7426 Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Proposed Rules 

1Petition of the United States Postal Service 

Requesting Initiation of a Proceeding to Consider a 

Proposed Change in Analytic Principles (Proposal 

One), February 9, 2010 (Petition). 

data in such a way that the data do not 

represent what actually occurred. 

Examples of falsification of data 

include, but are not limited to, the 

following: 

(A) Creating data that were never 

obtained (e.g., making up data or results 

and recording or reporting them; 

reporting enrollment in a study of a 

subject who did not exist; forging the 

signature on an informed consent form); 

(B) Altering data by replacing original 

data with something different that does 

not accurately reflect study conduct or 

results (e.g., changing a laboratory 

measurement to a less extreme deviation 

from normal); 

(C) Recording or obtaining data from 

a specimen, sample, or test whose origin 

is not accurately described or in a way 

that does not accurately reflect the data 

(e.g., changing the date of a specimen, 

sample, or test; adding a substance not 

called for in the study to a specimen or 

sample; identifying a specimen, sample, 

or test as coming from a specific subject 

when it came from a source other than 

the subject); 

(D) Omitting data that were obtained 

and would be appropriate for recording 

based on study design and conduct (e.g., 

not recording exclusionary medical 

history or prohibited concomitant 

medications or treatments; omitting data 

so that a statistical analysis yields a 

result that would not have been 

obtained had all data been analyzed). 

(ii) The term data includes, but is not 

limited to, individual facts, tests, 

specimens, samples, results, statistics, 

items of information, or statements 

made by individuals. 

(2) Sponsors should not report errors 

(e.g., typographical errors, transposed 

numbers or characters) to FDA under 

paragraph (d) of this section. 

Dated: February 12, 2010. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2010–3123 Filed 2–18–10; 8:45 am] 

BILLING CODE 4160–01–S 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3050 

[Docket No. RM2010–8; Order No. 406] 

Periodic Reporting 

AGENCY: Postal Regulatory Commission. 

ACTION: Advance notice of proposed 

rulemaking; availability of rulemaking 

petition. 

SUMMARY: The Commission is noticing a 

Postal Service petition proposing a 

change in transportation cost system 

sampling. The proposal involves 

distributing rail costs using inter-BMC 

highway distribution factors. This 

notice briefly describes the Postal 

Service’s rationale for proposing this 

change and addresses procedural steps 

associated with the petition. 

DATES: Comments are due: February 24, 

2010. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov. Commenters who cannot 

submit their views electronically should 

contact the person identified in FOR

FURTHER INFORMATION CONTACT by 

telephone for advice on alternatives to 

electronic filing. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Procedural Matters 

III. Ordering Paragraphs 

I. Background 

On February 9, 2010, the Postal 

Service filed a petition to initiate an 

informal rulemaking proceeding to 

consider a change in the analytical 

methods approved for use in periodic 

reporting.1 The Postal Service labels its 

proposal ‘‘Proposal One’’ because it 

intends that it relate to the FY 2010 

rather than the FY 2009 compliance 

reporting cycle. Proposal One seeks 

authorization from the Commission to 

immediately eliminate the rail portion 

of the Transportation Cost System 

(TRACS) sampling, and proposes 

instead to distribute rail costs using the 

Inter-BC highway distribution factors. 

The Postal Service states that as part 

of a realignment of its transportation 

and distribution systems, it is shifting 

much of its transportation needs from 

rail to truck. Because rail costs are 

rapidly dwindling, it proposes to 

eliminate TRACS rail sampling, and to 

use the TRACS inter-BMC distribtion in 

place of the Rail distribution key in Cost 

Segment 14. Table 1 of the supporting 

material accompanying the Petition 

(Proposal One) shows that Freight Rail 

and Rail Plant Load costs are expected 

to decline by 75 percent from FY 2009 

to FY 2010, when they will amount to 

less than $15 million. Id., Proposal One, 

at 1. Table 2 shows that substituting the 

inter-BMC distribution key for the Rail 

distribution key in FY 2009 would have 

had a small impact on the share of 

Segment 14 costs borne by each market 

dominant product. Id. at 2. The Postal 

Service comments that the impact will 

be de minimis in FY 2010 when Rail 

costs will make up a much smaller share 

of Segment 14 costs. The Postal Service 

states its desire to make the change 

before Quarter 3 of FY 2010 makes more 

efficient use of its data collection 

resources. Id. 

II. Procedural Matters 

The Commission sets February 24, 

2010 as the due date for public 

comments. The Commission will 

determine the need for reply comments 

after reviewing the initial comments 

received. 

Kenneth Moeller is designated as the 

Public Representative to represent the 

interests of the general public in this 

proceeding. 

III. Ordering Paragraphs 

It is ordered: 

1. The Petition of the United States 

Postal Service Requesting Initiation of a 

Proceeding to Consider a Proposed 

Change in Analytic Principles (Proposal 

One), filed February 9, 2010, is granted. 

2. The Commission establishes Docket 

No. RM2010–8 to consider the matters 

raised by the Postal Service’s Petition. 

3. Interested persons may submit 

comments on Proposal One no later 

than February 24, 2010. 

4. Pursuant to 39 U.S.C. 505, Kenneth 

Moeller is appointed to serve as the 

Public Representative representing the 

interests of the general public. 

5. The Secretary shall arrange for 

publication of this notice in the Federal 

Register. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2010–3225 Filed 2–18–E8; 8:45 am] 

BILLING CODE 7710–FW–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 80, 85, and 86 

[EPA–HQ–OAR–2010–0052; FRL–9113–8] 

RIN 2060–AI23; 2060–AQ12 

Tier 2 Light-Duty Vehicle and LightDuty Truck Emission Standards and 

Gasoline Sulfur Control Requirements 

(Section 610 Review) 

AGENCY: Environmental Protection 

Agency (EPA). 


srobinson on DSKHWCL6B1PROD with PROPOSALS