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

1 Petition of the United States Postal Service Requesting Initiation of a Proceeding to Consider Proposed Changes in Analytic Principles (Proposal One), April 6, 2011 (Petition).

2 This 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 (SO 2) limits for Cargill, Incorporated (Cargill) at its facility in Hammond (Lake County), Indiana. Indiana’s SO 2 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


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

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