[Federal Register: October 6, 2008 (Volume 73, Number 194)]
[Notices]
[Page 58225-58228]
[DOCID:fr06oc08-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. PF08-22-000; PF08-23-000]

TransCanada PipeLine USA, Ltd.; Bison Pipeline, LLC; Notice of
Intent To Prepare an Environmental Impact Statement for the Proposed
Pathfinder Pipeline Project and Bison Pipeline Project; Request for
Comments on Environmental Issues and Notice of Public Meetings

September 30, 2008.
    The Federal Energy Regulatory Commission (FERC or Commission) is in
the process of preparing an environmental impact statement (EIS) on the
environmental impacts of the Pathfinder Pipeline Project involving the
construction and operation of a new underground natural gas pipeline
proposed by TransCanada PipeLine USA, Ltd. (TransCanada). The
Pathfinder project is under review in Docket No. PF08-22-000.
    A related pipeline project, the proposed Bison Pipeline Project
(Bison) is also currently under review in Docket No. PF08-23-000. The
entire route of Bison is identical to that of the corresponding portion
of Pathfinder (Segment 2) from Dead Horse to Compressor Station No. 6,
as described further in Summary of the Proposed Project section of this
notice.
    On September 3, 2008, TransCanada announced that one of its
subsidiaries acquired Bison Pipeline, LLC from Northern Border. With
this acquisition, TransCanada will provide shippers on Bison the
opportunity to transport their production on Pathfinder. TransCanada
proposes to build either Pathfinder or Bison. Once TransCanada is in a
position to confirm which of the two Projects it will pursue,
TransCanada will file a request with the FERC to discontinue review of
the other project. While we \1\ are requesting comments on both
Pathfinder and Bison, we expect that a single project will be proposed
and addressed in our EIS.
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    \1\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the FERC's Office of Energy Projects.
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    This Notice of Intent (NOI) explains the scoping process that will
be used to gather input from the public and interested agencies on the
Project. Your input will help determine which issues will be evaluated
in the EIS. Please note that the scoping period for this Project will
close on November 3, 2008.
    Comments on the Project may be submitted in written form or
verbally. In lieu of, or in addition, to sending written comments, we
also invite you to attend the public scoping meetings that have been
scheduled in the Project area during the week of October 13, 2008.
Details on how to submit comments and additional details of the public
scoping meetings are provided in the Public Participation section of
this notice.
    The FERC will be the lead federal agency in the preparation of an
EIS that will satisfy the requirements of the National Environmental
Policy Act (NEPA) and will be used by the FERC to consider the
environmental impacts that could result if the Commission issues a
Certificate of Public Convenience and Necessity for the Project under
Section 7 of the Natural Gas Act. As a part of that review we will be
preparing an EIS for the proposed Project.
    The Bureau of Land Management (BLM) is participating as a
cooperating agency in the preparation of the EIS because the Project
would cross federal lands and resources administered by the White
River, Little Snake, Lander, Rawlins, Casper, Buffalo, Miles City and
North Dakota Field Offices, for which the BLM has jurisdiction and/or
special expertise with respect to environmental issues/impacts. The EIS
will be used by the BLM to meet its NEPA responsibilities in
considering TransCanada's application for a Right-of-Way Grant and
Temporary Use Permit for the portion of the Project on federal land.
    Although a formal application has not been filed, the FERC has
already initiated its NEPA review under its pre-filing process. A pre-
filing docket number has been assigned to the Pathfinder Pipeline
Project (PF08-22-000) and the Bison Pipeline Project (PF08-23-000). The
purpose of the pre-filing process is to encourage early involvement of
interested stakeholders and to identify and resolve issues before an
application is filed with the FERC.
    This NOI is being sent to federal, state, and local government
agencies; elected officials; affected landowners; environmental and
public interest groups; Indian tribes and regional Native American
organizations; commentors and other interested parties; and local
libraries and newspapers. We encourage government representatives 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 TransCanada representative about the acquisition of an easement to
construct, operate, and maintain the proposed

facilities. TransCanada would seek to negotiate a mutually acceptable
agreement. However, if the Project is approved by the FERC, that
approval conveys with it the right of eminent domain. Therefore, if
easement negotiations fail to produce an agreement, and the Project is
ultimately approved by the FERC, TransCanada could initiate
condemnation proceedings 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?'' is available for
viewing on the FERC Internet Web site (http://www.ferc.gov/for-
citizens/citizen-guides.asp). This fact sheet addresses a number of
typically asked questions, including the use of eminent domain and how
to participate in FERC's proceedings.

Summary of the Proposed Project

    TransCanada has announced its proposal to construct and operate a
new natural gas pipeline and associated structures with a maximum
capacity of 1.6 billion cubic feet per day. As shown in Appendix 1,\2\
the Pathfinder Project would be located in portions of Colorado,
Wyoming, Montana, and North Dakota and would consist of 673 miles of
36-inch-diameter pipeline running from Meeker, Rio Blanco County,
Colorado to near Glen Ullin, Morton County, North Dakota. The currently
proposed pipeline route would travel across Rio Blanco and Moffat
Counties in Colorado; Carbon, Sweetwater, Freemont, Natrona, Johnson,
and Campbell Counties in Wyoming; Powder River, Carter, and Fallon
Counties in Montana; and Bowman, Slope, Hettinger, Stark, Grant, and
Morton Counties, North Dakota. The pipeline would connect to the
existing Northern Border mainline pipeline system in southwest North
Dakota and would deliver natural gas to primarily midwestern markets.
The proposed Pathfinder Project includes an 11-mile-long supply
lateral,\3\ the Wamsutter Segment, located near Wamsutter, Sweetwater
County, Wyoming to connect the Pathfinder Pipeline Project mainline to
natural gas supply in the Green River Basin. Certain associated
aboveground facilities are also proposed. Mainline valves spaced at
intervals along the pipeline as defined by U.S. Department of
Transportation regulations per the Code of Federal Regulations (CFR) 49
Part 192, eight compressor stations, four meter stations, and seven pig
launcher and receiver facilities are currently proposed.
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    \2\ The appendices referenced in this notice are not printed in
the Federal Register, but they are being provided to all those who
receive this notice in the mail. Copies of the NOI can be obtained
from the Commission's Web site at the ``eLibrary'' link, from the
Commission's Public Reference Room, or by calling<PHONE_NUMBER>.
For instructions on connecting to eLibrary, refer to the end of this
notice.
    \3\ A lateral pipeline typically takes gas from the main system
to deliver it to a customer or receives gas from a storage or supply
source.
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    More specifically, TransCanada proposes the following primary
components for the Pathfinder Project:
     673 miles of 36-inch diameter underground natural gas
pipeline consisting of four segments:
     [rtarr8] Meeker Segment: 130 miles of pipeline from an existing
gathering hub near Meeker, Colorado to Wamsutter, Wyoming;
     [rtarr8] Segment 1: 236 miles of pipeline from Wamsutter, Wyoming
to Dead Horse in Campbell County, Wyoming; and
     [rtarr8] Segment 2: 297 miles of pipeline commencing in Dead Horse
and terminating at the Northern Border Pipeline Company's existing
Compressor Station No. 6 in Morton County, North Dakota: and
     [rtarr8] Wamsutter Segment: 11 miles of pipeline extending from
the existing Echo Springs gas plant to the intersection of the
Pathfinder Meeker Segment and Segment 1 in Wamsutter, Wyoming;
     A new 10,000 horsepower compressor station at milepost
(MP) 0.0 of the Wamsutter Segment near Echo Springs, Wyoming;
     A new 30,000 horsepower compressor station at MP 153 in
Sweetwater County, Wyoming;
     A new 30,000 horsepower compressor station at MP 221 in
Freemont County, Wyoming;
     A new 30,000 horsepower compressor station at MP 301 in
Natrona County, Wyoming;
     A new 30,000 horsepower compressor station at MP 374 in
Campbell County, Wyoming;
     A new 30,000 horsepower compressor station at MP 453 in
Powder River County, Montana;
     A new 30,000 horsepower compressor station at MP 535 in
Fallon County, Montana;
     A new 30,000 horsepower compressor station at MP 619 in
Hettinger County, North Dakota;
     One meter station and one pig launcher on the Meeker
Segment; one meter station, one pig launcher, and one pig receiver on
the Wamsutter Segment; one meter station and three pig launcher/
receivers on Segment 1; and two meter stations, two pig launcher/
receivers, and one pig receiver on Segment 2;
     Approximately 36 mainline valves generally located at 20-
mile intervals along the pipeline;
     Temporary pipe storage and contractor yards at various
locations along the pipeline for office trailers, parking, and pipe and
equipment storage during construction; and
     Temporary construction roadways and short permanent roads
from existing roads to meter station sites and other aboveground
facilities.
    Bison would consist of approximately 297 miles of 24-inch-diameter
natural gas pipeline and related pipeline system facilities that would
move gas northeastward from Dead Horse across the southeastern corner
of Montana and into central North Dakota where it interconnects with
the Northern Border pipeline system near Compressor Station No. 6 in
Morton County. The entire route of Bison is identical to that of the
corresponding portion of Pathfinder (Segment 2) from Dead Horse to
Compressor Station No. 6.
    Location maps depicting the proposed facilities are attached to
this NOI as Appendix 1.

The EIS Process

    NEPA requires the Commission to take into account the environmental
impacts that could result from an action when it considers whether or
not a natural gas pipeline should be approved. FERC will use the EIS to
consider the environmental impacts that could result if it issues a
Project authorization to TransCanada under Section 7 of the Natural Gas
Act. NEPA also requires us to discover and address concerns the public
may have about proposals. This process is referred to as ``scoping.''
The main goal of scoping is to focus the analysis in the EIS on the
important environmental issues. With this NOI, we are requesting public
comments on the issues to be addressed in the EIS. All comments
received will be considered during preparation of the EIS.
    In the EIS we will discuss impacts that could occur as a result of
the construction, operation, and maintenance of the proposed Project
under these general headings:
     Geology and soils;
     Water resources;
     Aquatic resources;
     Vegetation and wildlife;
     Threatened and endangered species;
     Land use, recreation, and visual resources;
     Cultural resources;
     Socioeconomics;

     Air quality and noise;
     Reliability and safety;
     Cumulative impacts.
    In the EIS, we will also evaluate possible alternatives to the
proposed Project or portions of the Project, and make recommendations
on how to lessen or avoid impacts on affected resources.
    Our independent analysis of the issues will be included in a draft
EIS. The draft EIS will be mailed to federal, state, and local
government agencies; elected officials; affected landowners;
environmental and public interest groups; Indian tribes and regional
Native American organizations; commentors; other interested parties;
local libraries and newspapers; and FERC's official service list for
this proceeding. There will be at minimum a 45-day comment period
allotted for review of the draft EIS. We will consider all comments on
the draft EIS and revise the document, if necessary, before issuing a
final EIS. We will then consider all comments on the final EIS before
we make our recommendations to the Commission. To ensure that your
comments are considered, please follow the instructions in the Public
Participation section of this NOI.
    With this NOI, we are asking federal, state, and local agencies
with jurisdiction and/or special expertise with respect to
environmental issues to formally cooperate with us in the preparation
of the EIS. These agencies may choose to participate once they have
evaluated the proposal relative to their responsibilities. As
previously discussed, the BLM has agreed to become a cooperating agency
and would use the EIS to fulfill its NEPA responsibilities in
considering the potential issuance of a Right-of-Way Grant and
Temporary Use Permit for the portion of the Project on federal land.
Additional agencies that would like to request cooperating agency
status should follow the instructions for filing comments provided
under the Public Participation section of this NOI.
    The EIS will examine the proposed action and alternatives that
require administrative or other actions by other federal agencies.

Currently Identified Environmental Issues

    We have already identified issues that we think deserve attention
based on our previous experience with similar projects in the region.
This preliminary list of issues, which is presented below, may be
revised based on your comments and our continuing analyses specific to
the Pathfinder Project.
     Potential for disturbance to residents along pipeline
construction route, including noise and aesthetics;
     Potential impacts to the viewshed from construction
activities and placement of aboveground facilities;
     Potential for geological hazards, including seismic
activity, to have impacts on the pipeline;
     Potential impacts of the pipeline on waterbodies and
wetlands, including issues of erosion control;
     Potential impacts of the pipeline on vegetation, including
the clearing and revegetation of existing plant communities and, in
particular, the clearing of riparian areas;
     Potential impacts of the pipeline on threatened and
endangered species and wildlife habitat;
     Potential impacts of the pipeline on cultural resources,
including paleontological resources and historic trails; and
     Potential impacts of the pipeline on recreation and scenic
resources.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the Pathfinder Project or Bison 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 in your comments so that they will be received in Washington, DC
on or before November 3, 2008.
    Comments on the proposed Project can be submitted to the FERC in
written form or verbally at the public scoping meetings. For your
convenience, there are three methods which you can use to submit your
written comments to the Commission. In all instances please reference
the Project docket number (PF08-22-000 or PF08-23-000) with your
submission. The three methods are:
    (1) You may file your comments electronically by using the Quick
Comment feature, which is located on the Commission's Internet Web site
at http://www.ferc.gov under the link to Documents and Filings. A Quick
Comment is an easy method for interested persons to submit 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 Internet Web site at
http://www.ferc.gov under the link to Documents and Filings. eFiling
involves preparing your submission in the same manner as you would if
filing on paper, and then saving the file on your computer's hard
drive. You will attach that file as your submission. New eFiling users
must first create an account by clicking on ``Sign up'' or
``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 your comments via mail to the Commission by
sending an original and two copies of your letter to:
    Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
888 First St., NE., Room 1A, Washington, DC 20426.
    Label one copy of the comments for the attention of Gas Branch 3,
PJ-11.3.
    The public scoping meetings (dates, times, and locations listed
below) are designed to provide another opportunity to offer comments on
the proposed Project. Interested groups and individuals are encouraged
to attend the meetings and to present comments on the environmental
issues that they believe should be addressed in the EIS.
    A transcript of the meetings will be generated so that your
comments can be accurately recorded. All meetings are scheduled to run
from 6 to 8 p.m., and are scheduled as follows:

------------------------------------------------------------------------
             Date                               Location
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Monday, October 13, 6 to 8 pm  Best Western Tower West Lodge, 109 N.
                                U.S. Highway 14-16, Gillette, Wyoming
                                82716.
Tuesday, October 14, 6 to 8    Roosevelt High School, 140 East K Street,
 pm.                            Casper, Wyoming 82601.
                               Broadus High School, 500 North Trautman,
                                Broadus, MT 59317.
Wednesday, October 15, 6 to 8  Jeffrey Memorial Center, 315 East Pine
 pm.                            Street, Rawlins, Wyoming 82301.
                               Bowman City Hall, 101 1st Street NE,
                                Bowman, North Dakota 58623.
Thursday, October 16, 6 to 8   Holiday Inn Suites, 300 South Colorado
 pm.                            Highway 13, Craig, Colorado 81625.
                               Parish Hall--Sacred Heart Church, 204 Oak
                                Avenue East, Glen Ullin, North Dakota
                                58631.
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    The Commission encourages electronic filing of comments and has
dedicated eFiling expert staff available to assist you at<PHONE_NUMBER>
or<EMAIL_ADDRESS>    Once TransCanada formally files its application with the
Commission, you may want to become an ``intervenor,'' which is an
official party to the 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 a Commission 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. Please note that you may not request
intervenor status at this time. You must wait until a formal
application is filed with the Commission.

Environmental Mailing List

    Everyone who responds to this notice or provides comments
throughout the EIS process will be retained on our mailing list for
this Project. If you do not want to send comments at this time but want
to stay informed and receive copies of the draft and final EIS, you
must return the Mailing List Retention Form (Appendix 2). If you do not
send comments or return the Mailing List Retention Form asking to
remain on the mailing list, you will be taken off the mailing list.

Additional Information

    Additional information about the Project is available from the
Commission's Office of External Affairs at 1-866-208-FERC (3372), or on
the FERC Internet Web site (http://www.ferc.gov) using the ``eLibrary
link.'' Click on the eLibrary link, select ``General Search'' and enter
the Project docket number, excluding the last three digits (i.e., PF08-
22) in the ``Docket Number'' field. Be sure you have selected an
appropriate date range. For assistance with eLibrary, the eLibrary
helpline can be reached at 1-866-208-3676, TTY<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>The eLibrary link on the FERC Web
site also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rule makings.
    In addition, the FERC now offers a free service called
eSubscription that 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. To register for this service, go to http://www.ferc.gov/
esubscribenow.htm.
    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. Finally, TransCanada has
established a Web site for the Project at http://www.transcanada.com/
company/pathfinder.html. The Web site includes a Project overview,
timeline, safety and environmental information, and public outreach.
You can also request additional information by contacting TransCanada
directly at:
    E-mail<EMAIL_ADDRESS>    Mailing address: Pathfinder Pipeline Project, PO Box 6160,
Broomfield, CO 80021.
    Toll-free telephone:<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E8-23500 Filed 10-3-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: March 27, 2009 (Volume 74, Number 58)]
[Notices]
[Page 13488-13490]
[DOCID:fr27mr09-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59612; File No. SR-DTC-2009-06]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Order Granting Accelerated Approval of a Proposed
Rule Change To Amend Certificate of Incorporation To Increase Preferred
Shares Issuance

March 20, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on February 27, 2009, The
Depository Trust Company (``DTC'') filed with the Securities and
Exchange Commission (``Commission'') and on March 10, 2009, amended the
proposed rule change as described in Items I and II below, which items
have been prepared primarily by DTC. The Commission is publishing this
notice and order to solicit comments on the proposed rule change and to
grant accelerated approval of the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    DTC is seeking to amend its Certificate of Incorporation to provide
for the issuance of an additional 250,000 shares of DTC Series A
Preferred Stock.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, DTC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. DTC has prepared summaries, set forth in sections (A),
(B),

and (C) below, of the most significant aspects of these statements.\2\
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    \2\ The Commission has modified the text of the summaries
prepared by DTC.
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(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In 1999, DTC's Certificate of Organization was amended (the ``1999
Amendment'') to provide for the issuance of 1,500,000 shares of
Preferred Stock, par value $100 per share.\3\ The 1999 Amendment also
provided that the Preferred Stock could be issued in one or more
classes having such designations, relative rights, preferences or
limitation as fixed by the Board of Directors of DTC at the time of
issuance of any such Preferred Stock.
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    \3\ This amendment was approved by the New York State
Superintendent of Banks and was also the subject of a DTC rule
filing approved by the Commission. Securities Exchange Act Release
No. 41529 (June 15, 1999), 64 FR 33333 (June 22, 1999) [File No. SR-
DTC-99-08].
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    DTC's Organization Certificate has been amended twice thereafter to
provide for the issuance of variable rate noncumulative nonvoting
shares of Series A Preferred Stock, par value $100 per shares,
preferred over DTC's common stock as to dividends and in the event of
liquidation (the ``Series A Preferred Stock''). In each case, mandatory
cash deposits to the Participants Fund were reduced and the proceeds of
the reductions of the mandatory cash deposits were used to pay the
purchase price of the shares. The first such amendment, filed in 2000,
provided for the issuance of 750,000 shares of Series A Preferred
Stock, and the second amendment, filed in 2006, provided for the
issuance of an additional 500,000 shares of Series A Preferred
Stock.\4\
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    \4\ Securities Exchange Release Nos. 43197 (August 23, 2000), 65
FR 52459 (August 29, 2000) [File No. SR-DTC-00-02] and 54775
(November 17, 2006), 71 FR 68662 (November 27, 2006) [File No. SR-
DTC-2006-14].
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    DTC Participants are required to purchase and own shares of the
Series A Preferred Stock in proportion to their use of DTC services.
DTC treats the Series A Preferred Stock held by Participants
substantially the same as the mandatory cash deposits made by
Participants to the Participants Fund for purposes of collateralizing
securities transactions, limiting net debit positions, implementing
default procedures and allocating unrecovered losses.
    In order to further increase capital,\5\ DTC is proposing to amend
its Certificate of Organization to provide for the issuance of an
additional 250,000 shares of Series A Preferred Stock, at the par value
of $100 per share, and to further reduce mandatory cash deposits by a
corresponding amount.\6\ The proceeds of the reductions of the
mandatory cash deposits will be used to pay the purchase price of the
shares, and all reductions and payments will be settled through the
facilities of DTC with no action required on the part of any
Participant.
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    \5\ DTC, as a depository institution, is subject to risk-based
capital guidelines issued by the Board of Governors of the Federal
Reserve. To be considered ``well capitalized'' under these
guidelines, DTC must maintain a Tier I Leverage Ratio of at least 3%
and Tier I Risk Based Capital Ratio of at least 8%. The issuance of
the additional Series A Preferred Stock will enable DTC to continue
to meet these requirements.
    \6\ The issuance of an additional 250,000 shares will increase
the outstanding amount of Series A Preferred Stock to $150 million
and reduce the mandatory cash portion of the Participants Fund
deposit to $450 million, maintaining the total mandatory amount at
$600 million. At the end of the first quarter of 2009, the total
mandatory Participants Fund deposits will be increased to $1.3
billion, as recently approved by the Commission. Securities Exchange
Release No. 59148 (December 23, 2008), 73 FR 62578 (October 14,
2008) [File No. SR-DTC-2008-12].
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    DTC believes that the proposed rule change is consistent with the
requirements of Section 17A of the Act \7\ and the rules and
regulations thereunder applicable to DTC because it will not affect the
safeguarding of funds or securities in DTC's custody or control or for
which it is responsible as it is merely a reallocation of the
Participants Fund in order for DTC to increase its capital base while
maintaining the same level of assets for use in the event of a
Participant default. The proposed allocation will not impose any
additional financial burden on DTC Participants.
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    \7\ 15 U.S.C. 78q-1.
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    DTC does not believe that the proposed rule change would have any
impact or impose any burden on competition.

(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received from Members, Participants or Others

    Written comments relating to the proposed rule change have not been
solicited or received. DTC will notify the Commission if it receives
additional comments.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, is consistent with the Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-DTC-2009-06 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-DTC-2009-06. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of DTC and on DTC's Web
site at http://www.dtcc.com/downloads/legal/rule_filings/2009/dtc/
2009-06.pdf. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-DTC-
2009-06 and should be submitted on or before April 17, 2009.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder and particularly with the requirements of

Section 17A(b)(3)(F).\8\ The Commission finds that the approval of
DTC's rule change is consistent with this section because it will not
affect the safeguarding of funds or securities in DTC's custody or
control or for which it is responsible.
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    \8\ 15 U.S.C. 78q-1(b)(3)(F).
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    DTC has requested that the Commission approve the proposed rule
change prior to the thirtieth day after publication of the notice of
the filing. The Commission finds good cause for approving the proposed
rule change prior to the thirtieth day after the publication of notice
because such approval will allow DTC to make the systems changes
necessary to allocate to Participants these additional shares, along
with the currently outstanding shares of Series A Preferred Stock, at
the beginning of the second quarter of 2009 in accordance with DTC's
Rule 4 (Participants Fund and Participants Investment).

V. Conclusion

    On the basis of the foregoing, the Commission finds the proposed
rule change is consistent with the requirements of the Act, in
particular Section 17A of the Act, and the rules and regulations
thereunder.
    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\9\ that the proposed rule change (File No. SR-DTC-2009-06), as
amended, be and hereby is approved on an accelerated basis.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).
    \10\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Florence E. Harmon,
Deputy Secretary.

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    \11\ 17 CFR 200.30-3(a)(12).
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[FR Doc. E9-6827 Filed 3-26-09; 8:45 am]


[Federal Register Volume 78, Number 102 (Tuesday, May 28, 2013)]
[Notices]
[Pages 31921-31922]
[FR Doc No: 2013-12593]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0120; FRL-9817-7]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Reporting and Recordkeeping
Requirements for National Volatile Organic Compound Emission Standards
for Automobile Refinish Coatings, EPA ICR Number 1765.07

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C.
3501, et seq.), this document announces that the EPA is planning to
submit a request to renew an existing approved Information Collection
Request to the Office of Management and Budget with changes to the ICR
burden estimates. This ICR is scheduled to expire on October 31, 2013.
Before submitting the Information Collection Request to the Office of
Management and Budget for review and approval, the EPA is soliciting
comments on specific aspects of the proposed information collection.

DATES: Additional comments may be submitted on or before July 29, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0120 by one of the following methods: Federal eRulemaking
Portal: http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>Include Docket ID Number
EPA-HQ-OAR-2003-0120 in the subject line of the message.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center (EPA/DC), Air and Radiation Docket Information Center, 1200
Pennsylvania Avenue NW., Mail Code: 2822T, Washington, DC 20460.
     Hand Delivery: To send comments or documents through a
courier service, the address to use is: EPA Docket Center, Public
Reading Room, EPA West, Room 3334, 1301 Constitution Avenue NW.,
Washington, DC 20004. Such deliveries are accepted only during the
Docket's normal hours of operation--8:30 a.m. to 4:30 p.m., Monday
through Friday. Special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Electronic Docket ID No. EPA-
HQ-OAR-2003-0120. The EPA's policy is that all comments received will
be included in the public docket without change and may be made
available online at www.regulations.gov including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise to be protected through
www.regulations.gov or email. The Web site is an ``anonymous access''
system, which means we 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 us 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, we recommend 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 we cannot read your comment as a result of technical
difficulties and cannot contact you for clarification, we may not be
able to consider your comment. Electronic files should avoid the use of
special characters or any form of encryption and be free of any defects
or viruses. For additional information about the EPA public docket,
visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Kim Teal, Office of Air and Radiation,
Office of Air Quality Planning and Standards, Mail Code D243-04,
Research Triangle Park, North Carolina 27711; telephone number: (919)
541-5580; fax number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

    The EPA has established a public docket for this ICR under Docket
ID No. EPA-HQ-OAR-2003-0120, which is available either electronically
at www.regulations.gov or in hard copy at the EPA Docket Center, Public
Reading Room, EPA West, Room 3334, 1301 Constitution Avenue NW,
Washington, DC 20004. The normal business hours are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding federal holidays. The telephone
for the Reading Room is<PHONE_NUMBER>, and the telephone for the Air
Docket is<PHONE_NUMBER>.
    Use www.regulations.gov to obtain a copy of the draft collection of
information, submit or view public comments, access the index listing
of the contents of the docket and to access those documents in the
public docket that are available electronically. Once in the system,
select ``search,'' then key in the docket ID number identified in this
document.

What information particularly interests the EPA?

    Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act,
the EPA specifically solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
    (ii) evaluate the accuracy of the agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) enhance the quality, utility and clarity of the information
to be collected; and
    (iv) minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, the EPA is requesting comments
from very small businesses (those that employ less than 25 persons) on
examples of specific additional efforts that the EPA could make to
reduce the paperwork burden for very small businesses affected by this
collection.

What should I consider when I prepare my comments for the EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by the EPA, be sure to identify the
docket ID

number assigned to this action in the subject line on the first page of
your response. You may also provide the name, date and Federal Register
citation.

To what information collection activity or ICR does this apply?

    Docket ID No. EPA-HQ-OAR-2003-0120.
    Affected Entities: Entities potentially affected by this action as
respondents are manufacturers and importers of automobile refinish
coatings and coating components. Manufacturers of automobile refinish
coatings and coating components fall within standard industrial
classification (SIC) 2851, ``Paints, Varnishes, Lacquers, Enamels, and
Allied Products'' and North American Industry Classification System
(NAICS) code 325510, ``Paint and Coating Manufacturing.'' Importers of
automobile refinish coatings and coating components fall within SIC
5198, ``Wholesale Trade: Paints, Varnishes, and Supplies,'' NAICS code
422950, ``Paint, Varnish and Supplies Wholesalers,'' and NAICS code
444120, ``Paint and Wallpaper Stores.''
    Title: Reporting and Recordkeeping Requirements for National
Volatile Organic Compound Emission Standards for Automobile Refinish
Coatings (40 CFR part 59).
    ICR number: EPA ICR Number 1765.07, OMB Control Number 2060-0353.
    ICR status: This ICR is currently scheduled to expire on October
31, 2013. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for the
EPA's regulations in title 40 of the CFR, after appearing in the
Federal Register when approved, are listed in 40 CFR part 9, are
displayed either by publication in the Federal Register or by other
appropriate means, such as on the related collection instrument or
form, if applicable. The display of the OMB control numbers in certain
EPA regulations is consolidated in 40 CFR part 9. Under the OMB
regulations, the agency may continue to conduct or sponsor the
collection of information while this submission is pending at the OMB.
    Abstract: The EPA is required under section 183(e) of the Clean Air
Act to regulate volatile organic compound emissions from the use of
consumer and commercial products. Pursuant to section 183(e)(3), the
EPA published a list of consumer and commercial products and a schedule
for their regulation (60 FR 15264). Automobile refinish coatings were
included on the list, and the standards for such coatings are codified
at 40 CFR part 59, subpart B. The reports required under the standards
enable the EPA to identify all coating and coating component
manufacturers and importers in the United States and to determine which
coatings and coating components are subject to the standards, based on
dates of manufacture. Respondents are manufacturers, distributors and
importers of automobile refinish coatings. Responses to the collection
are mandatory under 40 CFR part 59, Subpart B--National Volatile
Organic Compound Emission Standards for Automobile Refinish Coatings.
All information submitted to the EPA for which a claim of
confidentiality is made will be safeguarded according to the agency
policies set forth in 40 CFR part 2, subpart B--Confidentiality of
Business Information.
    The EPA provided notice and sought comments on the previous ICR
renewal on March 23, 2010, (75 FR 13759) pursuant to 5 CFR 1320.8(d).
The EPA received no comments to that notice.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 4
hours per response. Burden means 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. This includes the
time needed to review instructions; develop, acquire, install and
utilize technology and systems for the purposes of collecting,
validating and verifying information, processing and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and
requirements; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information. The
ICR provides a detailed explanation of the agency's estimate, which is
only briefly summarized here:
    Estimated total number of potential respondents: 4.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent:
One or less per year.
    Estimated total annual burden hours: 14.
    Estimated total annual costs: $924. This includes an estimated
burden cost of $0 and an estimated cost of $0 for capital investment or
maintenance and operational costs.

Are there changes in the estimates from the last approval?

    There are slight changes being made to the estimates in this ICR
from what the EPA estimated in the earlier renewal of this ICR.

What is the next step in the process for this ICR?

    The EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to the OMB
for review and approval pursuant to 5 CFR 1320.12. At that time, the
EPA will issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to the OMB and
the opportunity to submit additional comments to the OMB. If you have
any questions about this ICR or the approval process, please contact
the technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: May 21, 2013.
Peter Tsirigotis,
Director, Sector Policies and Programs Division.
[FR Doc. 2013-12593 Filed 5-24-13; 8:45 am]
BILLING CODE 6560-50-P


3/ 29/ 06 EPA HUMAN STUDIES REVIEW BOARD MEMBER BIOSKETCHES Dr. David Bellinger Dr. David C. Bellinger is Professor of Neurology, Harvard Medical School, Professor in the Department of Environmental Health, Harvard School of Public Health ( HSPH), and Senior Research Associate in Neurology and Psychiatry, Children's Hospital Boston. He received a Ph. D. in Psychology from Cornell University in 1977 and completed post doctoral fellowship training at the University of Rochester School of Medicine and Boston University. In 1987, he received a M. Sc. in Epidemiology from the HSPH. He received a Research Career Development Award from the NIEHS ( 1985 1990). He currently directs an NIH funded T32 Interdisciplinary Training Program in Neurodevelopmental Toxicology at the HSPH. He has served on several committees of the National Academies/ National Research Council/ Institute of Medicine, including Measuring Lead Exposure in Infants, Children, and Other Sensitive Populations; Toxicological Effects of Methylmercury; Submarine Escape Action Levels; and Nutrient Relationships in Seafood: Balancing the Benefits and Risks. He has participated in World Health Organization ( WHO) consultations involving lead, mercury, and principles of risk assessment. On several occasions, he has been a Technical Advisor to the FAO/ WHO Joint Expert Committee on Food Additives and Contaminants ( JECFA), as well as serving as a member of JECFA. From 2001 2004, he was a member of the Federal Advisory Committee of the National Children's Study. He participated in the EPA Science Advisory Board review of the Agency's Mercury Report to Congress. He has served as Epidemiology Section Editor of Neurotoxicology and Teratology and is the editor of a forthcoming volume on Human Developmental Neurotoxicology. His major research interests are the developmental impact of early metabolic and chemical insults to the nervous system and neuropsychological toxicology. Much of his research has focused on the neurotoxicity of metals in children, particularly lead, mercury, arsenic, and manganese. His research has been funded primarily by the NIH ( NICHD, NIEHS, NINDS, NIDCR, NHLBI), and by EPA, the Agency for Toxic Substances and Disease Registry, and Harvard University.

Dr. Stephen Brimijoin Dr. Stephen Brimijoin is Clement Professor and past Chair ( 1993 2003) of Pharmacology at Mayo Medical School and Distinguished Investigator at Mayo Clinic, which he joined in 1971 after two years at the National Institutes of Health. For over thirty years he has investigated the neurobiology, pharmacology, and toxicology of cholinesterase enzymes, including studies on the pathophysiology of their axonal transport in human peripheral nerve. He contributed substantially to knowledge of the cellular distribution and fate of the molecular forms of these enzymes in brain. He discovered that anti esterase antibodies destroy central sympathetic neurons in a selective manner that provides insights into the pathophysiology of the autonomic nervous system. He used genetically engineered neuronal cell lines to show that this acetylcholinesterase may promote nerve growth and maturation, in addition to regulating cholinergic transmission. More recently, his research team modified human plasma cholinesterase to produce a cocaine metabolizing enzyme that blocks physiological responses to 2 this drug and may pave the way for a gene therapy of addiction. In cholinergic toxicology, Dr. Brimijoin helped generate more potent oxime reactivators to rescue individuals from pesticide overdose, and he devised a new method to detect cholinesterase inhibition that yields more precise benchmark doses for carbamate pesticides. He is now investigating the developmental neurotoxicity of organophosphates, on which he provided invited testimony to the NAS Committee on the Use of Third Party Toxicity Research with Human Research Participants. Dr. Brimijoin has served on the editorial boards of several journals ( currently, Molecular and Cellular Neurobiology) and on the Mayo Human Studies Committee ( IRB). For over ten years he has been an ad hoc member of multiple sessions of the EPA FIFRA Scientific Advisory Panel ( FIFRA SAP). In recognition for research accomplishments, he received a Javits Neuroscience Investigator Award ( 1987 94) a Humboldt Foundation Senior Distinguished U. S. Scientist Award ( 1987 88) and an annual Distinguished Investigator Award from Mayo Clinic ( 1992 present). He completed his undergraduate and graduate training at Harvard ( B. A., 1964; Ph. D., 1969).

Dr. Alicia Carriquiry Dr. Alicia Carriquiry is professor of statistics and director of graduate education at Iowa State University. Between January of 2000 and July of 2004 she was Associate Provost at Iowa State University. Her research interests are in Bayesian statistics and general methods. Her recent work focuses on nutrition and dietary assessment, as well as on problems in genomics, forensic sciences and traffic safety. She currently teaches the graduate level course on Bayesian data analysis at Iowa State University and has five doctoral students working under her supervision at this time. She is an elected member of the International Statistical Institute and a Fellow of the American Statistical Association. Dr. Carriquiry served on the Executive Committee of the Institute of Mathematical Statistics between 1999 and 2005 and has been a member of the Board of Trustees of the National Institute of Statistical Sciences since 1997. She is also a past president of the International Society for Bayesian Analysis ( ISBA) and a past member of the Board of the Plant Sciences Institute at Iowa State University. Dr. Carriquiry is Editor of Statistical Sciences and of Bayesian Analysis, Associate Editor of Statistical Surveys and serves on the editorial boards of several Latin American journals of statistics and mathematics. She has served on three National Academy of Sciences committees: the Subcommittee on Interpretation and Uses of Dietary Reference Intakes; the Committee on Evaluation of USDA's Methodology for Estimating Eligibility and Participation for the WIC Program and the Committee on Third Party Toxicity Research with Human Research Participants. Currently, she is a member of the standing Committee on Applied and Theoretical Statistics of the National Research Council, the Committee on Assessing the Feasibility, Accuracy and Technical Capability of a Ballistics National Database of the National Research Council and of the Committee on Gender Differences in the Careers in Science, Mathematics and Engineering Faculty of the National Academy of Sciences. She is a member of the Federal Steering Committee Future Directions for the CSFII/ NHANES Diet/ Nutrition Survey: What we Eat in America and also a member of the NIH Kidney, Nutrition, Obesity and Diabetes Study Section. Carriquiry received a MSc in animal science from the University of Illinois, and an MSc in statistics and a PhD in statistics and animal genetics from Iowa State University.

Dr. Janice Chambers 3 Dr. Chambers is the William L. Giles Distinguished Professor and Director, Center for Environmental Health Sciences Professor, Department of Basic Sciences at Mississippi State University. Dr. Chambers directs several research projects that deal with the effects of pesticides in mammalian systems to determine the potential human health effects of pesticide exposures. Specifically, there are projects related to the neurochemical and behavioral effects of pesticides in developing organisms as well as the metabolism of pesticides in developing organisms to yield predictions about potential effects of pesticides in infants and children. Other projects are involved in developing mathematical predictions of the effects of mixtures of pesticides on the nervous system so that predictive models can be generated to potentially describe the effects of future uncharacterized mixtures. Dr. Chambers has been the Principal Investigator for numerous federally funded competitive grants in the field of toxicology. Because of her expertise, she has been asked to serve on a number of advisory boards and prestigious committees. Dr. Chambers is board certified as a toxicologist by the American Board of Toxicology and the Academy of Toxicological Sciences. As Director of the Center for Environmental Health Sciences, she has developed an interdisciplinary research center specializing in pesticide toxicology and funded primarily by NIH. The center comprises the areas of neurotoxicology, biochemical toxicology, analytical chemistry, biostatistics, epidemiology, computational chemistry, computational simulation, biochemistry, and endocrinology. Dr. Chamber is a member of the EPA FIFRA Scientific Advisory Panel.

Dr. Gary Chadwick Dr. Gary Chadwick is the Associate Provost and Director of the Office for Human Subject Protection at the University of Rochester ( UR). Dr. Chadwick holds faculty appointments in the School of Medicine and Dentistry ( SMD) as Clinical Professor of Community and Preventive Health ( Health Policy and Ethics) and Clinical Professor of Medical Humanities ( Research Ethics). Since arriving at the University, Dr. Chadwick has been active in teaching research ethics to graduate and medical students, serving on institutional committees for Ethics ( Clinical), Conflict of Interest ( both for SMD as well University wide), and Compliance ( UR). Dr. Chadwick's former research interests were in suicidology, alcoholism, drug abuse and health services administration, however, his current research activity is serving as an ethics consultant ( unpaid) on some federal grants.

Before joining the University of Rochester, Dr. Chadwick was a commissioned officer in the U. S. Public Health Service for over 26 years. He served in the Food and Drug Administration ( FDA) where he was the Associate Director for Human Subject Protection in the Office of the Commissioner and was a Senior Scientific Reviewer in the Division of Scientific Investigations of the FDA's Center for Drug Evaluation and Research. Dr. Chadwick has also worked in the Office for Protection from Research Risks at the National Institutes of Health. He is a Past President of Applied Research Ethics National Association ( ARENA). He was the founding Chair of the ARENA Council for Certification of IRB Professionals. He is the co author of the widely used investigator training book, " Protecting Study Volunteers in Research." Dr. Chadwick is a subcommittee member ( Subpart A) of the DHHS Secretary's Advisory Committee for Human Research Protection. He earned his BS in Pharmacy from the Ohio State University, 4 his PharmD from the University of Tennessee, and his MPH from the Uniformed Services University.

Dr. Richard Fenske Dr. Richard A. Fenske is Professor of Environmental and Occupational Health Sciences at the University of Washington ( UW) and director of the NIOSH supported Pacific Northwest Agricultural Safety and Health Center since its establishment in 1996. He is a core faculty member of the NIEHS supported Center for Ecogenetics and Environmental Health. He also served as Deputy Director of the EPA/ NIEHS supported UW Center for Child Environmental Health Risks Research from 1998 2003, and Director of the UW Field Research and Consultation Group from 1992 1996. Dr. Fenske has focused his research on the assessment and mitigation of chemical hazards through workplace and community studies. He has developed new procedures for the assessment of skin exposure through the use of fluorescent tracers. He has also contributed to the elucidation of pesticide exposure pathways for children living in agricultural communities and in residential settings. His current research includes studies of pesticide spray drift, novel biomonitoring techniques, and para occupational exposures of children in rural communities. He currently receives research support from the NIOSH Agricultural Centers Program, the EPA/ NIEHS Children's Environmental Health Centers Program, and an EPA STAR grant.

Dr. Fenske currently serves on the U. S. Environmental Protection Agency's Science Advisory Board ( Integrated Human Exposure Committee), and is also a member of the National Academy of Sciences/ Institute of Medicine Committee to Review the Health Effects in Vietnam Veterans of Exposure to Herbicides.

From 1984 1990 Dr. Fenske was Assistant Professor and then Associate Professor of Environmental Sciences at Rutgers University. Prior to this position, he received his doctoral degree and master's in public health from UC Berkeley in Environmental Health Sciences. He was also awarded a master's degree in geography from UC Berkeley and a master's degree in comparative religion from Columbia University in New York. His bachelor's degree was in history from Stanford University.

Dr. Celia Fisher Dr. Celia B. Fisher is the Marie Ward Doty Professor of Psychology and Director of the Fordham University Center for Ethics Education. Dr. Fisher is a member of the DHHS Secretary's Advisory Committee on Human Research Protections ( SACHRP), Co Chair of the SACHRP Subcommittee on Research Involving Children, and founding editor of the journal Applied Developmental Science. She chaired the American Psychological Association's ( APA) Ethics Code Task Force, the New York State Board for Psychology, the Ethics Committee of the Society for Research in Child Development, and the National Task Force on Applied Developmental Science; and is past member of the Ethics Working Group of the National Children's Study, the NIMH Data Safety and Monitoring Board, and the Institute of Medicine s Committee on Clinical Research Involving Children. Dr Fisher is author of Decoding the Ethics Code: A Practical Guide for Psychologists ( Sage Publications), co editor of 5 books including 5 Ethical Issues in Mental Health Research with Children and Adolescents ( Erlbaum Associates) and The Handbook of Ethical Research with Ethnocultural Populations and Communities ( Sage Publications), author of over 100 publications in the areas of ethics and life span development and of commissioned papers for the President's National Bioethics Advisory Commission on relational ethics and vulnerable populations and on the ethics of suicide research for NIMH. With support from NICHD she has studied how to assess and enhance research consent capacity of adults with developmental disabilities. With funding from NSF and NIH she has developed research ethics instructional materials for undergraduates, graduate students, senior scientists, and IRBs and examined parent child perspectives on the ethics of adolescent risk research. Her current federally funded projects include Mentoring the Responsible Conduct of Research ( ORI/ NIAID), Participant Perspectives on Drug Use and Related HIV Research ( NIDA) and the Fordham Alcohol Prevention Program ( NIAAA). In July 2001 she co chaired the APA, NIMH, and Fordham Ethics Center sponsored national conference on Research Ethics for Mental Health Science Involving Ethnic Minority Children and Youth ( American Psychologist, December 2002). In 2005 she chaired the APA meeting on Minimal Risk in Social Behavioral Research and co chaired the Fordham Summit on Biopharmaceuticals for the 21st Century: Responsibility, Sustainability & Public Trust. She has developed assessment instruments to evaluate how teenagers and parents from different racial/ ethnic backgrounds prepare for and react to racial discrimination, examined the validity of child abuse assessment techniques in institutional and forensic settings, and family attitudes toward involvement of adolescents in decisions to participate in pediatric cancer research.

Dr. Susan Fish Dr. Susan Fish is Associate Professor of Biostatistics and Epidemiology at the Boston University School of Public Health. She is also the co director of the MA in Clinical Research program at Boston University School of Medicine. Dr. Fish received her Doctor of Pharmacy degree from the University of Minnesota and her Masters of Public Health from Boston University, as well as a Bachelor's Degree in pharmacy from Massachusetts College of Pharmacy and Allied Health Sciences and a Bachelor's Degree in chemistry and education from the University of Massachusetts.

Dr. Fish previously held positions as Director of Human Subjects Protection and Associate Director of the Office of Clinical Research at Boston University Medical Center ( BUMC), Director of the BUMC Institutional Review Board and Director of Research Participant Safety at the General Clinical Research Center at Boston University School of Medicine. She has also served as Director of Regulatory Affairs at CareStat, Inc, ( a contract research organization) and as Vice Chair for Research in the Department of Emergency Medicine at Boston City Hospital/ Boston Medical Center and Associate Professor of Emergency Medicine at Boston University School of Medicine. Prior to that, she was Associate Director of the Massachusetts Poison Control System and Associate Professor at Massachusetts College of Pharmacy and Allied Health Sciences. Dr. Fish has been a medical researcher for more than 20 years. She was a member of the Human Studies Committee at Boston City Hospital/ Boston Medical Center from 1989 99 and served for five years as Associate Chair of the Committee. On the national level, Dr. Fish is an active member of many organizations, including the Society for Academic Emergency Medicine and PRIM& R ( Public Responsibility in Medicine and Research) where she 6 serves on the Board of Directors. In a variety of forums, Dr. Fish lectures on the design, conduct, and management of clinical trials, as well as research ethics and protection of human research subjects. She teaches courses at the Boston University Schools of Public Health and Medicine, and is frequently an invited speaker nationally. Although she has a long history of research in the areas of clinical toxicology and emergency medicine, Dr. Fish has most recently focused on research ethics in general, and application of the federal regulations for waiver of informed consent in certain emergency research circumstances. Her sabbatical project was consistent with this focus, working as Project Director for PRIM& R's Accreditation Project to develop a national accreditation system for human research protection programs.

Dr. Suzanne Fitzpatrick Dr. Suzanne Fitzpatrick is a Senior Science Policy Analyst in the Office of the Commissioner, Office of Science and Health Coordination, at the US Food and Drug Administration. She is the Human Protection Administrator for the FDA Institutional Review Board. In this position, she drafted the Standard Operating Procedures for the FDA IRB and oversees its daily activities. She is also working on the oversight program for quality assurance of all FDA sponsored research. She is a member of the FDA Human Protection Steering Committee, the FDA Human Subjection Protection/ Biomonitoring Steering Committee, and the 21 CFR 50.24 consultative review committee. Dr. Fitzpatrick is also a co investigator on an FDA grant entitled " Pediatric Assent in Adolescent Research Participants" in collaboration with NCI/ NIH and Walter Reed Army Medical Center. Dr. Fitzpatrick is the FDA National Environmental Protection Act ( NEPA) liaison to the Council for Environmental Quality at the White House. She represents FDA on several Office of Science and Technology Policy Committees ( OSTP) including the CNER Subcommittee on Toxics and Risk, the OSTP Subcommittee on Health and the Environment, and the CNER Subcommittee on Endocrine Disruptors. She chairs, with EPA and USGS, the OSTP Interagency Working Group on Human and Veterinary Pharmaceutical in the Environment, whose charge is to leverage research strategies in this area across the different federal agencies. Dr. Fitzpatrick is also a member of the Interagency Committee on Validation of Alternative Animal Models. Dr. Fitzpatrick is a board certified toxicologist. She is the past president of the American College of Toxicology and also a past member of its board of councilors. Currently Dr, Fitzpatrick is the President Elect of the Nation's Capital Chapter of the Society of Toxicology ( SOT), a Councilor for the Regulatory and Safety Specialty Section of and a member of the K 12 SOT Education Committee. She is also an adjunct professor at Johns Hopkins University, Zanvyl Krieger School of Arts and Science. Dr. Fitzpatrick received her BA from the University of California at San Diego and her PhD from Georgetown University.

Dr. Kannan Krishnan Dr. Kannan Krishnan received his Ph. D. in Public Health from Université de Montréal, Canada and postdoctoral training from the Chemical Industry Institute of Toxicology ( CIIT), Research Triangle Park, North Carolina. He is currently Professor of Occupational and Environmental Health and Director of the Human Toxicology research group ( TOXHUM) at Université de Montréal. He has been the leader of the risk assessment methodologies theme team of the Canadian Network of Toxicology Centers ( 1994   2001), and Vice President of the Biological Modeling Specialty Section of the Society of Toxicology ( 2001 02). A member of the U. S. National Academy of 7 Sciences ( NAS) Sub committee on Acute Exposure Guideline Levels ( 2001 2004), Dr. Krishnan is currently the president of the Risk Assessment Specialty Section of the Society of Toxicology and a temporary advisor for the World Health Organization. His expertise is in the areas of general toxicology, pharmacokinetics, physiologically based modeling, chemical mixtures and health risk assessment methods. He has been a peer reviewer of several risk assessments, mixture risk assessment supplemental guidance and efforts on interactions for U. S. EPA. He has also been involved as a reviewer of toxicological profiles of chemicals and interaction profiles for chemical mixtures produced by ATSDR. An author of a text book on environmental pollution, Dr. Krishnan has authored or co authored over 100 full length publications in the areas of human health risk assessment, pharmacokinetics and its determinants in humans, chemical interactions in rodents and humans as well as computational toxicology. He has served on the editorial boards of Toxicological Sciences, International Journal of Toxicology, Journal of Applied Toxicology and Journal of Child Health. In the year 2000, he received the Veylian Henderson Award from the Society of Toxicology of Canada for significant contributions to the field of toxicology in Canada and was co recipient of the Best paper award ( 2003) from the Board of Publications of the Society of Toxicology.

Dr. Krishnan's current research projects are funded by the Natural Sciences and Engineering Research Council of Canada. Past funding sources include Quebec Health Research Council, Canadian Network of Toxicology Centers, Health Canada and Ethylbenzene Panel of American Chemistry Council.

Dr. Kyung Mann Kim Dr. Kim is Professor of Biostatistics and Statistics and Associate Chair of the Department of Biostatistics and Medical Informatics at the University of Wisconsin Madison and Director of Biostatistics Shared Resource at the University of Wisconsin Comprehensive Cancer Center. Prior to his current appointment, he was Assistant Professor ( 1988 1994) and Associate Professor ( 1994 1995) of Biostatistics at Harvard University and Dana Farber Cancer Institute, Associate Professor of Biostatistics at the University of Michigan in Ann Arbor, MI and Director of Biostatistics at the University of Michigan Comprehensive Cancer Center ( 1995 1997), and Visiting Associate Professor of Ophthalmology at Johns Hopkins University ( 1995). Dr. Kim is recognized nationally and internationally for his contributions in statistical methods for interim analysis in clinical trials and clustered and repeated measures analysis and in clinical oncology research and has published extensively in statistical methods for clinical trials and in cancer clinical trials. He is Co chair of the Protocol Review and Monitoring Committee and the Data and Safety Monitoring Committee of the University of Wisconsin Comprehensive Cancer Center, reviewing the scientific merit of clinical trial protocols, the safety of participants, and the scientific validity of data. He was a member of the Lung Cancer Concept Evaluation Panel, Division of Cancer Treatment and Diagnosis, National Cancer Institute ( NCI) ( 1999 2002) and a member of Subcommittee E on Cancer Epidemiology, Prevention and Control, NCI Initial Review Group ( 2001 2005). He was a member of the Autoimmune Diseases Data and Safety Monitoring Board, National Institute of Allergy and Infectious Diseases ( NIAID) ( 2000 2004) and has been serving as member of the HIV/ AIDS Therapeutic Trials Data and Safety Monitoring Board, NIAID since 1998. These activities all relate to human studies review and ongoing review and monitoring of participant safety and study scientific validity in clinical trials. 8 Dr. Kim was elected member of the Regional Committee of the Eastern North American Region ( ENAR) of the International Biometrics Society and ENAR representative to the Biological Sciences Section of the American Association for Advancement of Science. He is an Associate Editor for Biometrics, an official journal of the International Biometric Society. He served as Founding Chair of the National Working Group of Cancer Center Biostatistics Directors during 1996 2003. He is Chair of the Program Committee for the Annual Meeting of the Society for Clinical Trials in 2006. He is a Fellow of the American Statistical Association. Dr. Kim received his Bachelor of Science ( B. S.) degree in Computer Science and Statistics in 1978 and Master of Science ( M. S.) degree in Statistics in 1980, both from Seoul National University, Seoul, Korea and Doctor of Philosophy ( Ph. D.) degree in Statistics from the University of Wisconsin Madison in 1985.

Dr. Lois Lehman McKeeman Dr. Lois Lehman McKeeman is currently a Distinguished Research Fellow in Discovery Toxicology at the Bristol Myers Squibb Company in Princeton, NJ. She received a BS degree in Toxicology from the Philadelphia College of Pharmacy & Science and holds a Ph. D. in Toxicology from the University of Kansas Medical Center. She was employed in the Human and Environmental Safety Division of the Procter and Gamble Company for 15 years prior to joining Bristol Myers Squibb in 2001. Lois has active research interests and programs broadly in mechanisms of toxicity, with emphasis on secondary mechanisms of carcinogenesis. She is also working to develop and apply metabonomic and transcriptomic technologies to mechanistic toxicology. She has been active professionally in the Society of Toxicology ( SOT) serving on numerous SOT committees, and she held elective office in the SOT as Councilor from 2000 2002. In 2003 she was appointed Editor of Toxicological Sciences, a position she currently holds, and she serves on a number of other editorial boards. She has or is presently sitting on a variety of national and international advisory committees for EPA, NIH, IARC and IPCS. She is a fellow in the Academy of Toxicological Sciences, and she was the recipient of the Robert Scala Award in Toxicology for research excellence in an industrial laboratory in 1994 and the Society of Toxicology Achievement Award in 2003.

Dr. Michael Lebowitz Michael Lebowitz has a Ph. D. in, Epidemiology & International Health, and Environmental Health Sciences ( with minors in Sociology and Biostatistics), and a Ph. C. in Preventive Medicine ( with a minor in Biomedical Sciences) from the University of Washington ( Seattle). He also has an MA in Biostatistics ( with a minor in Demography) and a BA in Psychology from the University of California ( Berkeley). He completed his clinical training in cardio pulmonary medicine at the University of London Postgraduate Cardio thoracic Institute. He started in public health in 1962, and worked in both county and state health departments in Epidemiology and Biostatistics. His areas of expertise are community based prevention/ intervention research, chronic & infectious disease epidemiology, and environmental occupational medicine. He is a fellow of the American College of Chest Physicians, the American College of Epidemiology, and the Collegium Ramazzini. He is an elected member of the International Academy of Indoor Air Sciences, the American Epidemiological Society, the International Epidemiological Association, Delta Omega ( the honorary public health society), and as an honorary member of the Hungarian Society of Hygiene. He is a founding member of the International Society of 9 Exposure Analysis ( ISEA) and the International Society of Environmental Epidemiology, and a charter member the Society of Epidemiological Research. He has been a member of other medical and scientific societies. He is a past President of ISEA and recipient of its highest award, and is past Chair of the national prevention research centers national program. He has been received various honors and awards from The University of Arizona College of Public Health and Graduate College. He has been Principal Investigator ( PI) of many grants and is currently the PI of a CDC Prevention Research Center and Border Vision Fronteriza ( HRSA), and is Co PI of a Legacy Foundation grant and an NIH NHLBI grant. Dr. Lebowitz has served on the EPA Science Advisory Board, on National Academy of Sciences ( NRC NAS/ IOM) committees, and has been a consultant and peer reviewer for EPA, NIH, NIOSH and other agencies for over 30 years. He has also served as member/ chair of committees for WHO, PAHO, and UNEP. He has been an expert consultant and witness for state and federal government agencies, various NGOs and CBOs. He has over 400 peer reviewed publications.

Dr. Jerry Menikoff Dr. Jerry Menikoff is Associate Professor of Law, Ethics & Medicine and Director of the Institute for Bioethics, Law and Public Policy at the University of Kansas School of Medicine. Since 1998 he has served as chairperson of the Institutional Review Board at that institution. He is also currently Medical Director of Hospital Ethics at the University of Kansas Hospital, and an Associate Professor of Law at the University of Kansas School of Law. He received his undergraduate degree from Harvard University ( magna cum laude in Mathematics, 1973), and also received in 1977 a J. D. ( magna cum laude; Editor and Officer of the Harvard Law Review) and M. P. P. ( Public Policy) from Harvard. Dr. Menikoff earned an M. D. in 1986 from Washington University ( St. Louis). He served as a judicial clerk to the Honorable Irving R. Kaufman, Chief Judge, United States Court of Appeals for the Second Circuit, and has been a faculty fellow at the MacLean Center for Clinical Medical Ethics at the University of Chicago, and at the Center for Ethics and the Professions at Harvard University.

For the past several years, Dr. Menikoff's research interests have concentrated on bioethics in general, and more particularly on the ethics of research with human subjects. His widely used textbook Law and Bioethics: An Introduction ( Georgetown University Press 2001) is now in its second printing, and was chosen in 2002 by the Association of American University Presses as one of " The Best of the Best from the University Presses: Books You Should Know About." He is a coauthor of the recently published textbook ( and accompanying teacher's manual), The Ethics and Regulation of Research with Human Subjects ( LexisNexis 2005). His newest book, providing an evaluation of how the United States regulates research with human subjects, will be published in 2006 by Oxford University Press. He has on a number of recent occasions been hired as a consultant by the federal Office for Human Research Protections, and was one of the eight panelists convened by that agency to review the controversial issues raised by the ARDS Network studies ( see Jeffrey M. Drazen, Controlling Research Trials, New Engl. J. Med. 2003; 348: 1377 80). He has recently written about the issues that led to the creation of the EPA Human Studies Review Board in Of Babies, Bugs, and Bombast: A Look Behind the Crash and Burn of the CHEERS Pesticide Study, 4( 14) Medical Research Law & Policy Report 586 ( BNA) ( July 20, 2005), and is a member of the Advisory Board for the Medical Research Law & Policy Report. 10 Dr. Robert M. Nelson Dr. Robert M. Nelson is Associate Professor of Anesthesiology and Critical Care at The Children's Hospital of Philadelphia ( CHOP) and the University of Pennsylvania School of Medicine. After receiving his MD degree from Yale University in 1980, Dr. Nelson trained in pediatrics ( Massachusetts General Hospital), neonatology and pediatric critical care ( University of California, San Francisco). He has received formal training in theology, religious and medical ethics, receiving a Master of Divinity degree from Yale Divinity School in 1980 and a Ph. D. in The Study of Religion from Harvard University in 1993. Dr. Nelson has lectured and published widely on ethical and regulatory issues in pediatric research and clinical care. Dr. Nelson is Chair of the Pediatric Advisory Committee ( PAC) of the Food and Drug Administration, and former Chair of the PAC Pediatric Ethics Subcommittee. He also serves as a member of the Subcommittee on Research Involving Children of the DHHS Secretary's Advisory Committee on Human Research Protections. Dr. Nelson was a member of the Committee on Clinical Research Involving Children of the Institute of Medicine ( through March 2004), and former Chair of the Committee on Bioethics of the American Academy of Pediatrics ( through 2001). Currently he is Director of the Center for Research Integrity, established at CHOP to further the responsible conduct of pediatric research. Dr. Nelson's current research explores different aspects of child assent and parental permission such as adolescent risk perception, the development of a child's capacity to assent, and the degree to which parental choice is perceived as voluntary. His research has been funded by the National Institutes of Health, the Greenwall Foundation and The National Science Foundation.

Dr. Sean Philpott Dr. Sean Philpott is a tenured Research Scientist ( Assoc. Research Professor) in the Department of Infectious Disease at the New York State Department of Health, an Adjunct Professor in the Department of Biomedical Sciences of the University at Albany School of Public Health, and is the Executive Managing Editor of the American Journal of Bioethics. He serves on the New York State Department of Health Institutional Review Board and is a member of the New York Working Group on Bioethics. He is involved in a Fogarty Institute funded project to teach research ethics to Central and Eastern European scientists, physicians, lawyers and other professionals. Dr. Philpott also serves as consultant to various governmental and nongovernmental bodies, such as the Forum for Collaborative HIV Research.

He received his undergraduate degrees in biology and medical anthropology from the University of California at San Diego, and completed his Ph. D. in Microbiology at the University of California at Berkeley. In addition to his on going laboratory studies of HIV pathogenesis, Dr. Philpott is particularly interested in the ethical issues associated with biomedical research, including the protection of human subjects in industrialized and developing countries and the management of conflicts of interest in academia.

Dr. Richard Sharp Dr. Richard R. Sharp ( Ph. D. Philosophy, Michigan State University, 1999) is an Assistant Professor of Medicine with the Center for Medical Ethics and Health Policy, Baylor College of Medicine ( BCM). Dr. Sharp's professional interests center on ethical issues in biomedical 11 research and genetics. He has written on ethical considerations in testing asymptomatic persons for genetic predispositions to disease, understandings of race and ethnicity in genomic research, and the identification of genetic sensitivities to environmental toxicants. Dr. Sharp is the principle investigator for several ongoing research projects, including: 1) Indian and Hindu perspectives on genetic variation research, 2) Patient attitudes regarding the collection and use of biological materials for genomic research, 3) Patient perspectives on the role of consumer advocacy groups, and 4) Ethical, legal, and social issues in toxicogenomic research. Dr. Sharp directs the fourth course in the BCM Ethics Track, Research in Clinical Medical Ethics, and participates in the teaching of clinical ethics to medical students, residents, and clinical fellows at Ben Taub General Hospital and The Methodist Hospital. He also lectures on topics in research ethics in the Clinical Scientist Training Program and the Research Ethics Symposium, a training program on research conduct for clinical fellows, post doctoral fellows, and graduate students in the biological sciences. Dr. Sharp coordinates Ethics Grand Rounds for The Methodist Hospital and serves on their Ethics Committee. Dr. Sharp has served on advisory committees for the American Thoracic Society, the European Respiratory Society, the Alpha One Foundation, the Woodrow Wilson Center, and the National Institutes of Health. Before joining the Center in 2002, Dr. Sharp worked as a Biomedical Ethicist at the National Institute of Environmental Health Sciences where he directed the Program in Environmental Health Policy and Ethics.


[Federal Register: August 8, 2008 (Volume 73, Number 154)]
[Notices]
[Page 46257]
[DOCID:fr08au08-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER08-1297-000]

Ashtabula Wind, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

August 1, 2008.
    This is a supplemental notice in the above-referenced proceeding of
Ashtabula Wind, LLC's application for market-based rate authority, with
an accompanying rate schedule, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 21, 2008.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-18262 Filed 8-7-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Notices]
[Pages 8479-8480]
[FR Doc No: 2021-02365]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0096]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that by a letter dated December 14,
2020, Brightline West (Brightline) petitioned the Federal Railroad
Administration (FRA) for a waiver from certain provisions of the
Federal railroad safety regulations contained at 49 CFR parts 221, 229,
231, and 238, and an exemption from certain requirements of chapter
203, title 49 of the United States Code (U.S.C). FRA assigned the
petition Docket Number FRA-2020-0096.
    Brightline's requests for relief relate to its planned operation of
new high-speed trainsets on a new high-speed rail line between
Victorville, California, and Las Vegas, Nevada. Brightline indicates
that the fully electric trainsets will be capable of operating up to
186 miles per hour. Further, Brightline indicates that Siemens Mobility
will manufacture eight trainsets (referred to as ``Valero Trainsets''),
and Brightline will have the option of ordering an additional twelve.
Manufacturing of the Valero Trainsets is scheduled to start in January
2022 in the Siemens plant in Krefeld, Germany, with a planned delivery
of the trains to the United States for testing in April 2023. The
projected start of passenger service is March 2024.
    According to Brightline, the subject rail corridor will be built
within the right-of-way of Interstate Highway 15 and will be
electrified, thus ensuring the rail line can operate in an energy
efficient and sustainable manner. Because the infrastructure will be
built and operated as a dedicated right-of way, Brightline further
indicates that no mixed traffic with Tier I or II passenger trains will
occur and the rail corridor will have no public highway-rail nor rail-
rail at-grade crossings. FRA also understands that no freight traffic
will be moved on the track.
    Brightline indicates that the Valero Trainsets will be built to
FRA's existing Tier III passenger equipment safety standards, codified
under 49 CFR part 238, subpart H, and will meet certain consensus
recommendations from the Railroad Safety Advisory Committee (RSAC) to
FRA related to high-speed passenger equipment (those consensus
recommendations to FRA are attached as Annex A to Brightline's waiver
petition). Accordingly, Brightline's waiver request asks FRA to waive
the existing applicable regulatory requirements of 49 CFR parts 221,
229, 231, and 238, and instead apply to the Valero Trainsets, the
alternative standards outlined in the referenced RSAC recommendations.
    Brightline also specifically requests that FRA waive the
requirements of 49 CFR 238.112 related to door emergency egress and
rescue access systems and approve an alternative solution proposed in
its waiver request.
    Finally, Brightline requests that FRA exercise its authority under
49 U.S.C. 20306 (Section 20306) to exempt the Valero Trainsets from the
requirement of 49 U.S.C. 20302 (Section 20302), which mandates that
railroad vehicles be equipped with (1) secure sill steps and an
efficient hand brake; (2) secure grab irons or handholds on the
vehicle's ends and sides for greater security to individuals coupling
and uncoupling the vehicle; and (3) the standard height of drawbars.
See 49 U.S.C. 20302(a)(1)(B), (a)(2), and (a)(3).
    In support of its request for relief, Brightline asserts that the
Valero Trainsets have specific technologically advanced features that
justify an exemption from Section 20302. First, Brightline notes that
individual units in the trainset cannot be uncoupled except within a
maintenance facility, protected by blue signal rules, and under the
direction of trained maintenance personnel. This eliminates the need
for train crews to perform traditional ``switching'' operations.
Second, for the trainset's ends, which may be coupled to another
trainset during regular service in double traction mode or during an
emergency rescue operation, Brightline indicates there is a fully
automatic coupler with a remote-controlled uncoupling mechanism in the
operating cab, providing electric and pneumatic connections, making
uncoupling levers unnecessary. Third, as it is not required for a
person to step between the vehicle's end to connect jumper cables or
air hoses, end handholds are not needed. Finally, because there are
operating cabs on both ends of the trainset, ``reverse moves'' are
performed with a conductor or brakeman riding inside the opposite, or
non-controlling, cab and not riding the exterior of the trainset.
    Section 20306 authorizes FRA to exempt rail equipment from the
requirements of 49 U.S.C. chapter 203, including Section 20302, when
those requirements ``preclude the development or implementation of more
efficient railroad transportation equipment or other transportation
innovations under existing law.'' Section 20306 requires FRA to base
any such exemption on either (1) findings developed at a hearing; or
(2) an agreement between labor and the developer of the equipment.
    As Brightline indicates in its Petition, FRA has previously held
Section 20306 hearings for equipment substantially similar to the
Valero Trainsets.\1\ The equipment was also proposed to be operated in
substantially similar operating environments to that which Brightline
proposes in this docket.\2\ Accordingly, Brightline asserts that no new
information on the Valero

Trainset's safety appliances could be gathered from another public
hearing. As a result, FRA finds that holding a public hearing under
Section 20306 in response to Brightline's current exemption request is
not necessary and FRA intends to rely on the findings from these
previous hearings when considering Brightline's current exemption
request.
---------------------------------------------------------------------------

    \1\ See FRA Docket Nos. FRA-2019-0066 (Amtrak) and FRA-2019-0068
(Texas Central Railroad (see also 85 FR 69700 (Nov. 3, 2020). Both
FRA dockets are available for review on www.regulations.gov.
    \2\ Id.
---------------------------------------------------------------------------

    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. Although, for the
reasons discussed above, FRA does not anticipate scheduling a public
hearing, if any interested parties desire an opportunity for oral
comment and a public hearing, they should notify FRA, in writing,
before the end of the comment period and specify the basis for their
request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC
20590.
    Communications received by March 22, 2021 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable. Anyone can search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the comment (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). Under 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-02365 Filed 2-4-21; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Notices]
[Page 30934]
[FR Doc No: 2022-10871]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1333-066]

Pacific Gas and Electric Company, Tule Hydro LLC; Notice of
Application for Transfer of License and Soliciting Comments, Motions To
Intervene, and Protests

    On February 1, 2022, Pacific Gas and Electric Company (transferor)
and Tule Hydro LLC (transferee) filed jointly an application for the
transfer of license of the Tule River Hydroelectric Project No. 1333.
The project is located on Tule River, Springville City, in Tulare
County, California.
    The applicants seek Commission approval to transfer the license for
the Tule River Hydroelectric Project from the transferor to the
transferee. The transferee will be required by the Commission to comply
with all the requirements of the license as though it were the original
licensee.
    Applicants Contact: For transferor (Pacific Gas and Electric
Company): Ms. Kimberly Ognisty, Senior Counsel, Law, 77 Beale Street,
B30A-3005, San Francisco, CA 94105, Phone:<PHONE_NUMBER>, Email:
[email protected] and Ms. Jan Nimick, VP-Power Generation, 245
Market Street, Room 1163, San Francisco, CA 94105, Phone: (415) 973-
0629, Email: [email protected]
    For transferee (Tule Hydro LLC): Ms. Miriah Elliott, Director of
Operations, 711 E Turtle Point Drive, Ivins, UT 84738, Phone: (801)
891-4147, Email: [email protected] and Mr. Ted Sorenson, PE,
Manager, 711 E Turtle Point Drive, Ivins, UT 84738, Phone: (208) 589-
6908, Email: [email protected]
    FERC Contact: Anumzziatta Purchiaroni,<PHONE_NUMBER>,
[email protected].
    Deadline for filing comments, motions to intervene, and protests:
30 days from the date that the Commission issues this notice. The
Commission strongly encourages electronic filing. Please file comments,
motions to intervene, and protests using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at [email protected],<PHONE_NUMBER> (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, you may submit a
paper copy. Submissions sent via U.S. Postal Service must be addressed
to, Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent
via any other carrier must be addressed to, Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue,
Rockville, Maryland 20852. The first page of any filing should include
docket number P-1333-066. Comments emailed to Commission staff are not
considered part of the Commission record.

    Dated: May 16, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-10871 Filed 5-19-22; 8:45 am]
BILLING CODE 6717-01-P