[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Rules and Regulations]
[Pages 58409-58411]
[FR Doc No: 2011-24275]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1215]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Deputy Federal
Insurance and Mitigation Administrator reconsider the changes. The
modified BFEs may be changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.

    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required either to adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own or pursuant to policies established by other
Federal, State, or regional entities. The changes in BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

    Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

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                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer   Effective date of  modification   Community
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arkansas: Benton..................  City of Bentonville    July 1, 2011; July    The Honorable Bob          November 7, 2011...............       050012
                                     (11-06-3300P).         8, 2011; The Benton   McCaslin, Mayor, City of
                                                            County Daily Record.  Bentonville, 117 West
                                                                                Central Avenue,
                                                                                Bentonville, AR 72712.
New Mexico: Dona Ana..............  City of Las Cruces     June 23, 2011; June   The Honorable Kenneth      June 16, 2011..................       355332
                                     (11-06-1405P).         30, 2011; The Las     Daniel Gallegos
                                                            Cruces Sun-News.      Miyagishima, Mayor, City
                                                                                of Las Cruces, 700 North
                                                                                Main Street, Las Cruces,
                                                                                NM 88001.
New York:
    Bronx.........................  City of New York (10-  December 24, 2010;    The Honorable Michael R.   June 16, 2011..................       360497
                                     02-2163P).             December 31, 2010;    Bloomberg, Mayor, City
                                                            The Chief.            of New York, City Hall,
                                                                                260 Broadway, New York,
                                                                                NY 10007.
    Monroe........................  Town of Pittsford (11- December 2, 2010;     The Honorable William A.   May 24, 2011...................       360429
                                     02-0382P).             December 9, 2010;     Carpenter, Supervisor,
                                                            The Brighton-         Town of Pittsford, 11
                                                            Pittsford Post.       South Main Street,
                                                                                Pittsford, NY 14534.
    Niagara.......................  Town of Wheatfield     October 29, 2010;     The Honorable Robert B.    September 20, 2010.............       360513
                                     (10-02-1141P).         November 5, 2010;     Cliffe, Supervisor, Town
                                                            The Niagara Gazette.  of Wheatfield, 2800
                                                                                Church Road, Wheatfield,
                                                                                NY 14120.
Pennsylvania:
    Chester.......................  Township of Caln (10-  December 7, 2010;     Mr. Gregory E. Prowant,    April 13, 2011.................       422247
                                     03-1911P).             December 14, 2010;    AICP, Caln Township
                                                            The Daily Local       Manager, 253 Municipal
                                                            News.                 Drive, Thorndale, PA
                                                                                19372.
    Chester.......................  Township of West       March 4, 2011; March  The Honorable Edward G.    February 25, 2011..............       420293
                                     Goshen (10-03-1283P).  11, 2011; The Daily   Meakim, Jr., Chairman,
                                                            Local News.           Township of West Goshen
                                                                                Board of Supervisors,
                                                                                1025 Paoli Pike, West
                                                                                Chester, PA 19380.
    Dauphin.......................  Township of West       April 7, 2011; April  The Honorable Adam Klein,  August 12, 2011................       421600
                                     Hanover (10-03-        14, 2011; The         Chairman, Township of
                                     2139P).                Patriot-News.         West Hanover Board of
                                                                                Supervisors, 7171
                                                                                Allentown Boulevard,
                                                                                Harrisburg, PA 17112.
    Collin........................  City of Plano (10-06-  June 23, 2011; June   The Honorable Phil Dyer,   August 31, 2010................       480140
                                     0997P).                30, 2011; The Plano   Mayor, City of Plano,
                                                            Star Courier.         1520 Avenue K, Plano, TX
                                                                                75074.
    Comal.........................  City of New Braunfels  May 31, 2011; June    The Honorable Bruce        October 5, 2011................       485493
                                     (11-06-0637P).         7, 2011; The New      Boyer, Mayor, City of
                                                            Braunfels Herald-     New Braunfels, 424 South
                                                            Zeitung.              Castell Avenue, New
                                                                                Braunfels, TX 78130.
    Dallas and Tarrant............  City of Grand Prairie  May 27, 2011; June    The Honorable Charles      October 3, 2011................       485472
                                     (10-06-1790P).         3, 2011; The Dallas   England, Mayor, City of
                                                            Morning News.         Grand Prairie, P.O. Box
                                                                                534045, 206 West Church
                                                                                Street, Grand Prairie,
                                                                                TX 75053.
    Dallas........................  City of Irving (10-06- June 1, 2011; June    The Honorable Herbert A.   October 6, 2011................       480180
                                     0922P).                8, 2011; The Dallas   Gears, Mayor, City of
                                                            Morning News.         Irving, 825 West Irving
                                                                                Boulevard, Irving, TX
                                                                                75060.
    Jefferson.....................  City of Beaumont (10-  June 30, 2011; July   The Honorable Becky Ames,  November 4, 2011...............       485457
                                     06-1909P).             7, 2011; The          Mayor, City of Beaumont,
                                                            Beaumont Enterprise.  P.O. Box 3827, Beaumont,
                                                                                TX 77704, 801 Main
                                                                                Street, Beaumont, TX
                                                                                77701.

    Nueces........................  City of Corpus         June 14, 2011; June   The Honorable Joe Adame,   June 7, 2011...................       485464
                                     Christi (11-06-        21, 2011; The         Mayor, City of Corpus
                                     0948P).                Corpus Christi        Christi, 1201 Leopard
                                                            Caller-Times.         Street, Corpus Christi,
                                                                                TX 78401.
    Wise..........................  City of Bridgeport     June 9, 2011; June    The Honorable Keith        October 14, 2011...............       480677
                                     (11-06-3042P).         16, 2011; The         McComis, Mayor, City of
                                                            Bridgeport Index.     Bridgeport, 900 Thompson
                                                                                Street, Bridgeport, TX
                                                                                76426.
     Wise.........................  Unincorporated areas   June 9, 2011; June    The Honorable Bill         October 14, 2011...............       481051
                                     of Wise County (11-    16, 2011; The Wise    McElhaney, Wise County
                                     06-3042P).             County Messenger.     Judge, P.O. Box 393, 101
                                                                                North Trinity Street,
                                                                                Suite 101, Decatur, TX
                                                                                76234.
Virginia:
    Fairfax.......................  Unincorporated areas   May 6, 2011; May 13,  The Honorable Sharon       May 31, 2011...................       515525
                                     of Fairfax County      2011; The             Bulova, Chairman,
                                     (11-03-0675P).         Washington Times.     Fairfax County Board of
                                                                                Supervisors, 12000
                                                                                Government Center
                                                                                Parkway, Suite 530,
                                                                                Fairfax, VA 22035.
    Richmond......................  City of Richmond (10-  February 11, 2011;    The Honorable Dwight C.    June 20, 2011..................       510129
                                     03-0790P).             February 18, 2011;    Jones, Mayor, City of
                                                            The Richmond Times-   Richmond, 900 East Broad
                                                            Dispatch.             Street, Suite 201,
                                                                                Richmond, VA 23219.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: September 9, 2011.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2011-24275 Filed 9-20-11; 8:45 am]
BILLING CODE 9110-12-P


WIFIA Letter of Interest Instructions

A prospective borrower seeking Water Infrastructure Finance and Innovation Act (WIFIA) credit assistance must complete and submit this letter of interest form and provide requested attachments to the U.S. Environmental Protection Agency (EPA) following the instructions in the Notice of Funding Availability (NOFA). In its submittal, the prospective borrower:
 Describes itself and its proposed project(s);
 Provides key financial and engineering information and documents; and
 Explains how the project meets the WIFIA selection criteria.

The prospective borrower should answer all questions in this form. Narrative answers can reference source documents by including the name of the document and relevant pages or sections and providing any referenced documents as attachments. The prospective borrower must sign Sections F and G in the appropriate spaces.

Resources regarding WIFIA program eligibility; completing a letter of interest and application; how loans are selected and closed; as well as post-close expectations are available in the WIFIA program handbook. It is highly recommended to use this document as a companion when developing your letter of interest. For general information about WIFIA, consult the WIFIA website (www.epa.gov/wifia).
Additional information specific to the current project selection round can be found in the NOFA, and questions may be submitted to the WIFIA program office at<EMAIL_ADDRESS>

A prospective borrower may assert a Confidential Business Information (CBI) claim covering part or all of the information submitted to EPA as part of its letter of interest, in a manner consistent with 40 C.F.R. 2.203, 41 Fed. Reg. 36902 (Sept. 1, 1976), by placing on (or attaching to) the information a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as trade secret, proprietary, or company confidential. The prospective borrower should also state whether it desires confidential treatment until a certain date or until the occurrence of a certain event.  Information covered by a business confidentiality claim will be disclosed by EPA only to the extent and only by means of the procedures set forth under 40 C.F.R. Part 2, Subpart B.  Information that is not accompanied by a business confidentiality claim when it is received by EPA may be made available to the public by EPA without further notice to the prospective borrower. More information about CBI is available in the WIFIA program handbook.

The total length of the letter of interest form should not exceed 50 pages, excluding any attachments. Font size should not be smaller than 11-point Calibri. There is no limit to the number or length of attachments provided. Attachments should be the most recent versions of the documents available at the time of submission and may be draft or preliminary. Attachments must be referenced in the letter of interest form to be considered.

The final letter of interest submission must include:
 A completed, signed version of this letter of interest form
 All attachments requested and referenced in the letter of interest form

When finished, the letter of interest form and attachments may be submitted by uploading the documents to EPA's SharePoint site.  To be granted access to the SharePoint site, the prospective borrower can request access to SharePoint by emailing<EMAIL_ADDRESS>After uploading the completed letter of interest form and all attachments, emailing the WIFIA program office at<EMAIL_ADDRESS>with the subject line: "[NAME OF PROSPECTIVE BORROWER]  -  [NAME OF PROJECT]  -  Letter of Interest Submitted".

After EPA's intake process is complete, it will provide a confirmation email to the contacts listed in Section E.

___________________________________________________________________________________
Burden
The public reporting and recordkeeping burden for this collection of information is estimated to average 60 hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, included through the use of automated collection techniques to the Director, Regulatory Support Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. ___________________________________________________________________________________
Warning
Falsification or misrepresentation of information or failure to file or report information required to be reported may be the basis for denial of financial assistance by EPA. Knowing and willful falsification of information required to be submitted and false statements to a Federal Agency may also subject you to criminal prosecution.  See, for example, 18 U.S.C. §1001.
_________________________________________________________________________________

Additional information about the WIFIA program and the letter of interest form is available at https://epa.gov/wifia and by contacting<EMAIL_ADDRESS>
LETTER OF INTEREST
Provide the following information in this form or as narrative answers. Narrative answers can reference source documents (include the name of the document and relevant pages or sections). Provide any referenced documents as attachments.

Section A: Key Loan Information

 Legal name of prospective borrower
 If a different entity is proposed to enter into the WIFIA loan documents on behalf of the borrower, provide the legal name of such:

      _______________________________________________________________

 Borrower department and division name:

___________________________________________________________________________

 Business street address:
      Street Address:  ______________________________________________________
      City/State/Zip: 	______________________________   ____   _________________

 Mailing street address (if different from above):
      Street Address:  ______________________________________________________
      City/State/Zip: 	______________________________   ____   _________________

 Employer/taxpayer identification number (EIN/TIN):
_____________________________________________________________

 National Pollutant Discharge Elimination System (NPDES) and/ or Public Water System (PWS) number (if applicable):
_____________________________________________________________

 Project name (assign a short name to the project for purposes of identification):

      _______________________________________________________________
 Provide a brief description of the project(s) seeking financing. Limit the description to the elements included in the estimated total projects costs in Question A-11.

______________________________________________________________________________

 Describe the project's or projects' purpose(s) (including quantitative or qualitative details on public benefits the project will achieve). If the loan contains more than one project, the projects must serve a common purpose. Describe the common purpose that the projects share (e.g. addressing sanitary sewer overflows or improving drinking water quality).

______________________________________________________________________________

 Requested amount of the WIFIA loan (in dollars). This amount may be no more than 49% of the estimated eligible project costs provided in question A-11 (except for systems that serve a population of 25,000 or less and may request up to 80% of the estimated eligible costs):

_________________________________

 Estimated total eligible project costs (in dollars):

_________________________________

 Identify the date the prospective borrower will submit an application. (Assume invitations to apply will be issued approximately 8 weeks from letter interest submission).

_________________________________

 Identify the prospective borrower's organizational type (pick one):

 Private or semi private (i.e. corporation, partnership, joint venture, or trust))
 Public (Federal, State, Tribal or Local Government, including State infrastructure finance authorities) (if selected, skip to question A-15)
 If A was selected in question A-13,
 Describe the organizational structure of the project(s) and attach a chart illustrating this structure. Explain the relationship between the prospective borrower, the project, parent corporation and other relevant parties. Include individual members or titles of the project team(s) and their past experiences with projects of similar size and scope.

 Is the project(s) publicly sponsored (see definitions)? Please explain.

 Complete the following table to provide information about the jurisdiction and population served by the system.

Jurisdiction served
(municipality, county, etc)
Total population of the jurisdiction
% of jurisdiction population served by project

      If you serve more jurisdictions than fit on the table, please attach a similar table with the complete list. Provide the filename in the textbox.

File Name: _________________________________________________________________

Total Population Served by Project:  ________________________________

Section B: Engineering & Credit

 Provide no more than two (2) of the latest applicable technical reports for each project. Depending on project development status, this could be a preliminary design/engineering report, basis of design report, master plan, CIP project summary, alternative selection document or facility plan. Plans and specification documents are not requested. If more than two reports are necessary to describe the projects (for example, if the LOI is for a program of projects), please attach a separate document listing the reports and file names.

Document 1: _______________________________   File Name 1: _______________________________
Document 2: _______________________________   File Name 2: _______________________________

 Provide available environmental review documents prepared in accordance with the National Environmental Policy Act (NEPA) by another federal agency or prepared through state environmental authorities for each aspect of the project(s). These may include:
 Federal Environmental Impact Statements (EIS) or Environmental Assessments (EA)
 State environmental information report or document (EIR or EID)

If no such reports are available, mark N/A in the document field.

Document 1: _______________________________   File Name 1: _______________________________
Document 2: _______________________________   File Name 2: _______________________________

 Present the overall project schedule start and end dates for key milestones and costs in the provided tables. For WIFIA loans with one project, fill out Row 1. For WIFIA loans with multiple projects, fill out and create as many rows as needed. For project(s) that may only be seeking planning and design costs, please only complete the planning and design columns. If your projects do not fit on the table, please include a separate table as an attachment.

 Please check if you are interested in pursuing a Master Agreement for the list of projects below (see WIFIA Program Handbook for more information)

                                 Project Name
                                Planning Dates
                                 Design Dates
                              Construction Dates

    Provide the file name(s) in the textbox.

    File Name: _________________________________________________________________

 Describe the proposed security (e.g., water utility revenue or general obligation) and lien priority of payment (senior or subordinate to existing debt) for the WIFIA loan.

 Provide an existing credit rating that is less than a year old or is actively maintained.  The rating should be on the same security and lien as the proposed WIFIA loan.

Credit rating is:
            Attached              Not Available

___________________________________________________________________________

 If credit rating "Not Available" in Question B-5, describe how the WIFIA loan will achieve an investment-grade rating and provide a financial pro forma along with two years of audited financial statements. For newly established entities, please provide audited financial statements of the primary project sponsor.
    The pro forma should include key long-term (at least 10 years, but no greater than the proposed life of the WIFIA loan) revenues, expenses, and debt repayment assumptions for the revenue pledged to repay the WIFIA loan.

    The file should be provided in an editable Microsoft Excel format, not in PDF or "values" format. A sample pro forma can be found on our website along with additional guidance in the WIFIA Handbook.

 Provide a sources and uses of funds table for the construction period(s), including the proposed WIFIA loan. For prospective borrowers other than Public Entities, add rows as needed to identify the amount and source(s) of project equity, letters of credit, and other sources of debt as applicable. Information about eligible costs is available in the WIFIA program handbook.

Sources Category
Estimated Dollar Value
1. WIFIA Loan (cannot exceed 49% of eligible costs)

2. Bonds

3. SRF Loan

4. Borrower Cash

5. Other (please specify)

6. Other (please specify)

TOTAL SOURCES

Uses Category
Estimated Cost
1.  Planning

2.  Design

3.  Construction [a]

4.  Project Management [b]

5. Land Acquisition

6.  Additional Contingency [c]

7.  Total Capital Costs

8.  Financing Costs

9. Other (please specify)

10. Other (please specify)

TOTAL USES

[a] Construction costs including construction contingency
[b] Costs related to the management and oversight of the project, not factored elsewhere
[c] Additional cost factors (separate from the construction contingency included in the estimated cost for Construction) that contribute to your total capital costs. This may include adjustments to market conditions or additional project contingency considerations.

Section C: Selection Criteria
For each question answered yes, provide a response to explain how the project seeking the WIFIA loan achieves the stated result. When applicable, reference attachments. Responses to these questions will allow the WIFIA program to evaluate the project in relation to the selection criteria outlined in the NOFA.  If the Letter of Interest contains multiple projects, include information about any of the projects that would fit the selection criteria.

    Explain how this project will support economic growth, including construction and post-construction jobs.

 What, if any, voluntary procedures do you have in place to promote domestic preference for products being used to construct the project?

    Will the project support international commerce?

   		Yes		No

   If yes, explain how.

 Explain how the project will protect human health and/or the environment, including drinking water protection, source water protection, water quality, and water quantity.

    Does the project protect the system, project specific asset, or community from extreme weather events such temperature, storms, floods, or sea level rise? Discuss the extent to which planning addressed changes in future frequency of such events.

         Yes		No

      If yes, explain how.

 Does the project reduce greenhouse gas emissions?

         Yes		No

      If yes, explain how.

 Does the project serve a population in a region impacted by significant energy exploration, development, or production areas?

         Yes		No

      If yes, explain how.

 Does the project protect water resources with exceptional recreational value or ecological importance?

         Yes		No

If yes, identify the water resources, why it has exceptional recreational value or ecological importance, and describe how the project protects it.

 Is the project identified as a municipal, regional, state, or multistate priority?

         Yes		No

If yes, attach the relevant document and write in the textbox the filename and relevant section(s) or page(s).

    Is the project designed to address an existing compliance issue or maintain compliance?

         Yes		No

      If yes, identify the compliance issues(s). Explain how and to what extent the project addresses it.

 Does the project reduce exposure to lead or emerging contaminants within a drinking water or wastewater system?

         Yes		No

      If yes, explain how.

 Does this project or projects include costs for implementing cybersecurity measures?

         Yes		No

    If yes, please describe these measures and associated costs.

 Will the project implement new or innovative technology(ies), such as using renewable or alternate sources of energy, water recycling, or desalination?

         Yes		No

   If yes, explain how.

    Will the project use new or innovative approaches to plan, design, manage, and/or implement the project?

         Yes		No

If yes, explain how.

 WIFIA funding would

            Delay the project development schedule
            Have no impact on the project development schedule
            Accelerate the project development schedule
            Allow you to implement other high priority projects sooner than anticipated
            Be the only funding option that would all the project to be implemented

 Will WIFIA financing reduce the contribution of Federal assistance to the project?

         Yes		No

Section D: Federal Assets
EPA in coordination with OMB is required to ensure that projects are not considered federal assets for purposes of the Federal Credit Reform Act. Please see https://www.regulations.gov/document/EPA_FRDOC_0001-25613 for further details. To help the WIFIA program complete this review, please answer the following questions.

 Is the project authorized by Congress for construction by, or a local cost share requirement of, the Army Corps of Engineers or the Bureau of Reclamation?

      Yes		No
If yes, please explain.

 Was the facility at which construction will take place originally constructed by the Federal Government?

Yes		No
If yes, please explain.

 Describe any other relationship the project has to the Federal Government (e.g. use by the Federal Government, loan repayment funding stream, in kind donations, Federal obligations resulting from the project, Federal operation of the project or adjoining facilities)

Section E: Contact Information

 Primary point of contact

   Name:  		____   _______________________   ________________________
   Title:  		______________________________________________________
   Organization:  	______________________________________________________
   Street Address:  	______________________________________________________
   City/State/Zip:  	______________________________   ____   _________________
   Phone:  		_________________________
   E-mail:  		______________________________________________________

 Secondary point of contact

   Name:  		____   _______________________   ________________________
   Title:  		______________________________________________________
   Organization:  	______________________________________________________
   Street Address:  	______________________________________________________
   City/State/Zip:  	______________________________   ____   _________________
   Phone:  		_________________________
   E-mail:  		______________________________________________________

Section F: Certifications
Please sign at the end of Section E before submitting.

 National Environmental Policy Act:  The prospective borrower acknowledges that any project receiving credit assistance under this program must comply with all provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and that EPA will not approve a loan for a project until a final agency determination, such as a Categorical Exclusion (CATEX), Finding of No Significant Impact (FONSI), or a Record of Decision (ROD), has been issued.
 American Iron and Steel:  The prospective borrower acknowledges that any project receiving credit assistance under this program for the construction, alteration, maintenance, or repair of a project may only use iron and steel products produced in the United States and must comply with all applicable guidance.
 Buy America Preference: The prospective borrower acknowledges that any project receiving credit assistance under this program for the construction, alteration, maintenance, or repair of a project may only use domestic iron/steel, manufactured produces and construction materials produced or manufactured in the United States and must comply with all applicable guidance.
 National Historic Preservation Act: The applicant acknowledges that any project receiving credit assistance under this program must comply with all provisions of the National Historic Preservation Act as amended (54 U.S.C. § 300101 et seq.: Historic Preservation).
 Endangered Species Act:  The applicant acknowledges that any project receiving credit assistance under this program must comply with all provisions of the Endangered Species Act (16 U.S.C. §§ 1531, et seq.).
 Prevailing Wages:  The prospective borrower acknowledges that all laborers and mechanics employed by contractors or subcontractors on projects receiving credit assistance under this program shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor, in accordance with sections 3141-3144, 3146, and 3147 of Title 40 (Davis-Bacon wage rules).
 Lobbying:  Section 1352 of Title 31, United States Code provides that none of the funds appropriated by any Act of Congress may be expended by a recipient of a contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, or an employee of a Member of Congress in connection with the award or making of a Federal contract, grant, loan, or cooperative agreement or the modification thereof. The EPA interprets this provision to include the use of appropriated funds to influence or attempt to influence the selection for assistance under the WIFIA program.
WIFIA prospective borrowers must file a declaration: (a) with the submission of an application for WIFIA credit assistance; (b) upon receipt of WIFIA credit assistance (unless the information contained in the declaration accompanying the WIFIA application has not materially changed); and (c) at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any declaration previously filed in connection with the WIFIA credit assistance.
The undersigned certifies, to the best of his or her knowledge and belief, that:
 No Federal appropriated funds have been paid or will be paid, by or on behalf of the applicant, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
 The applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
         This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
 Debarment:  The undersigned further certifies that the applicant has fully complied with its verification obligations under 2 C.F.R. Part 180 and confirms that, to its knowledge, neither applicant nor any of its principals (as defined in 2 C.F.R. Part 180.995 and Part 1532.995)
 is debarred, suspended or voluntarily excluded from participating in any Federal programs, Government contracts, procurement or non-procurement matters;
 is present indicted for or otherwise criminally or civilly charged by a governmental authority with commission of any of the offenses listed in the Regulations Governing Debarment and Suspension (Governmentwide Nonprocurement Debarment and Suspension Regulations: 2 C.F.R. Part 180 and Part 1532); or
 has, within the three (3) year period preceding the date of the application,
 has been convicted for or had a civil judgment rendered against the applicant for any of the above-mentioned offenses within such period or
 had any public transactions (Federal, state, or local) terminated for cause or default.
 Default/Delinquency:  The undersigned further certifies that neither the applicant nor any of its subsidiaries or affiliates are currently in default or delinquent on any debt or loans provided or guaranteed by the Federal Government.
 Other Federal Requirements:  The prospective borrower acknowledges that it must comply with all other federal statutes and regulations, as applicable.  A non-exhaustive list of federal cross-cutting statutes and regulations can be found at https://www.epa.gov/wifia/wifia-federal-compliance-requirements.
 Signature:  By submitting this letter of interest, the undersigned certifies on behalf of the applicant that the facts stated and the certifications and representations made in this letter of interest are true, to the best of the prospective borrower's knowledge and belief after due inquiry, and that the prospective borrower has not omitted any material facts. The undersigned is an authorized representative of the prospective borrower.
Signature: __________________________________
Date Signed: ____________________

   Name:  		____   _______________________   ________________________
   Title:  		______________________________________________________
   Organization:  	______________________________________________________
   Street Address:  	______________________________________________________
   City/State/Zip:  	______________________________   ____   _________________
   Phone:  		_________________________
   E-mail:  		______________________________________________________
Section G: Notification of State Infrastructure Financing Authority
Please sign at the end of Section G before submitting.

By submitting this letter of interest, the undersigned acknowledges that EPA will (1) notify the appropriate State infrastructure financing authority in the State in which the project is located that the prospective borrower submitted this letter of interest; and (2) provide the submitted letter of interest and all source documents to that State infrastructure financing authority.

Prospective borrowers that do not want their letter of interest and source documents shared with the State infrastructure financing authority in the state in which the project is located may opt out by initialing here _____________.

If a prospective borrower opts out of sharing a letter of interest, EPA will still notify the State infrastructure financing authority within 30 days of receiving a letter of interest.

Signature: ____________________________________________________________________________

Name: ___________________________   _______________________________

Date Signed: ______________________


[Federal Register Volume 75, Number 234 (Tuesday, December 7, 2010)]
[Notices]
[Page 76001]
[FR Doc No: 2010-30597]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP11-35-000]

Southwest Gas Corporation; Notice of Application

November 29, 2010.
    On November 16, 2010, Southwest Gas Corporation (Southwest) filed
with the Federal Energy Regulatory Commission (Commission) an
application pursuant to section 7(f) of the Natural Gas Act (NGA), as
amended, and section 157 of the Commission's Regulations, for a service
area determination for their Kings Beach, California and Crystal Bay,
Nevada service areas, all as more fully set forth in the application,
which is on file with the Commission and open to public inspection. The
filing may also be viewed on the web at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. There is an
``eSubscription'' link on the Web site that enables subscribers to
receive e-mail notification when a document is added to a subscribed
docket(s). For assistance, contact FERC at<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Questions regarding this application should be directed to Mark R.
Haskell, Morgan, Lewis & Bockius LLP, 1111 Pennsylvania Avenue, NW.,
Washington, DC 20004 or by calling<PHONE_NUMBER> or by e-mailing
<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, within 90 days
of this Notice the Commission staff will either: Complete its
environmental assessment (EA) and place it into the Commission's public
record (eLibrary) for this proceeding; or issue a Notice of Schedule
for Environmental Review. If a Notice of Schedule for Environmental
Review is issued, it will indicate, among other milestones, the
anticipated date for the Commission staff's issuance of the final
environmental impact statement (FEIS) or EA for this proposal. The
filing of the EA in the Commission's public record for this proceeding
or the issuance of a Notice of Schedule for Environmental Review will
serve to notify federal and state agencies of the timing for the
completion of all necessary reviews, and the subsequent need to
complete all federal authorizations within 90 days of the date of
issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit seven copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit original and seven copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    Comment Date: 5 p.m. Eastern Time on December 20, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-30597 Filed 12-6-10; 8:45 am]
BILLING CODE 6717-01-P


42707 Federal Register / Vol. 68, No. 138 / Friday, July 18, 2003 / Notices Dated: July 11, 2003. Vanessa T. Vu, Director, EPA Science Advisory Board Staff Office. [ FR Doc. 03   18156 Filed 7   17   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0245; FRL   7317   8]

Pesticide Products; Registration Applications AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces receipt of applications to register pesticide products containing a new active ingredient not included in any previously registered products pursuant to the provisions of section 3( c)( 4) of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA), as amended. DATES: Written comments, identified by the docket ID number OPP   2003   0245, must be received on or before August 18, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Marilyn Mautz, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 305   6785; e mail address: mautz. marilyn@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to:   Crop production ( NAICS 111)   Animal production ( NAICS 112)   Food manufacturing ( NAICS 311)   Pesticide manufacturing ( NAICS 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2003   0245. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the Docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and to Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an e

VerDate Jan< 31> 2003 19: 43 Jul 17, 2003 Jkt 200001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 18JYN1. SGM 18JYN1 42708 Federal Register / Vol. 68, No. 138 / Friday, July 18, 2003 / Notices mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. 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. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPP   2003   0245. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID Number OPP   2003   0245. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB) ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID Number OPP   2003   0245. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID Number OPP   2003   0245. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Submit CBI to the Agency?

Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the registration activity. 7. Make sure to submit your comments by the deadline in this notice. 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. Registration Applications EPA received applications as follows to register pesticide products containing an active ingredient not included in any previously registered products pursuant to the provision of section 3( c)( 4) of FIFRA. Notice of receipt of these applications does not imply a decision by the Agency on the applications.

Products Containing an Active Ingredient Not Included in Any Previously Registered Products 1. File symbol: 3125   LGA. Applicant: Bayer CropScience, P. O. Box 12014, 2 T. W. Alexander Dr., Research Triangle Park, NC 27709. Product name: Thiacloprid Technical. Type of product: Insecticide. Active ingredient: Thiacloprid ([ 3[( 6 chloro 3 pyridinyl) methyl] 2 thiazolidinylidene] cyanamide) at 97%. Proposed classification/ Use: None. For the formulation of insecticides. 2. File symbol: 3125   LGI. Applicant: Bayer CropScience. Product name: Calypso 70 WG. Type of product: Insecticide. Active ingredient: Thiacloprid at 70%. Proposed classification/ Use: None. For insect control on cotton and pome fruits. 3. File symbol: 3125   LGT. Applicant: Bayer CropScience. Product name: Calypso 4 Flowable. Type of product: Insecticide. Active ingredient: Thiacloprid at 40.4%. Proposed classification/ Use: None. For insect control on cotton and pome fruits. 4. File symbol: 66330   GI. Applicant: Arvesta Coporation, 100 First Street, Suite 1700, San Francisco, CA 94105. Product name: Kanemite 15 SC. Type of product: Insecticide. Active ingredient: Acequinocyl ( 3 dodecyl 1,4 dihydro 1,4 dioxo 2 naphthyl acetate) at 15.8%. Proposed classification/ Use: None. For insect control on ornamental plants; almonds; pistachios; citrus fruits; pome fruits; and strawberries. 5. File symbol: 66330   GO. Applicant: Arvesta Corporation. Product name: Acequinocyl Technical. Type of product: Insecticide. Active ingredient: Acequinocyl) at 96.8%. Proposed classification/ Use: None. For the formulation of insecticides.

VerDate Jan< 31> 2003 19: 43 Jul 17, 2003 Jkt 200001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 18JYN1. SGM 18JYN1 42709 Federal Register / Vol. 68, No. 138 / Friday, July 18, 2003 / Notices List of Subjects Environmental protection, Pesticides and pest.

Dated: July 9, 2003. Debra Edwards, Director, Registration Division, Office of Pesticide Programs.

[ FR Doc. 03   18304 Filed 7   17   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0197; FRL   7311   4]

Issuance of Experimental Use Permits AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: EPA has granted experimental use permits ( EUPs) to the following pesticide applicants. An EUP permits use of a pesticide for experimental or research purposes only in accordance with the limitations in the permit.

FOR FURTHER INFORMATION CONTACT: For additional information contact the designated contact person for the EUP listed in Unit I. C. of the SUPPLEMENTARY INFORMATION.

SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me?

This action is directed to the public in general. Although this action may be of particular interest to those persons who conduct or sponsor research on pesticides, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the information in this action, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2003   0197. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

C. Contact Persons For additional information contact the designated contact person for the EUP listed in the table below:

Contact person Telephone number/ e mail address Mailing address EUP number Dani Daniel ( 703) 305   5409; daniel. dani@ epa. gov Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., Washington, DC 20460 100   EUP   110 John Hebert ( 703) 308   6249; hebert. john@ epa. gov Do. 71715   EUP   2 Dan Kenny ( 703) 305   7546; kenny. dan@ epa. gov Do. 352   EUP   167 Susan L. Stanton ( 703) 305   5218; stanton. susan@ epa. gov Do. 70341   EUP   2 70341   EUP   3 Joseph Tavano ( 703) 305   6411; tavano. joseph@ epa. gov Do. 100   EUP   112 100   EUP   113 II. EUPs EPA has issued the following EUPs: 1. 100   EUP   110. Amendment. Syngenta Crop Protection, Inc., P. O. Box 18300, Greenboro, NC 27419   8300. In the Federal Register of February 15, 2002 ( 67 FR 7163) ( FRL   6823   5), EPA issued an EUP for thiamethoxam to Syngenta Crop Protection, Inc. The original issuance allowed 120.8 pounds of the insecticide thiamethoxam to be used on 1,230 sq. ft. around 615 structures over a period of 3 years to evaluate the control of termites and other nuisance pests in the States of Alabama, Arizona, California, Florida, Georgia, Hawaii, Kentucky, Louisiana, Mississippi, Nebraska, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Virginia. This amendment will allow for additional use sites, lower the count to 128 structures on 2,000 sq. ft. using 160 pounds of the insecticide. The program is now authorized in the States of Alabama, Arkansas, Arizona, California, Florida, Georgia, Hawaii, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Nebraska, New Jersey, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, and Virginia. The EUP is effective from April 30, 2002 to October 30, 2005.

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[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Notices]
[Page 46796]
[FR Doc No: 2014-18891]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PL03-3-000]

Price Discovery in Natural Gas and Electric Markets; Notice of
Filing

    Take notice that on June 10, 2014, Canadian Enerdata Ltd. filed a
request for the Federal Energy Regulatory Commission (Commission) to
determine that its North American natural gas price reporting and index
methodology and code of conduct meets all or substantially all of the
requirements set forth in the Commission's Policy Statement on Natural
Gas and Electric Price Indices (Policy Statement) \1\ and establishes
minimum criteria for liquidity for particular index points for the
indices to qualify for use in jurisdictional tariffs.
---------------------------------------------------------------------------

    \1\ Policy Statement on Natural Gas and Electric Price Indices,
104 FERC ] 61,121, at P 33 (2003) (Policy Statement).
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    Any person desiring to intervene or to protest these filings must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive 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>.
    Comment Date: 5:00 p.m. Eastern Time on August 22, 2014.

    Dated: August 1, 2014.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-18891 Filed 8-8-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Page 5537]
[FR Doc No: 2020-01671]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0008]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
provides the public notice that on January 10, 2020, CSX
Transportation, Inc. (CSXT) petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the Federal railroad safety regulations contained at 49 CFR part
232, Brake System Safety Standards for Freight and Other Non-Passenger
Trains and Equipment; End-of-Train Devices. FRA assigned the petition
Docket Number FRA-2020-0008.
    Specifically, CSXT proposes to use proprietary software technology
to implement a virtual three-dimensional simulation as an alternative
to satisfy the ``hands-on'' portion of periodic refresher training
required by 49 CFR 232.203(b)(8). Refresher training is required at
intervals not to exceed 3 years, and must consist of classroom and
hands-on training, as well as testing. CSXT states that the simulation
will improve the employee's knowledge of air brake components and
functions and increases proficiency when performing the Class I freight
air brake test.
    The simulation is based on performance of a Class I freight air
brake test and is designed to place the user in a virtual realistic
scenario. The user is required to perform a variety of inspection and
remediation tasks relating to preprogrammed defects including, but not
limited to, closed cut-out cocks, uncoupled air hoses, closed angle
cocks, improperly positioned retainer valves, and fouled brake rigging.
Users are required to successfully complete all tasks in the scenario.
CSXT proposes to apply this waiver system-wide to all CSXT conductors
and supervisors responsible for performing Class I freight air brakes
tests.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave.
SE, W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by March 16, 2020 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2020-01671 Filed 1-29-20; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Proposed Rules]
[Pages 16971-16973]
[FR Doc No: 2012-6969]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 20

[Docket No. FDA-2012-N-0205]

Agreements and Memoranda of Understanding Between the Food and
Drug Administration and Other Departments, Agencies, and Organizations

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule.

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SUMMARY: We are publishing this companion proposed rule to the direct
final rule on ``Agreements and Memoranda of Understanding Between the
Food and Drug Administration and Other Departments, Agencies, and
Organizations,'' which makes technical changes intended to update a
requirement that many of these agreements and memoranda of
understanding (MOUs) be published in the Federal Register. Because we
already post and will continue to post our ongoing agreements and MOUs
with other departments, Agencies, and organizations on our Web site
upon their completion, this requirement is no longer necessary. This
proposed rule, accordingly, would eliminate it. We are proposing these
technical changes to conserve Agency time and resources, reduce
government paperwork, and eliminate unnecessary Federal Register
printing costs while continuing to afford public access to these
documents.

DATES: Submit either electronic or written comments on or before June
6, 2012. If we receive any significant adverse comments, we will
publish a document withdrawing the direct final rule within 30 days
after the comment period ends. We will then proceed to respond to
comments under this proposed rule using the usual notice and comment
procedures.

ADDRESSES: You may submit comments, identified by Docket No. FDA-2012-
N-0205 by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following ways:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

Written Submissions

    Submit written submissions in the following ways:
     FAX:<PHONE_NUMBER>.
     Mail/Hand delivery/Courier (for paper or CD-ROM
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Agency name
and Docket No. FDA-2012-N-0205 for this rulemaking. All comments
received may be posted without change to http://www.regulations.gov,
including any personal information provided. For additional information
on submitting comments, see the ``Comments'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and insert the
docket number, found in brackets in the heading of this document, into
the ``Search'' box and follow the prompts and/or go to the Division of
Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:  Daniel W. Sigelman, Office of the
Commissioner, Food and Drug Administration, 10903 New Hampshire Ave.,
Silver Spring, MD 20993-0002,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of October 3, 1974 (39 FR 35697), we
announced that copies of all our MOUs transacted with government
Agencies and nongovernment organizations were available for public
review at our offices during working hours and would be published in
the Federal Register. We subsequently codified this policy in the
Federal Register of December 24, 1974 (39 FR 44602 at 44651), and
recodified it where it currently appears in Sec.  20.108 (21 CFR
20.108) in the Federal Register of March 22, 1977 (42 FR 15616 at
15625).
    Consumers, industry, professional groups, associations, educators,
and other government Agencies had manifested widespread interest in the
texts of these MOUs. The intent of Sec.  20.108 was to promote
transparency by providing access to these stakeholders.
    This proposed rule would eliminate the requirement in current Sec.
20.108(c) that our agreements and MOUs with other departments,
Agencies, and organizations be published in the Federal Register on an
individual basis and instead will require that they be posted on our
Web site. We increasingly rely on Internet-based communications to
ensure and promote transparency in our operations and activities. So it
is with this proposed rule, which would merely recognize and codify our
already established practice of making our ongoing agreements and MOUs
with other departments, Agencies, and organizations publicly available
on our Web site. At the time of this writing, each such publicly
disclosable agreement and MOU can be accessed at one of the following
three Food and Drug Administration (FDA) Web site locations:

http://www.fda.gov/AboutFDA/PartnershipsCollaborations/MemorandaofUnderstandingMOUs/DomesticMOUs/default.htm;
http://www.fda.gov/AboutFDA/PartnershipsCollaborations/MemorandaofUnderstandingMOUs/AcademiaMOUs/default.htm; or
http://www.fda.gov/AboutFDA/PartnershipsCollaborations/MemorandaofUnderstandingMOUs/OtherMOUs/default.htm.

    Because all publicly disclosable agreements and MOUs are posted on
our Web site, it is no longer necessary to require, as does current
Sec.  20.108(b), that a permanent file of them be available for public
review during working hours in the Agency's Freedom of Information
Public Room. Accordingly, the proposed rule would revise current Sec.
20.108(b).
    The public's access to an FDA Web site that is regularly updated to
include agreements and MOUs as they are completed has already greatly
enhanced the speed, ease, and convenience with which stakeholders can
obtain and review these documents.
    Our proposed technical changes would lessen demands on the time of
our staff and reduce the Government paperwork and printing costs
associated with Federal Register publication of newly completed
agreements and MOUs with other departments, Agencies, and
organizations. At the same time, it would continue to ensure,
consistent with the underlying intent of Sec.  20.108, the
accessibility of records of widespread interest to consumers, industry,
professional groups, associations, educators, and other government
Agencies.
    Currently, Sec.  20.108(c) treats our cooperative work-sharing
agreements with State or local government Agencies differently from our
agreements and MOUs with other Agencies and organizations. Because
these cooperative work-sharing agreements rarely vary significantly
from one another, we decided against publishing their full texts in the
Federal Register

(51 FR 19851, June 3, 1986). Instead, since 1993, we have merely
required them to be listed at least once every 2 years in the Federal
Register (58 FR 48794, September 20, 1993). This proposed rule would
end such disparate treatment. Proposed Sec.  20.108(b) would apply to
all of our written agreements and MOUs with other departments,
Agencies, and organizations, including cooperative work-sharing
agreements with State or local government Agencies, except for signed
agreements and MOUs relating to activities of our Office of Criminal
Investigations, which are addressed in Sec.  20.108(d), which would be
revised and redesignated as Sec.  20.108(c).
    This proposed rule would not amend Sec.  20.108(a) (stating that
our written agreements and MOUs are available for public disclosure).

II. Companion Document to Direct Final Rulemaking

    This proposed rule is a companion to the direct final rule
published elsewhere in this issue of the Federal Register. The direct
final rule and this companion proposed rule are substantively
identical. This companion proposed rule provides the procedural
framework within which the rule may be finalized in the event that any
significant adverse comment is received in response to the direct final
rule and it is withdrawn. FDA is publishing the direct final rule
because we believe the rule is noncontroversial, and we do not
anticipate receiving any significant adverse comments. If no
significant adverse comment is received in response to the direct final
rule, no further action will be taken related to this proposed rule.
Instead we will publish a document confirming the effective date within
30 days after the comment period ends, confirming when the direct final
rule will go into effect.
    If we receive any significant adverse comment regarding the direct
final rule, we will withdraw the direct final rule within 30 days after
the comment period ends and proceed to respond to all of the comments
under this companion proposed rule using usual notice-and-comment
rulemaking procedures under the Administrative Procedures Act (APA) (5
U.S.C. 552a et seq.). The comment period for this companion proposed
rule runs concurrently with the comment period for the direct final
rule. Any comments received under this companion proposed rule will
also be considered as comments regarding the direct final rule, and
vice versa. We will not provide additional opportunity for comment. A
significant adverse comment is defined as a comment that explains why
the rule would be inappropriate, including challenges to the rule's
underlying premise or approach, or would be ineffective or unacceptable
without a change. In determining whether an adverse comment is
significant and warrants withdrawing a direct final rule, we will
consider whether the comment raises an issue serious enough to warrant
a substantive response in a notice-and-comment process in accordance
with section 553 of the APA (5 U.S.C. 553). Comments that are
frivolous, insubstantial, or outside the scope of the rule will not be
considered adverse under this procedure. For example, a comment
recommending an additional change to the rule will not be considered a
significant comment unless the comment states why the rule would be
ineffective without the additional change. In addition, if a
significant adverse comment applies to part of a rule and that part can
be severed from the remainder of the rule, we may adopt as final those
parts of the rule that are not the subject of a significant adverse
comment.
    In the Federal Register of November 21, 1997 (62 FR 62466), we
announced the availability of the guidance document entitled ``Guidance
for FDA and Industry: Direct Final Rule Procedures.'' This guidance
document may be accessed at http://www.fda.gov/RegulatoryInformation/Guidances/ucm125166.htm.

III. Analysis of Impacts

    FDA has examined the impacts of the proposed rule under Executive
Order 12866, Executive Order 13563, the Regulatory Flexibility Act (5
U.S.C. 601-612), and the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4). Executive Orders 12866 and 13563 direct Agencies to assess all
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety, and other advantages; distributive impacts; and
equity). The Agency believes that this proposed rule is not a
significant regulatory action under Executive Order 12866.
    The Regulatory Flexibility Act requires Agencies to analyze
regulatory options that would minimize any significant impact of a rule
on small entities. Because the proposed rule would not impose any
significant costs, we propose to certify that the final rule will not
have a significant economic impact on a substantial number of small
entities.
    Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires
that Agencies prepare a written statement, which includes an assessment
of anticipated costs and benefits, before proposing ``any rule that
includes any Federal mandate that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more (adjusted annually for
inflation) in any one year.'' The current threshold after adjustment
for inflation is $136 million, using the most current (2010) Implicit
Price Deflator for the Gross Domestic Product. We do not expect this
proposed rule to result in any 1-year expenditure that would meet or
exceed this amount.

IV. Paperwork Reduction Act of 1995

    We have concluded that this proposed rule contains no ``collections
of information. '' Therefore, clearance by the Office of Management and
Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520)
is not required.

V. Environmental Impact

    We have determined under 21 CFR 25.33 that this proposed rule is of
a type that would not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

VI. Federalism

    We have analyzed this proposed rule in accordance with the
principles set forth in Executive Order 13132. We have determined that
the proposed rule, if finalized, would not contain policies that would
have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Accordingly, we tentatively conclude that the proposed rule does not
contain policies that have federalism implications as defined in the
Executive order and, consequently, a federalism summary impact
statement is not required.

VII. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. Identify
comments with the docket number found in brackets in the

heading of this document and they may be accompanied by a supporting
memorandum or brief. Received comments may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

List of Subjects in 21 CFR Part 20

    Confidential business information, Courts, Freedom of information,
Government employees.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs, it is
proposed that 21 CFR part 20 be amended as follows:

PART 20--PUBLIC INFORMATION

    1. The authority citation for 21 CFR part 20 continues to read as
follows:

    Authority:  5 U.S.C. 552; 18 U.S.C. 1905; 19 U.S.C. 2531-2582;
21 U.S.C. 321-393, 1401-1403; 42 U.S.C. 241, 242, 242a, 242l, 242n,
243, 262, 263, 263b-263n, 264, 265, 300u-300u-5, 300aa-1.

    2. Amend section 20.108 as follows:
    a. Revise paragraph (b);
    b. Remove paragraph (c);
    c. Redesignate paragraph (d) as paragraph (c);
    d. Revise newly redesignated paragraph (c).
    The revisions and redesignations read as follows:

Sec.  20.108  Agreements between the Food and Drug Administration and
other departments, Agencies, and organizations.

* * * * *
    (b) All written agreements and memoranda of understanding between
FDA and any entity, including, but not limited to other departments,
Agencies, and organizations will be made available through the Food and
Drug Administration Web site at http://www.fda.gov once finalized.
    (c) Agreements and understandings signed by officials of the Food
and Drug Administration with respect to activities of the Office of
Criminal Investigations are exempt from the requirements set forth in
paragraph (b) of this section. Although such agreements and
understandings will not be made available through the Food and Drug
Administration Web site, these agreements will be available for
disclosure in response to a request from the public after deletion of
information that would disclose confidential investigative techniques
or procedures, or information that would disclose guidelines for law
enforcement investigations if such disclosure could reasonably be
expected to risk circumvention of the law.

    Dated: March 16, 2012.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2012-6969 Filed 3-22-12; 8:45 am]
BILLING CODE 4160-01-P