[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Notices]
[Page 75080]
[FR Doc No: 2015-30402]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14686-000]

Energy Resources USA Inc.; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments and Motions To
Intervene

    On June 25, 2015, Energy Resources USA Inc., filed an application
for a preliminary permit, pursuant to section 4(f) of the Federal Power
Act (FPA), proposing to study the feasibility of a hydropower project
to be located at the U.S. Army Corps of Engineers' (Corps) David D.
Terry Lock and Dam on the Arkansas River near the town of Little Rock
in Pulaski County, Arkansas. The sole purpose of a preliminary permit,
if issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed project would consist of the following: (1) A 100-
foot-long overflow bank extension connecting to the existing dam; (2) a
770-foot-long, 200-foot-wide intake channel with a 85-foot-long
retaining wall; (3) a 220-foot-long, 90-foot-wide powerhouse containing
four generating units with a total capacity of 18 megawatts; (4) a 500-
foot-long, 200-foot-wide tailrace with a 85-foot-long retaining wall;
(5) a 4.16/69 kilo-Volt (kV) substation; and (6) a 4-mile-long, 69 kV
transmission line. The proposed project would have an estimated average
annual generation of 128,200 megawatt-hours, and operate as directed by
the Corps.
    Applicant Contact: Mr. Ander Gonzalez, Energy Resources USA Inc.,
2655 Le Jeune Road, Suite 804, Coral Gables, Florida 33134; Phone: +34
93 252 38 40; Email<EMAIL_ADDRESS>    FERC Contact: Christiane Casey<EMAIL_ADDRESS>(202)
502-8577.
    Competing Application: This application competes with Project No.
14664-000 filed March 3, 2015. Competing applications had to be filed
on or before July 20, 2015.
    Deadline for filing comments and motions to intervene: 60 days from
the issuance of this notice. Comments and motions to intervene may be
filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii)
and the instructions on the Commission's Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
(202) 502-8659. Although the Commission strongly encourages electronic
filing, documents may also be paper-filed. To paper-file, mail an
original and five copies to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14686) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: November 24, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-30402 Filed 11-30-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 111 (Friday, June 8, 2012)]
[Notices]
[Page 34034]
[FR Doc No: 2012-13879]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission hereby gives notice that
members of the Commission's staff may attend the following meetings
related to the transmission planning activities of the Southwest Power
Pool, Inc. (SPP):

Strategic Planning Committee Task Force on Order 1000

June 7, 2012

8:30 a.m.-3 p.m. CDT.

June 26, 2012

9:00 a.m.-3 p.m. CDT.

    The above-referenced meetings will be held at: AEP Offices, 1201
Elm Street, 8th Floor, Dallas, TX 75270.
    The above-referenced meetings are open to stakeholders.
    Further information may be found at www.spp.org.
    The discussions at the meetings described above may address matters
at issue in the following proceedings:
    Docket No. ER09-35-001, Tallgrass Transmission, LLC
    Docket No. ER09-36-001, Prairie Wind Transmission, LLC
    Docket No. ER09-548-001, ITC Great Plains, LLC
    Docket No. ER11-4105-000, Southwest Power Pool, Inc.
    Docket No. EL11-34-001, Midwest Independent Transmission System
Operator, Inc.
    Docket No. ER11-3967-002, Southwest Power Pool, Inc.
    Docket No. ER11-3967-003, Southwest Power Pool, Inc.
    Docket No. ER12-1179-000, Southwest Power Pool, Inc.
    Docket No. ER12-1415-000, Southwest Power Pool, Inc.
    Docket No. ER12-1460-000, Southwest Power Pool, Inc.
    Docket No. ER12-1610-000, Southwest Power Pool, Inc.

    For more information, contact Luciano Lima, Office of Energy
Markets Regulation, Federal Energy Regulatory Commission at (202) 502-
6210 or<EMAIL_ADDRESS>
    Dated: May 31, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-13879 Filed 6-7-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 11, 2010 (Volume 75, Number 47)]
[Notices]
[Page 11527-11528]
[DOCID:fr11mr10-40]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13617-000]

KC Hydro LLC; Notice of Competing Preliminary Permit Application
Accepted for Filing and Soliciting Comments

March 4, 2010.
    On November 6, 2009, KC Hydro LLC filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of a hydropower development at North
Unit Diversion Dam on the Deschutes River in Deschutes County, Oregon.
The sole purpose of a preliminary permit, if issued, is to grant the
permit holder priority to file a license application during the permit
term. A preliminary permit does not authorize the permit holder to
perform any land disturbing activities or otherwise enter upon lands or
waters owned by others without the owners' express permission.
    The proposed project would utilize the existing North Canal
Diversion Dam, which is used by three irrigation districts, and would
consist of the following new facilities: (1) An approximately 50-foot-
long, 8- to 10-foot-diameter penstock to accommodate flows up to 800
cubic feet per second downstream of the dam; (2) a powerhouse
containing a Francis turbine with an installed capacity of 1.8
megawatts; (3) an approximately 500-foot-long, 21-kilovolt transmission
line; and (4) appurtenant facilities. The proposed project would have
an average annual generation of 7.2 gigawatt-hours.
    Applicant Contact: Kelly Sackheim, KC Hydro LLC, 5096 Cocoa Palm
Way, Fair Oaks, CA 95628, phone:<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>    FERC Contact: Gina Krump, phone:<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>    Competing Applications: This application competes with Project No.
13560-000 filed August 27, 2009, and Project No. 13639-000 filed
December 9, 2009.
    Deadline for filing comments and motions to intervene: 60 days from
the issuance of this notice. Comments and motions to intervene may be
filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii)
and the instructions on the Commission's Web site (http://www.ferc.gov/
docs-filing/ferconline.asp) under the ``eFiling'' link. For a simpler
method of submitting text only comments, click on ``Quick Comment.''
For assistance, please

contact FERC Online Support at<EMAIL_ADDRESS>call toll-
free at<PHONE_NUMBER>; or, for TTY, contact<PHONE_NUMBER>. Although
the Commission strongly encourages electronic filing, documents may
also be paper-filed. To paper-file, mail an original and eight copies
to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13617) in the docket number field to access
the document. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-5210 Filed 3-10-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 51 (Wednesday, March 16, 2022)]
[Notices]
[Pages 14846-14847]
[FR Doc No: 2022-05582]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP22-681-000.
    Applicants: Adelphia Gateway, LLC.
    Description: Penalty Revenue Crediting Report of Adelphia Gateway,
LLC.
    Filed Date: 3/7/22.
    Accession Number: 20220307-5287.
    Comment Date: 5 p.m. ET 3/21/22.

    Docket Numbers: RP22-688-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (Pioneer Apr-Jun 2022) to be effective 4/1/2022.
    Filed Date: 3/9/22.
    Accession Number: 20220309-5053.
    Comment Date: 5 p.m. ET 3/21/22.

    Docket Numbers: RP22-689-000.
    Applicants: Big Sandy Pipeline, LLC, Bobcat Gas Storage, East
Tennessee Natural Gas, LLC, Egan Hub Storage, LLC, Garden Banks Gas
Pipeline, LLC, Maritimes & Northeast Pipeline, L.L.C., Mississippi
Canyon Gas Pipeline, L.L.C., Moss Bluff Hub, LLC, Nautilus Pipeline
Company, L.L.C., NEXUS Gas Transmission, LLC, Sabal Trail Transmission,
LLC, Saltville Gas Storage Company L.L.C., Southeast Supply Header,
LLC, Steckman Ridge, LP, Texas Eastern Transmission, LP, Algonquin Gas
Transmission, LLC.
    Description: Compliance filing: Big Sandy Pipeline, LLC submits
tariff filing per 154.203: Enbridge (U.S.) Pipelines--LINK System
Maintenance--Request for Waivers to be effective N/A.
    Filed Date: 3/10/22.
    Accession Number: 20220310-5009.
    Comment Date: 5 p.m. ET 3/22/22.

    Docket Numbers: RP22-690-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Price Indice References to be
effective 5/1/2022.
    Filed Date: 3/10/22.
    Accession Number: 20220310-5012.

    Comment Date: 5 p.m. ET 3/22/22.

    Docket Numbers: RP22-691-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 3.10.22 Negotiated Rates--
Macquarie Energy LLC R-4090-25 to be effective 4/1/2022.
    Filed Date: 3/10/22.
    Accession Number: 20220310-5016.
    Comment Date: 5 p.m. ET 3/22/22.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP13-459-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Refund Report: TPC 2022-03-09 2021 Penalty Revenues
Refund Report to be effective N/A.
    Filed Date: 3/9/22.
    Accession Number: 20220309-5144.
    Comment Date: 5 p.m. ET 3/21/22.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 10, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-05582 Filed 3-15-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 67 (Thursday, April 7, 2011)]
[Notices]
[Pages 19336-19337]
[FR Doc No: 2011-8302]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12715-003]

Fairlawn Hydroelectric Company, LLC; Notice of Application
Accepted for Filing, Soliciting Motions To Intervene and Protests,
Ready for Environmental Analysis, and Soliciting Comments,
Recommendations, Preliminary Terms and Conditions, and Preliminary
Fishway Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Original Major License.
    b. Project No.: 12715-003.
    c. Date filed: December 23, 2010.
    d. Applicant: Fairlawn Hydroelectric Company, LLC.
    e. Name of Project: Jennings Randolph Hydroelectric Project.
    f. Location: The proposed project would be located at the U.S. Army
Corps of Engineers' (Corps) Jennings Randolph dam located on the North
Branch Potomac River in Garrett County, Maryland and Mineral County,
West Virginia. The project would occupy 5.0 acres of federal land
managed by the Corps.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Clifford Phillips, Fairlawn Hydroelectric
Company, LLC, 150 North Miller Road, Suite 450 C, Fairlawn, OH 44333;
Telephone<PHONE_NUMBER>.
    i. FERC Contact: Allyson Conner,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
recommendations, preliminary terms and conditions, and preliminary
prescriptions: 60 days from the issuance date of this notice; reply
comments are due 105 days from the issuance date of this notice.
    Motions to intervene, protests, comments, recommendations,
preliminary terms and conditions, and preliminary fishway prescriptions
may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, 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.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. The Project Description: The proposed Jennings Randolph Project
would use the existing U.S. Army Corps of Engineers' Jennings Randolph
dam and reservoir and consist of the following proposed features: (1) A
10-foot-diameter, 530-foot-long underwater multi-level intake structure
with 24 intake ports to be built on the upstream face of the dam; (2) a
10-foot-diameter, 1,400-foot-long lined tunnel through the dam; (3) a
10-foot-diameter, 1,100-foot-long penstock; (4) the penstock would
bifurcate into 96-inch-diameter and 66-inch-diameter penstocks at the
entrance to the powerhouse; (5) a powerhouse approximately 54 feet
long, 54 feet wide, and 40 feet high that would contain two generating
units with a total capacity of 14.0 megawatts; (6) a 40-foot-long
tailrace; (7) a 0.74-mile-long, 25-kilovolt partially buried
transmission line; (8) a substation; and (9) new compacted gravel
access roads to be constructed to the powerhouse and along the
transmission line to the project's substation. The proposed project
would have an estimated average annual generation of 56,000 megawatt-
hours and would discharge approximately 650 feet downstream of the
Corps' existing discharge.
    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. A copy is also available for inspection and
reproduction at the address in item h above.
    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 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 of 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.
    All filings must (1) Bear in all capital letters the title
``PROTEST,'' ``MOTION TO INTERVENE,'' ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or
``PRELIMINARY FISHWAY PRESCRIPTIONS;'' (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. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). 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. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.
    o. Procedural Schedule:
    The application will be processed according to the following
revised Hydro Licensing Schedule. Revisions to the schedule may be made
as appropriate.

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Filing of recommendations, preliminary      May 31, 2011.
 terms and conditions, and preliminary
 fishway prescriptions.
Commission issues Single EA...............  September 28, 2011.
Comments on EA............................  October 28, 2011.
Modified terms and conditions.............  December 27, 2011.
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
    q. A license applicant must file no later than 60 days following
the date of issuance of the notice of acceptance and ready for
environmental analysis provided for in 5.22: (1) A copy of the water
quality certification; (2) a copy of the request for certification,
including proof of the date on which the certifying agency received the
request; or (3) evidence of waiver of water quality certification.
    r. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified intervention
deadline date, a competing development application, or a notice of
intent to file such an application. Submission of a timely notice of
intent allows an interested person to file the competing development
application no later than 120 days after the specified intervention
deadline date. Applications for preliminary permits will not be
accepted in response to this notice.
    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 a development application. A
notice of intent must be served on the applicant(s) named in this
public notice.

    Dated: April 1, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-8302 Filed 4-6-11; 8:45 am]
BILLING CODE 6717-01-P


<!DOCTYPE HTML PUBLIC "-//-//W3C//DTD HTML 3.2//EN">

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[Federal Register Volume 83, Number 6 (Tuesday, January 9, 2018)]
[Proposed Rules]
[Page 1003]
[FR Doc No: 2018-00023]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2007-1092; FRL-9972-74--Region 5]

Air Plan Approval; Michigan Minor New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; reopening of the comment period.

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

SUMMARY: The Environmental Protection Agency (EPA) is reopening the
comment period for a proposed Clean Air Act rule published August 15,
2017. An appendix to one of the documents EPA proposed to approve was
not available on Regulations.gov as required; therefore, EPA is
reopening the comment period for 15 days.

DATES: Comments must be received on or before January 24, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-1092 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Rachel Rineheart, Environmental
Engineer, Air Permits Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
    On August 15, 2017, EPA proposed to approve certain changes to
Michigan's minor new source review program which is contained in Part 2
of the Michigan Administrative Code. EPA had previously reopened the
comment period due to an incomplete docket from November 2, 2017 to
December 4, 2017. The file containing the state's September 2, 2003
submittal made available on Regulations.gov on September 12, 2017, was
missing Attachment H which contained the state's technical analysis of
the rule changes. The missing attachment was made available on
regulations.gov on December 6, 2017, and EPA is reopening the comment
period for an additional 15 days. The comment period now closes on
January 24, 2018.

    Dated: December 20, 2017.
Robert Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2018-00023 Filed 1-8-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 22, 2009 (Volume 74, Number 13)]
[Notices]
[Page 4074-4075]
[DOCID:fr22ja09-95]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) received a request for a waiver of compliance with certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Port Authority Trans-Hudson Corporation

[Docket Number FRA-2008-0143]

    The Port Authority Trans-Hudson Corporation (PATH), seeks a waiver
of compliance from certain provisions of Safety Appliance Standards,
Title 49 CFR Part 231, that requires a sill step, a side and end
handhold, handbrake, end handrails, side door steps and uncoupling
levers on newly built PA-5 cars. Specifically, PATH's request is to use
an alternate compliance of safety appliance arrangements for the
production of PATH's new fleet of passenger cars in passenger train
service.
    PATH operates on 13.8 miles of an interstate rail transit system
between five major terminals and eight intermediate stations linking
New Jersey and New York. The PATH system is a closed system, does not
interchange and has no highway rail crossings. Currently PATH is an
inter-urban rapid transit system operating 326 electrically powered,
multiple unit vehicles that receive 650 volts transmitted by third rail
of similar comparable design. PATH operates with relatively short
headways and high platforms over a system that one-half of which is
located in tunnels below ground level carrying 250,000 passengers in a
24-hour period. There is no interchange of car equipment between PATH
and any rapid transit system or railroad. Because of the unique
characteristics of PATH, that is more representative of an inter-urban
rapid transit system, PATH requests waiver of certain provisions of FRA
requirements related to safety appliances which they believe are not
totally applicable. PATH also believes that in the past, FRA, while
asserting jurisdiction over PATH, has acknowledged that PATH's
operations are analogous to that of an inter-urban rapid transit
system.

    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number 2008-
0143) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78).

    Issued in Washington, DC on January 14, 2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. E9-1223 Filed 1-21-09; 8:45 am]

BILLING CODE 4910-06-P


MEMORANDUM

TO:		Public Record for the NPDES Electronic Reporting Rule
		EPA Docket Number EPA-HQ-OECA-2009-0274 (www.regulations.gov)

FROM:	Carey A. Johnston, P.E.
            USEPA/OECA/OC
            ph:<PHONE_NUMBER>
<EMAIL_ADDRESS>
DATE:		14 September 2015

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SUBJECT: 	Description of EPA's Enforcement and Compliance History Online (ECHO) Website [DCN 0201]
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      The NPDES Electronic Reporting Rule changes the mode of transmission of NPDES information that regulated entities are already required to report to authorized NPDES programs or EPA under existing regulations. It does not address or affect EPA's processes for managing this data and making information available to the public. Comments regarding EPA's practices for making NPDES information publicly available or what data may be posted online subsequent to this rulemaking are therefore outside the scope of this rule. Concerns with EPA's public access procedures and existing Enforcement and Compliance History Online (ECHO) website should be raised to the agency in a separate proceeding so that they can be addressed apart from this narrow rulemaking.
      EPA has the discretion to address how it will display NPDES information in a separate proceeding later in time, rather than determining whether and how ECHO should be changed as part of this rulemaking. This rule is a reasonable step in EPA's NPDES program administration, even if another step may be considered in the future. The U.S. Court of Appeals for the D.C. Circuit has held that "agencies have great discretion to treat a problem partially." City of Las Vegas v. Lujan, 891 F.2d 927 (D.C. Cir. 1989) ("we [sh]ould not strike down [a regulation] if it [is] a first step toward a complete solution.").
      However, because EPA received may comments about its ECHO website, some of which reflected misconceptions about how ECHO works and how it might change in the future, EPA has provided this informational essay regarding existing practices regarding public access to NPDES information under the Clean Water Act.
   1. Background on ECHO
      EPA's ECHO website dates back to 2002. ECHO currently provides online access to compliance monitoring and enforcement data for approximately 800,000 regulated facilities across the United States. The information is pulled from a variety of federal databases and provides integrated compilation of federal and authorized program environmental inspections, violation determinations, enforcement actions, and other environmental records collected pursuant to the Clean Water Act, Clean Air Act, and the Resource Conservation and Recovery Act. ECHO can be accessed at https://echo.epa.gov/.
      ECHO currently displays NPDES information for facilities that are already reporting electronically or whose data is being shared electronically with EPA by authorized state programs.
      EPA's ECHO website and the NPDES Electronic Reporting Rule reflect this Administration's longstanding commitment to releasing and leveraging data in support of enhanced transparency and accountability, improved government services, and a stronger economy. President Obama's Open Data Policy and Executive Order, "Making Open and Machine Readable the New Default for Government Information" (9 May 2014), encourage agencies to make newly generated or acquired government data freely available in open, machine-readable formats. See DCN 0068.
   2. Public Participation Is An Important Goal Under The Clean Water Act
      The Clean Water Act has a number of provisions emphasizing the importance of public access to and engagement with the NPDES program. Communities have an interest in understanding activities in their area that may be contributing to water pollution and how local facilities are performing. As the U.S. Court of Appeals for the Second Circuit stated in Waterkeeper Alliance v. EPA, "Congress clearly intended to guarantee the public a meaningful role in the implementation of the Clean Water Act." 399 F.3d 486, 503 (2d Cir. 2005). The Clean Water Act "unequivocally and broadly declares" in its "Congressional declaration of goals and policy" that "Public participation in the . . . enforcement of any regulation, standard, effluent limitation, plan, or program established by the Administrator or any State under this chapter shall be provided for, encouraged, and assisted by the Administrator and the States." Waterkeeper, 399 F.3d at 503; CWA 101(e). As the Supreme Court noted in Costle v. Pacific Legal Foundation, "Passages in the FWPCA's legislative history indicate that this general policy of encouraging public participation is applicable to the administration of the NPDES permit program." 445 U.S. 198, 216 (1980) ("The Report of the Committee on Public Works accompanying the Senate bill emphasized that an essential element of the NPDES program is public participation, and that `[the] public must have a genuine opportunity to speak on the issue of protection of its waters.'") (citing S. Rep. No. 92-414, p. 72 (1971)). CWA section 304(i), which directs EPA to establish minimum procedural requirements for authorized NPDES programs, also directs EPA to establish reporting requirements "including procedures to make information available to the public." Finally, the CWA envisioned an important role for citizen suits in section 505(a), providing that "any citizen" may bring a civil suit for violations of the Act.
      The Clean Water Act's public participation goals are reflected in EPA's regulations. EPA's permitting regulations require public notice, a public comment period, and the opportunity for a public hearing for permit actions beyond minor modifications. 40 CFR 124.10, 124.11. These regulatory requirements are applicable to authorized state programs. 40 CFR 123.25. Failure to comply with public participation requirements is also among the criteria for withdrawal of state programs. 40 CFR 123.63. EPA's information sharing requirements specify that "If EPA obtains from a State information that is not claimed to be confidential, EPA may make that information available to the public without further notice." 40 CFR 123.41(a). EPA's regulations also require that authorized state programs "provide for public enforcement in the State enforcement process." 40 CFR 123.27(d).
   3. The CWA Requires Mandatory Disclosure Of NPDES Information. This Information Is Already Available on ECHO.
	As explained above, ECHO has been available since 2002, well before EPA promulgated this rule. ECHO displays NPDES information that is public pursuant to existing legal requirements. ECHO provides facility information such as permit number, facility name, permit type, industrial category, location, inspection and enforcement history, and local environmental conditions and demographics. As described below, the Clean Water Act specifically directs that broad categories of NPDES information must be made available to the public.
      First, information that NPDES permitted facilities submit on their permit applications is required to be publicly available. CWA section 402(j) requires that "[a] copy of each [NPDES] permit application and each [NPDES] permit . . . be available to the public. Such permit application or permit, or portion thereof, shall further be available on request for the purpose of reproduction." 33 U.S.C. 1342(j). Section 402(j) applies to all NPDES permit applications. ECHO is consistent with EPA's statutory obligations because it provides a facility's permit application and permit information to the public. In addition, CWA section 402(b) requires that states, tribes, and territories implementing NPDES programs provide for "public . . . notice of each application for a permit and provide an opportunity for public hearing before a ruling on each such application." 33 U.S.C. 1342(a)(1), (b)(3). EPA's existing regulations implement section 402 and specify what information regulated entities must provide in their permit applications. 40 CFR 122.21(f).
      Second, CWA section 308(b), which governs monitoring, reporting, and inspections, specifies that all information collected under that provision shall be made available to the public unless entitled to protection as a trade secret. 33 U.S.C. 1318(b). In particular, effluent data is required to be made available to the public without any exceptions for privacy. Effluent data is defined in EPA's existing regulations at 40 C.F.R 2.302. ECHO implements section 308(b) by making effluent data publicly available today.
      In the Clean Water Act, Congress determined that the value of public access to certain NPDES information outweighed any potential privacy interests. As a result, all of the categories of information identified in the final rule (Appendix A to 40 CFR 127) are already publicly available today and already required to be submitted to authorized NPDES programs and EPA under existing regulations.
      One commenter cites Campaign for Family Farms v. Glickman, 200 F.3d 1180 (8th Cir. 2000) to support the assertion of a privacy interest in NPDES information. As explained above, EPA's practices for making NPDES information publicly available or what data may be posted online subsequent to this rulemaking are therefore outside the scope of the NPDES Electronic Reporting Rule. Furthermore, this case is distinguishable from the NPDES facility information found in ECHO. The Glickman case pertains to secret ballot on a controversial issue and a petition to the U.S. Department of Agriculture. The court found that disclosing the petition would reveal the individuals' position (i.e., their secret ballot vote) on the controversial issue. Thus, the court found the privacy interest implicated by a secret ballot, not any privacy interest in the petitioners' names, addresses, or other farm information. Also, unlike the petition signatures at issue in Glickman, CAFO NPDES data permit application information, effluent data, and enforcement history that are available on ECHO are public by operation of the Clean Water Act, as explained above.

   4. ECHO Does Not Implicate The Privacy Act
      EPA received comments claiming that ECHO is "a group of records . . . from which information is retrieved by the name of the individual" and a "system of records" under the Privacy Act. The commenters stated that EPA needed to follow Privacy Act procedures prior to collecting the personal information of farmers. ECHO, however, is not a data collection system of records. The website draws from various data resources across EPA that are not affected by this rule, such as the Federal Registry Service, aggregates that information, and provides the ability to search it on certain, limited fields. EPA disagrees that a Privacy Act system of records notice is required for ECHO.
      The Privacy Act does not apply to ECHO for two basic reasons. First, the Privacy Act only applies to the records of individuals, which is defined narrowly in the Act as "citizens of the United States or aliens lawfully admitted for permanent residence." 5 U.S.C. 552a(a)(2); compare with Section 552(a)(3) (FOIA reference to "any person"). Based on this narrow definition of individual, the Privacy Act does not apply to an agency's handling of facility records that are limited to information pertaining to an entrepreneurial capacity. See Office of Management and Budget's Privacy Act Guidelines, 40 Fed. Reg. 28,948, 28,951 (July 9, 1975) (quoting legislative history and stating that it "suggests that a distinction can be made between individuals acting in a personal capacity and individuals acting in an entrepreneurial capacity (for example,, as sole proprietors) and that th[e] definition [of `individual'] (and, therefore, the Act) was intended to embrace only the former"); Dresser Indus. v. United States, 596 F.2d 1231 (5th Cir. 1979); St. Michael's Convalescent Hosp. v. State of Cal., 643 F.2d 1369 (9th Cir. 1981); SAE Productions, Inv. v. FBI, 589 F. Supp. 2d 76, 83 (D.D.C. 2008) ("[I]t is equally established that corporations and other organizations do not generally have any Privacy Act rights."). There is no personally identifiable information collected in the Federal Registry Service system with the exception of name and associated business-related information. If a farmer's data such as name and address are in the system, it would be in an entrepreneurial capacity and therefore would not be covered by the Privacy Act. One commenter, the National Pork Producers Council, points to a district court case for the proposition that the protections conferred by the Privacy Act are not diminished simply because the information pertains to individuals acting in an entrepreneurial capacity. Scarborough v. Harvey, 493 F. Supp. 2d 1 (D.D.C. 2007). Scarborough, however, dealt with descriptive Criminal Alert Notices created by the Department of Defense. In contrast, ECHO shares permit information and effluent data submitted by regulated parties that the Clean Water Act already requires to be made available to the public as described in above. ECHO does not currently display individuals' names or phone numbers though it provides links to FRS which has additional information. Furthermore, in Scarborough, the court ruled on several motions but did not resolve the Privacy Act claims.
      Second, in order for ECHO to qualify as a "system of records" under the Privacy Act, it must retrieve records by an individual's name or other personal identifier. Henke v. U.S. Dept. of Commerce, 83 F.3d 1453, 1460 (D.C. Cir. 1996); see Doe v. Dep't of Veterans Affairs, 519 F.3d 456, 461 (8th Cir. 2008); 5 U.S.C. 552a(a)(5). The searchable fields on ECHO are the NPDES permit number, permit status, permit type, industrial category, permit facility name, location address, primary permit code and description, latitude and longitude coordinates, and component type description. See https://echo.epa.gov/facilities/facility-search. Any personal name that is searchable in ECHO data systems is incidental as a result of the owner choosing to include his or her personal name in the facility name.
   5. EPA Discretion Regarding ECHO
      As a separate matter apart from this rulemaking, EPA has agreed to mask on ECHO facility-specific information for unpermitted CAFOs that are not in violation of the Clean Water Act in response to particular privacy concerns that have been raised regarding operators living in close proximity to these facilities. EPA worked with USDA and OMB on this approach.
   6. Questions About How ECHO Works
      Several commenters asked questions about how ECHO works today. While these comments are outside the scope of this rulemaking as described above, EPA is providing additional details about ECHO because it wants this existing public access website to be a useful and reliable resource.
      ECHO's CWA data is updated with the latest available facility data from EPA's national NPDES data system (the Integrated Compliance Information System-NPDES) on a weekly schedule. The Integrated Compliance Information System-NPDES contains NPDES information that authorized NPDES programs and facilities in direct implementation states share with EPA. EPA has a robust error reporting and correction system along with robust quality control measures to ensure the accuracy of NPDES program data. EPA works hard to eliminate errors and the potential for inaccurately identifying noncompliance on ECHO (for example, EPA and states regularly review effluent violations.) EPA has an accountable method, the Integrated Error Correction Process, for any user of ECHO or any other EPA website, to report potential data errors. This error reporting system logs and tracks these error correction requests and routes these requests to the appropriate EPA and state water data steward. These data stewards investigate these error correction requests and fix the errors in the Integrated Compliance Information System-NPDES. These data corrections are then brought into ECHO at the next weekly data re-fresh. EPA, as well as numerous state and local government agencies, are involved in preparing and maintaining the facility-level enforcement and compliance data found on ECHO. These agencies are committed to providing the public with the highest possible quality of information related to each facility's compliance record.
      After giving states a considerable amount of time to review and correct any facility data errors, EPA freezes data as part of its State Review Framework. These data freezes allow EPA to chart trends from year to year against a number of metrics that gauge the effectiveness of authorized NPDES programs.
      As a matter of good practice, EPA works with stakeholders during the development and testing of new features for ECHO. EPA provides states with an opportunity to provide input on new ECHO updates and enhancements to ensure that ECHO users have the proper facility data with the proper context for meaningful and accurate interpretations. This testing and user feedback helps accurately present the data in ways that can be meaningful understood by the public and reduces the potential for "software glitches." ECHO currently differentiates between Discharge Monitoring Report data with and without permit effluent limits so that DMR information can be accurately interpreted by the public. This allows ECHO users to identify and assess pollutant discharges from facilities and whether these pollutant discharges have effluent limits.
      Some commenters expressed concern about the potential for data on ECHO to be misused. Speculation about illegal actions by third parties is not a reason for EPA never to present information electronically.
   7. Confidential Business Information (CBI)
      EPA's Confidential Business Information (CBI) regulations are outside the scope of the NPDES Electronic Reporting Rule and remain unchanged. None of the information that is made publicly available on ECHO is CBI. Under existing regulations and consistent with Clean Water Act section 308, the information required by an NPDES application form may not be claimed as confidential. Pursuant to the applicable regulations, "[c]laims of confidentiality . . . will be denied" for "(1) The name and address of any permit applicant or permittee" or "(2) Permit applications, permits, and effluent data"; and "[i]nformation required by NPDES application forms provided by the Director under §122.21 may not be claimed confidential. This includes information submitted on the forms themselves and any attachments used to supply information required by the forms." 40 CFR 122.7(b)-(c); see also 40 CFR 123.25 (applicability to state programs). Clean Water Act section 308(b) does not allow effluent data to be withheld from disclosure as CBI. EPA's Clean Water Act CBI regulation defines "effluent data" as "A general description of the location and/or nature of the source to the extent necessary to identify the source and to distinguish it from other sources..." 40 CFR 2.302(a)(2)(C).
      Regarding CAFO Annual Program Reports, EPA explained how it will handle CBI claims for such data in its 2003 CAFO rulemaking:
         EPA expects that the permitting authority will make this information available to the public upon request. This should foster public confidence that CAFOs are complying with the requirements of the rule. In particular, the information in the annual report will confirm that CAFOs have obtained coverage under an NPDES permit, are appropriately controlling discharges from the production area, and have developed and are implementing a nutrient management plan. . . . Under the existing regulations at 40 CFR part 2, subpart B, a facility may make a claim of confidentiality for information it must submit and EPA must evaluate this claim if it receives a request for the information from the public . . . . Claims of confidentiality with respect to information submitted to the State will be processed and evaluated under State regulations.
         See 60 Fed. Reg. 7176, 7233 (Feb. 12, 2003).
   8. Critical Infrastructure Security Information
      Under the National Defense Authorization Act of 2012, the Secretary of Defense may exempt Department of Defense-designated "critical infrastructure security information" from disclosure under FOIA. 10 U.S.C. Section 130e. The Department of Defense will make a case-by-case determination of whether a particular facility is designated as critical infrastructure in response to a FOIA request. NPDES information designated as critical infrastructure security information in response to a FOIA request will be withheld from the public. In the instance where an NPDES program data element for a particular facility is designated as critical infrastructure security information under this process, a separate, filtered set of data without the protected information will be shared with the public on ECHO.
      Comments regarding critical infrastructure under Homeland Security Presidential Directive 9 were addressed in Issue Code 6.i.ii because it was not clear whether those comments concerned the electronic transmittal of data to EPA (within the scope of the rule) or the posting of that data on ECHO (outside the scope of the rule). Comments regarding privacy considerations under the Paperwork Reduction Act were addressed at Issue Code 6.i for the same reason.
   9. Comments From Other Sectors
      While many comments regarding ECHO came from the CAFO sector, one commenter questioned the need for public access to stormwater information. Again, what information EPA presents in ECHO is outside the scope of this rule.
      The reason EPA currently provides the public with site-specific stormwater information it that it gives meaningful insights on the measures being employed to control stormwater. This information can be used by public citizens concerned about water quality in their area, drinking water treatment professionals that are assessing their source water protection areas, and local, state, and Federal government professions that are estimating potential impacts to surface waters from industrial and construction stormwater.
   10. Commenters Seeking Improved And Expanded Public Access
   While some commenters raised concerns with EPA's current ECHO website, other commenters praised ECHO and lauded the importance of public access to NPDES information for communities. The New York Rural Water Association (NYRWA) asked how EPA intends to educate the general public on where to find the electronically reported data. NYRWA specifically recommended using social media to educate the public about the availability of NPDES data. Washington State Department of Ecology recommends that to improve public accessibility, EPA consider sending an announcement out to national business organizations and national organizations of local governments. Another commenter pointed out that not all communities have access to the Internet and some rely on their print newspaper for information about their violations causing environmental or health impacts.
      These comments regarding how data may make NPDES data available to the public after the promulgation of the electronic reporting rule are outside the scope of this rulemaking as explained above. EPA may consider changes to or outreach about ECHO in the future. EPA notes that newspapers can avail themselves of this information to more broadly disseminate information on CWA violations and environmental or health impacts to communities that do not have access to the Internet.