[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Proposed Rules]
[Pages 1799-1804]
[FR Doc No: 2014-00270]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[EPA-R06-OPPT-2013-0398; FRL-9905-14-Region 6]

Lead-Based Paint Renovation, Repair and Painting, and Pre-
Renovation Education Activities in Target Housing and Child Occupied
Facilities; Oklahoma; Notice of Self-Certification Program
Authorization, and Request for Public Comment on Self-Certification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Self-certification program authorization and request for
comments.

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SUMMARY: This document announces that on March 25, 2013, the State of
Oklahoma was deemed authorized under section 404(a) of the Toxic
Substances Control Act (TSCA), to administer and enforce requirements
for a renovation, repair and painting program (RRP) and a lead-based
paint pre-renovation education program (PRE) in accordance with 406(b)
of TSCA. This document also announces that EPA is seeking comment
during a 45-day public comment period on the State of Oklahoma's self-
certification. This document also announces that the authorization of
the Oklahoma 402(c)(3) and 406(b) programs, which was deemed authorized
by regulation and statute on March 25, 2013, will continue without
further notice unless EPA, based on its own review and/or comments
received during the comment period, disapproves this Oklahoma program
application.

DATES: Comments identified by Docket Control Number EPA-R06-OPPT-2013-
0398, must be received on or before February 24, 2014.

ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Section I of this notice.

SUPPLEMENTARY INFORMATION: To ensure proper receipt by EPA, it is
important that you identify Docket Control Number EPA-R06-OPPT-2013-
0398 in

the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Cindy Parker, Toxics Section, Toxics,
Pesticides and Underground Storage Tanks Branch, Multimedia Planning
and Permitting Division, United States Environmental Protection Agency,
1445 Ross Avenue, Ste 1200, Dallas, Texas 75202-2733. The telephone
number where Ms. Parker can be reached is:<PHONE_NUMBER>. Ms. Parker
can be contacted via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Background
III. State Program Description Summaries
IV. Federal Overfiling
V. Withdrawal of Authorization

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, to entities
offering Lead Safe Renovation courses, and to firms and individuals
engaged in renovation and remodeling activities of pre-1978 housing and
child-occupied facilities in the State of Oklahoma. Individuals and
firms falling under the North American Industrial Classification System
(NAICS) codes 231118, 238210, 238220, 238320, 531120, 531210, 53131,
e.g., General Building Contractors/Operative Builders, Renovation
Firms, Individual Contractors, and Special Trade Contractors like
Carpenters, Painters, Drywall Workers and Plumbers, ``Home
Improvement'' Contractors, as well as Property Management Firms and
some Landlords are also affected by these rules. This listing is not
intended to be exhaustive, but rather provides a guide for readers
regarding entities likely to be affected by this action. Other types of
entities not listed here could also be affected. The NAICS codes have
been provided to assist you and others in determining whether this
action might apply to certain entities. If you have any questions
regarding the applicability of this action to a particular entity,
consult the technical person listed under FOR FURTHER INFORMATION
CONTACT.

B. How can I get additional information, including copies of this
document or other related documents?

    1. Electronically: you may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/
or from http://www.regulations.gov/. You can also go directly to the
Federal Register listings at http://www.gpoaccess.gov/fr/.
    2. In person: you may read this document, and certain other related
documents, by visiting the Oklahoma Department of Environmental
Quality, Central Records, 707 North Robinson Street, Oklahoma City,
Oklahoma 73102. You should arrange your visit to the ODEQ office by
contacting Rhonda Craig,<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>You may also read this document, and certain
other related documents, by visiting the United States Environmental
Protection Agency, Region 6 Office, 1445 Ross Avenue, Ste 700, Dallas,
TX 75202. You should arrange your visit to the EPA office by contacting
the technical person listed under FOR FURTHER INFORMATION CONTACT.
Also, EPA has established an official record for this action under
Docket Control Number EPA-R06-OPPT-2013-0398. The official record
consists of the documents specifically referenced in this action, this
notice, the State of Oklahoma 402(c)(3) and 406(b) program
authorization applications, documents related to EPA's offer to consult
with any affected Tribes in Oklahoma, any public comments received
during an applicable comment period, and other information related to
this action.

C. How and to whom do I submit comments?

    You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is important that
you identify Docket Identification Number EPA-R06-OPPT-2013-0398 in the
subject line on the first page of your response.
    Submit your comments, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. By mail: Submit your comments and hearing requests to: Cindy
Parker, Toxics Section, 6PD-T, United States Environmental Protection
Agency, 1445 Ross Avenue, Ste 1200, Dallas, Texas 75202-2733.
    3. By person or courier: Deliver your comments and hearing requests
to: Cindy Parker, Toxics Section, Multimedia Planning and Permitting
Division, United States Environmental Protection Agency, 1445 Ross
Avenue, Ste 700, Dallas, Texas 75202-2733. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding federal holidays.
    4. By fax:<PHONE_NUMBER>.
    5. By email: You may submit your comments and hearing requests
electronically by email to<EMAIL_ADDRESS>or mail your computer
disk to the address identified above. Do not submit any information
electronically that you consider Confidential Business Information
(CBI). Electronic comments must be submitted as an ASCII file avoiding
the use of special characters and any form of encryption. Comments and
data will also be accepted on standard disks in Microsoft Word or ASCII
file format.
    Instructions: Direct your comments to Docket ID Number EPA-R06-
OPPT-2013-0398. 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 email. 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 email comment directly to EPA without
going through http://www.regulations.gov, your email 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 or any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    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.

D. How should I handle CBI information that I want to submit to the
agency?

    Do not submit this information to EPA through regulations.gov or
email. Clearly mark on each page the part or all of the information
that you claim to be CBI. For CBI information in a disk or CD-ROM that
you mail to EPA, mark the outside of the disk or CD-ROM that you mail
to EPA as CBI, and then identify electronically within the disk or CD-
ROM the specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked as CBI will not be disclosed except in accordance
with procedures set forth in 40 CFR Part 2. If you have any questions
about CBI or the procedures for claiming CBI, please consult the
technical person identified under FOR FURTHER INFORMATION CONTACT.

E. What should I consider as I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments.
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you use.
    3. Provide copies of any technical information and/or data you use
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrive at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection
activity.
    7. Make sure to submit your comments by the deadline in this
notice.
    8. To ensure proper receipt by EPA, identify the Docket Control
Number assigned to this action in the subject line on the first page of
your response. You may also provide the name, date, and Federal
Register citation.

II. Background

A. What action is the agency taking?

    EPA is announcing that the State of Oklahoma on March 25, 2013, was
deemed authorized under section 404(a) of TSCA, 15 U.S.C. 2684(a) and
40 CFR 745.324(d)(2), to administer and enforce requirements for a
renovation, repair and painting program in accordance with section
402(c)(3) of TSCA, 15 U.S.C. 2682(c)(3), and a lead-based paint pre-
renovation education program in accordance with section 406(b) of TSCA,
15 U.S.C. 2686(b). This notice also announces that EPA is seeking
comment on Oklahoma's self-certification. The 402(c)(3) program ensures
that training providers are accredited to teach renovation classes,
that individuals performing renovation activities are properly trained
and certified as renovators, that firms are certified as renovation
firms, and that specific work practices are followed during renovation
activities. The 406(b) program ensures that owners and occupants of
target housing are provided information concerning potential hazards of
lead-based paint exposure before certain renovations are begun.
    On March 25, 2013, Oklahoma submitted an application under section
404 of TSCA requesting authorization to administer and enforce
requirements for a renovation, repair and painting program in
accordance with section 402(c)(3) of TSCA, and a pre-renovation
education program in accordance with section 406(b) of TSCA, and
submitted a self-certification that these programs are at least as
protective as the federal programs and provide for adequate
enforcement. Therefore, pursuant to section 404(a) of TSCA, and 40 CFR
745.324(d)(2), the Oklahoma renovation program and pre-renovation
education program are deemed authorized as of the date of submission
and until such time as the Agency disapproves the program application
or withdraws program authorization. Pursuant to section 404(b) of TSCA
and 40 CFR 745.324(e)(2), EPA is providing notice and an opportunity
for public comment on Oklahoma's self-certification. The authorization
of the Oklahoma 402(c)(3) and 406(b) programs, which were deemed
authorized by EPA on March 25, 2013, will continue without further
notice unless EPA, based on its own review and/or comments received
during the comment period, disapproves one or both of these Oklahoma
program applications. Oklahoma is not authorized to carry out its RRP
or PRE programs in ``Indian Country'', as defined in 18 USC 1151.
Therefore, this action has no effect on Indian country. EPA retains the
authority to implement and administer the RRP and PRE programs on these
lands.
    In accordance with the EPA policy on Consultation and Coordination
with Indian Tribes, EPA Region 6 has offered government-to-government
consultation to all Tribes within the State of Oklahoma. Any requested
consultations will be conducted in accordance with the policy and
completed by the date of the end of the public comment period February
24, 2014. Tribal consultation will be conducted in accordance with the
EPA policy on Consultation and Coordination with Indian Tribes
(www.epa.gov/tribal/consultation/consult-policy.htm).

B. What is EPA's authority for taking this action?

    On October 28, 1992, the Housing and Community Development Act of
1992, Public Law 102-550, became law. Title X of that statute was the
Residential Lead-Based Paint Hazard Reduction Act of 1992. That Act
amended TSCA (15 U.S.C. 2601 et seq.) by adding Title IV (15 U.S.C.
2681-2692), entitled ``Lead Exposure Reduction.'' On April 22, 2008,
EPA promulgated the final TSCA section 402(c)(3) regulations governing
renovation activities. See 73 FR 21692. These regulations require that
in order to do renovation activities for compensation, renovators must
first be properly trained and certified, must be associated with a
certified renovation firm, and must follow specific work practice
standards, including recordkeeping requirements. In addition, the rule
prescribes requirements for the training and certification of dust
sampling technicians. On June 1, 1998, EPA promulgated the final TSCA
section 406(b) regulations governing pre-renovation education
requirements in target housing. See 63 FR 29908. This program ensures
that owners and occupants of target housing are provided information
concerning potential hazards of lead-based paint exposure before
certain renovations are begun on that housing. In addition to providing
general information on the health hazards associated with exposure to
lead, EPA developed the lead hazard information pamphlet. This pamphlet
advises owners and occupants to take appropriate precautions to avoid
exposure to lead-contaminated dust and debris that are sometimes
generated during renovations. EPA believes that regulation of
renovation activities and the distribution of the pamphlet will help to
reduce the exposures that cause serious lead poisonings, especially in
children under age 6, who are particularly susceptible to the hazards
of lead.
    Under section 404 of TSCA, a state may seek authorization from EPA
to administer and enforce its own pre-renovation education program or
renovation, repair and painting program in lieu of the federal
programs. The

regulations governing the authorization of a state program under both
sections 402 and 406 of TSCA are codified at 40 CFR Part 745, subpart
Q. States that choose to apply for program authorization must submit a
complete application to the appropriate regional EPA office for review.
Those applications will be reviewed by EPA within 180 days of receipt
of the complete application. To receive EPA approval, a state must
demonstrate that its program is at least as protective of human health
and the environment as the federal program, and provides for adequate
enforcement, as required by Section 404(b) of TSCA. EPA's regulations
at 40 CFR Part 745, subpart Q, provide the detailed requirements a
state program must meet in order to obtain EPA approval. A state may
choose to certify that its own pre-renovation education program or
renovation, repair and painting program meets the requirements for EPA
approval, by submitting a letter signed by the Governor or Attorney
General stating that the program is at least as protective of human
health and the environment as the federal program and provides for
adequate enforcement. Upon submission of such a certification letter,
the program is deemed authorized pursuant to TSCA section 404(a) and 40
CFR 745.324(d)(2). This authorization becomes ineffective, however, if
EPA disapproves the application or withdraws the program authorization.

III. State Program Description Summaries

    A. The following excerpt is from the renovation, repair and
painting program description submitted in Oklahoma's self-certification
application:
    The Oklahoma Department of Environmental Quality (DEQ) submits this
application with the intent of self-certifying for authorization of the
federal Renovation, Repair and Painting (RRP) program, along with the
Pre-Renovation Education program. The Department of Environmental
Quality (DEQ) currently administers a comprehensive lead-based paint
(LBP) management program in Oklahoma with the authority of the
``Oklahoma LBP Management Act'' (Act), 27A Okla Stat. (O.S.) Sec.  2-
12-101 et seq. The LBP Management Rules, Okla. Admin. Code (OAC)
252:110-1-1 et seq. (Chapter 110) were adopted to fulfill the mandates
of the Act. The Chapter 110 rules establish mechanisms for
certification of individuals and firms, accreditation of training
providers, and implementation of performance standards for LBP
services. Chapter 110 was updated, and a new Subchapter 15 was added in
2012 to allow the DEQ to seek delegation of the RRP program.
    In general, the RRP provisions in 40 CFR Part 745 Subpart E were
incorporated by reference into the Oklahoma Administrative Code. The
items not incorporated by reference are those that are otherwise
mandated by the Act, or that were modified to blend the RRP program
into the existing state program. The differences are minor and all
concern the accreditation of training providers.
    The LBP/RRP program is administered by the Air Quality Division of
the DEQ. The point of contact for this program is Randall Ward,
Environmental Programs Manager, who can be reached by mail at Oklahoma
Department of Environmental Quality, Air Quality Division, P.O. Box
1677, 707 N. Robinson, Oklahoma City, OK 73101-1677, by telephone at
(405) 702-4128 or by fax at<PHONE_NUMBER>.
    Public rulemaking hearings for the adoption of the RRP program were
held in conjunction with approval of the revised Chapter 110 rules, and
the rules were affirmatively approved by the Oklahoma State Legislature
and the Governor on May 1, 2012. Public hearings were noticed in
accordance with the Oklahoma Administrative Procedures Act, and were
held on January 19, 2011; July 20, 2011; and October 5, 2011 before the
Oklahoma Air Quality Council. The rules were approved by the Council on
October 5, 2011, and after another public hearing on February 24, 2012
were approved by Oklahoma Environmental Quality Board.
    The Air Quality Division (AQD) has existed (within the Oklahoma
State Department of Health and later within the DEQ) since 1971. The
LBP Program is administered by the AQD and staffed by the Technical
Resources and Projects Section. The various LBP program duties
(enforcement, compliance, inspections, certification, accreditation,
public education) are accomplished through the efforts of three full-
time equivalent employees.
    For both LBP activity training and the RRP training, the Oklahoma
LBP Management Rules (Rules) incorporate by reference the federal
accreditation requirements in 40 CFR 745.225, except for those
subsections that address application dates, accreditation deadlines,
accredited training courses, programs that offer only refresher
courses, renewal timelines, and renewal deadlines. In addition to
providing the various dates, timelines and deadlines not incorporated
by reference from the federal rule, the Rules limit accreditation to
educational institutions and government agencies that offer ongoing and
continuous LBP training programs. In addition to the incorporations by
reference, Oklahoma rules provide for provisional accreditation, OAC
252:110-9-5. A stakeholder task force strongly recommended an on-site
evaluation of the training prior to issuing final accreditation in
order to ensure that the training organization operates according to
the information given in the accreditation application. Provisional
accreditation allows the training facility to provide training under
the conditions outlined in OAC 252:110-9-5. EPA rules do not provide
for an on-site evaluation of the training program prior to the issuance
of final accreditation. Therefore, Oklahoma's provisional accreditation
is essentially equivalent to EPA's final accreditation. DEQ further
ensures quality training by requiring an on-site evaluation before
final accreditation is issued.
    Refresher courses can be accredited only if the training program
has received accreditation for the initial discipline-specific training
course. Programs that have been accredited by another state or agency
must apply for and receive accreditation from DEQ before conducting or
advertising a training course in Oklahoma. An accredited training
program must notify the DEQ of course offerings, significant changes in
the program, course cancellations, and personnel changes. Annual
renewal is required and is based on documented implementation of
compliance updates as well as satisfactory course and instructor
evaluations.
    The Oklahoma RRP program is identical to the federal program except
for the accreditation requirements.

Program Elements

a. Public Information and Outreach
    Program information (applications, regulations, statutes, lists of
certified contractors, educational materials, etc.) is mailed to
customers upon request. Increasingly, most of this information can be
obtained through the Internet. The LBP Program pages are contained in
the ``Air Quality'' subset of the DEQ Home Page (http://www.deq.state.ok.us). As program resources allow, and dependent on
public demand, public outreach and education activities are performed.
b. Accreditation of Training Providers
    The federal program for accreditation of LBP training providers is
established in 40 CFR 745.225. DEQ incorporated this federal rule by
reference in OAC

252:110-5-1(2) with the following exceptions.

745.225(a)(2), which refers to application dates,
745.225(a)(3), which refers to accreditation deadlines,
745.225(f)(1), which refers to timelines for renewal of accreditation
of training programs, and
745.225(f)(2), which refers to renewal accreditation deadlines.
27A O.S. 2-12-303(D) establishes an annual renewal year for
accreditations from September 1 through August 31. Likewise,
accreditation timelines are established in OAC 252:110-7-2(c). In
addition to incorporating by reference 745.225(f)(3) and (f)(4), DEQ
provides criteria for re-accreditation of training programs at OAC
252:110-9-7.
745.225(b)(3), which refers to accredited training courses, and
745.225(e)(5), which refers to training programs offering refresher
training courses.

    These federal rules permit a training program to offer refresher
courses only. Per the eligibility requirements established in OAC
252:110-9-1, ``Training programs shall not receive accreditation for a
refresher course if they do not also receive accreditation for the
discipline-specific initial training course.'' This section also limits
accreditation to ``educational institutions and government agencies''.
c. Certification of Individuals and Firms
    Under the federal RRP program as incorporated by reference in the
Oklahoma regulations, individuals receive their certification by
completing courses at accredited training providers. RRP firms are
certified by the state using the federal procedure except for the
transition period from EPA to Oklahoma delegation. In that period, EPA
certified firms may transfer their certification to Oklahoma without
payment of fees until the certification expires.
d. Enforcement and Compliance
    The Oklahoma RRP program will rely heavily upon DEQ's Complaints
system. Since 1993 the state-wide complaints program has allowed
citizens access to a toll-free hotline and local Environmental Program
Specialists who can provide assistance and information. The complaints
system is also important to the LBP activities programs as it allows
industry competitors access to an anonymous reporting system.
    Although the DEQ prefers education and compliance assistance for
small businesses, the LBP/RRP program is fully supported by the DEQ's
enforcement authority. DEQ has the statutory authority to perform
inspections, pursue enforcement actions, and assess penalties.
Authority To Enter
    State law (27A O.S. Sec.  2-3-501) grants the authority for duly
authorized representatives of the DEQ to enter, through consent or
warrant, any private or public property where lead-based paint
activities or training may occur to conduct inspections, take samples,
and review records. Further, the Oklahoma LBP Management Act grants DEQ
the power to enforce the rules, collect samples for enforcement
purposes, and otherwise exercise the incidental powers necessary for
enforcement. See 27A O.S. Sec.  2-12-202(B). DEQ has further addressed
the issue of entrance for inspection purposes in OAC 252:110-7-3(c),
whereby holders of DEQ issued ``authorizations'' (such as
certifications and accreditations) have a duty to allow DEQ
representatives the right to inspect.
Enforcement Remedies
    All environmental programs administered by DEQ are designed to
focus agency efforts on assisting the regulated community with the
common goal of compliance with environmental regulations. Article III,
Part 5 of the ``Oklahoma Environmental Quality Code,'' (27A O.S. Sec.
2-1-102, et seq.), provides for the general enforcement of the DEQ
rules, permits, and orders and extends to all programs administered by
the DEQ (27A O.S. Sec.  2-3-506(D)). The aforementioned remedies are in
addition to those found in other Oklahoma law, including criminal
statutes contained in Title 21 of the Oklahoma Statutes. The civil
enforcement remedies include:
i. Letters and Notices
    Notices of Violation. 27A O.S. Sec.  2-3-502(A).
ii. Penalty Authority
    The DEQ may issue Administrative Compliance Orders, which may
include administrative penalties for past violations and stipulated
penalties for violations of Orders, and which may specify compliance
requirements and schedules and/or corrective action (27A O.S. Sec.  2-
3-502(B)). After notice and opportunity for an administrative hearing,
the DEQ may revoke, modify or suspend the holder's license in part or
in whole (27A O.S. Sec.  2-3-502(D)). The DEQ may also seek injunctive
relief to compel compliance with or prevent violation of any section of
the Code or any license or order issued pursuant thereto (27A O.S.
Sec.  2-3-504(A)(4)). Violations may be punished by monetary penalties
assessed in administrative proceedings (27A O.S. Sec.  2-3-502(K)), or
in civil proceedings (27A O.S. Sec.  2-3-504(A)(2)), not to exceed
$10,000.00 per day of noncompliance.
iii. Criminal Authority
    The DEQ may request either the Attorney General or the district
attorney of the appropriate district court of Oklahoma to criminally
prosecute anyone who violates the Code, rules promulgated thereunder,
or orders issued, or conditions of permits, licenses, certificates or
other authorizations prescribed pursuant thereto (27A O.S. Sec.  2-3-
504(I)). Such violations are misdemeanors, punishable by a fine of not
less than $200.00 for each violation and not more than $10,000.00 for
each violation and/or by imprisonment in the county jail for not more
than six months (27A O.S. Sec.  2-3-504(A)(1)). In addition, anyone who
knowingly makes a false statement in, or omits material data from, any
application for a permit, license, certificate or other authorization,
or any notice, analyses or report required by the Code, rules
promulgated thereunder, or permit, license, certificate or other
authorization issued pursuant thereto, or who knowingly alters any
sample may be guilty of a misdemeanor and subject to a fine of not more
than $5,000.00 for each such violation (27A O.S. Sec.  2-3-505).
Criminal sanctions may also be imposed pursuant to Oklahoma's Penal
Code. For example, persons who make false statements when advertising a
service can be guilty of a misdemeanor under 21 O.S. Sec.  1502.
Whether a violation will be recommended for criminal prosecution is a
case-by-case decision to be based upon the willfulness and severity of
the violation as well as the effect on human health and the
environment.
    B. The following summary is an excerpt from Oklahoma's renovation,
repair and painting program self-certification application:
    Because the Oklahoma Lead-Based Paint program already included EPA-
approved training provider elements that are considerably more
stringent than the federal program, Oklahoma chose to maintain that
portion of the Lead-Based Paint program for use with the new RRP
program. The differences include: Requirements that only educational
institutions and government agencies may become accredited; providers
must offer on-going programs that include both initial and refresher

training; and requirements for inspections, annual reviews, and
renewal. Fees for training providers were also modified so that the
annual renewal would not lead to a fee increase over the EPA program.
    During the public hearings before the Air Quality Council, concerns
were raised that the DEQ RRP program would cause financial hardship on
renovation firms and training providers that were already approved by
EPA at the time of delegation approval and might have several years
left before they were required to renew under the EPA program. In
response, the proposed rules were amended to include transition
language exempting EPA-approved firms and training providers from fees
until the expiration of their EPA-approval.
    The Oklahoma RRP program will utilize the existing accreditation
structure of inspections and close review to ensure a quality training
system. The existing DEQ enforcement system will also apply to the RRP
program, but for the RRP firms and their work practices, much of the
enforcement will come through the DEQ complaint system. The complaint
system uses a toll-free state wide number, strict timelines for
response and investigation, and referral to the various DEQ divisions
for expert follow-up. The DEQ complaint system is well-established and
has proven effective in all programs, including the Oklahoma LBP
activities program. The activities program provides a network of
individuals and firms throughout the state that also self-monitor to
assist in compliance.

IV. Federal Overfiling

    Section 404(b) of TSCA makes it unlawful for any person to violate,
or fail or refuse to comply with, any requirement of an approved state
program. Therefore, EPA reserves the right to exercise its enforcement
authority under TSCA against a violation of, or a failure or refusal to
comply with, any requirement of an authorized state program.

V. Withdrawal of Authorization

    Pursuant to section 404(c) of TSCA, the EPA Administrator may
withdraw authorization of a State or Indian tribal renovation, repair
and painting program, and/or a lead-based paint pre-renovation
education program, after notice and opportunity for corrective action,
if the program is not being administered or enforced in compliance with
standards, regulations, and other requirements established under the
authorization. The procedures U.S. EPA will follow for the withdrawal
of an authorization are found at 40 CFR 745.324(I).

List of Subjects in 40 CFR 745

    Environmental protection, Hazardous substances, Lead poisoning,
Reporting and recordkeeping requirements.

    Dated: December 19, 2013.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2014-00270 Filed 1-9-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Notices]
[Pages 79325-79326]
[FR Doc No: 2015-31955]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. Nj16-2-000]

City of Riverside, California; Notice of Filing

    Take notice that on December 9, 2015, City of Riverside, California
submitted its tariff filing: Riverside 2016 Transmission Revenue
Balancing Account Adjustment Update to be effective 1/1/2016.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the

comment date, it is not necessary to serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on December 30, 2015.

    Dated: December 15, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-31955 Filed 12-18-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Notices]
[Page 8724]
[FR Doc No: 2016-03573]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0001]

Nonprescription Drugs Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Nonprescription Drugs Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on April 15, 2016, from 8
a.m. to 5 p.m.
    Location: Hilton Washington DC North/Gaithersburg, Grand Ballroom,
620 Perry Pkwy., Gaithersburg, MD 20877. The hotel's telephone number
is<PHONE_NUMBER>.
    Contact Person: Moon Hee V. Choi, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
31, Rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, FAX: 301-847-
8533<EMAIL_ADDRESS>or FDA Advisory Committee Information Line, 1-
800-741-8138<PHONE_NUMBER> in the Washington, DC area). A notice in the
Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.
    Agenda: The committee will discuss data submitted by Galderma
Laboratories, L.P. to support supplemental new drug application (sNDA)
20-380, for over-the-counter (OTC) marketing of adapalene gel 0.1%. The
proposed OTC use is for the treatment of acne and to clear up acne
pimples and acne blemishes. The applicant proposes to label the product
for 12 years and older. The committee will be asked to consider whether
data support an acceptable risk/benefit profile for the nonprescription
use of adapalene gel 0.1% by OTC consumers.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
April 1, 2016. Oral presentations from the public will be scheduled
between approximately 1 p.m. and 2 p.m. Those individuals interested in
making formal oral presentations should notify the contact person and
submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before March 24, 2016. Time allotted for
each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public hearing
session. The contact person will notify interested persons regarding
their request to speak by March 25, 2016.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Moon Hee V. Choi at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: February 17, 2016.
Jill Hartzler Warner,
Associate Commissioner for Special Medical Programs.
[FR Doc. 2016-03573 Filed 2-19-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Notices]
[Page 21894]
[FR Doc No: 2019-09982]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Intent To Release Airport Property

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of intent to rule on request to release airport property
for non-aeronautical use; Lake Louise Airport (Z55), Lake Louise,
Alaska.

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SUMMARY: The FAA proposes to rule and invites public comment on the
interim release of the aeronautical use only provision for land at the
Lake Louise Airport, Lake Louise, Alaska.

DATES: Comments must be received on or before June 14, 2019.

ADDRESSES: Documents are available for review by appointment at the FAA
Alaskan Region Airports Division, Molly Lamrouex, Compliance Manager,
222 W 7th Avenue, Anchorage, AK. Telephone:<PHONE_NUMBER> and the
Alaska Department of Transportation & Public Facilities, 2301 Peger
Road, Fairbanks, Alaska. Telephone:<PHONE_NUMBER>.
    Written comments on the Sponsor's request must be delivered or
mailed to: Molly Lamrouex, Compliance Manager, Federal Aviation
Administration, Alaskan Region Airports Division, 222 W 7th Avenue,
Anchorage, AK 99513, Telephone Number:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Molly Lamrouex, Compliance Manager,
Federal Aviation Administration, Alaskan Region Airports Division, 222
W 7th Avenue, Anchorage, AK 99513. Telephone Number:<PHONE_NUMBER>/FAX
Number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release the aeronautical use only grant provision for
improvements to an existing public boat ramp west of runway 13 operated
by the Matanuska-Susitna Borough, under the provisions of 49 U.S.C.
47107(h)(2). The Alaska Department of Transportation and Public
Facilities has requested from the FAA that a portion of airport
property already in use as a public boat ramp be retroactively released
for non-aeronautical use. This release will also accommodate a proposed
expansion of the boat ramp public parking area. The Matanuska-Susitna
Borough operates the boat ramp as a public service and no payment to
the airport is proposed. The FAA has determined that the release of the
property will not likely adversely impact future aviation needs at the
airport, though the expanded parking area will affect the sponsors
ability to seek lower approach minimums. The FAA may approve the
request, in whole or in part, no sooner than 30 days after the
publication of this notice.
    This release is considered to be for the benefit of the community
and will not generate revenue.

    Issued in Anchorage, Alaska, on May 9, 2019.
Kristi A. Warden,
Director, Alaskan Region Airports Division FAA.
[FR Doc. 2019-09982 Filed 5-14-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 133 (Wednesday, July 11, 2012)]
[Notices]
[Pages 40875-40878]
[FR Doc No: 2012-16868]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

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

    Docket Numbers: EC12-114-000.
    Applicants: Dominion Energy Salem Harbor, LLC, Footprint Power
Acquisitions LLC, Footprint Power Real Estate LP, Footprint Salem
Harbor Operations LLC.
    Description: FPA Section 203 Application of Footprint Power
Acquisitions LLC, et al. and Request for Expedited Consideration.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5232.
    Comments Due: 5 p.m. ET 7/20/12.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG12-81-000.
    Applicants: Blue Sky East, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Blue Sky East, LLC.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5152.
    Comments Due: 5 p.m. ET 7/20/12.

    Docket Numbers: EG12-82-000.
    Applicants: Meadow Creek Project Company LLC.
    Description: Self-Certification of EWG Status of Meadow Creek
Project Company LLC.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5217.
    Comments Due: 5 p.m. ET 7/20/12.

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

    Docket Numbers: ER10-2130-004.
    Applicants: Forward Energy LLC.
    Description: Triennial Report of Forward Energy LLC.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5105.
    Comments Due: 5 p.m. ET 8/28/12.

    Docket Numbers: ER10-2136-004.
    Applicants: Invenergy Cannon Falls LLC.
    Description: Triennial Report Invenergy Cannon Falls LLC.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5113.
    Comments Due: 5 p.m. ET 8/28/12.

    Docket Numbers: ER10-2405-002; ER10-2407-002; ER10-2425-002; ER10-
2424-002.
    Applicants: High Prairie Wind Farm II, LLC, Pioneer Prairie Wind
Farm I, LLC, Rail Splitter Wind Farm, LLC, Lost Lakes Wind Farm LLC.

    Description: Updated market power analysis of High Prairie Wind
Farm II, LLC, Lost Lakes Wind Farm LLC, Pioneer Prairie Wind Farm I,
LLC, and Rail Splitter Wind Farm, LLC.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5101.
    Comments Due: 5 p.m. ET 8/28/12.

    Docket Numbers: ER10-2431-002; ER10-2434-002; ER10-2467-002; ER11-
3731-002; ER10-2436-002 .
    Applicants: Wapsipinicon Wind Project, LLC, Hoosier Wind Project,
LLC, Chanarambie Power Partners, LLC, Fenton Power Partners I, LLC, LWP
Lessee, LLC.
    Description: Triennial Market Power Analysis Update of enXco
Central Region Companies.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5119.
    Comments Due: 5 p.m. ET 8/28/12.

    Docket Numbers: ER10-2563-001.
    Applicants: Wisconsin Electric Power Company.
    Description: Wisconsin Electric Power Company's Triennial Market
Power Analysis Report for 2012.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5211.
    Comments Due: 5 p.m. ET 8/28/12.

    Docket Numbers: ER10-2616-002; ER10-2586-001; ER10-2647-002.
    Applicants: Dynegy Marketing and Trade, LLC, Dynegy Midwest
Generation, LLC, Dynegy Power Marketing, LLC.
    Description: Market Power Analysis of Dynegy Marketing and Trade,
LLC, et al.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5139.
    Comments Due: 5 p.m. ET 8/28/12.

    Docket Numbers: ER10-2738-002.
    Applicants: The Empire District Electric Company.
    Description: Updated Market Power Analysis of The Empire District
Electric Company.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5138.
    Comments Due: 5 p.m. ET 8/28/12.

    Docket Numbers: ER10-2985-003; ER10-3049-004; ER10-3051-004.
    Applicants: Champion Energy Marketing LLC, Champion Energy
Services, LLC, Champion Energy, LLC.
    Description: Updated Market Power Analysis for the Central Region
of Champion Energy Marketing LLC, et al.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5216.
    Comments Due: 5 p.m. ET 8/28/12.

    Docket Numbers: ER10-2994-006; ER12-2075-001; ER12-2076-001; ER12-
2077-001; ER12-2078-001; ER12-2081-001; ER12-2083-001; ER12-2084-001;
ER12-2086-001; ER12-2108-001; ER12-2097-001; ER12-2101-001; ER12-2102-
001; ER12-2109-001; ER12-2106-001; ER12-2107-001.
    Applicants: MinnDakota Wind LLC, Northern Iowa Windpower II LLC,
Flying Cloud Power Partners, LLC, Moraine Wind LLC, Trimont Wind I LLC,
Barton Windpower LLC, Elm Creek Wind, LLC, Farmers City Wind, LLC,
Buffalo Ridge I LLC, Moraine Wind II LLC, Buffalo Ridge II LLC, Elm
Creek Wind II LLC, Atlantic Renewable Projects II LLC, New Harvest Wind
Project LLC, Rugby Wind LLC, Iberdrola Renewables, LLC.
    Description: Updated Market Power Analysis of Iberdrola Renewables,
LLC, et al. for the Central Region.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5135.
    Comments Due: 5 p.m. ET 8/28/12.

    Docket Numbers: ER10-3079-003; ER12-126-005.
    Applicants: Tyr Energy, LLC, Trademark Merchant Energy, LLC.
    Description: Updated market power analysis for Tyr Energy, LLC, et
al.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5086.
    Comments Due: 5 p.m. ET 8/28/12.

    Docket Numbers: ER11-3084-003; ER11-3097-003; ER12-1010-001; ER10-
1186-002; ER10-1277-002; ER10-1211-002; ER10-1188-002.
    Applicants: The Detroit Edison Company, DTE Energy Trading, Inc.,
DTE River Rouge No. 1, LLC, DTE Energy Supply, Inc., DTE East China,
LLC, DTE Pontiac North, LLC, DTE Stoneman, LLC.
    Description: Updated Market Power Analysis of The Detroit Edison
Company, et al.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5074.
    Comments Due: 5 p.m. ET 8/28/12.

    Docket Numbers: ER11-4044-005.
    Applicants: Gratiot County Wind LLC.
    Description: Triennial Report of Gratiot County Wind LLC.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5108.
    Comments Due: 5 p.m. ET 8/28/12.

    Docket Numbers: ER11-4046-004
    Applicants: Gratiot County Wind II LLC.
    Description: Triennial Report of Gratiot County Wind II LLC.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5106.
    Comments Due: 5 p.m. ET 8/28/12.

    Docket Numbers: ER12-164-003.
    Applicants: Bishop Hill Energy III LLC.
    Description: Triennial Report of Bishop Hill Energy III LLC.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5111.
    Comments Due: 5 p.m. ET 8/28/12.

    Docket Numbers: ER12-645-004.
    Applicants: California Ridge Wind Energy LLC.
    Description: Triennial Report of California Ridge Wind Energy LLC.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5112.
    Comments Due: 5 p.m. ET 8/28/12.

    Docket Numbers: ER12-1403-002.
    Applicants: Consolidated Edison Company of New York, Inc.
    Description: Amendment of RY3 filing to be effective 4/1/2012.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5096.
    Comments Due: 5 p.m. ET 7/20/12.

    Docket Numbers: ER12-2145-000.
    Applicants: EC&R O&M LLC.
    Description: Application for Market-Based Rate Authority to be
effective 6/29/2012.
    Filed Date: 6/29/12.
    Accession Number: 20120629-5069.
    Comments Due: 5 p.m. ET 7/20/12.
    Docket Numbers: ER12-2146-000
    Applicants: Interstate Power and Light Company
    Description: Cancellation of IPL and Vienna Wind LBA Agreement to
be effective 9/1/2012.
    Filed Date: 6/29/12
    Accession Number: 20120629-5090
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2147-000
    Applicants: Pacific Gas and Electric Company
    Description: Amendment to Extend the PG&E-NCPA Interconnection
Agreement to be effective 8/31/2012.
    Filed Date: 6/29/12
    Accession Number: 20120629-5107
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2148-000
    Applicants: ITC Midwest LLC
    Description: Filing of an Interconnection Agreement with Archer-
Daniels-Midland Co. to be effective 8/29/2012.
    Filed Date: 6/29/12
    Accession Number: 20120629-5122
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2149-000
    Applicants: Pacific Gas and Electric Company
    Description: Amendment to Extend the PG&E--SVP Interconnection
Agreement to be effective 8/31/2012.
    Filed Date: 6/29/12
    Accession Number: 20120629-5127
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2150-000
    Applicants: Plains and Eastern Clean Line LLC, Plains and Eastern
Clean Line Oklahoma LLC
    Description: Application of Plains and Eastern Clean Line LLC and
Plains and

Eastern Clean Line Oklahoma LLC for Authorization to Sell Transmission
Services at Negotiated Rates and for Related Relief.
    Filed Date: 6/29/12
    Accession Number: 20120629-5129
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2151-000
    Applicants: Northern States Power Company, a Minnesota Corporation
    Description: 2012-6-29--SS Const Agrmt-283-NSP to be effective 6/5/
2012.
    Filed Date: 6/29/12
    Accession Number: 20120629-5131
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2152-000
    Applicants: PJM Interconnection, L.L.C.
    Description: Original Service Agreement No. 3335; Queue No. X1-034
to be effective 6/7/2012.
    Filed Date: 6/29/12
    Accession Number: 20120629-5134
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2153-000
    Applicants: Golden Spread Electric Cooperative, Inc.
    Description: 2012 Annual Update and Amendment to be effective 6/30/
2012.
    Filed Date: 6/29/12
    Accession Number: 20120629-5147
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2154-000
    Applicants: PacifiCorp
    Description: OATT Attachment N to be effective 8/29/2012.
    Filed Date: 6/29/12
    Accession Number: 20120629-5158
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2155-000
    Applicants: PJM Interconnection, L.L.C.
    Description: Filing of First Revised Service Agreement No. 3144;
Queue No. W2-056 to be effective 6/12/2012.
    Filed Date: 6/29/12
    Accession Number: 20120629-5169
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2156-000
    Applicants: Midwest Independent Transmission System, ITC Midwest
LLC
    Description: SA 2453 ITC Midwest--Northern States to be effective
8/29/2012.
    Filed Date: 6/29/12
    Accession Number: 20120629-5171
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2157-000
    Applicants: Southwest Power Pool, Inc.
    Description: 2198R2 Kansas Power Pool NITSA NOA to be effective 6/
1/2012.
    Filed Date: 6/29/12
    Accession Number: 20120629-5175
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2158-000
    Applicants: Interstate Power and Light Company
    Description: IPL Changes in Depreciation Rates for Wholesale
Production Service to be effective 7/1/2012.
    Filed Date: 6/29/12
    Accession Number: 20120629-5176
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2159-000
    Applicants: Canadian Hills Wind, LLC
    Description: Application for Market-Based Rate Authority and
baseline tariff to be effective 8/28/2012.
    Filed Date: 6/29/12
    Accession Number: 20120629-5179
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2160-000
    Applicants: Southwest Power Pool, Inc.
    Description: 1166R16 Oklahoma Municipal Power Authority NITSA NOA
to be effective 6/1/2012.
    Filed Date: 6/29/12
    Accession Number: 20120629-5182
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2161-000
    Applicants: Duke Energy Carolinas, LLC
    Description: Amendment to Formula Rate (June 2012) to be effective
6/1/2011.
    Filed Date: 6/29/12
    Accession Number: 20120629-5186
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2162-000
    Applicants: Southwest Power Pool, Inc.
    Description: 2379 Flat Ridge 2 Wind Energy, LLC Meter Agent
Agreement to be effective 6/1/2012.
    Filed Date: 6/29/12
    Accession Number: 20120629-5190
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2163-000
    Applicants: Southwest Power Pool, Inc.
    Description: 1636R8 Kansas Electric Power Cooperative, Inc. to be
effective 6/1/2012.
    Filed Date: 6/29/12
    Accession Number: 20120629-5192
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2164-000
    Applicants: Florida Power & Light Company
    Description: FPL Revisions to LCEC Rate Schedule FERC No. 312 to be
effective 1/1/2011.
    Filed Date: 6/29/12
    Accession Number: 20120629-5197
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2165-000
    Applicants: Florida Power & Light Company
    Description: FPL Revisions to LCEC Rate Schedule FERC No. 317 to be
effective 1/1/2014.
    Filed Date: 6/29/12
    Accession Number: 20120629-5199
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2166-000
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc.'s Notice of Cancellation.
    Filed Date: 6/29/12
    Accession Number: 20120629-5209
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2167-000
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc.'s Notice of Cancellation.
    Filed Date: 6/29/12
    Accession Number: 20120629-5212
    Comments Due: 5 p.m. ET 7/20/12

    Docket Numbers: ER12-2168-000
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc.'s Notice of Cancellation of
Large Generator Interconnection Agreement.
    Filed Date: 6/29/12
    Accession Number: 20120629-5214
    Comments Due: 5 p.m. ET 7/20/12

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH12-18-000
    Applicants: Citizens Energy Corporation
    Description: Waiver Notification of Status as Single-State Holding
Company System of Citizens Energy Corporation (FERC65-B).
    Filed Date: 6/29/12
    Accession Number: 20120629-5118
    Comments Due: 5 p.m. ET 7/20/12

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or 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: June 29, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-16868 Filed 7-10-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 210 (Monday, October 31, 2016)]
[Rules and Regulations]
[Pages 75327-75328]
[FR Doc No: 2016-26235]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0948]

Drawbridge Operation Regulation; Newtown Creek, Brooklyn and
Queens, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Pulaski Bridge across the Newtown
Creek, mile 0.6, between Brooklyn and Queens, New York. This deviation
is necessary to allow the bridge owner to perform span locks adjustment
at the bridge.

DATES: This deviation is effective from 12:01 a.m. on November 8, 2016
to 5 a.m. on December 2, 2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0948] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Judy Leung-Yee, Project Officer,
First Coast Guard District, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Pulaski Bridge, mile 0.6, across the
Newtown Creek, has a vertical clearance in the closed position of 39
feet at mean high water and 43 feet at mean low water. The existing
bridge operating regulations are found at 33 CFR 117.801(g)(1).
    The waterway is transited by commercial barge traffic of various
sizes.

    The bridge owner, New York City DOT, requested a temporary
deviation from the normal operating schedule to perform span locks
adjustment at the bridge.
    Under this temporary deviation, the Pulaski Bridge shall remain in
the closed position as follows:
    November 8, 2016 between 12:01 a.m. and 5 a.m.
    November 9, 2016 between 12:01 a.m. and 5 a.m.
    November 10, 2016 between 12:01 a.m. and 5 a.m.
    November 11, 2016 between 12:01 a.m. and 5 a.m.
    November 15, 2016 between 12:01 a.m. and 5 a.m.
    November 16, 2016 between 12:01 a.m. and 5 a.m.
    November 17, 2016 between 12:01 a.m. and 5 a.m.
    November 18, 2016 between 12:01 a.m. and 5 a.m.
    November 22, 2016 between 12:01 a.m. and 5 a.m.
    November 23, 2016 between 12:01 a.m. and 5 a.m.
    November 24, 2016 between 12:01 a.m. and 5 a.m.
    November 25, 2016 between 12:01 a.m. and 5 a.m.
    November 29, 2016 between 12:01 a.m. and 5 a.m.
    November 30, 2016 between 12:01 a.m. and 5 a.m.
    December 1, 2016 between 12:01 a.m. and 5 a.m.
    December 2, 2016 between 12:01 a.m. and 5 a.m.
    Vessels able to pass under the bridge in the closed position may do
so at anytime. The bridge will not be able to open for emergencies and
there is no immediate alternate route for vessels to pass.
    The Coast Guard will inform the users of the waterways through our
Local Notice and Broadcast to Mariners of the change in operating
schedule for the bridge so that vessel operations can arrange their
transits to minimize any impact caused by the temporary deviation. The
Coast Guard notified known companies of the commercial oil and barge
vessels in the area and they have no objections to the temporary
deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: October 26, 2016.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2016-26235 Filed 10-28-16; 8:45 am]
BILLING CODE 9110-04-P