[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Notices]
[Page 24546]
[FR Doc No: 2012-9933]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting; Notice

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, April
26, 2012 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Walter, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
April 26, 2012 will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Other matters relating to enforcement proceedings; and
    An opinion.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact: The Office of the
Secretary at<PHONE_NUMBER>.

    Dated: April 19, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-9933 Filed 4-20-12; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 194 (Monday, October 7, 2019)]
[Notices]
[Pages 53506-53507]
[FR Doc No: 2019-21731]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87185; File No. SR-NYSEArca-2019-64]

Self-Regulatory Organizations; NYSE Arca Inc.; Notice of
Withdrawal of Proposed Rule Change To Amend the NYSE Arca Options Fee
Schedule To Revise the Options Regulatory Fee

October 1, 2019.
    On August 30, 2019, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to amend the
Exchange's fee schedule to revise the Options Regulatory Fee charged
for August 30, 2019. The proposed rule change was immediately effective
upon filing with the Commission pursuant to Section 19(b)(3)(A) of the
Act.\3\ The proposed rule change was published for comment

in the Federal Register on September 19, 2019.\4\ The Commission
received one comment letter on the proposal from the Exchange noting
that it planned to withdraw File No. SR-NYSEArca-2019-64.\5\ On
September 18, 2019, the Exchange withdrew the proposed rule change (SR-
NYSEArca-2019-64).
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ See Securities Exchange Act Release No. 86961 (September 13,
2019), 84 FR 49356.
    \5\ See Letter to Vanessa Countryman, Secretary, Commission,
from Martha Redding, Associate General Counsel and Assistant
Secretary, Exchange, dated September 17, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-21731 Filed 10-4-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 92 (Wednesday, May 13, 2015)]
[Rules and Regulations]
[Pages 27255-27259]
[FR Doc No: 2015-11562]

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 ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Part 52

 [EPA-R03-OAR-2014-0759; FRL-9927-70-Region 3]

 Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia, Maryland, and Virginia; 2011 Base Year Emissions
Inventories for the Washington DC-MD-VA Nonattainment Area for the 2008
Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve the 2011 base year emissions inventories
submitted by the District of Columbia, State of Maryland, and
Commonwealth of Virginia (collectively, the States) for the 2008 8-hour
ozone national ambient air quality standard (NAAQS). The emissions
inventories were submitted to meet nonattainment requirements related
to the Washington, DC-MD-VA nonattainment area (the DC Area or Area)
for the 2008 8-hour ozone NAAQS. EPA is approving the 2011 base year
emissions inventory for the 2008 8-hour ozone NAAQS for the DC Area in
accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on July 13, 2015 without further notice,
unless EPA receives adverse written comment by June 12, 2015. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0759 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2014-0759, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
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-R03-OAR-
2014-0759. 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 email. 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 email comment directly to EPA
without going through www.regulations.gov, your email 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 electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittals are available at the District of Columbia Department of the
Environment, Air Quality Division, 1200 1st Street NE., 5th floor,
Washington, DC 20002; the Maryland Department of the Environment, 1800
Washington Boulevard, Suite 705, Baltimore, Maryland 21230; and the
Virginia Department of Environmental Quality, 629 East Main Street,
Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background
II. Summary of SIP Revision
III. Final Action
IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
V. Statutory and Executive Order Reviews

I. Background

    Ground-level ozone is formed when nitrogen oxides (NOX)
and volatile organic compounds (VOC) react in the presence of sunlight.
Referred to as ozone precursors, these two pollutants are emitted by
many types of pollution sources, including on- and off-road motor
vehicles and engines, power plants and industrial facilities, and area-
wide sources, such as consumer products and lawn and garden equipment.
Scientific evidence indicates that adverse public health effects occur
following a person's exposure to ozone, particularly children and
adults with lung disease. Breathing air containing ozone can reduce
lung function and inflame airways, which can increase respiratory
symptoms and aggravate asthma or other lung diseases. As a consequence
of this scientific evidence, EPA promulgated the 0.12 part per million
(ppm) 1-hour ozone National Ambient Air Quality Standard. See 44 FR
8202 (February 8, 1979).
    On July 18, 1997 (62 FR 38855), EPA promulgated a revised ozone
NAAQS of 0.08 ppm, averaged over eight hours. This standard was
determined to be more protective of public health than the previous
1979 1-hour ozone standard. On April 30, 2004 (69 FR 23858), EPA
designated areas as attaining or not attaining the 1997 8-hour ozone
NAAQS and classified the DC Area as a moderate nonattainment area with
an applicable attainment date of June 15, 2010. EPA approved the
States' submittals pertaining to reasonable further progress (RFP), RFP
contingency measures, and Reasonably Available Control Measures (RACM),
along with the Washington Area's 2002 base year inventory and 2008
transportation conformity motor vehicle emissions budgets (MVEBs) on
September 20, 2011 (76 FR 58116). On February 28, 2012 (77 FR 11739),
EPA determined that the DC Area had attained by its applicable
attainment date.
    Subsequently, EPA revised the 8-hour ozone NAAQS from 0.08 to 0.075
ppm. See 73 FR 16436 (March 27, 2008). On May 21, 2012 (77 FR 30088),
the DC Area was designated marginal for the more stringent 8-hour ozone
standard. As a marginal nonattainment area, the DC Area is required
under section 172(c)(3) of the CAA to submit a comprehensive, accurate,
and current inventory of actual emissions from all sources of the
relevant pollutant or pollutants in the Area.

II. Summary of SIP Revision

    On July 17, 2014, the District of Columbia Department of the
Environment (DDOE) and the Virginia Department of Environmental Quality
(VADEQ) submitted their 2011 base year inventories, and on August 4,
2014, the Maryland Department of the Environment (MDE) submitted its
base year inventory. The 2011 base year inventories include emissions
estimates that cover the general source categories of stationary point
sources, stationary nonpoint sources, nonroad mobile sources and onroad
mobile sources. The pollutants that comprise the inventory are
NOX and VOCs.
    The CAA section 172(c)(3) emissions inventory is developed by the
incorporation of data from multiple sources. States were required to
develop and submit to EPA a triennial emissions inventory according to
the Consolidated Emissions Reporting Rule (CERR) for all source
categories (i.e., point, nonpoint, nonroad mobile, and on-road mobile).
The States developed the point source emissions inventory using actual
emissions directly reported by electric generating unit (EGU) and non-
EGU sources in the Area. For nonpoint source emissions, emissions were
estimated by multiplying an emission factor by a known indicator of
activity for each source category in the county (or county-equivalent).
Nonroad mobile source emissions were determined using the EPA's
NONROAD2008 model. Onroad mobile source emissions were developed using
the EPA's highway mobile source emissions model MOVES 2010a. More
information regarding the review of the base year inventory can be
found in the technical support document (TSD) that is located in the
docket for this rulemaking action.

III. Final Action

    Pursuant to section 172(c) of the CAA, EPA is approving the 2011
base year emissions inventories submitted by the District of Columbia,
Maryland, and Virginia for the 2008 8-hour ozone NAAQS as revisions to
the States' respective SIPs. EPA is publishing this rule without prior
proposal because EPA views this as a noncontroversial amendment and
anticipates no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revisions
if adverse comments are filed. This rule will be effective on July 13,
2015 without further notice unless EPA receives adverse comment by June
12, 2015. If EPA receives adverse comment, EPA

will publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. EPA will address all public
comments in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time.

IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege Law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides
that ``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it

is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 13, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action. This action approving the 2011 emissions inventories
for the states that comprise the Washington, DC Nonattainment Area for
the 2008 ozone NAAQS may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: May 4, 2015.
William C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart J--District of Columbia

0
2. In Sec.  52.470, the table in paragraph (e) is amended by adding an
entry at the end of the table to read as follows:

Sec.  52.470  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP     Applicable geographic  State submittal                          Additional
            revision                      area                 date       EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2011 Base Year Emissions         District of Columbia           7/17/14   5/13/15 [Insert    Sec.   52.474(f).
 Inventory for the 2008 8-hour    portion of the                           Federal Register
 ozone standard.                  Washington, DC-MD-VA                     citation].
                                  2008 ozone
                                  nonattainment area.
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.474 is amended by adding paragraph (f) to read as
follows:

Sec.  52.474  Base Year Emissions Inventory.

* * * * *
    (f) EPA approves as a revision to the District of Columbia State
Implementation Plan the 2011 base year emissions inventory for the
District of Columbia portion of the Washington, DC-MD-VA 2008 8-hour
ozone nonattainment area submitted by the District Department of the
Environment on July 17, 2014. The 2011 base year emissions inventory
includes emissions estimates that cover the general source categories
of point sources, non-road mobile sources, area sources, on-road mobile
sources, and biogenic sources. The pollutants that comprise the
inventory are nitrogen oxides (NOX) and volatile organic
compounds (VOC).

Subpart V--Maryland

0
4. In Sec.  52.1070, the table in paragraph (e) is amended by adding an
entry at the end of the table to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP     Applicable geographic  State submittal                          Additional
            revision                      area                 date       EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2011 Base Year Emissions         Maryland portion of             8/4/14   5/13/15 [Insert    Sec.   52.1075(o).
 Inventory for the 2008 8-hour    the Washington, DC-MD-                   Federal Register
 Ozone standard.                  VA 2008 ozone                            citation].
                                  nonattainment area.
----------------------------------------------------------------------------------------------------------------

0
5. Section 52.1075 is amended by adding paragraph (o) to read as
follows:

Sec.  52.1075  Base year emissions inventory.

* * * * *
    (o) EPA approves as a revision to the Maryland State Implementation
Plan the 2011 base year emissions inventory for the Maryland portion of
the Washington, DC-MD-VA 2008 8-hour ozone nonattainment area submitted
by the Maryland Department of Environment on August 4, 2014. The 2011
base year emissions inventory includes emissions estimates that cover
the general source categories of point sources, non-road mobile
sources, area sources, on-road mobile sources, and biogenic sources.
The pollutants that comprise the inventory are nitrogen oxides
(NOX) and volatile organic compounds (VOC).

Subpart VV--Virginia

0
6. In Sec.  52.2420, the table in paragraph (e) is amended by adding an
entry at the end of the table to read as follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP     Applicable geographic  State submittal                          Additional
            revision                      area                 date       EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2011 Base Year Emissions         Virginia portion of            7/17/14   5/13/15 [Insert    Sec.   52.2425(g)
 Inventory for the 2008 8-hour    the Washington, DC-MD-                   Federal Register
 ozone standard.                  VA 2008 ozone                            citation].
                                  nonattainment area.
----------------------------------------------------------------------------------------------------------------

0
7. Section 52.2425 is amended by adding paragraph (g) to read as
follows:

Sec.  52.2425  Base Year Emissions Inventory.

* * * * *
    (g) EPA approves as a revision to the Virginia State Implementation
Plan the 2011 base year emissions inventory for the Virginia portion of
the Washington, DC-MD-VA 2008 8-hour ozone nonattainment area submitted
by the Virginia Department of Environmental Quality on July 17, 2014.
The 2011 base year emissions inventory includes emissions estimates
that cover the general source categories of point sources, non-road
mobile sources, area sources, on-road mobile sources, and biogenic
sources. The pollutants that comprise the inventory are nitrogen oxides
(NOX) and volatile organic compounds (VOC).

[FR Doc. 2015-11562 Filed 5-12-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: February 16, 2007 (Volume 72, Number 32)]
[Notices]
[Page 7649-7650]
[DOCID:fr16fe07-79]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2985-004]

MeadWestvaco; Notice of Change in Applicant's Proposal Concerning
the Redevelopment of the Willow Mill Hydroelectric Project

February 9, 2007.
    a. Type of Filing: Notice of Intent (NOI) to File Application for a
New License and Commencing Licensing Proceeding.
    b. Project No.: 2985-004.
    c. Dated Filed: April 14, 2006.
    d. Applicant: MeadWestvaco.
    e. Name of Project: Willow Mill Hydroelectric Project.
    f. Location: On the Housatonic River in Berkshire County,
Massachusetts. The project does not occupy federal lands.
    g. Filed Pursuant to: 18 CFR Part 5 of the Commission's
Regulations.
    h. Applicant Contact: Mr. Robert Miller, MeadWestvaco, 547A
Sissonville Road, Potsdam, NY 13676,<PHONE_NUMBER>.
    i. FERC Contact: Kristen Murphy,<PHONE_NUMBER>, or via e-mail at
<EMAIL_ADDRESS>
    j. The Willow Mill Project includes: a 14-foot-high, 150-foot-wide
stone masonry gravity dam; an impoundment of approximately 11 surface
acres; a 10-foot-deep, 18-foot-wide rubble and masonry canal that runs
approximately 50 feet to a 10-foot-deep, 18-foot wide, 260-foot long
rubble and masonry underground headrace; two steel penstocks, one
leading to a 100-kW unit, the other leading to a 360-kW unit. The two
generating units are located in the basement of MeadWestvaco's paper
mill, and release flow to an 8-foot-wide underground tailrace that
reconnects to the Housatonic River approximately 700 feet downstream
from Willow Mill Dam. The 360-kW unit has not been operated

since 1966. The 100-kW unit ceased operating in 2005.
    k. In its PAD, MeadWestvaco stated it was evaluating its options
relative to rehabilitating the 100 kW unit, or potentially increasing
the overall hydraulic capacity of the facility. Pursuant to 18 CFR
5.11, MeadWestvaco filed a Proposed Study Plan on September 26, 2006.
The plan included a Hydropower Redevelopment Study to evaluate the
feasibility of rehabilitating the existing facility, replacing the
generator units with newer models, or expanding the overall facility
capacity. In its Revised Study Plan, filed January 23, 2007,
MeadWestvaco withdrew the Hydropower Redevelopment Study proposal.
Rather, MeadWestvaco now states that it will rehabilitate the 100-kW
unit during 2007, and otherwise has no plans to upgrade or expand the
project.
    l. Pursuant to 18 CFR 16.7, information on the project is available
at: Ms. Patricia C. Begrowicz, MeadWestvaco, 40 Willow Street, South
Lee, MA 01260.
    m. Willow Mill Project information is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site (http://www.ferc.gov), using the ``eLibrary''

link. Enter the docket number, excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. Copies are also available for
inspection and reproduction at the address in paragraph m.
    n. Register online at http://ferc.gov/esubscribenow.htm to be

notified via e-mail of new filing and issuances related to this or
other pending projects. For assistance, contact FERC Online Support.

Magalie R. Salas,
Secretary.
 [FR Doc. E7-2702 Filed 2-15-07; 8:45 am]

BILLING CODE 6717-01-P