[Federal Register: December 9, 2009 (Volume 74, Number 235)]
[Notices]
[Page 65115]
[DOCID:fr09de09-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12107-003-MT; Flint Creek Hydroelectric Project]

Granite County, MT; Notice of Availability of Environmental
Assessment

December 2, 2009.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's regulations, 18 CFR part
380 (Order No. 486, 52 FR 47897), the Office of Energy Projects has
reviewed the application for an original license (Major Project) for
the Flint Creek Hydroelectric Project (project), and has prepared an
Environmental Assessment (EA). The proposed project would be located on
Flint Creek at the existing Georgetown Lake Dam, in the Upper Clark
Fork River basin near Philipsburg, in Granite County and Deer Lodge
County, Montana. The proposed project would occupy a total of 2,857.5
acres, of which 1,243.3 acres (1,243 reservoir acres and 0.3 land acre)
are within the Beaverhead-Deer Lodge National Forest, administered by
the U.S. Forest Service (Forest Service); 1,605.4 reservoir acres owned
by Granite County, Montana; and 8.8 acres of private lands.
    The EA contains the staff's analysis of the potential environmental
impacts of the project and concludes that licensing the project would
not constitute a major Federal action that would significantly affect
the quality of the human environment.
    A copy of the EA is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket (P-12107), number
field to access the document. For assistance, contact FERC Online
Support at<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>,
or for TTY,<PHONE_NUMBER>.
    You may also register online at http://www.ferc.gov/
esubscribenow.htm to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-
3676, or for TTY,<PHONE_NUMBER>.
    Any Comments should be filed within 30 days from the date of this
notice and should be addressed to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426. Please affix Project No. 12107-003, to all comments. 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 Commissions Web site
(http://www.ferc.gov) under the ``e-Filing'' link. For a simpler method
of submitting text-only comments, click on ``Quick Comment.''
    Please contact Gaylord Hoisington by telephone at<PHONE_NUMBER> or
by e-mail at<EMAIL_ADDRESS>if you have any questions.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-29281 Filed 12-8-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 5, 2008 (Volume 73, Number 24)]
[Proposed Rules]
[Page 6618-6620]
[DOCID:fr05fe08-19]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0116; Directorate Identifier 2007-NM-257-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Model Falcon 2000 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    Wing anti ice telescopic tubes (P/N [part number] 5035-400 and
5035-500) ball joints were originally designed with high temperature
polymer (Kynel TM) sealing rings. Temperature induced
cracking of these rings associated with long term wear has been
encountered in a small number of cases. This degradation may lead to
binding of the ball joint and high swiveling forces which may result
in improper operation of the leading edge slats and also in failure
of the ball joint mounting bracket with possible friction on the
aileron control rod, which could lead, if combined with a failure of
the aileron emergency actuator, to an aileron jamming.

    The unsafe condition is a jammed aileron, which results in reduced
controllability of the airplane. The proposed AD would require actions
that are intended to address the unsafe condition described in the
MCAI.

DATES: We must receive comments on this proposed AD by March 6, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building, Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0116;
Directorate Identifier 2007-NM-257-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We

will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2006-0276, dated September 6, 2006 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    Wing anti ice telescopic tubes (P/N [part number] 5035-400 and
5035-500) ball joints were originally designed with high temperature
polymer (Kynel TM) sealing rings. Temperature induced
cracking of these rings associated with long term wear has been
encountered in a small number of cases. This degradation may lead to
binding of the ball joint and high swiveling forces which may result
in improper operation of the leading edge slats and also in failure
of the ball joint mounting bracket with possible friction on the
aileron control rod, which could lead, if combined with a failure of
the aileron emergency actuator, to an aileron jamming.
    A replacement carbon based material has been defined by the
telescopic tube manufacturer Zodiac and can be applied per Zodiac
Service bulletins (SB) 5035-30-001 and 5035-30-002, resulting in P/N
re-designations 5035-600 Amdt.A and 5035-700 Amdt.A, respectively.
    The purpose of this Airworthiness Directive (AD), by requiring
modification of the wing anti-ice telescopic tubes in accordance
with the Zodiac service bulletins, is to ensure that no old
definition sealing rings remain in operation beyond a life limit of
2,400 flight hours (FH) or 2,000 flight cycles (FC).

The unsafe condition is a jammed aileron, which results in reduced
controllability of the airplane. You may obtain further information by
examining the MCAI in the AD docket.

Relevant Service Information

    Zodiac has issued Service Bulletins 5035-30-001 and 5035-30-002,
both dated April 15, 2002. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information

referenced above. We are proposing this AD because we evaluated all
pertinent information and determined an unsafe condition exists and is
likely to exist or develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 159 products of U.S. registry. We also estimate that
it would take about 4 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $1,423 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
costs. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $277,137, or $1,743 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Dassault Aviation: Docket No. FAA-2008-0116; Directorate Identifier
2007-NM-257-AD.

Comments Due Date

    (a) We must receive comments by March 6, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Dassault Model Falcon 2000 airplanes,
certificated in any category; all serial numbers; equipped with wing
anti-ice telescopic tubes having part number (P/N) 5035-400 or 5035-
500.

Subject

    (d) Air Transport Association (ATA) of America Code 30: Ice and
rain protection.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Wing anti ice telescopic tubes (P/N [part number] 5035-400 and
5035-500) ball joints were originally designed with high temperature
polymer (Kynel TM) sealing rings. Temperature induced
cracking of these rings associated with long term wear has been
encountered in a small number of cases. This degradation may lead to
binding of the ball joint and high swiveling forces which may result
in improper operation of the leading edge slats and also in failure
of the ball joint mounting bracket with possible friction on the
aileron control rod, which could lead, if combined with a failure of
the aileron emergency actuator, to an aileron jamming.
    A replacement carbon based material has been defined by the
telescopic tube manufacturer Zodiac and can be applied per Zodiac
Service bulletins (SB) 5035-30-001 and 5035-30-002, resulting in P/N
re-designations 5035-600 Amdt.A and 5035-700 Amdt.A, respectively.
    The purpose of this Airworthiness Directive (AD), by requiring
modification of the wing anti-ice telescopic tubes in accordance
with the Zodiac service bulletins, is to ensure that no old
definition sealing rings remain in operation beyond a life limit of
2,400 flight hours (FH) or 2,000 flight cycles (FC).
    The unsafe condition is a jammed aileron, which results in
reduced controllability of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) At the later of the compliance times specified in paragraphs
(f)(1)(i) and (f)(1)(ii) of this AD, remove and modify the affected
tubes in accordance with instructions contained in Zodiac Service
Bulletins 5035-30-001 and 5035-30-002, both dated April 15, 2002.
    (i) Before the telescopic tubes, P/N 5035-400 and 5035-500,
exceed the limit of 2,400 flight hours, or 2,000 flight cycles,
time-in-service since new, whichever occurs first.
    (ii) At the earlier of the times specified in paragraphs
(f)(1)(ii)(A) and (f)(1)(ii)(B) of this AD.
    (A) Within 330 flight hours after the effective date of this AD.
    (B) Within 7 months after the effective date of this AD.
    (2) As of 7 months after the effective date of this AD, no
person may install an affected telescopic tube P/N 5035-400 or 5035-
500 in any aircraft as a replacement part, unless it has been
modified in accordance with instructions contained in Zodiac Service
Bulletins 5035-30-001 and 5035-30-002, both dated April 15, 2002.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2006-0276, dated September 6, 2006; and
Zodiac Service Bulletins 5035-30-001 and 5035-30-002, both dated
April 15, 2002; for related information.

    Issued in Renton, Washington, on January 24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-1984 Filed 2-4-08; 8:45 am]

BILLING CODE 4910-13-P


Materials Characterization Paper

In Support of the

Advanced Notice of Proposed Rulemaking –

Identification of Nonhazardous Materials That Are Solid Waste

Spent Solvents and Related Materials

December 16, 2008

=====================================================================

1.	Definition of Spent Solvents

A solvent is a material used to dissolve or dilute another substance.
Examples of solvent use include degreasing, cleaning, and fabric
scouring, use as diluents, extractants, and reaction and synthesis
media.  A spent solvent is a solvent that has been used at least once
and cannot be used again for its original purpose without being
processed, due to contamination during its use.  This analysis addresses
only solvents that: 1) have potential fuel value (i.e., organic
solvents), and 2) are not considered hazardous under RCRA. Specifically,
this paper targets non-hazardous, non-halogenated, solvents.
Non-halogenated solvents include a variety of organic chemicals
(hydrocarbons, alcohols, ketones, esters, etc).

2.	Annual Quantities of Spent Solvents Generated and Used

Sectors that generate spent solvents:

A wide range of non-hazardous spent solvents are generated by a large
number of industries.  Generators of spent solvents can include
industries that use solvents, industries that recycle or process spent
solvents from other sources, and, in some cases, industries that
manufacture solvents. Facilities in the following NAICS industry sectors
focus specifically on the manufacture or management of solvents: 325998
– Recycling services for degreasing solvents (e.g., engine, machinery)
manufacturing; 325132 – Solvent dyes manufacturing; 324110 –
Solvents made in petroleum refineries; and 811111 – Automotive repair
and replacement shops.

Solvents are typically used in the following industries and
applications: coatings, cleaners, inks, adhesives, pharmaceuticals,
agricultural and food uses, personal care, automotive, microelectronics,
and aerosol products (American Chemistry Council 2008).

Quantities and prices of spent solvents generated:

Due to the wide variety of solvents produced and used, it is difficult
to characterize the quantity or prices of spent organic non-hazardous
solvents generated in the U.S.  Only a fraction of all solvents produced
return to the market as spent solvents; many are recycled and reused on
site by generators.  Total annual production of solvents exceeds 10
billion pounds (5 million tons) per year (Paint and Coatings Industry
2006).  This suggests that the total quantity of solvents that require
replacement could also be roughly five million tons per year.

The limited information available on markets for spent solvents focuses
on hazardous solvents; these are commonly used as fuel, and they are
“priced” to be less expensive to the generator than the avoided cost
of hazardous waste disposal, which can range from $0.41 to $2.13 per
gallon (Environmental Technology Council 2004).

Trends in generation of spent solvents:

Information on trends in generation of spent solvents is difficult to
assemble given the range of products and management options. National
demand for solvents is expected to rise by one percent a year to 12.5
billion pounds in 2010 (Paint and Coatings Industry 2006). However, as
interest in recycling, reuse, and waste minimization increases, and the
costs of reuse decrease, this projection may not hold.

3.	Uses of Spent Solvents

Combustion uses of spent solvents:

Solvents with sufficient calorific value and minimal contamination can
be readily used as fuel in a range of boilers, furnaces, and kilns.
However, readily available information suggests that non-hazardous
solvents do not represent a significant alternative fuel source.

Portland Cement Association data indicated that the BTU value per pound
of spent solvent varies due to the wide variety of solvent types
(Portland Cement Association 2007).

Solvents that are considered hazardous under RCRA frequently have fuel
values that are similar to coal.  Hazardous waste, as estimated by the
Assessment of the Potential Costs, Benefits, & Other Impacts of the
Hazardous Waste Combustion MACT Final Rule Standards, and the Economic
Analysis for the Proposed Emission Comparable Fuel rule (based on the
information contained in the hazardous waste constituent survey), has a
heating value between 12,200 and 13,500 Btu per pound.   In fact, a
number of these solvents appear to meet the definition of hazardous
waste because they are characteristic for ignitability, suggesting that
there is a strong correlation between hazardous solvents and high
fuel-value solvents.  This may suggest that non-hazardous solvents are
typically less valuable as a fuel source, but the variation among
solvents makes it difficult to draw any specific conclusion.

Non-combustion uses of spent solvents:

Most spent solvents can be reprocessed and recycled for use again in
their original form. Facilities that produce spent solvents may choose
to install recycling equipment in an effort to cut costs on virgin
solvent purchases (see, for example, Ohio EPA 2004; and NSBDCBEP). It is
difficult to estimate the quantities of non-hazardous spent solvents
disposed or kept in storage because they originate in many locations,
and are likely managed in a number of different ways.  It appears,
however, that recycling is a viable option for a significant percentage
of non-hazardous solvents.

4.	Management and Combustion processes

Types of units using spent solvents

It is possible that some non-hazardous, organic, solvents may have Btu
values that would give them value as a fuel source.  Hazardous solvents,
whose generation and management is tracked in the Biennial report, are
burned as fuel in a variety of liquid-fuel industrial boilers and cement
kilns.

One limitation concerning burning solvents may be the design of
combustion equipment.  Bullard (2007) notes that boiler and burner
manufacturers and other companies that support commercial and industrial
boilers have only limited experience with burning hazardous or
non-hazardous waste solvents. These boiler/burner supportive industries
are more familiar and more interested in working on projects involving
traditional fuels like natural gas and distillate, since this is the
fuel overwhelmingly in use in industry (Bullard 2007).

Cement kilns are experienced at burning hazardous waste solvents, along
with a range of other liquid wastes.  However, an industry contact noted
that EPA’s introduction of the exclusion rules in the 1990s that
removed materials with high Btu values, when used as fuels, from the
definition of solid waste, have resulted in more energy recovery from
solvents on-site at manufacturers; as a result, solvents have diminished
as a fuel source in the cement industry (Guerra 2008).

An EPA document source concerning industry impact information of boilers
suggests that some nonhazardous waste burning cement kilns use, among
various other secondary fuels, spent lubricants and solvents (EPA 2008).
These data are not sufficiently broken down to attribute any energy
savings information to spent solvents specifically.

Sourcing of spent solvents:

Spent solvents originate in many locations, and a national-level
collection and distribution system does not exist for all types of
solvents.  However, census data indicates that recycling of solvents is
widespread.  Recycling services for degreasing solvents (e.g., engine,
machinery) manufacturing includes 1,188 facilities that are involved in
the management of secondary solvents.  This does not address the on-site
recycling and fuel recovery activities that take place at generators.

Processing of spent solvents:

In some cases, only minimal processing is required to reuse spent
solvent on site, since it is not always necessary to have 100 percent
purity (Ohio EPA 2004). Alternatively, some types of solvents may not be
suitable for reuse even after significant processing (including physical
and chemical processes to remove impurities) and therefore must be
managed through an alternate method, including being used in a different
process or sold to another company for use.

State regulatory status of spent solvents use as ingredient:

At this stage, we have not identified any states that have specifically
granted a beneficial use designation for the use of spent solvents as
fuel, but we have not performed an exhaustive investigation of state
activities and regulations.

5.	Commodity Composition and Impacts

Composition of spent solvents:

The composition of spent solvents can vary widely depending on the
original chemical structure and the solvent, and the substance with
which it was first used.  To be useful as a non-hazardous fuel source,
solvents must have carbon (i.e., be organic).  However, other
constituents are difficult to characterize because they are based
largely on the specific process (e.g., cleaning production equipment) in
which the solvent was originally used.

Impacts of spent solvents use:

Data from the Portland Cement Association notes that the Btu value per
pound of spent solvent varies (Portland Cement Association 2007), but
when it can be used as an alternative fuel, it offsets use of primary
fuels.

Benefits associated with use of spent solvents as fuel include avoided
risks associated with disposal, cost savings associated with avoided
disposal and recovery of energy, and the avoided environmental impacts
associated with production of energy from “virgin” non-renewable
sources when solvents are used instead.

The specific lifecycle impacts of spent solvents used as a fuel are not
evaluated here because of uncertainties in lifecycle scenario
development.  For example, it is difficult to identify the fuel (Btu)
value and emissions factors associated with a “typical”
non-hazardous organic solvent that is suitable for fuel. In addition,
spent solvents may substitute for a variety of fuels; the choice of fuel
often depends on location specific-factors such as the location of the
combustor in relation to fuel supplies, and on the design of the
specific combustion unit. Avoided upstream impacts depend heavily on the
specific fuel being displaced in the lifecycle scenario.

References

Personal Communication with Erika Guerra, Holcim Ltd., August 26, 2008.

American Chemistry Council, “Solvents Industry Group: Solvents
Explained.” 2008. Available at
http://www.americanchemistry.com/s_acc/sec_solvents.asp?CID=1483&DID=558
6

Bullard, Jack L., P.E. “Determining the Technical Feasibility of
Firing Waste Solvent in an Existing Industrial or Commercial Boiler.”
Continuing Engineering Education Journal. Article #0015. 2007. Available
at: http://www.ceejpublishing.com/Articles/0015.htm

Environmental Technology Council, “May 2004 Incinerator and Landfill
Cost Data,”  2004. Available at: http://www.etc.org/costcurvey8.cfm

Nevada Small Business Development Center Business Environmental Program
(NSBDCBEP), “Solvent Recycling at Crumrine,” CS- FY9501018.
Available at: www.nsbdcbep.org/pdf/case/Crumrine.pdf

Ohio EPA, “Onsite solvent recycling equipment,” Office of Pollution
Prevention. September 2004, Number 9. Available at:
www.epa.state.oh.us/opp/solvents/fact9.pdf

Paint and Coatings Industry, “U.S. Solvents Demand to Exceed 12
Billion Pounds in 2010,” July 1, 2006. Available at:
http://www.pcimag.com/Articles/Industry_News/515aaeb98e85c010VgnVCM10000
0f932a8c0____

Portland Cement Association, “Beneficial Reuse of Materials in the
Cement Manufacturing Process.” PCA R&D Serial No. 2868. p. 8. 2007.

United States Environmental Protection Agency (EPA). 2008,
“Identification of Nonhazardous Materials That are Solid Waste.  EPA
Exhibit 1: Preliminary Estimate of Total Non Hazardous Secondary
Materials Used Annually in Boilers and Kilns.  Sept.  24, 2008

 PAGE

 PAGE   5

Spent Solvents and Related Materials


[Federal Register: July 15, 2009 (Volume 74, Number 134)]
[Notices]
[Page 34353-34357]
[DOCID:fr15jy09-103]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0296]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Food Labeling Regulations

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the information collection
provisions in FDA's food labeling regulations and on Form FDA 3570,
``Model Small Business Nutrition Labeling Exemption Notice,'' which
small businesses may use to claim the small business exemption from
nutrition labeling.

DATES: Submit written or electronic comments on the collection of
information by September 14, 2009.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information
Management (HFA-710), Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques,

when appropriate, and other forms of information technology.

Food Labeling Regulations--21 CFR Parts 101, 102, 104, and 105 (OMB
Control Number 0910-0381)--Extension

    FDA regulations require food producers to disclose to consumers and
others specific information about themselves or their products on the
label or labeling of their products. Related regulations require that
food producers retain records establishing the basis for the
information contained in the label or labeling of their products and
provide those records to regulatory officials. Finally, certain
regulations provide for the submission of food labeling petitions to
FDA. FDA's food labeling regulations under parts 101, 102, 104, and 105
(21 CFR parts 101, 102, 104, and 105) were issued under the authority
of sections 4, 5, and 6 of the Fair Packaging and Labeling Act (the
FPLA) (15 U.S.C. 1453, 1454, and 1455) and under sections 201, 301,
402, 403, 409, 411, 701, and 721 of the Federal Food, Drug, and
Cosmetic Act (the act) (21 U.S.C. 321, 331, 342, 343, 348, 350, 371,
and 379e). Most of these regulations derive from section 403 of the
act, which provides that a food product shall be deemed to be
misbranded if, among other things, its label or labeling fails to bear
certain required information concerning the food product, is false or
misleading in any particular, or bears certain types of unauthorized
claims. The disclosure requirements and other collections of
information in the regulations in parts 101, 102, 104, and 105 are
necessary to ensure that food products produced or sold in the United
States are in compliance with the labeling provisions of the act and
the FPLA.
    Section 101.3 of FDA's food labeling regulations requires that the
label of a food product in packaged form bear a statement of identity
(i.e., the name of the product), including, as appropriate, the form of
the food or the name of the food imitated. Section 101.4 prescribes
requirements for the declaration of ingredients on the label or
labeling of food products in packaged form. Section 101.5 requires that
the label of a food product in packaged form specify the name and place
of business of the manufacturer, packer, or distributor and, if the
food producer is not the manufacturer of the food product, its
connection with the food product. Section 101.9 requires that nutrition
information be provided for all food products intended for human
consumption and offered for sale, unless an exemption in Sec.  101.9(j)
applies to the product. Section 101.9(g)(9) also provides for the
submission to FDA of requests for alternative approaches to nutrition
labeling. Finally, Sec.  101.9(j)(18) provides for the submission to
FDA of notices from firms claiming the small business exemption from
nutrition labeling. FDA has developed Form FDA 3570 to assist small
businesses in claiming the small business exemption from nutrition
labeling. The form contains all the elements required by Sec.
101.9(j)(18).
    Section 101.10 requires that restaurants provide nutrition
information, upon request, for any food or meal for which a nutrient
content claim or health claim is made. Section 101.12(b) provides the
reference amount that is used for determining the serving sizes for
specific products, including baking powder, baking soda, and pectin.
Section 101.12(e) provides that a manufacturer that adjusts the
reference amount customarily consumed (RACC) of an aerated food for the
difference in density of the aerated food relative to the density of
the appropriate nonaerated reference food must be prepared to show FDA
detailed protocols and records of all data that were used to determine
the density-adjusted RACC. Section 101.12(g) requires that the label or
labeling of a food product disclose the serving size that is the basis
for a claim made for the product if the serving size on which the claim
is based differs from the RACC. Section 101.12(h) provides for the
submission of petitions to FDA to request changes in the reference
amounts defined by regulation.
    Section 101.13 requires that nutrition information be provided in
accordance with Sec.  101.9 for any food product for which a nutrient
content claim is made. Under some circumstances, Sec.  101.13 also
requires the disclosure of other types of information as a condition
for the use of a nutrient content claim. For example, under Sec.
101.13(j), if the claim compares the level of a nutrient in the food
with the level of the same nutrient in another ``reference'' food, the
claim must also disclose the identity of the reference food, the amount
of the nutrient in each food, and the percentage or fractional amount
by which the amount of the nutrient in the labeled food differs from
the amount of the nutrient in the reference food. It also requires that
when this comparison is based on an average of food products, this
information must be provided to consumers or regulatory officials upon
request. Section 101.13(q)(5) requires that restaurants document and
provide to appropriate regulatory officials, upon request, the basis
for any nutrient content claims they have made for the foods they sell.
    Section 101.14(d)(2) and (d)(3) provides for the disclosure of
nutrition information in accordance with Sec.  101.9 and, under some
circumstances, certain other information as a condition for making a
health claim for a food product. Section 101.15 provides that, if the
label of a food product contains any representation in a foreign
language, all words, statements, and other information required by or
under authority of the act to appear on the label shall appear thereon
in both the foreign language and in English. Section 101.22 contains
labeling requirements for the disclosure of spices, flavorings,
colorings, and chemical preservatives in food products. Section
101.22(i)(4) sets forth reporting and recordkeeping requirements
pertaining to certifications for flavors designated as containing no
artificial flavor. Section 101.30 specifies the conditions under which
a beverage that purports to contain any fruit or vegetable juice must
declare the percentage of juice present in the beverage and the manner
in which the declaration is to be made. Section 102.33 specifies the
common or usual name for beverages that contain fruit or vegetable
juice.
    Section 101.36 requires that nutrition information be provided for
dietary supplements offered for sale, unless an exemption in Sec.
101.36(h) applies. Section 101.36(f)(2) cross-references the provisions
in Sec.  101.9(g)(9) for the submission to FDA of requests for
alternative approaches to nutrition labeling. Also, Sec.  101.36(h)(2)
cross-references the provisions in Sec.  101.9(j)(18) for the
submission of small business exemption notices. As noted previously,
FDA has developed Form FDA 3570 to assist small businesses in claiming
the small business exemption from nutrition labeling. The form contains
all the elements required by Sec.  101.36(h)(2).
    Section 101.36(e) permits the voluntary declaration of the
quantitative amount and the percent of Daily Value of a dietary
ingredient on a ``per day'' basis in addition to the required ``per
serving'' basis, if a dietary supplement label recommends that the
dietary supplement be consumed more than once per day.
    Section 101.42 requests that food retailers voluntarily provide
nutrition information for raw fruits, vegetables, and fish at the point
of purchase, and Sec.  101.45 contains guidelines for providing such
information. Also, Sec.  101.45(c) provides for the submission of
nutrient databases and proposed nutrition labeling values for raw
fruit,

vegetables, and fish to FDA for review and approval.
    Sections 101.54, 101.56, 101.60, 101.61, and 101.62 specify
information that must be disclosed as a condition for making particular
nutrient content claims. Section 101.67 provides for the use of
nutrient content claims for butter, and cross-references requirements
in other regulations for ingredient declaration (Sec.  101.4) and
disclosure of information concerning performance characteristics (Sec.
101.13(d)). Section 101.69 provides for the submission of a petition
requesting that FDA authorize a particular nutrient content claim by
regulation. Section 101.70 provides for the submission of a petition
requesting that FDA authorize a particular health claim by regulation.
Section 101.77(c)(2)(ii)(D) requires the disclosure of the amount of
soluble fiber per serving in the nutrition labeling of a food bearing a
health claim about the relationship between soluble fiber and a reduced
risk of coronary heart disease. Section 101.79(c)(2)(iv) requires the
disclosure of the amount of folate per serving in the nutrition
labeling of a food bearing a health claim about the relationship
between folate and a reduced risk of neural tube defects.
    Section 101.100(d) provides that any agreement that forms the basis
for an exemption from the labeling requirements of section 403(c), (e),
(g), (h), (i), (k), and (q) of the act be in writing and that a copy of
the agreement be made available to FDA upon request. Section 101.100
also contains reporting and disclosure requirements as conditions for
claiming certain labeling exemptions (e.g., Sec.  101.100(h)).
    Section 101.105 specifies requirements for the declaration of the
net quantity of contents on the label of a food in packaged form and
prescribes conditions under which a food whose label does not
accurately reflect the actual quantity of contents may be sold, with
appropriate disclosures, to an institution operated by Federal, State,
or local government. Section 101.108 provides for the submission to FDA
of a written proposal requesting a temporary exemption from certain
requirements of Sec. Sec.  101.9 and 105.66 for the purpose of
conducting food labeling experiments with FDA's authorization.
    Regulations in part 102 define the information that must be
included as part of the statement of identity for particular foods and
prescribe related labeling requirements for some of these foods. For
example, Sec.  102.22 requires that the name of a protein hydrolysate
shall include the identity of the food source from which the protein
was derived.
    Part 104, which pertains to nutritional quality guidelines for
foods, cross-references several labeling provisions in part 101 but
contains no separate information collection requirements.
    Part 105 contains special labeling requirements for hypoallergenic
foods, infant foods, and certain foods represented as useful in
reducing or maintaining body weight.
    The disclosure and other information collection requirements in the
previously mentioned regulations are placed primarily upon
manufacturers, packers, and distributors of food products. Because of
the existence of exemptions and exceptions, not all of the requirements
apply to all food producers or to all of their products. Some of the
regulations affect food retailers, such as supermarkets and
restaurants.
    The purpose of the food labeling requirements is to allow consumers
to be knowledgeable about the foods they purchase. Nutrition labeling
provides information for use by consumers in selecting a nutritious
diet. Other information enables a consumer to comparison shop.
Ingredient information also enables consumers to avoid substances to
which they may be sensitive. Petitions or other requests submitted to
FDA provide the basis for the agency to permit new labeling statements
or to grant exemptions from certain labeling requirements.
Recordkeeping requirements enable FDA to monitor the basis upon which
certain label statements are made for food products and whether those
statements are in compliance with the requirements of the act or the
FPLA.
    FDA estimates the burden of this collection of information as
follows:

                                                       Table 1.--Total Estimated Annual Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 No. of        Annual Frequency     Total Annual        Hours per
             21 CFR Section and Part/Form No.                 Respondents        per Response        Responses           Response         Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.3, 101.22, 102 and 104                                            25,000               1.03             25,750                 .5             12,875
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.4, 101.22, 101.100, 102,                                          25,000               1.03             25,750                  1             25,750
104 and 105
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.5                                                                 25,000               1.03             25,750               0.25              6,438
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.9, 101.13(n), 101.14(d)(3), 101.62, and 104                       25,000               1.03             25,750                  4            103,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.9(g)(9) and 101.36(f)(2)                                              12                  1                 12                  4                 48
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.9(j)(18) and 101.36(h)(2)/Form FDA 3570                           10,000                  1             10,000                  8             80,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.10                                                               300,000                1.5            450,000               0.25            112,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.12(b)                                                                 29                2.3                 67                  1                 67
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.12(e)                                                                 25                  1                 25                  1                 25
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.12(g)                                                              5,000                  1              5,000                  1              5,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.12(h)                                                                  5                  1                  5                 80                400
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.13(d)(1) and 101.67                                                  200                  1                200                  1                200
--------------------------------------------------------------------------------------------------------------------------------------------------------

101.13(j)(2), 101.13(k), 101.54, 101.56, 101.60, 101.61,               5,000                  1              5,000                  1              5,000
 and 101.62
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.13(q)(5)                                                         300,000                1.5            450,000               0.75            337,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.14(d)(2)                                                         300,000                1.5            450,000               0.75            337,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.15                                                                   160                 10              1,600                  8             12,800
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.22(i)(4)                                                              25                  1                 25                  1                 25
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.30 and 102.33                                                      1,500                  5              7,500                  1              7,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.36                                                                   300                 40             12,000                  4             48,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.36(e)                                                                125                 13              1,625               0.25                406
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.42 and 101.45                                                      1,000                  1              1,000                0.5                500
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.45(c)                                                                  5                  4                 20                  4                 80
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.69                                                                     3                  1                  3                 25                 75
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.70                                                                     5                  1                  5                 80                400
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.79(c)(2)(i)(D)                                                     1,000                  1              1,000               0.25                250
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.79(c)(2)(iv)                                                         100                  1                100               0.25                 25
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.100(d)                                                             1,000                  1              1,000                  1              1,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.105 and 101.100(h)                                                25,000               1.03             25,750                0.5             12,875
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.108                                                                    1                  1                  1                 40                 40
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total                                                      .................  .................  .................  .................          1,110,279
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\There are no capital costs or operating and maintenance costs associated with this collection of information.

                                                       Table 2.--Total Estimated Annual Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 No. of        Annual Frequency  per      Total Annual     Hours per
                      21 CFR Section                         Recordkeepers         Recordkeeping            Records          Record       Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.12(e)                                                                 25                        1                 25            1                 25
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.13(q)(5)                                                         300,000                      1.5            450,000         0.75            337,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.14(d)(2)                                                         300,000                      1.5            450,000         0.75            337,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.22(i)(4)                                                              25                        1                 25            1                 25
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.100(d)(2)                                                          1,000                        1              1,000            1              1,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
101.105(t)                                                               100                        1                100            1                100
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total                                                      .................  .......................  .................  ...........            676,150
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\There are no capital costs or operating and maintenance costs associated with this collection of information.

    The estimated annual reporting and recordkeeping burdens are based
on agency communications with industry and FDA's knowledge of and
experience with food labeling and the submission of petitions and
requests to the agency. Where an agency regulation implements an
information collection requirement in the act or the FPLA, only any
additional burden attributable to the regulation has been included in
FDA's burden estimate.
    No burden has been estimated for those requirements where the
information to be disclosed is information that has been supplied by
FDA. Also, no burden has been estimated for information that is
disclosed to third parties as a usual and customary part of a food
producer's normal business activities. Under 5 CFR 1320.3(c)(2), the
public disclosure of information originally supplied by the Federal
Government to the recipient for the purpose of disclosure to the public
is not a collection of information. Under 5 CFR 1320.3(b)(2), the time,
effort, and

financial resources necessary to comply with a collection of
information are excluded from the burden estimate if the reporting,
recordkeeping, or disclosure activities needed to comply are usual and
customary because they would occur in the normal course of activities.
    In this request for extension of OMB approval under the PRA, FDA is
combining the burden hours associated with OMB control numbers 0910-
0395 (collection entitled ``Food Labeling: Nutrition Labeling of
Dietary Supplements on a `Per Day' Basis'') and 0910-0515 (collection
entitled ``Food Labeling: Trans Fatty Acids in Nutrition Labeling'')
with the burden hours approved under OMB control number 0910-0381
(collection entitled ``Food Labeling Regulations'').

    Dated: July 8, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-16869 Filed 7-14-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Rules and Regulations]
[Pages 5736-5738]
[FR Doc No: 2013-01624]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8269]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/fema/csb.shtm.

DATES: Effective Date: The effective date of each community's scheduled
suspension is the third date (``Susp.'') listed in the third column of
the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Federal Insurance and
Mitigation Administration, Federal Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement

for compliance with program regulations, 44 CFR part 59. Accordingly,
the communities will be suspended on the effective date in the third
column. As of that date, flood insurance will no longer be available in
the community. We recognize that some of these communities may adopt
and submit the required documentation of legally enforceable floodplain
management measures after this rule is published but prior to the
actual suspension date. These communities will not be suspended and
will continue to be eligible for the sale of NFIP flood insurance. A
notice withdrawing the suspension of such communities will be published
in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless
an appropriate public body adopts adequate floodplain management
measures with effective enforcement measures. The communities listed no
longer comply with the statutory requirements, and after the effective
date, flood insurance will no longer be available in the communities
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for Part 64 continues to read as follows:

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

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                Effective date
                                                authorization/
                                  Community     cancellation of    Current effective map   Date certain Federal
      State and location             No.         sale of flood             date            assistance no longer
                                                 insurance in                               available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region II

New York:
    Brewster, Village of,             360668  March 21, 1975,     Mar. 4, 2013..........  Mar. 4, 2013.
     Putnam County.                            Emerg; September
                                               18, 1986, Reg;
                                               March 4, 2013,
                                               Susp.
    Carmel, Town of, Putnam           360669  March 21, 1975,     ......*do.............   Do.
     County.                                   Emerg; June 18,
                                               1987, Reg; March
                                               4, 2013, Susp.
    Cold Spring, Village of,          360670  August 19, 1975,    ......do..............   Do.
     Putnam County.                            Emerg; March 15,
                                               1984, Reg; March
                                               4, 2013, Susp.
    Kent, Town of, Putnam             360671  March 21, 1975,     ......do..............   Do.
     County.                                   Emerg; September
                                               4, 1986, Reg;
                                               March 4, 2013,
                                               Susp.
    Nelsonville, Village of,          361019  May 3, 1983,        ......do..............   Do.
     Putnam County.                            Emerg; September
                                               10, 1984, Reg;
                                               March 4, 2013,
                                               Susp.
    Patterson, Town of, Putnam        361023  March 21, 1975,     ......do..............   Do.
     County.                                   Emerg; July 3,
                                               1986, Reg; March
                                               4, 2013, Susp.
    Philipstown, Town of,             361026  March 21, 1975,     ......do..............   Do.
     Putnam County.                            Emerg; June 18,
                                               1987, Reg; March
                                               4, 2013, Susp.
    Putnam Valley, Town of,           361030  July 31, 1975,      ......do..............   Do.
     Putnam County.                            Emerg; September
                                               4, 1987, Reg;
                                               March 4, 2013,
                                               Susp.
    Southeast, Town of, Putnam        361041  August 12, 1975,    ......do..............   Do.
     County.                                   Emerg; September
                                               4, 1986, Reg;
                                               March 4, 2013,
                                               Susp.

           Region IV

Georgia:
    Berkeley Lake, City of,           130450  July 15, 1975,      ......do..............   Do.
     Gwinnett County.                          Emerg; December
                                               18, 1984, Reg;
                                               March 4, 2013,
                                               Susp.

    Braselton, Town of,               130343  August 12, 1991,    ......do..............   Do.
     Barrow, Gwinnett and Hall                 Emerg; September
     Counties.                                 29, 2006, Reg;
                                               March 4, 2013,
                                               Susp.
    Buford, City of, Gwinnett         130323  N/A, Emerg; May     ......do..............   Do.
     and Hall Counties.                        22, 1995, Reg;
                                               March 4, 2013,
                                               Susp.
    Cumming, City of, Forsyth         130236  July 23, 1975,      ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1986, Reg; March
                                               4, 2013, Susp.
    Douglas County,                   130306  January 31, 1975,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; January 2,
                                               1980, Reg; March
                                               4, 2013, Susp.
    Douglasville, City of,            130305  August 22, 1979,    ......do..............   Do.
     Douglas County.                           Emerg; June 25,
                                               1982, Reg; March
                                               4, 2013, Susp.
    Duluth, City of, Gwinnett         130098  December 17, 1975,  ......do..............   Do.
     County.                                   Emerg; June 1,
                                               1981, Reg; March
                                               4, 2013, Susp.
    Forsyth County,                   130312  April 12, 1977,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 4,
                                               1989, Reg; March
                                               4, 2013, Susp.
    Gwinnett County,                  130322  April 9, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 15,
                                               1981, Reg; March
                                               4, 2013, Susp.
    Norcross, City of,                130101  October 24, 1974,   ......do..............   Do.
     Gwinnett County.                          Emerg; May 1,
                                               1980, Reg; March
                                               4, 2013, Susp.
    Sugar Hill, City of,              130474  September 30,       ......do..............   Do.
     Gwinnett County.                          1998, Emerg;
                                               September 29,
                                               2006, Reg; March
                                               4, 2013, Susp.
    Suwanee, City of, Gwinnett        130328  September 22,       ......do..............   Do.
     County.                                   1980, Emerg; June
                                               1, 1981, Reg;
                                               March 4, 2013,
                                               Susp.

           Region V

Indiana:
    Farmland, Town of,                180390  April 22, 1977,     ......do..............   Do.
     Randolph County.                          Emerg; July 3,
                                               1985, Reg; March
                                               4, 2013, Susp.
    Parker City, Town of,             180391  April 20, 1976,     ......do..............   Do.
     Randolph County.                          Emerg; January 3,
                                               1985, Reg; March
                                               4, 2013, Susp.
    Randolph County,                  180429  January 16, 1976,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 1,
                                               1987, Reg; March
                                               4, 2013, Susp.
    Ridgeville, Town of,              180341  August 20, 1975,    ......do..............   Do.
     Randolph County.                          Emerg; July 18,
                                               1985, Reg; March
                                               4, 2013, Susp.
    Union City, City of,              180219  May 5, 1975,        ......do..............   Do.
     Randolph County.                          Emerg; September
                                               29, 1986, Reg;
                                               March 4, 2013,
                                               Susp.
    Winchester, City of,              180220  March 10, 1975,     ......do..............   Do.
     Randolph County.                          Emerg; September
                                               4, 1985, Reg;
                                               March 4, 2013,
                                               Susp.
Minnesota:
    Foreston, City of, Mille          270287  September 16,       ......do..............   Do.
     Lacs County.                              1975, Emerg;
                                               September 27,
                                               1985, Reg; March
                                               4, 2013, Susp.
    Isle, City of, Mille Lacs         270288  May 16, 1974,       ......do..............   Do.
     County.                                   Emerg; November
                                               1, 1979, Reg;
                                               March 4, 2013,
                                               Susp.
    Milaca, City of, Mille            270289  May 9, 1974,        ......do..............   Do.
     Lacs County.                              Emerg; May 5,
                                               1981, Reg; March
                                               4, 2013, Susp.
    Mille Lacs County,                270624  April 15, 1974,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               27, 1985, Reg;
                                               March 4, 2013,
                                               Susp.
    Onamia, City of, Mille            270290  November 21, 1974,  ......do..............   Do.
     Lacs County.                              Emerg; September
                                               18, 1985, Reg;
                                               March 4, 2013,
                                               Susp.
    Princeton, City of, Mille         270292  July 2, 1974,       ......do..............   Do.
     Lacs County.                              Emerg; June 15,
                                               1981, Reg; March
                                               4, 2013, Susp.
----------------------------------------------------------------------------------------------------------------
* -do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: January 15, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2013-01624 Filed 1-25-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83932-83934]
[FR Doc No: 2023-26462]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP24-17-000]

Columbia Gas Transmission, LLC; Notice of Request Under Blanket
Authorization and Establishing Intervention and Protest Deadline

    Take notice that on November 16, 2023, Columbia Gas Transmission,
LLC (Columbia), 700 Louisiana Street, Suite 1300, Houston, Texas 77002-
2700, filed in the above referenced docket, a prior notice request
pursuant to sections 157.205, 157.208, and 157.216 of the Commission's
regulations under the Natural Gas Act (NGA), and Columbia's blanket
certificate issued in Docket No. CP83-76-000, for authorization to
modify the existing Line D322 pipeline at various locations, including
the installation of two bi-directional launching and receiving stations
for in-line inspection devices, and abandoning approximately 8 miles of
its 12-inch diameter Line D322. All of the above facilities are located
in Morrow, Marion, Hardin, and Allen Counties, Ohio (Line D322 West ILI
Project). The project will allow Columbia to perform installations and
activities to enable bi-directional in-line inspection, or pigging, as
well as abandon a section of its Line D322. The estimated cost for the
project is 28.7 million, all as more fully set forth in the request
which is on file with the Commission and open to public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room. For assistance, contact the Federal Energy Regulatory
Commission at [email protected] or call toll-free, (886) 208-
3676 or TTY<PHONE_NUMBER>.
    Any questions concerning this request should be directed to David
A. Alonzo, Manager, Project Authorizations, Columbia Gas Transmission,
LLC, 700 Louisiana Street, Suite 1300, Houston, Texas 77002-2700, at
(832) 320-5477 or [email protected].

Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on January 26, 2024.
How to file protests, motions to intervene, and comments is explained
below.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\1\ any person \2\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
---------------------------------------------------------------------------

    \1\ 18 CFR 157.205.
    \2\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\3\ and must be submitted by
the protest deadline, which is January 26, 2024. A protest may also
serve as a motion to intervene so long as the protestor states it also
seeks to be an intervenor.
---------------------------------------------------------------------------

    \3\ 18 CFR 157.205(e).
---------------------------------------------------------------------------

Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \4\ and the regulations under the NGA \5\ by the
intervention deadline for the project, which is January 26, 2024. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \4\ 18 CFR 385.214.
    \5\ 18 CFR 157.10.
---------------------------------------------------------------------------

    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before January 26, 2024. The filing of a comment alone will not
serve to make the filer a party to the proceeding. To become a party,
you must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP24-17-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select ``General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \6\
---------------------------------------------------------------------------

    \6\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
---------------------------------------------------------------------------

    (2) You can file a paper copy of your submission by mailing it to
the address below. Your submission must reference the Project docket
number CP24-17-000.
    To file via USPS: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    To file via any other method: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland
20852.
    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected].
    Protests and motions to intervene must be served on the applicant
either by mail or email (with a link to the document) at: David A.
Alonzo, Manager, Project Authorizations, Columbia Gas Transmission,
LLC, 700 Louisiana Street, Suite 1300, Houston, Texas 77002-2700, at
(832) 320-5477, or by [email protected]. Any subsequent
submissions by an intervenor must be served on the applicant and all
other parties to the proceeding. Contact information for parties can be
downloaded from the service list at the eService link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which

allows you to keep track of all formal issuances and submittals in
specific dockets. This can reduce the amount of time you spend
researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: November 27, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-26462 Filed 11-30-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Notices]
[Page 2359]
[FR Doc No: 2011-544]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13637-001]

Great River Hydropower, LLC; Notice of Application Accepted for
Filing and Soliciting Motions To Intervene and Protests

January 5, 2011.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Original Major License.
    b. Project No.: P-13637-001.
    c. Date filed: July 12, 2010.
    d. Applicant: Great River Hydropower, LLC.
    e. Name of Project: Upper Mississippi River Lock & Dam No. 21
Hydroelectric Project.
    f. Location: The proposed project would be located on the
Mississippi River in Marion County, Missouri. The proposed project
would occupy 5 acres of federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r)
    h. Applicant Contact: Mr. Arie DeWaal, Mead & Hunt Inc., 6501 Watts
Road, Madison, WI 53719; Telephone<PHONE_NUMBER>.
    i. FERC Contact: Janet Hutzel, Telephone<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests: February
7, 2011.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    The Commission's Rules of Practice and Procedures 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.
    k. This application has been accepted for filing, but is not ready
for environmental analysis at this time.
    l. The proposed project would utilize the existing U.S. Army Corps
of Engineers' Lock and Dam No. 21, and would consist of the following
facilities: (1) A new 796-foot-long by 46-foot-wide by 25-foot-high
concrete hydropower structure consisting of 30 turbine bays, located
about 100 feet downstream of the existing dam; (2) 30 turbine-generator
units having a total installed capacity of 15 megawatts; (3) two new
48-foot-long by 15-foot-wide by 45-foot-high concrete towers; (4) a new
40-foot-long by 30-foot-wide by 20-foot-high control building; (5) a
new 120-foot-long by 120-foot-wide substation; (6) a new 1.5-mile-long
access road; (7) a new 1.6-mile-long, 69-kilovolt transmission line;
and (8) appurtenant facilities.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    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 this or other pending projects. For assistance,
contact FERC Online Support.
    n. Any qualified applicant desiring to file a competing application
must submit to the Commission, on or before the specified intervention
deadline date, a competing development application, or a notice of
intent to file such an application. Submission of a timely notice of
intent allows an interested person to file the competing development
application no later than 120 days after the specified intervention
deadline date. Applications for preliminary permits will not be
accepted in response to this notice.
    A notice of intent must specify the exact name, business address,
and telephone number of the prospective applicant, and must include an
unequivocal statement of intent to submit a development application. A
notice of intent must be served on the applicant(s) named in this
public notice.
    Anyone may submit a protest or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210, 385.211, and 385.214. In determining the appropriate action to
take, the Commission will consider all protests filed, but only those
who file a motion to intervene in accordance with the Commission's
Rules may become a party to the proceeding. Any protests or motions to
intervene must be received on or before the specified deadline date for
the particular application.
    When the application is ready for environmental analysis, the
Commission will issue a public notice requesting comments,
recommendations, terms and conditions, or prescriptions.
    All filings must (1) bear in all capital letters the title
``PROTEST'' or ``MOTION TO INTERVENE,'' ``NOTICE OF INTENT TO FILE
COMPETING APPLICATION,'' or ``COMPETING APPLICATION;'' (2) set forth in
the heading the name of the applicant and the project number of the
application to which the filing responds; (3) furnish the name,
address, and telephone number of the person protesting or intervening;
and (4) otherwise comply with the requirements of 18 CFR 385.2001
through 385.2005. Agencies may obtain copies of the application
directly from the applicant. A copy of any protest or motion to
intervene must be served upon each representative of the applicant
specified in the particular application.

Kimberly D. Bose,
Secretary.
[FR Doc. 2011-544 Filed 1-12-11; 8:45 am]
BILLING CODE 6717-01-P