[Federal Register Volume 87, Number 190 (Monday, October 3, 2022)]
[Notices]
[Page 59787]
[FR Doc No: 2022-21390]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3511-024]

Lower Saranac Hydro, LLC; Notice of Waiver Period for Water
Quality Certification Application

    On September 6, 2022, Lower Saranac Hydro, LLC submitted to the
Federal Energy Regulatory Commission (Commission) a copy of its
application for a Clean Water Act section 401(a)(1) water quality
certification filed with the New York State Department of Environmental
Conservation (New York DEC), in conjunction with the above captioned
project. Pursuant to 40 CFR 121.6 and section 4.34(b)(5) of the
Commission's regulations,\1\ we hereby notify New York DEC of the
following:
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    \1\ 18 CFR 4.34(b)(5).
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    Date of Receipt of the Certification Request: September 6, 2022.
    Reasonable Period of Time to Act on the Certification Request: One
year (September 6, 2023).
    If New York DEC fails or refuses to act on the water quality
certification request on or before the above date, then the agency
certifying authority is deemed waived pursuant to section 401(a)(1) of
the Clean Water Act, 33 U.S.C. 1341(a)(1).

    Dated: September 27, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-21390 Filed 9-30-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 51 (Wednesday, March 16, 2022)]
[Rules and Regulations]
[Pages 14802-14805]
[FR Doc No: 2022-05367]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0041; FRL-9572-01-R9]

Approval of Arizona Air Plan Revisions, Arizona Department of
Environmental Quality and Maricopa County Air Quality Department

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Arizona Department of Environmental
Quality (ADEQ) and Maricopa County Air Quality Department (MCAQD)
portions of the Arizona State Implementation Plan (SIP). These
revisions were submitted by ADEQ and MCAQD in response to the EPA's
June 12, 2015 finding of substantial inadequacy and SIP call for
certain provisions in the SIP related to excess emissions during
startup, shutdown, and malfunction (SSM) events. The EPA is finalizing
approval of the SIP revisions because the Agency has determined that
they are in accordance with the requirements for SIP provisions under
the Clean Air Act (CAA or the Act) and correct deficiencies identified
in the June 12, 2015 SIP call.

DATES: These rules are effective on April 15, 2022.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2017-0041. All documents in the docket are
listed on the http://www.regulations.gov website. 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 through http://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX,
(415) 947-4125, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Background
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On February 22, 2013, the EPA issued a Federal Register notice of
proposed rulemaking outlining EPA's policy at the time with respect to
SIP provisions related to periods of SSM. EPA analyzed specific SSM SIP
provisions and explained how each one either did or did not comply with
the CAA with regard to excess emission events.\1\ For each SIP
provision that EPA determined to be inconsistent with the CAA, EPA
proposed to find that the existing SIP provision was substantially
inadequate to meet CAA requirements and thus proposed to issue a SIP
call under CAA section 110(k)(5). On September 17, 2014, EPA issued a
document supplementing and revising what the Agency had previously
proposed on February 22, 2013, in light of a D.C. Circuit decision that
determined the CAA precludes authority of the EPA to create affirmative
defense provisions

applicable to private civil suits. EPA outlined its updated policy that
affirmative defense SIP provisions are not consistent with CAA
requirements. EPA proposed in the supplemental proposal document to
apply its revised interpretation of the CAA to specific affirmative
defense SIP provisions and proposed SIP calls for those provisions
where appropriate (79 FR 55920, September 17, 2014).
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    \1\ State Implementation Plans: Response to Petition for
Rulemaking; Findings of Substantial Inadequacy; and SIP Calls to
Amend Provisions Applying to Excess Emissions During Periods of
Startup, Shutdown, and Malfunction, 78 FR 12460 (February 22, 2013).
---------------------------------------------------------------------------

    On June 12, 2015, pursuant to CAA section 110(k)(5), EPA finalized
``State Implementation Plans: Response to Petition for Rulemaking;
Restatement and Update of EPA's SSM Policy Applicable to SIPs; Findings
of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying
to Excess Emissions During Periods of Startup, Shutdown and
Malfunction,'' hereafter referred to as the ``2015 SSM SIP Action.''
\2\ The 2015 SSM SIP Action clarified, restated, and updated EPA's
interpretation that SSM exemption and affirmative defense SIP
provisions are inconsistent with CAA requirements. The 2015 SSM SIP
Action found that certain SIP provisions in 36 states were
substantially inadequate to meet CAA requirements and issued a SIP call
to those states to submit SIP revisions to address the inadequacies.
The EPA established an 18-month deadline by which the affected states
had to submit such SIP revisions. States were required to submit
corrective revisions to their SIPs in response to the SIP calls by
November 22, 2016.
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    \2\ 80 FR 33839.
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    The EPA issued a Memorandum in October 2020 (2020 Memorandum),
which stated that certain provisions governing SSM periods in SIPs
could be viewed as consistent with CAA requirements.\3\ Importantly,
the 2020 Memorandum stated that it ``did not alter in any way the
determinations made in the 2015 SSM SIP Action that identified specific
state SIP provisions that were substantially inadequate to meet the
requirements of the Act.'' Accordingly, the 2020 Memorandum had no
direct impact on the SIP call issued to ADEQ and MCAQD in 2015. It also
did not alter the EPA's prior proposal from 2017 to approve the ADEQ
and MCAQD SIP revisions at issue in this action. The 2020 Memorandum
did, however, indicate the EPA's intent at the time to review SIP calls
that were issued in the 2015 SSM SIP Action to determine whether the
EPA should maintain, modify, or withdraw particular SIP calls through
future agency actions.
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    \3\ October 9, 2020, memorandum ``Inclusion of Provisions
Governing Periods of Startup, Shutdown, and Malfunctions in State
Implementation Plans,'' from Andrew R. Wheeler, Administrator.
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    On September 30, 2021, EPA's Deputy Administrator withdrew the 2020
Memorandum and announced the EPA's return to the policy articulated in
the 2015 SSM SIP Action (2021 Memorandum).\4\ As articulated in the
2021 Memorandum, SIP provisions that contain exemptions or affirmative
defense provisions are not consistent with CAA requirements and,
therefore, generally are not approvable if contained in a SIP
submission. This policy approach is intended to ensure that all
communities and populations, including minority, low-income and
indigenous populations overburdened by air pollution, receive the full
health and environmental protections provided by the CAA.\5\ The 2021
Memorandum also retracted the prior statement from the 2020 Memorandum
of EPA's plans to review and potentially modify or withdraw particular
SIP calls. That statement no longer reflects EPA's intent. EPA intends
to implement the principles laid out in the 2015 SSM SIP Action as the
Agency takes action on SIP submissions, including ADEQ's and MCAQD's
SIP submittal, provided in response to the 2015 SIP call.
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    \4\ September 30, 2021, memorandum ``Withdrawal of the October
9, 2020, Memorandum Addressing Startup, Shutdown, and Malfunctions
in State Implementation Plans and Implementation of the Prior
Policy,'' from Janet McCabe, Deputy Administrator.
    \5\ 80 FR 33985.
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    With regards to ADEQ and MCAQD, the SIP call identified R18-2-310
and Rule 140 because they contained improper affirmative defenses for
excess emissions during startup, shutdown, and malfunction events. On
March 9, 2017, the EPA proposed to approve removal of R18-2-310 and
Rule 140 from the Arizona SIP.\6\
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    \6\ 82 FR 13084.

----------------------------------------------------------------------------------------------------------------
                                                                                Removed from
           Local agency                Rule No.              Rule title              state law       Submitted
----------------------------------------------------------------------------------------------------------------
ADEQ..............................       R18-2-310  Affirmative Defense for             09/07/16        11/17/16
                                                     Excess Emissions Due to
                                                     Malfunctions, Startup, and
                                                     Shutdown.
MCAQD.............................             140  Excess Emissions............        08/17/16        11/18/16
----------------------------------------------------------------------------------------------------------------

    As discussed in the proposal, EPA proposed to approve the removal
of R18-2-310 and Rule 140 from the ADEQ and MCAQD portions of the
Arizona SIP because such removal is consistent with CAA requirements
and would correct the deficiency identified by the Agency in the 2015
SSM SIP Action.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
EPA acknowledges that over four years have elapsed since the comment
period closed. No additional comment period is needed because nothing
in the intervening time period--including the issuance and subsequent
withdrawal of the 2020 Memorandum--changed the basis for EPA's proposed
action or the public's opportunity to view and comment on that basis.
Accordingly, the March 9, 2017 notice provided the public with a full
opportunity to comment on the issues raised by the proposed action.
Three comments expressed support for the proposed action. A summary of
the fourth comment from the Salt River Project Agricultural Improvement
and Power District (``SRP'' or ``commenter'') and EPA's response is
provided below.
    Comment: The commenter states that it is inappropriate for the EPA
to finalize its proposed approval of Arizona's response to the SSM SIP
call until litigation before the United State Court of Appeals for the
District of Columbia (D.C. Circuit) is resolved. In support of this
claim, the commenter states that if the D.C. Circuit rules in favor of
the petitioners who have challenged the 2015 SSM SIP call, the Arizona
SIP will need to be revised again to reinsert the SSM provisions.
    Response: The EPA respectfully disagrees with this comment. The
Agency acknowledges that there exist pending challenges to the 2015 SSM
SIP action in the D.C. Circuit. However, there is no requirement or
expectation that EPA must postpone action while awaiting a court
decision. ADEQ and MCAQD have submitted SIP revisions to the Agency
that are fully approvable for

the reasons outlined in the 2017 proposal notice. As a result, EPA has
determined that it is appropriate to take action to approve the ADEQ
and MCAQD SIP revisions in accordance with applicable CAA requirements.
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). The commenter
has pointed to no alleged deficiency or other aspect that would lead
the Agency to determine that the SIP revisions should be disapproved or
that full approval of the SIP revisions is not otherwise appropriate.
    We are also not persuaded by the commenter's assertion that the
ADEQ and MCAQD portions of the Arizona SIP will need to be revised if
the D.C. Circuit rules in favor of the petitioners. The CAA contains no
requirement that affirmative defense provisions be included in SIPs.
Therefore, there would be no obligation on states to submit such
provisions, regardless of the outcome in the D.C. Circuit litigation.
    As we recently reaffirmed in the 2021 Memorandum, EPA is
implementing policy consistent with that outlined in the 2015 SSM SIP
Action. That policy aligns with previous court decisions, including the
D.C. Circuit's ruling in 2008, which found that inclusion of SSM
exemptions in section 112 standards is not allowed under the CAA due to
the generally applicable definition of emission limitations.\7\
Additionally, in 2014 the D.C. Circuit vacated a provision in EPA
regulations that allowed an affirmative defense if it met specific
criteria. The court stated that EPA lacked authority to create such a
defense because it would impermissibly encroach upon the authority of
federal courts to find liability or impose remedies.\8\ It was in light
of the 2008 and 2014 court cases, as well as concerns about the public
health impacts of SSM, that led EPA in its 2015 action to clarify and
update its SSM policy to explain that automatic exemptions,
discretionary exemptions, overly broad enforcement discretion
provisions, and affirmative defense provisions like the ones at issue
in today's action, will generally be viewed as inconsistent with CAA
requirements.
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    \7\ Sierra Club v. Johnson 551 F.3d 1019 (D.C. Cir. 2008).
    \8\ NRDC v. EPA, 749 F.3d 1055 (D.C. Cir. 2014).
---------------------------------------------------------------------------

III. EPA Action

    No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act and for the reasons identified in the 2017
proposal, the EPA is fully approving the removal of these rules from
the ADEQ and MCAQD portions of the Arizona SIP. The Agency's final
approval of this submission fully corrects the inadequacies in the ADEQ
and MCAQD portions of the Arizona SIP that were identified in the EPA's
2015 SSM SIP Action.

IV. Incorporation by Reference

    In this document, the EPA is amending regulatory text that includes
incorporation by reference. As described in Section I, Background, of
this preamble and set forth in the amendments to 40 CFR part 52 below,
EPA is removing provisions from the Arizona Administrative Code and
Maricopa County portions of the Arizona State Implementation Plan,
which is incorporated by reference in accordance with the requirements
of 1 CFR part 51. The EPA has made and will continue to make the State
Implementation Plan generally available through www.regulations.gov and
at the EPA Region 9 Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 16, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does

it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

    Dated: March 8, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart D--Arizona

0
2. In Sec.  52.120, amend paragraph (c) by:
0
a. In Table 2 removing the entry for ``R18-2-310'', and
0
b. In Table 4 removing the entry for ``Rule 140''.

[FR Doc. 2022-05367 Filed 3-15-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 21, 2010 (Volume 75, Number 139)]
[Notices]
[Page 42435-42436]
[DOCID:fr21jy10-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

July 14, 2010
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1761-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits tariff filing per 35.12: Filing of CAISO Rate Schedule No. 68,
July 8, 2010 effective date requested to be effective 7/13/2010.
    Filed Date: 07/13/2010.
    Accession Number: 20100713-5095.
    Comment Date: 5 p.m. e.t. on Tuesday, August 3, 2010.

    Docket Numbers: ER10-1762-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection L.L.C. submits modifications to
their Open Access Transmission Tariff and the Amended and Restated
Operating Agreement.
    Filed Date: 07/13/2010.
    Accession Number: 20100714-0201.
    Comment Date: 5 p.m. e.t. on Tuesday, August 3, 2010.

    Docket Numbers: ER10-1763-000.
    Applicants: Entergy Arkansas, Inc.
    Description: Entergy Arkansas, Inc. submits tariff filing per
35.12: MBR and CBR Baseline Filing to be effective 7/14/2010.
    Filed Date: 07/14/2010.
    Accession Number: 20100714-5032.
    Comment Date: 5 p.m. e.t. on Wednesday, August 4, 2010.

    Docket Numbers: ER10-1764-000.
    Applicants: Entergy Gulf States Louisiana, L.L.C.
    Description: Entergy Gulf States Louisiana, L.L.C. submits tariff
filing per 35.12: MBR and CBR Baseline Filing to be effective 7/14/
2010.
    Filed Date: 07/14/2010.
    Accession Number: 20100714-5033.
    Comment Date: 5 p.m. e.t. on Wednesday, August 4, 2010.

    Docket Numbers: ER10-1765-000.
    Applicants: Entergy Louisiana, LLC.
    Description: Entergy Louisiana, LLC submits tariff filing per
35.12: MBR and CBR Baseline Filing to be effective 7/14/2010.
    Filed Date: 07/14/2010.
    Accession Number: 20100714-5034.
    Comment Date: 5 p.m. e.t. on Wednesday, August 4, 2010.

    Docket Numbers: ER10-1766-000.

    Applicants: Entergy Mississippi, Inc.
    Description: Entergy Mississippi, Inc. submits tariff filing per
35.12: MBR and CBR Baseline Filing to be effective 7/14/2010.
    Filed Date: 07/14/2010.
    Accession Number: 20100714-5035.
    Comment Date: 5 p.m. e.t. on Wednesday, August 4, 2010.

    Docket Numbers: ER10-1767-000.
    Applicants: Entergy Texas, Inc.
    Description: Entergy Texas, Inc. submits tariff filing per 35.12:
MBR and CBR Baseline Filing to be effective 7/14/2010.
    Filed Date: 07/14/2010.
    Accession Number: 20100714-5036.
    Comment Date: 5 p.m. e.t. on Wednesday, August 4, 2010.

    Docket Numbers: ER10-1768-000.
    Applicants: Public Service Electric and Gas Company.
    Description: Public Service Electric and Gas Company submits tariff
filing per 35: Compliance Filing of PSE&G Market-Based Rate Tariff
Volume No. 6 to be effective 7/14/2010.
    Filed Date: 07/14/2010.
    Accession Number: 20100714-5041.
    Comment Date: 5 p.m. e.t. on Wednesday, August 4, 2010.

    Docket Numbers: ER10-1769-000.
    Applicants: Entergy New Orleans, Inc.
    Description: Entergy New Orleans, Inc. submits tariff filing per
35.12: MBR and CBR Baseline Filing to be effective 7/14/2010.
    Filed Date: 07/14/2010.
    Accession Number: 20100714-5043.
    Comment Date: 5 p.m. e.t. on Wednesday, August 4, 2010.

    Docket Numbers: ER10-1770-000.
    Applicants: PSEG Fossil LLC.
    Description: PSEG Fossil LLC submits tariff filing per 35: PSEG
Fossil LLC Market-Based Rate Tariff FERC Electric Tariff Volume No. 1
to be effective 7/14/2010.
    Filed Date: 07/14/2010.
    Accession Number: 20100714-5051.
    Comment Date: 5 p.m. e.t. on Wednesday, August 4, 2010.

    Docket Numbers: ER10-1771-000.
    Applicants: PSEG Nuclear LLC.
    Description: PSEG Nuclear LLC submits tariff filing per 35: PSEG
Nuclear LLC Market-Based Rate Tariff FERC Electric Tariff Volume No. 1
to be effective 7/14/2010.
    Filed Date: 07/14/2010.
    Accession Number: 20100714-5054.
    Comment Date: 5 p.m. e.t. on Wednesday, August 4, 2010.

    Docket Numbers: ER10-1772-000.
    Applicants: Golden Spread Electric Cooperative, Inc.
    Description: Golden Spread Electric Cooperative, Inc. submits
tariff filing per 35.12: Baseline Filing to be effective 7/14/2010.
    Filed Date: 07/14/2010.
    Accession Number: 20100714-5055.
    Comment Date: 5 p.m. e.t. on Wednesday, August 04, 2010.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. e.t. on the specified comment date. It is
not necessary to separately intervene again in a subdocket related to a
compliance filing if you have previously intervened in the same docket.
Protests will be considered by the Commission in determining the
appropriate action to be taken, but will not serve to make protestants
parties to the proceeding. Anyone filing a motion to intervene or
protest must serve a copy of that document on the Applicant. In
reference to filings initiating a new proceeding, interventions or
protests submitted on or before the comment deadline need not be served
on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-17733 Filed 7-20-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Rules and Regulations]
[Pages 72851-72854]
[FR Doc No: 2021-27851]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 385

[Docket No. FMCSA-2021-0063]
RIN 2126-AC40

Incorporation by Reference; North American Standard Out-of-
Service Criteria; Hazardous Materials Safety Permits

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: FMCSA amends its Hazardous Materials Safety Permits
regulations to incorporate by reference the updated Commercial Vehicle
Safety Alliance (CVSA) handbook containing inspection procedures and
Out-of-Service Criteria (OOSC) for inspections of shipments of
transuranic waste and highway route controlled quantities of
radioactive material. The OOSC provide enforcement personnel
nationwide, including FMCSA's State partners, with uniform enforcement
tolerances for inspections. Through this rule, FMCSA incorporates by
reference the April 1, 2021, edition of the handbook.

DATES: Effective February 22, 2022. The incorporation by reference of
the material described in the rule is approved by the Director of the
Federal Register as of February 22, 2022.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] Cestero, Vehicle and
Roadside Operations Division, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001,
(202) 366-5541, [email protected]. If you have questions on viewing
or submitting material to the docket, contact Dockets Operations, (202)
366-9826.

SUPPLEMENTARY INFORMATION: This final rule is organized as follows:

I. Availability of Rulemaking Documents
II. Executive Summary
III. Legal Basis for the Rulemaking
IV. Background
V. Discussion of Proposed Rulemaking and Comments
    A. Proposed Rulemaking
    B. Comments and Responses
VI. International Impacts
VII. Section-by-Section Analysis
VIII. Regulatory Analyses
    A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), and DOT Regulations
    B. Congressional Review Act
    C. Regulatory Flexibility Act (Small Entities)
    D. Assistance for Small Entities
    E. Unfunded Mandates Reform Act of 1995
    F. Paperwork Reduction Act
    G. E.O. 13132 (Federalism)
    H. Privacy
    I. E.O. 13175 (Indian Tribal Governments)
    J. National Environmental Policy Act of 1969

I. Availability of Rulemaking Documents

    To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2021-0063/document and
choose the document to review. To view comments, click this final rule,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
at U.S. Department of Transportation, Room W12-140, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.

II. Executive Summary

    This final rule updates an incorporation by reference found at 49
CFR 385.4(b)(1) and referenced at Sec.  385.415(b). The provision at
Sec.  385.4(b)(1) currently references the April 1, 2019, edition of
CVSA's handbook titled ``North American Standard Out-of-Service
Criteria and Level VI Inspection Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles Transporting Transuranics and Highway
Route Controlled Quantities of Radioactive Materials as defined in 49
CFR part 173.403.'' The CVSA handbook contains inspection procedures
and Out-of-Service Criteria (OOSC) for inspections of shipments of
transuranic waste and highway route controlled quantities of
radioactive material. The OOSC, while not regulations, provide
enforcement personnel nationwide, including FMCSA's State partners,
with uniform enforcement tolerances for inspections. The material is
available, and will continue to be available, for inspection at the
FMCSA, Office of Enforcement and Compliance, 1200 New Jersey Avenue SE,
Washington, DC 20590 (Attention: Chief, Compliance Division) at (202)
366-1812. The document may be purchased from the Commercial Vehicle
Safety Alliance, 6303 Ivy Lane, Suite 310, Greenbelt, MD 20770,
telephone<PHONE_NUMBER>, www.cvsa.org.
    Twenty-one updates distinguish the April 1, 2021, handbook edition
from the 2019 edition. The updates are all

described in detail in the July 6, 2021, notice of proposed rulemaking
(NPRM) for this rule (86 FR 35445-47). The incorporation by reference
of the 2021 edition does not impose new regulatory requirements.

III. Legal Basis for the Rulemaking

    Congress has enacted several statutory provisions to ensure the
safe transportation of hazardous materials in interstate commerce.
Specifically, in provisions codified at 49 U.S.C. 5105(d), relating to
inspections of motor vehicles carrying certain hazardous material, and
49 U.S.C. 5109, relating to motor carrier safety permits, the Secretary
of Transportation is required to promulgate regulations as part of a
comprehensive safety program on hazardous materials safety permits. The
FMCSA Administrator has been delegated authority under 49 CFR
1.87(d)(2) to carry out the rulemaking functions vested in the
Secretary of Transportation. Consistent with that authority, FMCSA has
promulgated regulations under 49 CFR part 385, subpart E, to address
the congressional mandate on hazardous materials safety permits. Those
regulations are the underlying provisions to which the material
incorporated by reference discussed in this final rule is applicable.

IV. Background

    In 1986, the U.S. Department of Energy and CVSA entered into a
cooperative agreement to develop a higher level of inspection
procedures, out-of-service (OOS) conditions and/or criteria, an
inspection decal, and a training and certification program for
inspectors to conduct inspections of shipments of transuranic waste and
highway route controlled quantities of radioactive material. CVSA
developed the North American Standard Level VI Inspection Program for
Transuranic Waste and Highway Route Controlled Quantities of
Radioactive Material. This inspection program for select radiological
shipments includes inspection procedures, enhancements to the North
American Standard Level I Inspection, radiological surveys, CVSA Level
VI decal requirements, and the ``North American Standard Out-of-Service
Criteria and Level VI Inspection Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles Transporting Transuranics and Highway
Route Controlled Quantities of Radioactive Materials as defined in 49
CFR part 173.403.'' As of January 1, 2005, all vehicles and carriers
transporting highway route controlled quantities of radioactive
material are regulated by the U.S. Department of Transportation. All
highway route controlled quantities of radioactive material must pass
the North American Standard Level VI Inspection prior to the shipment
being allowed to travel in the United States. All highway route
controlled quantities of radioactive material shipments entering the
United States must also pass the North American Standard Level VI
Inspection either at the shipment's point of origin or when the
shipment enters the United States.[FEDREG][VOL]*[/VOL][NO]*[/
NO][DATE]*[/DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/
SUBJECT][/PREAMB][SUPLINF][HED]*[/HED]
    Section 385.415 of title 49, Code of Federal Regulations,
prescribes operational requirements for motor carriers transporting
hazardous materials for which a hazardous materials safety permit is
required. Section 385.415(b) requires that motor carriers ensure a pre-
trip inspection is performed on each motor vehicle to be used to
transport a highway route controlled quantity of a Class 7
(radioactive) material, in accordance with the requirements of CVSA's
handbook titled ``North American Standard Out-of-Service Criteria and
Level VI Inspection Procedures and Out-of-Service Criteria for
Commercial Highway Vehicles Transporting Transuranics and Highway Route
Controlled Quantities of Radioactive Materials as defined in 49 CFR
part 173.403.''
    According to 2015-2019 data from FMCSA's Motor Carrier Management
Information System (MCMIS), approximately 3.34 million Level I-Level VI
inspections were performed annually. Nearly 97 percent of these were
Level I,\1\ Level II,\2\ and Level III \3\ inspections. During the same
period, an average of 611 Level VI inspections were performed annually,
comprising only 0.02 percent of all inspections. On average, OOS
violations were cited in only 7.8 Level VI inspections annually (2
percent), whereas on average, OOS violations were cited in 266,025
Level I inspections (25 percent), 275,840 Level II inspections (23
percent), and 61,201 Level III inspections (6 percent) annually. As
these statistics demonstrate, OOS violations are cited in a far lower
percentage of Level VI inspections than Level I, II, and III
inspections, due largely to the enhanced oversight and inspection of
vehicles involved in Level VI inspections because of the sensitive
nature of the cargo being transported.
---------------------------------------------------------------------------

    \1\ Level I is a 37-step inspection procedure that involves
examination of the motor carrier's and driver's credentials, record
of duty status, the mechanical condition of the vehicle, and any
hazardous materials/dangerous goods that may be present.
    \2\ Level II is a driver and walk-around vehicle inspection,
involving the inspection of items that can be checked without
physically getting under the vehicle.
    \3\ Level III is a driver-only inspection that includes
examination of the driver's credentials and documents.
---------------------------------------------------------------------------

    The changes from the 2019 edition of the CVSA handbook to the 2021
edition, which includes changes adopted in the 2020 edition, are
intended to ensure clarity in the presentation of the OOS conditions
and are generally editorial or ministerial. As discussed below, FMCSA
does not expect the changes made in the 2021 edition of the CVSA
handbook to affect the number of OOS violations cited during Level VI
inspections.

V. Discussion of Proposed Rulemaking and Comments

A. Proposed Rulemaking

    FMCSA published a notice of proposed rulemaking (NPRM) on July 6,
2021 (86 FR 35443). Whereas the incorporation by reference found at 49
CFR 385.4 and referenced at 49 CFR 385.415(b) references the April 1,
2019, edition of CVSA's ``North American Standard Out-of-Service
Criteria and Level VI Inspection Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles Transporting Transuranics and Highway
Route Controlled Quantities of Radioactive Materials as defined in 49
CFR part 173.403,'' the NPRM proposed to incorporate by reference the
April 1, 2021, edition, which also captures changes adopted in the
April 1, 2020, edition. Cumulatively, twenty-one updates distinguish
the April 1, 2021, edition from the 2019 edition. Each of the changes
was described and discussed in detail in the NPRM. Generally, the
changes serve to clarify or provide additional guidance to inspectors
regarding uniform implementation and application of the out-of-service
criteria, and none is expected to affect the number of out-of-service
violations cited during Level VI inspections. The incorporation by
reference of the 2021 edition does not change what constitutes a
violation of FMCSA regulations.

B. Comments and Responses

    FMCSA solicited comments concerning the NPRM for 30 days ending
August 5, 2021. By that date, three comments were received, from CVSA
and two private citizens. CVSA commended FMCSA for publishing the NPRM,
and encouraged FMCSA to finalize the rule and update the incorporation
by reference because ``the current reference of the April 1, 2019
edition is outdated and does not reflect

the most up to date Standard, which was published on April 1, 2021.''
    One comment from a private citizen was outside the scope of this
rulemaking.
    One comment from a private citizen recommended that FMCSA not
include the date of the handbook in the regulations so that updating
the date through rulemakings would not be necessary.
    Response: FMCSA must specify which version of a document is being
incorporated by reference under the requirements of 1 CFR part 51.
Therefore, in order to ensure that the most recent version of the
handbook is incorporated by reference at 49 CFR 385.415(b), FMCSA must
publish a new rulemaking for each updated version.

VI. International Impacts

    The Federal Motor Carrier Safety Regulations (FMCSRs), and any
exceptions to the FMCSRs, apply only within the United States (and, in
some cases, United States territories). Motor carriers and drivers are
subject to the laws and regulations of the countries in which they
operate, unless an international agreement states otherwise. Drivers
and carriers should be aware of the regulatory differences among
nations.
    The CVSA is an organization representing Federal, State, and
Provincial motor carrier safety enforcement agencies in the United
States, Canada, and Mexico. The OOSC provide uniform enforcement
tolerances for inspections conducted in all three countries.

VII. Section-by-Section Analysis

Section 385.4 Matter Incorporated by Reference[FEDREG][VOL]*[/
VOL][NO]*[/NO][DATE]*[/DATE][RULES][RULE][PREAMB][AGENCY]*[/
AGENCY][SUBJECT]*[/SUBJECT][/PREAMB][SUPLINF][HED]*[/HED]

    Section 385.4(b)(1), is amended by replacing the reference to the
April 1, 2019, edition date with a reference to the new edition date of
April 1, 2021.

VIII. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulations

    FMCSA has considered the impact of this final rule under E.O. 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563
(76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory
Review, and DOT's regulatory policies and procedures. The Office of
Information and Regulatory Affairs (OIRA) determined that this final
rule is not a significant regulatory action under section 3(f) of E.O.
12866, as supplemented by E.O. 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it under these orders.
    The final rule updates an incorporation by reference from the April
1, 2019, edition to the April 1, 2021, edition of CVSA's handbook
titled ``North American Standard Out-of-Service Criteria and Level VI
Inspection Procedures and Out-of-Service Criteria for Commercial
Highway Vehicles Transporting Transuranics and Highway Route Controlled
Quantities of Radioactive Materials as defined in 49 CFR part
173.403.'' FMCSA reviewed its MCMIS data on inspections performed from
2015 to 2019 and does not expect the handbook updates to have any
effect on the number of OOS violations cited during Level VI
inspections. Therefore, the final rule's impact would be de minimis.

B. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801, et seq.),
OIRA designated this rulemaking as not a ``major rule,'' as defined by
5 U.S.C. 804(2).\4\
---------------------------------------------------------------------------

    \4\ A ``major rule'' means any rule that the Administrator of
OIRA at OMB finds has resulted in or is likely to result in (a) an
annual effect on the economy of $100 million or more; (b) a major
increase in costs or prices for consumers, individual industries,
Federal agencies, State agencies, local government agencies, or
geographic regions; or (c) significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to compete with
foreign-based enterprises in domestic and export markets (5 U.S.C.
804(2)).
---------------------------------------------------------------------------

C. Regulatory Flexibility Act (Small Entities)

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
(RFA), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (Pub. L. 104-121, 110 Stat. 857), requires Federal agencies
to consider the effects of the regulatory action on small business and
other small entities and to minimize any significant economic impact.
The term ``small entities'' comprises small businesses and not-for-
profit organizations that are independently owned and operated and are
not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000 (5 U.S.C. 601(6)). Accordingly, DOT
policy requires an analysis of the impact of all regulations on small
entities, and mandates that agencies strive to lessen any adverse
effects on these businesses. None of the updates from the 2021 edition
imposes new requirements or makes substantive changes to the FMCSRs.
    When an Agency issues a rulemaking proposal, the RFA requires the
Agency to ``prepare and make available an initial regulatory
flexibility analysis'' that will describe the impact of the proposed
rule on small entities (5 U.S.C. 603(a)). Section 605 of the RFA allows
an agency to certify a rule, instead of preparing an analysis, if the
final rule is not expected to impact a substantial number of small
entities. This final rule updates an incorporation by reference found
at 49 CFR 385.4(b)(1) and referenced at 49 CFR 385.415(b), and
incorporates by reference the April 1, 2021, edition of the CVSA
handbook. The changes to the 2021 edition of the CVSA handbook from the
2019 edition are intended to ensure clarity in the presentation of the
OOS conditions and are generally editorial or ministerial. As noted
above, FMCSA does not expect the changes made in the 2021 edition of
the CVSA handbook to affect the number of OOS violations cited during
Level VI inspections. Accordingly, I certify that this final rule will
not have a significant economic impact on a substantial number of small
entities.

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this rulemaking so they can better evaluate its
effects on themselves and participate in the rulemaking initiative. If
the rulemaking would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult the person listed
under FOR FURTHER INFORMATION CONTACT.
    Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $170 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2020 levels) or more in any one year. Though this rulemaking would not
result in such an expenditure, the Agency does discuss the effects of
this rulemaking elsewhere in this preamble.

F. Paperwork Reduction Act

    This rulemaking contains no new information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

G. E.O. 13132 (Federalism)

    A rule has implications for federalism under Section 1(a) of E.O.
13132 if it has ``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.''
    FMCSA has determined that this rulemaking does not have substantial
direct costs on or for States, nor does it limit the policymaking
discretion of States. Nothing in this document preempts any State law
or regulation. Therefore, this rulemaking does not have sufficient
federalism implications to warrant the preparation of a Federalism
Impact Statement.

H. Privacy

    The Consolidated Appropriations Act, 2005,\5\ requires the Agency
to conduct a privacy impact assessment (PIA) of a regulation that will
affect the privacy of individuals. This rulemaking does not require the
collection of personally identifiable information, and therefore a PIA
is not necessary.
---------------------------------------------------------------------------

    \5\ Public Law 108-447, 118 Stat. 2809, 3268, 5 U.S.C. 552a note
(Dec. 8, 2004).
---------------------------------------------------------------------------

I. E.O. 13175 (Indian Tribal Governments)[FEDREG][VOL]*[/VOL][NO]*[/
NO][DATE]*[/DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/
SUBJECT][/PREAMB][SUPLINF][HED]*[/HED]

    This rulemaking does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does 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.

J. National Environmental Policy Act of 1969

    FMCSA analyzed this rulemaking for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004),
Appendix 2, paragraph 6(b). This Categorical Exclusion (CE) covers
minor revisions to regulations. The requirements in this rulemaking are
covered by this CE, and the rulemaking does not have any effect on the
quality of the environment.

List of Subjects in 49 CFR 385

    Administrative practice and procedure, Highway safety,
Incorporation by reference, Mexico, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.

    In consideration of the foregoing, FMCSA amends 49 CFR chapter III,
part 385, as set forth below:

PART 385--SAFETY FITNESS PROCEDURES

0
1. The authority citation for part 385 continues to read as follows:

    Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113,
13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec.
113(a), Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 408, Pub. L.
104-88, 109 Stat. 803, 958; sec. 350, Pub. L. 107-87, 115 Stat. 833,
864; sec. 5205, Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR
1.87.

0
2. Revise Sec.  385.4(b)(1) to read as follows:

Sec.  385.4  Matter incorporated by reference.

* * * * *
    (b) * * *
    (1) ``North American Standard Out-of-Service Criteria and Level VI
Inspection Procedures and Out-of-Service Criteria for Commercial
Highway Vehicles Transporting Transuranics and Highway Route Controlled
Quantities of Radioactive Materials as defined in 49 CFR part
173.403,'' April 1, 2021, incorporation by reference approved for Sec.
385.415(b).
* * * * *

    Issued under authority delegated in 49 CFR 1.87.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021-27851 Filed 12-22-21; 8:45 am]
BILLING CODE 4910-EX-P[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES]


[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Notices]
[Pages 76968-76969]
[FR Doc No: 2015-31212]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC16-31-000.
    Applicants: Slate Creek Wind Project, LLC.
    Description: Clarification to November 9, 2015 Application for
Authorization under Section 203 of the FPA of Slate Creek Wind Project,
LLC.
    Filed Date: 12/4/15.
    Accession Number: 20151204-5287.
    Comments Due: 5 p.m. ET 12/14/15.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG16-28-000.
    Applicants: Javelina Interconnection, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Javelina Interconnection, LLC.
    Filed Date: 12/7/15.
    Accession Number: 20151207-5121.
    Comments Due: 5 p.m. ET 12/28/15.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER15-2423-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Report Filing: 1890R4 Westar Energy, Inc. Refund
Report to be effective N/A.
    Filed Date: 12/7/15.
    Accession Number: 20151207-5095.
    Comments Due: 5 p.m. ET 12/28/15.

    Docket Numbers: ER15-2433-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Report Filing: 1897R4 Westar Energy, Inc. Refund
Report to be effective N/A.
    Filed Date: 12/7/15.
    Accession Number: 20151207-5101.
    Comments Due: 5 p.m. ET 12/28/15.

    Docket Numbers: ER15-2498-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Report Filing: 2491R3 Westar Energy, Inc. Refund
Report to be effective N/A.
    Filed Date: 12/7/15.
    Accession Number: 20151207-5093.
    Comments Due: 5 p.m. ET 12/28/15.

    Docket Numbers: ER15-2507-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Report Filing: 1976R4 Kaw Valley Electric Cooperative
Inc. Refund Report to be effective N/A.
    Filed Date: 12/7/15.
    Accession Number: 20151207-5099.
    Comments Due: 5 p.m. ET 12/28/15.

    Docket Numbers: ER15-2520-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Report Filing: 2041R4 Kansas City Board of Public
Utilities Refund Report to be effective N/A.
    Filed Date: 12/7/15.
    Accession Number: 20151207-5097.
    Comments Due: 5 p.m. ET 12/28/15.

    Docket Numbers: ER15-2679-000.
    Applicants: Latigo Wind Park, LLC.
    Description: Amendment to September 21, 2015 and October 22, 2015
Latigo Wind Park, LLC tariff filings.
    Filed Date: 12/4/15.
    Accession Number: 20151204-5301.
    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: ER16-81-001.
    Applicants: Huntley Power LLC.
    Description: Tariff Amendment: Amendment to the Application for
Reliability Must Run Service to be effective 3/1/2016.
    Filed Date: 12/7/15.
    Accession Number: 20151207-5183.
    Comments Due: 5 p.m. ET 12/28/15.

    Docket Numbers: ER16-454-000.
    Applicants: Seward Generation, LLC.
    Description: Errata to December 3, 2015 Seward Generation, LLC
tariff filing.
    Filed Date: 12/3/15.
    Accession Number: 20151203-5220.
    Comments Due: 5 p.m. ET 12/24/15.

    Docket Numbers: ER16-472-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2015-12-07_SA 2866 Northern
States Power Company-NWEC T-TIA to be effective 1/1/2016.
    Filed Date: 12/7/15.
    Accession Number: 20151207-5098.
    Comments Due: 5 p.m. ET 12/28/15.

    Docket Numbers: ER16-473-000.
    Applicants: Midcontinent Independent System Operator, Inc., Great
River Energy.
    Description: Sec.  205(d) Rate Filing: 2015-12-07_GRE-Amended JPZ
RS 28 to be effective 1/1/2016.
    Filed Date: 12/7/15.
    Accession Number: 20151207-5132.
    Comments Due: 5 p.m. ET 12/28/15.

    Docket Numbers: ER16-474-000.
    Applicants: Central Antelope Dry Ranch C LLC.
    Description: Baseline eTariff Filing: Central Antelope Dry Ranch C
LLC MBR Tariff to be effective 2/1/2016.
    Filed Date: 12/7/15.
    Accession Number: 20151207-5167.
    Comments Due: 5 p.m. ET 12/28/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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 Sec.  385.211 and Sec.  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.
    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: December 7, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-31212 Filed 12-10-15; 8:45 am]
 BILLING CODE 6717-01-P