Revisions to the Requirements for Authority To Manufacture and Distribute Postage Evidencing Systems, 56471-56472 [2010-23031]
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Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Rules and Regulations
List of Subjects in 33 CFR Part 165
authorized by the Captain of the Port
Pittsburgh.
(2) Persons or vessels requiring entry
into, departure from, or passage through
a safety zone must request permission
from the Captain of the Port Pittsburgh
or a designated representative. They
may be contacted on VHF–FM Channel
13 or 16, or through Coast Guard Sector
Ohio Valley at 1–800–253–7465.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Pittsburgh and
designated on-scene U.S. Coast Guard
patrol personnel. On-scene U.S. Coast
Guard patrol personnel includes
Commissioned, Warrant, and Petty
Officers of the U.S. Coast Guard.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security Measures,
Waterways.
Dated: August 16, 2010.
S.T. Higman,
Lieutenant Commander, U.S. Coast Guard,
Acting, Captain of the Port Pittsburgh.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
[FR Doc. 2010–23178 Filed 9–15–10; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS
AREAS.
POSTAL SERVICE
1. The authority citation for part 165
continues to read as follows:
Revisions to the Requirements for
Authority To Manufacture and
Distribute Postage Evidencing
Systems
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing, disestablishing, or
changing Regulated Navigation Areas
and security or safety zones.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
■
BILLING CODE 9110–04–P
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T08–0723 to read as
follows:
■
erowe on DSK5CLS3C1PROD with RULES
(a) Location. All waters of the Ohio
River, from surface to bottom, from Mile
Marker 90.2 to Mile Marker 90.5 on the
Ohio River, extending the width of the
river. These markings are based on the
USACE’s Ohio River Navigation Charts
(Chart 1, January 2000).
(b) Effective period. This section is
effective from 8:45 p.m. through 10:15
p.m. on September 18, 2010 (rain date
September 19, 2010).
(c) Periods of Enforcement. This
section will be enforced from 8:45 p.m.
through 10:15 p.m. on September 18,
2010 (rain date September 19, 2010).
The Captain of the Port Pittsburgh or a
designated representative will inform
the public through broadcast notices to
mariners of the enforcement period for
the safety zone as well as any changes
in the planned schedule.
(d) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into this zone is prohibited unless
14:00 Sep 15, 2010
Jkt 220001
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Postal Service is revising
its regulations to require that companies
that manufacture and distribute postage
evidencing systems (‘‘Company or
Companies’’) engage a qualified,
independent audit firm to perform an
examination of and provide an opinion
on the design and operating
effectiveness of relevant internal control
activities performed by the Companies
as service providers to the Postal
Service under the Statement on
Auditing Standards (SAS) No. 70 (‘‘SAS
70’’).
DATES: Effective Date: September 16,
2010.
SUMMARY:
§ 165.T08–0723 Wheeling Heritage Port
Sternwheel Foundation fireworks display,
Ohio River, Pittsburgh, PA.
VerDate Mar<15>2010
39 CFR Part 501
FOR FURTHER INFORMATION CONTACT:
Marlo Kay Ivey, Marketing Specialist,
Postage Technology Management, U.S.
Postal Service, at 202–268–7613.
SUPPLEMENTARY INFORMATION: Postage
Evidencing Systems are devices or
systems of components that a customer
uses to print evidence that the prepaid
postage required for mailing has been
paid. They include, but are not limited
to, postage meters and PC Postage
systems. The Postal Service regulates
these systems and their use in order to
protect postal revenue. Only Postal
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
56471
Service–authorized product service
providers may design, produce, and
distribute Postage Evidencing Systems.
The Postal Service published a
proposed rule in the Federal Register on
June 1, 2010 at 73 FR 30309–30310 to
amend the requirements for authority to
manufacture and distribute postage
evidencing systems. This revision
clarifies the internal controls required in
39 CFR 501.15(i), Computerized Meter
Resetting System, and 501.16(f), PC
Postage Payment Methodology. The
internal controls requirement was added
as part of a final rule published in the
Federal Register on November 9, 2006,
at 71 FR 65732.
Comments: Two comments were
received from the Companies (that
manufacture or distribute postage
evidencing systems). The first was
notification of intent to comply. The
second requested that the proposed
amendment be modified to allow a
Company with qualified internal audit
departments, which meets the
independence requirements under the
Standards for the Professional Practice
of the Institute of Internal Auditors
(‘‘IIA’’), to utilize its internal audit
department to perform the internal
controls examination in lieu of engaging
an independent audit firm.
The Postal Service gave thorough
consideration to this comment. While
the Postal Service recognizes the IIA as
the authoritative body over internal
audit activities, SAS 70 (Type II)
examinations are subject to the
American Institute of Certified Public
Accountants (‘‘AICPA’’) professional
standards, which impose more stringent
independence requirements and a
requirement that the examination be
performed by a licensed CPA. Therefore,
the Postal Service will not modify the
proposed amendments as requested and
will require the Companies to annually
obtain an SAS 70 (Type II) examination
of relevant internal controls by a
qualified, independent, external audit
firm. The Postal Service gave through
consideration to the comments it
received, and now announces the
adoption of the final rule.
List of Subjects in 39 CFR Part 501
Postal Service.
■ Accordingly, 39 CFR part 501 is
amended as follows:
PART 501—[AMENDED]
1. The authority citation for 39 CFR
part 501 continues to read as follows:
■
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
401, 403, 404, 410, 2601, 2605, Inspector
General Act of 1978, as amended (Pub. L. 95–
452, as amended); 5 U.S.C. App. 3.
E:\FR\FM\16SER1.SGM
16SER1
56472
Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Rules and Regulations
2. Section 501.15 is amended by
revising paragraph (i) to read as follows:
■
§ 501.15 Computerized Meter Resetting
System.
erowe on DSK5CLS3C1PROD with RULES
*
*
*
*
*
(i) Security and Revenue Protection.
To receive Postal Service approval to
continue to operate systems in the
CMRS environment, the RC must submit
to a periodic examination of its CMRS
system and any other applications and
technology infrastructure that may have
a material impact on Postal Service
revenues, as determined by the Postal
Service. The examination shall be
performed by a qualified, independent
audit firm and shall be conducted in
accordance with the Statement on
Auditing Standards (SAS) No. 70,
Service Organizations, developed by the
American Institute of Certified Public
Accountants (AICPA), as amended or
superseded. The examination shall
include testing of the operating
effectiveness of relevant RC internal
controls (Type II SAS70 Report). If the
service organization uses another
service organization (sub-service
provider), Postal Service Management
should consider the nature and
materiality of the transactions processed
by the sub-service organization and the
contribution of the sub-service
organization’s processes and controls in
the achievement of the Postal Service’s
information processing objectives. The
Postal Service should have access to the
sub-service organization’s SAS 70
report. The control objectives to be
covered by the SAS 70 report are subject
to Postal Service review and approval
and are to be provided to the Postal
Service 30 days prior to the initiation of
each examination period. As a result of
the examination, the auditor shall
provide the RC and the Postal Service
with an opinion on the design and
operating effectiveness of the RC’s
internal controls related to the CMRS
system and any other applications and
technology infrastructure considered
material to the services provided to the
Postal Service by the RC. Such
examinations are to be conducted on no
less than an annual basis, and are to be
as of and for the twelve months ended
June 30 of each year (except for the
period ending June 30, 2010, for which
the period of coverage will be no less
than six months, and except for new
contracts for which the examination
period will be no less than the period
from the contract date to the following
June 30, unless otherwise agreed to by
the Postal Service). The examination
reports are to be provided to the Postal
Service by August 15 of each year. To
the extent that internal control
VerDate Mar<15>2010
14:00 Sep 15, 2010
Jkt 220001
weaknesses are identified in a Type II
SAS 70 report, the Postal Service may
require the remediation of such
weaknesses and review working papers
and engage in discussions about the
work performed with the auditor. Postal
Service requires that all remediation
efforts (if applicable) are completed and
reported by the RC prior to the Postal
Service’s fiscal year end (September 30).
The RC will be responsible for all costs
to conduct these examinations.
*
*
*
*
*
■ 3. Section 501.16 is amended by
revising paragraph (f) to read as follows:
§ 501.16 PC postage payment
methodology.
*
*
*
*
*
(f) Security and revenue protection.
To receive Postal Service approval to
continue to operate PC Postage systems,
the provider must submit to a periodic
examination of its PC Postage system
and any other applications and
technology infrastructure that may have
a material impact on Postal Service
revenues, as determined by the Postal
Service. The examination shall be
performed by a qualified, independent
audit firm and shall be conducted in
accordance with the Statement on
Auditing Standards (SAS) No. 70,
Service Organizations, developed by the
American Institute of Certified Public
Accountants (AICPA), as amended or
superseded. The examination shall
include testing of the operating
effectiveness of relevant provider
internal controls (Type II SAS 70
Report). If the service organization uses
another service organization (subservice provider), Postal Service
Management should consider the nature
and materiality of the transactions
processed by the sub-service
organization and the contribution of the
sub-service organization’s processes and
controls in the achievement of the
Postal Service’s information processing
objectives. The Postal Service should
have access to the sub-service
organization’s SAS 70 report. The
control objectives to be covered by the
SAS 70 report are subject to Postal
Service review and approval and are to
be provided to the Postal Service 30
days prior to the initiation of each
examination period. As a result of the
examination, the auditor shall provide
the provider, and the Postal Service,
with an opinion on the design and
operating effectiveness of the internal
controls related to the PC Postage
system and any other applications and
technology infrastructure considered
material to the services provided to the
Postal Service by the provider. Such
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
examinations are to be conducted on no
less than an annual basis, and are to be
as of and for the twelve months ended
June 30 of each year (except for the
period ending June 30, 2010 for which
the period of coverage will be no less
than six months, and except for new
contracts for which the examination
period will be no less than the period
from the contract date to the following
June 30, unless otherwise agreed to by
the Postal Service). The examination
reports are to be provided to the Postal
Service by August 15 of each year. To
the extent that internal control
weaknesses are identified in a Type II
SAS 70 report, the Postal Service may
require the remediation of such
weaknesses and review working papers
and engage in discussions about the
work performed with the auditor. The
provider will be responsible for all costs
to conduct these examinations.
*
*
*
*
*
Neva R. Watson,
Attorney, Legislative.
[FR Doc. 2010–23031 Filed 9–15–10; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 790
[EPA–HQ–OPPT–2009–0894; FRL–8832–8]
RIN 2070–AJ59
Amendments to Enforceable Consent
Agreement Procedural Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is revising the
procedures for developing Enforceable
Consent Agreements (ECAs) to generate
test data under the Toxic Substances
Control Act (TSCA). The main features
of the ECA process that EPA is changing
include when and how to initiate
negotiations and inserting a firm
deadline at which negotiations will
terminate. EPA is also deleting,
modifying, or consolidating several
sections of 40 CFR part 790 to place the
ECA provisions in one section and the
Interagency Testing Committee (ITC)
provisions in a separate section, to make
it clearer that there is one ECA
negotiation procedure applicable to all
circumstances when an ECA would be
appropriate, and to make conforming
changes in other sections that reference
the ECA procedures.
DATES: This final rule is effective
October 18, 2010.
SUMMARY:
E:\FR\FM\16SER1.SGM
16SER1
Agencies
[Federal Register Volume 75, Number 179 (Thursday, September 16, 2010)]
[Rules and Regulations]
[Pages 56471-56472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23031]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 501
Revisions to the Requirements for Authority To Manufacture and
Distribute Postage Evidencing Systems
AGENCY: Postal ServiceTM.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Postal Service is revising its regulations to require that
companies that manufacture and distribute postage evidencing systems
(``Company or Companies'') engage a qualified, independent audit firm
to perform an examination of and provide an opinion on the design and
operating effectiveness of relevant internal control activities
performed by the Companies as service providers to the Postal Service
under the Statement on Auditing Standards (SAS) No. 70 (``SAS 70'').
DATES: Effective Date: September 16, 2010.
FOR FURTHER INFORMATION CONTACT: Marlo Kay Ivey, Marketing Specialist,
Postage Technology Management, U.S. Postal Service, at 202-268-7613.
SUPPLEMENTARY INFORMATION: Postage Evidencing Systems are devices or
systems of components that a customer uses to print evidence that the
prepaid postage required for mailing has been paid. They include, but
are not limited to, postage meters and PC Postage systems. The Postal
Service regulates these systems and their use in order to protect
postal revenue. Only Postal Service-authorized product service
providers may design, produce, and distribute Postage Evidencing
Systems. The Postal Service published a proposed rule in the Federal
Register on June 1, 2010 at 73 FR 30309-30310 to amend the requirements
for authority to manufacture and distribute postage evidencing systems.
This revision clarifies the internal controls required in 39 CFR
501.15(i), Computerized Meter Resetting System, and 501.16(f), PC
Postage Payment Methodology. The internal controls requirement was
added as part of a final rule published in the Federal Register on
November 9, 2006, at 71 FR 65732.
Comments: Two comments were received from the Companies (that
manufacture or distribute postage evidencing systems). The first was
notification of intent to comply. The second requested that the
proposed amendment be modified to allow a Company with qualified
internal audit departments, which meets the independence requirements
under the Standards for the Professional Practice of the Institute of
Internal Auditors (``IIA''), to utilize its internal audit department
to perform the internal controls examination in lieu of engaging an
independent audit firm.
The Postal Service gave thorough consideration to this comment.
While the Postal Service recognizes the IIA as the authoritative body
over internal audit activities, SAS 70 (Type II) examinations are
subject to the American Institute of Certified Public Accountants
(``AICPA'') professional standards, which impose more stringent
independence requirements and a requirement that the examination be
performed by a licensed CPA. Therefore, the Postal Service will not
modify the proposed amendments as requested and will require the
Companies to annually obtain an SAS 70 (Type II) examination of
relevant internal controls by a qualified, independent, external audit
firm. The Postal Service gave through consideration to the comments it
received, and now announces the adoption of the final rule.
List of Subjects in 39 CFR Part 501
Postal Service.
0
Accordingly, 39 CFR part 501 is amended as follows:
PART 501--[AMENDED]
0
1. The authority citation for 39 CFR part 501 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 410,
2601, 2605, Inspector General Act of 1978, as amended (Pub. L. 95-
452, as amended); 5 U.S.C. App. 3.
[[Page 56472]]
0
2. Section 501.15 is amended by revising paragraph (i) to read as
follows:
Sec. 501.15 Computerized Meter Resetting System.
* * * * *
(i) Security and Revenue Protection. To receive Postal Service
approval to continue to operate systems in the CMRS environment, the RC
must submit to a periodic examination of its CMRS system and any other
applications and technology infrastructure that may have a material
impact on Postal Service revenues, as determined by the Postal Service.
The examination shall be performed by a qualified, independent audit
firm and shall be conducted in accordance with the Statement on
Auditing Standards (SAS) No. 70, Service Organizations, developed by
the American Institute of Certified Public Accountants (AICPA), as
amended or superseded. The examination shall include testing of the
operating effectiveness of relevant RC internal controls (Type II SAS70
Report). If the service organization uses another service organization
(sub-service provider), Postal Service Management should consider the
nature and materiality of the transactions processed by the sub-service
organization and the contribution of the sub-service organization's
processes and controls in the achievement of the Postal Service's
information processing objectives. The Postal Service should have
access to the sub-service organization's SAS 70 report. The control
objectives to be covered by the SAS 70 report are subject to Postal
Service review and approval and are to be provided to the Postal
Service 30 days prior to the initiation of each examination period. As
a result of the examination, the auditor shall provide the RC and the
Postal Service with an opinion on the design and operating
effectiveness of the RC's internal controls related to the CMRS system
and any other applications and technology infrastructure considered
material to the services provided to the Postal Service by the RC. Such
examinations are to be conducted on no less than an annual basis, and
are to be as of and for the twelve months ended June 30 of each year
(except for the period ending June 30, 2010, for which the period of
coverage will be no less than six months, and except for new contracts
for which the examination period will be no less than the period from
the contract date to the following June 30, unless otherwise agreed to
by the Postal Service). The examination reports are to be provided to
the Postal Service by August 15 of each year. To the extent that
internal control weaknesses are identified in a Type II SAS 70 report,
the Postal Service may require the remediation of such weaknesses and
review working papers and engage in discussions about the work
performed with the auditor. Postal Service requires that all
remediation efforts (if applicable) are completed and reported by the
RC prior to the Postal Service's fiscal year end (September 30). The RC
will be responsible for all costs to conduct these examinations.
* * * * *
0
3. Section 501.16 is amended by revising paragraph (f) to read as
follows:
Sec. 501.16 PC postage payment methodology.
* * * * *
(f) Security and revenue protection. To receive Postal Service
approval to continue to operate PC Postage systems, the provider must
submit to a periodic examination of its PC Postage system and any other
applications and technology infrastructure that may have a material
impact on Postal Service revenues, as determined by the Postal Service.
The examination shall be performed by a qualified, independent audit
firm and shall be conducted in accordance with the Statement on
Auditing Standards (SAS) No. 70, Service Organizations, developed by
the American Institute of Certified Public Accountants (AICPA), as
amended or superseded. The examination shall include testing of the
operating effectiveness of relevant provider internal controls (Type II
SAS 70 Report). If the service organization uses another service
organization (sub-service provider), Postal Service Management should
consider the nature and materiality of the transactions processed by
the sub-service organization and the contribution of the sub-service
organization's processes and controls in the achievement of the Postal
Service's information processing objectives. The Postal Service should
have access to the sub-service organization's SAS 70 report. The
control objectives to be covered by the SAS 70 report are subject to
Postal Service review and approval and are to be provided to the Postal
Service 30 days prior to the initiation of each examination period. As
a result of the examination, the auditor shall provide the provider,
and the Postal Service, with an opinion on the design and operating
effectiveness of the internal controls related to the PC Postage system
and any other applications and technology infrastructure considered
material to the services provided to the Postal Service by the
provider. Such examinations are to be conducted on no less than an
annual basis, and are to be as of and for the twelve months ended June
30 of each year (except for the period ending June 30, 2010 for which
the period of coverage will be no less than six months, and except for
new contracts for which the examination period will be no less than the
period from the contract date to the following June 30, unless
otherwise agreed to by the Postal Service). The examination reports are
to be provided to the Postal Service by August 15 of each year. To the
extent that internal control weaknesses are identified in a Type II SAS
70 report, the Postal Service may require the remediation of such
weaknesses and review working papers and engage in discussions about
the work performed with the auditor. The provider will be responsible
for all costs to conduct these examinations.
* * * * *
Neva R. Watson,
Attorney, Legislative.
[FR Doc. 2010-23031 Filed 9-15-10; 8:45 am]
BILLING CODE 7710-12-P