[Federal Register: January 27, 2010 (Volume 75, Number 17)]
[Notices]
[Page 4373-4374]
[DOCID:fr27ja10-74]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-464-000]

Colorado Interstate Gas Company; Notice of Availability of the
Environmental Assessment for the Proposed Raton 2010 Expansion Project

January 20, 2010.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the Raton
2010 Expansion Project proposed by Colorado Interstate Gas Company
(CIG) in the above-referenced docket. CIG requests authorization to
construct approximately 118 miles of 16-inch diameter pipeline in Las
Animas, Huerfano, Pueblo, and El Paso Counties, Colorado in two
segments (the Spanish Peaks and Aguilar Laterals). The Project would
increase firm capacity into CIG's system by 130,000 dekatherms per day
(Dth/d).
    The EA assesses the potential environmental effects of the
construction and operation of the Raton 2010 Expansion Project in
accordance with the requirements of the National Environmental Policy
Act of 1969 (NEPA). The FERC staff concludes that approval of the
proposed project, with appropriate mitigating measures, would not
constitute a major federal action significantly affecting the quality
of the human environment.
    The proposed Raton 2010 Expansion Project includes the following
proposed facilities:
     Spanish Peaks Lateral (Line 247A)--a 28 mile 16-inch
diameter pipeline from the existing Line 222A in Las Animas County,
Colorado to the intersection of existing Line 27A near

the town of Aguilar in Las Animas County, Colorado;
     Aguilar Lateral (Line 248A)--a 91 mile 16-inch diameter
pipeline from the existing Line 27A near the town of Aguilar, Colorado
northerly through Huerfano and Pueblo Counties, Colorado to the
intersection of existing Line 212A in El Paso County, Colorado;
     One new Kennedy Meter Station in Las Animas County,
Colorado;
     Modify the existing Wet Canyon Meter Station in Las Animas
County, Colorado;
     Modify the existing Picketwire Meter Station in Las Animas
County, Colorado; and
     Modify the existing Bowie Meter Station in Weld County,
Colorado.
    The EA has been placed in the public files of the FERC and is
available for public viewing on the FERC's Web site at http://
www.ferc.gov using the eLibrary link. A limited number of copies of the
EA are available for distribution and public inspection at: Federal
Energy Regulatory Commission, Public Reference Room, 888 First Street,
NE., Room 2A, Washington, DC 20426,<PHONE_NUMBER>.
    Copies of the EA have been mailed to Federal, State and local
agencies, interest groups, and individuals, tribes, newspapers and
libraries in the project area, and parties to this proceeding.
    Any person wishing to comment on the EA may do so. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
The more specific your comments, the more useful they will be. To
ensure that your comments are properly recorded and considered prior to
a Commission decision on the proposal, it is important that we receive
your comments in Washington, DC on or before February 19, 2010.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. In all instances please reference the
project docket number (CP09-464-000) with your submission. The
Commission encourages electronic filing of comments and has dedicated
eFiling expert staff available to assist you at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the Quick
Comment feature, which is located on the Commission's Web site at
http://www.ferc.gov under the link to Documents and Filings. A Quick
Comment is an easy method for interested persons to submit text-only
comments on a project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Web site at http://
www.ferc.gov under the link to Documents and Filings. eFiling involves
preparing your submission in the same manner as you would if filing on
paper, and then saving the file on your computer's hard drive. You will
attach that file as your submission. New eFiling users must first
create an account by clicking on ``Sign up'' or ``eRegister.'' You will
be asked to select the type of filing you are making. A comment on a
particular project is considered a ``Comment on a Filing''; or
    (3) You may file your comments via mail by sending an original and
two copies of your letter to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Room 1A,
Washington, DC 20426.
    If you choose the option to mail your comments, label one copy of
the comments for the attention of Gas Branch 2, PJ-11.2. Please mail
your comments promptly, so that they will be received in Washington, DC
on or before February 19, 2010.
    Although your comments will be considered by the Commission, simply
filing comments will not serve to make the commentor a party to the
proceeding. Any person seeking to become a party to the proceeding must
file a motion to intervene pursuant to Rule 214 of the Commission's
Rules of Practice and Procedures (18 CFR 385.214).\1\ Only intervenors
have the right to seek rehearing of the Commission's decision.
---------------------------------------------------------------------------

    \1\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
---------------------------------------------------------------------------

    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your comments considered.
    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.
Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field (i.e., CP09-464). Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-1535 Filed 1-26-10; 8:45 am]
BILLING CODE 6717-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on October 23, 2002

                     NOTICE OF ACTION TAKEN -- DOCKET OST-98-3652

_____________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of   Polar Air Cargo, Inc.   filed   10/11/02  for:

XX  Waiver of dormancy condition:

By Notice of Action Taken dated September 8, 1998, the Department
granted Polar Air Cargo exemption authority to provide scheduled
all-cargo service between points in the United States and Jeddah, Saudi
Arabia, via Ostend, Belgium, and Shannon, Ireland, and beyond Saudi
Arabia to Johannesburg, South Africa; Harare, Zimbabwe; and Nairobi,
Kenya, and allocated it two weekly U.S.-Saudi Arabia frequencies for
this service.   That award was subject to the condition that the
frequency allocation would expire automatically and the frequencies
would revert to the Department for reallocation if they are not used for
a period of 90 days.  Polar temporarily suspended Saudi Arabia service
on June 18, 1999.  The Department has previously granted Polar waivers
of the 90-day dormancy condition.   Polar seeks a further waiver of the
90-day the dormancy condition until December 26, 2002, stating that it
has firm plans to use the frequencies involved.

Polar states that the Department should grant the modest two-month
relief sought here so that it can complete certain arrangements to
resume its Saudi Arabia service.  Polar states that its needs to
finalize an agreement with a shipper that will make its Saudi Arabia
service viable, and it will then require time to make necessary
logistical and regulatory arrangements.  Polar states that it has
already submitted its application for resumption of service to the
authorities of Saudi Arabia.

Applicant rep.:    Russell E. Pommer,<PHONE_NUMBER>    DOT analyst:
Gerald Caolo,<PHONE_NUMBER>

DISPOSITION

XX  Granted. (See Remarks below)

The above action was effective when taken:  October 23, 2002, through
December 26, 2002

XX  Action taken by:	Paul L. Gretch, Director

			Office of International Aviation

(See Reverse Side)

2

________________________________________________________________________
___________

Remarks:  We have granted Polar’s request here, as in the public
interest, since the carrier has demonstrated its firm plans to resume
its Saudi Arabia service within a short period.  However, there should
be no expectation that an additional request will similarly be granted.
Any future requests to extend the dormancy waiver for the frequencies at
issue here will have to be considered in light of the specific arguments
offered in support of the request and any comments that might be filed
in response, and in the context of the circumstances present at that
time.  Furthermore, should another carrier seek to use the frequencies
at issue here, we reserve the right to reexamine whether the waiver
granted here continues to be in the public interest.

We acted on this application without awaiting expiration of the 7-day
answer period with the consent of all parties served.

________________________________________________________________________
______________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that

(1) our action was consistent with Department policy; and (2) grant of
the waiver was consistent with the public interest.  To the extent not
granted, we denied all requests in the referenced Docket.  We may amend,
modify, or revoke the authority granted in this Notice at any time
without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

 See the most recent Notice of Action Taken, dated August 15, 2002, in
Docket 98-3652, extending the exemption authority through August 15,
2004.  The frequency allocation was awarded in 1998 for an indefinite
period provided that Polar continued to hold the necessary underlying
authority.

 See the most recent Notice of Action Taken, dated March 22, 2002, in
Docket 98-3652, extending the waiver through October 26, 2002.

 Polar’s waiver from the dormancy condition is effective through
December 26, 2002, or until the date on which Polar begins service with
each of the frequencies, whichever occurs earlier.  As to any frequency
with which Polar does not begin service by December 26, 2002, its
frequency allocation with respect to that frequency expires
automatically.


Sec.   63.10(e)(4)...................  Reporting COMS data....  No.....................  Subpart ZZZZ does not
                                                                                require COMS.
Sec.   63.10(f)......................  Waiver for               Yes....................
                                        recordkeeping/
                                        reporting.
Sec.   63.11.........................  Flares.................  No.....................
Sec.   63.12.........................  State authority and      Yes....................
                                        delegations.
Sec.   63.13.........................  Addresses..............  Yes....................
Sec.   63.14.........................  Incorporation by         Yes....................
                                        reference.
Sec.   63.15.........................  Availability of          Yes....................
                                        information.
----------------------------------------------------------------------------------------------------------------

PART 85--[AMENDED]

    28. The authority citation for part 85 continues to read as
follows:

    Authority: 42 U.S.C. 7401-7671q.

    29. Section 85.2401 is amended by revising paragraph (a)(13) to
read as follows:

Sec.  85.2401  To whom do these requirements apply?

    (a) * * *
    (13) Stationary internal combustion engines (See 40 CFR part 60,
subparts IIII and JJJJ).
* * * * *
    30. Section 85.2403 is amended by revising paragraph (b)(11) to
read as follows:

Sec.  85.2403  What definitions apply to this subpart?

* * * * *
    (b) * * *
    (11) 40 CFR part 60, subparts IIII and JJJJ.
* * * * *
    31. Section 85.2405 is amended by adding paragraph (f) to read as
follows:

Sec.  85.2405  How much are the fees?

* * * * *
    (f) Fees for stationary SI internal combustion engine certificate
requests shall be calculated in the same manner as for NR SI
certificate. Fees for certificate requests where the certificate would
apply to stationary and mobile engines shall be calculated in the same
manner as fees for the certificate requests for the applicable mobile
source engines.

PART 90--[AMENDED]

    32. The authority citation for part 90 continues to read as
follows:

    Authority: 42 U.S.C. 7401-7671q.

    33. Section 90.1 is amended by adding paragraph (h) to read as
follows:

Sec.  90.1  Applicability.

* * * * *
    (h) This part applies as specified in 40 CFR part 60 subpart JJJJ,
to spark-ignition engines subject to the standards of 40 CFR part 60,
subpart JJJJ.
    34. Section 90.107 is amended by adding paragraph (d)(12) to read
as follows:

Sec.  90.107  Application for certificate.

* * * * *
    (d) * * *
    (12) A statement indicating whether the engine family contains only
nonroad engines, only stationary engines, or both.
* * * * *
    35. Section 90.114 is amended by revising paragraph (c)(7) to read
as follows:

Sec.  90.114  Requirement of certification--engine information label.

* * * * *
    (c) * * *
    (7) The statement ``THIS ENGINE CONFORMS TO U.S. EPA REGULATIONS
FOR [MODEL YEAR] ENGINES.'';
* * * * *
    36. Section 90.201 is revised to read as follows:

Sec.  90.201  Applicability.

    The requirements of this subpart C are applicable to all Phase 2
spark-ignition engines subject to the provisions of subpart A of this
part except as provided in Sec.  90.103(a). These provisions are not
applicable to any Phase 1 engines. Participation in the averaging,
banking and trading program is voluntary, but if a manufacturer elects
to participate, it must do so in compliance with the regulations set
forth in this subpart. The provisions of this subpart are applicable
for HC+NOX (NMHC+NOX) emissions but not for CO
emissions. To the extent specified in 40 CFR part 60, subpart JJJJ,
stationary engines certified under this part and subject to the
standards of 40 CFR part 60, subpart JJJJ, may participate in the
averaging, banking, and trading program described in this subpart.

PART 1048--[AMENDED]

    37. The authority citation for part 1048 continues to read as
follows:

    Authority: 42 U.S.C. 7401-7671q.

    38. Section 1048.1 is amended by revising paragraph (c) to read as
follows:

Sec.  1048.1  Does this part apply to me?

* * * * *
    (c) The definition of nonroad engine in 40 CFR 1068.30 excludes
certain engines used in stationary applications. These engines may be
required by 40 CFR part 60, subpart JJJJ, to comply with some of the
provisions of this part 1048; otherwise, these engines are only
required to comply with the requirements in Sec.  1048.20. In addition,
the prohibitions in 40 CFR 1068.101 restrict the use of stationary
engines for nonstationary purposes unless they are certified under this
part 1048 to the same standards that would apply to nonroad engines for
the same model year.
* * * * *
    39. Section 1048.20 is amended by revising paragraph (a)
introductory text and adding paragraph (c) to read as follows:

Sec.  1048.20  What requirements from this part apply to excluded
stationary engines?

    (a) You must add a permanent label or tag to each new engine you
produce or import that is excluded under Sec.  1048.1(c) as a
stationary engine and is not required by 40 CFR part 60, subpart JJJJ,
to meet the standards and other requirements of this part 1048 that are
equivalent to the requirements applicable to nonroad SI engines for the
same model year. To meet labeling requirements, you must do the
following things:
* * * * *
    (c) Stationary engines required by 40 CFR part 60, subpart JJJJ, to
meet the requirements of this part 1048, or 40 CFR part 90, must meet
the labeling requirements of 40 CFR 60.4242.
    40. Section 1048.101 is amended by adding paragraph (a)(4) to read
as follows:

Sec.  1048.101  What exhaust emission standards must my engines meet?

* * * * *
    (a) * * *
    (4) For constant-speed engines, the emission standards do not apply
for transient testing if you do both of the following things:
    (i) Demonstrate that the specified transient duty-cycle is not
representative of how your engines will operate in use.
    (ii) Demonstrate that the engine's emission controls will function
properly to control emissions during transient operation in use. In
most cases, you may do this by showing that you use the same controls
as a similar variable-speed engine that is certified as complying with
the emission standards during transient testing.
* * * * *
    41. Section 1048.205 is amended by revising paragraph (w) to read
as follows:

Sec.  1048.205  What must I include in my application?

* * * * *
    (w) State whether your certification is intended to include engines
used in stationary applications. Also State whether your certification
is limited for certain engines. If this is the case, describe how you
will prevent use of these engines in applications for which they are
not certified. This applies for engines such as the following:
    (1) Constant-speed engines.
    (2) Variable-speed engines.
* * * * *

PART 1065--[AMENDED]

    42. The authority citation for part 1065 continues to read as
follows:

    Authority: 42 U.S.C. 7401-7671q.

    43. Section 1065.1 is amended by adding paragraph (a)(6) to read as
follows:

Sec.  1065.1  Applicability.

    (a) * * *
    (6) Stationary spark-ignition engines certified using the
provisions of 40 CFR part 1048, as indicated under 40 CFR part 60,
subpart JJJJ, the standard-setting part for these engines.
* * * * *

PART 1068--[AMENDED]

    44. The authority citation for part 1068 continues to read as
follows:

    Authority: 42 U.S.C. 7401-7671q.

    45. Section 1068.1 is amended by adding paragraph (a)(5) to read as
follows:

Sec.  1068.1  Does this part apply to me?

    (a) * * *
    (5) Stationary spark-ignition engines certified to the provisions
of 40 CFR part 1048, as indicated under 40 CFR part 60, subpart JJJJ.
* * * * *
[FR Doc. 06-4919 Filed 6-9-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: December 17, 2008 (Volume 73, Number 243)]
[Notices]
[Page 76630-76632]
[DOCID:fr17de08-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting Notice

December 11, 2008.
    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. No. 94-409), 5
U.S.C. 552b:
    Agency Holding Meeting: Federal Energy Regulatory Commission.
    Date and Time: December 18, 2008, 10 a.m.
    Place: Room 2C, 888 First Street, NE., Washington, DC 20426.
    Status: Open.
    Matters to be Considered: Agenda.

    Note: Items listed on the agenda may be deleted without further
notice.

CONTACT PERSON FOR MORE INFORMATION:  Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>. For a recorded message listing items struck
from or added to the meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's Web site at http://www.ferc.gov using the eLibrary link,
or may be examined in the Commission's Public Reference Room.

                                                 942ND--Meeting
----------------------------------------------------------------------------------------------------------------
         Item No                     Docket No.                                    Company
----------------------------------------------------------------------------------------------------------------
                                                 Administrative
----------------------------------------------------------------------------------------------------------------
A-1.....................  AD02-1-000......................  Agency Administrative Matters.
A-2.....................  AD02-7-000......................  Customer Matters, Reliability, Security and Market
                                                             Operations.
A-3.....................  AD06-3-000......................  Energy Market Update.
----------------------------------------------------------------------------------------------------------------
                                                    Electric
----------------------------------------------------------------------------------------------------------------
E-1.....................  EL02-28-006, EL02-33-007, EL02-   Nevada Power Company and Sierra Pacific Power
                           38-006.                           Company v. Enron Power Marketing, Inc.; El Paso
                                                             Merchant Energy; American Electric Power Services
                                                             Corporation.
                          EL02-29-006, EL02-30-006, EL02-   Nevada Power Company v. Morgan Stanley Capital
                           31-006.                           Group; Calpine Energy Services; Mirant Americas
                                                             Energy Marketing, L.P.
                          EL02-32-006, EL02-34-006, EL02-   Reliant Energy Services; BP Energy Company;
                           39-006.                           Allegheny Energy Supply Company, L.L.C.
                          EL02-43-006.....................  Southern California Water Company v. Mirant Americas
                                                             Energy Marketing L.P.
                          EL02-56-006.....................  Public Utility District No. 1 Snohomish County,
                                                             Washington v. Morgan Stanley Capital Group, Inc.
E-2.....................  EL08-34-002.....................  Maryland Public Service Commission v. PJM
                                                             Interconnection, L.L.C.
                          EL08-47-002.....................  PJM Interconnection, L.L.C.
E-3.....................  ER07-1372-002, ER07-1372-005,     Midwest Independent Transmission System Operator,
                           ER07-1372-011, ER07-1372-013.     Inc.
                          ER08-1254-000...................  Midwest Independent Transmission System Operator,
                                                             Inc. and Transmission Owners of the Midwest
                                                             Independent Transmission System Operator, Inc.
                          ER08-1257-000, ER08-1257-001....  Midwest Independent Transmission System Operator,
                                                             Inc.
                          ER09-24-000.....................  Midwest Independent Transmission System Operator,
                                                             Inc.
E-4.....................  ER07-1372-007...................  Midwest Independent Transmission System Operator,
                                                             Inc.
E-5.....................  ER09-14-000, ER09-14-001........  NSTAR Electric Company.
E-6.....................  ER09-88-000.....................  Southern Company Services, Inc.
E-7.....................  RM04-7-005......................  Market-Based Rates For Wholesale Sales of Electric
                                                             Energy, Capacity and Ancillary Services By Public
                                                             Utilities.
E-8.....................  RC08-1-001......................  Southeastern Power Administration.
E-9.....................  RC09-3-000......................  North American Electric Reliability Corporation and
                                                             Northeast Power Coordinating Council, Inc.
E-10....................  RR06-1-016, RR06-1-017..........  North American Electric Reliability Council, North
                                                             American Electric Reliability Corporation.
                          RR07-1-004......................  Delegation Agreement Between the North American
                                                             Electric Reliability Corporation and Texas Regional
                                                             Entity, a division of ERCOT.
                          RR07-2-004......................  Delegation Agreement Between the North American
                                                             Electric Reliability Corporation and Midwest
                                                             Reliability Organization.
                          RR07-3-004, RR07-3-005..........  Delegation Agreement Between the North American
                                                             Electric Reliability Corporation and Northeast
                                                             Power Coordinating Council, Inc.

                          RR07-4-004......................  Delegation Agreement Between the North American
                                                             Electric Reliability Corporation and
                                                             ReliabilityFirst Corporation.
                          RR07-5-005......................  Delegation Agreement Between the North American
                                                             Electric Reliability Corporation and SERC
                                                             Reliability Corporation.
                          RR07-6-004......................  Delegation Agreement Between the North American
                                                             Electric Reliability Corporation and Southwest
                                                             Power Pool, Inc.
                          RR07-7-004, RR07-7-005..........  Delegation Agreement Between the North American
                                                             Electric Reliability Corporation and Western
                                                             Electricity Coordinating Council.
                          RR07-8-004, RR07-8-005..........  Delegation Agreement Between the North American
                                                             Electric Reliability Corporation and Florida
                                                             Reliability Coordinating Council.
E-11....................  ER09-149-000....................  Southwest Power Pool, Inc.
E-12....................  ER08-1051-000, ER08-1051-001....  NSTAR Electric Company.
E-13....................  ER08-1256-000, ER08-1256-001....  Midwest Independent Transmission System Operator,
                                                             Inc.
E-14....................  ER09-15-000.....................  Midwest Independent Transmission System Operator,
                                                             Inc.
                          ER09-97-000.....................  Midwest Independent Transmission System Operator,
                                                             Inc.
E-15....................  ER08-1055-000, ER08-1055-001....  Midwest Independent Transmission System Operator,
                                                             Inc.
                          ER08-1042-000, ER08-1042-001,     Midwest Independent Transmission System Operator,
                           ER08-1042-002.                    Inc.
E-16....................  OMITTED.........................
E-17....................  ER09-209-000....................  ISO New England Inc. and New England Power Pool.
E-18....................  ER09-239-000....................  California Independent System Operator Corporation.
E-19....................  ER09-12-000.....................  American Electric Power Service Corporation.
E-20....................  ER09-187-000, ER08-1343-000,      Southern California Edison Company.
                           ER08-1353-000.
E-21....................  OMITTED.........................
E-22....................  ER07-869-004, ER07-475-005, ER06- California Independent System Operator Corporation.
                           615-030.
E-23....................  ER08-375-002....................  Southern California Edison Company.
E-24....................  ER96-78-020.....................  Southern Company Services, Inc., Alabama Power
                                                             Company, Georgia Power Company, Gulf Power Company,
                                                             Mississippi Power Company, Southern Power Company.
E-25....................  OMITTED.........................
E-26....................  EL09-4-000......................  Independent Power Producers of New York, Inc.;
                                                             Astoria Generating Company, L.P.;
                                                             ConsumerPower1ine, Inc.; East Coast Power, LLC;
                                                             Energy Curtailment Specialists, Inc.; NRG Energy,
                                                             Inc.; TC Ravenswood, LLC v. New York Independent
                                                             System Operator, Inc.
E-27....................  EL00-95-164.....................  San Diego Gas & Electric Company v. Sellers of
                                                             Energy and Ancillary Services Into Markets Operated
                                                             by the California Independent System Operator
                                                             Corporation and the California Power Exchange
                                                             Corporation.
                          EL00-98-184.....................  Investigation of Practices of the California
                                                             Independent System Operator Corporation and the
                                                             California Power Exchange Corporation.
E-28....................  OMITTED.........................
E-29....................  ER08-774-001, ER08-774-001......  Entergy Services, Inc.
E-30....................  ER07-694-000....................  New England Power Company.
E-31....................  ER05-6-093, ER05-6-107..........  Midwest Independent Transmission System Operator,
                                                             Inc.
                          EL04-135-096, EL04-135-111......  Midwest Independent Transmission System Operator,
                                                             Inc. and PJM Interconnection, L.L.C.
                          EL02-111-113, EL02-111-128......  Midwest Independent Transmission System Operator,
                                                             Inc.
                          EL03-212-109, EL03-212-124......  Ameren Services Company.
E-32....................  ER07-1372-009, ER07-1372-010....  Midwest Independent Transmission System Operator,
                                                             Inc.
                          ER06-1552-000, ER06-1552-002,     Midwest Independent Transmission System Operator,
                           ER06-1552-003.                    Inc.
E-33....................  ER08-283-002....................  New York Independent System Operator, Inc.
E-34....................  ER08-370-004....................  Missouri River Energy Services and Midwest
                                                             Independent Transmission System Operator, Inc.
                          EL08-22-002.....................  Missouri River Energy Services and Western Minnesota
                                                             Municipal Power Agency.
E-35....................  ER06-615-027, ER06-615-028......  California Independent System Operator Corporation.
E-36....................  EL07-101-001....................  American Electric Power Service Corporation v.
                                                             Midwest Independent Transmission System Operator,
                                                             Inc. and PJM Interconnection, L.L.C.
                          ER05-6-103......................  Midwest Independent Transmission System Operator,
                                                             Inc.
                          EL04-135-106....................  Midwest Independent Transmission System Operator,
                                                             Inc. PJM Interconnection, L.L.C.
                          EL02-111-123....................  Midwest Independent Transmission System Operator,
                                                             Inc. PJM Interconnection, L.L.C.
                          EL03-212-119....................  Ameren Services Company.
E-37....................  ER08-585-000....................  California Independent System Operator Corporation.
E-38....................  ER08-808-001, ER08-949-002, ER08- Westar Energy, Inc.
                           989-002, ER08-992-002, ER08-994-
                           002, ER08-998-002, ER08-1029-
                           001, ER08-1031-001, ER08-1033-
                           001, ER08-1035-001, ER08-1037-
                           001, ER08-1047-001, ER08-1062-
                           001, ER08-1149-002.
E-39....................  RM05-35-000.....................  Standard of Review for Modifications to
                                                             Jurisdictional Agreement.

E-40....................  EL08-86-000.....................  Renewable Energy Systems Americas Inc. and PEAK Wind
                                                             Development, LLC v. Otter Tail Power Company and
                                                             Minnkota Power Cooperative, Inc.
----------------------------------------------------------------------------------------------------------------
                                                       Gas
----------------------------------------------------------------------------------------------------------------
G-1.....................  RM07-10-002.....................  Transparency Provisions of Section 23 of the Natural
                                                             Gas Act.
G-2.....................  RM07-9-000......................  Review of FERC Form Nos. 6 and 6Q.
G-3.....................  RP00-107-011....................  Williston Basin Interstate Pipeline Company.
G-4.....................  RP08-426-000, RP08-426-001......  El Paso Natural Gas Company.
G-5.....................  OMITTED.........................
----------------------------------------------------------------------------------------------------------------
                                                      Hydro
----------------------------------------------------------------------------------------------------------------
H-1.....................  P-11945-003.....................  Symbiotics, LLC.
H-2.....................  P-12804-000.....................  Public Utility District No. 1 of Okanogan County,
                                                             Washington.
H-3.....................  P-12606-000.....................  Avista Corporation.
H-4.....................  P-2545-091......................  Avista Corporation.
----------------------------------------------------------------------------------------------------------------
                                                  Certificates
----------------------------------------------------------------------------------------------------------------
C-1.....................  CP08-96-000.....................  Arlington Storage Company, LLC.
C-2.....................  CP08-418-000....................  Southeast Gas Storage, LLC.
----------------------------------------------------------------------------------------------------------------

Kimberly D. Bose,
Secretary.
    A free Webcast of this event is available through http://
www.ferc.gov. Anyone with Internet access who desires to view this
event can do so by navigating to http://www.ferc.gov's Calendar of
Events and locating this event in the Calendar. The event will contain
a link to its Webcast. The Capitol Connection provides technical
support for the free Webcasts. It also offers access to this event via
television in the DC area and via phone bridge for a fee. If you have
any questions, visit http://www.CapitolConnection.org or contact
Danelle Springer or David Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.

[FR Doc. E8-29887 Filed 12-16-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Page 23563]
[FR Doc No: 2017-10511]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP17-746-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: Housekeeping Filing 5-16-2017 to be effective 6/6/2016.
    Filed Date: 05/16/2017.
    Accession Number: 20170516-5067.
    Comment Date: 5:00 p.m. Eastern Time on Tuesday, May 30, 2017.

    Docket Numbers: RP17-747-000.
    Applicants: Empire Pipeline, Inc.
    Description: Empire Pipeline, Inc. submits tariff filing per
154.403(d)(2): Fuel Tracker (Empire tracking Supply) to be effective 6/
1/2017.
    Filed Date: 05/16/2017.
    Accession Number: 20170516-5097.
    Comment Date: 5:00 p.m. Eastern Time on Tuesday, May 30, 2017.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
may be considered, but intervention is necessary to become a party to
the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 17, 2017.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2017-10511 Filed 5-22-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 159 (Friday, August 16, 2019)]
[Proposed Rules]
[Pages 41944-41948]
[FR Doc No: 2019-17668]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0299 and EPA-R03-OAR-2019-0349; FRL-9998-34-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; State Implementation Plans for the Cross-State Air
Pollution Rule and for the Interstate Transport Requirements of the
2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve two state implementation plan (SIP) revisions submitted by the
State of West Virginia, one submitted on March 27, 2018, and one on
June 5, 2019. The June 5, 2019 submittal consists of a regulation that
adopts the Cross-State Air Pollution Rule (CSAPR). Under the Federal
CSAPR, large electricity generating units (EGUs) in West Virginia are
subject to Federal Implementation Plans (FIPs) requiring the units to
participate in CSAPR's Federal trading program for annual emissions of
nitrogen oxides (NOX), one of CSAPR's two Federal trading
programs for annual emissions of sulfur dioxide (SO2), and
one of CSAPR's two Federal trading programs for ozone season emissions
of NOX. This action would approve the State's regulation
requiring large West Virginia EGUs to participate in new CSAPR state
trading programs for annual NOX, annual SO2, and
ozone season NOX emissions integrated with the CSAPR Federal
trading programs, replacing the corresponding FIP requirements. EPA is
proposing to approve the SIP revision because the submittal meets the
requirements of the Clean Air Act (CAA) and EPA's regulations for
approval of a CSAPR full SIP revision replacing the requirements of a
CSAPR FIP. Under the CSAPR regulations, approval of the SIP revision
would automatically eliminate West Virginia EGU's requirements under
the corresponding CSAPR FIPs, thereby addressing West Virginia's
interstate transport (or ``good neighbor'') obligations for the 1997
fine particulate matter (PM2.5) national ambient air quality
standard (NAAQS), the 2006 PM2.5 NAAQS, and the 2008 ozone
NAAQS. Like the CSAPR FIP requirements that would be replaced, approval
of the SIP revision would fully satisfy West Virginia's good neighbor
obligations for the 1997 PM2.5 NAAQS, the 2006
PM2.5 NAAQS, and the 2008 ozone NAAQS.
    In conjunction with EPA's proposed approval of West Virginia's June
5, 2019 CSAPR regulation, EPA is also proposing to approve West
Virginia's March 27, 2018 submittal related to West Virginia's good
neighbor obligations under the 2008 ozone NAAQS. These actions are
being taken in accordance with the CAA.

DATES: Written comments must be received on or before September 16,
2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2013-0299 (for the West Virginia 2008 ozone good neighbor SIP) and
EPA-R03-OAR-2019-0349 (for the West Virginia CSAPR SIP) at https://www.regulations.gov, or via email to<EMAIL_ADDRESS>For
comments submitted at Regulations.gov, follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. For either manner of submission, EPA may
publish any comment received to its public docket. Do not submit
electronically any information you consider to be confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e., on the web, cloud, or
other file sharing system). For additional submission methods, please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section. For the full EPA public comment policy, information about CBI
or multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, Planning &
Implementation Branch (3AD30), Air and Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. Ms. Powers can be reached at (215)
814-2308, or via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On March 27, 2018, West Virginia, through
the West Virginia Department of Environmental Protection (WVDEP),
supplemented its February 17, 2012 infrastructure SIP for the 2008
ozone NAAQS to satisfy the requirements of CAA section
110(a)(2)(D)(i)(I). The March 27, 2018 submittal requested conditional
approval contingent on the State's adoption of the emission reduction
requirements of 40 CFR 97, subpart EEEEE, the CSAPR NOX
Ozone Season Group 2 Trading Program. On June 5, 2019, EPA received a
SIP revision submittal from WVDEP seeking to incorporate the
requirements of 40 CFR 97, subparts AAAAA (CSAPR NOX Annual
Trading Program), CCCCC (CSAPR SO2 Group 1 Trading Program),
and EEEEE (CSAPR NOX Ozone Season Group 2 Trading Program)
into the West Virginia SIP (West Virginia CSAPR SIP). The June 5, 2019
submittal requested that EPA fully approve the March 27, 2018 submittal
instead of the conditional approval West Virginia originally requested.

I. Background

1. Cross-State Air Pollution Rule (CSAPR)

    On August 8, 2011, and October 26, 2016, EPA issued the Cross-State
Air Pollution Rule (CSAPR) and the CSAPR Update, respectively, to
address the requirements of CAA section 110(a)(2)(D)(i)(I) concerning
interstate transport of air pollution.\1\ As amended (including by the
CSAPR Update), CSAPR requires 27 eastern states to limit their
statewide emissions of sulfur dioxide (SO2) and/or oxides of
nitrogen (NOX) in order to mitigate transported air
pollution unlawfully impacting other states' ability to attain or
maintain four national ambient air quality standards (NAAQS): The 1997
annual fine particulate matter (PM2.5) NAAQS, the 2006 24-
hour PM2.5 NAAQS, the 1997 ozone NAAQS, and the 2008 ozone
NAAQS. The CSAPR emissions limitations are defined in terms of maximum
statewide ``budgets'' for emissions of annual SO2, annual
NOX, and/or ozone season NOX by each covered
state's large EGUs. The CSAPR state budgets are implemented in two
phases of general increasing stringency:

The Phase 1 budgets apply to emissions in 2015 and 2016; and the Phase
2 and CSAPR Update budgets apply to emissions in 2017 and later years.
As a mechanism for achieving compliance with the emissions limitations,
CSAPR establishes five Federal emissions trading programs: A program
for annual NOX emissions; two geographically separate
programs for annual SO2 emissions; and two geographically
separate programs for ozone season NOX emissions. CSAPR also
establishes requirements in a FIP applicable to the large EGUs in each
covered state.\2\ Currently, the CSAPR FIP provisions require each
state's units to participate in up to three of the five CSAPR trading
programs.
---------------------------------------------------------------------------

    \1\ See 76 FR 48208 (August 8, 2011) and 81 FR 74504 (October
26, 2016).
    \2\ States are required to submit good neighbor SIPs three years
after a NAAQS is promulgated. CAA section 110(a)(1) and (2). Where
EPA finds that a state fails to submit a required SIP or disapproves
a SIP, EPA is obligated to promulgate a FIP addressing the
deficiency. CAA section 110(c)(1).
---------------------------------------------------------------------------

    CSAPR includes provisions under which states may submit and EPA may
approve SIP revisions to modify or replace the CSAPR FIP requirements
while allowing states to continue to meet their transport-related
obligations using either CSAPR's Federal emissions trading programs or
state emissions trading programs integrated with the Federal programs,
provided that the SIP revisions meet all relevant criteria.\3\ Through
such a SIP revision, a state may replace EPA's default provisions for
allocating emission allowances among the state's units, employing any
states elected methodology to allocate or auction the allowances,
subject to timing conditions and limits on overall allowance
quantities. In the case of CSAPR's Federal trading programs for ozone
season NOX emissions (or an integrated state trading
program), a state may also expand trading program applicability to
include certain smaller EGUs.\4\ If a state wants to replace the CSAPR
FIP requirements with SIP requirements under which the state's units
participate in a state trading program that is integrated with and
identical to the Federal trading program even as to the allocation and
applicability provisions, the state may submit a SIP revision for that
purpose as well. However, no emissions budget increases or other
substantive changes to the trading program provisions are allowed. A
state whose units are subject to multiple CSAPR Federal trading
programs may submit SIP revisions to modify or replace the FIP
requirements with respect to some or all of those trading programs.
---------------------------------------------------------------------------

    \3\ See 40 CFR 52.38 and 52.39. States also retain the ability
to submit SIP revisions to meet their transport-related obligations
using mechanisms other than the CSAPR Federal trading programs or
integrated state trading programs.
    \4\ States covered by both the CSAPR Update and the
NOX SIP Call have the additional option to expand
applicability under the CSAPR NOX Ozone Season Group 2
Trading Program to include non-EGUs that would have participated in
the NOX Budget Trading Program.
---------------------------------------------------------------------------

    States can submit two basic forms of CSAPR-related SIP revisions
effective for emissions control periods in 2017 or later years.\5\
Specific conditions for approval of each form of SIP revision are set
forth in the CSAPR regulations. Under the first alternative--an
``abbreviated'' SIP revision--a state may submit a SIP revision that
upon approval replaces the default allowance allocation and/or
applicability provisions of a CSAPR Federal trading program for the
state.\6\ Approval of an abbreviated SIP revision leaves the
corresponding CSAPR FIP and all other provisions of the relevant
Federal trading program in place for the state's units. Under the
second alternative--a ``full'' SIP revision--a state may submit a SIP
revision that upon approval replaces a CSAPR Federal trading program
for the state with a state trading program integrated with the Federal
trading program, so long as the state trading program is substantively
identical to the Federal trading program or does not substantively
differ from the Federal trading program except as discussed above with
regard to the allowance allocation and/or applicability provisions.\7\
For purposes of a full SIP revision, a state may either adopt state
rules with complete trading program language, incorporate the Federal
trading program language into its state rules by reference (with
appropriate conforming changes), or employ a combination of these
approaches.
---------------------------------------------------------------------------

    \5\ CSAPR also provides for a third, more streamlined form of
SIP revision that is effective only for control periods in 2016 (or
2018 for CSAPR NOX Ozone Season Group 2 units) and is not
relevant here. See 40 CFR 52.38(a)(3), (b)(3), (b)(7); 52.39(d),
(g).
    \6\ See 40 CFR 52.38(a)(4), (b)(4), (b)(8); 52.29(e), (h).
    \7\ See 40 CFR 52.38(a)(5), (b)(5), (b)(9); 52.39(f), (i).
---------------------------------------------------------------------------

    The CSAPR regulations identify several important consequences and
limitations associated with approval of a full SIP revision, two of
which are potentially relevant to West Virginia.\8\ First, upon EPA's
approval of a full SIP revision as correcting the deficiency in the
state's SIP that was the basis for a particular set of CSAPR FIP
requirements, the obligation to participate in the corresponding CSAPR
Federal trading program is automatically eliminated for units subject
to the state's jurisdiction without the need for a separate EPA
withdrawal action, so long as EPA's approval of the SIP revision as
meeting the requirements of the CSAPR regulations is full and
unconditional.\9\ Second, if at the time a full SIP revision is
approved EPA has already started recording allocations of allowances
for a given control period to a state's units, the Federal trading
program provisions authorizing EPA to complete the process of
allocating and recording allowances for that control period to those
units will continue to apply, unless EPA's approval of the SIP revision
provides otherwise.\10\
---------------------------------------------------------------------------

    \8\ Because there is no Indian country within West Virginia's
borders, the possible consequences of construction of new EGUs in
Indian country are not relevant here.
    \9\ See 40 CFR 52.38(a)(6), (b)(10)(i); 52.39(j)
    \10\ See 40 CFR 52.38(a)(7), (b)(11); 52.39(k).
---------------------------------------------------------------------------

    In the 2011 CSAPR rulemaking, EPA determined that air pollution
transported from West Virginia would unlawfully affect other states'
ability to attain or maintain the 1997 PM2.5 NAAQS, the 2006
24-hour PM2.5 NAAQS, and the 1997 ozone NAAQS and therefore
included the State's EGUs in the CSAPR Federal trading programs for
SO2 and annual NOX, fully addressing the State's
obligations regarding transported PM2.5 pollution, and the
original CSAPR Federal trading program for ozone season NOX,
fully addressing the State's obligations regarding transported ozone
pollution with respect to the 1997 ozone NAAQS.\11\ Upon judicial
review, the State's CSAPR Phase 2 budget for ozone season
NOX was remanded to EPA for reconsideration.\12\ In the 2016
CSAPR Update rulemaking, based on updated data and analysis, EPA
determined that air pollution transported from West Virginia would no
longer unlawfully affect other states' ability to attain or maintain
the 1997 ozone NAAQS but would unlawfully affect other states' ability
to attain or maintain the 2008 ozone NAAQS, and EPA therefore included
the State's EGUs in the CSAPR Update Federal trading program for ozone
season NOX as a partial remedy addressing the State's good
neighbor obligations with respect to the 2008 ozone NAAQS.\13\ Most
recently, in a 2018 action, based on further updated data and analyses,
EPA determined that implementation of the ozone season

NOX budgets established in the 2016 CSAPR Update rulemaking
for West Virginia and 19 other states now represents a full remedy for
the states' interstate transport obligations with respect to the 2008
ozone NAAQS.\14\
---------------------------------------------------------------------------

    \11\ See 76 FR at 48209-13; see also 40 CFR 52.38(a)(2)(i),
52.39(b).
    \12\ EME Homer City Generation, L.P. v. EPA, 795 F.3d 118, 138
(D.C. Cir. 2015).
    \13\ See 81 FR at 74506-09. EPA also ended requirements for West
Virginia's EGUs to participate in the original CSAPR ozone season
NOX trading program after 2016. See 40 CFR
52.38(b)(2)(ii)-(iii).
    \14\ See 83 FR 65878 (December 21, 2018).
---------------------------------------------------------------------------

    As a result of the three actions just discussed, West Virginia
units meeting the CSAPR applicability criteria are currently subject to
FIP requirements for participation in three CSAPR (or CSAPR Update)
Federal trading programs that fully address the State's interstate
transport obligations with respect to the 1997 and 2006
PM2.5 NAAQS and the 2008 ozone NAAQS. This proposed action
would incorporate into the SIP the CSAPR state trading program
regulations to replace the three currently applicable CSAPR Federal
trading program regulations for West Virginia units, thereby fully
addressing through SIP provisions the State's interstate transport
obligations with respect to each of these three NAAQS.\15\
---------------------------------------------------------------------------

    \15\ As noted earlier, EPA determined in the CSAPR Update that
West Virginia has no remaining good neighbor obligation with respect
to the 1997 ozone NAAQS.
---------------------------------------------------------------------------

2. Infrastructure SIP for the 2008 Ozone NAAQS

    On March 27, 2008 (73 FR 16436), EPA promulgated an ozone NAAQS
that revised the levels of the primary and secondary 8-hour ozone
standards from 0.08 parts per million (ppm) to 0.075 ppm. Pursuant to
CAA section 110(a)(1), within three years after promulgation of a new
or revised NAAQS (or shorter, if EPA prescribes), states must submit
SIPs that meet the applicable requirements of section 110(a)(2). EPA
has historically referred to these SIP submissions made for the purpose
of satisfying the requirements of sections 110(a)(1) and 110(a)(2) as
``infrastructure SIP'' submissions. One of the structural requirements
of section 110(a)(2) is section 110(a)(2)(D)(i), also known as the
``good neighbor'' provision, which generally requires SIPs to contain
adequate provisions to prohibit in-state emissions activities from
having certain adverse air quality effects on neighboring states due to
interstate transport of air pollution. There are four sub-elements, or
``prongs,'' within section 110(a)(2)(D)(i) of the CAA. CAA section
110(a)(2)(D)(i)(I) requires SIPs to include provisions prohibiting any
source or other type of emissions activity in one state from emitting
any air pollutant in amounts that will contribute significantly to
nonattainment, or interfere with maintenance, of the NAAQS in another
state. The two provisions of this section are referred to as prong 1
(significant contribution to nonattainment) and prong 2 (interference
with maintenance). Section 110(a)(2)(D)(i)(II) requires SIPs to contain
adequate provisions to prohibit emissions that will interfere with
measures required to be included in the applicable implementation plan
for any other state under part C to prevent significant deterioration
of air quality (prong 3) or to protect visibility (prong 4). This
proposed action addresses only prongs 1 and 2 of section
110(a)(2)(D)(i). The other portions of section 110(a)(2)(D),
specifically 110(a)(2)(D)(i)(II) and 110(a)(2)(D)(ii), were addressed
in EPA's approval of West Virginia's February 17, 2012 SIP
submission.\16\
---------------------------------------------------------------------------

    \16\ EPA approved West Virginia's February 17, 2012
infrastructure SIP submittal on April 7, 2014 (79 FR 19001), which
did not include a submission for the 2008 ozone good neighbor SIP.
---------------------------------------------------------------------------

II. Summary of West Virginia's SIP Revisions

    Because EPA had not at that time determined that the CSAPR Update
constituted a full remedy, on March 27, 2018, West Virginia submitted a
SIP revision to address its remaining interstate transport obligations
for the 2008 8-hour ozone NAAQS. The submittal was intended to show
that the emission reductions required by the CSAPR Update, along with
other existing measures, are adequate to prohibit emissions in West
Virginia from significantly contributing to nonattainment, or
interfering with the maintenance, of downwind states with respect to
the 2008 ozone NAAQS. In the submittal, West Virginia stated its intent
to adopt the requirements of 40 CFR 97, subpart EEEEE. The submittal
letter requested that EPA conditionally approve the submittal, with the
condition that West Virginia adopt the requirements of the CSAPR
NOX Ozone Season Group 2 Trading Program under subpart EEEEE
(West Virginia rule 45 CSR 43) and submit the rule to EPA for approval.
    West Virginia's June 5, 2019 submittal is comprised of West
Virginia regulation 45 CSR 43, entitled Cross-State Air Pollution to
Control Annual Nitrogen Oxides Emissions, Annual Sulfur Dioxide
Emissions, and Ozone Season Nitrogen Oxides Emissions, which is
intended to replace the CSAPR FIP for the corresponding Federal trading
programs. The regulation generally incorporates by reference the
requirements of 40 CFR 97, subparts AAAAA, CCCCC, and EEEEE, with
exception of the provisions that are applicable to Indian Country and
the provisions for allowance allocations (for which 45 CSR 43
established new provisions substantively identical to the analogous
provisions of 40 CFR 97 applicable to West Virginia, with budgets
starting in 2019).\17\ Specifically, section 45-43-3 incorporates by
reference most of the provisions of the three Federal trading programs,
while sections 45-43-4, 45-43-5, and 45-43-6 adopt the amounts of the
emissions budgets, new unit set-asides, and variability limits that
apply to West Virginia units for, respectively, the CSAPR
NOX Annual Trading Program, the CSAPR NOX Ozone
Season Group 2 Trading Program, and the CSAPR SO2 Group 1
Trading Program. In its June 5, 2019 submittal, WVDEP also requested
that EPA grant full rather than conditional approval of its March 27,
2018 transport SIP submittal because the reason for previously
requesting only conditional approval of the transport SIP submittal no
longer applied.
---------------------------------------------------------------------------

    \17\ Although West Virginia rule 45 CSR 43 establishes 2019 as
the beginning year for EGU budgets, new unit set-asides, and
variability limits under the State's rule, allocations have already
been recorded under the CSAPR FIPs for the control periods through
2022 for the CSAPR NOX Ozone Season Group 2 trading
program and through 2023 for the CSAPR NOX Annual and
CSAPR SO2 Group 1 trading programs. Allocations under the
West Virginia CSAPR SIP (which are identical to the allocations
under the FIPs) will therefore start with the 2023 and 2024 control
periods.
---------------------------------------------------------------------------

III. EPA Analysis

    West Virginia's June 5, 2019 submittal is a full CSAPR SIP
submission that is intended to replace the Federal CSAPR trading
programs with state trading programs integrated with the Federal
trading programs and does not seek to alter either allowance
allocations or applicability. Under 40 CFR 52.38 and 52.39, a full
CSAPR SIP revision of this nature must meet the following criteria:
     Complete, substantively identical trading program
provisions. The SIP revision must adopt complete state trading program
regulations substantively identical to the complete Federal trading
program regulations at 40 CFR 97.402 through 97.435, 97.502 through
97.535, 97.602 through 97.635, 97.702 through 97.735, or 97.802 through
97.835, as applicable.
     Only non-substantive substitutions for the term ``State.''
The SIP revision may substitute the name of the state for the term
``State'' as used in the Federal trading program regulations, but only
to the extent that EPA determines that the substitutions do not
substantively change the trading program regulations.
     Exclusion of provisions addressing units in Indian
country. The SIP

revision may not impose requirements on any unit in any Indian country
within the state's borders and must not include the Federal trading
program provisions governing allocation of allowances from any Indian
country new unit set-aside for the state.
    Under the West Virginia CSAPR SIP, the subject EGUs in the State
would participate in state trading programs that are integrated with
and identical to the Federal trading programs with respect to the
applicability provisions, allocation methodology, NOX ozone
season budget, and other provisions that apply to units in West
Virginia under the Federal trading programs. As noted above, the West
Virginia CSAPR SIP submittal generally incorporates by reference the
corresponding Federal trading programs under the CSAPR FIP, and is
therefore substantively identical to the CSAPR FIP West Virginia seeks
to replace. The SIP submittal replaces the provisions in 40 CFR 97.404,
97.604, and 97.804 that generically refer to a ``State'' and to
``Indian Country'' within a state to refer instead only to West
Virginia. The SIP submittal also adopts only the emissions budget, new
unit set-aside, and variability limit amounts that apply to West
Virginia and omits the analogous amounts that apply to other states.
These changes are appropriate for the State's trading program
regulations, which will apply only to units subject to West Virginia's
jurisdiction. The SIP submittal does not otherwise substitute for the
term ``State'' and makes no other changes to the Federal trading
program regulations besides the required exclusion of provisions that
would impose requirements on units in Indian country or that would
govern allocation of allowances from Indian country new unit set-
asides. Because the West Virginia CSAPR SIP maintains the applicable
requirements of subparts AAAAA, CCCCC, and EEEEE, is substantively
identical to the Federal trading programs under CSAPR as applied to
units in West Virginia, makes no substantive substitutions for the term
``State'', and excludes provisions addressing units in Indian County,
the SIP revision meets the approvability conditions in 40 CFR 52.38 and
52.39 for a CSAPR SIP revision.
    As discussed earlier, EPA has determined that participation of West
Virginia's EGUs in the CSAPR Update trading program under 40 CFR 97,
subpart EEEEE, fully addresses the State's good neighbor obligation
with respect to the 2008 ozone NAAQS. The June 5, 2019 submittal of
West Virginia regulation 45 CSR 43 that includes West Virginia's CSAPR
ozone season NOX trading program meets the commitment by
West Virginia in its March 27, 2018 SIP submittal for 2008 ozone
transport to address this Good Neighbor obligation through SIP
provisions rather than FIP provisions. With West Virginia's adoption
and submittal of a CSAPR ozone season NOX trading program
that is substantively identical to the Federal ozone season
NOX trading program under 40 CFR part 97, subpart EEEEE,
with the exceptions previously noted, and which is approvable as
discussed in the previous paragraph, West Virginia's March 27, 2018
transport SIP submittal, as supplemented by West Virginia's June 5,
2019 CSAPR SIP submittal, is approvable.

Proposed Action

    For the reasons discussed in this document, EPA is proposing to
approve West Virginia's CSAPR SIP submittal, Regulation 45 CSR 43, of
June 5, 2019. This state rule establishes West Virginia CSAPR state
trading programs for annual NOX, ozone season
NOX, and annual SO2 emissions for units in the
state. The West Virginia CSAPR state trading programs would be
integrated with the Federal CSAPR NOX Annual Trading
Program, the Federal CSAPR NOX Ozone Season Group 2 Trading
Program, and the Federal CSAPR SO2 Group 1 Trading Program,
respectively, and would be substantively identical to the Federal
trading programs.
    EPA is also proposing to approve the West Virginia 2008 transport
SIP submittal of March 27, 2018, as supplemented with the portion of
the June 5, 2019 submittal relating to subpart EEEEE (the CSAPR
NOX Ozone Season Group 2 Trading Program). Although WVDEP
originally requested conditional approval of its March 27, 2018
submittal demonstrating compliance with its transport obligations under
section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS, the State has now
met its commitment to submit its CSAPR SIP ozone season NOX
trading program through the June 5, 2019 submittal. EPA is soliciting
public comments on the issues discussed in this document.\18\ These
comments will be considered before taking final action. We propose to
find that, if approval of West Virginia's CSAPR SIP is finalized, the
State will have addressed its section 110(a)(2)(D)(i)(I) obligations
with respect to the 1997 and 2006 PM2.5 and 2008 ozone
NAAQS, consistent with the determinations made in the various CSAPR
rulemakings.
---------------------------------------------------------------------------

    \18\ EPA is not reopening for public comment any of the analysis
or conclusions finalized in any of the CSAPR rulemakings. Rather,
this action simply evaluates and seeks comment on whether the SIP
submissions from West Virginia are consistent with the regulations
issued and determinations made in those prior actions.
---------------------------------------------------------------------------

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference West Virginia regulation 45 CSR 43. EPA has made, and will
continue to make, these materials generally available through https://www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely y approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or

safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this action proposing to approve West Virginia's CSAPR
SIP submittal and West Virginia's transport submittal for the 2008 8-
hour ozone NAAQS, does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the state, and
EPA notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.

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

    Dated: August 6, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-17668 Filed 8-15-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Page 72939]
[FR Doc No: 2021-27788]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2305-128]

Sabine River Authority--LA & TX; Notice of Application Accepted
for Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Non-capacity amendment of license for project
boundary administration.
    b. Project No: 2305-128.
    c. Date Filed: September 7, 2021.
    d. Applicant: Sabine River Authority--LA & TX.
    e. Name of Project: Toledo Bend Hydroelectric Project.
    f. Location: The Sabine River on the Texas-Louisiana border in
Panola, Shelby, Sabine, and Newton counties in Texas and DeSoto,
Sabine, and Vernon parishes in Louisiana.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Jim Brown,<PHONE_NUMBER>, [email protected].
    i. FERC Contact: Mark Carter,<PHONE_NUMBER>, [email protected].
    j. Deadline for Filing Comments, Motions To Intervene, and
Protests: January 14, 2022.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include docket number P-2305-128. Comments emailed to Commission staff
are not considered part of the Commission record.
    k. Description of Request: Sabine River Authority--LA & TX proposes
a new article (i.e., Article 417--Project Administration) to be
included in the project license. The project boundary is based mostly
on metes and bounds surveys over 1,130 miles around the reservoir that
were meant to provide a 50-foot buffer from the water's edge. At the
time of initial surveying (i.e., the 1960s), surveyors were allowed
variances of up to 75 feet to the landward side of the project
boundary, which resulted in the licensee acquiring, in many instances,
more property than is needed for project purposes. The article would
allow the licensee to adjust the project boundary under certain
circumstances without prior Commission approval to ensure that the
project boundary includes only those lands needed for project purposes.
Specifically, the licensee would be able to make adjustments for lands
that meet all three of these conditions: (1) Located entirely above the
elevation 175 feet mean sea level contour; (2) located at least 50 feet
from the reservoir shoreline; and (3) not otherwise needed for project
purposes (i.e., project works, recreation, aquatic and terrestrial
resource protection, shoreline control, or cultural resource
protection). The licensee would file biennial reports describing its
activities under the article, including revised Exhibit G (project
boundary) drawings, if necessary.
    l. Locations of the Application: In addition to publishing the full
text of this document in the Federal Register, the Commission provides
all interested persons an opportunity to view and/or print the contents
of this document via the internet through the Commission's Home Page
(http://www.ferc.gov) using the ``elibrary'' link. Enter the docket
number excluding the last three digits in the document field to access
the document. At this time, the Commission has suspended access to the
Commission's Public Reference Room, due to the proclamation declaring a
National Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact FERC
at [email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659. Agencies may obtain copies of the application directly
from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions To Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: December 15, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-27788 Filed 12-22-21; 8:45 am]
BILLING CODE 6717-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on August 22, 2003

NOTICE OF ACTION TAKEN – DOCKET OST 2003-15861

 _______________________________________________________________________
____________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  AEROTRANSPORTE de CARGA UNION, S.A. de C.V.
            Date Filed: August 5, 2003

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to conduct scheduled, all-cargo services between:  1)
Guadalajara, Mexico, and Miami, Florida; 2) Mexico City, Mexico, and
Chicago, Illinois; 3) Guadalajara, Mexico, and Chicago, Illinois; and 4)
Mexico City, Mexico, and Los Angeles, California.  The applicant also
requests an exemption to serve two Mexico-Huntsville, Alabama, markets;
however, by letter to Department staff, dated August 13, 2003, has
requested deferral (see below) on that part of its request.

If renewal, date and citation of last action(s):  New authority.

Applicant representative:  Pierre Murphy,<PHONE_NUMBER>        DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved in part; remainder deferred (see below).
                      Action date:  August 22, 2003

Effective dates of authority granted:  August 22, 2003, through August
22, 2004.

Basis for approval (bilateral agreement/reciprocity):  United
States-Mexico Air Transport Services Agreement.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:  Standard exemption
conditions.

Special conditions/Remarks:  On August 22, 2003, in addition to grant of
the exemption to conduct the services between Mexico and the U.S. points
Miami, Chicago and Los Angeles (listed above), we also, per the
applicant’s request, deferred action on the remainder of its request;
that is, to conduct scheduled all-cargo services between Mexico City and
Huntsville and between Guadalajara and Huntsville.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp