[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Notices]
[Pages 46949-46950]
[FR Doc No: 2019-19272]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC19-46-000]

Commission Information Collection Activities (FERC-604); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of information collection and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995 (PRA), the Federal Energy Regulatory Commission (Commission
or FERC) is soliciting public comment on the currently approved
requirements and burden of information collection, FERC-604 (Cash
Management Agreements).

DATES: Comments on the collections of information are due November 5,
2019.

ADDRESSES: You may submit comments (identified by Docket No. IC19-46-
000) by either of the following methods:
     eFiling at Commission's Website: 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.
    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:
    Title: FERC-604 (Cash Management Agreements).
    OMB Control No.: 1902-0267.
    Type of Request: Three-year extension of the FERC-604 with no
changes to the current reporting requirements.
    Abstract: Cash management or ``money pool'' programs typically
concentrate affiliates' cash assets in joint accounts for the purpose
of providing financial flexibility and lowering the cost of borrowing.
In a 2001 investigation, FERC staff found that balances in cash
management programs affecting FERC-regulated entities totaled
approximately $16 billion. Additionally, other investigations revealed
large transfers of funds amounting to more than $1 billion) between
regulated pipeline affiliates and non-regulated parents whose financial
conditions were precarious. The Commission found that these and other
fund transfers and the enormous (mostly unregulated) pools of money in
cash management programs could detrimentally affect regulated rates.
    To protect customers and promote transparency, the Commission
issued Order 634-A (2003) requiring entities to formalize in writing
and file with the Commission their cash management agreements. At that
time, the Commission obtained OMB clearance for this new reporting
requirement under the FERC-555 information collection (OMB Control No.
1902-0098). Now, the Commission includes these reporting requirements
for cash management agreements under the FERC-604 information
collection (OMB Control No. 1902-0267). The Commission implemented
these reporting requirements in 18 CFR parts 141.500, 260.400, and
357.5.
    Type of Respondents: Public utilities, natural gas companies, and
oil pipeline companies.
    Estimate of Annual Burden.1 The Commission estimates the
annual public reporting burden for the information collection as:
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    \1\ Burden is defined 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. See 5
CFR 1320 for additional information on the definition of information
collection burden.
    \2\ The Commission staff estimates that industry is similarly
situated in terms of hourly cost (for wages plus benefits). Based on
the Commission's FY (Fiscal Year) 2019 average cost $167,091 (for
wages plus benefits), $80.00/hour is used.

                                                          FERC-604, Cash Management Agreements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Number of
     Number of respondents       responses per   Total number of    Average burden hours & average  Total annual burden hours & total       Cost per
                                  respondent        responses         cost \2\ per response ($)              annual cost ($)             respondent ($)
(1)                                        (2)    (1) * (2) = (3)  (4)............................  (3) * (4) = (5)..................    (5) / (1) = (6)
--------------------------------------------------------------------------------------------------------------------------------------------------------
35............................               1                 35  1.5 hours; $120.00.............  52.5 hours; $4,200.00............            $120.00
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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.

    Dated: August 30, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-19272 Filed 9-5-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Notices]
[Page 63943]
[FR Doc No: 2018-26912]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84750; File No. SR-CboeBZX-2018-078]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To List and Trade Shares of the WisdomTree Long-Term Treasury
PutWrite Strategy Fund, WisdomTree Corporate Bond PutWrite Strategy
Fund, WisdomTree International PutWrite Strategy Fund, and WisdomTree
Emerging Markets PutWrite Strategy Fund Under Rule 14.11(i), Managed
Fund Shares

December 7, 2018.
    On October 9, 2018, Cboe BZX Exchange, Inc. (``Exchange'' or
``BZX'') 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 list and trade shares the WisdomTree Long-Term
Treasury PutWrite Strategy Fund, WisdomTree Corporate Bond PutWrite
Strategy Fund, WisdomTree International PutWrite Strategy Fund, and
WisdomTree Emerging Markets PutWrite Strategy Fund, each a series of
the WisdomTree Trust, pursuant to BZX Rule 14.11(i), which governs the
listing and trading of Managed Fund Shares on the Exchange. The
proposed rule change was published for comment in the Federal Register
on October 25, 2018.\3\ On December 3, 2018, the Exchange filed
Amendment No. 1 to the proposed rule change. The Commission has
received no comment letters on the proposed rule change.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 84456 (October 19,
2018), 83 FR 53928.
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    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is December 9, 2018. The Commission is extending this 45-day time
period.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposal so that it has
sufficient time to consider the proposed rule change in light of the
recently filed Amendment No. 1. Accordingly, the Commission, pursuant
to Section 19(b)(2) of the Act,\5\ designates January 23, 2019, as the
date by which the Commission shall either approve or disapprove, or
institute proceedings to determine whether to disapprove, the proposed
rule change (File No. SR-CboeBZX-2018-078), as modified by Amendment
No. 1.
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    \5\ Id.

    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)(31).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-26912 Filed 12-11-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Rules and Regulations]
[Pages 76865-76868]
[FR Doc No: 2015-30920]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2015-0298; FRL-9939-66-Region 4]

Air Plan Approval and Air Quality Designation; SC; Redesignation
of the Charlotte-Rock Hill, 2008 8-Hour Ozone Nonattainment Area to
Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking three
separate final actions related to a state implementation plan (SIP)
revision submitted by the State of South Carolina, through the South
Carolina Department of Health and Environmental Control (SC DHEC), on
April 17, 2015. These final actions are for the York County, South
Carolina portion of the bi-state Charlotte-Rock Hill, North Carolina-
South Carolina 2008 8-hour ozone national ambient air quality standards
(NAAQS) nonattainment area (the entire area is hereinafter referred to
as the ``bi-State Charlotte Area'' or ``Area'' and the South Carolina
portion is hereinafter referred to as the ``York County Area''). In
these three final actions, EPA determines that the bi-state Charlotte
Area is continuing to attain the 2008 8-hour ozone NAAQS; approves and
incorporates South Carolina's plan for maintaining attainment of the
2008 8-hour ozone standard in the York County Area, including the 2014
and 2026 motor vehicle emission budgets (MVEBs) for nitrogen oxides
(NOX) and volatile organic compounds (VOC) for the York
County Area, into the SIP; and redesignates the York County Area to
attainment for the 2008 8-hour ozone NAAQS. Additionally, EPA finds the
2014 and 2026 MVEBs for the York County Area adequate for the purposes
of transportation conformity.

DATES: This rule will be effective January 11, 2016.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0298. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information 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 through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mrs. Sheckler may be reached by phone at<PHONE_NUMBER> or
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background for Final Actions

    On May 21, 2012 (77 FR 30088), EPA designated areas as
unclassifiable/attainment or nonattainment for the 2008 8-hour ozone
NAAQS that was promulgated on March 27, 2008 (73 FR

16436). The bi-state Charlotte Area was designated as nonattainment for
the 2008 8-hour ozone NAAQS and classified as a marginal nonattainment
area. The bi-state Charlotte Area consists of York County, South
Carolina, within the Rock Hill Fort Hill Area Transportation Study
(RFATS) Metropolitan Planning Organization (MPO); Mecklenburg County,
North Carolina; and portions of Cabarrus, Gaston, Iredell, Lincoln,
Rowan and Union Counties in North Carolina. EPA previously addressed
North Carolina's request to redesignate the North Carolina portion of
the Area and its maintenance plan for the 2008 8-hour ozone NAAQS in a
separate rulemaking. See 80 FR 44873 (July 28, 2015).
    On April 17, 2015, SC DHEC requested that EPA redesignate the South
Carolina portion of the Area to attainment for the 2008 8-hour ozone
NAAQS and submitted a SIP revision containing the State's plan for
maintaining attainment of the 2008 8-hour ozone standard in the Area,
including the 2014 and 2026 MVEBs for NOX and VOC for the
York County Area. In a notice of proposed rulemaking (NPR) published on
October 14, 2015, EPA proposed to determine that the bi-state Charlotte
Area is continuing to attain the 2008 8-hour ozone NAAQS; to approve
and incorporate into the South Carolina SIP the State's plan for
maintaining attainment of the 2008 8-hour ozone standard in the Area,
including the 2014 and 2026 MVEBs for NOX and VOC for the
South Carolina potion of the bi-state Charlotte Area; and to
redesignate the South Carolina portion of the Area to attainment for
the 2008 8-hour ozone NAAQS. See 80 FR 61775. In that notice, EPA also
notified the public of the status of the Agency's adequacy
determination for the NOX and VOC MVEBs for the South
Carolina portion of the bi-state Charlotte Area. No comments were
received. The details of South Carolina's submittal and the rationale
for EPA's actions are further explained in the NPR. See 80 FR 61775
(October 14, 2015).

II. What are the effects of these actions?

    Approval of South Carolina's redesignation request changes the
legal designation of York County in the South Carolina portion of the
bi-state Charlotte Area, found at 40 CFR 81.341, from nonattainment to
attainment for the 2008 8-hour ozone NAAQS. Approval of South
Carolina's associated SIP revision also incorporates a plan into the
SIP for maintaining the 2008 8-hour ozone NAAQS in the York County Area
through 2026. The maintenance plan establishes NOX and VOC
MVEBs for 2014 and 2026 for the York County Area and includes
contingency measures to remedy any future violations of the 2008 8-hour
ozone NAAQS and procedures for evaluation of potential violations. The
MVEBs, in kilograms per day (kg/day) for the South Carolina portion of
the bi-state Charlotte Area along with the allocations from the safety
margin, are provided in the table below.\1\
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    \1\ South Carolina has chosen to allocate a portion of the
available safety margin to the NOX and VOC MVEBs for
2026. SC DEHC has allocated 7.63 tons per day (tpd) (6,922 kg/day)
to the 2026 NOX MVEB and 1.52 tpd (1,379 kg/day) to the
2026 VOC MVEB.

                                             York County Area MVEBs
                                                    [kg/day]
----------------------------------------------------------------------------------------------------------------
                                                               2014                            2026
                                                 ---------------------------------------------------------------
                                                        NOX             VOC             NOX             VOC
----------------------------------------------------------------------------------------------------------------
Base Emissions..................................           9,112           3,566           3,076           1,576
Safety Margin Allocated to MVEB.................  ..............  ..............           6,922           1,379
Conformity MVEB.................................           9,112           3,566           9,998           2,955
----------------------------------------------------------------------------------------------------------------

III. Final Actions

    EPA is taking three separate final actions regarding the York
County Area's redesignation to attainment and maintenance of the 2008
8-hour ozone NAAQS. First, EPA is determining that the bi-state
Charlotte Area is continuing to attain the 2008 8-hour ozone NAAQS.
    Second, EPA is approving and incorporating the maintenance plan for
the York County Area, including the NOX and VOC MVEBs for
2014 and 2026, into the South Carolina SIP. The maintenance plan
demonstrates that the Area will continue to maintain the 2008 8-hour
ozone NAAQS, and the budgets meet all of the adequacy criteria
contained in 40 CFR 93.118(e)(4) and (5).
    Third, EPA is determining that South Carolina has met the criteria
under CAA section 107(d)(3)(E) for the York County Area for
redesignation from nonattainment to attainment for the 2008 8-hour
ozone NAAQS. On this basis, EPA is approving South Carolina's
redesignation request for the 2008 8-hour ozone NAAQS for the York
County Area. As mentioned above, approval of the redesignation request
changes the official designation of York County in the South Carolina
portion of the bi-state Charlotte Area for the 2008 8-hour ozone NAAQS
from nonattainment to attainment, as found at 40 CFR part 81.
    EPA is also notifying the public that EPA finds the newly-
established NOX and VOC MVEBs for the York County Area
adequate for the purpose of transportation conformity. Within 24 months
from this final rule, the transportation partners will need to
demonstrate conformity to the new NOX and VOC MVEBs pursuant
to 40 CFR 93.104(e)(3).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA or Act), redesignation of an area to
attainment and the accompanying approval of the maintenance plan under
CAA section 107(d)(3)(E) are actions that affect the status of
geographical area and do not impose any additional regulatory
requirements on sources beyond those required by state law. A
redesignation to attainment does not in and of itself impose any new
requirements, but rather results in the application of requirements
contained in the CAA for areas that have been redesignated to
attainment. Moreover, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 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, these
actions merely approve state law as meeting Federal requirements and do
not impose additional requirements beyond those imposed by state or
Federal law. For these reasons, these actions:

     Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);
     do 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);
     do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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
     will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
    In addition, this action for the state of South Carolina does not
have Tribal implications as specified by Executive Order 13175 (65 FR
67249, November 9, 2000). The Catawba Indian Nation Reservation is
located within the State of South Carolina. Pursuant to the Catawba
Indian Claims Settlement Act, S.C. Code Ann. 27-16-120, ``all state and
local environmental laws and regulations apply to the [Catawba Indian
Nation] and Reservation and are fully enforceable by all relevant state
and local agencies and authorities.'' However, because no tribal lands
are located within the South Carolina portion of the Area, this action
is not approving any specific state requirement into the SIP that would
apply to Tribal lands. Therefore, EPA has determined that this rule
does not have substantial direct effects on an Indian Tribe. EPA notes
today's action will not impose substantial direct costs on Tribal
governments or preempt Tribal law.
    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).
    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 February 9, 2016. 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. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: November 25, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR parts 52 and 81 are 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 PP--South Carolina

0
2. Section 52.2120(e) is amended by adding a new entry for ``2008 8-
hour ozone Maintenance Plan for the York County, South Carolina portion
of the bi-state Charlotte Area'' at the end of the table to read as
follows:

Sec.  52.2120  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved South Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                         State effective
               Provision                       date            EPA Approval date              Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2008 8-hour ozone Maintenance Plan for        4/17/2015   12/11/2015 [Insert          ..........................
 the York County, South Carolina                           citation of publication].
 portion of the bi-state Charlotte Area.
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. In Sec.  81.341, the table entitled ``South Carolina-2008 8-Hour
Ozone NAAQS (Primary and secondary)'' is amended by revising the
entries for ``Charlotte-Rock Hill, NC-SC'', ``York County (part)'' and
``Portion along MPO lines'' to read as follows:

Sec.  81.341  South Carolina.

* * * * *

                                     South Carolina--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                Designation                           Classification
         Designated area         -------------------------------------------------------------------------------
                                       Date \1\              Type              Date \1\              Type
----------------------------------------------------------------------------------------------------------------
Charlotte-Rock Hill, NC-SC: \2\.  This action is      Attainment........
                                   effective 12/11/
                                   2015.
    York County (part) Portion
     along MPO lines.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
\3\ Includes Indian country of the tribe listed in this table located in the identified area. Information
  pertaining to areas of Indian country in this table is intended for CAA planning purposes only and is not an
  EPA determination of Indian country status or any Indian country boundary. EPA lacks the authority to
  establish Indian country land status, and is making no determination of Indian country boundaries, in this
  table.
\4\ Includes any Indian country in each county or area, unless otherwise specified.

* * * * *
[FR Doc. 2015-30920 Filed 12-10-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Notices]
[Pages 70717-70719]
[FR Doc No: 2011-29400]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP11-549-000]

 DCP Midstream, LP; Notice of Intent To Prepare an Environmental
Assessment for the Proposed LaSalle Pipeline Project and Request for
Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the LaSalle Pipeline Project
involving construction and operation of facilities by DCP Midstream, LP
(DCP) in Weld County, Colorado. This EA will be used by the Commission
in its decision-making process to determine whether the project is in
the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies on the project. Your input will help the Commission staff
determine what issues need to be evaluated in the EA. Please note that
the scoping period will close on December 8, 2011.
    Comments may be submitted in written form. Further details on how
to submit written comments are provided in the Public Participation
section of this notice.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives are asked to notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the proposed facilities.
The company would seek to negotiate a mutually acceptable agreement.
However, if the project is approved by the Commission, that approval
conveys with it the right of eminent domain. Therefore, if easement
negotiations fail to produce an agreement, the pipeline company could
initiate condemnation proceedings where compensation would be
determined in accordance with state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' was attached to the
project notice DCP provided to landowners. This fact sheet addresses a
number of typically-asked questions, including the use of eminent
domain and how to participate in the Commission's proceedings. It is
also available for viewing on the FERC Web site (http://www.ferc.gov).

Summary of the Proposed Project

    DCP proposes to construct and operate approximately 11.3 miles of
12.75-inch-diameter natural gas pipeline in Weld County, Colorado. The
LaSalle Pipeline Project (Project) would provide about 230 million
standard cubic feet of natural gas per day to the markets in Colorado
and neighboring areas. According to DCP, its project would reduce the
strain and continue servicing the needs of several exploration and
production companies in providing needed infrastructure to gather,
process, and distribute new natural gas supplies.
    The Project would consist of the following facilities:
     approximately 11.3 miles of 12.75-inch-diameter natural
gas pipeline;
     one pig \1\ launcher and receiver; and
---------------------------------------------------------------------------

    \1\ A ``pig'' is a tool that is inserted into and moves through
the pipeline, and is used for cleaning the pipeline, internal
inspections, or other purposes.
---------------------------------------------------------------------------

     one block valve;

    The general location of the project facilities is shown in appendix
1.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of appendices were sent to
all those receiving this notice in the mail and are available at
http://www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the last page of this notice.
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Land Requirements for Construction

    Construction of the proposed facilities would disturb about 106.67
acres of land for the aboveground facilities and the pipeline.
Following construction, about 0.35 acre would be maintained for
permanent operation of the Project's facilities; the remaining acreage
would be restored and allowed to revert to former uses. The proposed
Project route would share a 50-foot-wide permanent easement with a
newly constructed non-jurisdictional gathering pipeline, located
approximately 10 feet south of the proposed Project alignment.
Locations for contractor and/or pipe yards have yet to be identified.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and

Necessity. NEPA also requires us \3\ to discover and address concerns
the public may have about proposals. This process is referred to as
``scoping.'' The main goal of the scoping process is to focus the
analysis in the EA on the important environmental issues. By this
notice, the Commission requests public comments on the scope of the
issues to address in the EA. All comments received will be considered
during the preparation of the EA.
---------------------------------------------------------------------------

    \3\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the Commission's Office of Energy Projects.
---------------------------------------------------------------------------

    In the EA we will discuss impacts that could occur as a result of
the construction and operation of the proposed project under these
general headings:
     geology and soils;
     land use;
     socioeconomics;
     water resources, fisheries, and wetlands;
     cultural resources;
     vegetation and wildlife;
     air quality and noise;
     endangered and threatened species; and
     public safety.
    We will also evaluate reasonable alternatives to the proposed
project or portions of the project, and make recommendations on how to
lessen or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be presented in the EA.
The EA will be placed in the public record and, depending on the
comments received during the scoping process, may be published and
distributed to the public. A comment period will be allotted if the EA
is published for review. We will consider all comments on the EA before
we make our recommendations to the Commission. To ensure your comments
are considered, please carefully follow the instructions in the Public
Participation section beginning below.
    With this notice, we are asking agencies with jurisdiction and/or
special expertise with respect to environmental issues to formally
cooperate with us in the preparation of the EA. These agencies may
choose to participate once they have evaluated the proposal relative to
their responsibilities. Agencies that would like to request cooperating
agency status should follow the instructions for filing comments
provided under the Public Participation section of this notice.

Consultations Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, we are using this notice to initiate consultation
with applicable State Historic Preservation Office (SHPO), and to
solicit their views and those of other government agencies, interested
Indian tribes, and the public on the project's potential effects on
historic properties.\4\ We will define the project-specific Area of
Potential Effects (APE) in consultation with the SHPO as the project is
further developed. On natural gas facility projects, the APE at a
minimum encompasses all areas subject to ground disturbance (examples
include construction right-of-way, contractor/pipe storage yards,
compressor stations, and access roads). Our EA for this project will
document our findings on the impacts on historic properties and
summarize the status of consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Historic
properties are defined in those regulations as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. Your comments should focus on
the potential environmental effects, reasonable alternatives, and
measures to avoid or lessen environmental impacts. The more specific
your comments, the more useful they will be. To ensure that your
comments are timely and properly recorded, please send your comments so
that they will be received in Washington, DC on or before December 8,
2011
    For your convenience, there are three methods which you can use to
submit your comments to the Commission. In all instances please
reference the project docket number (CP11-549-000) with your
submission. The Commission encourages electronic filing of comments and
has expert eFiling staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the eComment
feature, which is located on the Commission's Web site at http://www.ferc.gov under the link to Documents and Filings. An eComment is an
easy method for interested persons to submit brief, text-only comments
on a project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Web site at http://www.ferc.gov under the link to Documents and Filings. With eFiling, you
can provide comments in a variety of formats by attaching them as a
file with your submission. New eFiling users must first create an
account by clicking on ``eRegister.'' You will be asked to select the
type of filing you are making. A comment on a particular project is
considered a ``Comment on a Filing''; or
    (3) You may file a paper copy of your comments at the following
address: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. We will update the environmental mailing list
as the analysis proceeds to ensure that we send the information related
to this environmental review to all individuals, organizations, and
government entities interested in and/or potentially affected by the
proposed project.
    If the EA is published for distribution, copies will be sent to the
environmental mailing list for public review and comment. If you would
prefer to receive a paper copy of the document instead of the CD
version or would like to remove your name from the mailing list, please
return the attached Information Request (appendix 2).

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an ``intervenor'' which is an official party to the
Commission's proceeding. Intervenors play a more formal role in the
process and are able to file briefs, appear at hearings, and be heard
by the courts if they choose to appeal the Commission's final ruling.
An intervenor formally participates in the proceeding by filing a
request to intervene. Instructions for becoming an

intervenor are included in the User's Guide under the ``e-filing'' link
on the Commission's Web site.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site at http://www.ferc.gov using the ``eLibrary'' link. Click
on the eLibrary link, click on ``General Search'' and enter the docket
number, excluding the last three digits in the Docket Number field
(i.e., CP11-549). Be sure you have selected an appropriate date range.
For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.
    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: November 8, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-29400 Filed 11-14-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Notices]
[Pages 62580-62582]
[FR Doc No: 2018-26290]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-E-2801]

Determination of Regulatory Review Period for Purposes of Patent
Extension; ASPIRE ASSIST

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for ASPIRE ASSIST and is
publishing this notice of that determination as required by law. FDA
has made the determination because of the submission of an application
to the Director of the U.S. Patent and Trademark Office (USPTO),
Department of Commerce, for the extension of a patent which claims that
medical device.

DATES: Anyone with knowledge that any of the dates as published (see
the SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by
February 4, 2019. Furthermore, any interested person may petition FDA
for a determination regarding whether the applicant for extension acted
with due diligence during the regulatory review period by June 3, 2019.
See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before February 4, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of June 3, 2019. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and

identified, as confidential, if submitted as detailed in
``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2017-E-2801 for ``Determination of Regulatory Review Period for
Purposes of Patent Extension; ASPIRE ASSIST.'' Received comments, those
filed in a timely manner (see ADDRESSES), will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with Sec.  10.20 (21 CFR 10.20) and
other applicable disclosure law. For more information about FDA's
posting of comments to public dockets, see 80 FR 56469, September 18,
2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: a
testing phase and an approval phase. For medical devices, the testing
phase begins with a clinical investigation of the device and runs until
the approval phase begins. The approval phase starts with the initial
submission of an application to market the device and continues until
permission to market the device is granted. Although only a portion of
a regulatory review period may count toward the actual amount of
extension that the Director of USPTO may award (half the testing phase
must be subtracted as well as any time that may have occurred before
the patent was issued), FDA's determination of the length of a
regulatory review period for a medical device will include all of the
testing phase and approval phase as specified in 35 U.S.C.
156(g)(3)(B).
    FDA has approved for marketing the medical device ASPIRE ASSIST.
ASPIRE ASSIST is indicated for use in adults aged 22 or older with a
body mass index (BMI) of 35.0-55.0 kg/m2 who have failed to achieve and
maintain weight loss with non-surgical weight loss therapy. The ASPIRE
ASSIST is intended for a long-term duration of use in conjunction with
lifestyle therapy and continuous medical monitoring. Subsequent to this
approval, the USPTO received a patent term restoration application for
ASPIRE ASSIST (U.S. Patent No. 9,039,677) from Aspire Bariatrics, Inc.,
and the USPTO requested FDA's assistance in determining this patent's
eligibility for patent term restoration. In a letter dated October 16,
2017, FDA advised the USPTO that this medical device had undergone a
regulatory review period and that the approval of ASPIRE ASSIST
represented the first permitted commercial marketing or use of the
product. Thereafter, the USPTO requested that FDA determine the
product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
ASPIRE ASSIST is 2,785 days. Of this time, 2,444 days occurred during
the testing phase of the regulatory review period, while 341 days
occurred during the approval phase. These periods of time were derived
from the following dates:
    1. The date an exemption under section 520(g) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 360j(g)) involving this
device became effective: October 31, 2008. The applicant claims that
the investigational device exemption (IDE) required under section
520(g) of the FD&C Act for human tests to begin became effective on May
16, 2012. However, FDA records indicate that the IDE was determined
substantially complete for clinical studies to have begun on October
31, 2008, which represents the IDE effective date.
    2. The date an application was initially submitted with respect to
the device under section 515 of the FD&C Act (21 U.S.C. 360e): July 10,
2015. The applicant claims July 7, 2015, as the date the premarket
approval application (PMA) for ASPIRE ASSIST (PMA P150024) was
initially submitted. However, FDA records indicate that PMA P150024 was
submitted on July 10, 2015.
    3. The date the application was approved: June 14, 2016. FDA has
verified the applicant's claim that PMA P150024 was approved on June
14, 2016.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its application for patent extension,
this applicant seeks 385 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of

Sec.  60.30, including but not limited to: Must be timely (see DATES),
must be filed in accordance with Sec.  10.20, must contain sufficient
facts to merit an FDA investigation, and must certify that a true and
complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: November 28, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-26290 Filed 12-3-18; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Notices]
[Pages 54648-54649]
[FR Doc No: 2012-21836]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Seventh Meeting: RTCA NextGen Advisory Committee (NAC)

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).

ACTION: Meeting Notice of RTCA NextGen Advisory Committee (NAC).

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

SUMMARY: The FAA is issuing this notice to advise the public of the
seventh meeting of the RTCA NextGen Advisory Committee (NAC).

DATES: The meeting will be held October 4, 2012, from 9 a.m.-3 p.m.

ADDRESSES: The meeting will be held at the secured facilities at the
United States Air Force (USAF), Wright-Patterson Air Force Base,
Dayton, OH, 45433.

FOR FURTHER INFORMATION CONTACT: The RTCA Secretariat, Andy Cebula,
1150 18th Street NW., Suite 910, Washington, DC, 20036, or by telephone
at<PHONE_NUMBER>/(202) 833-9339, fax at<PHONE_NUMBER>, or Web site at
http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is
hereby given for a meeting of the NextGen Advisory Committee Meeting.
The agenda will include the following:

October, 4, 2012

Special Facility Access Instructions

    The meeting is being held at the secured facilities of the United
States Air Force (USAF),
    Wright-Patterson AFB, OH. All members of the public are required to
register in advance by contacting HQ Air Force Operations NextGen Lead
Service Office via email at<EMAIL_ADDRESS>not later than
September 28, 2012 and provide the following:

 U.S. Citizens without current/valid DoD-issued Identification
in their possession must provide the following information:
     Last name, First name (as it appears on your State Issued
Drivers' License or ID)
     State-issued drivers' license/State-issued ID Card Number
and State of Issuance
     Company
     Phone number contact

 Non-U.S. Citizens must provide the following information:
     Full Name as it appears on Passport
     Country of Citizenship
     Birthdate and Place of Birth (city and country)
     Passport and Visa Numbers, I-94 Stamp and Expiration Date
     Employer and Address--Identify whether U.S. or foreign
owned
     Phone number contact

    Note: Attendees must arrive no later than 1 hour prior to the
start of the meeting for identification and security screening at
Wright-Patterson AFB, Gate 19B.

Agenda

 Opening of Meeting--Chairman Dave Barger, President and CEO
JetBlue Airways
 Welcome and Facility Overview--Major General James Jones, NAC
Meeting Host
 Official Statement of Designated Federal Official--The
Honorable Michael Huerta, FAA Acting Administrator.
 Review and Approval of May 24, 2012 Meeting Summary
 Chairman's Report--Chairman Barger
 FAA Report--Mr. Huerta
 Review and Approve Recommendation for Submission to FAA
NextGen Implementation Metrics--a recommendation for:
     Executive-level set of metrics that capture an overall
status of NextGen Implementation
     Key City Pairs that can be used for NextGen Metrics
 Data Sources for Measuring NextGen Fuel Impact
     A discussion of a preliminary report on a critical data
source to track and analyze the impact of NextGen
 Non-Technical Barriers to NextGen Implementation
     Open discussion of issues that will affect the FAA Tasking
on Implementing Metroplex capabilities
 Environmental Issues Impacting NextGen Implementation
     A background briefing by FAA Environmental Office on the
Environmental review process for NextGen capabilities and the impacts
on this process by the ``FAA Modernization and Reform Act of 2012,''
followed by an open discussion by the Committee.
 Anticipated Issues for NAC consideration and action at the
next meeting, February 2013
 Other business
 Adjourn

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

     Issued in Washington, DC, on August 28, 2012.
David Sicard,
Manager, Business Operations Group, Federal Aviation Administration.
[FR Doc. 2012-21836 Filed 9-4-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Proposed Rules]
[Pages 51167-51170]
[FR Doc No: 2015-20747]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0440; FRL-9932-88-Region 4]

Air Plan Approval; North Carolina; Conflict of Interest
Infrastructure Requirements

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the North Carolina State Implementation Plan
(SIP), submitted by the North Carolina Department of Environment and
Natural Resources, Division of Air Quality (DAQ), on February 5, 2013,
and supplemented on July 27, 2015. The submissions pertain to conflict
of interest requirements of the Clean Air Act (CAA or Act) and were
submitted to satisfy the infrastructure SIP sub-element related to the
State board for the 2010 Nitrogen Dioxide (NO2) National
Ambient Air Quality Standards (NAAQS), 2010 Sulfur Dioxide
(SO2) NAAQS, 2008 8-hour Ozone NAAQS and 2008 Lead NAAQS.
The CAA requires that each state adopt and submit a SIP for the
implementation, maintenance, and enforcement of each NAAQS promulgated
by EPA, commonly referred to as an ``infrastructure'' SIP, which
includes conflict of interest requirements. EPA is proposing to approve
the portions of North Carolina's 2010 NO2 infrastructure
SIP, 2010 SO2 infrastructure SIP, 2008 8-hour ozone
infrastructure SIP, and 2008 Lead infrastructure SIP as meeting these
State board requirements. EPA is also proposing to convert conditional
approvals related to the State board for the 1997 8-hour ozone NAAQS,
and the 1997 Annual Fine Particulate Matter (PM2.5) and 2006
24-hour PM2.5 NAAQS to full approval under the CAA. EPA
notes that all other applicable North Carolina infrastructure SIP
elements for the above listed NAAQS have been or will be addressed in
separate rulemakings.

DATES: Written comments must be received on or before September 23,
2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0440, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2015-0440'' Air Regulatory Management
Section, Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2015-0440''. 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 through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. 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. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information may not be 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 at the Air Regulatory Management
Section, Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA
requests that if at all possible, you contact the person listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. The telephone number is<PHONE_NUMBER>. Mr. Lakeman can be
reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    By statute, SIPs meeting the requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by states within three years after
promulgation of a new or revised NAAQS. Sections 110(a)(1) and (2)
require states to address basic SIP requirements, including emissions
inventories, monitoring, and modeling to assure attainment and
maintenance of the NAAQS.
    More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS. As mentioned above, these
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. EPA is proposing to approve:
(1) North Carolina's February 5, 2013, and July 27, 2015, submissions
as satisfying the requirements of 128 of the CAA; and (2) the
infrastructure SIP sub-element for section 110(a)(2)(E)(ii) related to
the State board for the 2010 NO2 NAAQS, 2010 SO2
NAAQS, 2008 8-hour Ozone NAAQS and 2008 Lead NAAQS.\1\
---------------------------------------------------------------------------

    \1\ Sub-element 110(a)(2)(E)(ii) was previously submitted by
North Carolina DAQ to EPA to satisfy the state board requirements
for the referenced NAAQS. EPA is proposing through today's
rulemaking that the February 5, 2013, and July 27, 2015, final
submissions in conjunction with the previously submissions for the
2010 NO2 NAAQS (August 23, 2013), 2010 SO2
NAAQS (March 18, 2014), 2008 8-hour Ozone NAAQS (November 2, 2012),
and 2008 Lead NAAQS (July 20, 2012) satisfy the state board
requirements for this sub-element.
---------------------------------------------------------------------------

    Additionally, North Carolina's February 5, 2013, and July 27, 2015,
submissions satisfy EPA's multiple conditional approvals of sub-element
110(a)(2)(E)(ii) published on February 6, 2012 (77 FR 5703), and
October 16, 2012 (77 FR 63234), for the 1997 8-hour ozone NAAQS, and
1997 annual and 2006 24-hour PM2.5 NAAQS, respectively.\2\
As a result of today's proposed action related to the State's
submissions meeting section 128 of the CAA, EPA is proposing to convert
the aforementioned conditional approvals to full approvals regarding
North Carolina's infrastructure requirements for section
110(a)(2)(E)(ii) for the 1997 8-hour ozone NAAQS, and 1997 annual and
2006 24-hour PM2.5 NAAQS.
---------------------------------------------------------------------------

    \2\ Sub-element 110(a)(2)(E)(ii) was previously submitted by
North Carolina DAQ to EPA to satisfy the state board requirements
for the referenced NAAQS. EPA is proposing through today's
rulemaking that the February 5, 2013, and July 27, 2015, final
submissions in conjunction with the previous conditional approvals
for the 1997 8-hour ozone NAAQS and 1997 annual and 2006 24-hour
PM2.5 NAAQS satisfy the state board requirements for this
sub-element.
---------------------------------------------------------------------------

II. Requirements of Section 110(a)(2)(E)(ii)--Adequate Resources

    Sub-element 110(a)(2)(E)(ii) provides that each State ``comply with
the requirements respecting State boards under section [128 of the CAA]
. . . .'' Section 128 provides that each SIP shall contain requirements
that: (1) Any board or body which approves permits or enforcement
orders under the CAA shall have at least a majority of members who
represent the public interest and do not derive a significant portion
of their income from persons subject to permits or enforcement orders
under the Act (hereafter ``section 128(a)(1) requirements''); and, (2)
any potential conflicts of interest by members of such board or body or
the head of an executive agency with similar powers be adequately
disclosed (hereafter ``section 128(a)(2) requirements.'').

III. Requirements of Section 128

    Section 128 of the CAA requires that each state's SIP contain
provisions to address conflicts of interest for state boards or bodies
that oversee CAA permits and enforcement orders and disclosure of
conflict of interest requirements. Specifically, CAA section 128(a)(1)
necessitates that each SIP require that at least a majority of any
board or body which approves permits or enforcement orders represent
the public interest and meet income restrictions. Subsection 128(a)(2)
requires that the members of any board or body, or the head of an
executive agency with similar power to approve permits or enforcement
orders under the CAA, shall also be subject to conflict of interest
disclosure requirements. Furthermore, section 128 affords the
Administrator of EPA the authority to incorporate conflict of interest
provisions that go beyond those required by the CAA into the SIP when
such provisions are submitted by a state as part of its implementation
plan.

IV. What is EPA's analysis of how North Carolina addressed the section
110(a)(2)(E)(ii) infrastructure requirement?

    For purposes of section 128(a)(1), as of October 1, 2012, North
Carolina has no boards or bodies with authority over air pollution
permits or enforcement actions. The authority to approve CAA permits or
enforcement orders are instead delegated to the Secretary of the
Department of Environment and Natural Resources (DENR) and his/her
delegatee. As such, a ``board or body'' is not responsible for
approving permits or enforcement orders in North Carolina, and the
requirements of section 128(a)(1) are not applicable.
    For purposes of section 128(a)(2), EPA is proposing to approve
North Carolina's revisions submitted by DAQ, on February 5, 2013, and
amended on July 27, 2015. Section 128(a)(2) requires that any potential
conflicts of interest by members of a board or body that approves
permits or enforcement orders under the CAA, or head of executive
agency with similar powers, be adequately disclosed. Subsection
128(a)(2) applies to all states, regardless of whether the state has a
multi-member board or body that approves permits or enforcement orders
under the CAA. In instances where the head of an executive agency
delegates his or her power to approve permits or enforcement orders, or
where the

statutory authority to approve permits or enforcement orders is
nominally vested in another state official, the requirement to
adequately disclose potential conflicts of interest still applies. As
noted above, the Secretary of DENR and his/her delegatees have the
authority to issue CAA permits and enforcement orders in North Carolina
and are subject to conflict of interest disclosure procedures. Under
these procedures, such individuals are required to file a certification
disclosing sources of income and relationships that constitute a
potential conflict of interest each year, which are subject to public
inspection. If circumstances change such that the certification is no
longer complete or accurate, they are required to promptly file a new
certification. In addition, disclosure of potential conflicts of
interest are required for each final decision, which may merit recusal
from the particular matter. If recusal is determined not to be
necessary, the disclosure of potential conflict of interest is made
part of the public record. North Carolina's revision would incorporate
these conflict of interest disclosure procedures and a certification
form into its SIP to address section 128(a)(2) requirements.
    On October 1, 2012, North Carolina's enacted state law that
involved changes to how contested DENR cases are handled. Previously
these matters where heard on appeal by an Administrative Law Judge
(ALJ) in the State's Office of Administrative Hearings (Administrative
Procedures Act-type review). The ALJ would render a decision that would
then go before the State's Environmental Management Commission (EMC)
for a final agency decision. Under the new state law, the EMC's role is
eliminated and instead the ALJ decision constitutes the final agency
action which could then be appealed by either party to state superior
court. The Director of the Office of Administrative Hearings appoints
an ALJ to preside over contested matters such as appeals of CAA permits
and enforcement orders. The Office of Administrative Hearings is an
executive agency with quasi-judicial functions.
    In 1978, following the adoption of the section 128 provisions, EPA
published a guidance to the states providing suggested definitions that
the Agency viewed as representing the ``minimum level of stringency
necessary to meet the requirements of section 128.'' The guidance
defined ``Board or body'' as including instrumentalities ``authorized
to approve permits or enforcement orders under the CAA, in the first
instance or on appeal.'' Because section 128(a)(2) applies to boards or
bodies, or the heads of executive agencies with similar powers, EPA
interprets the inclusion of appeals within the definition of board or
bodies in the 1978 guidance as likewise applying to appeals of matters
handled initially by the head of an executive agency. Further, as
stated above, if the statutory scheme vests final approval authority
for CAA permits and orders with a state official other than the head of
an executive agency, EPA interprets section 128(a)(2) as applying to
that state official as well because they are functionally equivalent.
    North Carolina's July 27, 2015, supplement addresses the section
128(a)(2) conflict of interest disclosure requirements for ALJs through
Chapter 7A section 754 of the North Carolina General Statues, which
contains provisions related to the Office of Administrative Hearings
addressing these requirements for the ALJ. Specifically, North Carolina
is requesting that the following paragraph of 7A-754 stating ``The
Chief Administrative Law Judge and the administrative law judges shall
comply with the Model Code of Judicial Conduct for State Administrative
Law Judges, as adopted by the National Conference of Administrative Law
Judges, Judicial Division, American Bar Association, (revised August
1998), as amended from time to time, except that the provisions of this
section shall control as to the private practice of law in lieu of
Canon 4G, and G.S. 126-13 shall control as to political activity in
lieu of Canon 5.'' be adopted into the SIP. The Model Code of Judicial
Conduct for State Administrative Law Judges, as adopted by the National
Conference of Administrative Law Judges, Judicial Division, American
Bar Association, (revised August 1998), requires ALJs to act
impartially, which broadly includes financial considerations,
relationships, and other associations. ALJs are prohibited from
participating in any matter in which the ALJs impartiality might
reasonably be questioned or the ALJ must disclose the potential
conflict of interest on the record in the proceeding. In the case of
such disclosures, the parties to the matter must agree that the
disclosed conflict of interest is immaterial before the ALJ may
continue to participate in the matter. EPA has determined that the
provision of Chapter 7A section 754 of the North Carolina General
Statutes submitted for incorporation in the SIP provides for adequate
disclosure of potential conflicts of interest for any ALJ that will
make final decisions on CAA permits and enforcement orders. Therefore,
EPA is proposing to approve the North Carolina SIP revision related to
section 128(a)(2). EPA is also proposing to approve the portions of
North Carolina's 2010 NO2 infrastructure SIP (submitted on
August 23, 2013), 2010 SO2 infrastructure SIP (submitted on
March 18, 2014), 2008 8-hour ozone infrastructure SIP (submitted on
November 2, 2012), and 2008 Lead infrastructure SIP (submitted on July
20, 2012) related to 110(a)(2)(E)(ii).
    Additionally, as mentioned above, EPA conditionally approved North
Carolina's infrastructure submissions for the 1997 8-hour ozone NAAQS,
1997 annual PM2.5 NAAQS and the 2006 24-hour
PM2.5 NAAQS as they related to 110(a)(2)(E)(ii) because
provisions related to CAA 128 were not included in North Carolina's
SIP. As a result of EPA's proposed approval of North Carolina's
February 5, 2013, and July 27, 2015, submittals, EPA is also proposing
to convert EPA's previous conditional approval of North Carolina's
infrastructure submissions for the 1997 8-hour ozone NAAQS, 1997 annual
PM2.5 NAAQS and the 2006 24-hour PM2.5 NAAQS as
they relate to 110(a)(2)(E)(ii) to full approval.

V. Proposed Action

    As described above, EPA is proposing to approve North Carolina's
February 5, 2013, and July 27, 2015, submissions concerning conflict of
interest requirements related to CAA section 128(a)(2). Specifically,
today, EPA is proposing to approve North Carolina's 110(a)(2)(E)(ii)
submission as it relates to the Secretary of the DENR and his/her
delegatee that approve permit or enforcement orders described at
section 110(a)(2) of the CAA. EPA is also proposing to approve North
Carolina's July 27, 2015, 110(a)(2)(E)(ii) submission as it relates to
appealed matters decided by ALJs. Additionally, EPA is proposing to
approve the portions of North Carolina's 2010 NO2
infrastructure SIP, 2010 SO2 infrastructure SIP, 2008 8-hour
ozone infrastructure SIP, and 2008 Lead infrastructure SIP related to
110(a)(2)(E)(ii). EPA is also proposing to convert previous conditional
approvals for North Carolina's infrastructure submissions for the 1997
8-hour ozone NAAQS, 1997 annual and 2006 24-hour PM2.5 NAAQS
addressing CAA section 110(a)(2)(E)(ii) requirements to approval.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 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 proposes to approve 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: August 12, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-20747 Filed 8-21-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Notices]
[Pages 29903-29904]
[FR Doc No: 2023-09810]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-194-000]

Transcontinental Gas Pipeline Company, LLC; Notice of Application
and Establishing Intervention Deadline

    Take notice that on April 19, 2023 Transcontinental Gas Pipe Line
Company, LLC, (Transco) P.O. Box 1396, Houston, Texas 77251-1396, filed
an application under section 7(b) and 7(c) of the Natural Gas Act
(NGA), and Part 157, Federal Energy Regulatory Commission's
(Commission) requesting the authorization to construct, install,
modify, operate and maintain its Alabama Georgia Connecter Project
located at Marengo and Randolph Counties, Alabama and Coweta, Henry,
and Walton Counties, Georgia which will provide an additional 63,800
dekatherms per day of firm transportation service to Transco's Station
85 to multiple existing delivery locations on the Transco Mainline and
Transco's Georgia Extension Lateral.
    Specifically, Transco is requesting approval to (1) re-wheel two
existing compressor units at its Compressor station (CS) 90 in Marengo
County, Alabama; (2) add 3,865 Horsepower (hp) by upgrading two
existing compressor units at its CS 110 in Randolph County, Alabama;
(3) re-wheel three existing compressor units at its Compressor station
115 in Coweta County, Georgia; (4) add 5,000 hp by replacing one
compressor unit at its Compressor station 120 in Henry County, Georgia;
(5) increase the certificated horsepower from 49,800 hp to 55,800 hp by
increasing the currently certificated hp of an existing compressor
unit, and an associated re-wheel at its CS 125 in Walton County,
Georgia; and (6) various modifications to ancillary equipment and
station piping at the previously listed compressor stations. The total
estimated cost of the project is approximately $70.7 million, all as
more fully set forth in the request which is on file with the
Commission and open to public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room. For assistance, contact the Federal Energy Regulatory
Commission at [email protected] or call toll-free, (886) 208-
3676 or TYY,<PHONE_NUMBER>.
    Any questions regarding the proposed project should be directed to
Jordan Kirwin, Director, Rate & Regulatory, Transcontinental Gas
Pipeline Company, LLC, Post Office Box 1396, Houston, Texas 77251-1396;
by phone at<PHONE_NUMBER> or by email to [email protected].
    Pursuant to section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
---------------------------------------------------------------------------

    \1\ 18 CFR (Code of Federal Regulations) 157.9.
---------------------------------------------------------------------------

Public Participation

    There are three ways to become involved in the Commission's review
of

this project: you can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on May 24, 2023. How
to file protests, motions to intervene, and comments is explained
below.

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\2\ any person \3\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
---------------------------------------------------------------------------

    \2\ 18 CFR 157.205.
    \3\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\4\ and must be submitted by
the protest deadline, which is May 24, 2023. A protest may also serve
as a motion to intervene so long as the protestor states it also seeks
to be an intervenor.
---------------------------------------------------------------------------

    \4\ 18 CFR 157.205(e).
---------------------------------------------------------------------------

Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \5\ and the regulations under the NGA \6\ by the
intervention deadline for the project, which is May 24, 2023. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/how-guides.
---------------------------------------------------------------------------

    \5\ 18 CFR 385.214.
    \6\ 18 CFR 157.10.
---------------------------------------------------------------------------

    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before May 24, 2023. The filing of a comment alone will not serve
to make the filer a party to the proceeding. To become a party, you
must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP23-194-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \7\
---------------------------------------------------------------------------

    \7\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
---------------------------------------------------------------------------

    (2) You can file a paper copy of your submission by mailing it to
the address below. Your submission must reference the Project docket
number CP23-194-000.
    To mail via USPS, use the following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426.
    To send via any other courier, use the following address: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected].
    Protests and motions to intervene must be served to the applicant
by mail to: Jordan Kirwin, Director, Rates & Regulatory,
Transcontinental Gas Pipe Line Company, LLC, Post Office Box 1396,
Houston, Texas 77251-1396; or by email (with a link to the document) at
[email protected].
    Any subsequent submissions by an intervenor must be served on the
applicant and all other parties to the proceeding. Contact information
for parties can be downloaded from the service list at the eService
link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at http://www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to https://www.ferc.gov/ferc-online/overview.
    Intervention Deadline: 5:00 p.m. Eastern Time on May 24, 2023.

    Dated: May 3, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-09810 Filed 5-8-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Notices]
[Pages 55380-55381]
[FR Doc No: 2011-22665]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0001; FRL-8886-3]

SFIREG EQI Working Committee; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Association of American Pesticide Control Officials
(AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG),
Environmental Quality Issues (EQI) Working Committee will hold a 2-day
meeting, beginning on October 17, 2011 and ending October 18, 2011.
This notice announces the location and times for the meeting and sets
forth the tentative agenda topics.

DATES: The meeting will be held on Monday, October 17, 2011 from 8:30
a.m. to 5 p.m. and 8:30 a.m. to 12 noon on Tuesday October 18, 2011.
    To request accommodation of a disability, please contact the person
listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10
days prior to the meeting, to give EPA as much time as possible to
process your request.

ADDRESSES: The meeting will be held at EPA. One Potomac Yard (South
Bldg.) 2777 Crystal Dr., Arlington VA. 1st Floor South Conference Room.

FOR FURTHER INFORMATION CONTACT: Ron Kendall, Field External Affairs
Division

(7506P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>or Grier Stayton, SFIREG Executive Secretary, P.O.
Box 466, Milford DE 19963; telephone number<PHONE_NUMBER>; fax (302)
422-2435; e-mail address: Grier Stayton at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are
interested in pesticide regulation issues affecting States and any
discussion between EPA and SFIREG on FIFRA field implementation issues
related to human health, environmental exposure to pesticides, and
insight into EPA's decision-making process. You are invited and
encouraged to attend the meetings and participate as appropriate.
Potentially affected entities may include, but are not limited to:
    Those persons who are or may be required to conduct testing of
chemical substances under the Federal Food, Drug and Cosmetics Act
(FFDCA), or the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) and those who sell, distribute or use pesticides, as well as
any Non Government Organization.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How can I get copies of this document and other related information?

    EPA has established a docket for this action under docket ID number
EPA-HQ-OPP-2011-0001. Publicly available docket materials are available
either in the electronic docket at http://www.regulations.gov, or, if
only available in hard copy, at the Office of Pesticide Programs (OPP)
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

II. Tentative Agenda Topics

    1. Endangered Species Act--``the services'' on their process and
expectations.
    2. How EPA and states process responses to biological opinions.
    3. Chesapeake Bay and Pesticides--implications for other areas.
    4. Aquatic Life Benchmarks Letter--EPA response and Working
Committee discussion.
    5. National Pollution Discharge Elimination System (NPDES) update.
    6. Imprelis update.
    7. Contaminant Candidate List (CCL) selections and data input--use
of the Pesticides of Interest Tracking System (POINTS) data?
    8. State Lead Agency priorities.
    9. Nanotechnology and pesticides.

III. How can I request to participate in this meeting?

    This meeting is open for the public to attend. You may attend the
meeting without further notification.

List of Subjects

    Environmental protection.

    Dated: August 22, 2011.
Robert McNally,
Acting Director, Field External Affairs Division, Office of Pesticide
Programs.
[FR Doc. 2011-22665 Filed 9-6-11; 8:45 am]
BILLING CODE 6560-50-P