Federal Register / Vol. 69, No. 38 / Thursday, February 26, 2004 / Proposed Rules 8899

authorities and other actions based on comments to the Office of Management Please use the rear entrance to the ownership, control, and violation and Budget, Office of Information and building and have photo identification information; providing applicant, Regulatory Affairs, Attention: Interior with you. operator, and ownership and control Desk Officer, via e-mail to These hearings will be open to anyone information; improvidently issued State [email protected], or via who would like to attend and/or testify. permits; and alternative enforcement. facsimile to 202–365–6566. The primary purpose of the public Additional information is contained in See the SUPPLEMENTARY INFORMATION hearing is to obtain your views on the the proposed rule published on section for hearing addresses. proposed rule so that we can prepare a December 29, 2003. FOR FURTHER INFORMATION CONTACT: complete and objective analysis. A The comment period on the proposed David G. Hartos, Office of Surface public hearing is not an adversarial rule was scheduled to close on February Mining Reclamation and Enforcement, process and, therefore, we encourage 27, 2004. In response to a request from U.S. Department of the Interior, 3 you to limit your testimony to the members of the public, we are extending Parkway Center, Pittsburgh, PA 15220; proposed rule. We appreciate any and the public comment period to March 29, Telephone: 412–937–2909. E-mail all comments, but those most useful and 2004. address: [email protected]. Additional likely to influence decisions on the final Dated: February 19, 2004. information concerning this rule and rule will be those that either involve personal experience or include citations Jeffrey D. Jarrett, related documents may be found on our home page on the Internet at http:// to and analyses of the Surface Mining Director, Office of Surface Mining Control and Reclamation Act of 1977, its Reclamation and Enforcement. www.osmre.gov/ocpropos.htm. SUPPLEMENTARY INFORMATION: On legislative history, its implementing [FR Doc. 04–4300 Filed 2–25–04; 8:45 am] regulations, law, other State or BILLING CODE 4310–05–M January 7, 2004 (69 FR 1036), we published a proposed rule that would Federal laws and regulations, technical minimize the adverse environmental literature, or relevant publications. At the hearing, a court reporter will DEPARTMENT OF THE INTERIOR effects stemming from the construction record and make a written record of the of excess spoil fills associated with coal statements presented. This written Office of Surface Mining Reclamation mining in Appalachia. The proposed record will be made part of the and Enforcement rule would also clarify the administrative record for the rule. If you circumstances in which mining have a written copy of your testimony, 30 CFR Parts 780, 816, and 817 activities, such as the construction of we encourage you to give us a copy. It excess spoil fills, may be allowed within RIN 1029–AC04 will assist the court reporter in the ‘‘stream buffer zone’’ within 100 feet preparing the written record. Please do of a perennial or intermittent stream. Surface Coal Mining and Reclamation not feel intimidated by either the The comment period on the proposed Operations; Excess Spoil; Stream reporter or the formal structure of the rule was scheduled to close on March 8, Buffer Zones; Diversions hearing. Any disabled individual who 2004. We have received six requests to needs special accommodation to attend AGENCY: Office of Surface Mining hold public hearings on the proposed a public hearing is encouraged to Reclamation and Enforcement, Interior. rule from representatives of the contact the person listed under FOR ACTION: Proposed rule; extension of following organizations: Save Our FURTHER INFORMATION CONTACT. comment period and notice of public Cumberland Mountains, Citizens Coal hearings. Council, Kentuckians for the Dated: February 18, 2004. Commonwealth, Mountain Watershed Brent Wahlquist, SUMMARY: We are extending the Association, Inc., Coal River Watch, and Regional Director, Appalachian Regional comment period on our proposed rule Tri-State Citizens Mining Network. We Coordinating Center, Office of Surface Mining commonly referred to as the ‘‘excess are granting their requests for public Reclamation and Enforcement. spoil/stream buffer zone rule.’’ The hearings and are extending the comment [FR Doc. 04–4299 Filed 2–25–04; 8:45 am] comment period is being extended by 30 period on the proposed rule by 30 days BILLING CODE 4310–05–M days in order to afford the public more in order to hold the following five time to comment and to allow enough hearings on the dates and locations time to hold five public hearings. We shown below: POSTAL SERVICE are also notifying the public of the dates 1. March 30, 2004, 6 p.m. to 9 p.m., and locations for five public hearings on Charleston Civic Center, Room 206, 200 39 CFR Part 111 the proposed rule. Civic Center Drive, Charleston, WV. DATES: We will accept written 2. March 30, 2004, 6 p.m. to 9 p.m., Packaging Standards and General comments on the proposed rule until 5 Best Western Parkway Center, 8th Floor Mailability p.m., eastern time, on April 7, 2004. in the Horizon Room, 875 Greentree AGENCY: Postal Service. See the SUPPLEMENTARY INFORMATION Road, Greentree, PA. ACTION: Proposed rule. section for the hearing dates. 3. March 30, 2004, 6 p.m. to 9 p.m., ADDRESSES: You may mail or hand carry Hazard Community College, Hazard SUMMARY: This proposed rule contains comments to the Office of Surface Campus, Jolly Center, Room 208, One minor changes to the Domestic Mail Mining Reclamation and Enforcement, Community College Drive, Hazard, KY. Manual (DMMTM) that would clarify Administrative Record, Room 101, 1951 4. March 30, 2004, 6 p.m. to 9 p.m., packaging and requirements, Constitution Avenue, NW., Washington, Roane State Community College, types of acceptable mailing , DC 20240, or you may send comments O’Brien Building, Room 101, 276 Patton and standards for certain articles via electronic mail to Lane, Harriman, TN. processed on Postal ServiceTM parcel [email protected]. 5. March 30, 2004, from 2 p.m. to 4 sorting equipment. This proposed rule If you wish to comment on the p.m., Office of Surface Mining, South would also update terminology and information collection aspects of this Interior Auditorium, 1951 Constitution reorganize current standards for better proposed rule, you may submit your Avenue NW., Washington, DC 20240. reference and presentation.

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DATES: Submit comments on or before is at least of 60-pound basis weight or Packaging for Mailing, after all pertinent March 29, 2004. the plastic is at least 2 mils thick and information is transferred to the DMM. ADDRESSES: Mail or deliver comments to snugly secured to the either with Although exempt from the notice and the Manager, Mailing Standards, Attn: tape or heatshrinking. Proposed DMM comment requirements of the Neil Berger, U.S. Postal Service, 1735 N. C010.3.4 would increase the minimum Administrative Procedure Act [5 U.S.C. Lynn Street, Room 3025, Arlington, VA thickness specification (mil) for plastic 553(b), (c)] regarding proposed 22209–6038. Written comments may film used as the mailing from rulemaking by 39 U.S.C. 410(a), the also be submitted by facsimile 3⁄4 mil for easy loads and 11⁄4 mils for Postal Service invites public comment transmission to (703) 292–4058. Copies average loads to a minimum thickness on the following proposed revisions to of all written comments will be of 2 mils for either easy or average the Domestic Mail Manual, incorporated available for inspection and loads. This proposed change to a in the Code of Federal Regulations. See photocopying between 9 a.m. and 4 heavier film would be consistent with 39 CFR 111.1. the current standards for plastic mailing p.m., Monday through Friday, at the List of Subjects in 39 CFR Part 111 Postal Service Headquarters Library, in proposed DMM C010.3.3. This 11th Floor North, 475 L’Enfant Plaza, proposed change would also ensure that Postal Service. SW., Washington, DC. mailpieces using solely as the mailing container would maintain PART 111—[AMENDED] FOR FURTHER INFORMATION CONTACT: Neil their integrity throughout transit, Berger at (703) 292–3645, Mailing 1. The authority citation for 39 CFR processing, and delivery. part 111 continues to read as follows: Standards, U.S. Postal Service. Part C010.4.0. This part would SUPPLEMENTARY INFORMATION: When the contain the standards for special Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, general mailability standards from 401, 403, 404, 414, 416, 3001–3011, 3201– mailing currently in DMM 3219, 3403–3406, 3621, 3626, 5001. Domestic Mail Manual (DMM) Issue 45 C010.6.0. were consolidated and republished as Part C010.5.0. This part would 2. Amend the following sections of part C010 in DMM Issue 46 on July 1, include examples and the standards for the Domestic Mail Manual (DMM) as set 1993, most of the same standards on cushioning material currently in DMM forth below: packing, closing, and sealing mailable C010.4.0. Domestic Mail Manual (DMM) articles were also transferred to Postal Part C010.6.0. This part would Service Publication 2, Packaging for contain the standards for closing, * * * * * Mailing. In the intervening 10 years, the sealing, and reinforcing parcels C Characteristics and Content Postal Service has made relatively few currently in DMM C010.5.0. Proposed editorial or substantive changes to the changes would clarify that duct tape C000 General Information current mailing standards and would not be acceptable for closing or C010 General Mailability Standards information in either DMM C010 or in reinforcing parcels. This part would * * * * * Publication 2. include additional information on the With the growing awareness in various types of permissible tapes. This 2.0 PACKAGING effective package preparation, especially part would also expressly prohibit the [Revise heading of 2.1 to read as for parcels, the Postal Service believes use of twine or cord for closure and follows:] that it is important to reexamine these reinforcement. mailing standards, update them where Part C010.8.0. This part would be 2.1 Preparation Adequacy appropriate, and present them in a more extensively amended and reorganized to [Revise 2.1 to read as follows:] logical sequence. clarify packaging standards and to Letters, flats, and parcels presented Throughout this document and the separate the mailpiece weight categories for mailing must be prepared under the relevant DMM sections, the term for various types of articles weighing 35 general and specific standards in the ‘‘package’’ is used to mean a parcel, and pounds and under from those weighing Domestic Mail Manual. Parcels must be is not to be confused with the same term more than 35 pounds. This proposed able to withstand normal transit and used in conjunction with mail change would reflect the current handling without breakage, injury to preparation and presort destination separation between machinable and USPS employees, or damage to other packages of letter-size and flat-size nonmachinable parcels based on the 35- mail. In addition to the standards in 1.0, mailpieces. pound threshold. Books, printed matter, parcels must have an address side with The following listing represents the and business forms do have a 25-pound enough surface area to accommodate major proposed changes: weight limit for machinability as completely the delivery address, return Part C010.2.0. This part would be specified in DMM C700.2.0. Under address, postage, markings, slightly reorganized, with additional DMM C010.8.5 for magnetic tapes, the endorsements, and any barcode and proposed packaging standards included minimum thickness for plastic film special service markings. Separate and about certain items such as liquids, wraps for individual tapes would be additional standards can apply to high-density items, and hazardous changed from 0.00075 mil to 3⁄4 mil, and overseas military mail and international materials that require special packaging the fiberboard and chipboard minimum mail. Mailers can evaluate the adequacy and markings. specifications of 0.022 mil (also of their packaging for parcels by using Part C010.3.0. This part would be designated as 22 points) would be Test Procedure 1A developed by the slightly reorganized, with additional changed to 125-pound test fiberboard or International Safe Transit Association proposed packaging standards for equivalent. (ISTA) (see G043 for address). and changes to the minimum thickness M041.5.6. This section would be of heat-shrinkable plastic film amended to specify that high-density 2.2 Acceptability (shrinkwrap) acceptable for easy and parcels weighing 25 to 35 pounds would [Revise 2.2 by adding 2.9 as the average loads of up to 5 pounds. not be permitted on containing second sentence then revising to read as Proposed DMM C010.3.1d would restore machinable parcels. follows:] the use of or plastic wrappers as USPS Publication 2. This proposed No mailpiece may be prepared or an outside cover for a box if the paper rule would eliminate Publication 2, packed so that its contents or physical

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construction could harm employees or c. High-Density Items. These items are a. Box material: damage equipment or other mail. solid objects other than books (or [Revise 3.1a(1) by changing ‘‘up to 10 Perishable items must be packed to similar publications) whose weight is pounds’’ to ‘‘up to 5 pounds’’ in first prevent deterioration or degradation. comparatively high for their volume sentence and ‘‘up to 20 pounds’’ to ‘‘up Fragile items must be packed to (e.g., tools, hardware, and machine and to 10 pounds’’ in the second sentence to withstand mail processing and auto parts). High-density items weighing read as follows:] transportation. Heavy items must be more than 15 pounds must be packed so (1) boxes (e.g., suitbox) braced and cushioned to prevent that the contents do not exert more than may be used for easy and average loads damage to other mail. State and federal 60 pounds per square foot (0.4167 up to 5 pounds if the contents and any regulations can also affect the pound per square inch) on the smallest cushioning material fill the boxes mailability of mailpieces containing side of the mailing container. completely. Metal-stayed paperboard items such as hazardous, biological, and d. Perishable, Hazardous, or boxes may be used for easy and average restricted materials (see C020). The Restricted Items. These items must be loads up to 10 pounds. USPS accepts only properly prepared packed and marked under C022, C023, (2) Solid and and marked letters, flats, and parcels or C024, respectively. boxes may be used for all load types as and reserves the right to refuse [Redesignate current 2.8 as new 2.4.] shown in Exhibit 3.1, unless otherwise nonmailable matter under 10.0 or any 2.4 Load Type specified. The first maximum reached improperly prepared or packed article whether combined length and girth or [Revise new 2.4 to read as follows:] weight, determines the box grade or substance. The following three terms describe [Revise title of 2.3 to read as follows:] required. The box grade (bursting types of loads, based on content, degree strength) is printed within the 2.3 Special Items of protection, and strength of the boxmaker’s certificate on the box and package or mailing container: shows other specifications such as size [Revise 2.3 by combining with current a. An easy load contains items of and gross weight limits. 2.4, 2.5, 2.6, and 2.7 to read as follows:] moderate density that completely fill The following items require special (3) Wood, metal, or plastic boxes may the mailing container, or are packed be used for all types of loads, assuming attention in packaging: with sufficient surrounding cushioning a. Stationery. Stationery-type items adequate construction. See 8.0 for USPS materials that completely fill the parcel sorting system standards. measuring more than 1 inch thick or mailing container or are packed in weighing more than 1 pound are not interior containers that completely fill Exhibit 3.1 Fiberboard Boxes accepted in flat nongussetted envelopes. the outer mailing container. This load [Add new Exhibit 3.1 to read as The contents must be unitized within type is not easily damaged by shock, follows:] the or mailing container by compression, or puncture, and does not tying, banding, or using partitions on shift within the mailing container or Maximum weight of close-fitting interior containers to present a hazard to other parcels. box and content Maximum prevent shifting, damage to the contents, b. An average load contains (pounds) length Box and breakage to the envelope or mailing moderately concentrated items packed Easy or and girth grade container. directly into a mailing container or are average Difficult (inches) b. Liquids. Mailpieces containing subjected to an intermediate stage of load load liquids must meet these additional packing providing partial support to all standards: surfaces of the mailing container. This 20 N/A 67 125 (1) Containers with only friction-top load type can be prepacked by nesting 40 20 100 175 closures (push-down types) are not 65 45 108 200 items within partitions or in separate 70 65 108 275 acceptable. Screw-on caps, soldering, paperboard boxes to stabilize items and N/A 70 108 350 clips, or other means must be used for prevent shifting and damage. N/A 70 130 350 closure. c. A difficult load contains items that (2) and other breakable require a high degree of protection to b. The size of the box must be containers of liquid with a capacity of prevent shock, puncture, or distortion to sufficiently adequate to contain the more than 4 fluid ounces must be the items or the mailing container. items and provide enough space for cushioned, with material sufficient to Fragile items, delicate instruments, and cushioning material. See 5.0. absorb any leakage in case of breakage, high-density, small-bulky items that do c. Used boxes in good, rigid inside a sealed, leakproof container. not support the mailing container are condition, with all flaps intact, are Containers of liquid with a capacity of not acceptable in paperboard boxes, acceptable if all obsolete and more than 32 fluid ounces must also be bags, or wraps. markings (from previous mailings or packed within another sealed, leakproof [Delete 2.9.] other uses) are entirely removed or container such as a can or sealable [Revise heading of 3.0 to read as completely obliterated. plastic . The outer mailing container follows:] d. A paper wrapper such as kraft must be strong enough to protect the 3.0 MAILING CONTAINERS— paper may be used as an outside cover contents and must be marked to indicate PARCELS for a box if the paper is at least of 60- the liquid nature of the contents. The pound basis weight and snugly secured marking ‘‘LIQUID’’ with orientation 3.1 Boxes to the box. A plastic cover may also be markings (i.e., up arrows) indicating the [Revise 3.1 by combining current 3.1a, used as an outside cover if the plastic upright position of the mailing 3.1b, 3.1c, and 3.1d into new 3.1a; by is at least 2 mils thick and snugly container may be used. redesignating current 3.1e and 3.1f as secured to the box by shrinkwrapping or (3) Steel pails and drums with 3.1b and 3.1c respectively; by adding heatshrinking. carrying handles and positive closures, new 3.1d; and by redesignating current e. Except for parcels prepared for such as locking rings or recessed spouts 3.1g as 3.1e to read as follows:] destination delivery unit entry (e.g., under screw-cap closures, may be Boxes are acceptable, subject to these Parcel Select-DDU), boxes with accepted without additional packaging. standards: difficult loads must be reinforced with

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banding about every 8 inches in each equal the strength of the basic material. for tubes less than 18 inches long, 3⁄32 direction around the package. address labels or adhesive inch thick for tubes 18 to 32 inches [Delete 3.2 and redesignate current postage may not be affixed to cloth long, and 5⁄32 inch thick for tubes more 3.3 through 3.10 as new 3.2 through 3.9, sacks. than 32 inches long. respectively.] 3.6 Bales c. Crimped or taped end closures are [Revise title and text of new 3.2 to not acceptable for other than lightweight read as follows:] [Revise new 3.6 by changing ‘‘within rolled items. Tape must completely postal weight limits’’ to ‘‘only for easy 3.2 Paper Mailing Bags and Wraps encircle all seams when friction slide and average loads of up to 70 pounds’’ closures (end caps) are used. Paper mailing bags and wraps are to read as follows:] acceptable as mailing containers only Bales are acceptable only for easy and 3.9 Cans and Drums for easy and average loads (see 2.4) of average loads of up to 70 pounds, if [Revise 3.9 to read as follows:] up to 20 pounds and only if the contents adequately compressed and reinforced Cans and drums with positive are compressed and stabilized as much to contain the material. closures (e.g., clips) are acceptable. as possible. Paper bags and wraps are 3.7 Envelopes Friction closures alone are not used according to these weight acceptable. Protruding devices, such as [Revise new 3.7 to read as follows:] categories: locking rings, must be shielded by Envelopes used as mailing containers a. For easy loads of up to 5 pounds, padding to prevent injury to USPS must be able to be processed and paper bags and wraps must be at least employees, and damage to equipment, delivered without damage to the of a 50-pound basis weight (the strength or other mail. of an average large grocery bag) and the contents or other mail. Envelopes made of extra-strength materials are necessary [Redesignate current 4.0 as new 5.0, contents must be immune from impact current 5.0 as new 6.0, and current 6.0 or pressure damage. A combination of for items intended for processing on USPS parcel sorting equipment. as new 4.0, and revise heading to read plies (double bagging) adding up to or as follows:] exceeding a 50-pound basis weight is Envelopes are acceptable only for easy not acceptable. loads of up to 5 pounds. Envelopes may 4.0 MAILING CONTAINERS— b. For easy and average loads of up to be used for odd-shaped items, if the SPECIAL ENVELOPES mailpiece meets the standards for that 20 pounds, paper bags must be * * * * * reinforced or at least of a 70-pound basis class of mail. Envelopes must be weight. Nonreinforced loose-fill padded prepared according to these weight 5.0 CUSHIONING limits: bags are not acceptable as mailing [Redesignate current 4.1 and 4.2 as containers, unless the exterior ply is at a. Up to 1 pound, flat nongusseted envelopes are acceptable for nonrigid new 5.2 and 5.3, respectively; add new least of a 60-pound basis weight. 5.1 to read as follows:] [Revise title and text of new 3.3 to stationery and similar material for read as follows:] mailpieces weighing no more than 1 5.1 Acceptable Material pound and measuring no more than 1 Acceptable cushioning material 3.3 Plastic Mailing Bags inch thick. includes , corrugated Bags of or equivalent b. Up to 5 pounds, larger or heavier fiberboard, foamed plastics, and loose- plastic material must be securely sealed envelopes are acceptable for mailpieces fill material such as excelsior, and are acceptable only for easy loads weighing more than 1 pound or polystyrene, and shredded paper. (see 2.4) of up to 10 pounds as follows: measuring more than 1 inch thick. The Combinations of several types of a. Up to 5 pounds, the plastic must be envelopes must be made either from cushioning (such as corrugated at least 2 mils thick. paper equivalent to 28-pound basis b. More than 5 pounds and up to 10 weight or greater, or from extra-strength fiberboard pads and less dense, loose- pounds, the plastic must be at least 4 materials with a Mullen strength of fill material) are also acceptable and mils thick. more than 90 pounds per square inch. help dissipate shock and pressure. Envelopes for photographic film or 3.4 Plastic Film 5.2 Volume gusseted (three dimensional) envelopes [Revise new 3.4 by changing the are acceptable if made from paper [Revise new 5.2 to read as follows:] required thickness for all permitted load equivalent to 24-pound basis weight or Loose-fill cushioning must overfill the types to at least 2 mils to read as greater. mailing container before closure to hold follows:] [Revise heading of new 3.8 to read as the item and prevent its movement to an Heat-shrinkable plastic film (e.g., follows:] inside surface of the container or to irradiated polyethylene, linear low- other items in the package. Shock and density polyolefin, or copolymer) is 3.8 Fiberboard Tubes and Similar pressure forces must be dissipated over acceptable solely as a mailing container Long Containers as much of the surface of the item as only for easy and average loads of up to [Revise new 3.8 by reorganizing text to possible. 5 pounds. The film must be at least 2 read as follows:] 5.3 Several Items Within Container mils thick. When requested, mailers Fiberboard tubes and similar lengthy must provide documentation that this containers are acceptable if they meet [Revise new 5.3 to read as follows:] film is being used for mailing. these requirements: When several items are inside a single a. The length must not exceed 10 mailing container, they must be 3.5 Cloth Bags times the girth. protected from each other as well as [Revise the first sentence and add a b. The strength of the ends must from external forces. Concentrated new second sentence to 3.5 to read as be at least equal to the tube sidewall heavy items must not be packed with follows:] strength, unless the contents are fragile items unless extreme care is Cloth bags are acceptable only for lightweight, rolled items (e.g., posters, exercised to separate them from each easy and average loads of up to 10 charts). Sidewall strength is always other. Heavy items must be adequately pounds. All seams of the bags must equal to solid fiberboard 1⁄16 inch thick stabilized.

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6.0 CLOSURE, SEALING, AND ¥20 degrees to +160 degrees otherwise stabilized to prevent shifting, REINFORCEMENT Fahrenheit. Hot-melt adhesive may be damage to the contents, and breakage to [Revise and redesignate current 5.1, used if at least four strips are applied on the envelope or other mailing container. 5.2, and 5.3 as new 6.2; add new 6.1 to each part of the box flap where the outer Books and publications must be packed, read as follows:] flap overlays the inner flap; each strip closed, and sealed according to these is 3⁄16 inch wide after compression; the weight categories: 6.1 General strips are not more than 11⁄2 inches a. Up to 5 pounds, in close-fitting Standards for closing, sealing, and apart, with the first strip no more than paperboard or fiberboard boxes, padded reinforcing the outside of a mailing 1⁄2 inch from the center seam; and all or reinforced bags (exterior ply of at container depend on the load type (see strips are the full width of the inner least 60-pound basis weight), or wraps 2.4) and the accetable material. Fragile flap, unless hot-melt adhesive is applied (corrugated or at least 60-pound basis items must be packed to withstand to 25% of the area where the outer flap weight paper). Closure must be with processing and transportation. The main lies over the inner flap. multiple friction closures, completely clinched staples, heat-sealing, materials for closing, sealing, and 6.4 Banding reinforcing mailing containers are , tape, or banding. Although adhesives, nonmetallic bandings [Revise new 6.4 to read as follows:] shrinkwrap is not acceptable as the sole (strappings), staples and steel stitching, When banding is used for closure and packaging for hardback books exceeding and tapes (gummed and pressure- reinforcement, it must snugly encircle 1 pound or 1 inch thick, shrinkwrap sensitive). Friction closures, screw caps, the length and girth of the package at may be used on the exterior of otherwise and locking devices are used to close least once and be firmly applied to the acceptable mailing containers. and seal cans and similar containers. point that the straps tighten until they Shrinkwrap at least 2 mils thick may be depress the box at the edges. Twine, used as the sole method of packaging for 6.2 Tapes cord, metal (banding), and paperback books up to 3 pounds. [Revise new 6.2 to read as follows:] loose strapping may not be used for b. From 5 to 10 pounds, in 175-pound tape, masking tape, and closure and reinforcement. test fiberboard boxes or equivalent containers. Closure must be with tape, duct tape may not be used for closure 6.5 Staples and Steel Stitching or reinforcement of packages but may be banding, or adhesives. Reinforced tape used to improve adhesive closures on [Revise 6.5 to read as follows:] or firmly applied banding is adequate Staples and steel stitching are for closure and reinforcement. envelope flaps or to cover staples on 1 mailing bags. Tape that may be used for acceptable if placed not more than 1 ⁄4 c. From 10 to 25 pounds, in 200- closure or reinforcement must meet inches from the ends of the box, and pound test fiberboard boxes or these standards: spaced not more than 5 inches apart for equivalent containers. Closure must be a. Gummed paper (kraft) tape must easy and average loads, and not more with tape, banding, or adhesives. 1 meet these standards: than 2 ⁄2 inches apart for difficult loads. Reinforced tape or firmly applied (1) Reinforced tape is acceptable for Boxes not meeting these requirements banding is adequate for closure and closing and reinforcing regular mailing may be made acceptable by applying a reinforcement. containers, irregular-shaped parcels, strip of 3-inch-wide reinforced tape in d. From 25 to 50 pounds, hardbound and soft-wrapped parcels. the gap between the staples or by publications in 275-pound test (2) Nonreinforced tape is acceptable strapping to compensate for the gap in fiberboard boxes or equivalent only for closing mailing containers if the the closure. Improperly clinched containers, and paperback publications tape is at least of a 60-pound basis staples used with reply (double) cards, in 200-pound test fiberboard boxes or weight kraft. envelopes, flats, or mailing bags are not equivalent containers. Closure must be (3) The adhesive on gummed tape acceptable. with tape, banding, or adhesives. must be adequately activated before * * * * * Reinforced tape or firmly applied application and firmly applied with the [Revise heading of 8.0 to read as banding is adequate for closure and tape extending at least 3 inches over the follows:] reinforcement. adjoining side of the box. Gummed tape e. From 50 to 70 pounds, hardbound 8.0 PARCEL SORTING SYSTEMS is applied correctly if it remains books in 350-pound test fiberboard STANDARDS attached to the mailing container during boxes or equivalent containers, and handling and transportation and if its [Revise heading of 8.1 to read as paperback books in 275-pound test removal causes delamination or at least follows:] fiberboard boxes or equivalent containers. Closure must be with tape, a 50% fiber tear on the surface to which 8.1 Books and Printed Material the tape is applied. banding, or adhesives. Reinforced tape b. Pressure-sensitive tape is [Revise 8.1 to read as follows:] or firmly applied banding is adequate acceptable for closing and reinforcing For packaging purposes only, these for closure and reinforcement. standards include books and printed mailing containers. Except for pressure- 8.2 High-Density Items sensitive filament tape, tape used for material such as magazines, catalogs, closure and reinforcement may not be and directories with 24 pages or more, [Revise 8.2 to read as follows:] less than 2 inches wide. Nonreinforced fastened (bound) along one edge High-density items (see 2.3) must be plastic tape must be at least as strong in between hardback, paperback, or self- packed in fiberboard boxes constructed the cross direction (width) as in the covers. Books or printed material of a minimum specified test board or in machine direction (length) of the tape. measuring more than 1 inch thick or containers of equivalent strength [Redesignate current 5.4, 5.5, and 5.6 weighing more than 1 pound are not constructed of wood, metal, or plastic. as new 6.3, 6.4, and 6.5, respectively.] acceptable in flat nongusseted Plastic, metal, and similar hard envelopes. Other envelopes meeting the containers must be treated or otherwise 6.3 Adhesive standards in 3.7 must be used. Empty prepared so that their coefficient of [Revise new 6.3 to read as follows:] spaces within envelopes or other friction or ability to slide on a smooth, Adhesives for closure on box flaps or mailing containers must be filled with hard surface is similar to that of a on tapes must remain serviceable from acceptable cushioning material or domestic-class fiberboard box of the

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same approximate size and weight. polyethylene or equivalent), or banding is adequate for reinforcement. Boxes without inner packing or paperboard or fiberboard box. Reinforcement must be placed about containing loose material must be b. From 5 to 10 pounds, cloth bag, every 8 inches around the container. reinforced with reinforced paper or , filament-reinforced paper 8.5 Magnetic Tapes plastic tape, pressure-sensitive filament bag, paper wraps (with an exterior ply tape, or banding tightened until the of at least 70-pound basis weight), [Revise 8.5 to read as follows:] straps depress the at the edges. (at least 4 mils thick A single tape or cartridge (e.g., audio Internal blocking and bracing, including polyethylene or equivalent), or or video) may be packed in plastic film the use of interior containers, cut forms, paperboard or fiberboard box. wrap (at least 0.75 mil thick) or in partitions, cushioning material, and c. From 10 to 20 pounds, paper bag, cushioned bags, or cushioned and liners, must be used as required so that paper wraps (with an exterior ply of at packed in paper bags with a 60-pound packages maintain their integrity least 70-pound basis weight), reinforced minimum basis weight. Shrinkwrapping without damage to the contents if paper bag, or 175-pound test fiberboard is acceptable on the exterior of dropped once on one of their smallest box or equivalent container otherwise acceptable boxes of multiple sides on a solid surface from a height of d. From 20 to 35 pounds, 200-pound tape shipments. Shipments of multiple 3 feet. High-density items must be test fiberboard box or equivalent magnetic tapes and cartridges must be packed, closed, and sealed according to container. Closure must be with staples, packed and sealed according to these these weight categories: heat-shrinking, adhesives, or tape. weight categories: a. Up to 20 pounds, 200-pound test Pressure-sensitive filament tape or a. Up to 5 pounds, in 125-pound test fiberboard boxes or equivalent banding is adequate for reinforcement. fiberboard boxes or equivalent containers. Closure must be with e. From 35 to 70 pounds, 275-pound containers. Closure must be with staples, heat-shrinking, adhesives, or test fiberboard box or equivalent multiple friction closures, completely tape. Reinforced tape, pressure-sensitive container. Closure must be with staples, clinched staples, heat-shrinking or filament tape, or banding is adequate for heat-shrinking, adhesives, or tape. adhesives, or tape. Paper tape must be reinforcement. Pressure-sensitive filament tape or at least 60-pound basis weight kraft. b. From 20 to 35 pounds, 200-pound banding is adequate for reinforcement. b. From 5 to 20 pounds, in 125-pound test fiberboard boxes or equivalent [Revise heading of 8.4 to read as test fiberboard boxes or equivalent containers. Closure must be with follows:] containers. Closure must be with staples, heat-shrinking, adhesives, or 8.4 Records and Compact Discs adhesives, tape, equivalent tape. Pressure-sensitive filament tape or plastic tape, or staples. banding is adequate for reinforcement. [Revise 8.4 to read as follows:] c. From 35 to 70 pounds, 275-pound Audio and video records and compact c. From 20 to 35 pounds, in 175- test fiberboard boxes or equivalent discs, (and paper sleeves, paperboard or pound test fiberboard boxes or containers. Closure must be with chipboard shells, or plastic cases) must equivalent containers that are banded or staples, heat-shrinking, adhesives, or be packed, closed, and sealed according reinforced at two points with reinforced tape. Pressure-sensitive filament tape or to these weight categories: paper or plastic tape, pressure-sensitive banding is adequate for reinforcement. a. Up to 10 pounds, individual or filament tape, or firmly applied multiple shell in 70-pound basis weight banding. Closure and reinforcement 8.3 Soft Goods envelopes for shipments up to 3 must be with adhesives, kraft paper [Revise 8.3 to read as follows:] pounds, or outer corrugated, fiberboard tape, equivalent plastic tape, or staples. Soft goods include clothing and any containers for shipments up to 10 d. From 35 to 70 pounds, in 200- textile items such as sheets, blankets, pounds. Closure and reinforcement pound test fiberboard boxes or pillows, draperies, and cloth. Soft goods must be with adhesives, kraft paper equivalent containers (for shipments may be packed in mailing bags or boxes. tape, equivalent plastic tape, or staples. weighing 35 to 65 pounds) or in 275- Soft goods intended for processing on b. From 10 to 20 pounds, multiple pound test fiberboard boxes or USPS parcel sorting equipement must shell containers in 125-pound test equivalent containers (for shipments be in mailing containers made of extra- fiberboard boxes or equivalent weighing more than 65 pounds). Closure strength materials to ensure container containers. Closure must be with and reinforcement must be with integrity throughout processing. Closure adhesives, kraft paper tape, equivalent adhesives, kraft paper tape, equivalent of bags must be with completely plastic tape, or staples. Reinforced tape, plastic tape, or staples. Reinforcement clinched staples, heat-sealing, pressure-sensitive filament tape, or must be placed about every 8 inches adhesives, stitching, or tape. Paper bags, banding is adequate for reinforcement. around the container. plastic bags, or wraps must be secured Reinforced tape is adequate for closure * * * * * to allow compression and prevent and reinforcement. bursting during processing and c. From 20 to 35 pounds, multiple C020 Restricted or Nonmailable transportation. Closure of boxes and shell containers in 175-pound test Articles and Substances similar mailing containers must be with fiberboard boxes or equivalent * * * * * staples, adhesive, heat sealing, banding, containers. Closure and reinforcement C022 Perishables reinforced tape, or pressure-sensitive must be with adhesives, kraft paper tape. Reinforced tape is adequate to tape, equivalent plastic tape, or staples. * * * * * d. From 35 to 70 pounds, multiple close and reinforce bags and boxes. 3.0 LIVE ANIMALS Shrinkwrapping is not acceptable as the shell containers in 200-pound test only packaging. Soft goods must be fiberboard boxes or equivalent * * * * * packed, closed, and sealed according to containers (for shipments weighing 35 3.5 Adult Chickens these weight categories: to 65 pounds) or in 275-pound test a. Up to 5 pounds, cloth bag, paper fiberboard boxes or equivalent [Change in second sentence ‘‘(detailed bag, paper wraps (with an exterior ply containers (for shipments weighing in Publication 2, Packaging for of at least 50-pound basis weight), more than 65 pounds). Reinforced tape, Mailing)’’ to ‘‘(see G043 for address).’’] plastic bag (at least 2 mils thick pressure-sensitive filament tape, or * * * * *

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G General Information submitted by the State of Michigan on SUPPLEMENTARY INFORMATION: G000 The USPS and Mailing April 3, 2003. The submittal made by Throughout this document, the term Standards the Michigan Department of ‘‘you’’ refers to the reader of this rule Environmental Quality (MDEQ) and/or to sources subject to the State * * * * * responds to the EPA’s regulation rule, and the terms ‘‘we’’, ‘‘us’’, or ‘‘our’’ G040 Information Resources entitled, ‘‘Finding of Significant refer to EPA. Contribution and Rulemaking for On April 3, 2003, MDEQ submitted a * * * * * Certain States in the Ozone Transport NOX emission control plan to the EPA G043 Address List for Correspondence Assessment Group Region for Purposes for inclusion in Michigan’s SIP to meet of Reducing Regional Transport of the requirements of the Phase I NOX SIP * * * * * Ozone,’’ otherwise known as the ‘‘NOX Call. The revisions generally comply OTHER SIP Call.’’ The rules submitted by with the requirements of the Phase I MDEQ establish and require nitrogen NOX SIP Call. Included in this * * * * * oxides (NO ) emissions reductions document are Michigan Rules 802 [Add address to read as follows:] X through an allowance trading program through 817. The information in this International Safe Transit Association, for large electric generating and proposed conditional approval is 1400 Abbott Rd Ste 160, East Lansing industrial units, and reductions from organized as follows: MI 48823–1900, http://www.ista.org. cement kilns, beginning in 2004. The I. General Information * * * * * intended effect of the regulations II. Background M Mail Preparation and Sortation submitted by MDEQ is to reduce A. What is EPA proposing today? emissions of NOX in order to help attain B. What are the NOX SIP Call general M000 General Preparation Standards the national ambient air quality requirements? C. What is EPA’s NO budget and * * * * * standard for ozone. We are proposing to X conditionally approve Michigan’s allowance trading program? M040 Pallets D. EPA’s Section 126 Rule in Michigan. Oxides of Nitrogen Budget Trading E. What guidance did EPA use to evaluate M041 General Standards Program because it generally meets the Michigan’s submittal? requirements of the Phase I NO SIP * * * * * X F. What is the result of EPA’s evaluation Call that will significantly reduce ozone of Michigan’s program? 5.0 PREPARATION in Michigan and ozone transport in the G. NOX Allowance Allocations H. NOX Budget Permits * * * * * eastern United States. We deemed the submittal as administratively and I. What deficiencies must be addressed by 5.6 Mail on Pallets technically complete in a letter of MDEQ? J. What happens if MDEQ fails to address These standards apply to mail on completeness sent to MDEQ on April these deficiencies? 24, 2003. pallets: III. Michigan’s Control of NOX Emissions * * * * * DATES: We must receive written A. When did Michigan submit the SIP [Add new 5.6j to read as follows:] comments on or before March 29, 2004. revision to EPA in response to the NOX SIP Call? j. High-density parcels (see C010) ADDRESSES: You should send written B. When did Michigan hold public weighing 25 to 35 pounds must not be comments to: J. Elmer Bortzer, Acting hearings and what were the results? placed on the same with Chief, Air Programs Branch (AR–18J), C. What is included in Michigan’s NOX SIP machinable parcels. U.S. Environmental Protection Agency, Call Revision? * * * * * Region 5, 77 West Jackson Boulevard, D. What is the Compliance Supplement We will publish an appropriate Chicago, Illinois 60604. Pool? amendment to 39 CFR 111 to reflect You may inspect copies of the State E. How does Michigan’s NOX SIP affect sources subject to EPA’s Section 126 these changes if the proposal is adopted. submittal and EPA’s analysis of it at: Rule in the SIP Call Area? Neva R. Watson, Criteria Pollutant Section, Air IV. EPA’s Proposal Programs Branch (AR–18J), U.S. V. Statutory and Executive Order Reviews Attorney. Environmental Protection Agency, [FR Doc. 04–4212 Filed 2–25–04; 8:45 am] Region 5, 77 West Jackson Boulevard, I. General Information BILLING CODE 7710–12–P Chicago, Illinois 60604. (Please contact A. How Can I Get Copies Of This Douglas Aburano at (312) 353–6960 or Document and Other Related [email protected] before Information? ENVIRONMENTAL PROTECTION visiting the Region 5 Office. AGENCY 1. We have established an official Comments may also be submitted public rulemaking file available for electronically or through hand delivery/ 40 CFR Part 52 inspection at the Regional Office. EPA courier; please follow the detailed has established an official public [MI84–01; FRL–7627–1] instructions described in Part(I)(B)(1)(i) rulemaking file for this action under through (iii) of the Supplementary ‘‘Region 5 Air Docket MI84’’. The Approval and Promulgation of Information section. Implementation Plans: Michigan: official public file consists of the FOR FURTHER INFORMATION CONTACT: Oxides of Nitrogen Rules documents specifically referenced in Douglas Aburano, Environmental this action, any public comments AGENCY: Environmental Protection Engineer, Criteria Pollutant Section received, and other information related Agency (EPA). (AR–18J), Air Programs Branch, Air and to this action. Although a part of the ACTION: Proposed rule. Radiation Division, United States official docket, the public rulemaking Environmental Protection Agency, file does not include Confidential SUMMARY: EPA is proposing to Region 5, 77 West Jackson Boulevard, Business Information (CBI) or other conditionally approve a State Chicago, Illinois 60604, (312) 353–6960, information whose disclosure is Implementation Plan (SIP) revision [email protected]. restricted by statute. The official public

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