[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Notices]
[Pages 39726-39727]
[FR Doc No: 2013-15854]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13704-001--Mississippi Arkabutla Lake Hydroelectric
Project]

FFP Missouri 2, LLC; Notice of Proposed Restricted Service List
for a Programmatic Agreement

    Rule 2010 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure \1\ provides that, to
eliminate unnecessary expense or improve administrative efficiency, the
Secretary may establish a restricted service list for a particular
phase or issue in a proceeding. The restricted service list should
contain the names of persons on the service list who, in the judgment
of the decisional authority establishing the list, are active
participants with respect to the phase or issue in the proceeding for
which the list is established.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.2010.
---------------------------------------------------------------------------

    The Commission staff is consulting with the Mississippi Department
of Archives and History (Mississippi SHPO) and the Advisory Council on
Historic Preservation (Advisory Council) pursuant to the Advisory
Council's regulations, 36 CFR Part 800, implementing section 106 of the
National Historic Preservation Act, as amended, (16 U.S.C. section
470f), to prepare a Programmatic Agreement for managing properties
included in, or eligible for inclusion in, the National Register of
Historic Places that could be affected by issuance of a license for the
proposed Arkabutla Lake Hydroelectric Project No. 13704.
    The Programmatic Agreement, when executed by the Commission and the
Mississippi SHPO, would satisfy the Commission's section 106
responsibilities for all individual undertakings carried out in
accordance with the license until the license expires or is terminated
(36 CFR 800.13[e]). The Commission's responsibilities pursuant to
section 106 for the project would be fulfilled through the Programmatic
Agreement, which the Commission staff proposes to draft in consultation
with certain parties listed below. The executed Programmatic Agreement
would be incorporated into any Order issuing a license.
    FFP Missouri 2, LLC, as applicant for the proposed Arkabutla Lake
Hydroelectric Project, the U.S. Army Corps of Engineers, the Choctaw
Nation of Oklahoma, the Jena Band of Choctaw Indians, the Chickasaw
Nation, the Mississippi Band of Choctaw Indians, the Quapaw Tribe of
Oklahoma, the Tunica-Biloxi Tribe of Louisiana, and the Muscogee
(Creek) Nation have expressed an interest in this proceeding and are
invited to participate in consultations to develop the Programmatic
Agreement. For purposes of commenting on the Programmatic Agreement, we
propose to restrict the service list for Project No. 13704 as follows:

John Eddins, Advisory Council on         LaDonna Brown, Chickasaw
 Historic Preservation, The Old Post      Nation, P.O. Box 1548, Ada, OK
 Office Building, Suite 803, 1100         74821.
 Pennsylvania Avenue, NW., Washington,
 DC 20004.
Greg Williamson, Mississippi Department  Kenneth H. Carlton, THPO,
 of Archives and History, 100 South       Mississippi Band of Choctaw
 State Street, Jackson, MS 39201.         Indians, P.O. Box 6257,
                                          Choctaw, MS 39350.
Andrew Tomlinson, U.S. Army Corps of     Jean Ann Lambert, THPO, Quapaw
 Engineers, Vicksburg District, 4155      Tribe of Oklahoma, 5681 South
 Clay Street, Room 230, Vicksburg, MS     630 Road, Quapaw, OK 74363.
 39183.
Thomas M. Feldman or Representative,     Earl Barbry, Jr., Tunica-Biloxi
 Free Flow Power Corporation, 239         Tribe of Louisiana, 151
 Causeway Street, Suite 300, Boston, MA   Melacon Drive, Marksville, LA
 02114.                                   71351.
Dr. Ian Thompson, THPO, Choctaw Nation   Emman Spain, Muscogee (Creek)
 of Oklahoma, P.O. Box 1210, Durant, OK   Nation, P.O. Box 580,
 74702.                                   Okmulgee, OK 74447.
Johnnie Jacobs, Choctaw Nation of        Sarah Koeppel, U.S. Army Corps
 Oklahoma, P.O. Box 1210, Durant, OK      of Engineers, Vicksburg
 74702.                                   District, 4155 Clay Street,
                                          Vicksburg, MS 39183.
Dana Masters, THPO, Jena Band of         ...............................
 Choctaw Indians, P.O. Box 14, Jena, LA
 71342.
------------------------------------------------------------------------

    Any person on the official service list for the above-captioned
proceeding may request inclusion on the restricted service list, or may
request that a restricted service list not be established, by filing a
motion to that effect within 15 days of this notice date. In a request
for inclusion, please identify the reason(s) why there is an interest
to be included. Also, please identify any concerns about historic
properties, including traditional cultural properties. If historic
properties might be identified within the motion, please use a separate
page and label it Non-Public information.
    Any such motion may be filed electronically via the Internet in
lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on
the Commission's Web site (http://www.ferc.gov/docs-filing/ferconline.asp). For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll-free at<PHONE_NUMBER>, or for TTY,
(202) 502-8659. Although the Commission strongly encourages electronic
filing, documents may also be paper-filed. To paper-file, mail an
original and five copies to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426. Please put the project number (P-13704-001) on the first page of
the filing.
    If no such motions are filed, the restricted service list will be
effective at the end of the 15 day period. Otherwise, a further notice
will be issued ruling on any motion or motions within the 15-day
period.

    Dated: June 26, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-15854 Filed 7-1-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Notices]
[Pages 75696-75697]
[FR Doc No: 2012-30873]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2012-0072]

Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated August 28, 2012, Capital Passenger Car, Inc. (CPC) of Orrville,
OH, has petitioned the Federal Railroad Administration (FRA) for a
waiver of compliance from certain provisions of the Federal railroad
safety regulations contained at 49 CFR part 223--Safety Glazing
Standards--Locomotives, Passenger Cars and Cabooses. FRA assigned the
petition Docket Number FRA-2012-0072.
    CPC has petitioned for a permanent waiver of compliance for a 28-
seat parlour car (RPCX 3850) named ``C&B Marshall.'' This car was built
by Pullman in 1947, and since 1989 has operated on lease for passenger
excursions that are limited to regional railroads, namely Buffalo and
Pittsburgh Railroad, Columbia and Ohio River Railroad, Ohio Central
Railroad (Genesee and Wyoming), and Wheeling and Lake Erie Railway. The
car typically operates between 1,000 and 2,000 miles per year on about
six weekends at speeds of 45 mph or less, mostly on single-track rail
lines through areas largely rural in nature. When not being used, this
car is stored at the Orrville Railroad Heritage Society, Inc.'s Pine
Street Yard in Orrville, OH, on the Wheeling and Lake Erie Railway.
    There are two end windows in the B-end vestibule, one right and one
left. Both the right side and left side of the car contain eight
windows each. No Type I or Type II FRA-certified glazing is currently
installed in the car. However, all side windows are \1/4\-inch panes of
Duplate ASI PPG Safety Glass. Some of these side windows are equipped
with double panes. Also, each end window is \1/4\-inch pane of Duplate
ASI PPG Safety Glass. CPC states that barring one incident of vandalism
in the spring of 2010 when the car was in storage--resulting in several
cracked windows--there has been no accident or injury attributed to
window glazing since this car came under its present ownership in 1988.
CPC states that besides the prohibitive cost (approximately $30,000)
involved in retrofitting the car with FRA-certified glazing, side-
lining the car for this purpose will be catastrophic because most of
its revenue comes from the operation of this car on steam and diesel
powered excursions. Therefore, CPC is requesting this relief.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a

hearing. If any interested party desires an opportunity for oral
comment, they should notify FRA, in writing, before the end of the
comment period and specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov/. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by February 4, 2013 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the comment,
if submitted on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (Volume 65, Number 70; Pages
19477-78), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on December 17, 2012.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2012-30873 Filed 12-20-12; 8:45 am]
BILLING CODE 4910-06-P


Last Name First Name Affiliation Address Bair Jim N. American Millers Doster Brian EPA Freemen Rebeckah American Farm Bureau Federation Finman Hodayah EPA Ghekaart Joanne International Paper Gregg Ragu Jura EIA Heinzman Tracy MBIP Hensley Steve USA Rice Jennings Al USDA Keigwin Rick EPA Land Tom EPA Little Barbara Albemarle 1155 15th St. # 661, NW; Washington, DC 20005 Montoro Marta EPA McConkey Diane EPA Payne Stephen Pet Food Institute 2025 M St., NW; Washington, DC 20036 Ruckert Ed McDermott, Will & Emery 600 13th St., NW; Washington, DC 20005 Sauerhaft Beth EPA Schaub James USDA Schutzer George Patton Boggs Sharp Adam EPA Thompson John State Uhl Geeta EIA SPEAKERS Legard Dan California Strawberry Commission P. O. Box 269; Watsonville, CA Doniger David NRDC 1200 New York Ave, NW; Washington, DC 20008 Dubehsky Mitch American Forest & Paper Association 1111 19th St., NW; Washington, DC 20036 Gee Daren Strawberry Grower P. O. Box 549; Santa Maria, CA Godbehere Steve Hendrix and Dale 905 4th St., NW; Cairo, GA 39828 Nicol James GLCC I. GLCC Blvd.; W. Lafayette, Indiana Telephone Email 202 484 2200 jbair@ namamillers. org 202 564 1932 doster. brian@ epa. gov 202 484 3616 rebeckah@ fb. org 202 343 9246 finman. hodayah@ epa. gov 202 682 1309 joanne. ghekaart@ ipaper. com 202 483 6621 jugegregg@ eia international. org 202 383 7294 heinzmant@ howrey. com 703 236 1444 shensley@ usarice. com 202 720 5375 allen. jennings@ usda. gov 703 305 7618 keigwin. richard@ epa. gov 202 343 9185 land. tom@ epa. gov 202 223 1848 barbara_ little@ albemarle. com 202 343 9321 montoro. marta@ epa. gov 202 564 5588 mcconkey. diane@ epa. gov 202 367 1120 steve@ petfoodinstitute. org 202 756 8214 eruckert@ mwe. com 202 564 7273 202 720 8022 jschaub@ usda. gov 202 457 5273 gschutzer@ pattonboggs. com 202 564 2897 sharp. adam@ epa. gov 202 647 9799 thompsonje2@ state. gov 202 483 6621 geetauhl@ eia international. org 831 724 1301 dlegard@ calstrawberry. org 202 289 2403 ddoniger@ nrdc. org 202 463 2434 mitch_ dubehsky@ afandpa. org 805 928 9114 229 387 4256 stevegodbehere@ usa. net 765 497 6034


[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Notices]
[Pages 14324-14325]
[FR Doc No: 2021-05277]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER19-2276-004.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance filing: Compliance: Effective Date DER
Telemetry for CSR to be effective 3/31/2021.
    Filed Date: 3/9/21.
    Accession Number: 20210309-5102.
    Comments Due: 5 p.m. ET 3/30/21.

    Docket Numbers: ER20-280-002.
    Applicants: Skookumchuck Wind Energy Project, LLC.
    Description: Skookumchuck Wind Energy Project, LLC submits
Supplement to Notice of Change in Status.
    Filed Date: 3/8/21.
    Accession Number: 20210308-5144.
    Comments Due: 5 p.m. ET 3/29/21.

    Docket Numbers: ER20-287-005.
    Applicants: CPV Fairview, LLC.
    Description: Compliance filing: Reactive Service Rate Schedule
Compliance Filing to be effective 1/7/2020.
    Filed Date: 3/8/21.
    Accession Number: 20210308-5250.
    Comments Due: 5 p.m. ET 3/29/21.

    Docket Numbers: ER20-707-002.
    Applicants: Eastern Shore Solar LLC.
    Description: Report Filing: Refund Report to be effective N/A.
    Filed Date: 3/9/21.
    Accession Number: 20210309-5095.
    Comments Due: 5 p.m. ET 3/30/21.

    Docket Numbers: ER20-1986-001; ER20-2064-002; ER20-1907-002; ER20-
2237-002.
    Applicants: Day County Wind I, LLC, High Majestic Wind I, LLC,
Minco Wind I, LLC, Weatherford Wind, LLC.
    Description: Supplement to January 28, 2021 Notice of Non-Material
Change in Status of Day County Wind I, LLC, et al.
    Filed Date: 3/9/21.
    Accession Number: 20210309-5108.
    Comments Due: 5 p.m. ET 3/30/21.

    Docket Numbers: ER20-1987-003; ER20-2690-002; ER20-2648-002; ER20-
2070-002.
    Applicants: Cerro Gordo Wind, LLC, Jordan Creek Wind, LLC, Northern
Divide Wind, LLC, Wheatridge Wind II, LLC.
    Description: Supplement to January 27, 2021 Notice of Non-Material
Change in Status of Cerro Gordo Wind, LLC, et al.
    Filed Date: 3/8/21.
    Accession Number: 20210308-5239.
    Comments Due: 5 p.m. ET 3/29/21.

    Docket Numbers: ER21-798-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Tariff Amendment: Amended Filing--Revisions to Modify
Section 8.6.5 of Attachment AE to be effective 8/5/2021.
    Filed Date: 3/9/21.
    Accession Number: 20210309-5080.
    Comments Due: 5 p.m. ET 3/30/21.

    Docket Numbers: ER21-884-001.
    Applicants: Ohio Power Company, American Electric Power Service
Corporation, PJM Interconnection, L.L.C.
    Description: Tariff Amendment: AEP submits Amendment in ER21-884
re: Four FAs to be effective 5/9/2021.
    Filed Date: 3/9/21.
    Accession Number: 20210309-5086.
    Comments Due: 5 p.m. ET 3/30/21.

    Docket Numbers: ER21-1300-000.
    Applicants: El Paso Electric Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 349,
Engineering Services Agreement with EDFR to be effective 3/10/2021.
    Filed Date: 3/8/21.
    Accession Number: 20210308-5243.
    Comments Due: 5 p.m. ET 3/29/21.

    Docket Numbers: ER21-1303-000.
    Applicants: Midcontinent Independent System Operator, Inc.,
American Transmission Company LLC.
    Description: Sec.  205(d) Rate Filing: 2021-03-09_SA 2806 ATC-City
of Oconomowoc 1st Rev CFA to be effective 5/9/2021.
    Filed Date: 3/9/21.
    Accession Number: 20210309-5101.
    Comments Due: 5 p.m. ET 3/30/21.

    Docket Numbers: ER21-1304-000.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing: 2021-02-09 Reconciliation of
Approved Tariff Language--Multiple Filings to be effective 3/3/2020.
    Filed Date: 3/9/21.
    Accession Number: 20210309-5114.
    Comments Due: 5 p.m. ET 3/30/21.

    Docket Numbers: ER21-1305-000.
    Applicants: Michigan Public Power Agency.

    Description: Annual Informational Attachment O filing of Michigan
Public Power Agency.
    Filed Date: 3/9/21.
    Accession Number: 20210309-5120.
    Comments Due: 5 p.m. ET 3/30/21.

    Docket Numbers: ER21-1306-000.
    Applicants: Grand Haven Board of Light and Power.
    Description: Annual Informational Attachment O filing of Grand
Haven Board of Light and Power.
    Filed Date: 3/9/21.
    Accession Number: 20210309-5124.
    Comments Due: 5 p.m. ET 3/30/21.

    Docket Numbers: ER21-1307-000.
    Applicants: Midcontinent Independent System Operator, Inc.,
American Transmission Company LLC.
    Description: Sec.  205(d) Rate Filing: 2021-03-09_SA 2798 ATC-City
of Menasha 1st Rev CFA to be effective 5/9/2021.
    Filed Date: 3/9/21.
    Accession Number: 20210309-5126.
    Comments Due: 5 p.m. ET 3/30/21.

    Docket Numbers: ER21-1308-000.
    Applicants: Idaho Power Company.
    Description: Sec.  205(d) Rate Filing: SA 419 and 420--Conditional
Firm PTP SA with PWX for LOLO-BORA to be effective 4/1/2021.
    Filed Date: 3/9/21.
    Accession Number: 20210309-5135.
    Comments Due: 5 p.m. ET 3/30/21.

    Take notice that the Commission received the following PURPA
210(m)(3) filings:

    Docket Numbers: QM21-7-000.
    Applicants: Wolverine Power Supply Cooperative, Inc.
    Description: Application of Wolverine Power Supply Cooperative,
Inc. to Terminate Its Mandatory Purchase Obligation under the Public
Utility Regulatory Policies Act of 1978.
    Filed Date: 3/9/21.
    Accession Number: 20210309-5057.
    Comments Due: 5 p.m. ET 4/6/21.

    Docket Numbers: QM21-8-000.
    Applicants: Duke Energy Indiana, LLC.
    Description: Application of Duke Energy Indiana, LLC to Terminate
Its Mandatory Purchase Obligation under the Public Utility Regulatory
Policies Act of 1978.
    Filed Date: 3/9/21.
    Accession Number: 20210309-5092.
    Comments Due: 5 p.m. ET 4/6/21.

    Docket Numbers: QM21-9-000.
    Applicants: Duke Energy Ohio, Inc., Duke Energy Kentucky, Inc.
    Description: Application of Duke Energy Ohio, Inc., et al. to
Terminate Its Mandatory Purchase Obligation under the Public Utility
Regulatory Policies Act of 1978.
    Filed Date: 3/9/21.
    Accession Number: 20210309-5093.
    Comments Due: 5 p.m. ET 4/6/21.

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

    Dated: March 9, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-05277 Filed 3-12-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Notices]
[Pages 83330-83331]
[FR Doc No: 2016-27953]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0087]

Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 of Code of Federal
Regulations (CFR), this provides the public notice that by a document
dated August 16, 2016, the Appanoose County Community Railroad (APNC)
has petitioned the Federal Railroad Administration (FRA) for a waiver
of compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR 223.11. FRA assigned the petition
Docket Number FRA-2016-0087.
    APNC has petitioned FRA to grant a waiver of compliance from 49 CFR
part 223, Safety Glazing Standards--Locomotives, Passenger Cars and
Cabooses, for two locomotives, respectively numbered APNC 973 and APNC
116. APNC is a shortline railroad that operates over approximately 34.5
miles of track, and the majority of its operations are through rural or
lightly populated areas. Locomotive number APNC 973 is a GP-7 type
locomotive and was built in 1953. Locomotive number APNC 116 is a GP-7M
type locomotive and was built in 1953. APNC's petition states that
existing glazing on both locomotives is in good condition. The petition
further states that APNC has no history of glazing related accidents or
injuries and is, therefore, requesting a waiver of the safety glazing
requirements.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by January 5, 2017 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the

comment (or signing the document, if submitted on behalf of an
association, business, labor union, etc.). In accordance with 5 U.S.C.
553(c), DOT solicits comments from the public to better inform its
processes. DOT posts these comments, without edit, including any
personal information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at www.dot.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of
regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-27953 Filed 11-18-16; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 78, Number 246 (Monday, December 23, 2013)]
[Proposed Rules]
[Pages 77384-77385]
[FR Doc No: 2013-30461]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 573

[Docket No. FDA-2013-F-1540]

DSM Nutritional Products; Filing of Food Additive Petition
(Animal Use)

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of petition.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that DSM
Nutritional Products has filed a petition proposing that the food
additive regulations be amended to provide for the safe use of 25-
hydroxyvitamin D3 in feed for laying and breeding hens.

DATES: Submit either electronic or written comments on the petitioner's
request for categorical exclusion from preparing an environmental
assessment or environmental impact statement by January 22, 2014.

ADDRESSES: Submit electronic comments to: http://www.regulations.gov.
Submit written comments to the Division of Dockets Management (HFA-
305), Food and Drug

Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Isabel W. Pocurull, Center for
Veterinary Medicine, Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the Federal Food, Drug, and Cosmetic
Act (section 409(b)(5) (21 U.S.C. 348(b)(5)), notice is given that a
food additive petition (FAP 2277) has been filed by DSM Nutritional
Products, 45 Waterview Blvd., Parsippany, NJ 07054. The petition
proposes to amend Title 21 of the Code of Federal Regulations (CFR) in
part 573 Food Additives Permitted in Feed and Drinking Water of Animals
(21 CFR part 573) to provide for the safe use of 25-hydroxyvitamin
D3 in feed for laying and breeding hens.
    The petitioner has requested a categorical exclusion from preparing
an environmental assessment or environmental impact statement under 21
CFR 25.32(r). Interested persons may submit either electronic or a
single copy of written comments regarding this request for categorical
exclusion to the Division of Dockets Management (see DATES and
ADDRESSES). Identify comments with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: December 17, 2013.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2013-30461 Filed 12-20-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: January 18, 2007 (Volume 72, Number 11)]
[Rules and Regulations]
[Page 2198-2201]
[DOCID:fr18ja07-16]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1989-0008; FRL-8268-6]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final notice of deletion of the Berkley Products Company
Dump Superfund Site from the National Priorities List.

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

SUMMARY: The Environmental Protection Agency (EPA) Region III is
publishing a direct final notice of deletion for Berkley Products
Company Dump Superfund Site (Site), located in West Cocalico Township,
Lancaster County, Pennsylvania from the National Priorities List (NPL).
    The NPL constitutes Appendix B of 40 CFR Part 300, which is the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP),
which EPA promulgated pursuant to Section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA). This
direct final deletion is being published by EPA with concurrence of the
Commonwealth of Pennsylvania, through the Pennsylvania Department of
Environmental Protection (PADEP) because EPA has determined that all
appropriate response actions under CERCLA, other than operation and
maintenance and five-year reviews, have been implemented to protect
human health, welfare and the environment. However, this deletion does
not preclude future actions under Superfund.

DATES: This direct final deletion will be effective March 19, 2007
unless EPA receives adverse comments by February 20, 2007. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final deletion in the Federal Register informing the public that
the deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1989-0008, by one of the following methods:
     http://www.regulations.gov: Follow the on-line instruction for

submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>
     Mail: Mr. Roy Schrock, Remedial Project Manager (3HS22),
U.S. EPA, Region 3, 1650 Arch Street, Philadelphia, Pennsylvania 19103-
2029.
     Hand Delivery: 1650 Arch Street, Philadelphia,
Pennsylvania 19103-2029. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1989-0008. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,

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

The http://www.regulations.gov Web site is an ``anonymous access'' system,

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

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA's Region III,

Regional Center for Environmental Information (RCEI) 2nd floor, 1650
Arch Street, Philadelphia, Pennsylvania, 19103-1029,<PHONE_NUMBER> or
(800) 553-2509, Monday through Friday 8 a.m. to 5 p.m. excluding legal
holidays and at the West Cocalico Township Municipal Building, 156B
West Main, West Cocalico Township, Reinholds, Pennsylvania

17569,<PHONE_NUMBER>, Monday through Friday 8 a.m. to 4:30 p.m.

FOR FURTHER INFORMATION CONTACT: Mr. Roy Schrock, Remedial Project
Manager (3HS22), U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103-2029; telephone number:
1-800-553-2509 or<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region III is publishing this direct final notice of deletion
of the Berkley Products Company Dump Superfund Site from the NPL.
    EPA identifies sites that appear to present a significant risk to
public health or the environment and maintains the NPL as the list of
those sites. As described in Sec.  300.425(e)(3) of the NCP, sites
deleted from the NPL remain eligible for remedial actions in the
unlikely event that future conditions warrant such action.
    Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication of a notice of
intent to delete. This action will be effective March 19, 2007 unless
EPA receives adverse comments on this document by February 20, 2007. If
adverse comments on this document are received within the 30-day public
comment period, EPA will publish a timely withdrawal of this direct
final deletion before the effective date of the deletion and the
deletion will not take effect. EPA, as appropriate, will prepare a
response to comments and continue with the deletion process on the
basis of the notice of intent to delete and the comments already
received. There will be no additional opportunity to comment.
    Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses the procedures that EPA is
using for this action. Section IV discusses the Berkley Products
Company Dump Superfund Site and explains how the Site meets the
deletion criteria. Section V discusses EPA's action to delete the Site
from the NPL unless adverse comments are received during the public
comment period.

II. NPL Deletion Criteria

    Section 300.425(e)(1) of the NCP provides that sites may be deleted
from the NPL where no further response is appropriate. In making a
determination to delete a site from the NPL, EPA shall consider, in
consultation with the State, whether any of the following criteria have
been met:
    (i) The responsible parties or other parties have implemented all
appropriate response actions required; or
    (ii) All appropriate Fund-financed (Hazardous Substance Superfund
Response Trust Fund) responses under CERCLA have been implemented and
no further action by responsible parties is appropriate; or
    (iii) The remedial investigation has shown that the site poses no
significant threat to public health or the environment and, therefore,
remedial measures are not appropriate.
    Even if a site is deleted from the NPL, if hazardous substances,
pollutants, or contaminants remain at the site above levels that allow
for unlimited use and unrestricted exposure, CERCLA Section 121(c), 42
U.S.C. 9621(c), requires that a subsequent review of the site be
conducted at least every five years after the initiation of the
remedial action to ensure that the action remains protective of public
health and the environment. If new information becomes available which
indicates a need for further action, EPA may initiate such remedial
actions. Whenever there is a significant release from a site deleted
from the NPL, the deleted site may be restored to the NPL without
application of the hazard ranking system.

III. Deletion Procedures

    The following procedures were used for the intended deletion of
this Site:
    1. EPA consulted with PADEP on the deletion of the Site from the
NPL prior to developing this direct final notice of deletion.
    2. PADEP has concurred with the deletion of the Site from the NPL.
    3. Concurrently with the publication of this direct final notice of
deletion, a notice of the availability of the parallel notice of intent
to delete published today in the ``Proposed Rules'' Section of the
Federal Register is being published in a major local newspaper of
general circulation at or near the Site and is being distributed to
appropriate Federal, State, and local government officials and other
interested parties; the newspaper notice announces the 30-day public
comment period concerning the notice of intent to delete the Site from
the NPL.
    4. EPA Region III has placed copies of documents supporting the
deletion in the Site information repositories identified above.
    5. If adverse comments on this notice or the companion notice of
intent to delete also published in today's Federal Register are
received within the 30-day public comment period, EPA will publish a
timely notice of withdrawal of this direct final notice of deletion
before the effective date. EPA will prepare a response to comments and
continue with the deletion process on the basis of the notice of intent
to delete and the comments already received.
    Deletion of the Site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following summary provides EPA's rationale for the deleting
this Site from the NPL:

Site Location

    The Berkley Products Company Dump Site (Site) is located one and a
half miles northeast of Denver, Pennsylvania, in West Cocalico
Township, Lancaster County. Also known as Schoeneck Landfill, the Site
is east of Wollups Hill Road, north of Swamp Bridge Road.
    The Site is approximately 1,000 feet west of Cocalico Creek. The
headwaters of Cocalico Creek are in the valley south of South Mountain
near Blue Lake. This valley is located a few miles north of the Site.
Conestoga Creek, along with its tributaries, Muddy Creek, Little
Conestoga Creek, and Cocalico Creek, drains the northeastern and north-
central portion of Lancaster County and eventually enters the
Susquehanna River. Seasonally, wet springs located immediately north of
the Site discharge into Cocalico Creek to the north. On the southern
side of the Site, a seep was located on the slope of the landfill
material. The seep was related to rain events.
    The land use in the immediate vicinity of the Site is residential
in nature. The Site is near dense woods and several single family
homes. A few open areas have been converted into farm land by the local
residents

Site History

    The Site was used as a municipal waste dump from approximately 1930
until 1965. In 1965, the Lipton Paint Company (Lipton), a subsidiary of
Berkley Products Company, purchased the property. The operation
continued to receive household trash from neighboring communities as
well as paint wastes from Berkley Products Company. The property was
closed by Lipton due to a lack of available fill area, and was covered
with soil. Then, in September 1970, the property was sold to private
owners and has been used as a residence since that time.
    Prior to 1965, the dump received paper, wood, cardboard and other
domestic trash from the northeastern corner of Lancaster County. The
only commercial wastes identified during that period were from local
shoe companies. Those wastes included leather scraps and empty glue and
dye pails.
    During the period from 1965 to 1970, different sources estimate
that the dump received a total of 650 to 40,000 gallons of paint wastes
from Berkley Products Company. These wastes included primarily pigment
sludges and wash solvents. EPA has learned that the solvents were
sometimes used to burn the household trash and that the sludges were
disposed of in five gallon pails. Information gathered about the final
years of operation of the Site indicates that the municipal trash was
dumped to the south of the access road, toward the hillside, while the
paint wastes were deposited in the northern part of the dump.
    The Berkley Products Company produced paints and varnishes with
solvents, ethyl cellulose resin and pigments with lead oxide and lead
chromate. The solvents included toluene, xylene, aliphatic naphthas,
mineral spirits, methyl ethyl ketones, methyl isobutyl ketones, ethyl
acetate, butyl acetate, glycol ether, butyl celasol, methyl alcohol and
isopropyl alcohol.
    This Site was originally investigated by the Pennsylvania
Department of Environmental Resources (PADER) in 1984. In March of that
year, PADER completed a Potential Hazardous Waste Site Identification
form and the Site was included on EPA's CERCLIS, a list of potentially
hazardous waste sites. A Preliminary Assessment (PA) was also completed
in 1984, by EPA, and the Site was scheduled for further investigation
pursuant to the Comprehensive Environmental Response, Compensation and
Liability Act, as amended, (CERCLA), 42 U.S.C. 9601-9675.
    In July 1984, EPA collected field samples and the results were
presented in a Site Investigation (SI) report dated March 5, 1986. The
information from the SI was used to score the Site using the Hazard
Ranking System. The Site was nominated for the National Priorities List
(NPL) of Superfund sites in 1986 with a score of 30.00 and was
finalized as an NPL site in March 1989. The regulations enacted
pursuant to CERCLA generally require that a Remedial Investigation and
Feasibility Study (RI/FS) be conducted at each NPL site and
subsequently, a remedial response action selected to address the
problems identified.
    During the search for potentially responsible parties (PRP) for the
Site EPA conducted interviews with former owners, operators and
employees of the Site. Company records were also obtained and deed
information was researched. That information has been compiled and
reviewed to determine liability and also to estimate types and
quantities of wastes disposed at the Site and to determine disposal
practices during operations. Based on the findings of the PRP search,
EPA sent Notice Letters to two parties, Berkley Products Company and
the landowner that had purchased the closed landfill. These Notice
Letters identified the parties as PRPs, but waived the sixty day
moratorium, established at CERCLA Sections 122(a) and 122(e), to
negotiate a Consent Order to perform the RI/FS. These waivers were
issued pursuant to CERCLA Section 122(a) because the Berkley Products
Company did not have the financial assets to pay for the remedy, and
the current landowners had purchased the property after landfill
operations had ceased.
    EPA initiated the RI/FS in 1990 to identify the types, quantities
and locations of contaminants, to evaluate the potential risks, and to
develop and evaluate remedial action alternatives to address the
contamination problems at this Site. A CERCLA removal action was
completed at the Site in May 1992 to address some preliminary findings
of the RI. During the field investigation of the RI, buried drums
containing paint wastes were uncovered in the northeastern portion of
the Site. This area was excavated, and 59 drums were overpacked and
removed. An additional seven drums were overpacked and removed from the
southern slope of the landfill. A 35-foot-long by 15-foot-deep
exploration trench uncovered no additional drums. The wastes were
classified as Polychlorinated Biphenyl (PCB) flammable liquids, solids,
and paint solvents.
    The field investigations, data analysis and evaluation of
alternatives that comprise the RI/FS were completed in June 1996 for
the Site.

Record of Decision Findings

    The Remedial Investigation found the Site to be a landfill covering
approximately 4\1/2\ acres situated on the crest of a hill. The
landfill materials were composed of primarily municipal trash and
debris along with an area of buried steel drums and residues of
apparent dumping of organic compounds as well as paint and organic
solvents.
    The risks involved a direct contact threat and possible impacts on
residential well water supplies in the area. The Site also showed the
potential for ecological risks.
    Monitoring wells at the perimeter of the landfill contained organic
compound and a variety of compounds were detected. Some of the
compounds identified were lead, benzene, trichloroethylene (TCE),
tetrachloroethylene (PCE), polyaromatic (PAHs) hydrocarbons and
polychlorinated biphenyls (PCBs).
    On June 28, 1996, EPA issued a ROD for the Site which required the
following components:
     Pre-design investigations and activities.
     Site preparation.
     Consolidation of landfill wastes.
     Site grading.
     Cover system placement, with the following components as
determined necessary for compliance with the relevant sections of
Pennsylvania's Hazardous Waste Regulations:

--Subgrade.
--Gas vent system.
--Barrier layers.
--Drainage layer.
--Top layer (vegetated).

     Security fencing.
     Removal actions as determined to be necessary during
consolidation activities, and to be conducted in compliance with all
state and local laws, to the extent not inconsistent with federal laws.
     Erosion control measures.
     Long-term monitoring to include groundwater, surface
runoff, leachate spring and seep monitoring (annual), reside
residential well monitoring (semi-annual) and monitoring wells
(quarterly).
     Institutional controls to restrict new well installation
in the contaminated zone.
     Long-term operation and maintenance of the remedy.
     Five-year reviews.

    On August 20, 1999 an Explanation of Significant Differences was
issued which revised the remedy. The ROD anticipated that the bulk of
the consolidated wastes at the Site would be incorporated into the on-
site landfill and capped in place. During the design of the cap, the
volume of the waste to be consolidated was determined to exceed the
capacity of the cap being designed for the designated landfill area.
Therefore, the ESD required excavation, characterization, and offsite
disposal of the excess waste materials. Then the on-site landfill could
be capped as described in the ROD.

Operation and Maintenance

    The first round of surface water and groundwater monitoring
occurred in October 2002. After this sampling event, sampling the
surface water and springs was discontinued because no contaminants were
detected in the seeps and creek north of the landfill and upgradient
from the Site. Sampling the leachate seep from the landfill was also
discontinued because the cover eliminated the seep.
    Operation and Maintenance (O&M) activities were transferred to the
Pennsylvania Department of Environmental Resources (PADEP) after this
sampling event since there was no responsible party capable of
performing the work for the Site. URS Corporation (URS) was contracted
in June 2003 by the PADEP to complete the post-closure operations and
maintenance. Quarterly site inspections and monitoring were initiated
in 2003.
    A number of monitoring wells are located at the Site and between
the landfill and the residential wells. There are approximately 14
residential wells that are also monitored under the O&M plan.
    Groundwater monitoring and sampling was conducted during the spring
of 2004, the fall of 2004, the spring of 2005 and the spring of 2006.
Activities performed by URS also include inspections of both sediment
basins.
    Mowing the vegetation on the cap is conducted under a separate
contract issued by PADEP on a yearly basis.

Five Year Review

    CERCLA requires a five-year review of all sites where hazardous
substances remain above health-based levels which prevents unlimited
use and unrestricted exposure. The first five-year review for the Site
was completed in August 2005. The five-year review found that the
objectives of the ROD and ESD were met by the implemented remedy.
Periodic monitoring conducted by EPA and PADEP indicate that the
selected remedies have been effective in eliminating the environmental
threats posed by the landfill to the surrounding environment and human
populations. Five-year reviews will continue to be conducted.

Institutional Controls

    The institutional controls to restrict new well installation in the
contaminated zone were established on June 8, 2001 by an Access Order
issued during the construction phase of the remedial action and are
still in effect. The Access Order required that the property owner
shall not interfere with the operation, alter or disturb the integrity,
of any structures or devices now or hereinafter built, installed or
otherwise placed by EPA and/or its Representatives on the Site or
Property. This effectively prevents any well installation through the
cap, which covers the contaminated zone. Maintenance of the
institutional control is part of the O&M activities conducted by PADEP
pursuant to the State Superfund Contract (SSC).

Community Involvement

    Public participation activities have been satisfied as required by
CERCLA Sections 113(k) and 117, 42 U.S.C. 9613(k) and 9617. Documents
upon which EPA relied to make this recommendation to delete the Site
from the NPL are available to the public in the information
repositories.

V. Deletion Action

    EPA, with the concurrence of the Commonwealth of Pennsylvania, has
determined that all appropriate responses under CERCLA have been
completed, and that no further response action, other than operation
and maintenance and five-year reviews, are necessary. Therefore, EPA is
deleting the Site from the NPL.
    Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication of a notice of
intent to delete. This action will be effective March 19, 2007 unless
EPA receives adverse comments by February 20, 2007. If adverse comments
are received within the 30-day public comment period, EPA will publish
a timely withdrawal of this direct final notice of deletion before the
effective date of the deletion and it will not take effect. EPA will
also prepare a response to comments and continue with the deletion
process on the basis of the notice of intent to delete and the comments
already received. There will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relation,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Dated: November 16, 2006.
Donald Welsh,
Regional Administrator, Region III.

0
For the reasons set out in this document, 40 CFR part 300 is amended as
follows:

PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
21777, 56 FR 54757, 3 CFR, 1991 Comp., p/351; E.O. 12580, 52 FR
2923, 3 CFR, 1987 Comp., p.193.

Appendix B--[Amended]

0
2. Table 1 of Appendix B to Part 300 is amended under Pennsylvania
(``PA'') by removing the entry for ``Berkley Products Co. Dump''.

[FR Doc. E7-537 Filed 1-17-07; 8:45 am]

BILLING CODE 6560-50-P