( 2) If the Administrator has not approved an implementation plan, the Administrator may delegate the authority to assist EPA with administration of portions of this Federal minor NSR program implemented under Federal authority to a tribal agency upon request, in accordance with the provisions of paragraph ( b) of this section. If the tribal agency has been granted such delegation, it will have the authority to assist EPA according to paragraph ( b) of this section.

( 3) If the Administrator has not approved an implementation plan or granted delegation to a tribal agency, the Administrator is the reviewing authority and will directly Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 158 administer all aspects of this Federal minor NSR program in Indian country under Federal authority.

( b) Delegation of administration of the Federal minor NSR program to tribes.

This paragraph ( b) establishes the process by which the Administrator may delegate authority to a tribal agency, with or without signature authority, to assist EPA with administration of portions of this Federal minor NSR program, in accordance with the provisions below in paragraphs ( b)( 1) through ( 8) of this section. Any Federal requirements under this program that are administered by the delegate tribal agency will be subject to enforcement by EPA under Federal law. This section provides for administrative delegation of the Federal minor NSR program and does not affect the eligibility criteria under ' 49.6 for treatment in the same manner as a State.

( 1) Information to be included in the Administrative Delegation Request. In order to be delegated authority to assist EPA with administration of this FIP permit program for sources, the tribal agency must submit a request to the Administrator that:

( i) Identifies the specific provisions for which delegation is requested;

( ii) Identifies the Indian Reservation or other areas of Indian country for which delegation is requested;

( iii) Includes a statement by the applicant= s legal counsel ( or equivalent official)

that includes the following information:

( A) A statement that the applicant is a tribe recognized by the Secretary of the Interior;

( B) A descriptive statement that is consistent with the type of information Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 159 described in ' 49.7( a)( 2) demonstrating that the applicant is currently carrying out substantial governmental duties and powers over a defined area; and ( C) A description of the laws of the tribe that provide adequate authority to administer the Federal rules and provisions for which delegation is requested; and ( iv) Demonstrates that the tribal agency has the technical capability and adequate resources to administer the FIP provisions for which the delegation is requested.

( 2) Delegation of Partial Administrative Authority Agreement. A Delegation of Partial Administrative Authority Agreement ( Agreement) will set forth the terms and conditions of the delegation, will specify the provisions that the delegate tribal agency will be authorized to implement on behalf of EPA, and will be entered into by the Administrator and the delegate tribal agency. The Agreement will become effective upon the date that both the Administrator and the delegate tribal agency have signed the Agreement or as otherwise stated in the Agreement. Once the delegation becomes effective, the delegate tribal agency will be responsible, to the extent specified in the Agreement, for assisting EPA with administration of the provisions of the Federal minor NSR program that are subject to the Agreement.

( 3) Publication of notice of the Agreement. The Administrator will publish a notice in the Federal Register informing the public of any Agreement for a particular area of Indian country. The Administrator also will publish the notice in a newspaper of general circulation in the area affected by the delegation. In addition, the Administrator will mail a copy of the notice to persons on a mailing list developed by the Administrator consisting of those persons who have requested to be placed on such a mailing list. Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 160 ( 4) Revision or revocation of an Agreement. An Agreement may be modified,

amended, or revoked, in part or in whole, by the Administrator after consultation with the delegate tribal agency.

( 5) Transmission of information to the Administrator. When administration of a portion of the Federal minor NSR program in Indian country that includes receipt of permit application materials and preparation of draft permits has been delegated in accordance with the provisions of this section, the delegate tribal agency must provide to the Administrator a copy of each permit application ( including any application for permit revision) and each draft permit. The applicant may be required by the delegate tribal agency to provide a copy of the permit application directly to the Administrator. With the Administrator= s consent, the delegate tribal agency may submit to the Administrator a permit application summary form and any relevant portion of the permit application, in place of the complete permit application. To the extent practicable, the preceding information should be provided in electronic format as requested by the Administrator.

( 6) Waiver of information transmission requirements. The Administrator may waive the requirements of paragraph ( b)( 5) of this section for any category of sources ( including any class, type, or size within such category) by transmitting the waiver in writing to the delegate tribal agency.

( 7) Retention of records. Where a delegate tribal agency prepares draft or final permits or receives applications for permit revisions on behalf of EPA, the records for each draft and final permit or application for permit revision must be kept by the delegate tribal agency for a period not less than 5 years. The delegate tribal agency must also Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 161 submit to the Administrator such information as the Administrator may reasonably require to ascertain whether the delegate tribal agency is implementing and administering the delegated program in compliance with the requirements of the Act and of this program.

( 8) Delegation of signature authority. To receive delegation of signature authority, the legal statement submitted by the tribal agency pursuant to paragraph ( b)( 1)

of this section must certify that no applicable provision of tribal law requires that a minor NSR permit be issued after a certain time if the delegate tribal agency has failed to take action on the application ( or includes any other similar provision providing for default issuance of a permit).

( c) Are there any non delegable elements of the Federal minor NSR program in Indian country? The following authorities cannot be delegated outside of EPA:

( 1) The Administrator's authority to object to the issuance of a minor NSR permit.

( 2) The Administrator= s authority to enforce, revoke, or terminate permits issued pursuant to this program.

( d) How will EPA transition its authority to an approved minor NSR program?

( 1) The Administrator will suspend the issuance of minor NSR permits under this program promptly upon publication of notice of approval of an implementation plan with a minor NSR permit program for that area.

( 2) The Administrator may retain jurisdiction over the permits for which the administrative or judicial review process is not complete and will address this issue in the notice of program approval.

( 3) After approval of a program for issuing minor NSR permits and the Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 162 suspension of issuance of minor NSR permits by the Administrator, the Administrator will continue to administer minor NSR permits until permits are issued under the approved implementation plan program.

'' 49.161 49.165 [ Reserved]

3. Subpart C of Part 49 is amended by adding an undesignated center heading, a table of contents, and '' 49.166 through 49.175 to read as follows:

Federal Major New Source Review Program for Nonattainment Areas in Indian Country Sec.

' 49.166 Program overview ( a) What constitutes the Federal major new source review ( NSR) program for nonattainment areas in Indian country? ( b) What is the purpose of this program? ( c) When and where does this program apply? ( d) What general provisions apply under this program?

' 49.167 Definitions ' 49.168 Does this program apply to me?

' 49.169 Permit approval criteria ( a) What are the general criteria for permit approval? ( b) What are the program specific criteria for permit approval?

' 49.170 Emission offset requirement exemption ( a) Section 173( a)( 1)( B) Economic Development Zone ( EDZ) option ( b) Appendix S, paragraph VI option ' 49.171 Public participation requirements ( a) What permit information will be publicly available? ( b) How will the public be notified and participate? ( c) How will the public comment, and will there be a public hearing?

' 49.172 Final permit issuance and administrative and judicial review ( a) How will final action occur, and when will my permit become effective? ( b) For how long will the reviewing authority retain my permit related records? ( c) What is the administrative record for each final permit? ( d) Can permit decisions be appealed? ( e) Can my permit be reopened? Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 163 ' 49.173 Administration and delegation of the nonattainment major NSR program in Indian country ( a) Who administers a nonattainment major NSR program in Indian country? ( b) Delegation of administration of the Federal nonattainment major NSR program to tribes ( c) Are there any non delegable elements of the Federal nonattainment major NSR program in Indian country? ( d) How will EPA transition its authority to an approved nonattainment major NSR program?

'' 49.174 49.175 [ Reserved]

' 49.166 Program overview.

( a) What constitutes the Federal major new source review ( NSR) program for nonattainment areas in Indian country? As set forth in this Federal Implementation Plan ( FIP), the Federal major NSR program for nonattainment areas in Indian country ( or Aprogram@) consists of '' 49.166 through 49.175.

( b) What is the purpose of this program? This program has the following purposes:

( 1) It establishes a preconstruction permitting program for new major stationary sources and major modifications at existing major stationary sources located in nonattainment areas in Indian country to meet the requirements of part D of title I of the Act.

( 2) It requires that major stationary sources subject to this program comply with the provisions and requirements of part 51, appendix S of this chapter ( appendix S).

Additionally, it sets forth the criteria and procedures in appendix S that the reviewing authority ( as defined in ' 49.167) will use to approve permits under this program. Note that for the purposes of this program, the term ASIP@ as used in appendix S means any Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 164 EPA approved implementation plan, including a Tribal Implementation Plan ( TIP). While some of the important provisions of appendix S are paraphrased in various paragraphs of this program to highlight them, the provisions of appendix S govern.

( 3) It also sets forth procedures for appealing a permit issued under this program as provided in ' 49.172.

( c) When and where does this program apply?

( 1) The provisions of this program apply to new major stationary sources and major modifications at existing major stationary sources located in nonattainment areas in Indian country where there is no EPA approved nonattainment major NSR program beginning on [ in final rule insert date 60 days after promulgation]. The provisions of this program apply only to stationary sources and modifications that are major for the regulated NSR pollutant( s) for which the area is designated nonattainment.

( 2) The provisions of this program cease to apply in an area covered by an EPAapproved implementation plan on the date that our approval of that plan becomes effective, provided that the plan includes provisions that comply with the requirements of part D of title I of the Act and ' 51.165 of this chapter for the construction of new major stationary sources and major modifications at existing major stationary sources in nonattainment areas.

( d) What general provisions apply under this program? The following general provisions apply under this program: Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 165 ( 1) If you15 propose to construct a new major stationary source or a major modification at an existing major stationary source in a nonattainment area in Indian country, you must obtain a major NSR permit under this program before beginning actual construction. If you commence construction after the effective date of this program without applying for and receiving a permit pursuant to this program, you will be subject to appropriate enforcement action.

( 2) If you do not construct or operate your source or modification in accordance with the terms of your major NSR permit issued under this program, you will be subject to appropriate enforcement action.

( 3) Issuance of a permit under this program does not relieve you of the responsibility to comply fully with applicable provisions of any EPA approved implementation plan or FIP and any other requirements under applicable law.

( 4) Nothing in this program prevents a tribe from administering a major NSR permit program with more stringent requirements in an approved TIP.

' 49.167 Definitions.

For the purposes of this program, the definitions in paragraph II. A of appendix S apply, unless otherwise stated. The following definitions also apply to this program:

Allowable emissions means Aallowable emissions@ as defined in paragraph II. A. 11 of appendix S, except that the allowable emissions for any emissions unit are calculated considering any emission limitations that are enforceable as a practical matter on the 15 In this regulation, the term Ayou@ refers to owners and operators of stationary sources of air pollution Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 166 emissions unit's potential to emit.

Enforceable as a practical matter means that an emission limitation or other standard is both legally and practically enforceable as follows:

( 1) An emission limitation or other standard is Alegally enforceable@ if the reviewing authority has the right to enforce it.

( 2) Practical enforceability for an emission limitation or for other standards ( design standards, equipment standards, work practices, operational standards, pollution prevention techniques) in a permit for a stationary source is achieved if the permit's provisions specify:

( i) A limitation or standard and the emissions units or activities at the stationary source subject to the limitation or standard;

( ii) The time period for the limitation or standard ( e. g., hourly, daily, monthly,

and/ or annual limits such as rolling annual limits); and ( iii) The method to determine compliance, including appropriate monitoring,

recordkeeping, reporting, and testing.

( 3) For rules and general permits that apply to categories of stationary sources,

practicable enforceability additionally requires that the provisions:

( i) Identify the types or categories of sources that are covered by the rule or general permit;

( ii) Where coverage is optional, provide for notice to the reviewing authority of the source's election to be covered by the rule or general permit; and ( iii) Specify the enforcement consequences relevant to the rule or general permit. Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 167 Environmental Appeals Board means the Board within the EPA described in ' 1.25( e) of this chapter.

Indian country, as defined in 18 U. S. C. 1151, means the following:

( 1) All land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights of way running through the reservation; 16 ( 2) All dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State; and ( 3) All Indian allotments, the Indian titles to which have not been extinguished,

including rights of way running through the same.

Indian governing body means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self government.

Regulated NSR pollutant, for purposes of this program, means the following:

( 1) Nitrogen oxides or any volatile organic compounds;

( 2) Any pollutant for which a national ambient air quality standard has been promulgated; or ( 3) Any pollutant that is a constituent or precursor of a general pollutant listed under paragraphs ( 1) or ( 2) of this definition, provided that a constituent or precursor 16 Under this definition, EPA treats as reservations trust lands validly set aside for the use of a tribe even if the trust lands have not been formally designated as a reservation. Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 168 pollutant may only be regulated under NSR as part of regulation of the general pollutant.

Reviewing authority means the Administrator and may mean an Indian tribe in cases where a tribal agency is assisting EPA with administration of the program through a delegation under ' 49.173.

Synthetic minor source means a stationary source that otherwise has the potential to emit regulated NSR pollutants in amounts that are at or above those for major stationary sources in appendix S, but that has taken a restriction such that its potential to emit is less than such amounts for major stationary sources. Such restrictions must be enforceable as a practical matter. The term Asynthetic minor source@ applies independently for each regulated NSR pollutant that the stationary source has the potential to emit Synthetic minor HAP source means a stationary source that otherwise has the potential to emit HAPs in amounts that are at or above those for major sources of HAP in ' 63.2 of this chapter, but that has taken a restriction such that its potential to emit is less than such amounts for major sources. Such restrictions must be enforceable as a practical matter.

' 49.168 Does this program apply to me?.

( a) In a nonattainment area in Indian country, the requirements of this program apply to you under either of the following circumstances:

( 1) If you propose to construct a new major stationary source ( as defined in paragraph II. A. 4 of appendix S) of the nonattainment pollutant.

( 2) If you propose to construct a major modification at your existing major Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 169 stationary source ( as defined in paragraph II. A. 5 of appendix S), where your source is a major stationary source of the nonattainment pollutant and the proposed modification is a major modification for the nonattainment pollutant.

( b) If you own or operate a major stationary source with a State issued nonattainment major NSR permit, you must apply to convert such permit to a Federal permit under this program by [ in final rule insert date 1 year and 60 days after promulgation]. In this case, you would not be subject to any additional requirements under this program.

( c) If you propose to establish a synthetic minor source or synthetic minor HAP source, or to construct a minor modification at your major stationary source, you will have to comply with the requirements of the Federal minor NSR program in Indian country at '' 49.51 to 49.165 or other EPA approved minor NSR program, as applicable.

' 49.169 Permit approval criteria.

( a) What are the general criteria for permit approval? The general review criteria for permits are provided in paragraph II. B of appendix S. In summary, that paragraph basically requires the reviewing authority to ensure that the proposed new major stationary source or major modification would meet all applicable emission requirements in the EPAapproved implementation plan or FIP, any applicable NSPS in part 60 of this chapter, and any applicable NESHAP in part 61 or part 63 of this chapter, before a permit can be issued.

( b) What are the program specific criteria for permit approval? The approval criteria or conditions for obtaining a major NSR permit for major stationary sources and Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 170 major modifications locating in nonattainment areas are given in paragraph IV. A of appendix S. In summary, these are the following:

( 1) The lowest achievable emission rate ( LAER) requirement for any NSR pollutant subject to this program.

( 2) Certification that all existing major stationary sources owned or operated by you in the same State as the proposed source or modification are in compliance or under a compliance schedule.

( 3) Emissions reductions ( offsets) requirement for any source or modification subject to this program.

( 4) A demonstration that the emission offsets will provide a net air quality benefit in the affected area.

' 49.170 Emission offset requirement exemption.

An Indian governing body may seek an exemption from the emission offset requirement [ see ' 49.169( b)( 3)] for major stationary sources and major modifications subject to this program that are located within the tribe= s Indian country pursuant to the following options:

( a) Section 173( a)( 1)( B) Economic Development Zone ( EDZ) option. Under section 173( a)( 1)( B) of the Act, major stationary sources and major modifications subject to this program may be exempted from the offset requirement if they are located in a zone targeted for economic development by the Administrator, in consultation with the Department of Housing and Urban Development ( HUD). Under the EDZ option, the Administrator would waive the offset requirement for such sources and modifications, Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 171 provided that:

( 1) The new major stationary source or major modification is located in a geographical area which meets the criteria for an EDZ, and the Administrator has approved a request from a tribe and declared the area an EDZ; and ( 2) The State/ tribe demonstrates that the new permitted emissions are consistent with the achievement of reasonable further progress pursuant to section 172( c)( 4) of the Act, and will not interfere with attainment of the applicable NAAQS by the applicable attainment date.

( b) Appendix S, paragraph VI option. Pursuant to paragraph VI of appendix S,

for a new major stationary source or major modification locating in a nonattainment area for which the attainment date has not yet passed, such source or modification would be exempt from all requirements of this program, including the offset requirement, provided all the following conditions are met:

( 1) The new major stationary source or major modification complies with any applicable EPA approved implementation plan or FIP emission limitations.

( 2) The new major stationary source or major modification will not interfere with the attainment date for a regulated NSR pollutant.

( 3) The Administrator has determined that conditions specified above in paragraphs ( b)( 1) and ( 2) of this section are satisfied and such determination is published in the Federal Register.

' 49.171 Public participation requirements.

( a) What permit information will be publicly available? With the exception of any Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 172 confidential information as defined in part 2, subpart B of this chapter, the reviewing authority must make available for public inspection the documents listed below in paragraphs ( a)( 1) through ( 4) of this section. The reviewing authority must make such information available for public inspection at the appropriate EPA Regional Office and in at least one location in the area affected by the stationary source, such as the tribal environmental office or a local library.

( 1) All information submitted as part of an application for a permit.

( 2) Any additional information requested by the reviewing authority.

( 3) The reviewing authority= s analysis of the application and any additional information submitted by you, including the LAER analysis and, where applicable, the analysis of your emissions reductions ( offsets) and your demonstration of a net air quality benefit in the affected area.

( 4) A copy of the draft permit or the decision to deny the permit with the justification for denial.

( b) How will the public be notified and participate?

( 1) Before issuing a permit under this program, the reviewing authority must prepare a draft permit and must provide adequate public notice to ensure that the affected community and the general public have reasonable access to the application and draft permit information, as set out below in paragraphs ( b)( 1)( i) and ( ii) of this section. The public notice must provide an opportunity for public comment and notice of a public hearing, if any, on the draft permit.

( i) The reviewing authority must mail a copy of the notice to you, the appropriate Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 173 Indian governing body, and the tribal, State, and local air pollution authorities having jurisdiction in areas outside of the area of Indian country potentially impacted by the air pollution source.

( ii) Depending on such factors as the nature and size of your stationary source,

local air quality considerations, and the characteristics of the population in the affected area, the reviewing authority must use appropriate means of notification, such as those listed below in paragraphs ( b)( 1)( ii)( A) through ( E) of this section.

( A) The reviewing authority may mail or e mail a copy of the notice to persons on a mailing list developed by the reviewing authority consisting of those persons who have requested to be placed on such a mailing list.

( B) The reviewing authority may post the notice on its website.

( C) The reviewing authority may publish the notice in a newspaper of general circulation in the area affected by the source. Where possible, the notice may also be published in a tribal newspaper or newsletter.

( D) The reviewing authority may provide copies of the notice for posting at one or more locations in the area affected by the source, such as Post Offices, trading posts,

libraries, tribal environmental offices, community centers, or other gathering places in the community.

( E) The reviewing authority may employ other means of notification as appropriate.

( 2) The notice required pursuant to paragraph ( b)( 1) of this section must include the following information at a minimum: Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 174 ( i) Identifying information, including your name and address ( and plant name and address if different) and the name and telephone number of the plant manager/ contact.

( ii) The name and address of the reviewing authority processing the permit action;

( iii) The regulated NSR pollutants to be emitted, the affected emissions units, and the emission limitations for each affected emissions unit;

( iv) The emissions change involved in the permit action;

( v) Instructions for requesting a public hearing;

( vi) The name, address, and telephone number of a contact person in the reviewing authority= s office from whom additional information may be obtained;

( vii) Locations and times of availability of the information ( listed above in paragraph ( a) of this section) for public inspection; and ( viii) A statement that any person may submit written comments, a written request for a public hearing, or both, on the draft permit action. The reviewing authority must provide a period of at least 30 days from the date of the public notice for comments, and for requests for a public hearing.

( c) How will the public comment, and will there be a public hearing?

( 1) Any person may submit written comments on the draft permit and may request a public hearing. These comments must raise any reasonably ascertainable issue with supporting arguments by the close of the public comment period ( including any public hearing). The reviewing authority must consider all comments in making the final decision. The reviewing authority must keep a record of the commenters and of the issues raised during the public participation process, and such records must be available to the Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 175 public.

( 2) The reviewing authority must extend the public comment period under paragraph ( b) of this section to the close of any public hearing under this section. The hearing officer may also extend the comment period by so stating at the hearing.

( 3) A request for a public hearing must be in writing and must state the nature of the issues proposed to be raised at the hearing.

( 4) The reviewing authority must hold a hearing whenever there is, on the basis of requests, a significant degree of public interest in a draft permit. The reviewing authority may also hold a public hearing at its discretion, whenever, for instance, such a hearing might clarify one or more issues involved in the permit decision. The reviewing authority must provide notice of any public hearing at least 30 days prior to the date of the hearing.

Public notice of the hearing may be concurrent with that of the draft permit, and the two notices may be combined. Reasonable limits may be set upon the time allowed for oral statements at the hearing.

( 5) The reviewing authority must make a tape recording or written transcript of any hearing available to the public.

' 49.172 Final permit issuance and administrative and judicial review.

( a) How will final action occur, and when will my permit become effective? After decision on a permit, the reviewing authority must notify you of the decision, in writing,

and if the permit is denied, of the reasons for such denial. If the reviewing authority issues a final permit to you, it must make a copy of the permit available at any location where the draft permit was made available. In addition, the reviewing authority must provide Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 176 adequate public notice of the final permit decision to ensure that the affected community,

general public, and any individuals who commented on the draft permit have reasonable access to the decision and supporting materials. A final permit becomes effective 30 days after permit issuance, unless:

( 1) A later effective date is specified in the permit; or ( 2) Review of the final permit is requested under paragraph ( d) of this section ( in which case the specific terms and conditions of the permit that may be the subject of the request for review must be stayed); or ( 3) The draft permit was subjected to a public comment period and no comments requested a change in the draft permit or a denial of the permit, in which case the reviewing authority may make the permit effective immediately upon issuance.

( b) For how long will the reviewing authority retain my permit related records?

The records, including any required applications for each draft and final permit or application for permit revision, must be kept by the reviewing authority for not less than 5 years.

( c) What is the administrative record for each final permit?

( 1) The reviewing authority must base final permit decisions on an administrative record consisting of:

( i) All comments received during any public comment period, including any extension or reopening;

( ii) The tape or transcript of any hearing( s) held;

( iii) Any written material submitted at such a hearing; Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 177 ( iv) Any new materials placed in the record as a result of the reviewing authority= s evaluation of public comments;

( v) Other documents in the supporting files for the permit that were relied upon in the decisionmaking;

( vi) The final permit;

( vii) The application and any supporting data furnished by the applicant;

( viii) The draft permit or notice of intent to deny the application or to terminate the permit; and ( ix) Other documents in the supporting files for the draft permit that were relied upon in the decisionmaking.

( 2) The additional documents required under paragraph ( c)( 1) of this section should be added to the record as soon as possible after their receipt or publication by the reviewing authority. The record must be complete on the date the final permit is issued.

( 3) Material readily available or published materials that are generally available and that are included in the administrative record under the standards of paragraph ( c)( 1)

of this section need not be physically included in the same file as the rest of the record as long as it is specifically referred to in that file.

( d) Can permit decisions be appealed? Permit decisions may be appealed according to the following provisions:

( 1) The Administrator delegates authority to the Environmental Appeals Board ( the Board) to issue final decisions in permit appeals filed under this program, including informal appeals of denials of requests for modification, revocation and re issuance, or Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 178 termination of permits under paragraph ( e)( 2) of this section. An appeal directed to the Administrator, rather than to the Board, will be forwarded to the Board for consideration.

This delegation does not preclude the Board from referring an appeal or a motion under this program to the Administrator when the Board, in its discretion, deems it appropriate to do so. When an appeal or motion is referred to the Administrator by the Board, all parties shall be so notified and the provisions of this program referring to the Board shall be interpreted as referring to the Administrator.

( 2) Within 30 days after a final permit decision has been issued, any person who filed comments on the draft permit or participated in the public hearing may petition the Board to review any condition of the permit decision. Any person who failed to file comments and failed to participate in the public hearing on the draft permit may petition for administrative review only to the extent that the changes from the draft to the final permit or other new grounds were not reasonably foreseeable during the public comment period on the draft permit. The 30 day period within which a person may request review under this section begins when the reviewing authority has fulfilled the notice requirements for the final permit decision, unless a later date is specified in that notice.

( 3) The petition must include a statement of the reasons supporting the review,

including a demonstration that any issues identified were raised during the public comment period ( including any public hearing) to the extent required by these regulations, unless the petitioner demonstrates that it was impracticable to raise such objections within such period or unless the grounds for such objection arose after such period, and, when appropriate, a showing that the condition in question is based on: Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 179 ( i) A finding of fact or conclusion of law that is clearly erroneous; or ( ii) An exercise of discretion or an important policy consideration that the Board should, in its discretion, review.

( 4) The Board may also decide on its own initiative to review any condition of any permit issued under this program.

( 5) Within a reasonable time following the filing of the petition for review, the Board must issue an order either granting or denying the petition for review. To the extent review is denied, the conditions of the final permit decision become final agency action. If the Board grants review in response to requests under paragraph ( d)( 2) or ( 4)

of this section, public notice must be given as provided in ' 49.171( b). Public notice must set forth a briefing schedule for the appeal and must state that any interested person may file an amicus brief. If the Board denies review, the permit applicant and the person( s)

requesting review must be notified through means that are adequate to assure reasonable access to the decision, which may include mailing a notice to each.

( 6) A petition to the Board under paragraph ( d)( 2) of this section is, under 42 U. S. C. 307( b), a prerequisite to seeking judicial review of the final agency action.

( 7) For purposes of judicial review, final agency action occurs when a final permit is issued or denied by the reviewing authority and agency review procedures are exhausted. A final permit decision must be issued by the reviewing authority:

( i) When the Board issues notice to the parties that review has been denied;

( ii) When the Board issues a decision on the merits of the appeal and the decision does not include a remand of the proceedings; or Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 180 ( iii) Upon the completion of remand proceedings if the proceedings are remanded,

unless the Board's remand order specifically provides that appeal of the remand decision will be required to exhaust administrative remedies.

( 8) Notice of any final agency action on a permit shall promptly be published in the Federal Register.

( 9) Motions to reconsider a final order must be filed within 10 days after service of the final order. Every such motion must set forth the matters claimed to have been erroneously decided and the nature of the alleged errors. Motions for reconsideration under this provision must be directed to, and decided by, the Board. Motions for reconsideration directed to the Administrator, rather than to the Board, will be forwarded to the Board for consideration, except in cases in which the Board has deferred to the Administrator and the Administrator has issued the final order. A motion for reconsideration must not stay the effective date of the final order unless specifically so ordered by the Board.

( 10) For purposes of this section, time periods are computed as follows:

( i) Any time period scheduled to begin on the occurrence of an act or event must begin on the day after the act or event.

( ii) Any time period scheduled to begin before the occurrence of an act or event must be computed so that the period ends on the day before the act or event, except as otherwise provided.

( iii) If the final day of any time period falls on a weekend or legal holiday, the time period must be extended to the next working day. Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 181 ( iv) Whenever a party or interested person has the right or is required to act within a prescribed period after the service of notice or other paper upon him or her by mail, 3 days must be added to the prescribed time.

( e) Can my permit be reopened? Your permit can be reopened according to the following procedures:

( 1) Any person ( including the permittee) may petition the reviewing authority to reopen a permit for cause, and the reviewing authority may commence a permit reopening on its own initiative. The reviewing authority may not reopen a permit for cause unless it contains a material mistake or fails to assure compliance with applicable requirements. All requests must be in writing and must contain reasons supporting the request.

( 2) If the reviewing authority decides the request is not justified, the reviewing authority must send the requestor a brief written response giving a reason for the decision.

Denials of requests for revision, revocation and re issuance, or termination are not subject to public notice, comment, or hearings. Denials by the reviewing authority may be informally appealed to the Board by a letter briefly setting forth the relevant facts. The Board may direct the reviewing authority to begin revision, revocation and re issuance, or termination proceedings under paragraph ( e)( 3) of this section. The appeal must be considered denied if the Board takes no action within 60 days after receiving it. This informal appeal is, under 42 U. S. C. 307, a prerequisite to seeking judicial review of EPA action in denying a request for revision, revocation and re issuance, or termination.

( 3) If the reviewing authority decides the request is justified and that cause exists to revise, revoke and reissue or terminate a permit, it shall initiate proceedings to reopen Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 182 the permit.

' 49.173 Administration and delegation of the nonattainment major NSR program in Indian country.

( a) Who administers a nonattainment major NSR program in Indian country?

( 1) If the Administrator has approved a TIP that includes a major NSR program for stationary sources in nonattainment areas of Indian country that meets the requirements of part D of title I of the Act and ' 51.165 of this chapter, the tribe is the reviewing authority and will administer the approved major NSR program under tribal law.

( 2) If the Administrator has not approved an implementation plan, the Administrator may delegate the authority to assist EPA with administration of portions of this Federal nonattainment major NSR program implemented under Federal authority to a tribal agency upon request, in accordance with the provisions of paragraph ( b) of this section. If the tribal agency has been granted such delegation, it will have the authority to assist EPA according to paragraph ( b) of this section.

( 3) If the Administrator has not approved an implementation plan or granted delegation to a tribal agency, the Administrator is the reviewing authority and will directly administer all aspects of this Federal nonattainment major NSR program in Indian country under Federal authority.

( b) Delegation of administration of the Federal nonattainment major NSR program to tribes. This paragraph ( b) establishes the process by which the Administrator may delegate authority to a tribal agency, with or without signature authority, to assist Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 183 EPA with administration of portions of this Federal nonattainment major NSR program, in accordance with the provisions below in paragraphs ( b)( 1) through ( 8) of this section.

Any Federal requirements under this program that are administered by the delegate tribal agency will be subject to enforcement by EPA under Federal law. This section provides for administrative delegation of the Federal nonattainment major NSR program and does not affect the eligibility criteria under ' 49.6 for treatment in the same manner as a State.

( 1) Information to be included in the Administrative Delegation Request. In order to be delegated authority to assist EPA with administration of this FIP permit program for stationary sources, the tribal agency must submit a request to the Administrator that:

( i) Identifies the specific provisions for which delegation is requested;

( ii) Identifies the Indian Reservation or other areas of Indian country for which delegation is requested;

( iii) Includes a statement by the applicant= s legal counsel ( or equivalent official)

that includes the following information:

( A) A statement that the applicant is a tribe recognized by the Secretary of the Interior;

( B) A descriptive statement that is consistent with the type of information described in ' 49.7( a)( 2) demonstrating that the applicant is currently carrying out substantial governmental duties and powers over a defined area; and ( C) A description of the laws of the tribe that provide adequate authority to administer the Federal rules and provisions for which delegation is requested; and ( iv) Demonstrates that the tribal agency has the technical capability and adequate Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 184 resources to administer the FIP provisions for which the delegation is requested.

( 2) Delegation of Partial Administrative Authority Agreement. A Delegation of Partial Administrative Authority Agreement ( Agreement) will set forth the terms and conditions of the delegation, will specify the provisions that the delegate tribal agency will be authorized to implement on behalf of EPA, and will be entered into by the Administrator and the delegate tribal agency. The Agreement will become effective upon the date that both the Administrator and the delegate tribal agency have signed the Agreement or as otherwise stated in the Agreement. Once the delegation becomes effective, the delegate tribal agency will be responsible, to the extent specified in the Agreement, for assisting EPA with administration of the provisions of the Federal nonattainment major NSR program that are subject to the Agreement.

( 3) Publication of notice of the Agreement. The Administrator will publish a notice in the Federal Register informing the public of any Agreement for a particular area of Indian country. The Administrator also will publish the notice in a newspaper of general circulation in the area affected by the delegation. In addition, the Administrator will mail a copy of the notice to persons on a mailing list developed by the Administrator consisting of those persons who have requested to be placed on such a mailing list.

( 4) Revision or revocation of an Agreement. An Agreement may be modified,

amended, or revoked, in part or in whole, by the Administrator after consultation with the delegate tribal agency.

( 5) Transmission of information to the Administrator. When administration of a portion of the Federal nonattainment major NSR program in Indian country that includes Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 185 receipt of permit application materials and preparation of draft permits has been delegated in accordance with the provisions of this section, the delegate tribal agency must provide to the Administrator a copy of each permit application ( including any application for permit revision) and each draft permit. The applicant may be required by the delegate tribal agency to provide a copy of the permit application directly to the Administrator.

With the Administrator= s consent, the delegate tribal agency may submit to the Administrator a permit application summary form and any relevant portion of the permit application, in place of the complete permit application. To the extent practicable, the preceding information should be provided in electronic format as requested by the Administrator.

( 6) Waiver of information transmission requirements. The Administrator may waive the requirements of paragraph ( b)( 5) of this section for any category of stationary sources ( including any class, type, or size within such category) by transmitting the waiver in writing to the delegate tribal agency.

( 7) Retention of records. Where a delegate tribal agency prepares draft or final permits or receives applications for permit revisions on behalf of EPA, the records for each draft and final permit or application for permit revision must be kept by the delegate tribal agency for a period not less than 5 years. The delegate tribal agency must also submit to the Administrator such information as the Administrator may reasonably require to ascertain whether the delegate tribal agency is implementing and administering the delegated program in compliance with the requirements of the Act and of this program.

. ( 8) Delegation of signature authority. To receive delegation of signature Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 186 authority, the legal statement submitted by the tribal agency pursuant to paragraph ( b)( 1)

of this section must certify that no applicable provision of tribal law requires that a major NSR permit be issued after a certain time if the delegate tribal agency has failed to take action on the application ( or includes any other similar provision providing for default issuance of a permit).

( c) Are there any non delegable elements of the Federal nonattainment major NSR program in Indian country? The following authorities cannot be delegated outside of EPA:

( 1) The Administrator's authority to object to the issuance of a major NSR permit.

( 2) The Administrator= s authority to enforce, revoke, or terminate permits issued pursuant to this program.

( d) How will EPA transition its authority to an approved nonattainment major NSR program?

( 1) The Administrator will suspend the issuance of nonattainment major NSR permits under this program promptly upon publication of notice of approval of an implementation plan with a major NSR permit program for nonattainment areas.

( 2) The Administrator may retain jurisdiction over the permits for which the administrative or judicial review process is not complete and will address this issue in the notice of program approval.

( 3) After approval of a program for issuing nonattainment major NSR permits and the suspension of issuance of nonattainment major NSR permits by the Administrator, the Administrator will continue to administer nonattainment major NSR permits until permits Draft Do not quote, cite, copy, or distribute outside the agency. February 14, 2006 187 are issued under the approved implementation plan program.

'' 49.174 49.175 [ Reserved]

PART 51 B [ AMENDED]

1. The authority citation for part 51 continues to read as follows:

Authority: 23 U. S. C. 101; 42 U. S. C. 7401B7671 q.

Appendix S to Part 51 B [ Amended]

2. Appendix S to Part 51 is amended by revising paragraph II. B to read as follows:

Appendix S to Part 51 B Emission Offset Interpretative Ruling.

* * * * *

II. * * *

B. Review of all sources for emission limitation compliance. The reviewing authority must examine each proposed major new source and proposed major modification17 to determine if such a source will meet all applicable emission requirements in the SIP, any applicable new source performance standard in 40 CFR part 60, or any national emission standard for hazardous air pollutants in 40 CFR part 61 or part 63. * *

*

17 Hereafter the term source will be used to denote both any source and any modification.


[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Notices]
[Page 13401]
[FR Doc No: 2011-5586]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Docket No. ER11-2997-000]

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

    This is a supplemental notice in the above-referenced proceeding of
Vectren Retail, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is March 24, 2011.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC.
    There is an eSubscription link on the Web site that enables
subscribers to receive e-mail notification when a document is added to
a subscribed docket(s). For assistance with any FERC Online service,
please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll
free). For TTY, call<PHONE_NUMBER>.

    Dated: March 4, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-5586 Filed 3-10-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 17 (Friday, January 27, 2017)]
[Notices]
[Page 8631]
[FR Doc No: 2017-01828]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copy Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736

Extension: Form N-CSR
    SEC File No. 270-512, OMB Control No. 3235-0570

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') has submitted to the Office of
Management and Budget (``OMB'') a request for extension of the
previously approved collection of information discussed below.
    Form N-CSR (17 CFR 249.331 and 274.128) is a combined reporting
form used by registered management investment companies (``funds'') to
file certified shareholder reports under the Investment Company Act of
1940 (15 U.S.C. 80a-1 et seq.) (``Investment Company Act'') and the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) (``Exchange
Act''). Specifically, Form N-CSR is to be used for reports under
section 30(b)(2) of the Investment Company Act (15 U.S.C. 80a-29(b)(2))
and section 13(a) or 15(d) of the Exchange Act (15 U.S.C. 78m(a) and
78o(d)), filed pursuant to rule 30b2-1(a) under the Investment Company
Act (17 CFR 270.30b2-1(a)). Reports on Form N-CSR are to be filed with
the Securities and Exchange Commission (``Commission'') no later than
10 days after the transmission to stockholders of any report that is
required to be transmitted to stockholders under rule 30e-1 under the
Investment Company Act (17 CFR 270.30e-1). The information filed with
the Commission permits the verification of compliance with securities
law requirements and assures the public availability and dissemination
of the information.
    Form N-CSR is filed semi-annually, and the Commission estimates
that there are 3,449 respondents with 11,642 portfolios. The Commission
further estimates that the hour burden for preparing and filing a
report on Form N-CSR is 7.21 hours per portfolio. The total annual hour
burden for Form N-CSR, therefore, is estimated to be 167,878 hours. We
estimate that the cost burden of preparing and filing a report on Form
N-CSR is $132.35 and therefore estimate that the total annual cost
burden associated with Form N-CSR is $3,081,637.
    Estimates of average burden hours and costs are made solely for the
purposes of the Paperwork Reduction Act, and are not derived from a
comprehensive or even representative survey or study of the costs of
Commission rules and forms. Compliance with the collection of
information requirements of Form N-CSR is mandatory. Responses to the
collection of information will not be kept confidential. 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 public may view the background documentation for this
information collection at the following Web site: www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Chief Information
Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100
F Street NE., Washington, DC 20549 or by sending an email to:
<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days of
this notice.

    Dated: January 17, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-01828 Filed 1-26-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Rules and Regulations]
[Page 58693]
[FR Doc No: 2014-23187]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 175 and 181

46 CFR Parts 160 and 169

[Docket No. USCG-2013-0263]
RIN 1625-AC02

Personal Flotation Devices Labeling and Standards

AGENCY: Coast Guard, DHS.

ACTION: Final rule; correction.

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

SUMMARY: The Coast Guard published a final rule in the Federal Register
on September 22, 2014, which removes references to type codes in its
regulations on the carriage and labeling of Coast Guard-approved
personal flotation devices. Two extra characters were included in the
phone number for the Coast Guard person to contact for more information
about that rule. This document corrects that phone number.

DATES: This correction is effective September 30, 2014.

FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Ms. Brandi Baldwin, Lifesaving and Fire Safety Division,
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard published a final rule in
the Federal Register on September 22, 2014 (79 FR 56491), which when it
becomes effective on October 22, 2014, will remove references to type
codes in regulations on the carriage and labeling of Coast Guard-
approved personal flotation devices. In the FOR FURTHER INFORMATION
CONTACT section of the document, two characters, ``-2'' were
erroneously inserted between the area code and last seven digits of the
phone number. This document corrects the phone number to read ``202-
372-1394.''

Correction

    In rule FR Doc. 2014-22373, published on September 22, 2014, (79 FR
56491), make the following correction:
    On page 56491, in the second column, fourth line from the bottom,
remove ``-2''.

    Dated: September 24, 2014.
Katia Cervoni,
Chief, Office of Regulations and Administrative Law, U.S. Coast Guard.
[FR Doc. 2014-23187 Filed 9-29-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Notices]
[Pages 65543-65544]
[FR Doc No: 2012-26444]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP13-7-000]

Energy Corporation of America; Eastern American Energy
Corporation; First ECA Midstream LLC; Notice of Application

    Take notice that on October 16, 2012, Energy Corporation of America
and Eastern American Energy Corporation (collectively, ECA), and First
ECA Midstream LLC (First ECA Midstream), 501 56th Street SE.,
Charleston, West Virginia 25304, jointly filed in Docket No. CP13-2-
000, an application requesting: (1) Authorization, pursuant to section
7(b) of the Natural Gas Act (NGA) and Part 157 of the Commission's
regulations, to abandon the limited jurisdiction certificate issued to
ECA on March 25, 2004 in Docket No. CP03-355-000; and (2) issuance,
pursuant to section 7(c) of the NGA and Part 157 of the Commission's
regulations, of a limited jurisdiction certificate to First ECA
Midstream to allow it to continue operating certain gathering
facilities located in West Virginia acquired by First ECA Midstream
from ECA (Line 8000 System) in the same manner as ECA has operated the
facilities, all as more fully set forth in the application which is on
file with the Commission and open to public inspection.
    The applicants explain that First ECA Midstream has acquired the
Line 8000 System from ECA. ECA's limited jurisdiction certificate
allowed gas volumes to be received into the Line 8000 System from
Columbia Gas Transmission, LLC (Columbia) in order to provide service
to the extent local production gathered by the system became
insufficient to meet customers' needs. The applicants state that First
ECA, as the new owner and operator of the Line 8000 System, requires a
limited jurisdiction certificate for the same purpose, and they request
an order on or before December 1, 2012 to enable First ECA Midstream to
receive gas from Columbia if necessary during the winter season.
    Any questions regarding this application should be directed to:
Donald C. Supcoe, Energy Corporation of America, 501 56th Street SE.,
Charleston, WV 25304, or phone<PHONE_NUMBER>, or email
<EMAIL_ADDRESS>and Randall S. Rich, Pierce
Atwood LLP, 900 17th Street NW., Suite 350, Washington, DC 20006, or
phone<PHONE_NUMBER>, or email<EMAIL_ADDRESS>    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit an original and 7 copies of filings made with the Commission and
must mail a copy to the applicant and to every other party in the
proceeding. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.

    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 7 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426. This filing is accessible on-line at http://www.ferc.gov,
using the ``eLibrary'' link and is available for review in the
Commission's Public Reference Room in Washington, DC. There is an
``eSubscription'' link on the web site that enables subscribers to
receive email notification when a document is added to a subscribed
docket(s). For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: November 2, 2012.

    Dated: October 19, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-26444 Filed 10-26-12; 8:45 am]
BILLING CODE 6717-01-P