[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Notices]
[Page 42721]
[FR Doc No: 2012-17675]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-2227-000]

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

    This is a supplemental notice in the above-referenced proceeding,
of Ensign Wind, LLC's application for market-based rate authority, with
an accompanying rate schedule, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is August 6, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) 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 email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 16, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-17675 Filed 7-19-12; 8:45 am]
BILLING CODE 6717-01-P


Summary of DuPont Site Visit

Site:	DuPont, Experimental Station

	Wilmington, DE

Date: 		October 20, 2003

Purpose:	To learn about the generation and management of RCRA hazardous
waste in research laboratories outside of colleges and universities

Attendees:

U.S. EPA, Office of Solid Waste

Kristin Fitzgerald

Gail Cooper

Anna Tschursin

Kristina Meson

Lisa Lauer

James O’Leary

DuPont Staff

Michael Werner, Weston Solutions

Bob Oranzi, Manager, Environmental Services

To begin the site visit, staff from DuPont presented general overview
information about the Experimental Station.  It is composed of
approximately 2000 labs, with 650 principal investigators and 2000
scientists.  The site is devoted exclusively to research and
development.

We discussed their hazardous waste generation and management practices
at the Station.

DuPont staff indicated that the researchers at the Station have low
turnover and typically host 1 or 2 post-doctoral fellows a year.

We visited several laboratories within the Station, as well as a 90-day
area.  We also visited the Station’s on-site RCRA permitted
incinerator, where DuPont incinerates all the hazardous waste that it
generates on-site.


[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Pages 47645-47646]
[FR Doc No: 2021-18394]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-0008]

General and Plastic Surgery Devices Panel of the Medical Devices
Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the General and Plastic Surgery
Devices Panel of the Medical Devices Advisory Committee. The general
function of the committee is to provide advice and recommendations to
the Agency on FDA's regulatory issues. The meeting will be open to the
public.

DATES: The meeting will take place virtually on October 20, 2021, from
9 a.m. Eastern Time to 6 p.m. Eastern Time.

ADDRESSES: Please note that due to the impact of this COVID-19
pandemic, all meeting participants will be joining this advisory
committee meeting via an online teleconferencing platform. Answers to
commonly asked questions including information regarding special
accommodations due to a disability may be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.

FOR FURTHER INFORMATION CONTACT: Candace Nalls, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5216, Silver Spring, MD 20993-0002,
<EMAIL_ADDRESS>301-636-0510, or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check the Agency's website at: https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link or call the advisory committee
information line to learn about possible modifications before the
meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. On October
20, 2021, the committee will discuss, make recommendations, and vote on
information regarding the premarket approval application (PMA) for the
SurgiMend PRS Acellular Bovine Dermal Matrix (SurgiMend PRS ABDM) by
Integra LifeSciences Corporation. The proposed Indication for Use, as
stated in the PMA, is as follows: SurgiMend PRS Acellular Bovine Dermal
Matrix is intended for use as soft tissue support in post-mastectomy
breast reconstruction. SurgiMend PRS Acellular Bovine Dermal Matrix is
specifically indicated for immediate, two-stage, submuscular,
alloplastic breast reconstruction.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available on FDA's website at
the time of the advisory committee meeting, and the background material
will be posted on FDA's website after the meeting. Background material
and the link to the online teleconference meeting room will be
available at https://www.fda.gov/advisory-committees/medical-devices-advisory-committee/general-and-plastic-surgery-devices-panel. Select
the link for the 2021 Meeting Materials. The meeting will include slide
presentations with audio components to allow the presentation of
materials in a manner that most closely resembles an in-person advisory
committee meeting.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the Committee.
Written submissions may be made to the contact person on or before
October 6, 2021. Oral presentations from the public will be scheduled
on October 20, 2021, between approximately 2 p.m. Eastern Time and 3
p.m. Eastern Time. Those individuals interested in making formal oral
presentations should notify the contact person (see FOR FURTHER
INFORMATION CONTACT). The notification should include a brief statement
of the general nature of the evidence or arguments they wish to
present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before September 28, 2021. Time allotted for each presentation
may be limited. If the number of registrants requesting to speak is
greater than can be reasonably accommodated during the scheduled open
public hearing session, FDA may conduct a lottery to determine the
speakers for the scheduled open public hearing sessions. The contact
person will notify interested persons regarding their request to speak
by September 29, 2021.
    For press inquiries, please contact the Office of Media Affairs at
<EMAIL_ADDRESS>or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Ann Marie Williams at<EMAIL_ADDRESS>or 301-796-
5966 at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: August 20, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-18394 Filed 8-25-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 15 (Tuesday, January 26, 2021)]
[Notices]
[Pages 7081-7084]
[FR Doc No: 2021-01613]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM21-9-000]

Financial Assurance Measures for Hydroelectric Projects

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of inquiry.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
inviting comments on what changes, if any, the Commission should make
to its practices for requiring financial assurance measures in licenses
and other authorizations for hydroelectric projects.

DATES: Comments are due March 29, 2021.

ADDRESSES: Comments, identified by Docket No. RM21-9-000, may be filed
in the following ways:
     Agency website: Electronic filing through http://www.ferc.gov. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format.
     Mail: Those unable to file electronically may mail
comments via the U.S. Postal Service to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426. Hand-delivered comments or comments sent via any
other carrier should be delivered to: Federal Energy Regulatory
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
    Instructions: For detailed instructions on submitting comments, see
the Comment Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT:
Elizabeth Bootz (Legal Information) Office of the General Counsel--
Energy Projects, Federal Energy Regulatory Commission, 888 First Street
NE, Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>Kelly Houff (Technical Information) Office of Energy Projects, Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In this Notice of Inquiry, the Federal
Energy Regulatory Commission (Commission) seeks comments on whether,
and if so, how the Commission should require additional financial
assurance

mechanisms in the licenses \1\ and other authorizations it issues for
hydroelectric projects, to ensure that licensees have the capability to
carry out license requirements and, particularly, to maintain their
projects in safe condition.
---------------------------------------------------------------------------

    \1\ Use of the word ``license'' herein refers to both licenses
and exemptions or licensees and exemptees, unless otherwise
specified.
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I. Background

    1. Section 4(e) of the Federal Power Act (FPA) authorizes the
Commission to issue licenses ``for the purpose of constructing,
operating, and maintaining dams, water conduits, reservoirs, power
houses, transmission lines, or other project works necessary or
convenient . . . for the development, transmission, and utilization of
power.'' \2\ Approximately 1,600 hydroelectric projects throughout the
United States are under Commission license. In issuing these
hydroelectric licenses, the Commission is required to consider power
and development purposes and ``give equal consideration to the purposes
of energy conservation, the protection, mitigation of damage to, and
enhancement of, fish and wildlife (including related spawning grounds
and habitat), the protection of recreational opportunities, and the
preservation of other aspects of environmental quality.'' \3\ Section
10(a) of the FPA requires that any project for which the Commission
issues a license be best adapted to a comprehensive plan for improving
or developing a waterway or waterways for the use or benefit of
interstate or foreign commerce; for the improvement and use of
waterpower development; for the adequate protection, mitigation, and
enhancement of fish and wildlife; and for other beneficial public uses,
including irrigation, flood control, water supply, recreation, and
other purposes.\4\
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    \2\ 16 U.S.C. 797(e).
    \3\ Id.
    \4\ 16 U.S.C. 803(a).
---------------------------------------------------------------------------

    2. Section 10(c) of the FPA also requires licensees to ``maintain
the project works in a condition of repair adequate for the purposes of
navigation and for the efficient operation of said works in the
development and transmission of power, . . . make all necessary
renewals and replacements, . . . establish and maintain adequate
depreciation reserves for such purposes, . . . so maintain and operate
said works as not to impair navigation, and . . . conform to such rules
and regulations as the Commission may from time to time prescribe for
the protection of life, health, and property.'' \5\
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    \5\ Id.
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    3. In making its public interest determination under section 10(a),
the Commission considers a number of factors, including the economic
benefits of project power. The basic purpose of the Commission's
economic analysis is to provide a general estimate of the potential
power benefits and the costs of a project, and reasonable alternatives
to project power. As articulated in Mead Corp., project economics is
one of many factors the Commission considers in determining whether or
not, and under what conditions to issue a license.\6\ Ultimately, it is
up to the applicant to decide whether to accept a license as
conditioned and any financial risks that entails. However, the Mead
Corp. analysis is intended only to provide a rough estimate of the cost
of project power compared to that of alternative energy sources: It is
not intended to show whether and to what degree the project will have a
positive cash flow over the life of the license. The Commission has
explained that making predictions of long-term project economics would
involve speculation as there are many variables, known and unknown.\7\
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    \6\ 72 FERC ] 61,027, at 61,069 (1995). For example, the
Commission will impose reasonable conditions, regardless of their
impact on project economics. See City of Tacoma, Wash., 84 FERC ]
61,107 (1998), aff'd in pertinent part, City of Tacoma, Wash. v.
FERC, 460 F.3d 53 (D.C. Cir. 2006).
    \7\ See Mead Corp., 72 FERC at 61,068 (explaining that long-term
economic analyses require many assumptions and that even under
relatively stable conditions, ``such forecasts could never be more
than a general guide'').
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    4. The Commission has taken steps to protect against the failure of
a project sponsor's financial planning. For example, to reduce the risk
that a project under construction could be abandoned before completion
of construction because of inadequate funds, the Commission has
required the licensee to file a financing plan prior to beginning
construction.\8\ Initially, financing plans were included in original
licenses or relicenses with extensive new construction to ensure that
construction could be completed; \9\ however, the financing plan
article has been modified to ensure funds are available for operation
and maintenance in addition to construction.\10\ Accordingly, the
Commission currently includes a financing plan article in licenses that
authorize new construction.\11\ This article requires licensees to file
a project financing plan with the Commission to show that the licensee
has the necessary funds to complete project construction and to operate
and maintain the project.\12\ This article, however, does not require a
licensee to demonstrate the ability to finance unknown future
obligations that may arise from environmental concerns or significant
dam safety issues.
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    \8\ See, e.g., City of Le Claire, Iowa, 74 FERC ] 61,127, at
61,462 (1996). In requiring financing plans, the Commission has
explained that it is concerned not only about potential
environmental impacts associated with a partially constructed
project, but also with ensuring that projects are developed in a
timely and diligent manner. See, e.g., Clark Canyon Hydro, LLC, 150
FERC ] 61,195, at P 44 (2015); see also City of Augusta, Ky., 72
FERC ] 61,114, at 61,594 (1995).
    \9\ E.g., Halecrest Co., 60 FERC ] 61,121 (1992).
    \10\ E.g., Marseilles Land and Water Co., 137 FERC ] 62,235, at
art. 307 (2011), order on reh'g and clarification, 138 FERC ] 61,120
(2012).
    \11\ License amendments that approve construction for
significant modifications to project facilities may also include
financing plan requirements. See, e.g., BMB Enters., Inc., 147 FERC
] 62,044, at art. 206 (2014).
    \12\ E.g., Kenai Hydro, LLC, 168 FERC ] 61,125, at P 109 and
art. 207 (2019).
---------------------------------------------------------------------------

    5. In rare cases, the Commission has also included a requirement to
file a financial assurance plan.\13\ The financial assurance article
requires licensees to submit a plan that identifies the costs of
project facilities that would be removed, secured in-place, or
otherwise modified to ensure public safety, as well as other measures
needed to protect environmental resources, in the event the licensee
cannot complete project construction or is unable to operate the
project once construction is complete. After approval of the financial
assurance plan and before beginning ground disturbing activities, the
licensee must obtain a bond or equivalent financial instrument to
ensure the licensee has the economic means to implement the plan. The
licensee is also required to file annual reports to document that the
bond or equivalent financial instrument remains in effect for the
ensuing year.
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    \13\ See, e.g., PacifiCorp, 144 FERC ] 62,239, at art. 307
(2013) (requiring license transferee to file financial assurance
plan to demonstrate it had funds necessary to operate and maintain
project). See also Marseilles Land and Water Co., 137 FERC ] 62,235
at P 80 n.46 (requiring financial assurance plan in addition to the
financing plan for an original license, based on ``a reasonable
possibility that the licensee could find itself in the position of
having insufficient funds or project land rights to continue
constructing or operating the . . . Project in the absence of a
Financial Assurance Plan'').
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    6. However, the vast majority of existing licenses do not include
requirements addressing whether a licensee can afford ongoing operation
and maintenance expenses, required environmental or safety measures, or
measures required to ensure the facility can meet future dam safety
requirements.
    7. Non-operational or non-compliant projects can pose public safety
hazards

in the event of a dam failure or breach, as demonstrated by the failure
of the Edenville and Sanford dams near Midland, Michigan, on May 19,
2020. The cause of these dam failures is still under investigation.
Nonetheless, the licensee of both projects had for many years failed to
comply with dam safety directives, at least in part due to the alleged
lack of financial capacity to meet Commission requirements, which
resulted in the Commission revoking the license for the Edenville
project in 2018.\14\ The dam failures created an immediate safety
hazard requiring thousands to evacuate, and estimates to repair and
restore the dams have been more than $300 million dollars, which does
not include the damages that property owners affected by the flooding
may have suffered.
---------------------------------------------------------------------------

    \14\ See Boyce Hydro Power, LLC, 164 FERC ] 61,178 (2018)
(revoking the license for the Edenville Project No. 10808 due to the
licensee's ``longstanding failure to increase the project's spillway
capacity to safely pass flood flows, as well as its failure to
comply with its license, the Commission's regulations, and a June
15, 2017 Compliance Order''), order on reh'g, 166 FERC ] 61,029
(2019).
---------------------------------------------------------------------------

    8. While significant dam failures have fortunately been very rare,
the Commission has seen increasing numbers of projects that are non-
operational or out of compliance with their license conditions, where
licensees have stated that they cannot afford to operate or maintain
the projects or implement required environmental or safety measures.
Commission staff regularly works with these licensees to bring these
projects back into operation or compliance, but only with mixed
success.\15\
---------------------------------------------------------------------------

    \15\ Section 6.4 of the Commission's regulations gives licensees
three years to resolve their non-operating issues. 18 CFR 6.4.
---------------------------------------------------------------------------

    9. As of December 2020, Commission staff is aware of approximately
88 projects that are non-operational and is working with licensees of
non-operating projects to restore operations. A licensee's lack of
financial resources is often a key factor in a project becoming non-
operational. For those licensees that cannot restore operation, some
licensees apply to surrender their licenses. However, for those where
operating the project or bringing the project into compliance is too
financially burdensome, the surrender process may also be economically
infeasible. Where licensees show the inability or unwillingness to
maintain their projects and do not voluntarily seek surrender, the
Commission has terminated licenses by implied surrender.\16\ But
implied surrender may not be appropriate where environmental or dam
safety measures need to be taken to leave the project in acceptable
condition. In addition to voluntary and implied surrender, the
Commission has enforcement mechanisms at its disposal, including
license revocation, the imposition of civil penalties, seeking
injunction relief in federal court, and referral to the Department of
Justice for criminal prosecution. These measures, while appropriate in
some cases, may not result in necessary license compliance.
---------------------------------------------------------------------------

    \16\ See, e.g., Brentwood Dam Ventures, LLC, 158 FERC ] 61,037
(2017) (terminating the exemption for the Exeter River Hydro #1
Project No. 4254 by implied surrender because the exemptee did not
make the necessary repairs to restore project operation); see also
James Lichoulas Jr., 124 FERC ] 61,255 (2008) (terminating the
license for the Appleton Trust Project No. 9300 by implied surrender
because the licensee failed to restore project operation after more
than a decade), aff'd, Lichoulas v. FERC, 600 F.3d 769 (D.C. Cir.
2010).
---------------------------------------------------------------------------

    10. Based on the concern that inadequate financing may result in
threats to public safety and environmental resources, the Commission is
considering whether additional measures should be taken to ensure
licensees have the financial resources to operate and maintain their
projects for the life of the project, including under unforeseen
circumstances. We recognize that imposing additional financial
requirements may pose difficulties for licensees, particularly those
operating small projects, but are also cognizant of our
responsibilities to the public. Therefore, the Commission is soliciting
public comment on potential mechanisms to ensure that licensees can
afford required safety measures, ongoing project operation and
maintenance expenses, and license compliance to prevent future safety
and environmental hazards.

II. Subject of the Notice of Inquiry

    11. The Commission seeks comments on whether, and, if so, how the
Commission should revise its practices for requiring financial
assurance mechanisms in the licenses and other authorizations it issues
for hydroelectric projects. First, we solicit comments regarding how
and when the Commission should require financial assurance from
licensees. Specifically, should a financial assurance requirement be
included in original licenses and/or on relicense? If on relicense,
should such a requirement be included in both new licenses for major
projects and subsequent licenses for minor projects? Should the
Commission also require financial assurance requirements in other
authorizations, such as all exemptions, amendment requests, and
transfers? Should the Commission reopen licenses to impose financial
assurance measures? Should the Commission require licensees to reaffirm
or recertify that they have adequate financial assurance instruments
every few years during their license term? If so, how often during a
license term should the Commission require licensees to demonstrate
that they still have adequate finances? Should the Commission require
licensees to notify the Commission if the circumstances underlying
their financial assurance instruments have changed?
    12. Below we outline three potential options that Commission staff
has identified for establishing financial assurance mechanisms in
hydroelectric licenses: (1) Requiring licensees to obtain bonds to
cover the costs of safety measures and project operation and
maintenance; (2) establishing an industry-wide trust or remediation
fund or requiring licensees to maintain an individual trust, escrow, or
remediation fund; or (3) requiring licensees to obtain insurance
policies for unforeseen safety hazards or dam failures. We encourage
comments on these options as well as the suggestion of any other
alternatives. While the Commission will consider all comments filed,
the Commission may not, and is not required to, take further action.

A. Bonds

    13. The Commission could require licensees to obtain bonds to
ensure they have sufficient funds to pay for operation, maintenance,
environmental, and safety measures throughout the duration of the
license. The Commission seeks comment on this option and the following
questions:
    i. Should the Commission require licensees to obtain bonds as a
financial assurance mechanism?
    ii. If so, how should the Commission determine the amount of the
bond or what factors should the Commission consider when determining
the bond amount?
    iii. Are bonds within the resources of all licensees, including
those of small hydroelectric projects. Could the Commission mitigate
these expenses?
    iv. What other challenges would bond requirements pose to
individual licensees, municipal licensees, the public, or the
Commission?

B. Trust, Escrow, or Remediation Fund

    14. The Commission could establish an industry-wide trust or
remediation fund to pay for necessary repairs and remediation, similar
to the Environmental Protection Agency's superfund program, or could
require

licensees to maintain an individual trust or remediation fund that is
similar to what is done in the nuclear industry. The Commission could
also require funds to be placed in escrow. The Commission seeks comment
on this option and the following questions:
    i. Should the Commission establish an industry-wide trust or fund
as a financial assurance mechanism?
    ii. If so, how should the Commission generate funds for the trust?
Should the Commission consider using its annual charge authority to
fund an industry-wide trust?
    iii. How should the Commission determine the appropriate level of
funds for an industry-wide trust?
    iv. How should the Commission determine how funds are distributed?
    v. Should the Commission require licensees to maintain an
individual trust or escrow fund as a financial assurance mechanism?
    vi. For individual trusts, how should the Commission determine the
appropriate level of the trust and what factors should the Commission
consider in determining amounts?
    vii. For individual escrows, should the Commission require
licensees to retain a certain percentage of generation receipts in an
escrow account?
    viii. What other challenges would an industry-wide or individual
trust pose on individual licensees, small hydroelectric project
licensees, municipal licensees, the public, or the Commission?

C. Insurance

    15. The Commission could require licensees to obtain insurance
policies to cover costs in the event of a safety hazard or dam failure.
The Commission seeks comment on this option and the following
questions:
    i. Should the Commission require licensees to obtain insurance
policies as a financial assurance mechanism for project maintenance?
    ii. How should the Commission determine the amount of required
coverage of an insurance policy or what factors should the Commission
consider when determining the amount of coverage?
    iii. What other challenges would a requirement to obtain an
insurance policy pose on individual licensees, small hydroelectric
project licensees, municipal licensees, the public, or the Commission?

III. Comment Procedures

    16. The Commission invites interested persons to submit comments
and other information on the matters, issues, and specific questions
identified in this notice, and any alternative proposals that
commenters may wish to discuss. Comments are due March 29, 2021.
Comments must refer to Docket No. RM21-9-000, and must include the
commenter's name, the organization they represent, if applicable, and
their address.
    17. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's website at http://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
    18. In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. The first page of any filing should include docket
number RM21-9-000.
    19. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.

IV. Document Availability

    20. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov). At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the President's March 13, 2020
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19).
    21. From the Commission's Home Page on the internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
    22. User assistance is available for eLibrary and the Commission's
website during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
    By direction of the Commission.

    Issued: January 19, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-01613 Filed 1-25-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Notices]
[Page 13582]
[FR Doc No: 2018-06333]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2018-20]

Petition for Exemption; Summary of Petition Received; Southern
Utah University

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

ACTION: Notice.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before April 18, 2018.

ADDRESSES: Send comments identified by docket number FAA-2018-0215
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Brenda Robeson<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591-0001.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on March 22, 2018.
Lirio Liu,
Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2018-0215.
    Petitioner: Southern Utah University.
    Section(s) of 14 CFR Affected: 147.21(a)-(c), and appendices B, C
and D.
    Description of Relief Sought: Southern Utah University (SUU)
petitioned the FAA for an exemption from the general curriculum
requirements provided for in 14 Code of Federal Regulations Sec.
147.21(a)-(c), and appendices B, C and D. SUU requested relief to the
extent necessary to allow it to utilize a credit hour system, and
propose curriculum to coincide with emerging aviation maintenance
technician airman certification standards.

[FR Doc. 2018-06333 Filed 3-28-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Notices]
[Pages 37915-37916]
[FR Doc No: 2012-15457]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4062-DR; Docket ID FEMA-2012-0002]

Hawaii; Major Disaster Declarations and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Hawaii (FEMA-4062-DR), dated April 18, 2012,
and related determinations.

DATES: Effective April 18, 2012.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated April 18, 2012, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Hawaii resulting from severe storms, flooding, and landslides
during the period of March 3-11, 2012, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of Hawaii.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Mark H. Armstrong, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Hawaii have been designated as
adversely affected by this major disaster:

    Kauai County for Public Assistance.

    All counties within the State of Hawaii are eligible to apply
for assistance under the Hazard Mitigation Grant Program.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-15457 Filed 6-22-12; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 82, Number 241 (Monday, December 18, 2017)]
[Notices]
[Pages 60008-60009]
[FR Doc No: 2017-27176]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 5891-009]

Deschutes Valley Water District; Notice of Revised Application
Accepted for Filing, Soliciting Motions To Intervene and Protests,
Comments, Recommendations, Terms and Conditions, and Fishway
Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Revised Amendment Application.
    b. Project No.: 5891-009.
    c. Date Filed: October 31, 2017.
    d. Applicant: Deschutes Valley Water District (licensee).
    e. Name of Project: Opal Springs Hydroelectric Project.
    f. Location: The project is located on the Crooked River in
Jefferson County, Oregon.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Edson Pugh, General Manager, Deschutes Valley
Water District, 881 SW Culver Highway, Madras, Oregon 97741; telephone
(541) 475-3849; email [email protected].
    i. FERC Contact: Jennifer Ambler; telephone:<PHONE_NUMBER>; email
address: [email protected].
    j. Deadline for filing motions to intervene and protests, comments,
recommendations, terms and conditions, and fishway prescriptions is 30
days from the issuance date of this notice by the Commission.
    All documents may be filed electronically via the internet. See, 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
website at http://www.ferc.gov/docs-filing/efiling.asp. The Commission
strongly encourages electronic filing. Please file motions to
intervene, protests, comments, recommendations, terms and conditions
and fishway prescriptions using the Commission's eFiling system at
http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at [email protected],<PHONE_NUMBER> (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE, Washington, DC 20426. The first page of any filing should
include docket number P-5891-009.
    k. Description of Request: On October 8, 2015, the licensee filed
an application to amend its license and install fish passage facilities
at the project. Public notice of the application was issued November 5,
2015. That application was placed in abeyance on December 21, 2016. The
licensee's October 31, 2017 filing of its revised amendment application
lifts the abeyance. Therefore, Commission staff notices the licensee's
revised amendment application.
    The licensee proposes to construct upstream fish passage facilities
on the east bank of the dam and to modify the existing spillway to
improve downstream fish passage. To accommodate the proposed
modifications, the licensee would raise the project's normal maximum
reservoir elevation by 3 feet and would replace the current flashboard
system with a fixed wooden flashboard section along with one inflatable
weir to attain the proposed higher reservoir elevation. The licensee
states that the amendment is necessary to facilitate the reintroduction
of steelhead trout and Chinook salmon. Revisions to the licensee's
original application include a reduction in the proposed normal maximum
pool elevation increase from 6 feet to 3 feet, a modified forebay
elevation range for fish ladder operation, a single fish ladder exit,
and the use of one gate for downstream fish passage.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE, Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application. The revised application
remains a part of the original proceeding; therefore, interveners to
the original proceeding need not refile intervention motions.
    o. Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the title PROTEST, MOTION TO INTERVENE,
COMMENTS, RECOMMENDATIONS, TERMS AND CONDITIONS, or 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). All comments, recommendations, terms and conditions, or
prescriptions should relate to the proposed amendment application and
fish passage operation

plan. 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. If an intervener 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. 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.

    Dated: December 12, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-27176 Filed 12-15-17; 8:45 am]
 BILLING CODE 6717-01-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency s Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement, and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request 2. OMB control number b. X None EPA/ OAQPS/ ESD a.   2 0 6 0 3. Type of information collection ( check one) 4. Type of review requested ( check one)

a. X New collection a. X Regular b. Revision of a currently approved collection b. Emergency  Approval requested by: / /

c. Extension of a currently approved collection c. Delegated d. Reinstatement, without change, of a previously 5. Small entities approved collection for which approval has expired Will this information collection have a significant economic impact on a e. Reinstatement, with change, of a previously substantial number of small entities? Yes X No approved collection for which approval has expired f. Existing collection in use without OMB control 6. Requested expiration date number a. X Three years from approval date For b   f, note Item A2 of Supporting Statement Instructions b. Other Specify: /

7. Title Recordkeeping and Reporting Requirements for the Clay Ceramics Manufacturing NESHAP 8. Agency form number( s) ( if applicable)

ICR no. 2023.01 9. Keywords Environmental protection, Air pollution control, Hazardous substances, Clay ceramics production, Recordkeeping and reporting requirements 10. Abstract Owners or operators of clay ceramics plants would comply with recordkeeping and reporting requirements of the NESHAP General Provisions ( 40 CFR Part 63, Subpart A) and maintain records of specific information needed by EPA to determine if compliance has been achieved.

11. Affected public 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") ( Mark primary with " P" and all others that apply with " X")

a. Individuals or households d. Farms a. Voluntary b. P Business or other for profit e. X Federal Government b. Required to obtain or retain benefits c. Not for profit institutions f. X State, Local or Tribal c. P Mandatory Government 13. Annual reporting and recordkeeping hour burden 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Number of respondents 2.7 a. Total annualized capital/ startup costs 1.8 b. Total annual responses 16 b. Total annual costs ( O& M) 0.36 1. Percentage of these responses c. Total annualized cost requested 2.2 collected electronically 10 % d. Current OMB inventory 0 c. Total annual hours requested 185 e. Difference 2.2 d. Current OMB inventory 0 f. Explanation of difference e. Difference 185 1. Program change 2.2 f. Explanation of difference 2. Adjustment 1. Program change 185 2. Adjustment 15. Purpose of information collection 16. Frequency of recordkeeping or reporting ( check all that apply)

( Mark primary with " P" and all others that apply with " X") a. X Recordkeeping b. Third party disclosure a. Application for benefits e. Program planning or c. X Reporting b. Program evaluation management 1. On occasion 2. Weekly c. General purpose statistics f. Research 3. Monthly 4. Quarterly d. Audit g. P Regulatory or compliance 5. X Semi annually 6. Annually 7. Biennially 8. X Other ( describe) Notifications 17. Statistical methods 18. Agency contact ( person who can best answer questions regarding the Does this information collection employ statistical methods? content of this submission)

Yes X No Name: Mary Johnson, EPA/ OAQPS/ ESD/ MICG Phone: ( 919) 541 5025 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers: ( a) It is necessary for the proper performance of agency functions; ( b) It avoids unnecessary duplication; ( c) It reduces burden on small entities; ( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents; ( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices; ( f) It indicates the retention periods for recordkeeping requirements; ( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number; ( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions); ( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Office Official Date Signature of Senior Official or designee Date Director, Regulatory Information Division OMB 83 I 10/ 95


[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Rules and Regulations]
[Pages 60805-60807]
[FR Doc No: 2015-25575]

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

40 CFR Part 52

[EPA-R04-OAR-2015-0384; FRL-9935-22-Region 4]

Approval and Promulgation of Implementation Plans; Kentucky: New
Sources in or Impacting Nonattainment Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the Commonwealth of Kentucky's September 23, 2011,
State Implementation Plan (SIP) revision, submitted through the
Kentucky Division for Air Quality (KY DAQ), which modifies the SIP by
making changes to Kentucky regulation, ``Review of new sources in or
impacting upon nonattainment areas.'' EPA has determined that
Kentucky's requested SIP revision meets the applicable provisions of
the Clean Air Act (CAA or Act) and EPA regulations regarding
Nonattainment New Source Review (NNSR) permitting.

DATES: This rule is effective November 9, 2015.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0384. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, Air Regulatory
Management

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

I. Background

    On September 23, 2011, KY DAQ submitted a SIP revision to EPA for
approval that makes several changes to Kentucky's regulations at 401
Kentucky Administrative Regulations (KAR) 51:052, Review of new sources
in or impacting nonattainment areas. These regulations establish air
quality permitting requirements for the construction or modification of
major stationary sources located within, or impacting upon, areas
designated nonattainment for any primary national ambient air quality
standard. To ensure improvement of air quality in those areas, the
emissions resulting from construction or modification of a major
stationary source must be offset with compensating emission reductions.
    Kentucky's requested SIP revision would revise 401 KAR 51:052 by:
(1) Changing Section 5, paragraph (6)(b) to authorize new or modified
sources to offset their emission increases with emission reductions
achieved by shutting down an existing unit or curtailing production or
operating hours prior to the new source application date (if specified
conditions are met), (2) adding new and more comprehensive language to
Section 5, paragraph (6)(b) describing how to calculate offsetting
emission reductions obtained from a source shutdown or curtailment (3)
amending Section 4, paragraph (3)(a) to establish an offset ratio of at
least 1:1 for pollutants other than volatile organic compounds and
nitrogen oxides, and (4) making changes to the introductory paragraph
to 401 KAR 51:052 and Section 5, paragraph (3)(e) that update and
clarify these provisions.
    In a notice of proposed rulemaking (NPR) published on August 11,
2015, EPA proposed to approve Kentucky's revisions to 401 KAR 51:052,
Review of new sources in or impacting nonattainment areas revisions.
See 80 FR 48051. The details of Kentucky's submittal and the rationale
for EPA's action are provided in the NPR. EPA did not receive any
relevant comments on the proposed action.

II. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Kentucky Rule
401 KAR 51:052 entitled ``Review of new sources in or impacting
nonattainment areas,'' which became effective in the Commonwealth of
Kentucky on August 4, 2011. EPA has made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and/or in hard copy at the Region 4 office (see the
ADDRESSES section of this preamble for more information).

III. Final Action

    EPA is taking final action to approve the Commonwealth of
Kentucky's September 23, 2011, SIP revision. EPA has determined that
the changes to Kentucky's Rule 401 KAR 51:052, Review of new sources in
or impacting nonattainment areas, are approvable because they are
consistent with CAA section 110 and EPA's regulations regarding NNSR
permitting at 40 CFR 51.165.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely 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 CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications 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. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 7, 2015. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements and
Volatile organic compounds.

    Dated: September 24, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR parts 52 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 S--Kentucky

0
2. In Sec.  52.920, table 1 in paragraph (c) is amended under Chapter
51 by revising the entry for ``401 KAR 51:052'' to read of follows:

Sec.  52.920  Identification of plan.

* * * * *
    (c) * * *

                                   Table 1--EPA-Approved Kentucky Regulations
----------------------------------------------------------------------------------------------------------------
                                                         State effective
         State citation               Title/subject            date       EPA approval  date      Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
401 KAR 51:052.................  Review of new sources         8/4/2011   10/8/2015 [Insert
                                  in or impacting                          Federal Register
                                  nonattainment areas.                     citation]

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

* * * * *
[FR Doc. 2015-25575 Filed 10-7-15; 8:45 am]
 BILLING CODE 6560-50-P


June 19, 2019

Minnesota National Guard
4761 Hamline Avenue North
Arden Hills, Minnesota 55112

Subject: Notice of Partial Deletion for the New Brighton/Arden Hills/Twin Cities Army Ammunition Plant (TCAAP) Superfund Site

Dear Mary Lee:

The U.S. Environmental Protection Agency (U.S. EPA) had previously established an Administrative Record for the NB/AH/TCAAP Superfund Site and had chosen your building to serve as an Administrative Record information repository. The U.S. EPA is required to establish Administrative Records at or near locations where Superfund cleanup activities occur so that the public may have the opportunity to comment constructively on-site activities and to understand the issues relating to the selection of the response action at the site. Enclosed are all documents regarding the Notice of Partial Deletion regarding the site. We suggest the docket remains in your building as reference material for public review.

Although we ask you to use all due care in handling the enclosed documents, the U.S. EPA does maintain another copy at the regional office in Chicago, IL, and neither the repository nor any individuals associated with the repository shall bear any liability for serving as the repository for the Administrative Record. These records are also available online through the semspub.epa.gov website. Select "Region 5" and "Administrative Records" from the dropdown menu, and then search by the state and/or the name of the site.

Thank you for your cooperation in serving as an Administrative Record repository for the U.S. EPA. If you have any questions or comments, please contact me at<PHONE_NUMBER> or at<EMAIL_ADDRESS>

Sincerely,

Kirstin Safakas
Community Involvement Coordinator
External Communications Office
U.S. EPA Region 5


[Federal Register: December 17, 2009 (Volume 74, Number 241)]
[Proposed Rules]
[Page 66934-66935]
[DOCID:fr17de09-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0359; FRL-8983-3]

Approval and Promulgation of Air Quality Implementation Plans;
California; Monterey Bay Region 8-Hour Ozone Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On December 19, 2007, the State of California submitted an 8-
hour ozone maintenance plan for the Monterey Bay Unified Air Pollution
Control District and requested that EPA approve the plan as a revision
to the California State Implementation Plan (SIP). In this action, EPA
is proposing to approve the maintenance plan. In the ``Rules and
Regulations'' section of this Federal Register, EPA is approving the
State's request for approval of the maintenance plan as a direct final
rule without prior proposal because the Agency views the maintenance
plan and SIP revision as non-controversial and anticipates no adverse
comments. A detailed rationale for the approval is set forth in the
direct final rule. If no adverse comments are received in response to
this proposed rule, no further activity is contemplated in relation to
this rule. If EPA receives adverse comments, the direct final rule will
be withdrawn and all public comments received will be addressed in a
subsequent final rule based on this proposed rule. EPA will not
institute a second comment period. Any parties interested in commenting
on this action should do so at this time.

DATES: Comments on this proposed rule must be received in writing by
January 19, 2010.

ADDRESSES: Submit your comments, identified by [EPA-R09-OAR-2009-0359]
by one of the following methods:

     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     E-mail: Sarvy Mahdavi at<EMAIL_ADDRESS>Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
     Fax: Sarvy Mahdavi, Planning Office (AIR-2), at fax number
(415) 947-3579.
     Mail or deliver: Sarvy Mahdavi, Air Planning Office, (AIR-
2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
Street, San Francisco, California 94105-3901. Hand or courier
deliveries are accepted only between the hours of 8 a.m. and 4 p.m.
weekdays except for legal holidays. Special arrangements should be made
for deliveries of boxed information.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-
mail. The http://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through http://

www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Planning Office
(AIR-2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
Street, San Francisco, California 94105-3901. To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Sarvy Mahdavi, Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
Street, San Francisco, California 94105-3901, telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information see the direct final
rule, of the same day, published in the ``Rules and Regulations''
section of this Federal Register.

    Dated: November 6, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E9-29890 Filed 12-16-09; 8:45 am]

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

EPA Registration Division contact: Mark Suarez, PM 13,<PHONE_NUMBER>

Gowan Company

[Insert petition number]

	EPA has received a pesticide petition ([insert petition number]) from Gowan Company, LLC, P.O. Box 556 Yuma, AZ 85366 proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180.

   	1. by establishing a tolerance for residues of 	 	Hexythiazox (trans-5-(4-chlorophenyll)-N-cyclohexyl-4-methyl-2-oxothiazolidine-3-carboxamide) in or on the raw agricultural commodity sorghum, grain at 3 parts per million (ppm); sorghum, grain, forage at 5 ppm; and sorghum, grain, stover at 6 ppm.  EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of the FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

	1. Plant metabolism. The nature of the residues in plants is adequately understood for purposes of this tolerance.  Metabolism studies in fruit crops, radish, tea and corn have been completed.  The Agency has determined that the residues of concern are hexythiazox and its metabolites containing the (4-chlorophenyl)-4-methyl-2-oxo-3-thiazolidine moiety.

	2. Analytical method. A practical analytical method, high pressure liquid chromatography with a UV detector, which detects and measures residues of hexythiazox and its metabolites as a common moiety, is available for enforcement purposes with a limit of detection that allows monitoring of food with residues at or above the levels set in this tolerance.

	3. Magnitude of residues. Eight new field trials were conducted by Gowan Company in support of the proposed label amendments for sorghum (grain).  The amendments include regional (Western US) use of hexythiazox on sorghum (grain).  The results of these new trials support the proposed tolerance levels: sorghum, grain 3 ppm; sorghum, grain, forage 5 ppm; and sorghum, grain, stover 6 ppm.

B. Toxicological Profile

	1. Acute toxicity. A battery of acute toxicity studies places technical grade hexythiazox in Toxicity Category IV for acute oral LD50 (LD50 > 5,000 milligram/kilograms (mg/kg)), Category III for dermal LD50 (LD50 >5,000 mg/kg), Category III for inhalation LC50 (LC50 >2.0 mg/L), Category III for primary eye irritation (showed mild irritation (reddened conjunctiva)), Category IV for dermal irritation (non irritant). Hexythiazox is a non-sensitizer.  Acute toxicological studies place technical grade hexythiazox in Toxicology Category III.

	2. Genotoxicty. The following genotoxicity studies were all negative: Ames gene mutation, CHO gene mutation, CHO chromosome aberration, mouse micronucleus and rat hepatocyte unscheduled DNA synthesis.

	3. Reproductive and developmental toxicity. In a developmental toxicity study in rats, the maternal No-Adverse-Effect-Level (NOAEL) was 240 mg/kg/day and the maternal Lowest-Adverse-Effect-Level (LOAEL) was 720 mg/kg/day based on increased ovarian weights and decreased bone ossification. In a developmental toxicity study in rabbits, the maternal NOAEL was 1,080 mg/kg/day (HDT); the maternal LOAEL was not determined. The developmental NOAEL was 1,080 mg/kg/day (HDT); the developmental LOAEL was not determined.  In a 2-generation reproduction study in rats, the parental NOAEL was 35 mg/kg/day and the parental LOAEL was 200 mg/kg/day based on decreased body weight gain, decreased food consumption and efficiency, and increased liver, kidney and ovarian weights. The reproductive NOAEL was 35 mg/kg/day and the reproductive LOAEL was 200 mg/kg/day based on decreased pup body weight during lactation, delayed hair growth and eye opening.

	4. Subchronic toxicity. In a 1-month feeding study in dogs, the NOAEL was 1.75 mg/kg/day and the LOAEL was 12.5 mg/kg/day, based on increased liver and adrenal weights.

	5. Chronic toxicity. In a 1-year feeding study in dogs, the NOAEL was 2.5 mg/kg/day and the LOAEL was 12.5 mg/kg/day, based on increased alkaline phosphatase, increased adrenal and liver weights, and liver and adrenal lesions.   In a carcinogenicity study in mice, the NOAEL was 36 mg/kg/day and the LOAEL was 215 mg/kg/day. Effects were decreased body weight in males and increased hepatocellular carcinomas and combined adenoma/carcinomas.

In a chronic feeding/carcinogenicity study in rats, the NOAEL (systemic) was 26 mg/kg/day and the LOAEL (systemic) was 180 mg/kg/day based on decreased body weight gain and increased liver weights in both sexes.

A 2009 report from the Cancer Assessment Review Committee (CARC) (September 02, 2009, PC Code 128849, TXR 0055255) noted that the NOAEL of 2.5 mg/kg/day, from the one year toxicity study in dogs, used in establishing the chronic reference dose (RfD) is approximately 65-fold lower than the lowest dose (163 mg/kg/day) that induced tumors. Thus, the chronic RfD of 0.025 mg/kg/day would be protective of all chronic effects including potential carcinogenicity of hexythiazox.  The CARC concluded that the evidence as a whole was not strong enough to warrant the use of a linear low dose extrapolation model applied to the animal data (Q1*) for a quantitative estimation of human risk, as had been previously assessed in October 16, 1998, [63.FR55540].

	6. Animal metabolism. The metabolism of hexythiazox has been studied in goats, hens and rats. Metabolic pathways in the animal are similar to those in plants.

	7. Metabolite toxicology. There are no metabolites of toxicological concern based on a differential metabolism between plants and animals.

	8. Endocrine disruption. No specific tests have been conducted with hexythiazox to determine whether the chemical may have any effect in humans that is similar to an effect produced by a naturally occurring estrogen or other endocrine effects.  However, there were no significant findings in other relevant toxicity tests, i.e., teratology and multi-generational reproduction studies, which would suggest that hexythiazox produces effects characteristic of the disruptions of hormones.

C. Aggregate Exposure

	1. Dietary exposure. Dietary Exposure from food. A dietary risk assessment for all registered crops has been completed by the Agency (December 14, 2011,     FR Doc No. 2011-32086)

	i. Food. Acute Exposure.  No acute endpoint has been identified in the toxicological studies for hexythiazox; therefore, a quantitative acute dietary exposure assessment is unnecessary. Chronic Exposure. A tier 1 chronic risk assessment by Gowan Company indicates that the proposed use results in a dietary risk of not more than 68.5% of the chronic Population Adjusted Dose (cPAD) for any population.

	ii. Drinking Water. The Agency used screening level water exposure models in the dietary exposure analysis and risk assessment for hexythiazox in drinking water.  Based on the Pesticide Root Zone Model /Exposure Analysis Modeling System (PRZM/EXAMS) the estimated drinking water concentration (EDWC) of hexythiazox for chronic exposures for non-cancer and cancer assessments is estimated to be 4.5 parts per billion (ppb) for surface water. Since surface water residue values greatly exceed groundwater EDWCs, surface water residues were used in the dietary risk assessment.

	2. Non-dietary exposure. HED has conducted a residential risk assessment to support approved uses on turf, ornamental landscape plantings, ornamental plants, orchids and residential fruit trees, nut trees and caneberries. The Agency concluded that there were no residential risks of concern associated with these uses (January 28, 2010 EPA Memo. PR Code: 128849, DP Barcode D372889.)

D. Cumulative Effects

EPA has not found that hexythiazox shares a common mechanism of toxicity with any other substance.

E. Safety Determination

	1. U.S. population. Acute risk.  No adverse effect resulting from a single oral exposure to hexythiazox has been identified, thus hexythiazox is not expected to pose an acute risk. Short-and intermediate term risk. EPA has concluded the combined short-term food, water, and residential exposures result in aggregate MOEs of 14,000 for adults and 1,900 for children. Because EPA's level of concern for hexythiazox is a MOE of 100 or below, these MOEs are not of concern. Chronic risk.  Chronic exposure to hexythiazox from food and water will utilize no more than 68.5% of the cPAD for the population group receiving the greatest exposure (children 1-2 years old). This assessment utilized existing tolerance values, assumed 100% crop treated, and utilized default processing factors.  Chronic residential exposure to residues of hexythiazox is not expected.

	2. Infants and children. Based on these risk assessments, it can be concluded that there is a reasonable certainty that no harm will result to the general population, or to infants and children from aggregate exposure to hexythiazox residues.

F. International Tolerances

No national or transnational maximum residue levels for hexythiazox exist apart from those in the United States.


[Federal Register: May 24, 2007 (Volume 72, Number 100)]
[Notices]
[Page 29142]
[DOCID:fr24my07-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER07-640-000]

Citadel Energy Investments Ltd.; Notice of Issuance of Order

May 18, 2007.
    Citadel Energy Investments Ltd. (CEI), filed a request for
authorization to engage in the resale of financially-settled financial
transmission rights with an accompanying rate schedule. CEI also
requested waivers of various Commission regulations. In particular, CEI
requested that the Commission grant blanket approval under 18 CFR part
34 of all future issuances of securities and assumptions of liability
by CEI.
    On May 17, 2007, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development--West, granted the requests
for blanket approval under part 34 (Director's Order). The Director's
Order also stated that the Commission would publish a separate notice
in the Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard concerning the
blanket approvals of issuances of securities or assumptions of
liability by CEI should file a protest with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure. 18 CFR 385.211, 385.214 (2004).
    Notice is hereby given that the deadline for filing protests is
June 18, 2007.
    Absent a request to be heard in opposition to such blanket
approvals by the deadline above, CEI is authorized to issue securities
and assume obligations or liabilities as a guarantor, indorser, surety,
or otherwise in respect of any security of another person; provided
that such issuance or assumption is for some lawful object within the
corporate purposes of CEI, compatible with the public interest, and is
reasonably necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of CEI's issuance of securities or assumptions of
liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-9978 Filed 5-23-07; 8:45 am]

BILLING CODE 6717-01-P