[Federal Register Volume 75, Number 217 (Wednesday, November 10, 2010)]
[Notices]
[Pages 69063-69064]
[FR Doc No: 2010-28383]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R03-OW-2009-0985; FRL-9224-4]

Extension of the Period for Preparation of the Clean Water Act
Section 404(c) Final Determination and Consultation Concerning the
Spruce No. 1 Mine, Logan County, WV

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On September 24, 2010, the EPA Region III Regional
Administrator signed a Recommended Determination, under Section 404(c)
of the Clean Water Act, recommending withdrawal of the specification
embodied in DA Permit No. 199800436-3 (Section 10: Coal River) of
Pigeonroost Branch and Oldhouse Branch as disposal sites for discharges
of dredged and/or fill material associated with construction of the
Spruce No. 1 Surface Mine in Logan County, West Virginia. The
transmission of the Recommended Determination to

EPA Headquarters initiated a 60-day period for the Assistant
Administrator for the Office of Water to review the recommendation of
the Regional Administrator. As part of this review period, EPA has also
notified the Department of the Army, the State of West Virginia, Arch
Coal, Inc. (the permittee), and the landowners of record as to the
Recommended Determination, and has notified these groups that they have
15 days in which to notify the Assistant Administrator for the Office
of Water of their intent to take corrective action to prevent the
unacceptable adverse impacts to wildlife detailed in the
recommendation.
    In response, attorneys for the permittee have requested a 30-day
extension of this consultation period, to November 29, 2010, in order
to review the Recommended Determination and associated technical
appendices. Provided in 40 CFR 231.8, EPA may, upon showing of good
cause, extend the time requirements in the 404(c) regulations. In this
case, EPA believes it is appropriate to grant the permittee's request
for a 30-day extension to the consultation process. This extension will
provide additional time to evaluate any corrective actions proposed by
the permittee, or other participants in the consultation process
described in 40 CFR 231.6, that would prevent the likely unacceptable
adverse effects described in the Recommended Determination. The
consultation process will therefore expire on November 29, 2010.
    As described above, EPA's 404(c) regulations provide that the
Assistant Administrator for the Office of Water shall issue a Final
Determination within 60 days of receiving the Regional Administrator's
Recommended Determination. This 60-day period is scheduled to expire on
November 23, 2010. EPA may extend this deadline upon a showing of good
cause. EPA believes that good cause exists to extend this deadline in
order to complete the Final Determination by February 22, 2011. This
extension will permit the Office of Water to more closely evaluate
Region III's Recommended Determination and the administrative record,
which includes more than 50,000 public comments. It will also enable
more careful consideration of any new information that arises during
the consultation process undertaken pursuant to 40 CFR 231.6, as
described above. Finally, this date is consistent with an order issued
by the U.S. District Court for the Southern District of West Virginia
on November 2, granting a continued stay in litigation over the Spruce
1 permit until February 22, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. David Evans, Wetlands Division
Director, Office of Wetlands, Oceans, and Watersheds; U.S.
Environmental Protection Agency, Mail Code 4502T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460. Mr. Evans can also be reached via
electronic mail at<EMAIL_ADDRESS>
    Dated: November 4, 2010.
Peter S. Silva,
Assistant Administrator, Office of Water.
[FR Doc. 2010-28383 Filed 11-9-10; 8:45 am]
BILLING CODE 6560-50-P


EO 12866 Interagency comments on Final Rule: Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces (RIN 2060-AU00)

We support sell-throughs for all product categories. Although EPA does discuss some of the reasons that it has declined to adopt sell-throughs, the justifications should be more closely considered. EPA may be approaching this rulemaking as a stand-alone issue, but the interagency commenter believes EPA should be considering the unintended consequences of the 2015 rule and seeking to resolve them.

 Industry has provided anecdotal evidence of stranded inventory and the need for the relief of a sell-through  HPBA and EPA discussed this issue in two-way communications over the last year, including after the comment period. Information provided was anecdotal, based on voluntary responses from individual businesses. It appears that EPA has declined to accept anecdotal evidence. For example, EPA asks about how far in advance manufacturers need to submit their applications in order to avoid disruption.  This question was asked and answered multiple times by EPA staff at the industry trade fair. In fact, it was a bone of contention because manufacturers with compliant stoves were prevented from showcasing them because of delays in the certification process. The trade fair is the primary source of orders from smaller retailers for the coming winter, but larger retailers establish their catalog even earlier. To have product in a catalog for sale in May 2020, certifications needed to be in hand in 2018.
 Industry asserts that EPA's basis for a lack of sell-through in 2015 was wrong, based on an assumption that Step 1 stoves would continue to move through the streams of commerce right up until the last date of manufacture. Industry cites significantly lower revenues than were projected as evidence. The retort that businesses had since 2015 to manage their inventory is an implicit recognition that small businesses did not in fact have five years of sales with which to finance development of step 2 stoves. (EPA notes in the RFC that stranded inventory is not uncommon in the wood heaters industry.  EPA did not acknowledge this fact in the 2015 rule or its RIA.)
 Simple availability of step 2 appliances should not be the touchstone for whether the industry is capable of compliance. First, availability should not be a proxy for reasonable substitute. As EPA notes, step 2 stoves are outnumbered by the number of step 1 stoves. If the range of available step 2 stoves does not match the consumer preferences, then consumers will delay replacement of step 0 or step 1 stoves and the projected health benefits will not accrue.  Second, availability is not the same as market capacity. EPA does not have information sufficient to assume that all prior demand for step 1 appliances can be met with step 2 appliances, again delaying assumed health benefits. Third, availability is a statement about the industry as a whole, not the viability of individual small businesses. As the interagency commenter said in its comments submitted on the proposed rule, small businesses finance development out of current sales, so lower current sales delay development. Overall, that some step 2 appliances are available should not be a justification for ignoring the hardships identified by manufacturers and retailers in the public comments.
 The absence of data on failed Step 2 appliances should not be dispositive. Manufacturers do not submit for testing appliances that will fail just so they can demonstrate that they have failed.
 EPA should update the RIA from the proposed rule to clearly delineate the impacts of this decision.  It should respond to concerns raised in the public comment that reduction in the supply of stoves overall, due to exit from the market, reduced consumer choice, due to fewer step 2 options being available than step 1 stoves, and the higher cost of step 2 stoves will reduce the replacement of step 0 and unregulated stoves.


[Federal Register: November 30, 2010 (Volume 75, Number 229)]
[Rules and Regulations]
[Page 73959]
[DOCID:fr30no10-7]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-1045]
RIN 1625-AA00

Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Navy Pier Southeast Safety
Zone in Chicago Harbor from December 4, 2010 through January 1, 2011.
This action is necessary and intended to ensure safety of life on the
navigable waters of the United States immediately prior to, during, and
immediately after fireworks events. This rule will establish
restrictions upon, and control movement of, vessels in a specified area
immediately prior to, during, and immediately after fireworks events.
During the enforcement period, no person or vessel may enter the safety
zones without permission of the Captain of the Port, Sector Lake
Michigan.

DATES: The regulations in 33 CFR 165.931 will be enforced from 6:15
p.m. on December 4, 2010 to 12:30 a.m. on January 1, 2011.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email BM1 Adam Kraft, Prevention Department, Coast Guard Sector
Lake Michigan, Milwaukee, WI at<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL listed in 33 CFR
165.931 for the following events:
    (1) Navy Pier Fireworks; on December 4, 2010 from 6:15 p.m. through
6:30 p.m.; on December 31, 2010 from 7:45 p.m. through 8:15 p.m.; and
from 11:45 p.m. on December 31, 2010 to 12:30 a.m. on January 1, 2011.
    All vessels must obtain permission from the Captain of the Port,
Sector Lake Michigan, or his or her on-scene representative to enter,
move within or exit the safety zone. Vessels and persons granted
permission to enter the safety zone shall obey all lawful orders or
directions of the Captain of the Port, Sector Lake Michigan, or his or
her on-scene representative. While within a safety zone, all vessels
shall operate at the minimum speed necessary to maintain a safe course.
    This notice is issued under authority of 33 CFR 165.931 and 5
U.S.C. 552 (a). In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with advance
notification of these enforcement periods via broadcast Notice to
Mariners or Local Notice to Mariners. The Captain of the Port, Sector
Lake Michigan, will issue a Broadcast Notice to Mariners notifying the
public when enforcement of the safety zone established by this section
is suspended. If the Captain of the Port, Sector Lake Michigan,
determines that the safety zone need not be enforced for the full
duration stated in this notice, he or she may use a Broadcast Notice to
Mariners to grant general permission to enter the safety zone. The
Captain of the Port, Sector Lake Michigan, or his or her on-scene
representative may be contacted via VHF Channel 16.

    Dated: November 19, 2010.
S.R. Schenk,
Commander, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan,
Acting.
[FR Doc. 2010-30133 Filed 11-29-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Notices]
[Page 20658]
[FR Doc No: 2011-8764]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR11-100-000]

Consumers Energy Company; Notice of Filing

    Take notice that on March 30, 2011, Consumers Energy Company filed
to provide notice of its cancellation of its Terms and Conditions for
Interstate Gas Transportation proposed to be effective March 31, 2011,
as more fully described in the filing.
    Any person desiring to participate in this rate filing 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). 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. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is 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 docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern time on Tuesday April 12, 2011.

    Dated: April 5, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-8764 Filed 4-12-11; 8:45 am]
BILLING CODE 6717-01-P