Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Proposed Rules 65593 

1United States Postal Service Request for 

Temporary Waivers from Periodic Reporting of 

Service Performance Measurement, October 1, 2010 

(Request); see also Order Establishing Final Rules 

Concerning Periodic Reporting of Service 

Performance Measurements and Customer 

Satisfaction, May 25, 2010, at 22–24 (Order No. 

465). 

the Commodity Exchange Act and, in 

particular, sections 2(a)(1), 5h, and 8a 

thereof, 7 U.S.C. 2, 7b–3, and 12a, and 

pursuant to the authority contained in 

section 723(c)(3) of the Dodd-Frank 

Wall Street Reform and Consumer 

Protection Act, Public Law 111–203, 

124 Stat. 1376 (2010), the Commission 

hereby proposes to amend Chapter 1 of 

Title 17 of the Code of Federal 

Regulations as follows: 

PART 1—GENERAL REGULATIONS 

UNDER THE COMMODITY EXCHANGE 

ACT 

1. The authority citation for Part 1 is 

revised to read as follows: 

Authority: 7 U.S.C. 1a, 2, 5, 6, 6a–6p, 7, 

7a, 7b, 7b–3, 8, 9, 12, 12a, 12c, 13a, 13a–1, 

16, 16a, 19, 21, 23 and 24, unless otherwise 

noted. 

2. Section 1.3 is amended by adding 

paragraph (zz) to read as follows: 

§ 1.3 Definitions. 

* * * * * 

(zz) Agricultural commodity. As used 

in the Act and CFTC regulations, this 

term means: 

(1) The following commodities 

specifically enumerated in the 

definition of a ‘‘commodity’’ found in 

section 1a of the Act:Wheat, cotton, rice, 

corn, oats, barley, rye, flaxseed, grain 

sorghums, mill feeds, butter, eggs, 

Solanum tuberosum (Irish potatoes), 

wool, wool tops, fats and oils (including 

lard, tallow, cottonseed oil, peanut oil, 

soybean oil and all other fats and oils), 

cottonseed meal, cottonseed, peanuts, 

soybeans, soybean meal, livestock, 

livestock products, and frozen 

concentrated orange juice, but not 

onions; 

(2) All other commodities that are, or 

once were, or are derived from, living 

organisms, including plant, animal and 

aquatic life, which are generally 

fungible, within their respective classes, 

and are used primarily for human food, 

shelter, animal feed or natural fiber; 

(3) Tobacco, products of horticulture, 

and such other commodities used or 

consumed by animals or humans as the 

Commission may by rule, regulation or 

order designate after notice and 

opportunity for hearing; and 

(4) Commodity-based contracts based 

wholly or principally on a single 

underlying agricultural commodity. 

Issued in Washington, DC, on October 19, 

2010, by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

Statement of Chairman Gary Gensler 

Agriculture Commodity Definition 

October 19, 2010 

I support the proposal to publish for 

comment a definition of the term, 

‘‘agricultural commodity.’’ This is 

necessary as the Dodd-Frank Act 

includes two provisions that apply to 

swaps in an agricultural commodity, as 

defined by the CFTC. First, the 

definition will be used to fulfill the 

Dodd-Frank Act’s requirement that 

swaps in an ‘‘agricultural commodity’’ 

be prohibited unless permitted under 

the Commission’s general exemptive 

authority. An Advance Notice of 

Proposed Rulemaking seeking comment 

on the appropriate conditions, 

restrictions or protections to be 

included in any rules governing 

agricultural swaps is currently out for 

comment. Second, the Dodd-Frank Act 

directs the Commission to adopt 

speculative position limits for 

‘‘agricultural commodities’’ within 270 

days of the enactment of Dodd-Frank. 

I believe the proposed agricultural 

commodity definition draws a good line 

between agricultural and nonagricultural commodities, though I am 

very interested to hear the public’s 

views on this definition. 

[FR Doc. 2010–26951 Filed 10–25–10; 8:45 am] 

BILLING CODE P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[RM2011–1; Order No. 552] 

Periodic Reporting 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice of temporary waiver 

request. 

SUMMARY: The Commission is 

establishing a docket to address a recent 

Postal Service request for approval of a 

temporary waiver of rules requiring it to 

provide periodic reports on service 

performance for certain market 

dominant postal services. The Postal 

Service’s request reflects the expectation 

that a transition period likely would be 

needed before full compliance with new 

reporting rules could be accomplished. 

This notice informs the public about the 

Postal Service’s interest in obtaining a 

temporary waiver and invites comments 

that will inform the Commission’s 

decision on the request. 

DATES: Comments Due: October 29, 

2010. 

Reply Comments Due: November 15, 

2010. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

information on filing alternatives. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: On 

October 1, 2010, the Postal Service filed 

a request for temporary waivers from 

periodic reporting of service 

performance measurement for various 

market dominant postal services, or 

components of postal services, pursuant 

to Commission Order No. 465.1

Order No. 465 established a process 

for the Postal Service to achieve full 

compliance with all periodic service 

performance reporting requirements by 

the filing date of the FY 2011 Annual 

Compliance Report. Order No. 465 at 

18–24. As part of the process, the 

Commission directed the Postal Service 

to seek temporary waivers where it 

cannot immediately comply with 

specific reporting requirements. As a 

condition of granting any waiver, the 

Commission directed the Postal Service 

to develop and present implementation 

plans addressing each reporting 

requirement for which the Postal 

Service cannot provide the required 

information. The ‘‘plans at a minimum 

should provide an explanation of why a 

reporting requirement cannot be 

complied with, the steps necessary to 

come into compliance, and a timeline of 

events necessary to achieve compliance. 

Interim milestones shall be included in 

the plans where applicable such that 

both the Postal Service and the 

Commission can evaluate progress being 

made.’’ Id. at 23. 

In the instant Request, the Postal 

Service seeks temporary waivers for 

First-Class Mail Flats at the district 

level, non-retail First-Class Mail Parcels, 

all categories of Standard Mail, Outside 

County Periodicals, non-retail Media 

Mail, Library Mail, Bound Printed 

Matter Parcels, and Stamp Fulfillment 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
65594 Federal Register / Vol. 75, No. 206 / Tuesday, October 26, 2010 / Proposed Rules 

Services. Request at 1. The Postal 

Service also discusses what 

measurements it will report in the 

interim. 

The Commission establishes Docket 

No. RM2011–1 for consideration of 

matters related to the proposed semipermanent exception from periodic 

reporting of service performance 

measurement identified in the Postal 

Service’s Request. 

Interested persons may submit 

comments on whether the Postal 

Service’s Request is consistent with the 

policies of 39 U.S.C. 3652(a)(2) and with 

the directions given in Order No. 465. 

Interested persons also may comment 

on interim measurement proposals. 

Comments are due no later than October 

29, 2010. Reply comments are due no 

later than November 15, 2010. The 

Postal Service’s Request can be accessed 

via the Commission’s Web site (http:// 

www.prc.gov). 

The Commission appoints Emmett 

Rand Costich to serve as Public 

Representative in the captioned 

proceedings. 

It is ordered: 

1. The Commission establishes Docket 

No. RM2011–1 for consideration of 

matters raised by the Postal Service’s 

Request. 

2. Comments by interested persons in 

these proceedings are due no later than 

October 29, 2010. 

3. Reply comments by interested 

persons in these proceedings are due no 

later than November 15, 2010. 

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

Rand Costich is appointed to serve as 

the officer of the Commission (Public 

Representative) to represent the 

interests of the general public in these 

proceedings. 

5. The Secretary shall arrange for the 

publication of this order in the Federal 

Register. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2010–26835 Filed 10–25–10; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2008–0684; FRL–9215–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Particulate Matter Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a request submitted by the Ohio 

Environmental Protection Agency on 

August 22, 2008, to revise the Ohio 

State Implementation Plan under the 

Clean Air Act. The State has submitted 

revisions to twelve rules and rescinded 

one rule in Ohio Administrative Code 

(OAC) Chapter 3745–17, ‘‘Particulate 

Matter Standards.’’ The revisions were 

submitted by Ohio EPA to satisfy the 

State’s 5-year review requirements. The 

particulate matter (PM) standards 

contain the particulate emission control 

requirements that have been necessary 

to attain and maintain the 2006 National 

Ambient Air Quality Standards for PM 

in the State. 

EPA is proposing to approve the 

revisions to nine of the OAC 3745–17 

rules. EPA proposes approving only a 

portion of Rule 7, while not acting on 

the portion providing a partial 

exemption from opacity limits for a lime 

kiln in Woodville, Ohio. We are 

proposing to conditionally approve Rule 

11 based on a commitment by Ohio to 

address EPA’s concerns with the large 

item size exemptions. EPA is not acting 

on Rule 3, regarding opacity 

measurement methods. Lastly, EPA is 

proposing to approve the rescission of 

Rule 5 from the Ohio SIP. 

DATES: Comments must be received on 

or before November 26, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2008–0684, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: bortzer.jay@epa.gov. 

3. Fax: (312) 692–2054. 

4. Mail: Jay Bortzer, Chief, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Jay Bortzer, Chief, 

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: October 4, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2010–26883 Filed 10–25–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0807; FRL–9209–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Ohio Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

amendments to the Ohio Administrative 

Code (OAC) relating to the 

consolidation of Ohio’s Ambient Air 

Quality Standards (AAQS) into Ohio’s 

State Implementation Plan (SIP) under 

the Clean Air Act. On April 8, 2009, and 

August 11, 2009, Ohio EPA adopted 

amendments to various rules in the 


emcdonald on DSK2BSOYB1PROD with PROPOSALS