–11; 8:45 am] itself comprise any program subject to including for reasons prohibited by BILLING CODE 7710–12–P 39 U.S.C. 1004(b)–(d), the Postal Service considers it to fall outside the scope of statute. See, e.g., 39 U.S.C. 101(b) (‘‘No those provisions. Nevertheless, the small post office shall be closed solely POSTAL SERVICE Postal Service has taken into account for operating at a deficit[.]’’). To the comments by supervisory and other contrary, the Postal Service has long 39 CFR Part 241 managerial organizations, as it has been and remains focused on the need comments by other members of the for customers in less populated locales Post Office Organization and public. to have regular and effective access to Administration: Establishment, As explained in the proposed rule, delivery and retail services, thereby Classification, and Discontinuance this final rule is not retroactive. helping to bind all customers and the nation together through written AGENCY: Postal Service. Therefore, any change in policy or regulations does not affect the correspondence. ACTION: Final rule. procedures applicable to discontinuance These comments seem to overlook the actual scope of the changes. This SUMMARY: The Postal Service is processes initiated before the effective rulemaking does not reduce or abolish amending 39 CFR part 241 to improve date of this final rule, when previous any transparency attained through, for the administration of the Post Office regulations may have been in effect. example, public notice, public input, closing and consolidation process. In The Postal Service is exempt from the and consideration of all comments addition, certain procedures employed notice requirements of the received before any Post Office may be for the discontinuance of Post Offices Administrative Procedure Act (5 U.S.C. discontinued. In fact, transparency will are applied to the discontinuance of 553(d)) regarding final rules by 39 be enhanced. Nor does the rulemaking other types of retail facilities operated U.S.C. 410(a). Moreover, the chief change any of the criteria for by Postal Service employees. substance of this final rule is to extend to Postal Service-operated stations and discontinuing a Post Office, which are DATES: Effective date: July 14, 2011. branches the notice and comment set forth in the statute and include FOR FURTHER INFORMATION CONTACT: Jim procedures applicable to the consideration of cost savings, the effects Boldt, (202) 268–6799. discontinuance of Post Offices, thereby on employees and the community, and SUPPLEMENTARY INFORMATION: relieving restrictions that had the prohibition on closing small Post On March 31, 2011, the Postal Service previously been placed on public Offices solely for financial reasons. It published a proposed rule in the participation in the discontinuance should be noted that the statutes in Federal Register (76 FR 17794) to process for stations and branches. question apply only to the justifications improve the process for discontinuing for actually discontinuing a facility; Post Offices and other Postal Service- I. Response to Comments Received they do not restrict Postal Service operated retail facilities. The proposed The Postal Service received discretion to evaluate its retail network rule also reflected the Postal Service’s approximately 257 comments in and identify specific facilities for formal determination, as a matter of policy, to response to the proposed rule. study. apply the same discontinuance Commenters included 34 Members of To highlight the distinction between procedures to all retail facilities Congress, the Postal Regulatory initiation of a preliminary feasibility operated by Postal Service employees. Commission (‘‘Commission’’ or ‘‘PRC’’), study and the development of an official The Postal Service requested comments five state legislators, three postmasters’ proposal, the Postal Service is adding

VerDate Mar<15>2010 14:53 Jul 13, 2011 Jkt 223001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\14JYR1.SGM 14JYR1 wreier-aviles on DSKGBLS3C1PROD with RULES