EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA Registration Division contact: P. V. Shaw, Branch Chief, Inert Ingredient Assessment Branch,<PHONE_NUMBER>

TEMPLATE:

DuPont Tate & Lyle BioProducts, LLC

2E8091

	EPA has received a pesticide petition (2E8091) from DuPont Tate & Lyle BioProducts, LLC, 198 Blair Bend Drive, Loudon, TN   37774, requesting, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180 to establish an exemption from the requirement of tolerance for 1,3-propanediol (CAS Reg. No. 504-63-2) under 40 CFR §180.910 for pre- and post-harvest uses in pesticide formulations and 40 CFR §180.940 for food contact sanitizing solutions in public eating places, diary-processing equipment, and food-processing equipment and utensils, when used as an inert ingredient as a solvent, co-solvent, diluent, or freeze point depressant.  1,3-Propanediol would be used in or on the raw agricultural commodity and in the food contact sanitizing solution as an inert ingredient without limitation. EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of  FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

	1. Plant metabolism. [NA-Remove] Not required for the establishment of a tolerance exemption for inert ingredients.

	2. Analytical method. [NA-Remove] Not required for the establishment of a tolerance exemption for inert ingredients.

	3. Magnitude of residues. [NA-Remove] Not required for the establishment of a tolerance exemption for inert ingredients.

B. Toxicological Profile

     1. Acute toxicity.        1,3-Propanediol has low oral toxicity with a rat LD50 value of greater than 2000 mg/kg, low inhalation toxicity with a rat acute lethal dose greater than the highest dose tested of 1800 mg/m[3], and low dermal toxicity with a rat LD50 of greater than 4200 mg/kg/day.  1,3-Propanediol has low potential for eye irritation based on studies in rabbits. 1,3-Propanediol has low potential for skin irritation and sensitization based on studies in guinea pigs and humans.              2. Genotoxicity.             1,3-Propanediol was tested in 4 in vitro genetic toxicity studies involving bacterial and mammalian cells and mutagenicity and clastogenicity endpoints, and in a mouse micronucleus assay by the oral route of exposure.  This substance was not genetically toxic in vitro or in vivo.

     3. Reproductive and developmental toxicity.       1,3-Propanediol was not uniquely toxic to the developing fetus at any concentration tested.  No maternal or fetal effects were observed at 1000 mg/kg bw/day, the highest dose tested.

     The weight of evidence from multiple repeat-dose studies with 1,3-propanediol and reproductive studies with diols that are structurally related, indicate that 1,3-propanediol is unlikely to affect fertility and be reproductively toxic.  There were no pathological or histopathological indicators of reproductive toxicity in the 90-day toxicity study (reproductive organs and sperm parameters) observed following exposure to 1,3-propanediol in Sprague-Dawley rats at doses of 1000 mg/kg/day.  Results for similar diols in rat repeat-dose toxicity rat studies, support the prediction that 1,3-propanediol will not be reproductively toxic.

     4. Subchronic toxicity.       1,3-Propanediol has been evaluated for repeated exposure toxicity in 14-day and 90-day oral toxicity studies in rats, and in a 10-day inhalation toxicity study in rats. The NOEL for 14-day and 90-day repeat-dose oral toxicity is 1000 mg/kg bw/day, the highest dose tested.  The inhalation NOEC is 1800 mg/m[3], the highest dose tested.  This substance has a low potential for repeated exposure toxicity, with no specific target tissues of toxicity identified.

     5. Chronic toxicity.       1,3-Propanediol did not produce genetic damage when tested in bacterial and mammalian cells or in laboratory animals, and carcinogenicity via genetic mechanisms is not anticipated.  No tissue damage or systemic effects were observed during repeated inhalation or oral studies at high exposure, and carcinogenicity by epigenetic mechanisms is not predicted.  Carcinogenicity studies for similar diols demonstrated a lack of carcinogenicity, supporting the low potential for carcinogenicity of 1,3-propanediol.

     6. Animal metabolism.

     Physical-chemical properties help estimate toxicokinetic behavior in mammalian systems.  1,3-Propanediol has a low octanol-water partition coefficient, low vapor pressure, is water soluble, and is readily biodegraded.  These properties are indicators that 1,3-propanediol will be rapidly absorbed by the oral and inhalation routes of exposure and be rapidly metabolized to carbon dioxide and water.  Scientific literature collectively supports a rapid metabolism and transient formation of aldehyde, semi-aldehyde, and acid metabolites.

     7. Metabolite toxicology.             The proposed metabolic pathway for 1,3-propanediol follows that for other simple alcohols where alcohol and aldehyde dehydrogenase enzymes sequentially break down this substance to acids used in intermediary metabolism.  Transient metabolites are not expected to be of toxicological concern.

     8. Endocrine disruption.             This class of chemistry does not belong to a class of chemicals known or suspected of having adverse effects on the endocrine system.       C. Aggregate Exposure

The Federal Food, Drug, and Cosmetic Act (FFDCA) section 408 directs EPA to consider available information concerning exposures from the pesticide residue in food and all other non-occupational exposures, including drinking water from ground water or surface water and exposure through pesticide use in gardens, lawns, or buildings (residential and other indoor uses).

For 1,3-propanediol, a qualitative assessment for all pathways of human exposure (food, drinking water, and residential) is appropriate given the lack of human health concerns associated with exposure to 1,3-propanediol as an inert ingredient in pesticide formulations and food contact surface sanitizing solutions.

      1.       Dietary exposure. Human exposures to residues of 1,3-propanediol may occur via the dietary (food and drinking water) and/or residential pathways of exposure.                i.       Food. For the dietary pathway, exposure to residues of 1,3-propanediol would primarily be through the oral route, via consumption of raw agricultural commodities to which pesticide products containing 1,3-propanediol have been applied, food contact with sanitizing solutions on hard surfaces, and/or via consumption of drinking water.

      ii. 	Drinking water. Based on the environmental fate properties of 1,3-propanediol, it is expected to biodegrade readily and not bioaccumulate in the environment.  It is also soluble, non-volatile, with some mobility.  Exposure to 1,3-propanediol in drinking water is likely to be low.

      2. 	Non-dietary exposure. Exposure may occur via the residential pathway of   exposure (dermal and inhalation routes of exposure), through the use of residential pesticide products containing 1,3-propanediol as an inert ingredient (i.e., insecticides, fungicides, and herbicides), and contact with hard surfaces that contain residual sanitizing solutions.  While dermal exposure may be possible, inhalation exposure is expected to be minimal due to its lack of volatility.

D. Cumulative Effects

	Section 408(b)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider "available information" concerning the cumulative effects of a particular pesticide's residues and "other substances that have a common mechanism of toxicity".

No adverse effects have been demonstrated following exposure to 1,3-propanediol by all routes of exposure, and a common mechanism of toxicity has not been established.  1,3-propanediol has not been shown to produce toxic metabolites.

E. Safety Determination

	1. U.S. population. 1,3-Propanediol is expected to be safe as used in pesticides and food contact sanitizing solutions as a solvent/cosolvent based on a lack of toxic effects in the studies described above and limited exposure.

	2. Infants and children. 1,3-Propanediol did not exhibit any form of toxicity in repeat-dose studies at limit doses, and there is no reason to believe that infants or children would be more susceptible to the potential effects of 1,3-propanediol.

F. International Tolerances

1,3-Propanediol has a food contact specific migration limit (SML) of 0.5 mg/kg food in Europe, with no further restrictions.

1,3-Propanediol was the subject of a GRAS notification (GRN 302) that identified maximum concentrations for various food categories, and a predicted daily intake of 34 mg/kg bw/day.

1,3-Propanediol is approved as a non-food use inert ingredient in pesticide products at a maximum of 25% by weight in final pesticide formulations.


[Federal Register: January 8, 2007 (Volume 72, Number 4)]
[Notices]
[Page 779-780]
[DOCID:fr08ja07-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos.: P-2197-073 and P-2206-030]

Alcoa Power Generating, Inc.; Notice of Application Accepted for
Filing and Soliciting Motions To Intervene and Protests

December 28, 2006.
    Take notice that the following hydroelectric applications have been
filed with the Commission and are available for public inspection.
    a. Type of Applications: New Major Licenses.
    b. Project Nos.: P-2197-073 and P-2206-030.
    c. Dates filed: April 25, 2006 and April 26, 2006.
    d. Applicants: Alcoa Power Generating, Inc. and Carolina Power and
Light Company d/b/a/ Progress Energy Carolinas, Inc.
    e. Names of Projects: Yadkin Hydroelectric Project and Yadkin-Pee
Dee River Hydroelectric Project.
    f. Locations: The Yadkin Project is located on the Yadkin River in
Davidson, Davie, Montgomery, Rowan, and Stanly Counties, North
Carolina. The Yadkin-Pee Dee River Project is located on the Yadkin and
Pee Dee Rivers in Anson, Montgomery, Richmond, and Stanly Counties,
North Carolina. There are no federal lands affected by these projects.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. Sec. Sec.
791(a)-825(r).
    h. Applicant Contacts: Yadkin Project--Mr. Gene Ellis, Licensing
and Property Manager, Alcoa Power Generating, Inc., Yadkin Division,
P.O. Box 576, NC Highway 740, Badin, NC 28009-0576.
    Yadkin-Pee Dee Project--E. Michael Williams, Senior Vice President
Power Operations, Progress Energy, 410 S. Wilmington Street PEB 13,
Raleigh, North Carolina 27602; Telephone<PHONE_NUMBER>.
    i. FERC Contacts: Stephen Bowler at<PHONE_NUMBER> or
<EMAIL_ADDRESS>or Lee Emery at<PHONE_NUMBER> or

<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests: February
26, 2007.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    Motions to intervene and protests may be filed electronically via
the Internet in lieu of paper. The Commission strongly encourages
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's Web site (http://www.ferc.gov) under the ``e-

Filing'' link.
    k. This application has been accepted, but is not ready for
environmental analysis at this time.
    l. The existing Yadkin Project consists of four developments on the
Yadkin River: High Rock, Tuckertown, Narrows, and Falls. The High Rock
development is the furthest upstream development, located at river mile
(RM) 253, and includes the following existing facilities: (1) A dam and
spillway; (2) 10 flood gates; (3) a 14,400-acre reservoir, with a
normal pool elevation of 623.9 feet U.S. Geological Survey (USGS) datum
and a usable storage capacity of 217,400 acre-feet; and (4) a
powerhouse, integral to the dam, containing three turbine-generator
units with a total installed capacity of 32 megawatts (MW).
    The Tuckertown development (RM 244.3) includes the following
existing facilities: (1) Dam; (2) spillway with 11 gates; (3) a 2,560-
acre reservoir, with a normal pool elevation of 564.7 feet USGS and a
usable storage capacity of 6,700 acre-feet; and (4) a powerhouse,
integral to the dam, containing three turbine-generator units with a
total installed capacity of 38 MW.
    The Narrows development (RM 236.5) includes the following existing
facilities: (1) A dam and spillway; (2) 22 flood gates and a trash
gate; (3) an intake structure with four openings each with two gates;
(4) four penstocks; (5) a powerhouse downstream of the dam; (6) a
bypass spillway with 10 control gates and a trash gate; (7) a 5,355-
acre reservoir, with a normal pool elevation of 509.8 feet USGS and a
usable storage capacity of 129,100 acre-feet; and (8) four turbine-
generators with a total installed capacity of 108 MW.
    The Falls development (RM 234) includes the following constructed
facilities: (1) A dam; (2) a spillway with 12 flood gates and a trash
gate; (3) a 204-acre reservoir, with a normal pool elevation of 332.8
feet USGS and a usable storage capacity of 940 acre-feet; and (4) a
powerhouse, integral to the dam, and containing three turbine-
generators with a total installed capacity of 31 MW.
    Alcoa Generating operates the High Rock development in a store-and-
release mode and the Tuckertown, Narrows, and Falls developments in a
run-of-river mode on a daily basis. The High Rock development provides
storage for the three downstream developments. The maximum annual
drawdown for High Rock is 13 feet.
    The existing Yadkin-Pee Dee Project consists of the Tillery
development on the Yadkin and Pee Dee Rivers and the Blewett Falls
development on the Pee Dee River. The Tillery development (RM 218)
includes the following existing facilities: (1) A dam and spillway; (2)
18 flood gates; (3) a trash sluice gate; (4) a 5,697-acre reservoir,
with a normal pool elevation of 277.3 feet North American Vertical
Datum of 1988 (NAVD 88) and a usable storage capacity of 84,150 acre-
feet; (5) a powerhouse, integral to the dam, containing four turbine-
generators with a total installed capacity of 84 MW;

and (6) a small turbine powering a ``house generator'' with an
installed capacity of 360 kW.
    The Blewett Falls development (RM 188.2) includes the following
existing facilities: (1) A dam and spillway; (2) wooden flashboards;
(3) a 2,866-acre reservoir, with a normal pool elevation of 177.2 feet
NAVD 88 and a usable storage capacity of 30,893 acre-feet; (4) a
powerhouse, integral to the dam, containing six pairs of turbine-
generators, each pair with its own penstock and headgate, for a total
installed capacity of 24.6 MW; and (5) a 900-foot-long tailrace
channel.
    The Tillery development is operated as a peaking facility with a
typical drawdown of not more than 4 feet under normal conditions. The
Blewett Falls development is operated as a re-regulating facility,
smoothing out flows released from the upstream developments.
    Alcoa Generating and Progress Energy propose to continue operating
the projects with proposed protection and enhancement measures.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''

link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    n. Anyone may submit a protest or a motion to intervene in
accordance with the requirements of Rules of Practice and Procedure, 18
CFR 385.210, 385.211, and 385.214. In determining the appropriate
action to take, the Commission will consider all protests filed, but
only those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any protests
or motions to intervene must be received on or before the specified
deadline date for the particular application.
    All filings must (1) bear in all capital letters the title
``PROTEST'' or ``MOTION TO INTERVENE;'' (2) set forth in the heading
the name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-22679 Filed 1-5-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: April 5, 2007 (Volume 72, Number 65)]
[Notices]
[Page 16781-16782]
[DOCID:fr05ap07-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-14-000; BLM Reference No. 2880/UTU-82750 and WYW-67229
(EA No. UT-080-06-156)]

Wyoming Interstate Company, Ltd.; Notice of Availability of the
Environmental Assessment for the Proposed Kanda Lateral and Mainline
Expansion Project

March 30, 2007.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission), with the cooperation of the U.S. Department of Interior,
Bureau of Land Management (BLM) and the Sweetwater County Conservation
District, has prepared an environmental assessment (EA) on the natural
gas pipeline facilities proposed by Wyoming Interstate Company, Ltd. in
the above-referenced docket.
    The EA was prepared to satisfy the requirements of the National
Environmental Policy Act. The staff concludes that approval of the
proposed Kanda Lateral and Mainline Expansion Project, with appropriate
mitigating measures, would not constitute a major federal action
significantly affecting the quality of the human environment.
    The BLM is participating as a cooperating agency in the preparation
of the EA because the project would cross federal lands under BLM
administration

in Utah and Wyoming. The EA will be used by the BLM to consider the
issuance of a right-of-way grant for the portion of the project on
Federal lands.
    The EA assesses the potential environmental effects of the
construction and operation of the proposed project. The project is
comprised of two components. The first component includes 123.7 miles
of 24-inch-diameter pipeline commencing at a new interconnect in Uintah
County, Utah and traversing in a northerly direction through Daggett
County, Utah to a proposed interconnect in Sweetwater County, Wyoming.
The second component involves the installation of two compressor units
at the existing Wamsutter Compressor Station located in Sweetwater
County, Wyoming. The proposed pipeline would deliver up to 400,000
decatherms per day to Kerr-McGee Corporation in response to increasing
gas production in the Uintah Basin in eastern Utah to West, Central,
and Eastern markets. Additional pipeline facilities would consist of
pig launchers/receivers, meter stations and associated interconnects,
and mainline block valves.
    The EA has been placed in the public files of the FERC. A limited
number of copies of the EA are available for distribution and public
inspection at: Federal Energy Regulatory Commission, Public Reference
Room, 888 First Street, NE., Room 2A, Washington, DC 20426, (202) 502-
8371.
    Copies of the EA have been mailed to federal, state and local
agencies, public interest groups, Native American tribes, interested
individuals, local libraries, newspapers, and parties to this
proceeding.
    Any person wishing to comment on the EA may do so. To ensure
consideration prior to a Commission decision on the proposal, it is
important that we receive your comments before the date specified
below.
    Please note that the Commission strongly encourages electronic
filing of any comments or interventions or protests to this proceeding.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site at http://www.ferc.gov under the ``e-Filing'' link and the

link to the User's Guide. Before you can file comments you will need to
create a free account which can be created by clicking on ``Sign-up''.
    If you are filing written comments, please carefully follow these
instructions to ensure that your comments are received in time and
properly recorded:
     Send an original and two copies of your comments to:
Philis J. Posey, Acting Secretary, Federal Energy Regulatory
Commission, 888 First St., NE., Room 1A, Washington, DC 20426;
     Reference Docket No. CP07-14-000;
     Label one copy of the comments for the attention of the
Gas Branch 1, PJ-11.1, and
     Mail your comments so that they will be received in
Washington, DC on or before April 30, 2007.
    Comments will be considered by the Commission but will not serve to
make the commentor a party to the proceeding. Any person seeking to
become a party to the proceeding must file a motion to intervene
pursuant to Rule 214 of the Commission's Rules of Practice and
Procedures (18 CFR 385.214).\1\ Only intervenors have the right to seek
rehearing of the Commission's decision.
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    \1\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
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    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your comments considered.
    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link. Click on

the eLibrary link, click on ``General Search'' and enter the docket
number excluding the last three digits in the Docket Number field. Be
sure you have selected an appropriate date range. For assistance,
please contact FERC Online Support at<EMAIL_ADDRESS>or
toll free at 1-866-208-3676, or for TTY, contact<PHONE_NUMBER>. The
eLibrary link also provides access to the texts of formal documents
issued by the Commission, such as orders, notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

    Information concerning the involvement of the BLM is available from
Mark A. Mackiewicz, National Project Manager, at<PHONE_NUMBER>.

Philis J. Posey,
 Acting Secretary.
 [FR Doc. E7-6316 Filed 4-4-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 20, 2010 (Volume 75, Number 202)]
[Rules and Regulations]
[Page 64641-64642]
[DOCID:fr20oc10-4]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 200, 232, 240, and 249

[Release Nos. 33-9151; 34-63109; IC-29462; File No. S7-10-09]
RIN 3235-AK27

Facilitating Shareholder Director Nominations

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; notice of stay of effective and compliance dates.

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SUMMARY: By order dated October 4, 2010 (Release No. 33-9149, 34-
63031), the Securities and Exchange Commission (``Commission'') stayed
from November 15, 2010 until the resolution of the petition for review
in Business Roundtable, et al. v. SEC, No. 10-1305 (D.C. Cir., filed
Sept. 29, 2010) (``Business Roundtable''), the effective and compliance
dates of amendments to the federal proxy and related rules that the
Commission adopted to facilitate the effective exercise of
shareholders' traditional state law rights to nominate and elect
directors to company boards of directors. We are publishing this
release in the Federal Register to provide additional notice regarding
the change in effective and compliance dates of the amendments.

DATES: Effective Date: The effective and compliance dates of the final
rules published on September 16, 2010 (75 FR 56668) amending 17 CFR
parts 200, 232, 240 and 249, which were to become effective on November
15, 2010, are delayed until further notice. The Commission will publish
a document in the Federal Register announcing the effective and
compliance dates of the final rules following the resolution of the
petition for review in Business Roundtable. This document does not
affect any rules in the above-referenced parts currently in effect.

SUPPLEMENTARY INFORMATION: On September 16, 2010, the Commission
published final rules \1\ in the Federal Register (75 FR 56668) with
the effective date of November 15, 2010, and a compliance date of
November 15, 2010, except that companies that qualify as ``smaller
reporting companies'' (as defined in 17 CFR 240.12b-2) as of the
effective date of the final rules will not be subject to Rule 14a-11
until three years after the effective date. The Commission entered an
order on October 4, 2010, staying the effective and compliance dates of
the final rules until the resolution of the petition for review in
Business Roundtable.
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    \1\ The final rules include Exchange Act Rule 14a-11 and
associated amendments, such as Schedule 14N, Exchange Act Rule 14a-
18, and amendments to Exchange Act Rule 14a-2, as well as amendments
to Exchange Act Rule 14a-8.

FOR FURTHER INFORMATION CONTACT: Lillian Brown, Tamara Brightwell, or
Ted Yu, Division of Corporation Finance, at<PHONE_NUMBER>, U.S.
Securities and Exchange Commission, 100 F Street, NE., Washington, DC
20549.
    As discussed in the preamble above, pursuant to the October 4, 2010
order, which was issued under the authority in Section 25(c)(2) of the
Securities Exchange Act of 1934, as amended, and Section 705 of the
Administrative Procedure Act, the effective and compliance dates for
the final rules published on September 16, 2010 (75 FR 56668) amending
Title 17, Chapter II of the Code of Federal Regulations, are delayed
until further notice.

    Dated: October 14, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-26348 Filed 10-19-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 17, 2008 (Volume 73, Number 138)]
[Rules and Regulations]
[Page 40972-40977]
[DOCID:fr17jy08-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-1029; FRL-8689-7]

Approval and Promulgation of Air Quality Implementation Plans;
Texas; Control of Air Pollution from Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Texas. This revision, adopted by Texas on
November 15, 2006, and submitted to EPA on December 13, 2006, extends
requirements to reduce volatile organic compound (VOC) emissions in the
Dallas-Fort Worth (DFW) area. Specifically, this revision extends
requirements for control of VOC emissions to the five counties that
were added to the DFW nonattainment area under the 1997 8-hour ozone
standard designation: Ellis, Johnson, Kaufman, Parker, and Rockwall,
and the affected VOC sources will be subject to the same emission
limitation, control, monitoring, testing, recordkeeping, and recording
requirements already in effect in Collin, Dallas, Denton, and Tarrant
counties. As a result of this action, these new VOC control
requirements will be consistent for all nine counties in the DFW ozone
nonattainment area. This revision meets statutory and regulatory
requirements, and is consistent with EPA's guidance. EPA is approving
this revision pursuant to section 110, 116 and part D of the Federal
Clean Air Act (CAA).

DATES: This direct final rule will be effective September 15, 2008
without further notice, unless EPA receives relevant adverse comments
by August 18, 2008. If EPA receives such comment, EPA will publish a
timely withdrawal of the direct final rule in the Federal Register
informing the public that this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2006-1029, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     EPA Region 6 ``Contact Us'' Web site: http://epa.gov/
region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
     E-mail: Mr. Guy Donaldson at<EMAIL_ADDRESS>Please
also send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number<PHONE_NUMBER>.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2006-1029. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT

paragraph below or Mr. Bill Deese at<PHONE_NUMBER> to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
    Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Ellen Belk, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>; fax number
214-665-7263; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION

I. General Information

    Throughout this document, whenever ``we'', ``us'' or ``our'' is
used, we mean the EPA.

II. Rulemaking Information

    This section is organized as follows:

A. What Action Is EPA Taking?
B. What Are the Requirements of Texas' New Regulation?
C. Why Is EPA Approving Texas' Regulation?
D. What Is the Process for EPA to Approve This SIP Revision?

A. What Action Is EPA Taking?

    EPA is approving Texas' Chapter 115 ``Control of Air Pollution from
Volatile Organic Compounds'' amendments to Sec. Sec.  115.10, 115.119,
115.129, 115.139, 115.149, 115.219, 115.239, 115.319, 115.359, 115.419,
115.439, 115.449, 115.519, and 115.539 which subject VOC-emitting
sources located in Ellis, Johnson, Kaufman, Parker, and Rockwall
Counties to the same emission limitation, control, monitoring, testing,
recordkeeping, and recording requirements in effect in Collin, Dallas,
Denton, and Tarrant Counties, the other four counties in the DFW 8-hour
ozone nonattainment area. The revisions were adopted by Texas on
November 15, 2006, and submitted to EPA on December 13, 2006.

B. What Are the Requirements of Texas' New Regulation?

    The DFW area is classified as a moderate nonattainment area for the
1997 8-hour ozone standard. This rule will affect VOC-emitting
facilities in five counties of the DFW 8-hour ozone nonattainment area.
Table 1 lists the affected Texas Counties:

             Table 1.--Counties Affected by This Rulemaking
------------------------------------------------------------------------
    Counties in DFW 8-hour ozone nonattainment area affected by this
                               rulemaking
-------------------------------------------------------------------------
Ellis
Johnson
Kaufman
Parker
Rockwall
------------------------------------------------------------------------

    Texas' Chapter 115 regulations control VOC emissions for many
categories of sources. In particular, this rulemaking affects the TAC
Subchapters and Divisions listed in Table 2:

    Table 2.--Texas Administrative Code (TAC) Chapter 115 Subchapters
                       Affected by This Rulemaking
------------------------------------------------------------------------
                   Chapter 115 subchapter                      Section
------------------------------------------------------------------------
A Definitions                                                     115.10
B General VOC Sources
    Division 1 Storage of VOCs.............................      115.119
    Division 2 Vent Gas Control............................      115.129
    Division 3 Water Separation............................      115.139
    Division 4 Industrial Wastewater.......................      115.149
C VOC Transfer Operations
    Division 1 Loading and Unloading of VOCs...............      115.219
    Division 3 Control of VOC Leaks from Transport Vessels.      115.239
D Petroleum Refining, Natural Gas Processing, and
 Petrochemical Processes
    Division 1 Process Unit Turnaround and Vacuum-Producing      115.319
     Systems in Petroleum Refineries.......................
    Division 3 Fugitive Emission Control in Petroleum            115.359
     Refining, Natural Gas/Gasoline Processing, and
     Petrochemical Processes in Ozone Nonattainment Areas..
E Solvent-Using Processes
    Division 1 Degreasing Processes........................      115.419
    Division 3 Flexographic and Rotogravure Printing.......      115.439
    Division 4 Offset Lithographic Printing................      115.449
F Miscellaneous Industrial Sources
    Division 1 Cutback Asphalt.............................      115.519
    Division 2 Pharmaceutical Manufacturing Facilities.....      115.539
------------------------------------------------------------------------

    To determine whether a specific facility in one of the above
counties will be affected by one or more of the above revisions, see
Texas' associated rule revisions included in the docket.
    This rule requires compliance with the specified VOC control
requirements by March 1, 2009.

C. Why Is EPA Approving Texas' Revisions?

    On May 23, 2007, the Texas Commission on Environmental Quality
(TCEQ or Texas) approved revisions to the SIP for the DFW 8-hour ozone
nonattainment area. The SIP revisions were submitted to EPA on May 30,
2007. Extending requirements for control of VOC emissions to the
additional counties will help to attain and maintain the 8-hour ozone
standard in the DFW area. Our approval of the revised Texas regulations
will make them federally enforceable. EPA is evaluating Texas' analysis
for Reasonable Available Control Technology (RACT) for NOX
and VOC in actions which are separate from this one.
    EPA has evaluated the Chapter 115 revisions and finds they enhance
the SIP by extending existing VOC control requirements to additional
counties. The specific requirements for the regulation and EPA's
evaluation of these requirements are detailed in the Technical Support
Document (TSD), which is available in the docket

supporting this action. Also, Texas' Chapter 115 revisions are included
in the docket.

D. What Is the Process for EPA to Approve This SIP Revision?

    The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate documents
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This action will be effective September 15,
2008 without further notice, unless EPA receives relevant adverse
comments by August 18, 2008.
    If EPA receives such comment, EPA will publish a timely withdrawal
of the direct final rule in the Federal Register informing the public
that this rule will not take effect. All public comments received will
then be addressed in a subsequent final rule based on the proposed
rule. The EPA will not institute a second comment period. Parties
interested in commenting should do so at this time. If no such comments
are received, the public is advised that this rule will be effective on
September 15, 2008 and no further action will be taken on the proposed
rule. Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

III. Final Action

    EPA is approving Texas' Chapter 115 Control of Air Pollution from
Volatile Organic Compounds amendments to Sec. Sec.  115.10, 115.119,
115.129, 115.139, 115.149, 115.219, 115.239, 115.319, 115.359, 115.419,
115.439, 115.449, 115.519, and 115.539 which extend requirements for
control of VOC emissions to sources located in Ellis, Johnson, Kaufman,
Parker, and Rockwall Counties, and incorporating this regulation into
the Texas SIP.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Because this rule
merely proposes to approve a state rule implementing a Federal
standard, EPA lacks the discretionary authority to modify today's
regulatory decision on the basis of environmental justice
considerations.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit September 15, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: July 1, 2008.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart SS--Texas

0
2. The table in Sec.  52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended under Chapter 115 (Reg 5)--Control of Air
Pollution from Volatile Organic Compounds by:
0
a. Revising the entries for Sections 115.10, 115.119, 115.129, 115.139,
115.149, 115.219, 115.239, 115.319, 115.359, 115.419, 115.439, 115.449,
115.519, and 115.539;
0
b. Revising the title of Division 3 under Subchapter B to read
``Division 3: Water Separation''.
0
The revisions read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                                        EPA-Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                State
          State citation                Title/subject         approval/               EPA approval date                         Explanation
                                                           submittal date
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Subchapter A--Definitions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 115.10....................  Definitions..........        11/15/06  07/17/08 [Insert FR page number where   .....................................
                                                                            document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Subchapter B--General Volatile Organic Compound Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Division 1: Storage of Volatile Organic Compounds
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Section 115.119...................  Counties and                 11/15/06  07/17/08 [Insert FR page number where   .....................................
                                     Compliance Schedules.                  document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Division 2: Vent Gas Control
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Section 115.129...................  Counties and                 11/15/06  07/17/08 [Insert FR page number where   .....................................
                                     Compliance Schedules.                  document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Division 3: Water Separation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Section 115.139...................  Counties and                 11/15/06  07/17/08 [Insert FR page number where   .....................................
                                     Compliance Schedules.                  document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Division 4: Industrial Wastewater
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Section 115.149...................  Counties and                 11/15/06  07/17/08 [Insert FR page number where   .....................................
                                     Compliance Schedules.                  document begins].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Subchapter C--Volatile Organic Compound Transfer Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Division 1: Loading and Unloading of Volatile Organic Compounds
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Section 115.219...................  Counties and                 11/15/06  07/17/08 [Insert FR page number where   .....................................
                                     Compliance Schedules.                  document begins].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Division 3: Control of Volatile Organic Compound Leaks From Transport Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Section 115.239...................  Counties and                 11/15/06  07/17/08 [Insert FR page number where   .....................................
                                     Compliance Schedules.                  document begins].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                  Subchapter D--Petroleum Refining, Natural Gas Processing, and Petrochemical Processes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                Division 1: Process Unit Turnaround and Vacuum-Producing Systems in Petroleum Refineries
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Section 115.319...................  Counties and                 11/15/06  07/17/08 [Insert FR page number where   .....................................
                                     Compliance Schedules.                  document begins].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
 Division 3: Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical Processes in Ozone Nonattainment Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Section 115.359...................  Counties and                 11/15/06  07/17/08 [Insert FR page number where   .....................................
                                     Compliance Schedules.                  document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Subchapter E--Solvent-Using Processes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Division 1: Degreasing Processes
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Section 115.419...................  Counties and                 11/15/06  07/17/08 [Insert FR page number where   .....................................
                                     Compliance Schedules.                  document begins].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Division 3: Flexographic and Rotogravure Printing
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Section 115.439...................  Counties and                 11/15/06  07/17/08 [Insert FR page number where   .....................................
                                     Compliance Schedules.                  document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Division 4: Offset Lithographic Printing
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Section 115.449...................  Counties and                 11/15/06  07/17/08 [Insert FR page number where   .....................................
                                     Compliance Schedules.                  document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Subchapter F--Miscellaneous Industrial Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Division 1: Cutback Asphalt
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Section 115.519...................  Counties and                 11/15/06  07/17/08 [Insert FR page number where   .....................................
                                     Compliance Schedules.                  document begins].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Division 2: Pharmaceutical Manufacturing Facilities
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Section 115.539...................  Counties and                 11/15/06  07/17/08 [Insert FR page number where   .....................................
                                     Compliance Schedules.                  document begins].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
 [FR Doc. E8-15729 Filed 7-16-08; 8:45 am]

BILLING CODE 6560-50-P


Comment Info: =================

General Comment:A 75 day comment period is insufficient time for the vaping industry and the wider vaping community to comment on the proposed deeming regulations. Vaping has completely transformed my life for the better and I feel that to adequately comment on the proposed regulation, more time is necessary. I would respectfully request that the period for comment be extended to 180 days.

Respectfully, Amber Hart-Michelem


[Federal Register: August 17, 2006 (Volume 71, Number 159)]
[Notices]
[Page 47493]
[DOCID:fr17au06-39]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP05-164-007]

Equitrans, L.P.; Notice of Compliance Filing

August 10, 2006.
    Take notice that on August 3, 2006, Equitrans L.P. (Equitrans)
filed an amendment in Docket No. RP05-164-007 to make corrections and
clarifications to certain tariff sheets. Second Substitute First
Revised Sheet No. 504 was submitted with the correct pagination.
    Any person desiring to protest this filing must file in accordance
with Rule 211 and 214 of the Commission's Rules of Practice and
Procedure (18 CFR 385.211 and 385.214). Protests to this filing will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Such protests must be filed on or before the date as
indicated below. Anyone filing a protest must serve a copy of that
document on all parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-13534 Filed 8-16-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 10, 2010 (Volume 75, Number 27)]
[Rules and Regulations]
[Page 6576]
[DOCID:fr10fe10-7]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2008-0923; FRL-8809-4]

Exemption from the Requirement of a Tolerance; Technical
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION:  Final rule; technical amendmemt.

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

SUMMARY: EPA issued a final rule in the Federal Register of June 3,
2009, concerning minor technical revisions of certain commodity terms
listed under 40 CFR part 180, subpart D. The fungal active ingredient
Aspergillus flavus NRRL 21882 was inadvertently revised. This document
is being issued to amend the section to include text that was omitted.

DATES: This final rule is effective February 10, 2010.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2008-0923. All documents in the
docket are listed in the docket index available in http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT:  For 40 CFR 180.1254 only contact:
Shanaz Bacchus, Biopesticides and Pollution Prevention Division
(7511P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington DC 20460-0001; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>    For other matters regarding EPA-HQ-OPP-2008-0923: Stephen Morrill,
Biopesticides and Pollution Prevention Division (7511P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington DC 20460-0001; telephone number:<PHONE_NUMBER>;
fax number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    The Agency included in the final rule a list of those who may be
potentially affected by this action. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed under FOR FURTHER INFORMATION CONTACT.

II. What Does this Technical Amendment Do?

    This technical amendment revises Sec.  180.1254 to reinstate text
that was inadvertently omitted in a final rule that was published in
the Federal Register of June 3, 2009 (74 FR 26527) (FRL-8417-9). The
June 3, 2009 final rule revised Sec.  180.1254, however; the revision
omitted text which which had been added as paragraph (b) in a final
rule published in the Federal Register on October 1, 2008 (73 FR
56995).

III. Why is this Technical Amendment Issued as a Final Rule?

    Section 553 of the Administrative Procedure Act (APA), (5 U.S.C.
553(b)(3)(B)), provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the Agency may issue a final rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this technical
correction final without prior proposal and opportunity for comment,
because the omission was the result of clerical error and was neither
proposed nor commented upon. Notice and comment is therefore
unnecessary.

IV. Do Any of the Statutory and Executive Order Reviews Apply to this
Action?

    No. This action only corrects the omission for a previously
published final rule and does not impose any new requirements. EPA's
compliance with the statutes and Executive orders for the underlying
rule is discussed in Unit III. of the final rule published on June 3,
2009 (74 FR 26527).

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: January 21, 2010.
Keith A. Matthews,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.

0
Therefore, 40 CFR part 180 is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 321(q), 346a and 371.

0
2. Section 180.1254 is revised to read as follows:

Sec.  180.1254  Aspergillus flavus NRRL 21882; exemption from the
requirement of a tolerance.

    (a) An exemption from the requirement of a tolerance is established
for residues of Aspergillus flavus NRRL 21882 on peanut; peanut, hay;
peanut, meal; and peanut, refined oil.
    (b) An exemption from the requirement of a tolerance is established
for residues of Aspergillus flavus NRRL 21882 on corn, field, forage;
corn, field, grain; corn, field, stover; corn, field, aspirated grain
fractions; corn, sweet, kernel plus cob with husk removed; corn, sweet,
forage; corn, sweet, stover; corn, pop, grain; and corn, pop, stover.
[FR Doc. 2010-2655 Filed 2-9-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 83, Number 83 (Monday, April 30, 2018)]
[Notices]
[Page 18839]
[FR Doc No: 2018-09040]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-1416-000]

CED Wistaria Solar, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding
CED Wistaria Solar, LLC's application for market-based rate authority,
with an accompanying rate tariff, 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 May 14, 2018.
    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
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street 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 electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected]. or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: April 24, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-09040 Filed 4-27-18; 8:45 am]
 BILLING CODE 6717-01-P


  From: Lydia Wegman/RTP/USEPA/US  To: "King, Heidi R."<EMAIL_ADDRESS> Cc: Deirdre Murphy/RTP/USEPA/US@EPA, Karen Martin/RTP/USEPA/US@EPA  Date: 01/26/2011 12:14 PM  Subject: Re: Final editorial interagency comment on CO NAAQS draft

Thanks Heidi. Does this mean this is the only other comment from the interagency review?  If we make this change, should we assume the package will be cleared and we should send a clean version to you through OP?  Thanks.


Clarification of Basis and Procedures for Downgrading/Suspending
Approval

 for Laboratories for the Analysis of Cryptosporidium Under the Long
Term 2 Enhanced Surface Water Treatment Rule

The U.S. Environmental Protection Agency’s (EPA’s) Office of Ground
Water and Drinking Water, in the Office of Water, prepared this
document.  EPA intends to use this document for its own use in approving
laboratories for analysis of drinking water contaminants.  In order to
assume primary enforcement responsibility for the drinking water
regulations, a State must either have available laboratory facilities,
approved by the Administrator, capable of conducting analytical
measurements of drinking water contaminants, or establish and maintain
its own program for approval of laboratories.   States wishing to adapt
the procedures and criteria of this document for their own approval
program should revise it to accurately reflect their State approval
program.

This is a protocol that is intended to clarify EPA’s intended practice
and procedures for laboratory approval and to reflect good laboratory
practice and standard proficiency evaluation in the industry; it is not
a regulation.  While EPA intends generally to follow the procedures laid
out in this document, not every situation is reflected in these
procedures and EPA may need to address case-specific situations in ways
that differ from the procedures spelled out here.  This document is not
a rule, is not legally enforceable, and does not confer legal rights or
impose legal requirements upon anyone.  EPA welcomes comment on this
protocol and may decide to revise this document without public notice to
reflect changes to its approach or to clarify and update the text.

 “Approved Laboratories” have demonstrated, and continue to
demonstrate, proficient and reliable detection and enumeration of
Cryptosporidium in surface water sources for public water systems.  They
have passed all elements in the Laboratory Quality Assurance Evaluation
Program for Analysis of Cryptosporidium under the Safe Drinking Water
Act (Lab QA Program) and continue to successfully participate in all
program activities.  Approved Laboratories notify the Approval Authority
(EPA individual(s) administering the program or State individual(s)
administering an equivalent laboratory certification program) of loss of
key personnel or essential equipment, change in policies or procedures
that directly affect the validity of data, and any other change
affecting the capability of the laboratory, including change in
location.

“Provisionally Approved Laboratories” have deficiencies, but
demonstrate their ability to consistently produce data of known quality.
 They continue to successfully participate in all Lab QA Program
activities.  A Provisionally Approved Laboratory may analyze drinking
water samples for Long Term 2 Enhanced Surface Water Treatment Rule
(LT2ESWTR) compliance purposes if the laboratory has identified
themselves as Provisionally Approved to their clients and any reports
clearly state that the laboratory’s status is “Provisionally
Approved.”

“Not Approved” designates a laboratory that has either not
participated in the Lab QA Program, or has applied to the program, but
possesses deficiencies and, in the opinion of the Approval Authority,
does not consistently produce data that have met all applicable method
quality control (QC) requirements or has falsified data.

Basis for Downgrading to “Provisionally Approved” Status

An Approved Laboratory (referred to as “laboratory”) may be
downgraded to “Provisionally Approved” status for Cryptosporidium
for any of the following reasons:

Failure to analyze samples for the LT2ESWTR according to the December
2005 version of EPA Method 1623 or EPA Method 1622, including all QA/QC
criteria;

Failure to document a minimum of 22 percent for on-going precision and
recovery (OPR) values in an updated QC chart prior to analysis of
LT2ESWTR samples at the frequency required in Section 9.7 of the method;

Failure to demonstrate proficiency based upon acceptable matrix spike
recoveries for all modifications of the method procedures per Section
9.1.2 of the method;

Failure to submit valid Proficiency Test (PT) results or meet PT
acceptance limits described by the Approval Authority for the first two
initial testing events, or two out of three regular testing events
administered by a vendor authorized by the Approval Authority.

 Acceptance Limits: laboratory mean recovery between ±2 standard
deviations (SD) of the mean recovery for all approved laboratories in a
given test event.

Recoveries below the mean recovery minus 2 SD will fail the PT test
event.

Recoveries higher than the mean recovery plus 2 SD trigger additional
evaluation, which may include one or more of the following:

On-site evaluation

Presence of a proctor when processing PT samples during the next test
event

Submission of PT microscope slides to the Approval Authority  before the
expiration of holding time during the next test event;

Failure to submit PT slides within three weeks of PT test event when
requested by the Approval Authority;

Failure to maintain records of method modifications per Section <IP_ADDRESS>
of the method;

Failure to notify the Approval Authority of loss of key personnel or
essential equipment, change in policies or procedures that directly
affect the validity of data, or other changes affecting the capability
of the laboratory, including change in location.  Laboratory approval
does not automatically survive such changes; the Approval Authority may
request an on-site or off-site evaluation and/or further proof of
compliance with all applicable method requirements;

Failure to submit on-site evaluation materials and any other requested
information within the time period requested by the Approval Authority;

Failure to participate satisfactorily in the Approval Authority Lab QA
Program and demonstrate proficiency based upon:

Sample and method holding time records;

Analyst verification skills;

Relative quality of positive staining control and OPR slides;

Acceptable performance of QC checks, including but not limited to, blind
slide counts; and

Acceptable precision and recovery values for all method variations.

Procedures for Downgrading to “Provisionally Approved” Status

The Approval Authority will notify the laboratory director or owner of
its intent to downgrade after becoming aware of the situation warranting
downgrading;

The laboratory director should review the problems cited, and within 30
days of receipt of the letter, send a letter to the Approval Authority
specifying immediate corrective actions that are being taken;

The Approval Authority will consider the adequacy of the response and
notify the laboratory in writing of its approval status, generally
within 14 days of receipt of the laboratory’s response;

After the Approval Authority notifies a laboratory, the Approval
Authority will post the laboratory’s status on the Web site list of
laboratories and may schedule an on-site evaluation of the laboratory;

The laboratory should identify and correct its problem(s) to the
Approval Authority’s satisfaction within 30 days of being notified of
the downgrade or have approval status suspended;

A Provisionally Approved laboratory may continue to analyze samples for
compliance purposes, but must identify its status as Provisionally
Approved on any report;

A laboratory may request that the Approval Authority or State provide
technical assistance to help identify and resolve any problem; however,
adequate performance is the laboratory’s responsibility and Approval
Authority assistance should not delay the downgrading procedure.

Basis for Suspending Approval Status

A laboratory may be downgraded from Approved or Provisionally Approved
status to “Not Approved” for any of the following reasons:

Repeated verification that all applicable method QC requirements have
been followed, when in fact they have not all been met;

Repeated failure to document acceptable OPR values prior to analysis of
LT2ESWTR samples;

Reporting PT data from another laboratory as its own;

Falsification of data or other deceptive practices, including false
verification that data submitted to the Data Collection and Tracking
System (DCTS) were generated using approved methods and met all method
QA/QC criteria;

Refusal or failure to participate in on-site or off-site evaluations
conducted by the Approval Authority.

Basis for Suspending Provisionally Approved Status

Failure to provide a letter to the Approval Authority within 30 days
that adequately explains what immediate corrective actions were taken;

Failure to identify and correct problems in response to downgrade within
30 days;

Failure to provide accurate OPR control charts to the Approval
Authority;

Failure to submit valid PT results for the next two consecutive
authorized PT test events within the acceptance limits specified;

Continued failure to use the analytical methodology specified in the
regulations;

Failure to correct deviations identified during an on-site evaluation
within 30 days;

Failure to provide requested demonstration, materials and documentation
within 30 days, including:

Acceptable matrix spike recoveries for all method variations per Section
9.1.2 of the method;

Bench sheets, examination forms or OPR charts for any samples requested;

Remote analyst verification;

Recent positive staining control and OPR microscope slides, one of each;

Blind slide counts for each analyst.

Procedures for Suspension

The Approval Authority will notify the laboratory, in writing, of its
intent to suspend approval.  If the laboratory wishes to request
reconsideration of this decision, it should submit such a request in
writing to the Approval Authority within 30 days of receipt of the
notice of intent to suspend approval.  The laboratory will generally be
downgraded immediately to “Provisional Approval” in the interim
while the suspension is being considered.  If no request for
reconsideration is filed, approval will be suspended.

The request for reconsideration should be supported with an explanation
of the reasons for the challenge and should be signed by a responsible
official from the laboratory, such as the president/owner for a
commercial laboratory, the laboratory supervisor of a municipal
laboratory, or the laboratory director for a State or Regional
laboratory.

The Approval Authority will make a decision and notify the laboratory in
writing, generally within 30 days of receipt of the request for
reconsideration.  If the request is determined to be valid, the Approval
Authority will take appropriate measures to reevaluate the facility and
notify the laboratory, in writing, of its decision, generally within 60
days of the reevaluation.

Denial of the request will generally result in suspension of the
laboratory’s approval.  Once approval is suspended, a public water
system may not use the laboratory to analyze source water samples for
compliance with LT2ESWTR source water monitoring requirements.  The
laboratory should notify its clients that it is no longer approved and
will not accept any more LT2ESWTR samples for analysis.

Upgrading or Reinstatement of Approval

Subject to the availability of resources, the Approval Authority will
consider written requests from the laboratory to seek upgrading or
reinstatement of approval.  Requests should state the reasons why the
laboratory should regain its approval status. The laboratory should
demonstrate that all deficiencies have been corrected and successfully
complete two consecutive authorized PT test events within acceptance
limits for Provisionally Approved laboratories or three consecutive
authorized PT test events within acceptance limits for suspended
laboratories.  The authorized PT test events being described here are
those submitted to all laboratories in the Lab QA Program, not special
issue blind samples purchased independently from the vendor.  The
laboratory should provide evidence why the reasons for downgrading or
suspension are no longer applicable and explain its technical
competence.  Acceptable demonstration of technical competence may
include an on-site evaluation and/or any other measure the Approval
Authority deems appropriate.  The Approval Authority will consider
compliance history, corrective actions implemented by the laboratory,
effectiveness of corrective actions, and professional judgment of the
Approval Authority.

Grievances

Laboratories with grievances during the authorized PT events or
regarding participation in the Lab QA Program should immediately contact
the Program Manager at the Approving Authority and try to remedy the
problem.  When the laboratory feels they have not gotten immediate or
satisfactory results, they should contact the supervisor at the
Approving Authority.  The management at the Approving Authority will
work with the Program Manager to quickly address grievances.  A final
decision for all grievances will be made generally within 30 days of
contacting the Approving Authority.

 PAGE

 PAGE   1


[Federal Register: October 11, 2007 (Volume 72, Number 196)]
[Notices]
[Page 57930-57931]
[DOCID:fr11oc07-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12930-000]

FFP Project 41, LLC; Notice of Application Accepted for Filing
and Soliciting Motions To Intervene, Protests, and Comments

October 3, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12930-000.
    c. Date Filed: August 6, 2007.
    d. Applicant: FFP Project 41, LLC.
    e. Name of Project: Ashley Point Project.
    f. Location: The project would be located on the Mississippi River
in Tunica County, Mississippi and Lee County, Arkansas. The project
uses no dam or impoundment.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Dan Irvin, FFP Project 41, LLC, 69 Bridge
Street, Manchester, MA 01944, phone<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Comments, protests, and interventions may be
filed electronically via the Internet in lieu of paper; see 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings. Please include the project number (P-12930-000) on
any comments or motions filed.

    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project consists of: (1)
7,400 proposed 20 kilowatt Free Flow generating units having a total
installed capacity of 148 megawatts, (2) a proposed transmission line,
and (3) appurtenant facilities. The FFP Project 41, LLC, project would
have an average annual generation of 648.24 gigawatt-hours and be sold
to a local utility.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street, NE., Room 2A,
Washington, DC 20426, or by calling<PHONE_NUMBER>. This filing may
also be viewed on the Commission's Web site at http://www.ferc.gov

using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    o. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    p. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR. 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``COMPETING
APPLICATION'', ``RECOMMENDATIONS FOR TERMS AND CONDITIONS'',
``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, and the Project
Number of the particular application to which the filing refers. Any of
the above-named documents must be filed by providing the original and
the number of copies provided by the Commission's regulations to: The
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    t. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-20020 Filed 10-10-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Notices]
[Page 22472]
[FR Doc No: 2023-07784]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4691-DR; Docket ID FEMA-2023-0001]

Tennessee; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Tennessee (FEMA-4691-DR), dated March 8, 2023, and
related determinations.

DATES: This change occurred on March 8, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Andrew D.
Friend, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of Brian F. Schiller as
Federal Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-07784 Filed 4-12-23; 8:45 am]
BILLING CODE 9111-23-P