Federal Register / Vol. 69, No. 192 / Tuesday, October 5, 2004 / Rules and Regulations 59545

1 66 FR 45221, 45227, 45230 (August 28, 2001).

2 66 FR 39008, 39017, 39022 (June 22, 2000) 

(proposed rules); 66 FR 77993, 78007, 78013 

(December 13, 2000) (final rules). Due to the 

intervening enactment of revisions to the 

Commodity Exchange Act by the Commodity 

Futures Modernization Act of 2000 (CFMA), the 

Commission withdrew almost all of the final rules 

relating to intermediaries adopted in November 

2000, including the amendments to Rule 1.46. Upon 

further review of the amendments to Rule 1.46 in 

light of the enactment of the CFMA, the 

Commission re-proposed and re-adopted the 

amendments to Rule 1.46 in 2001 without 

substantive change. Although comments were 

received on both proposals to amend Rule 1.46, no 

one pointed out the discrepancy between the 

preamble and the regulatory text cited above.

the rule by inserting, after the words 

‘omnibus accounts’ in paragraph (a), the 

phrase ‘or where the customer or 

account controller has instructed 

otherwise.’ ’’ Id. at 53514 (emphasis 

added). 

Despite this clear statement of the 

Commission’s intent in the preamble of 

the adopting Federal Register release, 

the regulatory text neglected to include 

the words ‘‘or account controller,’’ so 

that it appears that only the customer 

may direct an FCM to deviate from the 

default rule requiring closing out of 

offsetting long and short commodity 

interest positions. Id. at 53517. The 

same discrepancy between the 

Commission’s clear intention as 

expressed in the preamble and the 

regulatory text appears in the proposing 

release, 1 as well as in earlier releases 

proposing and adopting the same rule 

amendment. 2 The Commission’s clear 

intention to permit account controllers 

as well as customers to instruct an FCM 

to hold open an offsetting position is 

bolstered by the fact that, prior to the 

rule amendments, the rule contained 

exceptions that permitted account 

controllers to make such an instruction, 

albeit subject to certain conditions. 

Amendments intended to broaden, 

simplify and streamline the rule would 

not further restrict those persons able to 

take advantage of the ability to deviate 

from the normal procedure.

The Commission, to eliminate the 

inadvertent confusion that it may have 

created in this area, has determined to 

make a technical amendment to the 

introductory text of Rule 1.46(a) so that 

it is clear that an account controller, as 

well as the customer, may instruct an 

FCM to hold open offsetting commodity 

interest positions. Of course, an FCM 

retains the discretion to refuse to honor 

any such instruction from a customer or 

account controller and to apply the 

general rule of closing out offsetting 

long and short commodity interest 

positions on a first-in, first-out basis. 

Need for Correction 

As published, the final rules contain 

regulatory text that may prove to be 

misleading and is in need of 

clarification.

List of Subjects in 17 CFR Part 1

Commodity futures; Reporting and 

recordkeeping requirements.

PART 1—GENERAL REGULATIONS 

UNDER THE COMMODITY EXCHANGE 

ACT

■ Accordingly, 17 CFR Part 1 is corrected 

by making the following technical 

amendments:

■ 1. The authority citation for Part 1 

continues to read as follows:

Authority: 7 U.S.C. 1a, 2, 2a, 4, 4a, 6, 6a, 

6b, 6c, 6d, 6e, 6f, 6g, 6h, 6i, 6j, 6k, 6l, 6m, 

6n, 6o, 6p, 7, 7a, 7b, 8, 9, 12, 12a, 12c, 13a, 

13a–l, 16, 16a, 19, 21, 23 and 24.

■ 2. In § 1.46, paragraph (a) introductory 

text is revised to read as follows:

(a) Application of purchases and sales.

Except with respect to purchases or sales 

which are for omnibus accounts, or 

where the customer or account controller 

has instructed otherwise, any futures 

commission merchant who, on or subject 

to the rules of a designated contract 

market or registered derivatives 

transaction execution facility:

* * * * *

§ 1.46 Application and closing out of off 

setting long and short positions.

Issued in Washington, DC on September 

28, 2004 by the Commission. 

Jean A. Webb, 

Secretary of the Commission.

[FR Doc. 04–22298 Filed 10–4–04; 8:45 am] 

BILLING CODE 6351–01–M

POSTAL SERVICE

39 CFR Parts 20 and 211

International Mail Manual; 

Incorporation by Reference

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: The Postal Service announces 

the issuance of Issue 30 of the 

International Mail Manual (IMM), and 

its incorporation by reference in the 

Code of Federal Regulations.

EFFECTIVE DATE: This final rule is 

effective on October 5, 2004. The 

incorporation by reference of Issue 30 of 

the IMM is approved by the Director of 

the Federal Register as of October 5, 

2004.

FOR FURTHER INFORMATION CONTACT:

Obataiye B. Akinwole, (202) 268–7262.

SUPPLEMENTARY INFORMATION: Issue 30 of 

the International Mail Manual was 

issued on August 1, 2004. It replaced 

the previous issue of the IMM, and 

contained all IMM revisions from June 

13, 2003, through July 22, 2004. 

This new Issue of the IMM continues 

to serve the objectives of the Postal 

Service’s Transformation Plan of April 

2000, to enable the Postal Service to 

fulfill its long-standing mission of 

providing affordable, universal mail 

service. The Plan’s key strategies 

include improving operational 

efficiency, supporting growth through 

added value to customers, and 

enhancing the Postal Service’s 

performance-based culture. 

In addition, Issue 30 sets forth 

specific changes affecting international 

postal services, such as the adoption of 

new customs forms for international 

mail and military mail, and the network 

change that removed Washington Dulles 

International Airport as a U.S. 

International Exchange Office. The new 

Issue also corrects various printing and 

format errors and omissions in the 

previous Issue. 

The International Mail Manual is 

available to the public on a subscription 

basis only from: New Orders, 

Superintendent of Documents, P.O. Box 

371954, Pittsburgh, PA 15250–7954. 

The subscription price for one issue is 

currently $36 to addresses in the United 

States, and $50.40 to all foreign 

addresses. The IMM is also published 

and available to all users on the Internet 

at http://pe.usps.gov.

List of Subjects 

39 CFR Part 20

Foreign relations, Incorporation by 

reference. 

39 CFR Part 211

Administrative practice and 

procedure.

■ In view of the considerations 

discussed above, the Postal Service 

hereby amends 39 CFR chapter I as 

follows:

PART 211—APPLICATION OF 

REGULATIONS

■ 1. The authority citation for part 211 

continues to read as follows:

Authority: 39 U.S.C. 201, 202, 401(2), 402, 

403, 404, 410, 1001, 1005, 1209; Pub. L. 91–

375, Secs. 3–5, 84 Stat. 773–75.

§ 211.2 [Amended]

■ 2. In § 211.2(a)(2), remove the words 

‘‘Publication 42 (International Mail)’’

59546 Federal Register / Vol. 69, No. 192 / Tuesday, October 5, 2004 / Rules and Regulations 

and add ‘‘International Mail Manual’’ in 

their place.

■ 3. Part 20 is revised to read as follows:

PART 20—INTERNATIONAL POSTAL 

SERVICE

Sec. 

20.1 International Mail Manual; 

incorporation by reference. 

20.2 Effective date of the International Mail 

Manual. 

20.3 Availability of the International Mail 

Manual. 

20.4 Amendments to the International Mail 

Manual. 

20.5 [Reserved]

Authority: 5 U.S.C. 552(a); 39 U.S.C. 401, 

404, 407, 408.

§ 20.1 International Mail Manual; 

incorporation by reference. 

(a) Section 552(a) of Title 5, U.S.C., 

relating to the public information 

requirements of the Administrative 

Procedure Act, provides in pertinent 

part that ‘‘* * * matter reasonably 

available to the class of persons affected 

thereby is deemed published in the 

Federal Register when incorporated by 

reference therein with the approval of 

the Director of the Federal Register.’’ In 

conformity with that provision, with 39 

U.S.C. 410(b)(1), and as provided in this 

part, the U.S. Postal Service hereby 

incorporates by reference its 

International Mail Manual (IMM), Issue 

30, dated August, 2004. The Director of 

the Federal Register approves this 

incorporation by reference in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51.

(b) The current Issue of the IMM is 

incorporated by reference in paragraph 

(a) of this section. Successive Issues of 

the IMM are listed in the following 

table:

International Mail 

Manual Date of issuance 

Issue 1 ...................... November 13, 1981. 

Issue 2 ...................... March 1, 1983. 

Issue 3 ...................... July 4, 1985. 

Issue 4 ...................... September 18, 1986. 

Issue 5 ...................... April 21, 1988. 

Issue 6 ...................... October 5, 1988. 

Issue 7 ...................... July 20, 1989. 

Issue 8 ...................... June 28, 1990. 

Issue 9 ...................... February 3, 1991. 

Issue 10 .................... June 25, 1992. 

Issue 11 .................... December 24, 1992. 

Issue 12 .................... July 8, 1993. 

Issue 13 .................... February 3, 1994. 

Issue 14 .................... August 4, 1994. 

Issue 15 .................... July 9, 1995. 

Issue 16 .................... January 4, 1996. 

Issue 17 .................... September 12, 1996. 

Issue 18 .................... June 9, 1997. 

Issue 19 .................... October 9, 1997. 

Issue 20 .................... July 2, 1998. 

Issue 21 .................... May 3, 1999. 

Issue 22 .................... January 1, 2000. 

International Mail 

Manual Date of issuance 

Issue 23 .................... July 1, 2000. 

Issue 24 .................... January 1, 2001. 

Issue 25 .................... July 1, 2001. 

Issue 26 .................... January 1, 2002. 

Issue 27 .................... June 30, 2002. 

Issue 28 .................... January 1, 2003. 

Issue 29 .................... July 1, 2003. 

Issue 30 .................... August 1, 2004. 

§ 20.2 Effective date of the International 

Mail Manual. 

The provisions of the International 

Mail Manual Issue 30, effective August 

1, 2004, are applicable with respect to 

the international mail services of the 

Postal Service.

§ 20.3 Availability of the International Mail 

Manual. 

Copies of the International Mail 

Manual may be purchased from the 

Superintendent of Documents, U.S. 

Government Printing Office, 

Washington, DC 20402–9371. The IMM 

is available for examination on the 

Internet at http://pe.usps.gov. Copies are 

available for public inspection during 

regular business hours at area and 

district offices of the Postal Service and 

at all post offices, classified stations, 

and classified branches. You may also 

inspect a copy at the U.S. Postal Service 

Library, 475 L’Enfant Plaza West SW., 

Washington, DC 20260–1641, or at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/

code_of_federal_regulations/

ibr_locations.html.

§ 20.4 Amendments to the International 

Mail Manual. 

New issues of the International Mail 

Manual will be incorporated by 

reference into this part and will be 

available at http://pe.usps.gov. The text 

of amendments to the International Mail 

Manual will be published in the Federal 

Register and will be available in the 

Postal Bulletin, copies of which may be 

accessed at http://www.usps.com/cpim/

ftp/bulletin/pb.htm.

§ 20.5 [Reserved]

Stanley F. Mires, 

Chief Counsel, Legislative.

[FR Doc. 04–22233 Filed 10–4–04; 8:45 am] 

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[WI117–01–7347a, FRL–7637–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Northern Engraving 

Environmental Cooperative Agreement

AGENCY: Environmental Protection 

Agency.

ACTION: Direct final rule.

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a June 27, 

2003, request from Wisconsin to revise 

its State Implementation Plan (SIP) for 

a source specific revision for Northern 

Engraving Corporation (NEC). The Clean 

Air Act (Act), provides the authority for 

a state to provide a plan for the 

implementation, maintenance, and 

enforcement of the national ambient air 

quality standards in each air quality 

control region. The Wisconsin 

Department of Natural Resources 

(WDNR) and EPA entered into a 

memorandum of agreement concerning 

implementation of a joint cooperative 

pilot program and agreed to pursue 

regulatory innovation at two NEC 

facilities in Holmen, Wisconsin and 

Sparta, Wisconsin. Since then, the 

WDNR has amended the agreement to 

include two additional NEC facilities in 

Galesville, Wisconsin and West Salem, 

Wisconsin. Because portions of the 

Environmental Cooperative Agreement 

with NEC supercede portions of rules in 

the Wisconsin SIP, a source-specific SIP 

revision is required.

DATES: This rule is effective on 

December 6, 2004, unless EPA receives 

adverse written comments by November 

4, 2004. If EPA receives adverse 

comments, EPA will publish a timely 

withdrawal of the rule in the Federal 

Register and inform the public that the 

rule will not take effect.

ADDRESSES: You may inspect copies of 

the documents relevant to this action 

during normal business hours at the 

following location: United States 

Environmental Protection Agency 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois, 60604. 

Send written comments to: Pamela 

Blakely, Chief, Permits and Grants 

Section, United States Environmental 

Protection Agency (AR–18J), 77 West 

Jackson Boulevard, Chicago, Illinois 

60604. 

Comments may also be submitted 

electronically or through hand delivery/

courier, please follow the detailed 

instructions described in part (I)(B)(1)(i)