20906 Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Proposed Rules 

1Petition of the United States Postal Service 

Requesting Initiation of a Proceeding to Consider 

Proposed Changes in Analytic Principles (Proposal 

One), April 6, 2011 (Petition). 

2This is the first proposal filed after the FY 2010 

Annual Compliance Report. It is the Postal Service’s 

current practice to restart its proposal numbering 

sequence. 

drug, and device intended for human or 

animal use, any cosmetic and biologic 

intended for human use, any tobacco 

product intended for human use, and 

any item subject to a quarantine 

regulation under part 1240 of this 

chapter. * * * 

* * * * * 

PART 16—REGULATORY HEARING 

BEFORE THE FOOD AND DRUG 

ADMINISTRATION 

6. The authority citation for part 16 

continues to read as follows: 

Authority: 15 U.S.C. 1451–1461; 21 U.S.C. 

141–149, 321–394, 467f, 679, 821, 1034; 28 

U.S.C. 2112; 42 U.S.C. 201–262, 263b, 364. 

7. Amend § 16.1 by adding new 

statutory provisions to the end of 

paragraph (b)(1) to read as follows: 

§ 16.1 Scope. 

* * * * * 

(b) * * * 

(1) * * * 

Section 903(a)(8)(B)(ii) of the Federal 

Food, Drug, and Cosmetic Act relating 

to the misbranding of tobacco products. 

Section 906(e)(1)(B) of the Federal 

Food, Drug, and Cosmetic Act relating 

to the establishment of good 

manufacturing practice requirements for 

tobacco products. 

Section 910(d)(1) of the Federal Food, 

Drug, and Cosmetic Act relating to the 

withdrawal of an order allowing a new 

tobacco product to be introduced or 

delivered for introduction into interstate 

commerce. 

Section 911(j) of the Federal Food, 

Drug, and Cosmetic Act relating to the 

withdrawal of an order allowing a 

modified risk tobacco product to be 

introduced or delivered for introduction 

into interstate commerce. 

* * * * * 

Dated: April 8, 2011. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2011–9044 Filed 4–13–11; 8:45 am] 

BILLING CODE 4160–01–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3050 

[Docket No. RM2011–9; Order No. 713] 

Periodic Reporting 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice of proposed rulemaking; 

availability of rulemaking petition. 

SUMMARY: The Commission is 

establishing a docket to consider a 

proposed change in certain analytical 

methods used in periodic reporting. 

This action responds to a Postal Service 

rulemaking petition. Establishing this 

docket will allow the Commission to 

consider the Postal Service’s proposal 

and comments from the public. 

DATES: Comments are due: May 9, 2011. 

ADDRESSES: Submit comments 

electronically by accessing the ‘‘Filing 

Online’’ link in the banner at the top of 

the Commission’s Web site (http:// 

www.prc.gov) or by directly accessing 

the Commission’s Filing Online system 

at https://www.prc.gov/prc-pages/filingonline/login.aspx. Commenters who 

cannot submit their views electronically 

should contact the person identified in 

FOR FURTHER INFORMATION CONTACT

section as the source for case-related 

information for advice on alternatives to 

electronic filing. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

at 202–789–6820 (case-related 

information) or DocketAdmins@prc.gov 

(electronic filing assistance). 

SUPPLEMENTARY INFORMATION: On April 

6, 2011, the Postal Service filed a 

petition pursuant to 39 CFR 3050.11 

asking the Commission to initiate an 

informal rulemaking proceeding to 

consider changes in the analytical 

methods approved for use in periodic 

reporting.1

Proposal One 2 would propose to 

modify the attribution of costs for Fee 

Group E Post Office Boxes so that the 

costs are considered institutional rather 

than as part of the attributable costs of 

Post Office Box Service. The Postal 

Service asserts that its aim is to achieve 

more equitable financing of Fee Group 

E Post Office Boxes. It notes that the 

proposal has no impact on the 

methodology for the calculation of costs 

for Fee Group E Post Office Boxes. Id. 

at 1. 

The Postal Service states that under 

this proposal, Group E costs would be 

paid for by all mailers, not just post 

office box holders. It maintains that the 

Group E costs methodology remains 

consistent with Docket No. ACR2010 

and Docket No. MC2010–20. Id. 

Attachment at 1. 

The Attachment to the Postal 

Service’s Petition explains its proposal 

in more detail, including its 

background, objective, rationale, and 

estimated impact. The Petition, 

including the attachments, is available 

for review on the Commission’s Web 

site, http://www.prc.gov. 

Pursuant to 39 U.S.C. 505, James F. 

Callow is designated as Public 

Representative to represent the interests 

of the general public in this proceeding. 

Comments are due no later than May 9, 

2011. 

It is ordered: 

1. The Petition of the United States 

Postal Service Requesting Initiation of a 

Proceeding to Consider Proposed 

Changes in Analytic Principles 

(Proposal One), filed April 6, 2011, is 

granted. 

2. The Commission establishes Docket 

No. RM2011–9 to consider the matters 

raised by the Postal Service’s Petition. 

3. Interested persons may submit 

comments on Proposal One no later 

than May 9, 2011. 

4. The Commission will determine the 

need for reply comments after review of 

the initial comments. 

5. James F. Callow is appointed to 

serve as the Public Representative to 

represent the interests of the general 

public in this proceeding. 

6. The Secretary shall arrange for 

publication of this Notice in the Federal 

Register. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2011–9058 Filed 4–13–11; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0998; FRL–9295–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a request submitted by the Indiana 

Department of Environmental 

Management on November 24, 2010, to 

revise the Indiana State Implementation 

Plan (SIP) under the Clean Air Act. 

Indiana submitted revisions to the 

particulate matter (PM) and sulfur 

dioxide (SO2) limits for Cargill, 

Incorporated (Cargill) at its facility in 

Hammond (Lake County), Indiana. 

Indiana’s SO2 revisions tighten emission 

limits for some existing units at Cargill’s 

Hammond facility and remove the 

references to other emission units that 

are no longer in operation, in 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Proposed Rules 20907 

accordance with the terms of a 

September 2005 Federal consent decree. 

The PM revisions reflect the permanent 

shutdown of and changes in unit 

identification for other Cargill units. 

DATES: Comments must be received on 

or before May 16, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0998, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Control 

Strategies Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–6524, rau.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: April 4, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2011–8869 Filed 4–13–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0031; FRL–9295–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; Prevention of Significant 

Deterioration; Greenhouse Gas 

Tailoring Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the New Mexico State 

Implementation Plan (SIP), submitted 

by the New Mexico Environment 

Department (NMED) to EPA on 

December 1, 2010. The proposed SIP 

revision modifies New Mexico’s 

Prevention of Significant Deterioration 

(PSD) program to establish appropriate 

emission thresholds for determining 

which new stationary sources and 

modification projects become subject to 

New Mexico’s PSD permitting 

requirements for their greenhouse gas 

(GHG) emissions. Due to the SIP 

Narrowing Rule, 75 FR 82536, starting 

on January 2, 2011, the approved New 

Mexico SIP’s PSD requirements for GHG 

apply at the thresholds specified in the 

Tailoring Rule, not at the 100 or 250 

tons per year (tpy) levels otherwise 

provided under the Clean Air Act (CAA 

or Act), which would overwhelm New 

Mexico’s permitting resources. This rule 

clarifies the applicable thresholds in the 

New Mexico SIP, addresses the flaw 

discussed in the SIP Narrowing Rule, 

and incorporates State rule changes 

adopted at the State level into the 

Federally-approved SIP. EPA is 

proposing approval of New Mexico’s 

December 1, 2010, PSD SIP revision 

because the Agency has made the 

preliminary determination that this PSD 

SIP revision is in accordance with 

section 110 and part C of the Federal 

Clean Air Act and EPA regulations 

regarding PSD permitting for GHGs. 

DATES: Comments must be received on 

or before May 16, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2011–0031, by one of the 

following methods: 

(1) http://www.regulations.gov: 

Follow the on-line instructions for 

submitting comments. 

(2) E-mail: Mr. Jeff Robinson at 

robinson.jeffrey@epa.gov. Please also cc 

the person listed in the FOR FURTHER

INFORMATION CONTACT paragraph below. 

(3) U.S. EPA Region 6 ‘‘Contact Us’’ 

Web site: http://epa.gov/region6/ 

r6coment.htm. Please click on ‘‘6PD’’ 

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

(4) Fax: Mr. Jeff Robinson, Chief, Air 

Permits Section (6PD–R), at fax number 

214–665–6762. 

(5) Mail: Mr. Jeff Robinson, Chief, Air 

Permits Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

(6) Hand or Courier Delivery: Mr. Jeff 

Robinson, Chief, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8:30 a.m. and 4:30 p.m. 

weekdays except for legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2011– 

0031. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

e-mail, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an e-mail 

comment directly to EPA without going 

through http://www.regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

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