Service Standards for Market-Dominant Special Services Products, 61052-61054 [2011-25336]
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61052
Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Rules and Regulations
information that is not public and was
prepared for use by Treasury for the
purpose of evaluating an offer,
quotation, or response to enter into an
arrangement.
(b) Certification. Before a retained
entity enters a new arrangement, the
retained entity must certify to the
following:
(1) The retained entity is aware of the
prohibitions of paragraph (a) of this
section and, to the best of its knowledge
after making reasonable inquiry, the
retained entity has no information
concerning a violation or possible
violation of paragraph (a) of this section.
(2) Each officer, employee, and
representative of the retained entity who
participated personally and
substantially in preparing and
submitting a bid, offer, proposal, or
request for modification of the
arrangement has certified that he or she:
(i) Is familiar with and will comply
with the requirements of paragraph (a)
of this section; and
(ii) Has no information of any
violations or possible violations of
paragraph (a) of this section, and will
report immediately to the retained
entity any subsequently gained
information concerning a violation or
possible violation of paragraph (a) of
this section.
erowe on DSK2VPTVN1PROD with RULES
§ 31.217
Confidentiality of information.
(a) Nonpublic information defined.
Any information that Treasury provides
to a retained entity under an
arrangement, or that the retained entity
obtains or develops pursuant to the
arrangement, shall be deemed
nonpublic until the Treasury determines
otherwise in writing, or the information
becomes part of the body of public
information from a source other than the
retained entity.
(b) Prohibitions. The retained entity
shall not:
(1) Disclose nonpublic information to
anyone except as required to perform
the retained entity’s obligations
pursuant to the arrangement, or
pursuant to a lawful court order or valid
subpoena after giving prior notice to
Treasury.
(2) Use or allow the use of any
nonpublic information to further any
private interest other than as
contemplated by the arrangement.
(c) Retained entity’s responsibility. A
retained entity shall take appropriate
measures to ensure the confidentiality
of nonpublic information and to prevent
its inappropriate use. The retained
entity shall document these measures in
sufficient detail to demonstrate
compliance, and shall maintain this
documentation for three years after the
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14:42 Sep 30, 2011
Jkt 226001
arrangement has terminated. The
retained entity shall notify the TARP
Chief Compliance Officer in writing
within five business days of detecting a
violation of the prohibitions in
paragraph (b), above. The security
measures required by this paragraph
shall include:
(1) Security measures to prevent
unauthorized access to facilities and
storage containers where nonpublic
information is stored.
(2) Security measures to detect and
prevent unauthorized access to
computer equipment and data storage
devices that store or transmit nonpublic
information.
(3) Periodic training to ensure that
persons receiving nonpublic
information know their obligation to
maintain its confidentiality and to use it
only for purposes contemplated by the
arrangement.
(4) Programs to ensure compliance
with federal securities laws, including
laws relating to insider trading, when
the arrangement relates to the
acquisition, valuation, management, or
disposition of troubled assets.
(5) A certification from each key
individual stating that he or she will
comply with the requirements in section
31.217(b). The retained entity shall
obtain this certification, in the form of
a nondisclosure agreement, before a key
individual performs work under the
arrangement, and then annually
thereafter.
(d) Certification. No later than ten
business days after the effective date of
the arrangement, the retained entity
shall certify to the Treasury that it has
received a certification form from each
key individual stating that he or she will
comply with the requirements in
§ 31.217(b). In making this certification,
the retained entity may rely on the
information obtained pursuant to
paragraph (b) of this section, unless the
retained entity knows or should have
known that the information provided is
false or inaccurate.
§ 31.218
Enforcement.
(a) Compliance with these rules
concerning conflicts of interest is of the
utmost importance. In the event a
retained entity or any individual or
entity providing information pursuant
to 31 U.S.C. part 31 violates any of these
rules, Treasury may impose or pursue
one or more of the following sanctions:
(1) Rejection of work tainted by an
organizational conflict of interest or a
personal conflict of interest and denial
of payment for that work.
(2) Termination of the arrangement for
default.
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(3) Debarment of the retained entity
for Federal government contracting and/
or disqualification of the retained entity
from future financial agency
agreements.
(4) Imposition of any other remedy
available under the terms of the
arrangement or at law.
(5) In the event of violation of a
criminal statue, referral to the
Department of Justice for prosecution of
the retained entity and/or its officers or
employees. In such cases, the
Department of Justice may make direct
and derivative use of any statements
and information provided by any entity,
its representatives and employees or any
individual, to the extent permitted by
law.
(b) To the extent Treasury has
discretion in selecting or imposing a
remedy, it will give significant
consideration to a retained entity’s
prompt disclosure of any violation of
these rules.
Dated: September 19, 2011.
Timothy G. Massad,
Assistant Secretary for Financial Stability.
[FR Doc. 2011–25443 Filed 9–30–11; 8:45 am]
BILLING CODE 4810–25–P
POSTAL SERVICE
39 CFR Part 122
Service Standards for MarketDominant Special Services Products
Postal Service.
Final rule.
AGENCY:
ACTION:
This rule adds a service
standard for Stamp Fulfillment Services
to the set of service standards for standalone market-dominant special services
products set forth in our regulations.
DATES: Effective date: November 2,
2011.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Khalid Hussain at 816–545–1250.
Section
301 of the Postal Accountability and
Enhancement Act of 2006, Public Law
109–435, 120 Stat. 3198 et seq., requires
the Postal Service to establish modern
service standards for its marketdominant products within a year of the
law’s December 20, 2006, enactment.
Section 301 also requires that these
service standards be revised ‘‘from time
to time.’’ With this final rule, the Postal
Service adds a set of service standards
for Stamp Fulfillment Services (SFS) to
the previously-established set of modern
service standards.
After extensive consultations with the
Postal Regulatory Commission (PRC),
SUPPLEMENTARY INFORMATION:
E:\FR\FM\03OCR1.SGM
03OCR1
Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Rules and Regulations
the Postal Service established modern
service standards for market-dominant
products at 39 CFR Parts 121 and 122.
See 72 FR 58946–70 (October 17, 2007)
(proposed rule); 72 FR 72216–31
(December 19, 2007) (final rule).1 The
Postal Service also requested the PRC’s
approval of proposed systems for the
measurement of service standard
achievement for its market-dominant
products. See PRC Docket No. PI2008–
1, Notice of Request for Comments on
Service Performance Measurement
Systems for Market Dominant Products
(December 4, 2007).
Since the establishment of the Postal
Service’s service standards, the PRC
added SFS to the market-dominant
products list. PRC Order No. 487 (July
13, 2010). As a result of SFS’
classification as a market-dominant
product, the Postal Service now
considers it necessary to add a set of
service standards for SFS to 39 CFR Part
122.
SFS provides the fulfillment of stamp
and product orders received by mail,
phone, fax, or Internet at the Postal
Service’s SFS center in Kansas City,
Missouri. Orders can include stamps,
stamped cards, envelopes, and
stationery, and other philatelic items
such as First Day Covers and stamp
collecting materials. The Postal Service
charges a fee for order processing and
handling.
Based on the nature of the fee, the
distinct aspect of SFS service consists of
SFS’ intake, processing, and handling of
orders for stamps (both mail use and
61053
philatelic), stamp products, and retail
items. Once the order is processed, the
Postal Service transmits the items as
First-Class Mail, Priority Mail, Express
Mail, Certified Mail, or Registered Mail,
depending on the nature and priority of
the order. These mail channels are
subject to their own service standards,
performance measurement, and
reporting, where applicable, and so the
Postal Service does not consider it
necessary or reasonable to add a
separate standard for the time that SFS
is in transit as a mail shipment. Due to
the variety of customer orders received
at SFS (mail use stamps, collectible
stamps, retail product, etc.), the Postal
Service establishes a set of service
standards for SFS based upon order
profiles.
STAMP FULFILLMENT SERVICES—SERVICE STANDARDS FOR FULFILLMENT PROCESS
Service standard 1
Customer order
Internet Orders: Non-Philatelic/Non-Custom ..................................................................................................................
Business Level Orders ...................................................................................................................................................
Philatelic/Custom and All Other Order Sources .............................................................................................................
These service standards apply to the
period from receipt of the order with
payment in Stamp Fulfillment Services’
order intake system thru order
completion for entry (pick up by mail
truck) into USPS mail stream. These
standards exclude orders which may be
comprised of pre-orders, backorders, or
orders where merchandise is not
fulfilled at SFS.
The service standards for SFS reflects
thorough consideration of the objectives
listed in 39 U.S.C. 3691(b)(1) and the
factors listed in 39 U.S.C. 3691(c), with
an emphasis on customer satisfaction
and customer needs.
39 U.S.C. 3691(b) requires that
market-dominant product service
standard performance be measured by
some objective external system, or by
internal methods approved by the PRC
under 39 U.S.C. 3691(b)(2). The Postal
Service will submit a plan for service
performance measurement to the PRC
for review.
List of Subjects in 39 CFR Part 122
Mail, Postal service.
For the reasons stated in the
preamble, the Postal Service amends 39
CFR Part 122 as follows:
PART 122—[AMENDED]
≤ 2 Business Days.
≤ 5 Business Days.
≤ 10 Business Days.
Authority: 39 U.S.C. 101, 401, 403, 404,
1001, 3691.
2. Section 122.2 is amended by adding
paragraph (e) to read as follows:
■
§ 122.2
Stand-Alone Special Services.
*
*
*
*
*
(e) The service standards for Stamp
Fulfillment Services order fulfillment
service is shipment of orders within the
following timeframes, based from the
time of order receipt within SFS
systems, excluding designated postal
holidays.
1. The authority citation for 39 CFR
Part 122 continues to read as follows:
■
STAMP FULFILLMENT SERVICES—SERVICE STANDARDS FOR FULFILLMENT PROCESS
Service standard 1
Customer order
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Internet Orders: Non-Philatelic/Non-Custom ..................................................................................................................
Business Level Orders ...................................................................................................................................................
Philatelic/Custom and All Other Order Sources .............................................................................................................
1 By operation of 39 U.S.C. 410(a), the Postal
Service is exempt from the notice and comment
requirements of the Administrative Procedure Act
(5 U.S.C. 553 (b), (c)) regarding proposed rule
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14:42 Sep 30, 2011
Jkt 226001
makings. The Postal Service determined that public
comment was appropriate for the initial service
standards rulemaking in light of its unprecedented
role. Given the limited scope of the rules issued in
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Fmt 4700
Sfmt 9990
≤ 2 Business Days.
≤ 5 Business Days.
≤ 10 Business Days.
this notice, however, the Postal Service is
exercising its discretion to forego notice-andcomment rulemaking in this instance.
E:\FR\FM\03OCR1.SGM
03OCR1
61054
Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Rules and Regulations
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
Environmental Protection Agency,
Region 8, Mailcode 8P–AR, 1595
Wynkoop, Denver, Colorado 80202–
1129, (303) 312–6602,
freeman.crystal@epa.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2011–25336 Filed 9–30–11; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2007–0649; FRL–9290–2]
Approval and Promulgation of State
Implementation Plans; State of
Colorado Regulation Number 3:
Revisions to the Air Pollutant Emission
Notice Requirements and Exemptions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is partially approving
and partially disapproving State
Implementation Plan (SIP) revisions
regarding the Air Pollutant Emission
Notice (APEN) regulations submitted by
the State of Colorado on September 16,
1997, June 20, 2003, July 11, 2005,
August 8, 2006 and August 1, 2007. The
APEN provisions in Sections II.A.
through II.D., Part A of Colorado’s
Regulation Number 3, specify the APEN
filing requirements for stationary
sources and exemptions from such
requirements. This action is being taken
under section 110 of the Clean Air Act
(CAA).
DATES: This final rule is effective
November 2, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2007–0649. All
documents in the docket are listed in
the https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8 a.m. to 4 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Crystal Freeman, Air Program, U.S.
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SUMMARY:
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14:42 Sep 30, 2011
Jkt 226001
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The initials SIP mean or refer to
State Implementation Plan.
(iv) The words State or Colorado
mean the State of Colorado, unless the
context indicates otherwise.
Table of Contents
I. Background
II. Response to Comments
III. Section 110(l) of the CAA
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
The State of Colorado submitted
formal revisions to their SIP between
1997 and 2007 with Governor’s letters
dated as follows: September 16, 1997;
June 20, 2003; July 11, 2005; August 8,
2006; and August 1, 2007. These
submittals included revisions to the
Colorado APEN provisions in
Regulation Number 3, Part A, Sections
II.A. through II.D. The Colorado APEN
provisions in Regulation Number 3, Part
A, Sections II.A. through II.C., specify
requirements for stationary sources
(major and minor) to file emission
notices. These notices provide
information such as the location where
a source’s emissions will occur, the
nature of the source or of the activity
generating the expected emissions, and
an estimate of the emissions’ quantity
and composition. The Colorado APEN
provisions in Regulation Number 3, Part
A, Section II.D. exempt specific
categories of sources from APEN
requirements.
EPA’s last final rulemaking action
addressing revisions to Colorado’s
APEN provisions was published January
21, 1997 (62 FR 2910). The final rule
today addresses the APEN SIP revisions
discussed above. EPA’s final rule action
on the revisions submitted by the State
does not trace the APEN provision
changes through each of the
submissions noted above. For reasons of
efficiency and clarity, EPA compared
the language of each APEN provision as
submitted by the State on August 1,
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Frm 00022
Fmt 4700
Sfmt 4700
2007 with the EPA-approved text of the
same APEN provision in the 1997
Colorado SIP. These changes are
detailed in the technical support
document available in the docket for
this action. In Table 1 of Section IV.
below, EPA provides the approvals,
disapprovals and no actions being taken
for each provision number as of the
August 1, 2007 submittal. The reasons
for EPA’s final action are discussed in
our notice proposing action on these
revisions and in the associated technical
support document. (76 FR 4271 (Jan. 25,
2011)). Through this approach to the
cumulative revisions, EPA is taking
final action on all APEN revisions—
with certain exceptions noted below—as
submitted by the State of Colorado on
September 16, 1997, June 20, 2003, July
11, 2005, August 8, 2006, and August 1,
2007.
II. Response to Comments
EPA did not receive comments on our
January 25, 2011 Federal Register
proposed action regarding the partial
approval and partial disapproval of
Colorado’s SIP revisions to their
Regulation Number 3, Part A, Sections
II.A. through II.D.
III. Section 110(l) of the CAA
Section 110(l) of the CAA states that
a SIP revision cannot be approved if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress toward attainment of the
National Ambient Air Quality Standards
(NAAQS) or any other applicable
requirements of the Act. Those portions
of the revisions to Colorado’s Regulation
Number 3, Part A, Sections II.A. through
II.D. that we are approving satisfy
section 110(l), because those portions do
not relax existing SIP requirements.
Instead, the revisions that EPA is
approving increase stringency of
existing provisions, clarify existing
provisions, or remove obsolete
provisions. Therefore, section 110(l) is
satisfied for the provisions that EPA is
approving. However, EPA is
disapproving some exemptions in part
because those provisions relax existing
SIP requirements. (See 76 FR 4271.)
Because EPA is disapproving those
provisions, section 110(l) is satisfied.
IV. Final Action
EPA is partially approving and
partially disapproving the Colorado SIP
revisions for APEN requirements and
exemptions submitted by the State on
September 16, 1997, June 20, 2003, July
11, 2005, August 8, 2006, and August 1,
2007. As noted above, EPA’s evaluation
of the revisions submitted by the State
E:\FR\FM\03OCR1.SGM
03OCR1
Agencies
[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Rules and Regulations]
[Pages 61052-61054]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25336]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 122
Service Standards for Market-Dominant Special Services Products
AGENCY: Postal Service.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule adds a service standard for Stamp Fulfillment
Services to the set of service standards for stand-alone market-
dominant special services products set forth in our regulations.
DATES: Effective date: November 2, 2011.
FOR FURTHER INFORMATION CONTACT: Khalid Hussain at 816-545-1250.
SUPPLEMENTARY INFORMATION: Section 301 of the Postal Accountability and
Enhancement Act of 2006, Public Law 109-435, 120 Stat. 3198 et seq.,
requires the Postal Service to establish modern service standards for
its market-dominant products within a year of the law's December 20,
2006, enactment. Section 301 also requires that these service standards
be revised ``from time to time.'' With this final rule, the Postal
Service adds a set of service standards for Stamp Fulfillment Services
(SFS) to the previously-established set of modern service standards.
After extensive consultations with the Postal Regulatory Commission
(PRC),
[[Page 61053]]
the Postal Service established modern service standards for market-
dominant products at 39 CFR Parts 121 and 122. See 72 FR 58946-70
(October 17, 2007) (proposed rule); 72 FR 72216-31 (December 19, 2007)
(final rule).\1\ The Postal Service also requested the PRC's approval
of proposed systems for the measurement of service standard achievement
for its market-dominant products. See PRC Docket No. PI2008-1, Notice
of Request for Comments on Service Performance Measurement Systems for
Market Dominant Products (December 4, 2007).
---------------------------------------------------------------------------
\1\ By operation of 39 U.S.C. 410(a), the Postal Service is
exempt from the notice and comment requirements of the
Administrative Procedure Act (5 U.S.C. 553 (b), (c)) regarding
proposed rule makings. The Postal Service determined that public
comment was appropriate for the initial service standards rulemaking
in light of its unprecedented role. Given the limited scope of the
rules issued in this notice, however, the Postal Service is
exercising its discretion to forego notice-and-comment rulemaking in
this instance.
---------------------------------------------------------------------------
Since the establishment of the Postal Service's service standards,
the PRC added SFS to the market-dominant products list. PRC Order No.
487 (July 13, 2010). As a result of SFS' classification as a market-
dominant product, the Postal Service now considers it necessary to add
a set of service standards for SFS to 39 CFR Part 122.
SFS provides the fulfillment of stamp and product orders received
by mail, phone, fax, or Internet at the Postal Service's SFS center in
Kansas City, Missouri. Orders can include stamps, stamped cards,
envelopes, and stationery, and other philatelic items such as First Day
Covers and stamp collecting materials. The Postal Service charges a fee
for order processing and handling.
Based on the nature of the fee, the distinct aspect of SFS service
consists of SFS' intake, processing, and handling of orders for stamps
(both mail use and philatelic), stamp products, and retail items. Once
the order is processed, the Postal Service transmits the items as
First-Class Mail, Priority Mail, Express Mail, Certified Mail, or
Registered Mail, depending on the nature and priority of the order.
These mail channels are subject to their own service standards,
performance measurement, and reporting, where applicable, and so the
Postal Service does not consider it necessary or reasonable to add a
separate standard for the time that SFS is in transit as a mail
shipment. Due to the variety of customer orders received at SFS (mail
use stamps, collectible stamps, retail product, etc.), the Postal
Service establishes a set of service standards for SFS based upon order
profiles.
Stamp Fulfillment Services--Service Standards for Fulfillment Process
------------------------------------------------------------------------
Customer order Service standard \1\
------------------------------------------------------------------------
Internet Orders: Non-Philatelic/ <= 2 Business Days.
Non-Custom.
Business Level Orders............ <= 5 Business Days.
Philatelic/Custom and All Other <= 10 Business Days.
Order Sources.
------------------------------------------------------------------------
These service standards apply to the period from receipt of the
order with payment in Stamp Fulfillment Services' order intake system
thru order completion for entry (pick up by mail truck) into USPS mail
stream. These standards exclude orders which may be comprised of pre-
orders, backorders, or orders where merchandise is not fulfilled at
SFS.
The service standards for SFS reflects thorough consideration of
the objectives listed in 39 U.S.C. 3691(b)(1) and the factors listed in
39 U.S.C. 3691(c), with an emphasis on customer satisfaction and
customer needs.
39 U.S.C. 3691(b) requires that market-dominant product service
standard performance be measured by some objective external system, or
by internal methods approved by the PRC under 39 U.S.C. 3691(b)(2). The
Postal Service will submit a plan for service performance measurement
to the PRC for review.
List of Subjects in 39 CFR Part 122
Mail, Postal service.
For the reasons stated in the preamble, the Postal Service amends
39 CFR Part 122 as follows:
PART 122--[AMENDED]
0
1. The authority citation for 39 CFR Part 122 continues to read as
follows:
Authority: 39 U.S.C. 101, 401, 403, 404, 1001, 3691.
0
2. Section 122.2 is amended by adding paragraph (e) to read as follows:
Sec. 122.2 Stand-Alone Special Services.
* * * * *
(e) The service standards for Stamp Fulfillment Services order
fulfillment service is shipment of orders within the following
timeframes, based from the time of order receipt within SFS systems,
excluding designated postal holidays.
Stamp Fulfillment Services--Service Standards for Fulfillment Process
------------------------------------------------------------------------
Customer order Service standard \1\
------------------------------------------------------------------------
Internet Orders: Non-Philatelic/ <= 2 Business Days.
Non-Custom.
Business Level Orders............ <= 5 Business Days.
Philatelic/Custom and All Other <= 10 Business Days.
Order Sources.
------------------------------------------------------------------------
[[Page 61054]]
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2011-25336 Filed 9-30-11; 8:45 am]
BILLING CODE 7710-12-P