[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Notices]
[Pages 71911-71912]
[FR Doc No: 2019-28071]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2368-059]

Notice of Application Tendered for Filing With the Commission and
Establishing Procedural Schedule for Licensing and Deadline for
Submission of Final Amendments; Algonquin Northern Maine Generating
Company

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 2368-059.
    c. Date Filed: December 3, 2019.
    d. Applicant: Algonquin Northern Maine Generating Company
(Algonquin).
    e. Name of Project: Scopan Hydroelectric Project.
    f. Location: The existing project is located on Scopan Stream in
the Town of Masardis in Aroostook County, Maine. The project does not
affect federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Ian MacRobbie, Vice President, Operations,
Algonquin Northern Maine Generating Company, 26 Canal Bank, Windsor
Locks, Connecticut 06096; Telephone<PHONE_NUMBER>.
    i. FERC Contact: John Baummer,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. This application is not ready for environmental analysis at this
time.

    k. Project Description: The existing Scopan Hydroelectric Project
consists of: (1) A 750-foot-long dam that includes: (a) A 330-foot-
long, 45-foot-high earthen embankment section (north embankment) with a
194-foot-long, 49-foot-high concrete retaining wall at the downstream
end of the embankment; (b) a 24-foot-long, 45-foot-high concrete
gravity spillway section with a crest elevation of 590 feet National
Geodetic Vertical Datum of 1929 (NGVD) and a single 13.5-foot-high
spillway gate with two 10-inch-diameter minimum flow butterfly valves;
(c) a 26-foot-long, 48-foot-high concrete intake and powerhouse section
that includes: (i) Two 12-inch-wide head gates and trashracks with 3-
inch clear-bar spacing; and (ii) a 26-foot-long, 49-foot-high concrete
powerhouse with a single 1.5-megawatt vertical propeller turbine-
generator unit; and (d) a 370-foot-long, 45-foot-high earthen
embankment section (south embankment) with a 135.5-foot-long, 45-foot-
high concrete retaining wall at the downstream end of the embankment;
(2) an approximately 15-mile-long, 5,000-acre impoundment (Scopan Lake)
with a useable storage volume of 57,920 acre-feet between elevations
590.5 and 603.2 feet NGVD; (3) three 13.45/2.4-kilovolt transformers
and switch gear that connect the generator to Emera, Maine's regional
transmission line; and (4) appurtenant facilities.
    The project operates in a store and release mode in which the
impoundment is drawdown from January through March of each year to meet
electricity demand in the winter. During the spring and summer, the
impoundment is maintained at or near the full pond levels to protect
and enhance fisheries, wetlands, wildlife and recreational resources.
Algonquin manages the project to augment flows in the Aroostook River
downstream of the project for generation at the Aroostook River Project
No. 2367 and the Tinker Falls Project, the latter of which is located
in New Brunswick Canada and is not a FERC-licensed project. The Scopan
Project had an average annual generation of approximately 878,913
kilowatt-hours from 2012 through 2018.
    The project's current license requires Algonquin to: (1) To
maintain Scopan Lake water levels as follows: (a) From May 15 to July
31, fluctuate Scopan Lake by no more than one foot; (b) from July 16 to
Labor Day, target Scopan Lake between 601.0 to 603.0 feet NGVD; and (c)
from October 1 to November 15, maintain Scopan Lake at or above 601.0
feet NGVD; (2) release minimum flows of 21 cubic feet per second (cfs)
from December 1 through May 15, and 25 cfs from May 16 through November
30; (3) close one of the two minimum flow valves if Scopan Lake falls
below 601.5 feet NGVD; (4) close both minimum flow valves if Scopan
Lake falls below 601 feet NGVD; and (5) limit the maximum discharge
from the project to not more than 600 cfs from April 1 to November 30.
    Algonquin proposes to: (1) Maintain Scopan Lake water surface
elevations as follows: (a) From June 1 to July 31 limit water level
fluctuations in Scopan Lake to no more than 0.5 vertical foot upward or
1.0 vertical foot downward within any 28-day period from June 1 through
July 31;(b) from August 1 through Labor Day, maintain the water
elevation of Scopan Lake between 601.0 and 603.0 feet NGVD; (c) from
October 1 through November 15, maintain the water elevation of Scopan
Lake above 601.0 feet NGVD; (d) limit winter drawdowns of Scopan Lake
to no lower than 595.3 feet NGVD from November 16 to May 14; (2) limit
the maximum discharge from the project to not more than 600 cfs from
June 1 to November 30; and (3) continue to release a continuous minimum
flow of 21 cfs including leakage from the minimum flow valves unless
water levels in Scopan Lake fall below 601.5 feet NGVD from May 16
through November 30, in which case one valve would be closed.
    l. Locations of the Application: A copy of the application is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's website at 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, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction
the Ashland Community Library, 57 Exchange Street, Ashland, Maine
04732.
    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Procedural Schedule: The application will be processed according
to the following preliminary Hydro Licensing Schedule. Revisions to the
schedule may be made as appropriate.

------------------------------------------------------------------------
              Milestone                           Target Date
------------------------------------------------------------------------
Notice of Acceptance/Notice of Ready   April 2020.
 for Environmental Analysis.
Filing of recommendations,             June 2020.
 preliminary terms and conditions,
 and fishway prescriptions.
Commission issues Environmental        September 2020.
 Assessment.
Comments on the EA...................  October 2020.
Modified terms and conditions........  December 2020.
------------------------------------------------------------------------

    o. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: December 17, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-28071 Filed 12-27-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Notices]
[Pages 46645-46646]
[FR Doc No: 2015-19210]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0021, Notice 2]

Decision That Nonconforming Model Year 2000 East Lancashire
Coachbuilders Limited Double Decker Tri-Axle Buses (With Volvo B7L
Chassis) Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: This document announces a decision by the National Highway
Traffic Safety Administration that certain model year (MY) 2000 East
Lancashire Coachbuilders Limited Double Decker Tri-Axle buses (with
Volvo B7L Chassis) that were not originally manufactured to comply with
all applicable Federal Motor Vehicle Safety Standards (FMVSS) are
eligible for importation into the United States because they have
safety features that comply with, or are capable of being altered to
comply with, all applicable FMVSS.

DATES: This decision became effective on July 30, 2015.

ADDRESSES: For further information contact George Stevens, Office of
Vehicle Safety Compliance, NHTSA<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C 30141(a)(1)(B),a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused admission into the United States unless NHTSA has decided its
safety features comply with, or are capable of being altered to comply
with, all applicable FMVSS based on destructive test data or such other
evidence that NHTSA decides to be adequate.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
    US Specs, of Havre de Grace, Maryland (``US Specs'') (Registered
Importer No. RI-03-321), petitioned NHTSA to decide whether MY 2000
East Lancashire Coachbuilders Limited Double Decker Tri-Axle buses
(with Volvo B7L Chassis) are eligible for importation into the United
States. NHTSA published a notice of the petition on January 26, 2015
(80 FR 4033) to afford an opportunity for public comment. No comments
were received. The reader is referred to that notice for a thorough
description of the petition.

NHTSA Conclusions

    NHTSA has reviewed the petition and supporting information
submitted by US Specs and has concluded that the vehicles covered by
the petition have safety features that are capable of being altered to
comply with all applicable FMVSS.
    NHTSA has also determined that because the subject vehicles were
manufactured in two or more stages, any Registered Importer (RI) that
imports the subject vehicles must provide separate proof that the
chassis and the body of each vehicle are the originals used by East
Lancashire Coachbuilders Limited when manufacturing the bus for the
subject model year. Such proof shall be provided as part of the
statement of

conformity and associated documents (referred to as a ``conformity
package'') the RI must submit to NHTSA under 49 CFR 592.6(d) to obtain
release of the DOT Conformance bond furnished at the time the vehicle
is imported.
    Because it is common practice for transit bus bodies to have
seating and other interior modifications made during use for the
purposes of update and repair, it is expected that after many years in
service at least some of the buses eligible for importation under this
decision will not have the same interior configuration, controls and
displays, etc., as the vehicle(s) described in the petition. Therefore,
NHTSA has decided that RIs must also include in each conformity package
specific proof to confirm that the vehicle was originally manufactured
to conform to, or was successfully altered to conform to, each
applicable standard. Any components that differ from the original
equipment installed on the vehicle must be fully described, and if the
presence of that component could impact the vehicle's compliance with
an applicable safety standard, the conformity package must include
reports of testing or inspection sufficient to establish the vehicle's
compliance with that standard with the component installed. This
additional information must also be supplied any time an alteration
that requires replacement of a nonconforming system, such as the
vehicle driver's seat or accelerator control system, differs from that
originally described in the petition.
    In addition to the modifications described in the petition as
needed to conform the vehicle to all applicable FMVSS, NHTSA has
decided that additional or alternative modifications must be performed,
and, for some of those modifications, proof of conformance must be
provided in the conformity package, as set forth below.
    Standard No. 108--Lamps, Reflective Devices and Associated
Equipment: The conformity package must include documentation from the
lighting manufacturer for each lamp mounted on the bus showing that the
lamp has been certified as conforming to FMVSS No. 108 for the purpose
for which the lamp is used. Specific proof that the headlamps meet the
operating voltage requirements of FMVSS No. 108 must also be provided
in the conformity package.
    Standard No. 121--Air Brake Systems: Inspection of each bus to
specifically verify that the critical components listed below (by the
applicable paragraph in FMVSS No. 121) are present, are significantly
similar to those originally installed on the Volvo B7L chassis and
function as required for compliance with FMVSS No. 121. Should any part
not be present, or prevent compliance with the requirements of the
standard as installed, modification of the bus and proof of conformance
after modification must be included with each conformity package.

    S5.1.1--Data related to reservoir volumes necessary to
demonstrate conformance to compressor recharge rate.
    S<IP_ADDRESS>--Check valves to protect against reservoir air loss.
    S<IP_ADDRESS>--Manually operated condensate drain valve for
reservoirs.
    S5.1.4--In-dash pressure gauge.
    S5.1.5--Device that gives a low pressure warning in accordance
with this section.
    S5.1.8(a)--Automatic slack adjusters.
    S<IP_ADDRESS>--In-dash ABS malfunction indicator lamp/check lamp
function.
    S5.6.4--Identification of the method of control operation of the
parking brake control.

    Photographs of all brake system related controls and displays must
also be included in each conformity package.
    Standard No. 124--Accelerator Control Systems: Installation of a
specific accelerator control system to meet the requirements of this
standard was described in the petition. Documentation showing that, as
modified, the vehicle conforms to the standard must be provided in each
conformity package.
    Standard No. 205--Glazing Materials: All glazing replaced to meet
the requirements of FMVSS No. 217 must also meet all applicable
requirements of FMVSS No. 205. In addition, all glazing must be
inspected for compliance with FMVSS No. 205. Any noncompliant glazing
must be replaced with compliant glazing and proof of compliance must be
included in each conformity package.
    Standard No. 217--Bus Emergency Exits and Window Retention and
Release: The petition states that the vehicles must be modified by
installation of an emergency escape hatch and emergency escape windows
in a manner consistent with the requirements of this standard. Test
reports were submitted in an effort to demonstrate that compliance with
the standard can be achieved after these modifications are performed.
Photographs (including images of all required labeling) and bus plan
view drawings showing the location and operation of all exits, must be
provided with each conformity package.
    Standard No. 302--Flammability of Interior Materials: Documentation
showing how the RI has confirmed that all interior components on each
bus conform to all applicable requirements of this standard, including
any test reports not submitted as part of the petition, must be
provided with each conformity package.

Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides
that MY 2000 East Lancashire Coachbuilders Limited Double Decker Tri-
Axle buses (mounted on a Volvo B7L Chassis), that were not originally
manufactured to comply with all applicable FMVSS, are capable of being
altered to conform to all applicable Federal Motor Vehicle Safety
Standards.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final decision must
indicate on the form HS-7 accompanying entry the appropriate vehicle
eligibility number indicating that the vehicle is eligible for entry.
VCP-59 is the vehicle eligibility number assigned to vehicles
admissible under this notice of final decision.

    Authority: 49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8.

    Issued on: July 30, 2015.
John Finneran,
Acting Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-19210 Filed 8-4-15; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33499-33502]
[FR Doc No: 2016-12411]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC16-10-000]

Commission Information Collection Activities (FERC Form 80, FERC-
550, and FERC-549); Consolidated Comment Request; Extension

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of information collections and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the requirements and burden \1\
of the information collections described below.
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    \1\ The Commission defines burden as the total time, effort, or
financial resources expended by persons to generate, maintain,
retain, or disclose or provide information to or for a Federal
agency. For further explanation of what is included in the
information collection burden, reference 5 Code of Federal
Regulations 1320.3.

DATES: Comments on the collections of information are due July 25,
---------------------------------------------------------------------------
2016.

ADDRESSES: You may submit comments (identified by Docket No. IC16-10-
000) by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426. Please reference the specific collection number
and/or title in your comments.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>, and fax at (202)
273-0873.

SUPPLEMENTARY INFORMATION:
    Type of Request: Three-year extension of the information collection
requirements for all collections described below with no changes to the
current reporting requirements. Please note that each collection is
distinct from the next.
    Comments: Comments are invited on: (1) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information will have
practical utility; (2) the accuracy of the agency's estimates of the
burden and cost of the collections of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information collections; and
(4) ways to minimize the burden of the collections of information on
those who are to respond, including the use of automated collection
techniques or other forms of information technology.

FERC Form 80, [Licensed Hydropower Development Recreation Report]

    OMB Control No.: 1902-0106.
    Abstract: FERC uses the information on the FERC Form 80 (also known
as ``FERC-80,'') to implement the statutory provisions of sections
4(a), 10(a), 301(a), 304 and 309 of the Federal Power Act (FPA), 16
U.S.C. 797, 803, 825c & 8254. FERC's authority to collect this
information comes from section 10(a) of the FPA which requires the
Commission to be responsible for ensuring that hydro projects subject
to FERC jurisdiction are consistent with the comprehensive development
of the nation's waterway for recreation and other beneficial public
uses. In the interest of fulfilling these objectives, FERC expects
licensees subject to its jurisdiction to recognize the resources that
are affected by their activities and to play a role in protecting such
resources.
    FERC Form 80 is a report on the use and development of recreational
facilities at hydropower projects licensed by the Commission.
Applications for amendments to licenses and/or changes in land rights
frequently involve changes in resources available for recreation. FERC
utilizes the FERC Form 80 data when analyzing the adequacy of existing
public recreational facilities and when processing and reviewing
proposed amendments to help determine the impact of such changes. In
addition, FERC staff uses the FERC Form 80 data when conducting
inspections of

licensed projects and in evaluating compliance with various license
conditions and in identifying recreational facilities at hydropower
projects.
    The data which FERC Form 80 requires are specified by Title 18 of
the Code of Federal Regulations (CFR) under 18 CFR 8.11 and 141.14 (and
are discussed at http://www.ferc.gov/docs-filing/forms.asp#80).
    FERC collects the FERC Form 80 once every six years. The last
collection was due on April 1, 2015, for data compiled during the 2014
calendar year. The next collection of the FERC Form 80 is due on April
1, 2021, with subsequent collections due every sixth year, for data
compiled during the previous calendar year.
    The Commission updated the format for the general instructions
section of the form for improved readability. Specifically, FERC split
a long paragraph into several smaller paragraphs.
    FERC has attached to this notice the proposed format change to the
general information section. FERC made no changes to the remainder of
the instructions, form, and glossary and did not attach those to this
notice.
    Type of Respondent: Hydropower project licensees.
    Estimate of Annual Burden: The Commission estimates the annual
public reporting burden for the information collection as:
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    \2\ The estimates for cost per response are derived using the
2016 FERC average salary plus benefits of $154,647/year (or $74.50/
hour). Commission staff finds that the work done for this
information collection is typically done by wage categories similar
to those at FERC.
    \3\ This figure is rounded from 66.8.
    \4\ This figure is rounded from $223.50.

                         FERC Form 80: Licensed Hydropower Development Recreation Report
----------------------------------------------------------------------------------------------------------------
                                                                                Total annual
                               Annual  number   Total number    Average burden   burden hours &      Cost per
    Number of respondents       of  responses   of responses      & cost per      total annual    respondent ($)
                               per respondent                    response \2\         cost
(1)                                       (2)     (1)*(2)=(3)  (4)............  (3)*(4)=(5).....         (5)/(1)
----------------------------------------------------------------------------------------------------------------
400..........................           0.167          67 \3\  3 hrs.; $224     201 hrs.;                 $37.44
                                                                \4\.             $14,974.50.
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FERC-550, [Oil Pipelines Rates--Tariffs Filings]

    OMB Control No.: 1902-0089.
    Abstract: FERC-550 is required to implement the sections of the
Interstate Commerce Act (ICA) (49 U.S.C. 1, et seq., 49 App. U.S.C. 1-
85). The Commission's regulatory jurisdiction over oil pipelines
includes:
     Regulation of rates and practices of oil pipeline
companies engaged in interstate transportation;
     establishment of equal service conditions to provide
shippers with equal access to pipeline transportation;
     establishment of reasonable rates for transporting
petroleum and petroleum products by pipeline.

The filing requirements for oil pipeline tariffs and rates \5\ put in
place by the FERC-550 data collection provide the Commission with the
information it needs to analyze proposed tariffs, rates, fares, and
charges of oil pipelines and other carriers in connection with the
transportation of crude oil and petroleum products. The Commission uses
this information to determine whether the proposed tariffs and rates
are just and reasonable.
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    \5\ 18 CFR parts 341-348.
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    Type of Respondent: Oil Pipelines.
    Estimate of Annual Burden: The Commission estimates the annual
public reporting burden \6\ and cost \7\ for the FERC-550 information
collection as follows:
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    \6\ The one-time burden imposed by Order 780 (issued May 16,
2013, in Docket No. RM12-15-000; 78 FR 32090, 5/29/2013) has been
completed and is not included.
    \7\ The cost is based on FERC's 2016 average cost (salary plus
benefits) of $74.50/hour. The Commission staff believes that the
industry's level and skill set is comparable to FERC.
    \8\ The estimates for cost per response are derived using the
FERC 2016 average salary plus benefits of $154,647/year (or $74.50/
hour). Commission staff finds that the work done for this
information collection is typically done by wage categories similar
to those at FERC.

                                                     FERC-550: Oil Pipelines Rates--Tariffs Filings
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Annual  number
                                       Number of     of  responses   Total number   Average burden & cost per  Total annual burden hours     Cost per
                                      respondents   per respondent   of responses          response \8\           & total annual cost     respondent ($)
                                               (1)             (2)     (1)*(2)=(3)  (4)......................  (3)*(4)=(5)..............         (5)/(1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-550..........................             208            3.68             765  7.815 hrs.; $582.22......  5,978 hrs.; $445,396.....       $2,141.33
--------------------------------------------------------------------------------------------------------------------------------------------------------

FERC-549, [NGPA Title III Transactions and NGA Blanket Certificate
Transaction]

    OMB Control No.: 1902-0089.
    Abstract: FERC-549 is required to implement the statutory
provisions governed by Sections 311 and 312 of the Natural Gas Policy
Act (NGPA) (15 U.S.C. 3371-3372) and Section 7 of the Natural Gas Act
(NGA) (15 U.S.C. 717f). The reporting requirements for implementing
these provisions are contained in 18 CFR part 284.

Transportation by Interstate Pipelines

    In 18 CFR 284.102(e) the Commission requires interstate pipelines
to obtain proper certification in order to ship natural gas on behalf
of intrastate pipelines and local distribution companies (LDC). This
certification consists of a letter from the intrastate pipeline or LDC
authorizing the interstate pipeline to ship gas on its behalf. In
addition, interstate pipelines must obtain from its shippers
certifications including sufficient information to verify that their
services qualify under this section.

Rates and Charges for Intrastate Pipelines

    18 CFR 284.123(b) provides that intrastate gas pipeline companies
file for Commission approval of rates for

services performed in the interstate transportation of gas. An
intrastate gas pipeline company may elect to use rates contained in one
of its then effective transportation rate schedules on file with an
appropriate state regulatory agency for intrastate service comparable
to the interstate service or file proposed rates and supporting
information showing the rates are cost based and are fair and
equitable. It is the Commission policy that each pipeline must file at
least every five years to ensure its rates are fair and equitable.
Depending on the business process used, either 60 or 150 days after the
application is filed, the rate is deemed to be fair and equitable
unless the Commission either extends the time for action, institutes a
proceeding or issues an order providing for rates it deems to be fair
and equitable.
    18 CFR 284.123(e) requires that within 30 days of commencement of
new service any intrastate pipeline engaging in the transportation of
gas in interstate commerce must file a statement that includes the
interstate rates and a description of how the pipeline will engage in
the transportation services, including operating conditions. If an
intrastate gas pipeline company changes its operations or rates it must
amend the statement on file with the Commission. Such amendment is to
be filed not later than 30 days after commencement of the change in
operations or change in rate election.

Code of Conduct

    The Commission's regulations at 18 CFR 284.288 and 284.403 provide
that applicable sellers of natural gas adhere to a code of conduct when
making gas sales in order to protect the integrity of the market. As
part of this code, the Commission imposes a record retention
requirement on applicable sellers to ``retain, for a period of five
years, all data and information upon which it billed the prices it
charged for natural gas it sold pursuant to its market based sales
certificate or the prices it reported for use in price indices.'' FERC
uses these records to monitor the jurisdictional transportation
activities and unbundled sales activities of interstate natural gas
pipelines and blanket marketing certificate holders.
    The record retention period of five years is necessary due to the
importance of records related to any investigation of possible
wrongdoing and related to assuring compliance with the codes of conduct
and the integrity of the market. The requirement is necessary to ensure
consistency with the rule prohibiting market manipulation (regulations
adopted in Order No. 670, implementing the EPAct 2005 anti-manipulation
provisions) and the generally applicable five-year statute of
limitations where the Commission seeks civil penalties for violations
of the anti-manipulation rules or other rules, regulations, or orders
to which the price data may be relevant.
    Failure to have this information available would mean the
Commission is unable to perform its regulatory functions and to monitor
and evaluate transactions and operations of interstate pipelines and
blanket marketing certificate holders.

Market-Based Rates for Storage

    In 2006 the Commission amended its regulations to establish
criteria for obtaining market-based rates for storage services offered
under 18 CFR 284.501-505. First, the Commission modified its market-
power analysis to better reflect the competitive alternatives to
storage. Second, pursuant to the Energy Policy Act of 2005, the
Commission promulgated rules to implement section 4(f) of the Natural
Gas Act, to permit underground natural gas storage service providers
that are unable to show that they lack market power to negotiate
market-based rates in circumstances where market-based rates are in the
public interest and necessary to encourage the construction of the
storage capacity in the area needing storage services, and where
customers are adequately protected. These revisions are intended to
facilitate the development of new natural gas storage capacity while
protecting customers.
    Type of Respondent: Gas pipelines.
    Estimate of Annual Burden: The Commission estimates the annual
public reporting burden for the information collection as:
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    \9\ 18 CFR 284.102(e).
    \10\ The average hourly cost (salary plus benefits) is $128.94.
The BLS wage category code is 23-0000. This figure is also taken
from the Bureau of Labor Statistics, May 2015 figures at http://www.bls.gov/oes/current/naics2_22.htm.
    \11\ 284.123(b), (e).
    \12\ The estimates for cost per response are derived using the
following formula:
    Average Burden Hours per Response * $101.69 per Hour = Average
Cost per Response. The hourly average of $101.69 assumes equal time
is spent by an economist and lawyer. The average hourly cost (salary
plus benefits) is: $74.43 for economists (occupation code 19-3011)
and $128.94 for lawyers (occupation code 23-0000). (The figures are
taken from the Bureau of Labor Statistics, May 2015 figures at
http://www.bls.gov/oes/current/naics2_22.htm).
    \13\ 18 CFR 284.288, 403.
    \14\ 18 CFR 284.501-505.

                                      FERC-549: NGPA Title III Transactions and NGA Blanket Certificate Transaction
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Annual  number
                                                    Number of    of  responses  Total number    Average burden &      Total annual burden      Cost per
                                                   respondents        per             of        cost per response     hours & total annual    respondent
                                                                  respondent      responses                                   cost               ($)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           (1)             (2)   (1)*(2)=(3)                   (4)              (3)*(4)=(5)      (5)/(1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Transportation by Interstate Pipelines \9\.......           75               2           150  3 hrs.; \10\ $386.82        450 hrs.; $58,023      $773.64
Rates and Charges for Intrastate Pipelines \11\..           50               1            50     50 hrs.; $5,084.5     2,500 hrs.; $254,225    $5,084.50
                                                                                \12\
Code of Conduct (record-keeping) \13\............          222               1           222   1 hr.; $128.94 \10\     222 hrs.; $28,624.68      $128.94
Market-Based Rates \14\..........................            4               1             4     350 hrs.; $45,129     1,400 hrs.; $180,516      $45,129
                                                                                \10\
                                                  ------------------------------------------------------------------------------------------------------
    TOTAL........................................  ...........  ..............           426  ....................  4,572 hrs.; $521,388.68  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: May 20, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-12411 Filed 5-25-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16355-16356]
[FR Doc No: 2018-07883]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP18-691-000.
    Applicants: Panhandle Eastern Pipe Line Company, LP.
    Description: Sec.  4(d) Rate Filing: Non-Conforming Agreement--2 to
be effective 5/1/2018.
    Filed Date: 4/9/18.
    Accession Number: 20180409-5194.
    Comments Due: 5 p.m. ET 4/23/18.

    Docket Numbers: RP18-692-000.
    Applicants: Panhandle Eastern Pipe Line Company, LP.
    Description: Sec.  4(d) Rate Filing: Non-Conforming List and
Negotiated Rates update to be effective 5/1/2018.
    Filed Date: 4/9/18.
    Accession Number: 20180409-5195.
    Comments Due: 5 p.m. ET 4/23/18.

    Docket Numbers: RP18-693-000.
    Applicants: Golden Triangle Storage, Inc.
    Description: Sec.  4(d) Rate Filing: Revisions to Forms of Service
Agreements for FSS and FWS to be effective 5/11/2018.
    Filed Date: 4/9/18.
    Accession Number: 20180409-5298.
    Comments Due: 5 p.m. ET 4/23/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern

time on the specified comment date. Protests may be considered, but
intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 10, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-07883 Filed 4-13-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Notices]
[Pages 34198-34199]
[FR Doc No: 2015-14529]

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DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics

[Docket ID Number: DOT-OST-2014-0031]

Agency Information Collection; Activity Under OMB Review; Airline
Service Quality Performance--Part 234

AGENCY: Office of the Assistant Secretary for Research and Technology
(OST-R), Bureau of Transportation Statistics (BTS), Department of
Transportation.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, Public
Law 104-13, the Bureau of Transportation Statistics invites the general
public, industry and other governmental parties to comment on the
continuing need for--and usefulness of--DOT requiring large
certificated air carriers to file ``On-Time Flight Performance
Reports'' and ``Mishandled-Baggage Reports'' pursuant to 14 CFR 234.4
and 234.6. These reports are used to monitor the quality of air service
that larger air carriers provide to the flying public. The Federal
Aviation Administration uses the On-Time Flight Performance Reports to
identify problem areas within the air traffic control system.

DATES: Written comments should be submitted by August 14, 2015.

FOR FURTHER INFORMATION CONTACT: Cecelia Robinson, Office of Airline
Information, RTS-42, Room E34-410, OST-R, BTS, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001, Telephone Number<PHONE_NUMBER>, Fax
Number<PHONE_NUMBER> or Email<EMAIL_ADDRESS>    Comments: Comments should identify the associated OMB approval
number 2138-0041 and Docket ID Number DOT-OST-2014-0031. Persons
wishing the Department to acknowledge receipt of their comments must
submit with those comments a self-addressed stamped postcard on which
the following statement is made: Comments on OMB #2138-0041, Docket--
DOT-OST-2014-0031. The postcard will be date/time stamped and returned.

ADDRESSES: You may submit comments by any of the following methods:
    Federal Erulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments.
    Mail: Docket Services: U.S. Department of Transportation, 1200 New
Jersey Avenue SE., West Building Ground Floor, Room W12-140,
Washington, DC 20590-0001.
    Hand Delivery or Courier: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal holidays.
    Fax:<PHONE_NUMBER>.
    Instructions: Identify docket number, DOT-OST-2014-0031, at the
beginning of your comments, and send two copies. To receive
confirmation that DOT received your comments, see instructions above.
Internet users may access all comments received by DOT at http://www.regulations.gov. All comments are posted electronically without
charge or edits, including any personal information provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of DOT's dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477-78) or you may visit http://DocketInfo.dot.gov.
    Docket: For access to the docket, or to read background documents
or comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets.
    Electronic Access: You may access comments received for this notice
at http://www.regulations.gov by searching docket DOT-OST-2014-0031.

SUPPLEMENTARY INFORMATION:
    OMB Approval No. 2138-0041.
    Title: Airline Service Quality Performance Reports--Part 234.
    Form No.: BTS Form 234.
    Type of Review: Renewal of approved collection.
    Respondents: Large certificated air carriers that account for at
least 1 percent of the domestic scheduled-service passenger revenues.
    Number of Respondents: 14.
    Number of Responses: 168.
    Total Burden per Response: 20 hours.
    Total Annual Burden: 3,360 hours.
    Needs and Uses:

Consumer Information

    Part 234 gives air travelers information concerning the on-time
performance history of flights and the rate of mishandled baggage for
each reporting carrier. The reports are filed by the 14 largest
scheduled-service U.S. passenger carriers.
    On July 15, 2011 the Department published a Notice of Proposed
Rulemaking (NPRM) proposing to change the manner in which baggage data
are reported (see 76 FR 41726). The proposed rule would require
carriers to report: (1) The number of mishandled checked bags (as
opposed to the current requirement to report the number of mishandled
baggage reports filed by passengers), (2) the total number of checked
bags (as opposed to the current requirement to report the total number
of enplaned passengers), (3) the number of mishandled wheelchairs and
scooters used by passengers with disabilities that were carried in the
cargo compartment, and (4) the total number of wheelchairs and scooters
used by passengers with disabilities that were carried in the cargo
compartment.
    In the preamble to the Notice, the Department stated that the
change in the matrix to mishandled bags per unit of checked bags would
give consumers more reliable information on the air carriers'
performance regarding the treatment of baggage within their control.
Under the current system, there is no direct relationship between the
number of mishandled bags and the number of checked bags. With the
institution of baggage fees, the number of checked bags at some
carriers has declined by 40 to 50 percent. There has been a
corresponding 40 percent decline (i.e., improvement) in the industry
mishandled baggage rates. The proposed matrix would have a direct
correlation between mishandled baggage and checked baggage.
    A separate breakout of mishandled wheelchairs/scooters would assist
passengers with mobility disabilities in selecting air carriers with
high probabilities of meeting their special needs. There is a gap in
the Department's data regarding the mishandling of wheelchairs and
scooters. The proposed data would provide information to passenger with

disabilities on which air carriers best meet their special needs.

Reducing and Identifying Traffic Delays

    The Federal Aviation Administration uses Part 234 data to pinpoint
and analyze air traffic delays. Wheels-up and wheels-down times are
used in conjunction with departure and arrival times to show the extent
of ground delays. Actual elapsed flight time, wheels-down minus wheels-
up time, is compared to scheduled elapsed flight time to identify
airborne delays. The reporting of aircraft tail number allows the FAA
to track an aircraft through the air network, which enables the FAA to
study the ripple effects of delays at hub airports. The data can be
analyzed for airport design changes, new equipment purchases, the
planning of new runways or airports based on current and projected
airport delays and traffic levels. The identification of the reason for
delays allows the FAA, airport operators, and air carriers to pinpoint
delays under their control.

Administrative Issues

    The Confidential Information Protection and Statistical Efficiency
Act of 2002 (44 U.S.C. 3501) requires a statistical agency to clearly
identify information it collects for non-statistical purposes. BTS
hereby notifies the respondents and the public that BTS uses the
information it collects under this OMB approval for non-statistical
purposes including, but not limited to, publication of both
Respondent's identity and its data, submission of the information to
agencies outside BTS for review, analysis and possible use in
regulatory and other administrative matters.

    Issued in Washington, DC, on June 8, 2015.
Patricia Hu,
Director, Bureau of Transportation Statistics, Office of the Assistant
Secretary for Research and Technology.
[FR Doc. 2015-14529 Filed 6-12-15; 8:45 am]
 BILLING CODE 4910-9X-P


in this submittal, WVDEP affirmed its commitment to complete items
required in the future under EPA's RHR. Specifically, WVDEP made a
commitment to review and revise its regional haze implementation plan
and submit a plan revision to EPA by July 31, 2018, and every 10 years
thereafter. See 40 CFR 51.308(f). In accordance with the requirements
listed in 40 CFR 51.308(g) of EPA's regional haze regulations and 40
CFR 51.306(c) of the RAVI LTS regulations, WVDEP made a commitment to
submit a report to EPA on progress towards the RPGs for each mandatory
Class I area located within West Virginia, and in each mandatory Class
I area located outside West Virginia which may be affected by emissions
from within West Virginia. The progress report is required to be in the
form of a SIP revision and is due every five years following the
initial submittal of the regional haze SIP. Consistent with EPA's
monitoring regulations for RAVI and regional haze, West Virginia will
rely on the IMPROVE network for compliance purposes, in addition to any
RAVI monitoring that may be needed in the future. See 40 CFR 51.305, 40
CFR 51.308(d)(4). Also, the West Virginia NSR rules, previously
approved in the State's SIP, continue to provide a framework for review
and coordination with the FLMs on new sources which may have an adverse
impact on visibility in either form (i.e., RAVI and/or regional haze)
in any Federal Class I Area.

E. Monitoring Strategy and Other Implementation Plan Requirements

    The primary monitoring network for regional haze in West Virginia
is the IMPROVE network. There is currently one IMPROVE site in West
Virginia, which serves as the monitoring site for both the Dolly Sods
Wilderness Area and Otter Creek Wilderness Area.
    IMPROVE monitoring data from 2000-2004 serves as the baseline for
the regional haze program, and is relied upon in the June 18, 2008,
regional haze submittal. In the submittal, West Virginia states its
intention to rely on the IMPROVE network for complying with the
regional haze monitoring requirement in EPA's RHR for the current and
future regional haze implementation periods.
    Data produced by the IMPROVE monitoring network will be used nearly
continuously for preparing the five-year progress reports and the 10-
year SIP revisions, each of which relies on analysis of the preceding
five years of data. The Visibility Information Exchange Web System
(VIEWS) Web site has been maintained by VISTAS and the other RPOs to
provide ready access to the IMPROVE data and data analysis tools. West
Virginia is encouraging VISTAS and the other RPOs to maintain the VIEWS
or a similar data management system to facilitate analysis of the
IMPROVE data.
    In addition to the IMPROVE measurements, there is long-term limited
monitoring by the FLMs, which provides additional insight into the
progress toward the regional haze goals. Such measurements include web
cameras operated by the United States Department of Agriculture Forest
Service at Dolly Sods. West Virginia and the local air agencies in the
State operate a comprehensive PM2.5 network of filter-based
Federal reference method monitors and filter based speciated monitors.

F. Consultation With States and FLMs

1. Consultation With Other States
    In December 2006 and in May 2007, the State Air Directors from the
VISTAS states held formal interstate consultation meetings. The purpose
of the meetings was to discuss the methodology proposed by VISTAS for
identifying sources to evaluate for reasonable progress. The states
invited FLM and EPA representatives to participate and to provide
additional feedback. The Directors discussed the results of analyses
showing contributions to visibility impairment from states to each of
the Class I areas in the VISTAS region.
    WVDEP has evaluated the impact of West Virginia sources on Class I
areas in neighboring states. The state in which a Class I area is
located is responsible for determining which sources, both inside and
outside of that state, to evaluate for reasonable progress controls.
Because many of these states had not yet defined their criteria for
identifying sources to evaluate for reasonable progress, West Virginia
applied its AOI methodology to identify sources in the State that have
emission units with impacts large enough to potentially warrant further
evaluation and analysis. Based on an evaluation of the four reasonable
progress statutory factors, West Virginia determined that there are no
additional control measures for these West Virginia emission units that
would be reasonable to implement to mitigate visibility impacts in
Class I areas in these neighboring states. WVDEP has consulted with
these states regarding its reasonable progress control evaluations
showing no cost-effective controls available for those emission units
in West Virginia contributing at least one percent to visibility
impairment at Class I areas in the states. Additionally, WVDEP sent
letters to the other states in the VISTAS region documenting its
analysis that there are no cost-effective controls available for those
units whose SO2 emission contribute at least one

percent to visibility impairment at Class I areas.
    Regarding the impact of sources outside of the State on Class I
areas in West Virginia, WVDEP sent letters to Maryland pertaining to
the New Page facility located in Luke, Maryland because it contributes
11.81 percent of sulfate at Dolly Sods Wilderness Area with 9.86
percent attributable to two units, one of which is subject to BART. The
Maryland Department of the Environment is still in the process of
evaluating BART and reasonable progress for the New Page facility. Any
controls resulting from these determinations will provide additional
emissions reductions and result in visibility improvement, which gives
further assurances that West Virginia will achieve its RPGs. Therefore,
to be conservative, West Virginia opted not to rely on any additional
emission reductions from sources located outside the State's boundaries
beyond those already identified in the State's regional haze SIP
submittal.
    West Virginia received letters from the MANE-VU RPO States of
Maine, New Jersey, New Hampshire, and Vermont in the spring of 2007,
stating that based on MANE-VU's analysis of 2002 emissions data, West
Virginia contributed to visibility impairment to Class I areas in those
states. The MANE-VU states identified thirteen EGU stacks in West
Virginia that they would like to see controlled to 90 percent
efficiency. They also requested a control strategy to provide a 28
percent reduction in SO2 emissions from sources other than
EGUs that would be equivalent to MANE-VU's proposed low sulfur fuel oil
strategy. All thirteen of the EGU stacks identified by MANE-VU will be
controlled by 2018, and thirteen of the units will be controlled with a
95 percent efficiency, resulting in an additional 73,015 tons of
SO2 reductions beyond those requested by MANE-VU. West
Virginia's non-EGUs are predicted to emit 61,704 tons of SO2
in 2018. MANE-VU's request of 28 percent reduction would be 17,277 tons
of SO2. The additional 91,864 tons of SO2
reductions achieved by the installation and operation of more efficient
controls on EGUs and the shutdown of additional EGUs, will achieve
greater reductions than the 28 percent reduction requested by MANE-VU.
These reductions satisfy MANE-VU's request. EPA finds that West
Virginia has adequately addressed the consultation requirements in the
RHR and appropriately documented its consultation with other states in
its SIP submittal.
2. Consultation With the FLMs
    Through the VISTAS RPO, West Virginia and the nine other member
states worked extensively with the FLMs from the U.S. Departments of
the Interior and Agriculture to develop technical analyses that support
the regional haze SIPs for the VISTAS states. The proposed regional
haze plan for West Virginia was submitted to the FLMs for review on
September 21, 2007. West Virginia received comments from the FLMs on
October 22, 2007. Since the comments were received prior to the start
of the public hearing, the WVDEP was able to incorporate some of the
suggested changes in the public review document. The public comment
period was from October 26, 2007 to November 27, 2007. However, due to
the short time frame not all comments could be addressed prior to the
start of the public comment period, but were addressed in a separate
document titled ``Federal Land Manager Consultation.'' WVDEP reopened
the public comment period for two specific portions of the proposed
SIP. The two specific parts of the Regional Haze SIP were a revised
BART determination and the FLM conclusions/recommendations and DEP
responses. To address the requirement for continuing consultation
procedures with the FLMs under 40 CFR 51.308(i)(4), WVDEP made a
commitment in the SIP to ongoing consultation with the FLMs on regional
haze issues throughout implementation of its plan, including annual
discussions. WVDEP also affirms in the SIP that FLM consultation is
required for those sources subject to the State's NSR regulations.

G. Periodic SIP Revisions and Five-Year Progress Reports

    Consistent with 40 CFR 51.308(g), WVDEP affirmed its commitment to
submitting a progress report in the form of a SIP revision to EPA every
five years following this initial submittal of the West Virginia
regional haze SIP. The report will evaluate the progress made towards
the RPGs for each mandatory Class I area located within West Virginia
and in each mandatory Class I area located outside West Virginia which
may be affected by emissions from within West Virginia. West Virginia
also offered recommendations for several technical improvements that,
as funding allows, can support the State's next LTS.
    If another state's regional haze SIP identifies that West
Virginia's SIP needs to be supplemented or modified, and if, after
appropriate consultation West Virginia agrees, today's action may be
revisited, or additional information and/or changes will be addressed
in the five-year progress report SIP revision.

VI. What action is EPA proposing to take?

    EPA is proposing a limited approval and a limited disapproval of a
revision to the West Virginia SIP submitted by the State of West
Virginia on June 18, 2008, as meeting some of the applicable regional
haze requirements as set forth in sections 169A and 169B of the CAA and
in 40 CFR 51.300-308, as described previously in this action. EPA is
also proposing to find that this revision meets the applicable
visibility related requirements of CAA Section 110(a)(2) including, but
not limited to 110(a)(2)(D)(i)(II) and 110(a)(2)(J), relating to
visibility protection for the 1997 8-Hour Ozone NAAQS and the 1997 and
2006 PM2.5 NAAQS. EPA has determined that once the Regional
Haze Plan submitted by the State of West Virginia is fully approved it
will satisfy the requirements of the CAA. EPA is taking this action
pursuant to those provisions of the CAA. EPA is soliciting public
comments on the issues discussed in this document. These comments will
be considered before taking final action.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''

B. Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., OMB must
approve all ``collections of information'' by EPA. The Act defines
``collection of information'' as a requirement for answers to * * *
identical reporting or recordkeeping requirements imposed on ten or
more persons * * *. 44 U.S.C. 3502(3)(A). The Paperwork Reduction Act
does not apply to this action.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to conduct a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small not-for-profit
enterprises, and small governmental jurisdictions.

    This rule will not have a significant impact on a substantial
number of small entities because SIP approvals under section 110 and
subchapter I, part D of the CAA do not create any new requirements but
simply approve requirements that the State is already imposing.
Therefore, because the Federal SIP approval does not create any new
requirements, I certify that this action will not have a significant
economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under
the CAA, preparation of flexibility analysis would constitute Federal
inquiry into the economic reasonableness of state action. The CAA
forbids EPA to base its actions concerning SIPs on such grounds. Union
Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C.
7410(a)(2).

D. Unfunded Mandates Reform Act

    Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action proposed does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action proposes to
approve pre-existing requirements under State or local law, and imposes
no new requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.

E. Executive Order 13132, Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
    This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, because it
merely approves a state rule implementing a federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the CAA. Thus, the requirements of
section 6 of the Executive Order do not apply to this rule.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This proposed rule does not
have tribal implications, as specified in Executive Order 13175. It
will not have substantial direct effects on tribal governments. Thus,
Executive Order 13175 does not apply to this rule.

G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

    Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.

H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's
limited approval and limited disapproval of the West Virginia Regional
Haze SIP does not require the public to perform activities conducive to
the use of VCS.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen oxides, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

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

    Dated: July 6, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-17664 Filed 7-12-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 17, 2008 (Volume 73, Number 202)]
[Notices]
[Page 61848-61850]
[DOCID:fr17oc08-69]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

October 9, 2008.
    Take notice that the Commission received the following electric
corporate filings:
    Docket Numbers: EC09-2-000.
    Applicants: Black Hills Wyoming, Inc.
    Description: Black Hills Wyoming Inc submits an application for
approval for transaction to sell a 23.5% undivided ownership interest
in an electric generating facility etc.
    Filed Date: 10/06/2008.
    Accession Number: 20081008-0154.
    Comment Date: 5 p.m. Eastern Time on Monday, October 27, 2008.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER01-1071-012; ER06-9-007; ER05-1281-007; ER03-34-
011; ER06-1261-006; ER03-1104-008; ER03-1105-008; ER06-1392-005; ER08-
197-005; ER07-904-003; ER98-3566-017; ER98-4222-013; ER98-2076-015;
ER08-250-002; ER07-174-006.
    Applicants: Badger Windpower, LLC; FPL Energy Burleigh County Wind,
LLC; FPL Energy Duane Arnold, LLC; FPL Energy Hancock County Wind, LLC;
FPL Energy Mower County, LLC; FPL Energy North Dakota Wind, LLC; FPL
Energy North Dakota Wind II, LLC; FPL Energy Oliver Wind, LLC; FPL
Energy Oliver Wind II, LLC; FPL Energy Point Beach, LLC; FPL Energy
Power Marketing, Inc.; Hawkeye Power Partners, LLC; Lake Benton Power
Partners II, LLC; Langdon Wind, LLC; Osceola Windpower, LLC

    Description: Notice of Non-Material Change in Status of Badger
Windpower, LLC et al. under ER01-1071, et al.
    Filed Date: 10/08/2008.
    Accession Number: 20081008-5085.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 29, 2008.

    Docket Numbers: ER06-274-013; EL05-151-004.
    Applicants: Southwestern Public Service Company.
    Description: Southwestern Public Service Company et al. submits an
executed Amendment 1 to Settlement Agreement with Public Service
Company of New Mexico under ER06-274 et al.
    Filed Date: 10/06/2008.
    Accession Number: 20081008-0135.
    Comment Date: 5 p.m. Eastern Time on Monday, October 27, 2008.

    Docket Numbers: ER08-1393-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits revisions to the
Amended and Restated Operating Agreement under ER08-1393.
    Filed Date: 10/08/2008.
    Accession Number: 20081009-0097.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 29, 2008.

    Docket Numbers: ER08-1523-001.
    Applicants: Coburn Energy, LLC.
    Description: Coburn Energy LLC submits a Petition for Acceptance of
Initial Tariff, Waivers and Blanket Authority under ER08-1523.
    Filed Date: 10/08/2008.
    Accession Number: 20081009-0096.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 29, 2008.

    Docket Numbers: ER08-1571-000.
    Applicants: Bridgeport Energy II, LLC.
    Description: Bridgeport Energy II, LLC Motion to Withdraw Filing
under ER08-1571-000.
    Filed Date: 10/09/2008.
    Accession Number: 20081009-5011.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 30, 2008.

    Docket Numbers: ER09-20-000.
    Applicants: Dynegy Marketing and Trade.
    Description: Dynegy Marketing and Trade submits an application for
market-based rate authorization under Section 205 of the Federal Power
Act and request for waivers and blanket authorizations.
    Filed Date: 10/06/2008.
    Accession Number: 20081008-0158.
    Comment Date: 5 p.m. Eastern Time on Monday, October 27, 2008.

    Docket Numbers: ER09-30-000.
    Applicants: Elm Creek Wind, LLC.
    Description: Application of Elm Creek Wind, LLC for order accepting
initial tariff (FERC Electric Tariff, Original Volume 1), waiving
regulations, and granting blanket approvals, including blanket approval
under 18 CFR Part 34 etc.
    Filed Date: 10/06/2008.
    Accession Number: 20081008-0141.
    Comment Date: 5 p.m. Eastern Time on Monday, October 27, 2008.

    Docket Numbers: ER09-31-000.
    Applicants: Farmers City Wind, LLC.
    Description: Application of Farmers City Wind, LLC for order
acceptintg initial tariff, waiving regulations, and granting blanket
approvals etc. under ER09-31.
    Filed Date: 10/06/2008.
    Accession Number: 20081008-0138.
    Comment Date: 5 p.m. Eastern Time on Monday, October 27, 2008.

    Docket Numbers: ER09-33-000.
    Applicants: MidAmerican Energy Company.
    Description: Barton Windpower II, LLC requests acceptance of FERC
Electric Tariff, Original Volume 1.
    Filed Date: 10/06/2008.
    Accession Number: 20081008-0140.
    Comment Date: 5 p.m. Eastern Time on Monday, October 27, 2008.

    Docket Numbers: ER09-37-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc et al. submits their compliance
filing with FERC's Order 890-B under ER09-37.
    Filed Date: 10/06/2008.
    Accession Number: 20081008-0134.
    Comment Date: 5 p.m. Eastern Time on Monday, October 27, 2008.
    Take notice that the Commission received the following open access
transmission tariff filings:
    Docket Numbers: OA07-107-001.
    Applicants: Tucson Electric Power Company.
    Description: Tucson Electric Power Company supplements its
Attachment C Compliance Filing made on 4/23/08 under OA07-107.
    Filed Date: 10/06/2008.
    Accession Number: 20081008-0198.
    Comment Date: 5 p.m. Eastern Time on Monday, October 27, 2008.

    Docket Numbers: OA08-20-001.
    Applicants: Tampa Electric Company.
    Description: Tampa Electric Company submits Second Revised Sheet
116 et al. to FERC Electric Tariff, Third Revised Volume 4 for
inclusion in their open access transmission tariff as directed by the
Commission's 7/9/08 Order under OA08-20.
    Filed Date: 10/07/2008.
    Accession Number: 20081009-0042.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 28, 2008.

    Docket Numbers: OA09-3-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc submits
Sixth Revised Sheet 39 et al. to FERC Electric Tariff, Original Volume
1 in Compliance with FERC's Order 890-B under OA09-3.
    Filed Date: 10/06/2008.
    Accession Number: 20081008-0137.
    Comment Date: 5 p.m. Eastern Time on Monday, October 27, 2008.

    Docket Numbers: OA09-5-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits revisions to its
Open Access Transmission Tariff incorporating specific changes to the
Order 890 pro forma OATT etc. under OA09-5.
    Filed Date: 10/06/2008.
    Accession Number: 20081008-0136.
    Comment Date: 5 p.m. Eastern Time on Monday, October 27, 2008.

    Docket Numbers: OA09-7-000.
    Applicants: Midwest Independent Transmission System.
    Description: Midwest Independent Transmission System Operator
submits their compliance filing revising the non-rate terms and
conditions of their Open Access Transmission and Energy Markets Tariff
pursuant to Order 890-B under OA09-7.
    Filed Date: 10/06/2008.
    Accession Number: 20081008-0132.
    Comment Date: 5 p.m. Eastern Time on Monday, October 27, 2008.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an

eRegistration account using the eRegistration link. Select the eFiling
link to log on and submit the intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8-24636 Filed 10-16-08; 8:45 am]

BILLING CODE 6717-01-P