[Federal Register: June 12, 2007 (Volume 72, Number 112)]
[Notices]
[Page 32384-32386]
[DOCID:fr12jn07-83]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55854; File No. SR-NASDAQ-2006-045]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto To
Allow the Use of a Company's Web Site To Distribute an Annual Report
and Meet Other Nasdaq Listing Requirements

June 4, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 31, 2006, The NASDAQ Stock Market LLC (``Nasdaq'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been substantially prepared by Nasdaq. On April 25, 2007,
Nasdaq submitted Amendment No. 1, which replaced the text of the
original filing in its entirety. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Nasdaq proposes changes to Rule 4350 to facilitate the use of
technology to satisfy Nasdaq listing requirements and to make certain
clarifying and technical corrections. Nasdaq will implement the
proposed rule immediately upon approval.
    The text of the proposed rule change is below. Proposed new
language is in italic; proposed deletions are in brackets.\3\
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    \3\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at http://www.complinet.com/nasdaq
.

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* * * * *
4350. Qualitative Listing Requirements for Nasdaq Issuers Except for
Limited Partnerships
(a) Applicability
    (1) Foreign Private Issuers. A foreign private issuer may follow
its home country practice in lieu of the requirements of Rule 4350,
provided, however, that such an issuer shall: Comply with Rules
4350(b)(1)(B), 4350(j) and 4350(m), have an audit committee that
satisfies Rule 4350(d)(3), and ensure that such audit committee's
members meet the independence requirement in Rule 4350(d)(2)(A)(ii). A
foreign private issuer that follows a home country practice in lieu of
one or more provisions of Rule 4350 shall disclose in its annual
reports filed with the Commission or on its Web site each requirement
of Rule 4350 that it does not follow and describe the home country
practice followed by the issuer in lieu of such requirements. In
addition, a foreign private issuer making its initial public offering
or first U.S. listing on Nasdaq shall make the same disclosures in its
registration statement or on its Web site.
    (2)-(5) No change.
(b) Distribution of Annual and Interim Reports
    (1)(A) Each issuer with common stock or voting preferred stock (or
their equivalents) listed on Nasdaq shall [distribute] make available
to shareholders of such securities [copies of] an annual report
containing audited financial statements of the company and its
subsidiaries, which may be on Form 10-K, 20-F, 40-F or N-CSR. [The
report shall be distributed to shareholders a reasonable period of time
prior to the company's annual meeting of shareholders and shall be
filed with Nasdaq at the time it is distributed to shareholders.] An
issuer may comply with this requirement either: (i) By mailing the
report to shareholders, or (ii) by posting the annual report to
shareholders on or through the company's Web site (or, in the case of
an issuer that is an investment company that does not maintain its own
Web site, on a Web site that the issuer is allowed to use to satisfy
the Web site posting requirement in Exchange Act Rule 16a-3(k)), along
with a prominent undertaking in the English language to provide
shareholders, upon request, a hard copy of the company's annual report
free of charge. An issuer that chooses to satisfy this requirement via
a Web site posting must, simultaneous with this posting, issue a press
release stating that its annual report has been filed with the
Commission (or other

appropriate regulatory authority). This press release must also state
that the annual report is available on the company's Web site and
include the Web site address and that shareholders may receive a hard
copy free of charge upon request. An issuer must provide such hard
copies within a reasonable period of time following the request.
    (B) An issuer that receives an audit opinion that [contains a going
concern qualification] expresses doubt about the ability of the company
to continue as a going concern for a reasonable period of time must
make a public announcement through the news media disclosing the
receipt of such [qualification] opinion. Prior to the release of the
public announcement, the issuer must provide the text of the public
announcement to the StockWatch section of Nasdaq's MarketWatch
Department (``Nasdaq StockWatch''). The public announcement shall be
provided to Nasdaq StockWatch and released to the media not later than
seven calendar days following the filing of such audit opinion in a
public filing with the Securities and Exchange Commission.
    (2)-(4) No change.
    (c)-(n) No change.
* * * * *
IM 4350-6. Applicability
    1. Foreign Private Issuer Exception and Disclosure. A foreign
private issuer (as defined in Rule 3b-4 under the Act) listed on Nasdaq
may follow the practice in such issuer's home country (as defined in
General Instruction F of Form 20-F) in lieu of some of the provisions
of Rule 4350, subject to several important exceptions. First, such an
issuer shall comply with Rule 4350(b)(1)(B) (Disclosure of Going
Concern Opinion), Rule 4350(j) (Listing Agreement) and Rule 4350(m)
(Notification of Material Noncompliance). Second, such an issuer shall
have an audit committee that satisfies Rule 4350(d)(3). Third, members
of such audit committee shall meet the criteria for independence
referenced in Rule 4350(d)(2)(A)(ii) (the criteria set forth in Rule
10A-3(b)(1), subject to the exemptions provided in Rule 10A-3(c) under
the Act). Finally, a foreign private issuer that elects to follow home
country practice in lieu of a requirement of Rule 4350 shall submit to
Nasdaq a written statement from an independent counsel in such issuer's
home country certifying that the issuer's practices are not prohibited
by the home country's laws. In the case of new listings, this
certification is required at the time of listing. For existing issuers,
the certification is required at the time the company seeks to adopt
its first non-compliant practice. In the interest of transparency, the
rule requires a foreign private issuer to make appropriate disclosures
in the issuer's annual filings with the Commission (typically Form 20-F
or 40-F), and at the time of the issuer's original listing in the
United States, if that listing is on Nasdaq, in its registration
statement (typically Form F-1, 20-F, or 40-F); alternatively, the
issuer may provide these disclosures in English on its Web site. The
issuer shall disclose each requirement of Rule 4350 that it does not
follow and include a brief statement of the home country practice the
issuer follows in lieu of these corporate governance requirement(s). If
the disclosure is only available on the Web site, the annual report and
registration statement should so state and provide the Web address at
which the information may be obtained.
    (2)-(4) No change.
* * * * *

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Nasdaq proposes to make changes to its rules to facilitate the use
of technology to satisfy Nasdaq listing requirements and to make
certain clarifying and technical corrections.

Annual Reports

    Pursuant to Nasdaq Rule 4350(b)(1)(A), each Nasdaq issuer is
currently required to distribute to shareholders a copy of an annual
report containing audited financial statements.\4\ Nasdaq proposes to
modify its rules to permit a company to distribute its annual report by
posting it on a Web site and issuing a press release stating that the
annual report has been filed with the Commission (or other appropriate
regulatory authority), that such annual report is available on the
company's publicly available Web site, and that shareholders can
receive a hard-copy free of charge upon request.\5\ Nasdaq believes
that allowing companies to rely on the Internet to satisfy the
requirement to provide shareholders with an annual report containing
audited financial statements will allow companies to provide investors
with information in a more timely, efficient and cost effective manner.
At present, this proposal would only be meaningful to foreign private
issuers because they are exempt from the Commission's proxy
solicitation rules under Rule 3a12-3(b) of the Act.\6\ However, the
Commission recently approved rules that will permit issuers to rely on
the Internet to deliver proxy materials, effective July 1, 2007,\7\ and
is considering further expanding those rules to require the use of the
Internet to deliver proxy materials.\8\
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    \4\ A foreign private issuer can follow its home country
practice regarding distribution of annual reports instead of
Nasdaq's rule, if it follows the procedures set forth in Rule
4350(a) regarding disclosure of this non-conforming practice.
    \5\ This proposal is similar to a recent change by the New York
Stock Exchange LLC to Section 203.01 of its Listed Company Manual.
See Securities Exchange Act Release No. 54344 (August 21, 2006), 71
FR 51260 (August 29, 2006) (approving SR-NYSE-2005-68).
    \6\ 17 CFR 240.3a12-3(b).
    \7\ See Securities Exchange Act Release No. 55146 (January 22,
2007), 72 FR 4148 (January 29, 2007).
    \8\ See Securities Exchange Act Release No. 55147 (January 22,
2007), 72 FR 4176 (January 29, 2007).
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    Nasdaq also proposes to specify that the annual report requirement
is applicable only to issuers of common stock and voting preferred
stock (and their equivalents) \9\ and that the annual report
requirement can be satisfied by providing the company's annual filing
with the Commission, such as on Form 10-K, 20-F, 40-F, or N-CSR.
Further, Nasdaq proposes to remove a provision related to the timing
for delivery of the annual report, because the Commission's proxy rules
already require that such information be provided before the annual
meeting.\10\
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    \9\ Common stock equivalents include, but are not limited to:
Ordinary shares, shares or certificates of beneficial interest of
Trust, American depositary receipts and American depositary shares.
    \10\ Pursuant to Rule 14a-3(b), 17 CFR 240.14a-3(b), the proxy
statement for a company's annual meeting must be accompanied or
preceded by an annual report. State law requirements also govern the
timing that notice of the meeting must be provided. See, e.g.,
Section 222(b) of the Delaware General Corporation Law, which
requires notice of a meeting not less than 10 nor more than 60 days
prior to the meeting.
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    In addition, Nasdaq proposes to make a technical correction to Rule
4350(b)(1)(B), relating to the disclosure required when the audit
opinion of a company's annual financial statements contains a ``going
concern

qualification.'' \11\ The proposed change removes the term ``going
concern qualification,'' which is undefined in the accounting
literature, and replaces it with language from Statement on Auditing
Standard Number 59, which relates to the auditor's consideration of an
entity's ability to continue as a going concern. Nasdaq believes that
this clarification will remove confusion as to when the rule applies.
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    \11\ Conversation between Arnold Golub, Associate General
Counsel, The Nasdaq Stock Market, Inc., Raymond Lombardo, Special
Counsel, Division of Market Regulation (``Division''), Commission,
and Molly Kim, Special Counsel, Division, Commission, on April 26,
2007.
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Disclosure of Non-Conforming Governance Practices

    Nasdaq requires that foreign private issuers disclose all non-
conforming governance practices in their Form F-1, 20-F, or 40-F.\12\
Nasdaq proposes to expand the existing Nasdaq rule to allow this
disclosure to be made either in the Form F-1, 20-F, or 40-F, as
applicable, or, in the alternative, the foreign private issuer may
provide these disclosures in English on its Web site. If, however, the
disclosure is only available on the foreign private issuer's Web site,
the proposal requires that the issuer's annual report and registration
statement should state this fact and provide the Web address at which
the information may be obtained.\13\
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    \12\ Nasdaq Rule 4350(a)(1) and IM-4350-6.
    \13\ Conversation between Arnold Golub, Associate General
Counsel, The Nasdaq Stock Market, Inc., Raymond Lombardo, Special
Counsel, Division, Commission, and Molly Kim, Special Counsel,
Division, Commission, on May 31, 2007.
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2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\14\ in general, and with
Section 6(b)(5) of the Act,\15\ in particular. The proposed rule change
would allow additional methods of disclosure for Nasdaq-listed
companies, thereby reducing costs for those companies, and allowing
them to rely on technology to provide information to investors in a
timelier manner. As such, the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system,
and, in general, to protect investors and the public interest.
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    \14\ 15 U.S.C. 78f.
    \15\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    A. By order approve such proposed rule change, or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, is consistent with the Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASDAQ-2006-045 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2006-045. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of Nasdaq. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly.
    All submissions should refer to File Number SR-NASDAQ-2006-045 and
should be submitted on or before July 3, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-11267 Filed 6-11-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Proposed Rules]
[Pages 23848-23854]
[FR Doc No: 2018-11002]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 8 and 141

[Docket No. RM18-14-000]

Elimination of Form 80 and Revision of Regulations on
Recreational Opportunities and Development at Licensed Hydropower
Projects

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
proposing to amend regulations to eliminate the Licensed Hydropower
Development Recreation Report, designated as FERC Form No. 80 (Form
80). Form 80 solicits information on the use and development of
recreation facilities at hydropower projects licensed by the Commission
under the Federal Power Act. In addition, the Commission proposes to
further revise its regulations related to recreational use and
development at licensed projects in order to modernize public notice
practices, clarify recreational signage requirements, and provide
flexibility to assist licensees' compliance efforts.

DATES: Comments are due July 23, 2018.

ADDRESSES: Comments, identified by docket number, may be filed in the
following ways:
     Electronic Filing through http://www.ferc.gov. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format.
     Mail/Hand Delivery: Those unable to file electronically
may mail or hand-deliver comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures section of this document.

FOR FURTHER INFORMATION CONTACT: Jon Cofrancesco (Technical
Information), Office of Energy Projects, Federal Energy Regulatory
Commission, 888 First Street NE, Washington, DC 20426,<PHONE_NUMBER>,
[email protected]. Tara DiJohn (Legal Information), Office of
the General Counsel, Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

                                                         Paragraph No.

I. Background........................................                  2
II. Proposed Rule....................................                  4
    A. Removal of Section 8.11--Information                            4
     Respecting Use and Development of Public
     Recreational Opportunities......................
        1. Background................................                  4
        2. Proposed Elimination of Form 80...........                  5
        3. Implications for Existing Licenses........                  9
        4. Removal of Section 141.14--Form No. 80,                    13
         Licensed Hydropower Development Recreation
         Report......................................
    B. Amendments of 18 CFR 8.1, and 8.2.............                 14
        1. Section 8.1--Publication of License                        15
         Conditions Relating to Recreation...........
        2. Section 8.2--Posting of Project Lands as                   17
         to Recreation Use and Availability of
         Information.................................
III. Regulatory Requirements.........................                 20
    A. Information Collection Statement..............                 20
    B. Environmental Analysis........................                 36
    C. Regulatory Flexibility Act....................                 37
    D. Comment Procedures............................                 42
    E. Document Availability.........................                 46

    1. The Federal Energy Regulatory Commission (Commission) proposes
to remove section 8.11 of its regulations, eliminating the requirement
for licensees to file a Licensed Hydropower Development Recreation
Report, designated as FERC Form No. 80 (Form 80). Form 80 solicits
information on the use and development of recreation facilities at
hydropower projects licensed by the Commission under the Federal Power
Act (FPA). In addition, the Commission proposes to revise sections 8.1
and 8.2 of its regulations to modernize public notice practices,
clarify recreational signage requirements, and provide flexibility to
assist licensees' compliance efforts.

I. Background

    2. Section 10(a)(1) of the FPA requires the Commission to ensure
that any licensed project is best adapted to a comprehensive plan for
improving and developing a waterway for a variety of beneficial public
uses, including recreational use.\1\ Although section 10(a) of the
Federal Water Power Act of June 10, 1920 \2\ did not refer specifically
to recreation, in 1935 when the Federal Water Power Act was re-enacted
as Part I of the Federal Power Act,\3\ the words `including
recreational purposes' were added to section 10(a) to make clear that
recreation considerations were to be

included in comprehensive development of the nation's water resources.
Pursuant to this obligation, the Commission required licensees to allow
public access to project lands and waters for recreational use and
began to include standard conditions in licenses for the provision of
such recreational facilities. In the 1960s, the Commission developed
specific policies and practices to ensure that licensees provided
reasonable recreational opportunities and notice of such opportunities
to the public. In 1963, the Commission began requiring recreational use
plans for the full public utilization of project waters and lands for
recreation,\4\ and in 1965 amended its regulations by adding Part 8,
entitled ``Recreation Opportunities and Development at Licensed
Projects,'' in order to require licensees to widely publicize to the
general public recreational opportunities at individual projects.\5\
Order 313, issued on December 27, 1965, amended the Commission's
general policy regulations (18 CFR part 2) by adding section 2.7 to
clarify that licensees whose projects include land and water resources
with outdoor recreational potential have a responsibility for the
development of those resources in accordance with area needs, to the
extent that such development is not inconsistent with the primary
purpose of the project.\6\ In 1966, the Commission further amended Part
8 of its regulations to require licensees to file Form 80, a report
that provides an inventory of the use and development of recreational
facilities at each development contained within a licensed project.\7\
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    \1\ See 16 U.S.C. 803(a)(1) (2012).
    \2\ 41 Stat. 1063.
    \3\ 49 Stat. 838, 16 U.S.C. 791a-825r.
    \4\ Exhibit R, 18 CFR 4.41, Order 260-A, on April 18, 1963, 29
FPC 777.
    \5\ Publicizing License Conditions Relating to Recreational
Opportunities at Hydroelectric Projects, Order No. 299, 33 F.P.C.
1131 (1965) (Order 299). Section 1 of Part 8 requires licensees to
publicize license conditions related to recreation; section 2
requires licensees to post, at points of public access, signs
providing recreation use information and requires licensees to make
such information available for inspection; and section 3 requires
licensees to permit use without discrimination. 18 CFR 8.1-8.3.
    \6\ Recreational Development at Licensed Projects, Order No.
313, 34 F.P.C. 1546, 1548 (1965) (Order 313).
    \7\ Inventory of Recreation Facilities at Licensed Hydroelectric
Projects, Order No. 330, 36 F.P.C. 1030 (1966) (Order 330). Section
8.11 requires the filing of information on the use and development
of public recreation opportunities. 18 CFR 8.11 (2017).
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    3. Over the years, the Commission has continued to revise its
regulations to reflect the Commission's current public recreation
policies and practices. Once again, in this Notice of Proposed
Rulemaking the Commission proposes to modify certain recreation-related
regulations in order to eliminate unnecessary reporting requirements,
modernize public notice practices, clarify recreational signage
requirements, and provide flexibility to assist licensees' compliance
efforts. The regulations proposed for modification are discussed below.

II. Proposed Rule

A. Removal of Section 8.11--Information Respecting Use and Development
of Public Recreational Opportunities

1. Background
    4. Section 8.11 requires licensees to file Form 80, a report on the
use and development of recreational facilities at each development
contained within a licensed project, on April 1 of every sixth year,
documenting data compiled during the previous calendar year.\8\ For
each project development,\9\ the Form 80 requires licensees to report
the number of visits (i.e., recreation days),\10\ the use capacity of
each type of public recreation facility, and the total annual cost to
develop, operate, and maintain the public recreation facilities. In
order to complete the Form 80, licensees must collect data on
recreation use, facilities, and capacity for a 12-month period.
Licensees may request an exemption from the Form 80 requirement if they
demonstrate that a project development has little or no existing or
potential recreational use (i.e., less than 100 recreation days per
year).\11\
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    \8\ Modification of Hydropower Procedural Regulations, Including
the Deletion of Certain Outdated or Non-Essential Regulations, Order
No. 540, FERC Stats. & Regs. ] 30,944 (1992). Order 330 originally
required licensees to file a Form 80 every two years. 36 F.P.C.
1030, 1031. However, the Commission subsequently amended section
8.11 to revise the form and reduce the filing frequency. See
Revision of Licensed Hydropower Development Recreation Report: FERC
Form No. 80, Order No. 179, FERC Stats. & Regs. ] 30,295 (1981)
(consolidating, simplifying, and reducing the size of the Form 80 by
approximately 60 percent); Deletion of a 1987 Filing Requirement for
FERC Form No. 80, Order No. 419, FERC Stats. & Regs. ] 60,640 (1985)
(committing to re-evaluate the need for Form 80, and take further
action if Form 80 is found unnecessary or in need of modification).
    \9\ Most licensed projects have only one project development.
However, licensees of projects with more than one development must
file a separate Form 80 report for each development.
    \10\ The Form 80 defines a recreation day as each visit by a
person to a development for recreational purposes during any portion
of a 24-hour period.
    \11\ 18 CFR 8.11(c) (2017).
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2. Proposed Elimination of Form 80
    5. In 1965, when use of the Form 80 was first adopted, most
licensed projects did not have individual recreation plans or specific
recreation development requirements set out in the license. However,
today many licensed projects with significant recreation opportunities
have project-specific license conditions that require licensees to
prepare and implement a recreation plan, conduct recreation monitoring,
and/or file periodic updates to an approved recreation plan.\12\ Such
project-specific license requirements are tailored to the recreation
opportunities provided by the individual project, allowing licensees
and Commission staff to better evaluate and address public recreation
needs over time. Consequently, the information contained in the Form 80
may be duplicative and of limited use to Commission staff when compared
to the more detailed and descriptive recreation information submitted
to the Commission in response to project-specific recreation
requirements.
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    \12\ In addition, between fiscal years 2016 and 2030, over 500
projects will begin the relicensing process. During relicensing, the
Commission's Division of Hydropower Licensing will evaluate the need
for, and may require, project-specific recreation monitoring in new
licenses on a case-by-case basis.
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    6. Licensees for projects with limited recreation opportunities are
also required to file Form 80 reports every six years, unless exempted
from this requirement. Although these projects may not have approved
recreation plans or recreation-related monitoring requirements given
the limited recreation opportunities at such projects, the periodic
submission of Form 80 reports does not provide an effective means to
determine whether these projects are meeting public recreation needs.
Commission staff utilizes other tools to evaluate recreation
development and use at the licensed projects with minimal recreation
opportunities, such as periodic project inspections and investigation
of non-compliance allegations (e.g., any recreation-related inquiries
or complaints submitted by resource agencies, recreation users, or
local residents).
    7. Moreover, Commission staff reports limited use of Form 80 data
and cites concerns about the data's validity and lack of specificity.
Commission staff generally views the Form 80 as a secondary source,
using the reported data to confirm existing recreation data or to
identify additional information to be requested from the licensee.
Similarly, Commission staff experience indicates that resource agencies
and outside entities often view Form 80 data as unreliable or
insufficient to accurately document recreation use and facility
capacity. Finally, advances in technology since the advent of the Form
80 (e.g., websites, Google Earth, and the Commission's eLibrary system)
allow

interested parties and the general public to more effectively obtain
information about a project's recreational opportunities and any
recreation-related license requirements.
    8. For these reasons, the Commission proposes to remove section
8.11 from its regulations, eliminating the requirement for licensees to
file the Form 80. This proposed change would result in reduced burden
for licensees and Commission staff alike. If eliminated, licensees
would no longer be required to collect and validate Form 80 data and
Commission staff resources would not be allocated to performing Form
80-related responsibilities (e.g., responding to licensee inquiries;
performing database maintenance; addressing non-compliance matters
related to overdue, incomplete, or inaccurate Form 80 filings; and
acting on exemption requests).
3. Implications for Existing Licenses
    9. With the removal of section 8.11, existing licensees would no
longer be required to collect, validate, and submit recreational data
through Form 80. Nonetheless, the Commission will expect licensees to
monitor the recreational resources provided by their projects in order
to fulfill any project-specific license requirements and the general
obligations set forth in section 2.7 of the Commission's regulations.
Among other things, section 2.7 requires licensees to develop suitable
recreation facilities, provide adequate public access, and determine
public recreation needs.\13\ Implicit in these obligations is the
expectation that a licensee will ensure that recreation development is
operated and maintained in a manner that is safe for public use,
responsive to public recreation needs, and consistent with project
purposes throughout the license term.
---------------------------------------------------------------------------

    \13\ 18 CFR 2.7(a)-(c) (2017).
---------------------------------------------------------------------------

    10. The Commission expects that licensees will continue to monitor
project recreation resources in a manner appropriate for the type,
size, and quantity of public recreation opportunities provided by the
project. Projects with moderate to significant public recreation
opportunities typically require a greater level of monitoring and
oversight than projects that have little to no recreation
opportunities. Generally, licensees of projects with significant
recreational resources must comply with one, or several, project-
specific license articles requiring the licensee to: Develop certain
recreation facilities, prepare and implement a recreation management
plan, submit recreation reports, or conduct recreational use
monitoring. A licensee's continued compliance with such project-
specific conditions would satisfy this general monitoring
obligation.\14\
---------------------------------------------------------------------------

    \14\ If necessary, the Commission may require additional
recreation development or measures (e.g., recreation use monitoring)
during the license term. Licenses for major projects (i.e., projects
with an installed capacity that exceeds 1.5 megawatts) include a
standard condition (Article 17) that reserves authority for the
Commission to require a licensee to undertake additional recreation
development or measures during the license term based on its own
determination or in response to a request from Federal or State fish
and wildlife agencies, after opportunity for notice and hearing.
---------------------------------------------------------------------------

    11. Licensed projects with little to no recreation, including
projects that were previously exempted from the Form 80 reporting
requirement pursuant to section 8.11(c),\15\ are not expected to
implement any new or additional recreation monitoring efforts, but
should continue to comply with any project-specific license conditions
related to public recreation.
---------------------------------------------------------------------------

    \15\ 18 CFR 8.11(c) (2017).
---------------------------------------------------------------------------

    12. In the case where an existing license contains a condition, or
a recreation plan contains a provision, that ties a future filing or
other action to the Form 80 reporting schedule (i.e., April 1, 2021,
and every six years thereafter), licensees would still be required to
timely file any recreation-related plan, report, update, or other
specific information required by an existing license condition.\16\
Despite the proposed elimination of the Form 80 reporting requirement,
licensees would still be required to file the required recreation
submittal by April 1, 2021, and every six years thereafter, unless
otherwise specified in the license condition. A licensee may file an
application to amend any license condition or recreation plan that ties
the timing of future recreation filings to the Form 80 reporting
schedule. Such amendment applications would be considered by the
Commission on a case-by-case basis as a separate project-specific
proceeding.
---------------------------------------------------------------------------

    \16\ For example, certain license articles may require a
licensee to: (1) File a recreation use monitoring report in
conjunction with the Form 80 report; (2) file documentation showing
consultation on recreation use levels in conjunction with the Form
80 report; (3) conduct recreation use monitoring every six years in
conjunction with the Form 80 report; (4) file a report that assesses
whether a recreation plan update is needed every six years in
conjunction with the Form 80; and/or (5) file a report describing
whether public recreation needs are being met by the project every
six years in conjunction with the Form 80.
---------------------------------------------------------------------------

4. Removal of Section 141.14--Form No. 80, Licensed Hydropower
Development Recreation Report
    13. Added to the Commission's regulations alongside the Form 80
requirement in 1966,\17\ section 141.14 approved licensee use of Form
80 in the manner prescribed in section 8.11 of our regulations.\18\
Concurrently with the proposed removal of section 8.11, the Commission
proposes to remove section 141.14 of its regulations.
---------------------------------------------------------------------------

    \17\ Order 330, 36 F.P.C. 1030.
    \18\ 18 CFR 141.14 (2017).
---------------------------------------------------------------------------

B. Amendments of 18 CFR 8.1, and 8.2

    14. In addition to the elimination of section 8.11, the Commission
proposes to amend sections 8.1 and 8.2 of its regulations to modernize
public notice practices, clarify recreational signage requirements, and
provide flexibility to assist licensees' compliance efforts.
1. Section 8.1--Publication of License Conditions Relating to
Recreation
    15. Section 8.1 directs licensees to publicize information about
the availability of projects lands and waters for recreational
purposes, and any recreation-related license conditions.\19\ Section
8.1 requires licensees, at a minimum, to publish notice in a local
newspaper once each week for four weeks of any recreation-related
license conditions that the Commission may designate in an order
issuing or amending a license.\20\
---------------------------------------------------------------------------

    \19\ 18 CFR 8.1 (2017).
    \20\ See id.
---------------------------------------------------------------------------

    16. In addition to publishing notice in the local newspaper, the
Commission proposes to require licensees with project websites to also
post notice of recreation-related license conditions on its website.
This requirement would only apply to a licensee that already has an
existing project website, or decides to develop a project website in
the future. This proposed change will ensure that the public is
informed of recreational opportunities and recreation-related license
conditions regardless of whether members of the public rely on a
newspaper or the internet as their main source of news and information.
2. Section 8.2--Posting of Project Lands as to Recreation Use and
Availability of Information
    17. Section 8.2(a) requires the licensee to post at each public
access point a visible sign that identifies: The project name, project
owner, project number, directions to project areas available for public
recreation, permissible times and activities, and other regulations
regarding recreation use. Section 8.2(a) also requires licensees to
post visible notice that project recreation facilities are open to all
members of the public without discrimination. Section 8.2(b) directs
the licensee to make available for

inspection at its local offices the Commission-approved recreation plan
and the entire license order indexed for easy reference to the
recreation-related license conditions designated for publication in
accordance with section 8.1 of the Commission's regulations. As the
Commission explained in Order 299, the rationale behind the types of
public notice required by sections 8.1 and 8.2 is two-fold: (i) It puts
prospective purchasers of land in the project vicinity on notice of the
project's public access and recreation purposes; and (ii) it informs
the general public of the location and terms of use of the project's
recreation facilities.\21\
---------------------------------------------------------------------------

    \21\ Order 299, 33 F.P.C. 1131.
---------------------------------------------------------------------------

    18. The proposed amendments to section 8.2 clarify project signage
requirements and reflect modern public dissemination methods, such as
website publication. The Commission proposes to revise section 8.2(a)
to streamline the information licensees must include on recreation
signage at each public access point. The proposed revisions would
require signs to, at a minimum, identify: The project name and number,
and a statement that the project is licensed by the Commission; the
licensee name and contact information for obtaining additional project
recreation information; and permissible times and activities. This
proposed change reduces the information that must be included on
recreation signage, providing licensees greater flexibility to design
signs that effectively communicate the appropriate information needed
by public to use and enjoy the recreational opportunities afforded by a
particular project.
    19. In addition, the Commission proposes to revise section 8.2(b)
to require licensees with project websites to include on their websites
copies of any approved recreation plan, recreation-related reports
approved by the Commission, and the entire license instrument. As with
the proposed revision to section 8.1, this requirement would only apply
to a licensee that already has an existing project website, or decides
to develop a project website in the future. This proposed changed would
allow the public to obtain information about a project's recreation
requirements by accessing the licensee's website, if applicable, or by
visiting the licensee's local office in the project vicinity.

III. Regulatory Requirements

A. Information Collection Statement

    20. The Paperwork Reduction Act \22\ requires each federal agency
to seek and obtain the Office of Management and Budget's (OMB) approval
before undertaking a collection of information (including reporting,
record keeping, and public disclosure requirements) directed to ten or
more persons or contained in a rule of general applicability. OMB
regulations require approval of certain information collection
requirements contemplated by proposed rules (including deletion,
revision, or implementation of new requirements).\23\ Upon approval of
a collection of information, OMB will assign an OMB control number and
an expiration date. Respondents subject to the filing requirements of a
rule will not be penalized for failing to respond to the collection of
information unless the collection of information displays a valid OMB
control number.
---------------------------------------------------------------------------

    \22\ 44 U.S.C. 3501-3521 (2012).
    \23\ See 5 CFR 1320.11 (2017).
---------------------------------------------------------------------------

    21. Public Reporting Burden: In this NOPR, the Commission proposes
to delete the Form 80 and to update the recreation-related requirements
of FERC-500 and FERC-505.
    22. This proposed rule would eliminate an existing data collection,
FERC-80 (OMB Control No. 1902-0106), as well as modify certain
reporting and recordkeeping requirements included in FERC-500 (OMB
Control No 1902-0058) \24\ and FERC-505 (OMB Control No. 1902-
0115).\25\
---------------------------------------------------------------------------

    \24\ FERC-500 includes the reporting and recordkeeping
requirements for ``Application for License/Relicense for Projects
with Capacity Greater Than 5MW.''
    \25\ FERC-505 includes the reporting and recordkeeping
requirements for ``Small Hydropower Projects and Conduit Facilities
including License/Relicense, Exemption, and Qualifying Conduit
Facility Determination.''
---------------------------------------------------------------------------

    23. Under the most recent Form 80 reporting cycle,\26\ 346
licensees prepared and filed 843 Form 80 reports.\27\ Every three
years, the Commission is required to request from OMB an extension of
any currently approved information collection. Since the Form 80 is
only filed every six years, the most recent annual burden and cost
figures provided to OMB were based on an estimate of 400 respondents.
To determine the total number of responses per year for OMB submittal
purposes, we multiplied the number of respondents (400) by the annual
number of responses per respondent (0.167) to arrive at 67 responses
per year. The Commission estimated the current public reporting burden
to be an average of three hours per form, with an associated cost of
approximately $224 per form. Because the Form 80 is filed every six
years, the estimated annualized cost to complete each form is $37.44,
with a total annual cost for all licenses of approximately $14,974.50.
This estimate includes the time required to review instructions,
research existing data sources, and complete and review the collection
of information.
---------------------------------------------------------------------------

    \26\ Licensees were required to file Form 80 reports by April 1,
2015, containing recreational use and development data compiled
during the 2014 calendar year.
    \27\ For projects with more than one development, the licensee
is required to submit a Form 80 report for each development.
---------------------------------------------------------------------------

    24. This proposed rule, if adopted, would eliminate certain
information collection and recordkeeping requirements. The proposed
removal of the Form 80 report would eliminate the estimated annual
information collection burden (201 hours) and cost ($14,974.50)
associated with FERC-80 (OMB Control No. 1902-0106).\28\
---------------------------------------------------------------------------

    \28\ These figures are annual averages (for Paperwork Reduction
Act purposes) of the burden and cost for the six-year cycle for the
Form 80. The most recent OMB approval of the Form 80 was issued
December 8, 2016.
---------------------------------------------------------------------------

    25. In addition, the proposed revisions to sections 8.1 and 8.2,
associated with the FERC-500 and FERC-505 information collections,\29\
are intended to modernize public notice practices, clarify recreational
signage requirements, and provide flexibility to assist licensees'
compliance efforts. With regard to modernized public notice practices,
the proposed revisions would require licensees that have a project
website to (1) publish notice on its website of license conditions
related to recreation; and (2) maintain on its website copies of any
approved recreation plan, recreation-related reports, and the license
instrument. If a licensee does not have a project website, the website
publication requirements would not apply. Accordingly, there is a
slight increase in the reporting requirements and burden for FERC-500
and FERC-505.
---------------------------------------------------------------------------

    \29\ The Commission currently has 477 licenses for projects with
an installed capacity more than 5 MW (reporting requirements covered
by FERC-500) and 572 licenses for projects 5 MW or less (reporting
requirements covered by FERC-505).
---------------------------------------------------------------------------

    26. The estimated changes to the burden and cost of the information
collections affected by this NOPR follow.

                                           Annual Changes Proposed by the NOPR in Docket No. RM18-14-000 \30\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Number of
                                   Number of    responses        Total number of         Average burden    Total annual burden
                                  respondents      per              responses          hours and cost per    hours and total     Cost per respondent ($)
                                                respondent                                  response           annual cost
                                          (1)          (2)  (1) x (2) = (3).........  (4)................  (3) x (4) = 5......  (5)/(1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-80 (reduction) \31\........          400   \32\ 0.167  67 (rounded)............  3 hrs.; $224         201 hrs.;            $224 (reduction).
                                                                                (rounded);           $14,974.50
                                                                                (reduction).         (rounded);
                                                                                (reduction).
FERC-500........................     \33\ 429            1  429.....................  0.5 hr.; $26.77      215 hrs.; $11,484    $26.77 (rounded).
                                                                                (rounded).           (rounded).
FERC-505........................     \34\ 286            1  286.....................  0.5 hr.; $26.77      143 hrs.; $7,656     $26.77 (rounded).
                                                                                (rounded).           (rounded).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    27. Titles: FERC Form 80 (Licensed Hydropower Development
Recreation Report), FERC-500 (Application for License/Relicense for
Water Projects with More than 5 Megawatt (MW) Capacity), and FERC-505
(Small Hydropower Projects and Conduit Facilities including License/
Relicense, Exemption, and Qualifying Conduit Facility Determination)
---------------------------------------------------------------------------

    \30\ Hourly costs are based on Bureau of Labor Statistics
figures for May 2017 wages in Sector 22--Utilities (https://www.bls.gov/oes/current/naics2_22.htm) and December 2017 benefits
(https://www.bls.gov/news.release/pdf/ecec.pdf). For web developers
(code 15-1134), the estimated average hourly cost (salary plus
benefits) is $53.53.
    \31\ The figures are annualized figures contained in the current
OMB inventory for FERC-80. While OMB requires existing information
collections to be submitted for approval every three years, the
Commission's hydropower licenses are only required to submit the
Form 80 every six years. Therefore, the estimated figures for the
entire six-year Form 80 cycle would be a total of 400 respondents,
spending an estimated three hours per report, for a total of 1,200
hours.
    \32\ This figure indicates that a respondent files a Form 80
once every six years.
    \33\ We assume approximately 90 percent of the 477 for projects
with an installed capacity of more than 5 MW licenses (i.e., an
estimated 429 licenses) have project websites.
    \34\ We assume approximately 50 percent of the 572 licenses for
projects 5 MW or less (i.e., an estimated 286 licenses) have project
websites.
---------------------------------------------------------------------------

    28. Action: Deletion of information collection (FERC-80), and
revisions to existing collections FERC-500 and FERC-505.
    29. OMB Control Nos.: 1902-0106 (FERC-80), 1902-0058 (FERC-500),
and 1902-0115 (FERC-505).
    30. Respondents: Hydropower licensees, including municipalities,
businesses, private citizens, and for-profit and not-for-profit
institutions.
    31. Frequency of Information: Ongoing.
    32. Necessity of Information: The Commission proposes the changes
in this NOPR in order to eliminate unnecessary reporting requirements,
modernize public notice practices, and clarify recreational signage
requirements.
    33. Internal Review: The Commission has reviewed the proposed
changes and has determined that such changes are necessary. These
requirements conform to the Commission's need for efficient information
collection, communication, and management within the energy industry.
The Commission has specific, objective support for the burden estimates
associated with the information collection requirements.
    34. Interested persons may obtain information on the reporting
requirements by contacting the Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC 20426 [Attention: Ellen Brown,
Office of the Executive Director], by email to [email protected],
by phone<PHONE_NUMBER>, or by fax<PHONE_NUMBER>.
    35. Comments concerning the collections of information and the
associated burden estimates may also be sent to: Office of Information
and Regulatory Affairs, Office of Management and Budget, 725 17th
Street NW, Washington, DC 20503 [Attention: Desk Officer for the
Federal Energy Regulatory Commission]. Due to security concerns,
comments should be sent electronically to the following email address:
[email protected]. Comments submitted to OMB should refer to
FERC-80, FERC-500, and FERC-505 and OMB Control Nos. 1902-0106 (FERC-
80), 1902-0058 (FERC-500), and 1902-0115 (FERC-505).

B. Environmental Analysis

    36. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant effect on the human environment.\35\ Excluded from
this requirement are rules that are clarifying, corrective, or
procedural, or that do not substantially change the effect of
legislation or the regulations being amended.\36\ This proposed rule
would update the Commission's recreation-related regulations by
clarifying public notice and signage requirements, and eliminating
unnecessary reporting requirements. Because this rule is clarifying and
procedural in nature, preparation of an Environmental Assessment or
Environmental Impact Statement is not required.
---------------------------------------------------------------------------

    \35\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987).
    \36\ 18 CFR 380.4(a)(2)(ii) (2017).
---------------------------------------------------------------------------

C. Regulatory Flexibility Act

    37. The Regulatory Flexibility Act of 1980 (RFA) \37\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
The RFA mandates consideration of regulatory alternatives that
accomplish the stated objectives of a proposed rule and minimize any
significant economic impact on a substantial number of small
entities.\38\ In lieu of preparing a regulatory flexibility analysis,
an agency may certify that a proposed rule will not have a significant
economic impact on a substantial number of small entities.\39\
---------------------------------------------------------------------------

    \37\ 5 U.S.C. 601-612 (2012).
    \38\ 5 U.S.C. 603(c) (2012).
    \39\ 5 U.S.C. 605(b) (2012).
---------------------------------------------------------------------------

    38. The Small Business Administration's (SBA) Office of Size
Standards develops the numerical definition of a small business.\40\
The SBA size standard for electric utilities (effective January 22,
2014) is based on the number of employees, including affiliates.\41\
Under SBA's current size standards, a hydroelectric power generator
(NAICS code 221111) \42\ is small if, including its affiliates, it
employs 500 or fewer people.\43\
---------------------------------------------------------------------------

    \40\ 13 CFR 121.101 (2017).
    \41\ SBA Final Rule on ``Small Business Size Standards:
Utilities,'' 78 FR 77,343 (Dec. 23, 2013).
    \42\ The North American Industry Classification System (NAICS)
is an industry classification system that Federal statistical
agencies use to categorize businesses for the purpose of collecting,
analyzing, and publishing statistical data related to the U.S.
economy. United States Census Bureau, North American Industry
Classification System, https://www.census.gov/eos/www/naics/
(accessed April 11, 2018).
    \43\ 13 CFR 121.201, Sector 22, Utilities (2017).
---------------------------------------------------------------------------

    39. This proposed rule directly affects all hydropower licensees
that are currently required to file the Form 80. The proposal, if
adopted, would remove the Form 80 filing requirement, eliminating (for
small and large entities) the cost of $224 associated with filing the
Form 80 every six years.

    40. In addition, the proposed revisions to sections 8.1 and 8.2 of
the Commission's regulations would directly affect all hydropower
licensees of projects that offer existing or potential recreational use
opportunities. The proposed revisions are intended to modernize public
notice practices, clarify recreational signage requirements, and
provide flexibility to assist licensees' compliance efforts. We expect
the clarified signage requirements to benefit licensees by providing
them more flexibility to design recreation-related signage strategies
that best fit the needs of their individual projects. To modernize
public notice practices, the proposed revisions would require licensees
that have a project website, or develop one in the future, to publish
and maintain certain recreation-related information on its website. If
a licensee does not have a project website, the website publication
requirements would not apply. Therefore, there is a slight increase in
the information collection reporting requirements and burden for FERC-
500 and FERC-505.\44\ However, we do not anticipate the impact on
affected entities, regardless of their status as a small or large
entity, to be significant.
---------------------------------------------------------------------------

    \44\ In the Information Collection section, we estimated the
average burden and cost per respondent to be approximately 30
minutes and $26.77 per year.
---------------------------------------------------------------------------

    41. Accordingly, pursuant to section 605(b) of the RFA, the
Commission certifies that this proposed rule will not have a
significant economic impact on a substantial number of small entities.

D. Comment Procedures

    42. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due July 23, 2018. Comments must refer to
Docket No. RM18-14-000, and must include the commenter's name, the
organization they represent, if applicable, and their address.
    43. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's website at http://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
    44. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    45. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.

E. Document Availability

    46. 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 print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE, Room 2A,
Washington, DC 20426.
    47. From the Commission's Home Page on the internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
    48. User assistance is available for eLibrary and the Commission's
website during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
[email protected], or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
[email protected].

List of Subjects

18 CFR Part 8

    Electric power, Recreation and recreation areas, Reporting and
recordkeeping requirements.

18 CFR Part 141

    Electric power, Reporting and recordkeeping requirements.

By direction of the Commission.
    Issued: May 17, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    In consideration of the foregoing, the Federal Energy Regulatory
Commission proposes to amend parts 8 and 141, Chapter I, Title 18, Code
of Federal Regulations, as follows:

PART 8--RECREATIONAL OPPORTUNITIES AND DEVELOPMENT AT LICENSED
PROJECTS

0
1. The authority citation for part 8 continues to read as follows:

    Authority:  5 U.S.C. 551-557; 16 U.S.C. 791a-825r; 42 U.S.C.
7101-7352.

0
2. Revise Sec.  8.1 to read as follows:

Sec.  8.1   Publication of license conditions relating to recreation.

    Following the issuance or amendment of a license, the licensee
shall make reasonable efforts to keep the public informed of the
availability of project lands and waters for recreational purposes, and
of the license conditions of interest to persons who may be interested
in the recreational aspects of the project or who may wish to acquire
lands in its vicinity. Such efforts shall include, but are not limited
to: The publication of notice in a local newspaper once each week for 4
weeks, and publication on any project website, of the project's license
conditions which relate to public access to and the use of the project
waters and lands for recreational purposes, recreational plans,
installation of recreation and fish and wildlife facilities, reservoir
water surface elevations, minimum water releases or rates of change of
water releases, and such other conditions of general public interest as
the Commission may designate in the order issuing or amending the
license.
0
3. Revise Sec.  8.2 to read as follows:

Sec.  8.2   Posting of project lands as to recreational use and
availability of information.

    (a) Following the issuance or amendment of a license, the licensee
shall post and maintain at all points of public access required by the
license (or at such access points as are specifically designated for
this purpose by the licensee) and at such other points as are
subsequently prescribed by the Commission on its own motion or upon the
recommendation of a public recreation agency operating in the project
vicinity, a conspicuous sign that, at a minimum, identifies: The FERC
project name and number, and a statement that the project is licensed
by the Commission; the licensee name and contact information for
obtaining additional project recreation information; and permissible
times and activities. In addition, the licensee shall post at such
locations conspicuous notice that the recreation facilities are open to
all members of the public without discrimination.
    (b) The licensee shall make available for inspection at its local
offices in the

project vicinity, and on any project website, the approved recreation
plan, any recreation-related reports approved by the Commission, and
the entire license instrument, properly indexed for easy reference to
the license conditions designated for publications in Sec.  8.1.

Sec.  8.11   [Removed]

0
4. Remove Sec.  8.11.

PART 141--STATEMENTS AND REPORTS (SCHEDULES)

0
5. The authority citation for part 141 continues to read as follows:

    Authority: 15 U.S.C. 79; 15 U.S.C. 717-717z; 16 U.S.C. 791a-
828c, 2601-2645; 31 U.S.C. 9701; 42 U.S.C. 7101-7352.

Sec.  141.14   [Removed]

0
6. Remove 141.14.
[FR Doc. 2018-11002 Filed 5-22-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Notices]
[Page 47637]
[FR Doc No: 2019-19620]

=======================================================================
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UNIFIED CARRIER REGISTRATION PLAN

Sunshine Act Meeting Notice; Unified Carrier Registration Plan
Audit Subcommittee Meeting

TIME AND DATE: September 19, 2019, from 1:00 p.m. to 4:00 p.m., Eastern
daylight time.

PLACE: The Towers at Wildwood, 3200 Windy Hill Road SE, Suite 600W,
Atlanta, GA 30339. This meeting will also be accessible via conference
call. Any interested person may call 1-866-210-1669, passcode 5253902#,
to listen and participate in the meeting.

STATUS: This meeting will be open to the public.

MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Audit
Subcommittee (the ``Subcommittee'') will continue its work in
developing and implementing the Unified Carrier Registration Plan and
Agreement. The subject matter of this meeting will include:

Proposed Agenda

I. Call to Order--Subcommittee Chair

    Chair will call the meeting to order.

II. Verification of Publication of Meeting Notice--Chief Legal Officer

    Chief Legal Officer will verify the publication of meeting notice
on the UCR website and in the Federal Register.

III. Roll Call and Confirmation of Quorum--Operations Manager

    Operations Manager will call roll of the Subcommittee members and
confirm whether a quorum is present.

IV. Approval of Minutes From June 3, 2019 Meeting--Operations Manager

    Minutes from the June 3, 2019 Registration System Subcommittee
meeting will be reviewed and the Subcommittee will consider action to
approve.

V. Status Report on 2019 Audit Plan--Depository Manager

     Depository Audit: Depository Manager will report on the
status of the independent financial review recently conducted by a
third-party accounting firm for the UCR Depository.
     State Compliance Reviews: Depository Manager will provide
an update on the recent state compliance review conducted in Kansas, as
well as plans to conduct reviews in Minnesota and Wisconsin later this
year.

VI. 2020 Proposed Audit Plan--Depository Manager

    For Discussion and Possible Subcommittee Action:
     State Compliance Reviews: Subcommittee will review and
possibly approve recommending to the Board a proposal for conducting
UCR compliance reviews for eight (8) participating states in 2020.
     National Registration System Financial Review:
Subcommittee will review and possibly approve recommending to the Board
a proposed plan to conduct an independent financial review of the
National Registration System next year.
     Independent State System Interconnection: Subcommittee
will consider and possibly approve recommending to the Board criteria
for interconnecting independent UCR registration systems, operated at
the state level, to the National Registration System.
     Depository Audit: Subcommittee will consider and possibly
approve recommending to the Board a preferred vendor to conduct the
independent financial audit of the UCR Depository next year.
     Carrier Audit Procedure for States: Subcommittee will
consider and possibly approve recommending to the Board a proposal to
amend the UCR state carrier audit procedure to include a new step that
would require states to review unregistered carriers based in their
respective state.

VII. Amendment to UCR Refund Procedure--Subcommittee Chair

    For Discussion and Possible Subcommittee Action: Subcommittee will
consider and possibly approve recommending to the Board a proposal to
amend the UCR refund procedure for the purpose of establishing the
timing and criteria for the potential issuance of a refund that may
result from an audit of a UCR registrant.

VIII. Solicitation of New and Unregistered Motor Carriers--Subcommittee
Chair

    For Discussion and Possible Subcommittee Action: Subcommittee will
consider and possibly approve a recommendation to the Board concerning
a plan for solicitation of new and unregistered motor carriers to
encourage compliance.

IX. Definition of a Commercial Motor Vehicle in UCR Agreement--
Subcommittee Chair

    For Discussion and Possible Subcommittee Action: Subcommittee will
consider and possibly approve recommendation to the Board of a revised
definition of a Commercial Motor Vehicle in the UCR Agreement.

X. 2018 State Carrier Audits

    Subcommittee Chair will report on the number of participating
states that have completed their 2018 annual carrier audits.

XI. Audit Portal in National Registration System--Seikosoft

    Subcommittee will receive an update on new functionality in the
National Registration System for states to conduct and manage annual
carrier audits.

XII. Focused Anomalies Review (FARs)--DSL Transportation

    Subcommittee will receive an update on the amount of registration
fees collected through the Focused Anomalies Review program in 2019 to
date.

XIII. 2020 Operating Budget--Depository Manager

    Depository Manager will report on the development of a proposed
budget for 2020, particularly any expenses related to the UCR audit
program.

XIV. Other Items--Subcommittee Chair

    The Subcommittee Chair will call for any other items the
subcommittee members would like to discuss.

XV. Adjourn--Subcommittee Chair

    Chair will adjourn the meeting.

    This agenda will be available no later than 5:00 p.m. Eastern
daylight time, September 7, 2019 at: https://plan.ucr.gov.

CONTACT FOR MORE INFORMATION: Elizabeth Leaman, Acting Chair, Unified
Carrier Registration Plan Board of Directors, PH:<PHONE_NUMBER>,
EMAIL<EMAIL_ADDRESS>
Alex B. Leath,
Chief Legal Officer, Unified Carrier Registration Plan.
[FR Doc. 2019-19620 Filed 9-6-19; 11:15 am]
BILLING CODE 4910-YL-P


[Federal Register: July 11, 2006 (Volume 71, Number 132)]
[Notices]
[Page 39102-39104]
[DOCID:fr11jy06-85]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2005-0023; FRL-8196-1]

Agency Information Collection Activities: Proposed Collection;
Comment Request; Clean Water Act Section 404 State-Assumed Programs;
EPA ICR No. 0220.10, OMB Control No. 2040-0168

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on November 30, 2006. Before submitting the ICR to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection as described below.

DATES: Comments must be submitted on or before September 11, 2006.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OW-2005-0023, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions

for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Office of Water Docket, Environmental Protection
Agency, Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC
20460.
     Hand Delivery: Office of Water Docket, Environmental
Protection Agency, Public Reading Room, Room B102, EPA West Building,
1301 Constitution Ave., NW., Washington, DC 20004. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2005-
0023. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site

is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

FOR FURTHER INFORMATION CONTACT: Kathy Hurld, Office of Wetlands,
Oceans, and Watersheds, Wetlands Division (4502T), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2005-0023, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Water Docket in

the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC

Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is<PHONE_NUMBER>, and the telephone number for the Water Docket is
202-566-2426.
    Use http://www.regulations.gov to obtain a copy of the draft

collection of information, submit or view public comments, access the
index listing of the contents of the 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 docket ID number
identified in this document.

What Information Is EPA Particularly Interested In?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g, permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What Should I Consider When 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 and provide specific
examples.
    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. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. 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.

What Information Collection Activity or ICR Does This Apply to?

    Affected entities: Entities potentially affected by this action are
those States/Tribes requesting assumption of the Clean Water Act
section 404 permit program; States/Tribes with approved assumed
programs; and permit applicants in States/Tribes with assumed programs.
    Title: Clean Water Act Section 404 State-Assumed Programs.
    ICR Numbers: EPA ICR No. 0220.10, OMB Control No. 2040-0168.
    ICR status: This ICR is currently scheduled to expire on November
30, 2006. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: Section 404(g) of the Clean Water Act authorizes States
[and Tribes] to assume the section 404 permit program. States/Tribes
must demonstrate that they meet the statutory and regulatory
requirements (40 CFR part 233) for an approvable program. Specified
information and documents must be submitted by the State/Tribe to EPA
to request assumption. Once the required information and documents are
submitted and EPA has a complete assumption request package, the
statutory time clock for EPA's decision to either approve or deny the
State/Tribe's assumption request starts. The information contained in
the assumption request is made available to the other involved Federal
agencies (Corps of Engineers, U.S. Fish and Wildlife Service, and
National Marine Fisheries Service) and to the general public for review
and comment. These minimum information requirements are based on the
information that must be submitted when applying for a section 404
permit from the Corps of Engineers. [33 CFR 328].
    States/Tribes must be able to issue permits that comply with the
404(b)(1) Guidelines, the environmental review criteria. States/Tribes
and the reviewing Federal agencies must be able to review proposed
projects to evaluate, avoid, minimize and compensate for anticipated
impacts. EPA's assumption regulations establish recommended elements
that should be included in the State/Tribes's permit application, so
that sufficient information is available to make a thorough analysis of
anticipated impacts. These minimum information requirements are based
on the information that must be submitted when applying for a section
404 permit from the Corps of Engineers (CWA section 404(h)(1)(A)(i) and
section 404(j) and 40 CFR 230.10, 233.20, 233.21, 233.34, and 233.50)
(33 CFR 325.1).
    EPA is responsible for oversight of assumed programs to ensure that
State/Tribal programs are in compliance with applicable requirements
and that State/Tribal permit decisions adequately consider, avoid,
minimize and compensate for anticipated impacts. States/Tribes must
evaluate their programs annually and submit the results in a report to
EPA. EPA's assumption regulations establish minimum requirements for
the annual report (40 CFR 233.52).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15 and are
identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 520
hours to request program assumption, 5 hours to complete a permit
application and 80 hours to prepare the annual report per assumed
program. Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements
which have subsequently changed; train personnel

to be able to respond to a collection of information; search data
sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 2 States/Tribes to
request program assumption; 20,000 permit applicants, 4 assumed States/
Tribes.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent:
One time to request assumption; one time when requesting a permit;
annually for the annual permit and annual report.
    Estimated total annual burden hours: 101,360 (520 hours to request
assumption times two States/Tribes (1,040 hours); 20,000 permit
applicants times 5 hours per application (100,000 hours); 80 hours per
annual report times 4 States/Tribes (320 hours).
    Estimated total annual costs: $41,200 (includes $0 annualized
capital and O&M costs).

Are There Changes in the Estimates From the Last Approval?

    There are changes in the estimates from the last approval. These
changes are to account for increases in wages.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: June 23, 2006.
Diane C. Regas,
Director, Office of Wetlands, Oceans, and Watersheds.
 [FR Doc. E6-10842 Filed 7-10-06; 8:45 am]

BILLING CODE 6560-50-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON D. C., 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES PC Code: 031301 DP Barcode: D294453 Date: February 7, 2006 MEMORANDUM SUBJECT: Revised Ecological Risk Assessment in Support of the Reregistration Eligibility Decision on DCNA ( Dicloran)

TO: James Parker, Chemical Review Manager Special Review and Reregistration Division Barbara Madden, Product Manager Registration Division FROM: Cheryl A. Sutton, Ph. D., Environmental Scientist Christopher J. Salice, Ph. D., Biologist Environmental Risk Branch IV Environmental Fate and Effects Division ( 7507c)

APPROVED BY: Elizabeth Behl, Branch Chief Environmental Risk Branch IV Environmental Fate and Effects Division ( 7507c)

The Environmental Fate and Effects Division ( EFED) has completed its revision of the environmental fate and ecological risk assessment of the organochlorine pesticide DCNA ( dicloran) in support of the reregistration eligibility decision on DCNA as a contact fungicide in a variety of food and non food labeled uses ( and three proposed new uses). The risk assessment has been revised to reflect the additional data sent in by the registrant during the error only comment period. In response to data gaps identified in the environmental fate and ecological risk assessment of DCNA ( DP Barcode D313887; dated 7/ 20/ 05), the registrant submitted one environmental fate ( aerobic aquatic metabolism) and four ecological effect studies for evaluation. The ecological effects studies included a rainbow trout ( Oncorhynchus mykiss) juvenile growth study, a Daphnia magna life cycle study, a sediment toxicity study of midge ( Chironomus riparius) larvae, and an aquatic plant ( Scendesmus subspicatus) toxicity study. As a result of the new data, new surface water estimated environmental concentrations ( EEC) were determined and revised RQs were calculated. Additionally, estimated concentrations in sediment pore water were determined and RQs were calculated using the newly submitted sediment toxicity data.

Estimated environmental concentrations for both aquatic and terrestrial exposure assessments were based on parent DCNA only. The revised document comprises the Level 1 screening assessment of the environmental fate and ecological effects for the pesticide DCNA. It represents a national assessment, although the majority ( 99%) of DCNA usage is in California and the Pacific Northwest. Modeled uses include labeled uses on lettuce, grapes, potatoes, snapbeans, and onions; and proposed uses on peanuts and carrots. Modeling  2

results for head lettuce in California can serve as surrogate modeling results for both celery ( a major use) and radicchio ( a new use), which are in the same crop group ( Group 04) as head lettuce. Application rates and use patterns modeled have not been changed from the previous risk assessment ( DP Barcode D313887).

Based on a deterministic screening level assessment of environmental exposure and biological effects data for DCNA, as reflected in the revised RQ values, potential risks associated with DCNA usage are indicated for freshwater fish and amphibians ( acute endangered species); birds and reptiles ( acute, acute endangered species, chronic); and mammals ( acute endangered species, chronic). There were no LOC exceedences indicating potential acute or acute endangered species risks to either freshwater or estuarine/ marine invertebrates, nor acute risks to mammals. Chronic risk LOCs were not exceeded for freshwater fish and invertebrates. However, there is uncertainty associated with the freshwater fish chronic toxicity study which did not follow guidelines; a guideline freshwater fish chronic toxicity study is still required. The potential for chronic risks to estuarine/ marine fish and invertebrates is unknown because useable ecotoxicity data were not submitted. Similarly, ecotoxicity data were not submitted for aquatic vascular or for terrestrial or semi aquatic plants, so potential risks to these taxa could not be assessed. In the absence of suitable toxicity data, risks are assumed. Hence for DCNA, chronic risks are assumed for estuarine/ marine fish and invertebrates and risks are also assumed from aquatic vascular and terrestrial/ semi aquatic plants. The risk assessment for DCNA remains incomplete, because the body of submitted toxicity data is still incomplete. Detailed information on the data gaps are presented below in Tables 1 and 2.  3

Table 1. Status of environmental fate data adequacy/ needs for DCNA.

Guideline # Data Requirement Are Data Adequate for Risk Assessme nt? MRID #' s Study Classification 161 1 835.2120 Hydrolysis yes Acc. No. 253963 Acceptable 161 2 835.2240 Photodegradation in Water yes 43891901 40508809 Acceptable Unacceptable 161 3 835.2410 Photodegradation on Soil yes 43893601 40508810 Acceptable Unacceptable 161 4 835.2370 Photodegradation in Air

162 1 835.4100 Aerobic Soil Metabolism yes 408948011 00086942 Acceptable Supplemental 162 2 835.4200 Anaerobic Soil Metabolism yes 408948011 Acceptable 162 3 835.4400 Anaerobic Aquatic Metabolism yes 438665011 Acceptable 162 4 835.4300 Aerobic Aquatic Metabolism no 462160011 46657101 Unacceptable Acceptable 163 1 835.1240 835.1230 Leaching Adsorption/ Desorption yes 40538202 40538201 43809001 40863001 00065859 Acceptable Acceptable Supplemental Unacceptable Unacceptable 163 2 835.1410 Laboratory Volatility waived ( 4/ 6/ 90)

164 1 835.6100 Terrestrial Field Dissipation Not Required 44414201 40583101 00086953 & 00086955 00082668 Acceptable Unacceptable Unacceptable Unacceptable 164 2 835.6200 Aquatic Field Dissipation     NA 164 3 835.6300 Forestry Dissipation     NA 164 4 835.6400 Combination Products and Tank Mixes Dissipation     NA  4

165 4 850.1730 Accumulation in Fish yes 43782001 40508808 Acceptable Supplemental 165 5 850.1950 Accumulation   Aquatic Non target Organisms     NA 166 1 835.7100 Groundwater   Small Prospective yes 45237401 In Review 201 1 840.1100 Droplet Size Spectrum 202 1 840.1200 Drift Field Evaluation 1A single document, MRID 40894801, contains both the aerobic and anaerobic soil metabolism studies.  5

Table 2. Status of ecological effects data adequacy/ needs for DCNA.

Guideline # Data Requirement MRID #' s Study Classification Are the data adequate for risk assessment?

71 1 Avian acute oral LD50 Bobwhite quail Mallard duck 437551 01 405831 03 Acceptable Invalid yes no 71 2 Avian subacute dietary LC50 Bobwhite quail Mallard duck 405088 12 431155 01 405088 11 431155 02 Supplemental Acceptable Supplemental Acceptable no yes no yes 71 4 Avian reproduction bobwhite quail mallard duck 462189 00 NS In Review  In Review no 72 1 Freshwater fish acute LC50 Rainbow trout Bluegill sunfish 00096064 00096058 Acceptable Acceptable yes yes 72 2 Freshwater invertebrate acute LC50 ( Daphnia magna) 405831 02 Acceptable yes 72 3a Estuarine/ marine fish acute LC50 ( Sheepshead minnow) NS  no 72 3b Estuarine/ marine acute invertebrate LC50 ( mysid) NS  no 72 3c Estuarine/ marine acute invertebrate LC50 ( mollusc) 00087031 Supplemental yes 72 4a Freshwater fish early life stage ( Rainbow trout) NS  no 72 4b Freshwater invertebrate life cycle ( Daphnia magna) 466571 03 Supplemental yes 72 4d Estuarine/ marine life cycle ( mysid) NS  no 72 5 Freshwater fish full life cycle ( Fathead minnow) NS  no 141 1 Acute honeybee contact 00036935 Acceptable yes Nonguideline Earthworm Acute NS  Not Required  6

Nonguideline Sediment Test w/ Chironomus sp. 466571 04   no 122 1 Tier I Terrestrial Plant NS   no 123 2 Acute nonvascular plant 466571 05 Acceptable yes 81 1 rat acute oral toxicity 00086879 00064581 Unacceptable Supplemental no yes 83 4 rat 2 generation reproduction 444141 01 Acceptable yes NS = not submitted


States/ Tribes/ Federal Meeting on Mine Placement of Coal Combustion Waste San Antonio, Texas November 14 & 15, 2001 Index to Meeting Notes and Materials on this CD Meeting Documentation File Name Document Title( s)

Agenda. pdf Agenda Attendees. pdf Attendees List San Antonio Summary. pdf Joint IMCC EPA Summary Meeting Notes Meeting Handouts and Presentation Materials File Name Document Title( s)

MRAM Presentation. pdf Presentation on EPA's Minefill Risk Assessment/ Modeling ( MRAM) Project Illinois Presentation. pdf Presentation on Illinois Data Management System for Mine Placement Activities 26mine placement regs3. pdf Regulation and Policy Concerning Mine Placement of Coal Combustion Waste in 26 States ( Working Draft, October 26, 2001)

StateMFReqs. pdf Mine Placement of Coal Combustion Waste  State Program Elements Analysis ( Working Draft, October 26, 2001)

RCRA rule Part 258. pdf RCRA Subtitle D landfill rule; 40 CFR Part 258, Subparts D & E State Outline. pdf States' Discussion Outline of Coal Ash Management ( Draft, August 28, 2001)

Additional Materials File Name Document Title( s)

MinefillDiscussionGuide. pdf EPA's CCW Minefill Management Practices Discussion Guide ( Draft, October 22, 2001)

MRAM Sites. pdf List of Sites Included in MRAM Database ( as of August 1, 2001)

St. Louis [ directory] This directory contains the complete materials from the IMCC Intergovernmental Forum on Mine Placement of Coal Combustion Waste, St. Louis, Missouri, May 15 16, 2001