83 FR 9433 - Production or Disclosure of Material or Information; Technical Corrections

POSTAL SERVICE

Federal Register Volume 83, Issue 44 (March 6, 2018)

Page Range		9433-9435
FR Document		2018-04449

The Postal Service is revising a citation and a requirement in the Change of Address Request Format for Process Servers. An incorrect citation is corrected, and the requirement to provide a copy of the statute or regulation that empowers a requester to serve process is revised to be optional rather than mandatory.

Federal Register, Volume 83 Issue 44 (Tuesday, March 6, 2018)

[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Rules and Regulations]
[Pages 9433-9435]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04449]


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POSTAL SERVICE

39 CFR Part 265


Production or Disclosure of Material or Information; Technical 
Corrections

AGENCY: Postal Service^TM.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Postal Service is revising a citation and a requirement in 
the Change of Address Request Format for Process Servers. An incorrect 
citation is corrected, and the requirement to provide a copy of the 
statute or regulation that empowers a requester to serve process is 
revised to be optional rather than mandatory.

DATES: This final rule is effective on March 6, 2018.

FOR FURTHER INFORMATION CONTACT: Natalie A. Bonanno, Chief Counsel, 
Federal Compliance, [email protected], 202-268-2944.

SUPPLEMENTARY INFORMATION: On November 30, 2016 (81 FR 86270), the 
Postal Service published its revised Freedom of Information Act (FOIA) 
regulations to comply with the FOIA Improvement Act of 2016 (FOIAIA), 
effective December 27, 2016. In response to public comments, the Postal 
Service published an additional change to these regulations on January 
10, 2017 (82 FR 2896). After further review, the Postal Service 
published miscellaneous technical corrections to its regulations on 
March 8, 2017 (82 FR 12921). The Postal Service is now making two 
technical corrections to the Change of Address or Boxholder Request 
Format for process servers found at 39 CFR 265.14. The first revision 
makes the requirement to provide a copy of the statute or regulation 
that empowers a requester to serve process optional rather than 
mandatory. The second revision changes the incorrect citation 39 CFR 
265.14(d)(4)(ii) to 39 CFR 265.14(d).

List of Subjects in 39 CFR Part 265

    Administrative practice and procedure, Courts, Freedom of 
information, Government employees.

    For the reasons stated in the preamble, the Postal Service amends 
39 CFR part 265 as follows:

PART 265--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION

0
1. The authority citation for part 265 continues to read as follows:

    Authority: 5 U.S.C. 552; 5 U.S.C. App. 3; 39 U.S.C. 401, 403, 
410, 1001, 2601; Pub. L. 114-185.


0
2. Section 265.14 is amended by revising the figure titled ``Change of 
Address or Boxholder Request Format--Process Servers'' to read as 
follows:


Sec.  265.14   Rules concerning specific categories of records.

* * * * *
    (g) * * *

BILLING CODE 7710-12-P

[[Page 9434]]

[GRAPHIC] [TIFF OMITTED] TR06MR18.000


[[Page 9435]]


* * * * *

Tracy A. Quinlan,
Attorney, Federal Compliance.
[FR Doc. 2018-04449 Filed 3-5-18; 8:45 am]
 BILLING CODE 7710-12-C

$Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Rules and Regulations 9433 inform the users of the waterway corrected, and the requirement to requester to serve process optional through our Local and Broadcast provide a copy of the statute or rather than mandatory. The second Notices to Mariners of the change in regulation that empowers a requester to revision changes the incorrect citation operating schedule for the subject bridge serve process is revised to be optional 39 CFR 265.14(d)(4)(ii) to 39 CFR so that vessel operators can arrange their rather than mandatory. 265.14(d). transits to minimize any impact caused DATES: This final rule is effective on by the temporary deviation. List of Subjects in 39 CFR Part 265 March 6, 2018. In accordance with 33 CFR 117.35(e), Administrative practice and the drawbridge must return to its regular FOR FURTHER INFORMATION CONTACT: procedure, Courts, Freedom of operating schedule immediately at the Natalie A. Bonanno, Chief Counsel, information, Government employees. end of the designated time period. This Federal Compliance, deviation from the operating regulations natalie.a.bonanno@usps.gov, 202–268– For the reasons stated in the is authorized under 33 CFR 117.35. 2944. preamble, the Postal Service amends 39 CFR part 265 as follows: Dated: February 27, 2018. SUPPLEMENTARY INFORMATION: On Steven Michael Fischer, November 30, 2016 (81 FR 86270), the PART 265—PRODUCTION OR Bridge Administrator, Thirteenth Coast Guard Postal Service published its revised DISCLOSURE OF MATERIAL OR District. Freedom of Information Act (FOIA) INFORMATION [FR Doc. 2018–04568 Filed 3–5–18; 8:45 am] regulations to comply with the FOIA BILLING CODE 9110–04–P Improvement Act of 2016 (FOIAIA), ■ 1. The authority citation for part 265 effective December 27, 2016. In continues to read as follows: response to public comments, the Postal Authority: 5 U.S.C. 552; 5 U.S.C. App. 3; POSTAL SERVICE Service published an additional change 39 U.S.C. 401, 403, 410, 1001, 2601; Pub. L. to these regulations on January 10, 2017 114–185. 39 CFR Part 265 (82 FR 2896). After further review, the Postal Service published miscellaneous ■ 2. Section 265.14 is amended by Production or Disclosure of Material or technical corrections to its regulations revising the figure titled ‘‘Change of Information; Technical Corrections on March 8, 2017 (82 FR 12921). The Address or Boxholder Request Format— Postal Service is now making two Process Servers’’ to read as follows: AGENCY: Postal ServiceTM. ACTION: Final rule. technical corrections to the Change of § 265.14 Rules concerning specific Address or Boxholder Request Format categories of records. SUMMARY: The Postal Service is revising for process servers found at 39 CFR * * * * * a citation and a requirement in the 265.14. The first revision makes the Change of Address Request Format for requirement to provide a copy of the (g) * * * Process Servers. An incorrect citation is statute or regulation that empowers a BILLING CODE 7710–12–P jstallworth on DSKBBY8HB2PROD with RULES VerDate Sep<11>2014 15:02 Mar 05, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\06MRR1.SGM 06MRR1$

Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Rules and Regulations 9435

* * * * * www.regulations.gov, or please contact including how the annual design value
the person identified in the FOR FURTHER for 2014–2016 was calculated, are
Tracy A. Quinlan,
INFORMATION CONTACT section for explained in the NPR and will not be
Attorney, Federal Compliance.
additional availability information. restated here. EPA received comments
[FR Doc. 2018–04449 Filed 3–5–18; 8:45 am] that are addressed in Section III of this
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 7710–12–C
Gavin Huang, (215) 814–2042, or by rulemaking action.
email at huang.gavin@epa.gov. III. Public Comments and EPA’s
SUPPLEMENTARY INFORMATION: Responses
ENVIRONMENTAL PROTECTION
AGENCY I. Background EPA received adverse comments from
On November 2, 2017 (82 FR 50851), one commenter, the Clean Air Council
40 CFR Part 52 (hereinafter referred to as the
EPA published a notice of proposed
[EPA–R03–OAR–2017–0479; FRL–9975– rulemaking (NPR) for the Lebanon ‘‘Commenter’’). The Commenter
00—Region 3] County Area. In the NPR, EPA proposed expressed concern about EPA’s
to determine that the Lebanon County calculations performed for this
Air Quality Plans; Pennsylvania; Area attained the 2012 annual PM2.5 determination of attainment. The
Lebanon County 2012 Fine Particulate NAAQS. Commenter states, ‘‘EPA should perform
Matter Standard Determination of Under EPA’s longstanding Clean Data its calculations again and provide
Attainment Policy,1 which was codified in EPA’s explanations for its conclusions, which
Clean Air Fine Particulate were not substantiated by the
AGENCY: Environmental Protection background documents in the
Agency (EPA). Implementation Rule (72 FR 20586,
April 25, 2007), EPA may issue a rulemaking docket.’’ EPA provided its
ACTION: Final rule. explanations and support for the
determination of attainment after notice
SUMMARY: The Environmental Protection and comment rulemaking determining determination of attainment in the NPR
Agency (EPA) is making a final that a specific area is attaining the and explained the certified annual
determination that the Lebanon County, relevant standard. See 40 CFR 51.1004. design value for 2014–2016 is 11.2 mg/
Pennsylvania nonattainment area (the The effect of a clean data determination m3, which is below the 2012 annual
Lebanon County Area) has attained the is to suspend the requirement for the primary PM2.5 standard of 12.0 mg/m3.
2012 annual fine particulate matter area to submit an attainment The Commenter’s specific concerns are
(PM2.5) national ambient air quality demonstration, RACM, RFP plan, summarized and addressed in this
standards (NAAQS). This determination contingency measures, and any other section.
Comment 1: For the 2015 annual
of attainment, also known as a clean planning State Implementation Plans
mean, the Commenter confirmed the
data determination, is based on quality (SIPs) related to attainment for as long
annual mean calculation from EPA but
assured and certified ambient air quality as the area continues to attain the
had comments regarding data from the
data for the 2014–2016 monitoring standard. In EPA’s Fine Particulate
second quarter of 2015. The Commenter
period. The effect of this determination Matter National Ambient Air Quality
noted there was only monitored data for
of attainment suspends certain planning Standards: State Implementation Plan
64 of the 91 days in the quarter which
requirements for the area, including the Requirements final rule (81 FR 58010,
led EPA to conduct a ‘‘data
requirement to submit an attainment August 24, 2016), EPA reaffirmed the
completeness test.’’ The Commenter
demonstration and associated Clean Data Policy at 40 CFR 51.1015.
states that ‘‘EPA substituted 30.5
reasonably available control measures
II. EPA’s Evaluation micrograms per cubic meter for each of
(RACM), a reasonable further progress
Under EPA regulations at 40 CFR part the 27 days of missing data, based on
(RFP) plan, and contingency measures.
50, section 50.18 and appendix N, the the premise that this figure was the
These requirements would be
annual primary PM2.5 standard is met highest daily average in the second
suspended for as long as the area
when the 3-year average of PM2.5 annual quarters of 2014, 2015, and 2016’’ and
continues to meet the 2012 annual PM2.5
mean mass concentrations for each stated that this figure was the daily
NAAQS. This action is not a
eligible monitoring site is less than or average for June 11, 2015, during the
redesignation to attainment for the area.
equal to 12.0 micrograms per cubic second quarter of 2015. The Commenter
This action is being taken under the
meter (mg/m3). Three years of valid states that EPA does not acknowledge
Clean Air Act (CAA).
annual means are required to produce a that there was actually a higher daily
DATES: This final rule is effective on value of 34 mg/m3 on May 11, 2016,
April 5, 2018. valid annual PM2.5 NAAQS design
value. during the second quarter of 2016 based
ADDRESSES: EPA has established a on data Commenter obtained from an
Consistent with the requirements of
docket for this action under Docket ID EPA website.2 The Commenter states
40 CFR part 50, section 50.18 and
Number EPA–R03–OAR–2017–0479. All that it is possible that EPA excluded this
appendix N, EPA determined the
documents in the docket are listed on figure under the rationale that there was
Lebanon County Area has attained the
the http://www.regulations.gov website. an ‘‘extraordinary event.’’ The
2012 annual PM2.5 NAAQS. The
Although listed in the index, some Commenter also notes there was
certified annual design value for 2014–
information is not publicly available, additional monitored data available
2016 is 11.2 mg/m3, which is below the
e.g., confidential business information related to Parameter Occurrence Code 3
2012 annual primary PM2.5 standard of
(CBI) or other information whose (POC 3) from the EPA website for the
12.0 mg/m3.
jstallworth on DSKBBY8HB2PROD with RULES

disclosure is restricted by statute. second quarter of 2015 which EPA did
The specific requirements of this
Certain other material, such as not consider in supporting the
determination of attainment and the
copyrighted material, is not placed on determination of attainment. The
rationale for EPA’s proposed action,
the internet and will be publicly Commenter notes the design value
available only in hard copy form. 1 ‘‘Clean Data Policy for the Fine Particle National
Publicly available docket materials are Ambient Air Quality Standards,’’ Memorandum 2 https://www.epa.gov/outdoor-air-quality-data/

available through http:// from Stephen D. Page, December 14, 2004. download-daily-data.

VerDate Sep<11>2014 16:10 Mar 05, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\06MRR1.SGM 06MRR1

Document Created: 2018-11-01 08:49:25
Document Modified: 2018-11-01 08:49:25

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on March 6, 2018.
Contact		Natalie A. Bonanno, Chief Counsel, Federal Compliance, [email protected], 202-268-2944.
FR Citation		83 FR 9433
CFR Associated		Administrative Practice and Procedure; Courts; Freedom of Information and Government Employees