Introduction: Prospective borrowers seeking Water Infrastructure Finance and Innovation Act (WIFIA) credit assistance must complete and submit a letter of interest to the U.S. Environmental Protection Agency (EPA). Based on the information provided in the letter of interest, EPA will invite selected prospective borrowers to submit an application for WIFIA credit assistance. EPA will only select those eligible projects that it expects to proceed to closing.
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Purpose: Prospective borrowers submit the letter of interest materials to provide EPA with the necessary information to: 1) validate the eligibility of the prospective borrower and the prospective project; 2) perform a preliminary creditworthiness assessment; 3) perform a preliminary engineering feasibility assessment; and 4) evaluate the project against the selection criteria. Based on its review, EPA identifies the projects that it will invite to submit applications. ___________________________________________________________________________________
Format: To be considered for WIFIA credit assistance, prospective borrowers must submit a letter of interest that: 1) describes the prospective borrower and the proposed project(s); 2) provides key financial and engineering documents; and 3) explains how the project meets the selection criteria of the WIFIA credit program. Please reference the latest Notice of Funding Availability (NOFA), the WIFIA program handbook, and frequently asked questions (FAQ) available at http://www.epa.gov/wifia for additional instructions and information.

Responses to the questions should be included in this form. Upon completion, the total length of the letter of interest form should not exceed 50 pages, excluding any attachments. Font size should not be smaller than 11-point Calibri.
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Selection: Due to the wide variety of projects eligible for WIFIA assistance, in some cases EPA may request additional information to supplement the letter of interest so it may complete its analysis. EPA will invite some eligible prospective borrowers to submit applications based on its selection process.
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Submission: Letters of interests must be submitted to EPA by the deadline stated in the Notice of Funding Availability (NOFA). Attachments may be draft or preliminary. Please provide the most recent version available at the time of submission.

The documents may be submitted in two ways:
 Email the documents as attachments to<EMAIL_ADDRESS>
 Upload the documents to EPA's SharePoint site.  To be granted access to the SharePoint site, prospective borrowers can request access to SharePoint by emailing<EMAIL_ADDRESS> Requests to upload documents must be made in advance of the deadline as outlined in the NOFA.

Upon receipt, EPA will provide a confirmation email. If you have questions on completing this letter of interest, please consult the WIFIA website (www.epa.gov/wifia) or contact the WIFIA program office at<EMAIL_ADDRESS>

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

More information about CBI is available in the WIFIA program handbook and frequently asked questions (FAQ) available at http://www.epa.gov/wifia.
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Burden: The public reporting and recordkeeping burden for this collection of information is estimated to average 45 hours per response.  Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, included through the use of automated collection techniques to the Director, Regulatory Support Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. ___________________________________________________________________________________
Warning: Falsification or misrepresentation of information or failure to file or report information required to be reported may be the basis for denial of financial assistance by EPA. Knowing and willful falsification of information required to be submitted and false statements to a Federal Agency may also subject you to criminal prosecution.  See, for example, 18 U.S.C. §1001.
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LETTER OF INTEREST
Provide the following information in this form or as narrative answers. Narrative answers can reference source documents (include the name of the document and relevant pages or sections). Provide any referenced documents as attachments.

Section A: Key Loan Information

 Legal name of prospective borrower:

Click or tap here to enter text.

 Other names under which the prospective borrower does business:

      Click or tap here to enter text.

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

      Click or tap here to enter text.

 Provide a brief description of the project(s) for which you seek financing (major project scope items such as capacity, diameter and length, treatment components, and other design features) Limit the description to the elements included in the estimated total projects costs in Question A7. (Word Limit: 500).

      Click or tap here to enter text.

 Describe the project's purpose (including quantitative or qualitative details on public benefits the project will achieve). If the loan contains more than one project, describe the common purpose that the projects share (i.e. addressing sanitary sewer overflows or improving drinking water quality). (Word limit: 500).

Click or tap here to enter text.

 Requested amount of the WIFIA loan (in dollars):

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 Estimated total eligible project costs (in dollars):

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 Identify the month and year the prospective borrower will submit an application. (Assume invitations to apply will be issued approximately 90 days from letter interest submission deadline and the application will generally require a draft Request for Proposals or 30% design documents and preliminary rating letter on the proposed credit structure.)
Click or tap here to enter text.

 Identify the month and year the prospective borrower wants to close its WIFIA loan.

Click or tap here to enter text.

 County Served by Project

Click or tap here to enter text.

 Population Served by project(s)

Click or tap here to enter text.

 Total population served by system

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 Borrower department and division name:

      Click or tap here to enter text.

 Business street address:

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 Mailing street address (if different from above):

Click or tap here to enter text.

 Employer/taxpayer identification number (EIN/TIN):

 Click or tap here to enter text.

 Dun and Bradstreet Data Universal Number System (DUNS) number:

 Click or tap here to enter text.

 National Pollutant Discharge Elimination System (NPDES) and/ or Public Water System (PWS) number (if applicable):
Click or tap here to enter text.

 Type of entity (pick one):

 If you marked option E, F, or G in Question 19 above, do you have legal authority to carry out the proposed project activities described in this Letter of Interest?

	If yes, cite the legal authority.

Click or tap here to enter text.

 If the prospective borrower is not a public entity or in the case of the prospective borrower being a state infrastructure finance authority, the sub-recipient(s) is not a public entity, is the project(s) publicly sponsored?  Please explain.

Click or tap here to enter text.

Section B: Engineering & Credit

 Provide a technical report such as a preliminary design/engineering report or planning document for each aspect of your project(s). Provide the filename(s) in the textbox.

If you cannot provide any technical reports, provide a detailed description of all major project components. Indicate whether the project involves the construction of new facilities or the renovation or replacement of existing ones. Describe each of the project components in terms of dimensions, quantities, capacities, and square footage, etc.

Click or tap here to enter text.

 Present the overall project schedule start and end dates for key milestones and costs in the provided tables. For WIFIA loans with one project, fill out Row 1. For WIFIA loans with multiple projects, fill out and create as many rows as needed.

                                   Schedule
Project Name
Planning
Design
Permitting
Construction
Enter name here.
Enter start date. - Enter end date.
Enter start date. - Enter end date.
Enter start date. - Enter end date.
Enter start date. - Enter end date.
Enter name here.
Enter start date. - Enter end date.
Enter start date. - Enter end date.
Enter start date. - Enter end date.
Enter start date. - Enter end date.
Enter name here.
Enter start date. - Enter end date.
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Enter start date. - Enter end date.
Enter start date. - Enter end date.
Enter name here.
Enter start date. - Enter end date.
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Enter start date. - Enter end date.
Enter start date. - Enter end date.
Enter name here.
Enter start date. - Enter end date.
Enter start date. - Enter end date.
Enter start date. - Enter end date.
Enter start date. - Enter end date.

 Choose your proposed lien priority for the WIFIA credit assistance.
Credit Term
Proposed
Lien Priority

 Have you been rated in the past three years?

If yes, attach a rating letter. Provide the rating letter filename in the textbox.

Click or tap here to enter text.

If you do not have a rating letter, provide a description of the plan of finance for WIFIA's security structure.

Click or tap here to enter text.

If you do not have a rating letter, attach:

 A pro-forma (instructions provided below) or year-end audited financial statement for the past three years
 A budget describing the forecasted financial performance of WIFIA's pledged security

      Provide the pro-forma or financial statement and budget filenames in the textbox.

      Click or tap here to enter text.

The financial pro forma should include key long-term (10 years but no greater than the proposed life of the WIFIA loan) revenues, expenses, and debt repayment assumptions for the revenue pledged to repay the WIFIA loan.

The pro forma should be provided in an editable Microsoft Excel format, not in PDF or "values" format. The pro forma should include at a minimum the following:
 Sources of revenue
 Operations and maintenance expenses
 Dedicated source(s) of repayment
 Capital expenditures
 Debt service payments
 Projected debt service coverage ratios for total existing debt and the WIFIA debt
 The project's or system's debt balances broken down by funding sources
 Equity distributions, if applicable

      If available, include sensitivity projections for pessimistic, base and optimistic cases.  A sample financial pro forma is available at https://www.epa.gov/wifia/wifia-application-materials-and-resources. Provide the financial pro forma filename in the textbox.

Section C: Selection Criteria
For each question where you answer yes, provide a response to explain how the project for which you are seeking the WIFIA loan achieves the stated result. When applicable, reference attachments. Responses to these questions will allow the WIFIA program to evaluate the project in relation to the selection criteria outlined in the NOFA.

    Will your project create construction jobs?

   If yes, approximately how many?

   Click or tap here to enter text.

    Will your project create post-construction jobs?

      If yes, provide approximately how many and explain how this number was calculated.

   Click or tap here to enter text.

    Will your project support industry?

   If yes, explain how.

   Click or tap here to enter text.

    Will your project protect drinking water, including source water protection?

   If yes, explain how.

   Click or tap here to enter text.

    Will your project support international commerce?

   If yes, explain how.

   Click or tap here to enter text.

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

   If yes, explain how.

   Click or tap here to enter text.

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

If yes, explain how.

   Click or tap here to enter text.

    Does your project protect the system, project specific asset, or community from extreme weather events such temperature, storms, floods, or sea level rise expected based on current conditions?

      If yes, explain how.

   Click or tap here to enter text.

    Does your project protect the system, project specific asset, or community from extreme weather events such temperature, storms, floods, or sea level rise predicted to occur?

      If yes, explain how.

   Click or tap here to enter text.

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

If yes, explain how.

   Click or tap here to enter text.

 Does the project address water quality concerns?

If yes, explain how.

   Click or tap here to enter text.

 Does the project address water quantity concerns?

If yes, explain how.

   Click or tap here to enter text.

 Is the project identified in an existing regional, state, or multistate agreement?

If yes, attach the relevant document and write in the textbox the filename.

Click or tap here to enter text.

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

If yes, attach the relevant document and write in the textbox the filename.

Click or tap here to enter text.

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

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

   Click or tap here to enter text.

    Is your project designed to address an existing compliance issue?

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

   Click or tap here to enter text.

 Is your project designed to maintain compliance?

   If yes, identify the potential compliance issue(s). Describe how your project maintains compliance.

   Click or tap here to enter text.

 Does your project serve economically stressed communities or pockets of economically stressed rate payers within otherwise non-economically stressed communities?

        What is the median household income (MHI) within the project's service area? Include the MHI for any economically stressed communities or pockets of economically stressed rate payers within otherwise non-economically stressed communities that have a lower MHI than the entire service area.

           Click or tap here to enter text.

        What is the poverty level within the project's service area? Include the poverty level for any economically stressed communities or pockets of economically stressed rate payers within otherwise non-economically stressed communities that have a lower MHI than the entire service area.

            Click or tap here to enter text.

        If applicable, provide another value or metric that demonstrates that the project serves economically stressed communities or pockets of economically stressed rate payers within otherwise non-economically stressed communities.

        Click or tap here to enter text.

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

If yes, explain how.

   Click or tap here to enter text.

 WIFIA funding would

 Fill out the table below.

Sources Category
Estimated Dollar Value
Funding Certainty
1. WIFIA Loan
Click or tap here to enter text.
Choose an item.
2. Revenue Bonds
Click or tap here to enter text.
Choose an item.
3. SRF Loan
Click or tap here to enter text.
Choose an item.
4. Borrower Cash
Click or tap here to enter text.
Choose an item.
5. Other (please specify) Click or tap here to enter text.
Click or tap here to enter text.
Choose an item.
6. Other (please specify) Click or tap here to enter text.
Click or tap here to enter text.
Choose an item.
TOTAL SOURCES
Click or tap here to enter text.

For funding sources that are uncertain (excluding the WIFIA Loan), explain how you would finance the project if the funding source is not available.

   Click or tap here to enter text.

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

Section D: Contact Information
 Primary point of contact

   Name:  Click or tap here to enter text.
   Title:  Click or tap here to enter text.
   Organization:  Click or tap here to enter text.
   Street Address:  Click or tap here to enter text.
   City/State/Zip:  Click or tap here to enter text.
   Phone:  Click or tap here to enter text.
   E-mail:  Click or tap here to enter text.

 Secondary point of contact

   Name:  Click or tap here to enter text.
   Title:  Click or tap here to enter text.
   Organization:  Click or tap here to enter text.
   Street Address:  Click or tap here to enter text.
   City/State/Zip:  Click or tap here to enter text.
   Phone:  Click or tap here to enter text.
   E-mail:  Click or tap here to enter text.

Section E: Certifications
Please sign in the appropriate space and submit a scanned version of the signature page to EPA with your electronic Letter of Interest submission.

 National Environmental Policy Act:  The prospective borrower acknowledges that any project receiving credit assistance under this program must comply with all provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and that EPA will not approve a loan for a project until a final agency determination, such as a Categorical Exclusion (CATEX), Finding of No Significant Impact (FONSI), or a Record of Decision (ROD), has been issued.
 American Iron and Steel:  The prospective borrower acknowledges that any project receiving credit assistance under this program for the construction, alteration, maintenance, or repair of a project may only use iron and steel products produced in the United States and must comply with all applicable guidance.
 Prevailing Wages:  The prospective borrower acknowledges that all laborers and mechanics employed by contractors or subcontractors on projects receiving credit assistance under this program shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor, in accordance with sections 3141-3144, 3146, and 3147 of Title 40 (Davis-Bacon wage rules).
 Lobbying:  Section 1352 of Title 31, United States Code provides that none of the funds appropriated by any Act of Congress may be expended by a recipient of a contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, or an employee of a Member of Congress in connection with the award or making of a Federal contract, grant, loan, or cooperative agreement or the modification thereof. The EPA interprets this provision to include the use of appropriated funds to influence or attempt to influence the selection for assistance under the WIFIA program.
WIFIA prospective borrowers must file a declaration: (a) with the submission of an application for WIFIA credit assistance; (b) upon receipt of WIFIA credit assistance (unless the information contained in the declaration accompanying the WIFIA application has not materially changed); and (c) at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any declaration previously filed in connection with the WIFIA credit assistance.
The undersigned certifies, to the best of his or her knowledge and belief, that:
 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
         This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
 Debarment:  The undersigned further certifies that it is not currently: 1) debarred or suspended ineligible from participating in any Federal program; 2) formally proposed for debarment, with a final determination still pending; or 3) indicted, convicted, or had a civil judgment rendered against it for any of the offenses listed in the Regulations Governing Debarment and Suspension (Governmentwide Nonprocurement Debarment and Suspension Regulations: 2 C.F.R. Part 180 and Part 1532).
 Default/Delinquency:  The undersigned further certifies that neither it nor any of its subsidiaries or affiliates are currently in default or delinquent on any debt or loans provided or guaranteed by the Federal Government.
 Other Federal Requirements:  The prospective borrower acknowledges that it must comply with all other federal statutes and regulations, as applicable.  A non-exhaustive list of federal cross-cutting statutes and regulations can be found at: https://www.epa.gov/wifia/wifia-resources#complianceanchor.
 Signature:  By submitting this letter of interest, the undersigned certifies that the facts stated and the certifications and representations made in this letter of interest are true, to the best of the prospective borrower's knowledge and belief after due inquiry, and that the prospective borrower has not omitted any material facts. The undersigned is an authorized representative of the prospective borrower.

Signature: ____________________________________________________________________________

Date Signed: Click or tap to enter a date.

Name:  Click or tap here to enter text.
Title:  Click or tap here to enter text.
Organization:  Click or tap here to enter text.
Street Address:  Click or tap here to enter text.
City/State/Zip:  Click or tap here to enter text.
Phone:  Click or tap here to enter text.
E-mail:  Click or tap here to enter text.

Section F: Notification of State Infrastructure Financing Authority
Please sign in the appropriate space and submit a scanned version of the signature page to EPA with your electronic Letter of Interest submission.

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

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

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

Signature: ____________________________________________________________________________

Name: Click or tap here to enter text.

Date Signed: Click or tap to enter a date.

KEY DEFINITIONS

 Administrator means the Administrator of EPA.

 Credit assistance means a secured loan or loan guarantee under WIFIA.

 Eligible project costs mean amounts, substantially all of which are paid by, or for the account of, an prospective borrower in connection with a project, including the cost of:
 Development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry out an eligible project), revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities;
 Construction, reconstruction, rehabilitation, and replacement activities;
 The acquisition of real property or an interest in real property (including water rights, land relating to the project, and improvements to land), environmental mitigation (including acquisitions pursuant to section 33 U.S.C. §3905(7)), construction contingencies, and acquisition of equipment; and
 Capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction.

 Iron and steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials.

 Project means:
 1 or more activities that are eligible for assistance under section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)), notwithstanding the public ownership requirement under paragraph (1) of that subsection.
 1 or more activities described in section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j - 12(a)(2)).
 A project for enhanced energy efficiency in the operation of a public water system or a publicly owned treatment works.
 A project for repair, rehabilitation, or replacement of a treatment works, community water system, or aging water distribution or waste collection facility (including a facility that serves a population or community of an Indian reservation).
 A brackish or sea water desalination project including chloride control.
 A managed aquifer recharge project, a water recycling project, or projects to provide alternative water supplies to reduce aquifer depletion.
 Acquisition of real property or an interest in real property --
 If the acquisition is integral to a project described in paragraphs (1) through (5); or
 Pursuant to an existing plan that, in the judgment of the Administrator or the Secretary, as applicable, would mitigate the environmental impacts of water resources infrastructure projects otherwise eligible for assistance under this section.
 A project to prevent, reduce, or mitigate the effects of drought, including projects that enhance the resilience of drought-stricken watersheds.
 A combination of projects, each of which is eligible under paragraph (1) or (2), for which a State infrastructure financing authority submits to the Administrator a single application.
 A combination of projects secured by a common security pledge, each of which is eligible under paragraph (1), (2), (3), (4), (5), (6), or (7), for which an eligible entity, or a combination of eligible entities, submits a single application.

 Prospective borrower means an entity that is contemplating or is in the process of undertaking the WIFIA application process, or an entity that has undertaken these activities on behalf of another entity. The following entities are eligible to receive credit assistance: a corporation, a partnership, a joint venture, a trust, a Federal, State, or local government, a tribal government or consortium of tribal governments, and a State infrastructure financing authority. Prospective borrowers become applicants when they are invited to apply for WIFIA credit assistance.

 Public entity means:
 a Federal, State, or local Governmental entity, agency, or instrumentality; or
 a Tribal Government or consortium of Tribal Governments.

 Publicly sponsored means the prospective borrower can demonstrate, to the satisfaction of the Administrator that it has consulted with the affected State, local or Tribal Government in which the project is located, or is otherwise affected by the project, and that such government supports the proposed project. Support can be shown by a certified letter signed by the approving municipal department or similar agency, mayor or other similar designated authority, local ordinance, or any other means by which local government approval can be evidenced.

 State infrastructure financing authority means the State entity established or designated by the Governor of a State to receive a capitalization grant provided by, or otherwise carry out the requirements of, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et. seq.) or section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j - 12).

 Treatment works has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).

 WIFIA means the Water Infrastructure Finance and Innovation Act of 2014, Pub. L. 113-121, 128 Stat, 1332, codified at 33 U.S.C. §§ 3901-3914.


[Federal Register Volume 86, Number 85 (Wednesday, May 5, 2021)]
[Proposed Rules]
[Pages 23880-23882]
[FR Doc No: 2021-09003]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0033]
RIN 1625-AA09

Drawbridge Operation Regulation: Rainy River, Rainy Lake and
Their Tributaries, Rainier, MN

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to authorize the Canadian National
Railroad Bridge, mile 85.0, across the Rainy River to operate remotely.
The

request was made by the bridge owner. The bridge will continue to open
on signal.

DATES: Comments and related material must reach the Coast Guard on or
before July 6, 2021.

ADDRESSES:  You may submit comments identified by docket number USCG-
2020-0033 using Federal e-Rulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Lee D. Soule, Bridge Management Specialist,
Ninth Coast Guard District; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    Rainy River and Rainy Lake serve as the border between the United
States of America and Canada. This bridge is a single leaf, bascule
type railroad bridge that provides a horizontal clearance of 125 feet.
The water level on Rainy Lake and under the bridge is controlled by a
hydro-electric dam facility at International Falls, Minnesota, thus
charted datum is based on the water level surface of Rainy Lake when
the gauge at Fort Frances, Canada reads 1107.0 feet resulting in a
variable vertical clearance of 6 to 10 feet in the closed position. The
railroad bridge carries significant train traffic across the
international border. Rainer, Minnesota is a customs port-of-entry.

III. Discussion of Proposed Rule

    On April 8, 2020, we published a Temporary Deviation with request
for comments in FR 2020-06822 and we did not receive any comments.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance; it is exempt
from the requirements of Executive Order 13771.
    This proposed rule intends to allow the bridge to be operated
remotely. All other conditions in 33 CFR 117.664 shall remain.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. While some owners or operators of
vessels intending to transit the bridge may be small entities, for the
reasons stated in section IV.A above this proposed rule would not have
a significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined

that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This proposed rule promulgates the operating regulations
or procedures for drawbridges. Normally such actions are categorically
excluded from further review, under paragraph L49, of Chapter 3, Table
3-1 of the U.S. Coast Guard Environmental Planning Implementation
Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; DHS Delegation No.
0170.1.

0
2. Revise Sec.  117.664 to read as follows:

Sec.  117.664  Rainy River, Rainy Lake and their tributaries.

    The draw of the Canadian National Bridge, mile 85.0, at Rainer, may
operate remotely, and shall open on signal; except that, from October
16 to April 30, the draw shall open on signal if at least 12-hours
advance notice is provided. The commercial phone number to provide
advance notice shall be posted on the bridge so that it is plainly
visible to vessel operators approaching the up or downstream side of
the bridge. The owners of the bridge shall provide and keep in good
legible condition two board gauges painted white with black figures to
indicate the vertical clearance under the closed draw at all water
levels. The gauges shall be so placed on the bridge that they are
plainly visible to operators of vessels approaching the bridge either
up or downstream. The bridge shall operate and maintain a VHF-FM Marine
Radio.

    Dated: April 2, 2021.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-09003 Filed 5-4-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Notices]
[Pages 35931-35933]
[FR Doc No: 2020-12728]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2019-0178; FRL-10010-58-OAR]

Proposed Information Collection Request; Comment Request;
Information Collection; Effort for Ethylene Oxide Commercial
Sterilization Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``Information
Collection Effort for Ethylene Oxide Commercial Sterilization
Facilities'' (EPA ICR No. 2623.01, OMB Control No. 2060-NEW) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (PRA). Before doing so, the
EPA is soliciting public comment on specific aspects of the proposed
information collection as described below. This is a request for
approval of a new collection. 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.

DATES: Comments must be submitted on or before August 11, 2020.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2019-0178, online using https://www.regulations.gov/ (our preferred
method) or by email to<EMAIL_ADDRESS>Out of an abundance of
caution for members of the public and our staff, the EPA Docket Center
and Reading Room was closed to public visitors on March 31, 2020, to
reduce the risk of transmitting COVID-19. Our Docket Center staff will
continue to provide remote customer service via email, phone, and
webform. We encourage the public to submit comments via https://www.regulations.gov or email, as there is a temporary suspension of
mail delivery to the EPA, and no hand deliveries are currently
accepted.
    The EPA's policy is that all comments received will be included in
the public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Mr. Matthew Witosky, Sector Policies
and Programs Division (E143-05), U.S. Environmental Protection Agency,
Research Triangle Park, NC 27711; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents explaining in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at https://www.regulations.gov/. The telephone number for the Docket Center is
(202) 566-1742. For additional information about EPA's Docket Center
services and

the current status, please visit us online at http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting
comments and information to enable it to (1) evaluate whether the
proposed collection of information is necessary for the proper
performance of Agency functions; (2) 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; (3) enhance the quality, utility, and clarity of the information
to be collected; and (4) minimize the burden of the collection of
information on responders, 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. The 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. At that time, the EPA
will issue another Federal Register document to announce the submission
of the ICR to OMB and the opportunity to submit additional comments to
OMB.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Ethylene Oxide (EtO) Commercial Sterilization
and Fumigation Operations were finalized in December 1994 (59 FR 62585)
at 40 CFR part 63, subpart O. The NESHAP establishes emission standards
for both major and area sources that use at least 1 ton of EtO in
sterilization or fumigation operations in each 12-month period. The
standards require existing and new major sources to control emissions
to the level achievable by the maximum achievable control technology
and require existing and new area sources to control emissions using
generally available control technology. The current standards address
EtO emissions originating at two of the three major emissions sources:
The sterilization chamber vent and the aeration room vent. The third
major EtO emissions source is the chamber exhaust vent (CEV), and while
the 1994 NESHAP regulated emissions from CEVs, relevant standards were
later removed due to safety concerns (66 FR 55577, November 2, 2001).
To fulfill its requirements under sections 112(d) and 112(f) of the
Clean Air Act (CAA), the EPA completed a residual risk and technology
review for the NESHAP in 2006 and concluded, at that time, that no
revisions to the standards were necessary (71 FR 17712, April 7, 2006).
    More recently, in 2016, the EPA released its updated Integrated
Risk Information System value for EtO, which indicated that cancer
risks from EtO were significantly higher than previously understood.
Subsequently, the National Air Toxics Assessment (NATA) released in
August 2018, identified EtO emissions as a potential concern in several
areas across the country. The latest NATA estimates that EtO
significantly contributes to potential elevated cancer risks in some
census tracts across the U.S. (less than 1 percent of the total number
of tracts). Further investigation revealed commercial sterilization
using EtO as a source category contributing to some of these risks,
which has led the EPA to evaluate, in greater depth, potential options
to reduce emissions of EtO from the source category.
    Over the past year, the EPA has been gathering additional
information to evaluate opportunities to reduce EtO emissions through
potential rule revisions and more immediate emission reduction steps.
The goal of the data gathering efforts is to better understand the
emissions sources, measurement and monitoring techniques, and available
control technologies and their associated efficiencies.
    These data gathering efforts also included an advance notice of
proposed rulemaking (ANPRM) and a CAA section 114 questionnaire
requesting facility-specific data on process controls and operational
practices that may reduce the amount of EtO released into the ambient
air. The EPA published the ANPRM on December 12, 2019 (84 FR 67889). In
the ANPRM, the EPA solicited comments on a range of issues including
the modeling file and EtO annual usage, control of fugitive emissions,
CEV control and safety considerations, other point source control
options, and small business considerations. The public comments on the
ANPRM were due on February 10, 2020, and comments received are
available in the docket (https://www.regulations.gov/). Alongside the
ANPRM, the EPA exercised its authority under section 114(a) of the CAA
to initiate a questionnaire to gather information from nine companies
in December 2019. The instructions and questionnaire were posted to the
EPA web page \1\ where they were accessed by facilities. Facilities
were required to provide electronic responses within 60 days or by
February 6, 2020. Facility responses to the initial questionnaire have
been collected and compiled to create a source category database. While
these data gathering efforts have been successful in identifying
process controls and operational practices as possible methods for
reducing the amount of EtO released into the ambient air, there are
still several important information gaps that should be filled prior to
any future rulemaking activity.
---------------------------------------------------------------------------

    \1\ https://www.epa.gov/stationary-sources-air-pollution/ethylene-oxide-emissions-standards-sterilization-facilities.
---------------------------------------------------------------------------

    In reviewing the December 2019 questionnaire results, the EPA found
that each EtO commercial sterilization facility's equipment, equipment
configuration, processes, and pace of technological advancement is
unique. The most recent sector-level data collected by the EPA was
completed over 25 years ago for the development of the original NESHAP
and is now outdated. The combined data from this ICR and the December
2019 questionnaire will enable the EPA to obtain an updated,
comprehensive, and consistent dataset. The combined results provide the
EPA with the most information possible to achieve its objectives of
reducing EtO emissions and informing potential rule revisions.
    Therefore, the EPA is now contemplating exercising its authority
under section 114(a) of the CAA to broaden its data collection efforts
through this new ICR to include all facilities subject to 40 CFR part
63, subpart O. The data collected through this new ICR, as well as the
initial questionnaire, would enable the EPA to have a complete
understanding of all emissions, emissions sources, processes, and
control technologies in use at EtO sterilization facilities nationwide,
providing the most robust foundation for a potential future rulemaking.
Based on the EPA's knowledge of EtO sterilization facilities, an
estimated 108 facilities have been identified within the EtO commercial
sterilization source category. If OMB approves this new ICR,
respondents not included in the initial questionnaire would be required
to complete the questionnaire under the authority of section 114 of the
CAA. The EPA anticipates issuing the CAA section 114 letters by
December 2020. These letters would require owners or operators to
complete and submit the questionnaire within 90 days from the date they
receive the letter from the EPA. The ICR process, including the
instructions and questionnaire, would be identical to the questionnaire
that was initiated in December 2019. The instructions for the
questionnaire are an Adobe portable document format (PDF), and the
questionnaire is a Microsoft Excel workbook that is available in the
docket. The questionnaire contains 14 worksheets. Each worksheet has
one or

more tables designed to collect specific information as detailed in
Table 1.

           Table 1--Questionnaire Data Collection Form Design
------------------------------------------------------------------------
             Tab name                        Description of data
------------------------------------------------------------------------
Introduction......................  Introduction and instructions for
                                     completing and submitting the
                                     questionnaire.
Terms.............................  Definitions or explanations of
                                     technical terms.
Facility Details..................  Information about facility
                                     registrations, ownership, general
                                     characteristics, facility-level
                                     data.
Room Area.........................  Characteristics, inventory of
                                     components, and control of
                                     individual room areas where EtO is
                                     used or emitted.
EtO & EG Storage..................  Questions regarding EtO storage in
                                     drums and containers, and ethylene
                                     glycol (EG) tanks.
Sterilizer Chambers...............  Operation, monitoring, and control
                                     characteristics of sterilizer
                                     chambers, including chamber exhaust
                                     vents.
Aeration..........................  Details of aeration equipment.
APCD Summary......................  Information about all air pollution
                                     control devices operated by the
                                     facility.
APCD Details......................  Details regarding air pollution
                                     control devices such as scrubbers,
                                     catalytic oxidizers, thermal
                                     oxidizers, and others.
EtO Monitoring....................  Information about workspace
                                     monitoring, personal monitoring,
                                     room monitoring conducted by
                                     facility.
Miscellaneous.....................  Questions regarding facility's
                                     wastewater treatment and other
                                     items of EtO commercial
                                     sterilization operation.
Additional Info...................  Extra space to provide any
                                     additional information requested
                                     within the questionnaire.
Documents.........................  Designated fields for reporter to
                                     attach documents requested
                                     throughout the questionnaire (e.g.,
                                     facility diagram; process flow
                                     diagrams; air permit; permit
                                     application documents; startup,
                                     shutdown, malfunction plan; EtO
                                     calculations and supporting
                                     information; performance tests;
                                     engineering tests; parametric
                                     monitoring; standard operating
                                     procedures; EtO monitoring results;
                                     documentation of studies done on
                                     quantifying EtO residuals in your
                                     products; and other process and
                                     instrumentation diagrams).
Certification.....................  Reporter's information and
                                     certification for completing and
                                     submitting the questionnaire.
------------------------------------------------------------------------

    As described in the instructions and the questionnaire, facilities
may claim certain data as CBI in their response. There is a cell in
each worksheet to indicate whether the worksheet contains CBI and if
so, each cell containing data being claimed as CBI should be shaded
red. It should be noted that CAA section 114(c) exempts emissions data
from claims of confidentiality, and emissions data provided may be made
available to the public. Emissions data should not be marked
confidential. A definition of what the EPA considers emissions data is
provided in 40 CFR 2.301(a)(2)(i). Facilities claiming CBI must submit
both a non-confidential and confidential version of their response. All
non-confidential responses to the ICR would be submitted to the EPA via
email or on a thumb drive, CD-ROM, or DVD through the U.S. mail. All
confidential responses to the ICR would be submitted on a thumb drive,
CD-ROM, or DVD to the EPA through the U.S. mail. Non-confidential
information collected from this ICR will be made available to the
public. Any information designated as confidential by an ICR respondent
that the EPA subsequently determines to constitute CBI or a trade
secret under the EPA's CBI regulations at 40 CFR part 2, subpart B,
will be protected pursuant to those regulations and, for trade secrets,
under 18 U.S.C. 1905. If no claim of confidentiality accompanies the
information when it is received by the EPA, it may be made available to
the public by the EPA without further notice pursuant to the EPA
regulations at 40 CFR 2.203.
    Form numbers: None.
    Respondents/affected entities: Facilities subject to 40 CFR part
63, subpart O.
    Respondent's obligation to respond: Responses to the ICR are
mandatory under the authority of section 114 of the CAA.
    Estimated number of respondents: 66 (total).
    Frequency of response: Once.
    Total estimated burden: The estimated cumulative respondent burden
is 6,201 hours. The estimated cumulative Agency burden to administer
this ICR is 1,727 hours. Burden is defined at 5 CFR 1320.03(b).
    Total estimated cost: The estimated cumulative costs to respondents
is $569,967, including $995 operation and maintenance costs for media
and postage for submitting questionnaires containing CBI. The estimated
cumulative Agency costs is $100,049 including $1,440 operation and
maintenance costs for data storage.

    Dated: June 5, 2020.
Penny Lassiter,
Director, Sector Policies and Programs Division.
[FR Doc. 2020-12728 Filed 6-11-20; 8:45 am]
BILLING CODE 6560-50-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES January 6, 2005 MEMORANDUM SUBJECT: Review of materials submitted by Dow in support of proposed amendments to the Section G Experimental Use Permit ( EUP No: 68467 EUP 7, DP# 310100) for Cry34/ 35Ab1 corn. Submission dated February 10, 2004 and revised December 20, 2004.

TO: Michael Mendelsohn Senior Regulatory Action Leader Microbial Pesticides Branch, Biopesticides and Pollution Prevention Division ( 7511C)

FROM: Tessa Milofsky, M. S. Agronomist Microbial Pesticides Branch, Biopesticides and Pollution Prevention Division ( 7511C)

PEER REVIEW: Alan Reynolds, M. S. Entomologist Microbial Pesticides Branch, Biopesticides and Pollution Prevention Division ( 7511C)

CONCLUSION This request to extend the duration and increase the acreage of the existing Cry34/ 35 EUP is acceptable. It is recommended that 3,096 EUP acres should be granted ( 4,946 acres requested).

RECOMMENDATIONS   Proposed acreage for the Cry34/ 35Ab1 corn breeding and observation nursery, Cry34/ 35Ab1 corn efficacy trial, and insect resistance management studies is similar to that approved for the existing EUP and is considered acceptable. It is recommended, however, that future submissions should provide more detailed protocol descriptions ( e. g. states where specific trials will be conducted, number of trials per state, number of hybrid/ inbred lines to be tested, etc.) that clearly justify the need for the trial and acreage. 2   Given available information, it is recommended that 2,000 acres should be granted for agronomic observation trials ( 2,401 acres were requested). Information on the number of experimental locations per state, acres per location, and hybrid/ inbred lines tested should be provided in the final report.

  The registrant requested 2,199 EUP acres to evaluate glufosinate ammonium herbicide tolerance in Cry34/ 35Ab1 corn lines. A variety of effective laboratory, greenhouse, and small scale field plot bioassays are frequently used to verify the presence of herbicide tolerance genes in transgenic corn. However, field scale trials can be necessary to evaluate the effect that herbicide applications may have on plant development, flowering time, herbicide susceptibility/ resistance, herbicide injury scores, " staygreen", and barren plant counts. Although fieldbased assays can require considerable acreage, the submission does not provide sufficient information to justify the 2,199 acre request. Given available information, it is recommended that 750 acres should be granted for this protocol.

  The participant/ collaborator information is sufficient provided that collaborator names and contact information are submitted prior to experiment initiation.

  The final Section G submission addressed most deficiencies identified by the Agency. However, state by state breakdowns of acreage and locations needed per protocol were not included. It is recommended that these details should be provided in the final report.

BACKGROUND This is a request to extend the duration and increase the allowable acreage permitted under the EUP granted for Cry34/ 35Ab11 corn, which protects against western corn rootworm ( WCRW; Diabrotica virgifera virgifera) and northern corn rootworm ( NCRW; Diabrotica berberi) . The EUP also includes acreage for stacked events, containing Cry34/ 35Ab1 and Cry1F insecticidal proteins, which provide combined protection against corn rootworm and lepidopteran pests. The present EUP ( last amended April 29, 2004) permits test plant cultivation on 1,177 acres in 25 different states ( including Puerto Rico) and is slated to expire April 30, 2005. Cry34Ab1 and Cry35Ab1 proteins are temporarily exempted ( exemption will expire April 30, 2006) from the requirement of a tolerance when used as plant incorporated protectants in the food and feed commodities of field corn, sweet corn, and popcorn ( CFR 2004, § 180.1242). Consequently, non crop destruct status has been granted, meaning that confinement and destruction of plant material ( e. g. pollen, seeds, stalks, etc.) is not required. It should be noted, however, that 1 The EUP covers corn containing the Cry34/ 35Ab1 Insecticidal Crystal Protein ( ICP) produced by construct 17662 ( events DAS 45216 6, DAS 59122 7, DAS 45214 4, DAS 59110 4, DAS 59132 8, DAS 06317 5) and could include corn produced by traditional breeding of the rootworm protected corn with lepidopteran protected Bt corn ( e. g. Herculex 1 Corn ( Bt Cry1F, event 1507). 3 a Scientific Advisory Panel is scheduled to meet on March 1 2, 2005 " to consider and review human health issues associated with the Cry34Ab1 protein".

PROGRAM REVIEW The submission requests that the present EUP be extended until April 30, 2006, so that the registrant can " fully evaluate this product and its benefits." The registrant also requests that the allowable acreage be increased to 4,946 acres for the 2005 growing season. The attached EUP spreadsheet ( Appendix A) describes the proposed acreages for each state. It should be noted that the product's temporary exemption from tolerance expires April 30, 2006 and thus, corresponds with the proposed expiration date of the existing EUP.

Participant/ Collaborator Information The names, telephone numbers, and mailing addresses of participants who will supervise experimental work covered under this EUP are provided in the submission. Information on cooperators was not included, yet the registrant states that this listing will be provided prior to planting or initiation of the research trials.

BPPD Review Participant/ collaborator information is sufficient provided that undisclosed collaborator names and contact information are submitted prior to experiment initiation.

Acreage Calculation Total EUP acreage is equivalent to the sum of the acreage comprised in each EUP test block. This calculation would include all EUP corn plants ( Cry34/ 35 and stacked plants), non EUP corn plants ( e. g. breeding plants or isoline control plots), and associated border rows contained within the perimeter of the test block. The section also includes field plans that illustrate how blocks of EUP corn may be positioned in relation to non EUP corn fields, providing a visual representation of experimental block location.

BPPD Review This approach to EUP acreage calculation is acceptable.

Field Trial Containment/ Disposition Procedures Field trial containment is said to comply with the USDA APHIS performance standards for regulated corn trials. Six approaches to gene flow containment are listed ( e. g. bagging, 660 ft. isolation, temporal isolation, etc.), of which one or more will be used in the proposed trials.

Sections covering plant sampling, harvest procedures, final disposition, and volunteer plant monitoring, include brief ( from one to several sentences) descriptions of containment procedures that may be implemented during these phases.

BPPD Review The isolation methods presented are acceptable. 4 Specific Trial Protocols Specific trial protocols implemented for the period March 2004 March 2005 and proposed for the period March 2005 April 2006 are listed below. Two tables are presented for 2005 2006, because the initial request ( submitted 2 5 04) was replaced by a revised submission dated 12 20 04. It should be noted that the revised Section G was submitted in response the Agency's request for more information on agronomic observation and demonstration trial protocols.

March 2004 March 2005 Requested/ Granted EUP Protocols EUP Acres Lbs. of Seed Breeding and observation nursery 277 4,617 Agronomic observation trials 805 13,417 Glufosinate herbicide tolerance study 8 133 Efficacy trial 45 750 Insect resistance management studies 8 133 Demonstration trials 34 567 Totals 1,177 19,617 March 2005 April 2006 Requested ( 2 5 04) EUP Protocols EUP Acres Lbs. of Seed Breeding and observation nursery 277 4,617 Agronomic observation trials 4,070 40,017 Glufosinate herbicide tolerance study 8 36,650 Efficacy trial 44 733 Insect resistance management studies 8 417 Demonstration trials 3,280 54,666.7 Totals 7,687 128,117 March 2005 April 2006 Requested ( 12 20 04) EUP Protocols EUP Acres Lbs. of Seed Breeding and observation nursery 277 4,617 Agronomic observation trials 2,401 40,017 Glufosinate herbicide tolerance study 2,199 36,650 Efficacy trial 44 733 Insect resistance management studies 25 417 Totals 4,946 82,433 Protocol descriptions include information on the objective, experimental design, plot treatments, genotypes and vectors, and estimated planting and harvest schedules for each trial. Protocol objectives are listed below. 5 Protocol: Breeding and observation nursery Objective: Develop and evaluate a variety of Cry34/ 35Ab1 corn lines.

Protocol: Agronomic observation trials Objective: To assess agronomic and phenotypic effects that may result from inserting the Cry34/ 35Ab1 protein, and the genetic material required for its production, in corn lines.

Protocol: Glufosinate herbicide tolerance studies Objective: To evaluate the effect of glufosinate ammonium herbicide application on Cry34/ 35Ab1 corn lines.

Protocol: Efficacy trials Objective: To assess the efficacy of Cry34/ 35Ab1 corn lines in controlling western corn rootworm, northern corn rootworm, and other insects.

Protocol: Insect resistance management trials Objective: To provide information needed to develop IRM strategies appropriate for Cry34/ 35Ab1 corn lines. Experiments will focus on identifying Cry34/ 35 dose for corn rootworm pests.

Requested acreages for breeding and observation, efficacy trials, and insect resistance management protocols are generally in line with past EUP acreage requests for insect protected corn products. However, the acreage requested for agronomic observation and demonstration trials were considerably larger than those requested and granted for most EUPs. Consequently, the Agency requested that more detailed protocol descriptions should be submitted for these study areas. Additional information requested by the Agency included: descriptions of specific experimental trials included within a protocol, experimental objectives and expected outcomes for each trial, experimental design, number of hybrids to be used, number of locations required per protocol and/ or per experiment, acreage per experiment, and a table showing required acreage and number of experimental locations per state. The registrant was also notified that acreage for demonstration trials is generally not permitted under EUPs.

The revised Section G, dated December 20, 2004, included an updated acreage request ( these changes were not requested by the Agency). Most notably, demonstration acreage was removed, acreage for herbicide tolerance was raised from 8 acres to 2,199 acres, and acreage for agronomic observation trials was reduced from 4,070 to 2,401 acres. The revised submission also addressed some deficiencies identified for the agronomic observation protocol. Information presented for agronomic observation and herbicide tolerance protocols is summarized below. Other protocols are not summarized, because acreage requests for these trials are similar to what has been granted for other EUPs.

Agronomic observation protocol Acreage requested rose from 805 acres in 2004 to 2,401 ( revised Section G) acres in 2005. Examples of agronomic trials that may be conducted under this protocol include: 6 1. Hybrid yield: used to compare yield among hybrids; trials would have multiple replicates and contain as many as 150 to 200 hybrid varieties, with a variety of maturities ranging from 85 ( zone 2) to 115 ( zone 8) RM. 2. Inbred yield: used to compare yields and agronomic traits among inbred lines; as many as 25 inbreds may be evaluated. 3. Hybrid and inbred observation plots: conducted to observe differences in agronomic traits between different hybrids and their isogenic checks; as many as 200 to 225 hybrids and inbreds could be evaluated. 4. Flowering trials: important for evaluation of pollen shed, pollen viability, and the timing of flowering in relation to silk emergence on female plants; trials could be run in a variety of environments and soil types. 5. Grade out studies: conducted to evaluate seed size of female plants grown in multiple environments and soil types. 6. Disease susceptibility evaluations: used to evaluate hybrid susceptibility to grey leaf spot and other fungal diseases.

Herbicide tolerance protocol Requested acreage for glufosinate ammonium herbicide tolerance increased from 8 acres in 2004 to 2,199 acres in 2005 ( revised Section G). The stated objective of this protocol is " to evaluate the effect of glufosinate ammonium herbicide application on Cry34/ 35Ab1 corn lines and  confirm there will not be any reduction of expression of the PAT gene ( which confers herbicide tolerance)." The registrant further states, " A reduction in gene expression can be difficult to detect unless and until the PIP is planted widely in largescale environments."

Various experimental plot designs will be used. Experiments will include inbred lines, hybrids, and stacked products of varying genetic constitutions.

BPPD Review Proposed acreages for Cry34/ 35Ab1 corn breeding and observation nurseries, efficacy trials, and insect resistance management studies are acceptable. However, it is recommended that future submissions should include expanded discussions of all EUP protocols ( see Future Submissions section below).

Although trials included under the agronomic observation protocol are acceptable, the registrant's request for 2,401 acres may exceed the acreage required to complete necessary experiments. Additional information on the number of experimental locations per state, acres per location, and hybrid/ inbred lines tested could provide justification for greater acreage. However, given available information, it is recommended that 2,000 acres should be granted for these trials.

The registrant also requested 2,199 EUP acres to evaluate glufosinate ammonium herbicide tolerance in Cry34/ 35Ab1 corn lines. The protocol description states, "[ Cry34/ 35] plants may be evaluated for yield, and for effects of the herbicide on plant development and agronomic traits." Information on specific experiments is not provided. 7 Field scale trials can be useful in evaluating the effect that herbicide applications may have on plant development, flowering time, herbicide susceptibility/ resistance, herbicide injury scores, " staygreen", and barren plant counts. However, a variety of effective laboratory ( ELISA, PCR, and isozyme electrophoresis), greenhouse, and small scale field plot bioassays are frequently used, by industry and the research community alike, to verify the presence of herbicide tolerance genes in transgenic corn. These methods would require little, if any, EUP acreage.

Although the registrant's need for field based assays may be justified, the submission did not provide sufficient information ( e. g. objective, expected outcome, experimental design, number of hybrids to be tested, required acreage per location, etc.) to validate the 2,199 acre request. Given what is know about the herbicide tolerance protocol, it is recommended that 750 EUP acres should be granted for these trials.

March 2005 April 2006 EUP Acres EUP Protocols Requested Agronomically Justified Breeding and observation nursery 277 277 Agronomic observation trials 2,401 2,000 Glufosinate herbicide tolerance study 2,199 750 Efficacy trial 44 44 Insect resistance management studies 25 25 Totals 4,946 3,096 Final Report The final Section G submission addressed most deficiencies identified by the Agency. However, state by state breakdowns of acreage and locations needed per protocol were not included. Consequently, it is recommended that these details should be provided in the final report. Specifically, the final report should include:   A state by state breakdown of acreage per protocol.   A state by state breakdown of locations per protocol.   A listing of experiments conducted within each protocol.   Average acreage per location for each experiment included within each protocol ( ideally this would be presented on a state by state basis).

Future Submissions If EUP requests are to be objectively evaluated, it is strongly recommended that future submissions should include the following information:   Protocols to be conducted.   Experiments to be included within each protocol.   Estimated state by state breakdown of acreage per protocol.   Estimated state by state breakdown of locations per protocol.   Estimate of acreage and locations required for each experiment included within protocols ( ideally this would be presented on a state by state basis). 8   If an acreage increase is requested for one or more protocols, justification should be provided for those increases ( justification should be provided on a protocol by protocol basis).   Objective and brief description of each experiment included within protocols. Approximate number of hybrids/ inbreds/ isolines to be tested should also be included ( may be presented as average number of lines per location).   Clear explanation of acreage calculation, including a breakdown of EUP acreage designated for test plants, non test plants, and border rows included within experimental blocks.   It should be noted that EUP acreage designated for demonstration trials is generally considered inappropriate.


[Federal Register: February 24, 2006 (Volume 71, Number 37)]
[Notices]
[Page 9533-9534]
[DOCID:fr24fe06-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 2145-071 and 943-094]

Public Utility District No. 1 of Chelan County, Washington;
Notice of Application for Approval of Contract for the Sale of Power
for a Period Extending Beyond the Term of the License

February 16, 2006.
    Take notice that on February 9, 2006, Public Utility District No. 1
of Chelan County, Washington (Chelan PUD) filed with the Commission an
application for approval of a contract for the sale of power from its
licensed Rocky Reach Project No. 2145 and Rock Island Project No. 943,
for a period from the expiration of its existing licenses for those
Projects on June 30, 2006, and December 31, 2028, respectively, through
October 31, 2031. The Projects are located on the Columbia River in
Washington.
    Section 22 of the Federal Power Act, 16 U.S.C. 815, provides that
contracts for the sale and delivery of power for periods extending
beyond the termination date of a license may be entered into upon the
joint approval of the Commission and the appropriate state public
service commission or other similar authority in the state in which the
sale or delivery of power is made. Chelan PUD asserts that approval of
the submitted contract is in the public interest.
    Comments on the request for approval of the power sales contract or
motions to intervene may be filed with the Commission no later than
March 9, 2006, and replies to comments no later than March 20, 2006.
The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    All documents (an original and eight copies) must be filed with:
Magalie R. Salas, Secretary, Federal Energy

Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
Please put the names ``Rocky Reach Project No. 2145-071'' and ``Rock
Island Project No. 943-094'' on the first page of all documents.
    Comments may be filed electronically via the Internet in lieu of
paper. The Commission strongly encourages electronic filings. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site http://www.ferc.gov under the ``e-Filing'' link.

    A copy of the application is available for review in the
Commission's Public Reference Room or may be viewed on the Commission's
Web site http://www.ferc.gov using the ``eLibrary'' link. Enter the

docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC Online
Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances related to these projects or other pending projects. For
assistance, contact FERC Online Support.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-2618 Filed 2-23-06; 8:45 am]

BILLING CODE 6717-01-P