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
Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Proposed Rules 7427 

ACTION: Request for comments on 

Regulatory Flexibility Act Section 610 

Review. 

SUMMARY: On February 10, 2000 (65 FR 

6698), EPA published emission 

standards for light-duty vehicles and 

light-duty trucks requiring vehicle 

manufacturers to reduce tailpipe 

emissions. Specifically, EPA sought to 

reduce emissions of nitrogen oxides and 

non-methane hydrocarbons, pollutants 

which contribute to ozone pollution. 

The rulemaking also required oil 

refiners to limit the sulfur content of the 

gasoline they produce. Sulfur in 

gasoline has a detrimental impact on 

catalyst performance and the sulfur 

requirements have enabled the 

introduction of advanced technology 

emission control systems on motor 

vehicles. 

Pursuant to Section 610 of the 

Regulatory Flexibility Act, EPA is now 

initiating a review of this rule to 

determine if the provisions related to 

small entities should be continued 

without change, or should be rescinded 

or amended to minimize adverse 

economic impacts on small entities. 

DATES: Comments must be received on 

or before March 22, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2010–0052, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: a-and-r-Docket@epa.gov. 

• Fax: 202–566–9744. 

• Mail: Docket No. EPA–HQ–OAR– 

2010–0052, Environmental Protection 

Agency, Mail code 2822T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. 

• Hand Delivery: Docket No. EPA– 

HQ–OAR–2010–0052, Environmental 

Protection Agency, EPA West, Room 

3334, 1301 Constitution Ave., NW., 

Washington, DC 20004. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2010– 

0052. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means 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 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 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the 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 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket and 

Information Center, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744 and the telephone 

number for the Air and Radiation 

Docket and Information Center is (202) 

566–1742. 

FOR FURTHER INFORMATION CONTACT: Tad 

Wysor, Office of Transportation and Air 

Quality, Assessment and Standards 

Division, Environmental Protection 

Agency, 2000 Traverwood Drive, Ann 

Arbor, MI 48105; telephone number: 

(734) 214–4332; fax number (734) 214– 

4816; e-mail address: 

wysor.tad@epa.gov, or Assessment and 

Standards Division Hotline; telephone 

number (734) 214–4636; e-mail address 

asdinfo@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

Agency published the Tier 2 Motor 

Vehicle Emissions Standards and 

Gasoline Sulfur Control Requirements 

rule (Tier 2 Program) on February 10, 

2000 (65 FR 6698). The program 

significantly reduced emissions related 

to ozone and particulate matter from 

new passenger cars and light trucks, 

including pickup trucks, vans, 

minivans, and sport-utility vehicles. 

The program also required refiners to 

significantly reduce the level of sulfur 

in their gasoline. 

The Tier 2 program required vehicle 

manufacturers to reduce new vehicle 

emissions, primarily nitrogen oxide, 

volatile organic compounds, and 

particulate matter. Included as 

‘manufacturers’ were several companies 

that convert gasoline vehicles to operate 

on alternative fuel, and several that 

import vehicles into the U.S. and 

upgrade their emission control systems 

to EPA specifications. Most of these 

companies are small entities, and a 

SBREFA panel recommended that EPA 

provide special flexibility to these types 

of vehicle manufacturers. In the final 

rule, EPA adopted these 

recommendations, including providing 

more time before the companies’ 

vehicles were required to meet the 

emission standards otherwise applicable 

to larger manufacturers. 

The Tier 2 program also required oil 

refiners to produce gasoline with muchreduced content of sulfur, primarily to 

protect the improved catalyst systems 

anticipated on new Tier 2 vehicles. An 

informal coalition of small refining 

companies formed to participate in the 

rulemaking and the SBREFA panel. In 

this case as well, EPA adopted 

recommendations of the small refiners, 

providing more lead time for meeting 

the gasoline sulfur requirements. 

This notice announces that EPA will 

review the provisions of this regulation 

related to small entities pursuant to 

section 610 of the Regulatory Flexibility 

Act (RFA) (5 U.S.C. 610). EPA solicits 

comments on the following factors: (1) 

The continued need for the rule; (2) the 

Nature of complaints or comments 

received concerning the rule; (3) the 

complexity of the rule; (4) the extent to 

which the rule overlaps, duplicates, or 

conflicts with other Federal, State, or 

local government rules; and (5) the 

degree to which technology, economic 

conditions, or other factors have 

changed in the area affected by the rule. 

Comments must be received by March 

22, 2010. In submitting comments, 

please reference Docket ID number 

EPA–HQ–OAR–2010–0052, and follow 

the instructions provided in the 

ADDRESSES section of this notice. The 

results of EPA’s review will be 

summarized in a report and placed in 

the rulemaking docket referenced above. 

This docket can be accessed at http:// 

www.regulations.gov. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
7428 Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Proposed Rules 

Dated: February 12, 2010. 

Alexander Cristofaro, 

Director, Office of Regulatory Policy and 

Management. 

[FR Doc. 2010–3249 Filed 2–18–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 790 

[EPA–HQ–OPPT–2009–0894; FRL–8802–6] 

RIN 2070–AJ59 

Amendments to Enforceable Consent 

Agreement Procedural Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to revise the 

procedures for developing Enforceable 

Consent Agreements (ECAs) to generate 

test data under the Toxic Substances 

Control Act (TSCA). The main features 

of the ECA process that EPA is 

proposing to change include when and 

how to initiate negotiations and 

inserting a firm deadline at which 

negotiations will terminate. EPA is also 

proposing to amend several sections in 

40 CFR part 790 to place the ECA 

provisions in one section and the 

Interagency Testing Committee (ITC) 

provisions in a separate section, to make 

it clearer that there is one ECA 

negotiation procedure applicable to all 

circumstances when an ECA would be 

appropriate and to make conforming 

changes in other sections that reference 

the ECA procedures. 

DATES: Comments must be received on 

or before March 22, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2009–0894, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave., NW., 

Washington, DC. Attention: Docket ID 

Number EPA–HQ–OPPT–2009–0894. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2009–0894. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available on-line 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 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov website is an 

‘‘anonymous access’’ system, which 

means 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 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. 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 electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact: Colby 

Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 554–1404; e-mail address: 

TSCA-Hotline@epa.gov. 

For technical information contact: 

Jessica Barkas, Chemical Control 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (202) 250– 

8880; e-mail address: 

barkas.jessica@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

You may be potentially affected by 

this action if you manufacture (defined 

by statute to include import) or process 

chemical substances. Potentially 

affected entities may include, but are 

not limited to: 

• Manufacturers (defined by statute to 

include importers) of chemical 

substances (NAICS codes 325 and 

324110), e.g., chemical manufacturing 

and petroleum refineries. 

• Processors of chemical substances 

(NAICS codes 325 and 324110), e.g., 

chemical manufacturing and petroleum 

refineries. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

B. What Should I Consider As I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD-ROM that 


srobinson on DSKHWCL6B1PROD with PROPOSALS