[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Rules and Regulations]
[Pages 56385-56389]
[FR Doc No: 2019-22909]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0044; EPA-R05-OAR-2015-0699; FRL-10001-26-Region 5]

Approval of Air Quality Implementation Plans; Ohio and West
Virginia; Attainment Plans for the Steubenville, Ohio-West Virginia
2010 Sulfur Dioxide Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA), two State Implementation Plan (SIP) revision
submittals, submitted by Ohio and West Virginia, respectively. The Ohio
and West Virginia submittals include each State's attainment
demonstration for the Steubenville Ohio-West Virginia sulfur dioxide
(SO2) nonattainment area (hereinafter ``Steubenville Area''
or ``Area''). Each SIP contains an attainment demonstration,
enforceable emission limits, control measures and other elements
required under the CAA to address the nonattainment area requirements
for the Steubenville Area. EPA concludes that the Ohio and West
Virginia attainment plan submittals demonstrate that the provisions in
the respective SIPs provide for attainment of the 2010 primary
SO2 national ambient air quality standard (NAAQS) in the
entire Steubenville Area and meet the requirements of the CAA. EPA is
also approving into the West Virginia SIP new emissions limits,
operational restrictions, and associated compliance requirements for
Mountain State Carbon, and approving into the Ohio SIP the limits on
emissions from Mingo Junction Energy Center, JSW Steel, and the
Cardinal Power Plant.

DATES: This final rule is effective on November 21, 2019.

ADDRESSES: EPA has established dockets for this action under Docket ID
Nos. EPA-R03-OAR-2019-0044 and EPA-R05-OAR-2015-0699. All documents in
the docket are listed on the www.regulations.gov website. Although
listed in the index, some information is not publicly available, i.e.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through www.regulations.gov, or please contact
the applicable Region III or Region V person identified in the For
Further Information Contact section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers at EPA Region III,
Planning & Implementation Branch (3AD30), Air & Radiation Division,
U.S. Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103,<PHONE_NUMBER>,
<EMAIL_ADDRESS>John Summerhays at EPA Region V, Attainment
Planning and Maintenance Section, Air Programs Branch (AR-18J),
Environmental Protection Agency,

Region V, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
886-6067<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The following outline is provided to aid in
locating information in this preamble.

Table of Contents

I. Summary of EPA's Notice of Proposed Rulemaking
II. Comments and EPA's Responses
III. EPA's Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Summary of EPA's Notice of Proposed Rulemaking

    Following the promulgation in 2010 of a 1-hour primary
SO2 NAAQS, EPA designated a two-State Steubenville, Ohio-
West Virginia area (among other areas) as nonattainment for this NAAQS.
Ohio and West Virginia submitted SIP revision requests to address the
attainment planning requirements that then applied for this area.
Ohio's requested SIP revision was submitted to EPA through the Ohio
Environmental Protection Agency (OEPA) on April 1, 2015 with
supplemental submissions on October 13, 2015, March 25, 2019, and June
25, 2019. West Virginia's requested SIP revision was submitted to EPA
through the West Virginia Department of Environmental Protection
(WVDEP) on April 25, 2016, with a supplemental submission from WVDEP on
November 27, 2017 and a clarification letter on May 1, 2019.
    On June 24, 2019, at 84 FR 29456, EPA published a notice of
proposed rulemaking (NPRM) on Ohio's and West Virginia's plans for
assuring that the Steubenville Area attains the 2010 SO2
NAAQS. Because the Area includes portions in both Ohio and West
Virginia, each State was required to submit plans that in combination
provided for attainment throughout the two-State area. EPA published a
combined NPRM on the two States' submittals addressing whether these
submittals satisfied applicable requirements throughout the Area.
Ohio's submittal included proposed rules with a proposed emission limit
for the Cardinal Power Plant. EPA's NPRM proposed to approve the two
States' submittals contingent upon Ohio adopting and submitting these
rules in final form.
    The NPRM provided extensive discussion of EPA's rationale for
proposing to approve the two States' submittals as meeting these
requirements. The NPRM described the requirements that nonattainment
plans are designed to meet. Notably, Ohio's plan included a 30-day
average SO2 emission limit for the Cardinal Power Plant
(Cardinal), and the West Virginia plan included 24-hour average
SO2 emission limits for the Mountain State Carbon facility.
The NPRM included an extensive discussion of EPA's guidance on the use
of such longer term average emission limits, including a full
discussion of EPA's rationale for concluding that properly set longer
term average SO2 emission limits (in particular, longer term
emission limits that are comparably stringent to the 1-hour limits that
would otherwise be established) can be effective in providing for
attainment. The NPRM then described EPA's review of the modeling that
the States submitted to demonstrate that the limits they adopted would
provide for attainment of the 2010 SO2 NAAQS and described
EPA's review of whether the submittals met other applicable
requirements such as the requirements for an emissions inventory and
for reasonably available control measures.
    On this basis, EPA proposed to conclude that, in combination with
the other limits in Ohio's and West Virginia's plans, these longer term
average SO2 emission limits assure attainment in the
Steubenville Area. More generally, EPA proposed to approve Ohio's and
West Virginia's SIP submittals as addressing the nonattainment planning
requirements, provided Ohio adopted and submitted in final form its
proposed rules limiting emissions from the Cardinal power plant.

II. Comments and EPA's Responses

    EPA received two comment letters on the NPRM, from owners of two of
the facilities affected by these plans. JSW Steel provided brief
comments supporting EPA's proposed action. Mountain State Carbon also
expressed support for EPA's proposed action but identified various
alleged factual errors in the NPRM that it sought to correct for the
record. The following paragraph describes Mountain State Carbon's
requested corrections and EPA's responses.
    Mountain State Carbon identified several emission rates listed in
the NPRM as inconsistent with the emissions reflected in Ohio's and
West Virginia's plans. These claims are summarized in Table 1. For
convenience, EPA's response is also listed in the table. In each case,
EPA agrees with Mountain State Carbon's requested correction.

                              Table 1--Emission Rates Identified as Being in Error
                                           [Abbreviations shown below]
----------------------------------------------------------------------------------------------------------------
                                                                                Does EPA agree with
       Source                Unit(s)               NPRM value         Recommended value             MSC?
----------------------------------------------------------------------------------------------------------------
MJEC...............  4 units...............  20.34 lb/hr each.....  0.5 lb/hr each (total  Yes.
                                                                     of 2 lb/hr).
MSC................  Battery #8 pushing,     15.72 lb/hr..........  9.8 lb/hr............  Yes.
                      outage operation.
MSC................  Battery #1 combustion.  241.5lb#/hr..........  76.8 lb/hr...........  Yes.
MSC................  At issue *............  Limit (1.32 g/s or     Emission limit         Yes.
                                              10.48 lb/hr) applies   (correct value)
                                              to power boilers.      applies to Battery 1/
                                                                     2/3 pushing baghouse.
----------------------------------------------------------------------------------------------------------------
* The commenter states that the NPRM (the footnote to Table 4) assigns a limit incorrectly, that the limit of
  1.32 g/s (10.32 lb/hr) applies not to the power boilers but instead to the Battery 1/2/3 pushing baghouse. EPA
  agrees.
Abbreviations: MJEC--Mingo Junction Energy Center; MSC--Mountain State Carbon; NPRM Value--Value cited in NPRM;
  Recommended Value--Value that MSC cites as the correct value; lb/hr--pounds per hour; g/s--grams per second.

    EPA is correcting the record accordingly. Mountain State Carbon
states that it does not believe that its comments are material to the
proposed approval of the SIP, and that it supports EPA's action.
Moreover, Mountain State Carbon explains that the corrected values are
provided in West Virginia's submission. EPA agrees, and concludes that
making these corrections, which more accurately characterizes the
emission rates in Ohio's and West Virginia's modeled attainment plans,
and which in the aggregate reflect lower allowable emission rates than
EPA had

presented in the NPRM, does not necessitate reconsidering the validity
of the attainment demonstration.

III. EPA's Final Action

    EPA is approving two SIP revision submittals, one submitted by the
State of Ohio on April 1, 2015, which Ohio supplemented on October 13,
2015, March 25, 2019, and June 25, 2019, and the other submitted by the
State of West Virginia on April 25, 2016, which West Virginia
supplemented on November 27, 2017, with a clarification letter
submitted on May 1, 2019. The proposed approval was contingent on Ohio
adopting and submitting in final form the limit for Cardinal that it
submitted in proposed form on March 25, 2019. Ohio has adopted the
limit it had proposed, effective July 5, 2019, and submitted this limit
to EPA on June 25, 2019.\1\
---------------------------------------------------------------------------

    \1\ In conjunction with the newly adopted limit for Cardinal and
resubmitted limits for other Ohio sources, in Ohio Administrative
Code (OAC) 3745-18-47, Ohio also adopted and submitted associated
compliance deadlines and compliance determination procedures, in OAC
3745-18-03 and 3745-18-04, respectively.
---------------------------------------------------------------------------

    Ohio's and West Virginia's submittals represent their plans for
attaining the 2010 SO2 NAAQS and how they are meeting other
nonattainment area planning requirements. EPA is approving the
attainment demonstrations, emissions limitations and control measures,
the base year emissions inventory, nonattainment new source review
program, reasonable further progress, and reasonably available control
technology/reasonably available control measures, and contingency
measures submitted by Ohio and West Virginia for the Steubenville Area.
In the West Virginia SIP, EPA is approving the consent order between
West Virginia and Mountain State Carbon identified as CO-SIP-C-2017-9,
effective September 29, 2017, containing emission limits and other
measures for Mountain State Carbon, including operational restrictions
and sulfur content limits during the periods in which the
desulfurization unit for Mountain State Carbon is shut down for
maintenance purposes, and their associated compliance requirements. In
the Ohio SIP, EPA is approving OAC Rule 3745-18-03, the pertinent
sections of 3745-18-04,\2\ and 3745-18-47.
---------------------------------------------------------------------------

    \2\ EPA has historically not taken action on several paragraphs
of OAC 3745-18-04. Ohio requested that EPA approve ``the revisions
to . . . 3745-18-04 . . ., with the exception of [several listed
portions of OAC 3745-18-04 that mostly have not previously been
approved].'' Although Ohio's rulemaking for this submittal only
revised paragraph (D)(11) of this rule, for administrative
convenience EPA is reapproving all of OAC 3745-18-04 except for the
listed paragraphs.
---------------------------------------------------------------------------

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Ohio and
West Virginia Regulations described in the amendments to 40 CFR part 52
set forth below. EPA has made, and will continue to make, these
documents generally available through www.regulations.gov, and at the
EPA Region III and Region V Offices (please contact the applicable
person identified in the For Further Information Contact section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\3\
---------------------------------------------------------------------------

    \3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 23, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and

shall not postpone the effectiveness of such rule or action.
    This action to approve the Steubenville Area attainment plans for
Ohio and West Virginia may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements, Sulfur oxides.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: September 23, 2019
Cosmo Servidio,
Regional Administrator, Region III.
    Dated: October 7, 2019
Cathy Stepp,
Regional Administrator, Region V.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. Section 52.1870 is amended:
0
a. In the table in paragraph (c), under ``Chapter 3745-18 Sulfur
Dioxide Regulations,'' by revising the entries for ``3745-18-03'',
``3745-18-04'' (with a State effective date of 2/16/2017), and ``3745-
18-47''; and
0
b. In the table in paragraph (e), under the heading ``Summary of
Criteria Pollutant Attainment Plans,'' by adding a second entry for
``SO2 (2010)'' after the entry for ``SO2 (2010)''
(with a State date of 2/16/2017).
    The revisions and additions read as follows:

Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Ohio Regulations
----------------------------------------------------------------------------------------------------------------
                                                   Ohio effective
        Ohio citation            Title/subject          date        EPA approval date             Notes
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Chapter 3745-18 Sulfur Dioxide Regulations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
3745-18-03..................  Compliance Time            7/5/2019  10/22/2019, [insert  ........................
                               Schedules.                           Federal Register
                                                                    citation].

                                                  * * * * * * *
3745-18-04..................  Measurement Methods        7/5/2019  10/22/2019, [insert  Except (D)(2), (D)(3),
                               and Procedures.                      Federal Register     (D)(5), (D)(6),
                                                                    citation].           (D)(9)(c), (E)(2),
                                                                                (E)(3), and (E)(4).

                                                  * * * * * * *
3745-18-47..................  Jefferson County           7/5/2019  10/22/2019, [insert  ........................
                               Emission Limits.                     Federal Register
                                                                    citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                         EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                    Applicable
                                 geographical or
             Title                non-attainment     State date         EPA approval              Comments
                                       area
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Summary of Criteria Pollutant Attainment Plans
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
SO2 (2010)....................  Steubenville.....         6/25/19  10/22/2019, [insert     .....................
                                                                    Federal Register
                                                                    citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2520 is amended:
0
a. In the table in paragraph (d) by adding an entry at the end of the
table for ``Mountain State Carbon''; and
0
b. In the table in paragraph (e) by adding an entry at the end of the
table for ``2010 Sulfur Dioxide Attainment Plan''.
    The additions read as follows:

Sec.  52.2520  Identification of plan.

* * * * *
    (d) * * *

                                    EPA-Approved Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                 Permit/order or                                                 Additional
          Source name              registration         State         EPA approval date     explanation/citation
                                      number       effective date                            at 40 CFR 52.2565
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Mountain State Carbon.........  Consent Order CO-         9/29/17  10/22/2019, [insert     .....................
                                 SIP-C-2017-9.                      Federal Register
                                                                    citation].
----------------------------------------------------------------------------------------------------------------

    (e) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision               geographical area   submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2010 Sulfur Dioxide Attainment     Steubenville Area           4/25/16  10/22/2019, [insert  52.2525(c).
 Plan.                              (Brooke County).                     Federal Register
                                                                         citation].
----------------------------------------------------------------------------------------------------------------

0
4. Section 52.2525 is amended by adding paragraph (c) to read as
follows:

Sec.  52.2525  Control strategy: Sulfur dioxide.

* * * * *
    (c) EPA approves the attainment plan for Brooke County, West
Virginia, submitted by the Department of Environmental Protection on
April 25, 2016, supplemented on November 27, 2017, and with a
clarification letter submitted on May 1, 2019.

[FR Doc. 2019-22909 Filed 10-21-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 3, 2006 (Volume 71, Number 149)]
[Notices]
[Page 44024]
[DOCID:fr03au06-41]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EL06-91-000, P-12252-023]

Fourth Branch Associates (Mechanicville), Complainant, v Hudson
River-Black Regulating District, Respondent; Notice of Complaint

July 27, 2006.
    On July 25, 2006, Fourth Branch Associates (Fourth Branch) filed a
formal complaint against Hudson River-Black River Regulating District
(District) pursuant to Rule 206 of the Commission's Rules of Practice
and Procedure, 18 CFR 385.206 (2006), and section 306 of the Federal
Power Act (FPA), 16 U.S.C. 825(e).
    In 2002, the Commission issued an original license to the District
for the continued operation of the Great Sacandaga Lake Project No.
12252.\1\ The project is located on the Sacandaga River, a tributary of
the Hudson River. Fourth Branch is the licensee for the Mechanicville
Project No. 6032, located on the Hudson River downstream of the
Sacandaga River.\2\
---------------------------------------------------------------------------

    \1\ Hudson River-Black River Regulating District, 100 FERC ]
61,319 (2002); order on rehearing, 102 FERC ] 61,133 (2003).
    \2\ There are a number of other licensed projects located
downstream of the District's project.
---------------------------------------------------------------------------

    Fourth Branch alleges that when the District became a licensee in
2002, its annual assessment of charges against Fourth Branch to cover a
portion of the District's costs of operating and maintaining Great
Sacandaga Lake came under the headwater benefits provisions of section
10(f) of the FPA, 16 U.S.C. 803(f) (2000), and sections 11.10 through
11.17 of the Commission's regulations, 18 CFR 11.10-11.17 (2006).
Fourth Branch further alleges that since 2002, the District has
continued to assess and collect these charges from Fourth Branch
notwithstanding the absence of an agreement with Fourth Branch for
those charges or Commission approval of the charges. Moreover, Fourth
Branch contends, despite Commission orders in 2002 and 2004 requiring
the District to submit both its headwater benefits charges agreement
and actual charges to the Commission for approval,\3\ the District has
failed to do so, and is therefore in violation of the FPA and the
Commission's regulations.
---------------------------------------------------------------------------

    \3\ See 100 FERC ] 61,319 at P 47-49; and 102 FERC ] 61,133 at P
13-14.
---------------------------------------------------------------------------

    Fourth Branch certifies that copies of the complaint were served on
the District, as well as all Hudson River hydroelectric and municipal
flood control recipients of annual assessment bills from the District.
    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 and 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. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    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 14 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 16, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-12507 Filed 8-2-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 3, 2010 (Volume 75, Number 171)]
[Notices]
[Page 54223]
[DOCID:fr03se10-129]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Union Pacific Railroad Company

(Waiver Petition Docket Number FRA-2010-0125)

    The Union Pacific Railroad Company (UP) seeks a waiver of
compliance with certain requirements of 49 CFR Part 232--Brake System
Safety Standards for Freight and Other Non-Passenger Trains and
Equipment; End-of Train Devices, CFR Part 229--Railroad Locomotive
Safety Standards, and CFR Part 215--Railroad Freight Car Safety
Standards. Specifically, UP seeks relief to permit trains received at
the U.S./Mexico border at El Paso, Texas, from the Ferrocarriles
Nacionales de Mexico (FXE) to move from the interchange point without
performing the regulatory tests and inspections specified in Part 215,
Sec.  229.21, and Sec.  232.205(a)(1), at that location.
    UP proposes moving the trains from the FXE interchange point at the
International Yard on the Lordsburg subdivision to the UP's Dallas St.
yard, a distance of 2.8 miles, without the need to comply with the
requirements of those parts of the CFR as noted above. A Class III
brake test under Sec.  232.211 would be performed prior to departing
the International Yard.
    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 (e.g., Waiver Petition Docket Number FRA-
2010-0125) 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 within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    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 document (or signing the
document, 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;
Page 19477) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on August 30, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-22003 Filed 9-2-10; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Rules and Regulations]
[Pages 16664-16668]
[FR Doc No: 2014-06406]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 710, 738, 740, 745, 772 and 774

[Docket No. 131211999-3999-01]
RIN 0694-AG04

Implementation of the Understandings Reached at the June 2013
Australia Group (AG) Plenary Meeting and the December 2012 AG
Intersessional Decisions

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: The Bureau of Industry and Security (BIS) publishes this final
rule to amend the Export Administration Regulations (EAR) to implement
the understandings reached at the June 2013 plenary meeting of the
Australia Group (AG) and the December 2012 AG intersessional decisions.
Specifically, this rule amends the Commerce Control List (CCL) entry in
the EAR that controls equipment capable of handling biological
materials to reflect the 2013 AG Plenary understanding that clarifies
controls on fermenters, and certain components thereof, in the AG
``Control List of Dual-Use Biological Equipment and Related Technology
and Software.'' This rule also amends the CCL entry that controls
certain animal pathogens to reflect a recommendation made at the 2013
AG Plenary meeting, which was later adopted pursuant to the AG silent
approval procedure, to revise the AG ``List of Animal Pathogens for
Export Control'' to clarify the controls on the Lyssavirus genus. In
addition, this rule amends the EAR to reflect the addition of Mexico as
a participating country in the AG following the 2013 AG Plenary
meeting.
    The recommendations agreed to through the silent approval procedure
included changes to the controls on Clostridium perfringens in the AG
``List of Biological Agents for Export Control'' and changes to the
description of ``genetic elements,'' which are included in three of the
AG common control lists. This rule also amends the CCL entry that
controls chemical manufacturing facilities and equipment to reflect the
AG intersessional decision to clarify the controls that apply to
certain agitators for use in reaction vessels or reactors described in
the CCL entry and to impellers, blades or shafts designed for such
agitators.
    This rule also adds a License Exception STA paragraph to the CCL
entry that controls human and zoonotic pathogens and toxins to clarify
the scope of eligible items. Finally, this rule amends the EAR to
reflect the addition of Somalia and Syria as States Parties to the
Chemical Weapons Convention (CWC).

DATES: This rule is effective March 26, 2014. Comments on the
information collection may be submitted at any time.

ADDRESSES: Send comments regarding this collection of information,
including suggestions for reducing the burden, to Jasmeet Seehra,
Office of Management and Budget (OMB), by email to<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>; and to the Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, 14th Street & Pennsylvania Avenue NW., Room 2705, Washington,
DC 20230.

FOR FURTHER INFORMATION CONTACT: Elizabeth Sangine, Director, Chemical
and Biological Controls Division, Office of Nonproliferation and Treaty
Compliance, Bureau of Industry and Security, Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    The Bureau of Industry and Security (BIS) is amending the Export
Administration Regulations (EAR) to implement the understandings
reached at the Australia Group (AG) plenary meeting held in Paris,
France, on June 3-7, 2013. This rule also implements the
recommendations presented at the AG intersessional implementation
meeting held in Bonn, Germany, on December 6-7, 2012, and adopted
pursuant to the AG silent approval procedure, which closed on March 11,
2013. The AG is a multilateral forum consisting of 41 participating
countries that maintain export controls on a list of chemicals,
biological agents, and related equipment and technology that could be
used in a chemical or biological weapons program. The AG periodically
reviews items on its control list to enhance the effectiveness of
participating governments' national controls and to achieve greater
harmonization among these controls.

June 2013 AG Plenary Changes

    The June 2013 AG plenary meeting adopted understandings that
affected the AG ``Control List of Dual-Use Biological Equipment and
Related Technology and Software.'' This rule amends Export Control
Classification Number (ECCN) 2B352 to reflect the AG plenary changes to
this AG common control list. Specifically, ECCN 2B352 (Equipment
capable of use in handling biological materials) is amended by revising
2B352.b to indicate that this ECCN controls fermenters with a capacity
of 20 liters or greater that are capable of the cultivation of
pathogenic micro-organisms, or of live cells, for the production of
pathogenic viruses or toxins without the propagation of aerosols. These
fermenters are described in new subparagraph b.1 of ECCN 2B352.b.
    This rule also amends ECCN 2B352.b to indicate that this ECCN
controls the following components designed for the fermenters described
above: Cultivation chambers designed to be sterilized or disinfected in
situ; cultivation chamber holding devices; and process control units
capable of simultaneously monitoring and controlling two or more
fermentation system parameters (e.g. temperature, pH, nutrients,
agitation, dissolved oxygen, air flow, foam control). These components
are described in new subparagraph b.2 of ECCN 2B352.b. In addition,
this rule amends the Technical Note to ECCN 2B352.b to clarify that the
``fermenters'' controlled under this ECCN include all types of
bioreactors, including ``single-use (disposable) bioreactors,'' as well
as chemostats and continuous-flow systems.
    There was also a recommendation made at the 2013 AG Plenary meeting
to revise the AG ``List of Animal Pathogens for Export Control'' to
clarify the controls on Lyssavirus (a.k.a. Rabies). This recommendation
was adopted pursuant to the AG silent approval procedure, which closed
on July 14, 2013. Consistent with this AG change, this rule amends ECCN
1C352a.8 to clarify that it controls the Rabies virus and all other
members of the Lyssavirus genus.

December 2012 AG Intersessional Changes

    This rule also implements the recommendations presented at the AG
intersessional implementation meeting held in December 2012 and adopted
pursuant to the AG silent approval procedure in March 2013. These
recommendations included changes to the AG ``List of Biological Agents
for Export Control'' and to the description of ``genetic elements,'' as
the term is used in this AG list, as well as in the AG ``List of Animal
Pathogens for Export Control'' and the AG ``List of Plant Pathogens for
Export Control.''
    This rule amends ECCN 1C351 (Human and zoonotic pathogens and
toxins) to reflect the AG intersessional changes to the AG ``List of
Biological Agents for Export Control.'' Specifically, ECCN 1C351.d.5 is
revised to clarify

that the export controls on Clostridium perfringens apply only to the
following exotoxins: Clostridium perfringens alpha, beta 1, beta 2,
epsilon and iota toxins. Prior to this change, ECCN 1C351.d.5 referred
to Clostridium perfringens toxins, generally.
    In addition, this rule amends ECCN 1C353 to reflect the AG
intersessional changes to the description of ``genetic elements'' in
the AG common control lists for biological agents, animal pathogens,
and plant pathogens. Specifically, this rule revises the Technical Note
1 to ECCN 1C353 to clarify that ``genetic elements'' include, inter
alia, not only chromosomes, genomes, plasmids, transposons, and
vectors, whether genetically modified or unmodified, but also those
chromosomes, genomes, plasmids, transposons, and vectors that have been
``chemically synthesized in whole or in part.''
    This rule also amends the introductory text of ECCN 2B350.b, which
controls agitators for use in reaction vessels or reactors described in
2B350.a and impellers, blades or shafts designed for such agitators.
Specifically, the introductory text of ECCN 2B350.b is revised to read
as follows: ``Agitators designed for use in reaction vessels or
reactors described in 2B350.a, and impellers, blades or shafts designed
for such agitators, where all surfaces that come in direct contact with
the chemical(s) being processed or contained are made from any of the
following materials.'' This change is intended to clarify that ECCN
2B350.b controls only agitators (and impellers, blades or shafts for
such agitators) where: (1) The agitators are for use in reaction
vessels or reactors described in 2B350.a; and (2) all surfaces of the
agitators (and of the impellers, blades or shafts for such agitators)
that come in direct contact with the chemical(s) being processed or
contained are made from any of the materials identified in ECCN
2B350.b.1 through .b.8.

Change in Frequency of ``Sample Shipment'' Reports Required Under ECCN
1C350

    This rule amends the ``sample shipments'' provisions in License
Requirement Note 1 of ECCN 1C350 to change the reporting requirement
from quarterly to annual, consistent with the frequency of the reports
required for imports and exports of CWC Schedule 2 and 3 chemicals
under Sections 713.3 and 714.2, respectively, of the Chemical Weapons
Convention Regulations (CWCR) (15 CFR parts 710-721). Consistent with
the CWCR timetable, annual reports of ``sample shipments'' under ECCN
1C350 must be submitted to BIS no later than February 28 of the year
following the calendar year in which the ``sample shipments'' were
made.

Addition of Mexico as a Participating Country in the AG

    This final rule amends the EAR to reflect the addition, on August
12, 2013, of Mexico as a participating country in the Australia Group
(AG). Specifically, this rule amends Supplement No. 1 to part 738 of
the EAR (Commerce Country Chart) by revising the entry for Mexico to
remove the license requirements indicated under CB Column 2. This rule
also amends Supplement No. 1 to part 740 of the EAR (Country Groups) by
adding Mexico to Country Group A:3 (Australia Group). In addition, this
rule revises the definition of ``Australia Group'' in Section 772.1 of
the EAR (Definitions of Terms used in the EAR) by adding Mexico.

Addition of Somalia and Syria as States Parties to the Chemical Weapons
Convention (CWC)

    This rule also amends the EAR to reflect the addition of Somalia
and Syria as States Parties to the CWC on June 28, 2013, and October
14, 2013, respectively. Specifically, this rule amends Supplement No. 2
to part 745 of the EAR (States Parties to the CWC) to add Somalia and
Syria in alphabetical order. Because Somalia is not an AG participating
country, its addition to the list of CWC States Parties in Supplement
No. 2 to part 745 does not affect the CB Column 1 and CB Column 2
license requirements for Somalia that are indicated in Supplement No. 1
to part 738 of the EAR (Commerce Country Chart). However, a license is
no longer required for CB or CW (chemical weapons) reasons for exports
to Somalia of mixtures and test kits controlled under ECCN 1C395.a and
.b, respectively, although a license would be required if any of the
end-user or end-use requirements in part 744 of the EAR apply. The
addition of Syria to the list of CWC States Parties in Supplement No. 2
to part 745 does not affect any CB or CW license requirements for
exports to Syria, because Section 746.9(a) of the EAR requires a
license for exports and reexports to Syria of all items subject to the
EAR (including, but not limited to, all items identified on the CCL),
except for food and medicine classified as EAR99.
    In order to maintain consistency between the EAR and the Chemical
Weapons Convention Regulations (CWCR) (15 CFR parts 710-721), with
respect to those countries that are identified as States Parties to the
CWC, this rule also amends Supplement No. 1 to part 710 of the CWCR
(States Parties to the CWC) to add the following countries in
alphabetical order: Bahamas, Barbados, Congo (Democratic Republic of
the), Dominican Republic, Iraq, Somalia, and Syria.

License Exception STA Paragraph Added to ECCN 1C351

    In addition to the changes related to the AG or the CWC described
above, this final rule also adds a License Exception STA paragraph to
the license exceptions section of ECCN 1C351 in order to clarify the
existing eligibility requirements for certain items controlled under
this ECCN. Specifically, the new License Exception STA paragraph in
ECCN 1C351 indicates that paragraph (c)(1) of License Exception STA
(see Section 740.20(c)(1) of the EAR) may be used for items in
1C351.d.1 through 1C351.d.10 and 1C351.d.13 through 1C351.d.19.
Exporters are referred to Section 740.20(b)(2)(vi) of the EAR for
restrictions on the quantity of any one toxin that may be exported in a
single STA shipment and the number of STA shipments that may be made to
any one end user in a single calendar year. This STA paragraph also
reminds exporters about the Automated Export System (AES) requirements
in Section 758.1(b)(4) of the EAR, which apply to all STA shipments.

Effect of This Rule on the Scope of the CB Controls in the EAR

    The changes made by this rule only marginally affect the scope of
the EAR controls on biological agents and toxins, chemical
manufacturing facilities/equipment, and equipment capable of use in
handling biological materials. Specifically, the amendments to the List
of Items Controlled in ECCNs 1C351 (human and zoonotic pathogens) and
2B352 (biological equipment) and to Technical Note 1 to ECCN 1C353
(genetic elements) do not affect the scope of the controls in these
ECCNs to a degree that would significantly impact the number of license
applications that would have to be submitted for the affected items
controlled therein.
    As indicated above, the addition of Somalia and Syria to the list
of CWC States Parties in Supplement No. 2 to part 745 of the EAR is
expected to have very little impact on the number of license
applications that will have to be submitted for these destinations.
Similarly, the addition of a License Exception STA paragraph to ECCN
1C351 and the clarifications to the

controls on agitators in ECCN 2B350.b do not alter the scope of the
controls that apply to any of the affected items in these ECCNs.
    However, the amendments to the EAR to reflect the addition of
Mexico as a participating member of the AG are expected to result in a
modest reduction in the number of license applications that will have
to be submitted for exports of precursor chemicals (ECCN 1C350) and
chemical/biological production and processing equipment (ECCNs 2B350,
2B351, and 2B352). These items generally will no longer require a
license to Mexico because, in response to the addition of Mexico as a
participating member of the AG, this rule removes the license
requirements indicated for Mexico under CB Column 2 of the Commerce
Country Chart.
    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013), and as extended by the Notice of
August 8, 2013, 78 FR 49107 (August 12, 2013), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act. BIS continues to carry out the provisions of the
Export Administration Act, as appropriate and to the extent permitted
by law, pursuant to Executive Order 13222.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
contains a collection of information subject to the requirements of the
PRA. This collection has been approved by OMB under Control Number
0694-0088 (Multi-Purpose Application), which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748. Send
comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing the
burden, to Jasmeet Seehra, Office of Management and Budget (OMB), and
to the Regulatory Policy Division, Bureau of Industry and Security,
Department of Commerce, as indicated in the ADDRESSES section of this
rule.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (See 5 U.S.C. 553(a)(1)). Immediate
implementation of these amendments is non-discretionary and fulfills
the United States' international obligation to the Australia Group
(AG). The AG contributes to international security and regional
stability through the harmonization of export controls and seeks to
ensure that exports do not contribute to the development of chemical
and biological weapons. The AG consists of 41 member countries that act
on a consensus basis and the amendments set forth in this rule
implement the understandings reached at the June 2013 AG plenary
meeting, the December 2012 AG intersessional changes, and other changes
that are necessary to ensure consistency with the controls maintained
by the AG. Since the United States is a significant exporter of the
items in this rule, immediate implementation of this provision is
necessary for the AG to achieve its purpose. Any delay in
implementation will create a disruption in the movement of affected
items globally because of disharmony between export control measures
implemented by AG members, resulting in tension between member
countries. Export controls work best when all countries implement the
same export controls in a timely and coordinated manner.
    Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this final rule.
Because a notice of proposed rulemaking and an opportunity for public
comment are not required to be given for this rule under the
Administrative Procedure Act or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Therefore, this regulation is issued in final form.

List of Subjects

15 CFR Part 710

    Chemicals, Exports, Foreign trade, Imports, Treaties.

15 CFR Part 738

    Administrative practice and procedure, Exports, Foreign trade.

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Part 745

    Administrative practice and procedure, Chemicals, Exports, Foreign
trade, Reporting and recordkeeping requirements.

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, part 710 of the Chemical
Weapons Convention Regulations (15 CFR parts 710-721) and parts 738,
740, 745, 772 and 774 of the Export Administration Regulations (15 CFR
parts 730-774) are amended as follows:

PART 710--[AMENDED]

0
1. The authority citation for 15 CFR Part 710 continues to read as
follows:

    Authority: 22 U.S.C. 6701 et seq.; E.O. 13128, 64 FR 36703, 3
CFR 1999 Comp., p. 199.

0
2. Supplement No. 1 to Part 710 is amended by revising the undesignated
center heading ``List of States Parties as of December 20, 2008'' to
read ``List of States Parties as of November 1, 2013'' and by adding,
in alphabetical order, the countries ``Bahamas'', ``Barbados'', ``Congo
(Democratic Republic of the)'', ``Dominican Republic'', ``Iraq'',
``Somalia'', and ``Syria''.

PART 738--[AMENDED]

0
3. The authority citation for 15 CFR Part 738 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C.

7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30
U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
8, 2013, 78 FR 49107 (August 12, 2013).

0
4. Supplement No. 1 to Part 738 is amended by revising the entry for
``Mexico'' to read as follows:

                                                                      Supplement No. 1 to Part 738--Commerce Country Chart
                                                                                [Reason for control]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Chemical and biological          Nuclear        National security   Missile  Regional stability   Firearms           Crime control           Anti-terrorism
                                           weapons             nonproliferation  --------------------   tech   -------------------- convention -------------------------------------------------
           Countries           --------------------------------------------------                    ----------                    ------------
                                  CB 1      CB 2      CB 3      NP 1      NP 2      NS 1      NS 2      MT 1      RS 1      RS 2       FC 1       CC 1      CC 2      CC 3      AT 1      AT 2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                                * * * * * * *
Mexico........................        X   ........  ........        X   ........        X         X         X         X         X          X          X   ........        X   ........  ........

                                                                                * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

PART 740--[AMENDED]

0
5. The authority citation for 15 CFR Part 740 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 8, 2013, 78 FR 49107 (August 12, 2013).

0
6. In Supplement No. 1 to Part 740, Country Groups, Country Group A is
amended by adding, in alphabetical order, a new entry for ``Mexico'' to
read as follows:

                                                      Supplement No. 1 to Part 740--Country Groups
                                                                    [Country Group A]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      [A:2]  Missile
                      Country                            [A:1]          technology         [A:3]        [A:4]  Nuclear       [A:5]            [A:6]
                                                                      control regime  Australia group  suppliers group
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Mexico............................................  ...............  ...............               X   ...............  ...............  ...............

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

PART 745--[AMENDED]

0
7. The authority citation for 15 CFR Part 745 continues to read as
follows:

    Authority: 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3
CFR, 1994 Comp., p. 950; Notice of November 7, 2013, 78 FR 67289
(November 12, 2013).

0
8. Supplement No. 2 to Part 745 is amended by revising the undesignated
center heading ``List of States Parties as of May 21, 2009'' to read
``List of States Parties as of November 1, 2013'' and by adding, in
alphabetical order, the countries ``Somalia'' and ``Syria''.

PART 772--[AMENDED]

0
9. The authority citation for 15 CFR Part 772 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
8, 2013, 78 FR 49107 (August 12, 2013).

0
10. In Sec.  772.1, the definition of ``Australia Group'' is revised to
read as follows:

Sec.  772.1  Definitions of terms as used in the Export Administration
Regulations (EAR).

* * * * *
    Australia Group. The countries participating in the Australia Group
have agreed to adopt harmonized controls on certain dual-use chemicals
(i.e., precursor chemicals), biological agents, related manufacturing
facilities and equipment, and related technology in order to ensure
that exports of these items do not contribute to the proliferation of
chemical or biological weapons. Countries participating in the
Australia Group as of November 1, 2013, include: Argentina, Australia,
Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland,
Ireland, Italy, Japan, Korea (South), Latvia, Lithuania, Luxembourg,
Malta, Mexico, the Netherlands, New Zealand, Norway, Poland, Portugal,
Romania, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey,
Ukraine, the United Kingdom, and the United States. See also Sec.
742.2 of the EAR.
* * * * *

PART 774--[AMENDED]

0
11. The authority citation for 15 CFR Part 774 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 8, 2013, 78 FR 49107 (August 12, 2013).

0
12. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' ECCN 1C350 is amended, under the
License Requirements section, by revising paragraph .e of License
Requirement Note 1 (``Sample Shipments'') to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *

1C350 Chemicals that may be used as precursors for toxic chemical
agents.

License Requirements

* * * * *

License Requirement Notes

    1. Sample Shipments: * * *
* * * * *
    e. Annual report requirement. The exporter is required to submit
an annual written report for shipments of samples made under this
Note 1. The report must be on company letterhead stationery (titled
``Report of Sample Shipments of Chemical Precursors'' at the top of
the first page) and identify the chemical(s), Chemical Abstract
Service Registry (C.A.S.) number(s), quantity(ies), the ultimate
consignee's name and address, and the date of export for all sample
shipments that were made during the previous calendar year. The
report must be submitted no later than February 28 of the year
following the calendar year in which the sample shipments were made,
to: U.S. Department of Commerce, Bureau of Industry and Security,
14th Street and Pennsylvania Ave. NW., Room 2099B, Washington, DC
20230, Attn: ``Report of Sample Shipments of Chemical Precursors.''
* * * * *

0
13. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' ECCN 1C351 is amended, under the
List Based License Exceptions section, by adding an ``STA'' paragraph
following the ``CIV'' paragraph and, under the List of Items Controlled
section, by revising paragraph d.5 in the ``Items'' paragraph to read
as follows:

1C351 Human and zoonotic pathogens and ``toxins'', as follows (see
List of Items Controlled).
* * * * *

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: * * *
GBS: * * *
CIV: * * *

Special Conditions for STA

STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1)) may be used for items in 1C351.d.1 through 1C351.d.10
and 1C351.d.13 through 1C351.d.19. See Sec.  740.20(b)(2)(vi) for
restrictions on the quantity of any one toxin that may be exported
in a single shipment and the number of shipments that may be made to
any one end user in a single calendar year. Also see the Automated
Export System (AES) requirements in Sec.  758.1(b)(4) of the EAR.
(2) Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) of
the EAR) may not be used for any items in 1C351.

List of Items Controlled

Related Controls: * * *
Related Definitions: * * *
Items:
* * * * *
    d. * * *
    d.5. Clostridium perfringens alpha, beta 1, beta 2, epsilon and
iota toxins;
* * * * *

0
14. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' ECCN 1C352 is amended by revising
paragraph a.8. in the ``Items'' paragraph under the List of Items
Controlled section to read as follows:

1C352 Animal pathogens, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

Related Controls: * * *
Related Definitions: * * *
Items:

    a. * * *
    a.8. Rabies virus and all other members of the Lyssavirus genus;
* * * * *

0
15. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' ECCN 1C353 is amended by revising
Technical Note 1, following the ``Items'' paragraph under the List of
Items Controlled section, to read as follows:

1C353 Genetic elements and genetically modified organisms, as
follows (see List of Items Controlled).
* * * * *

List of Items Controlled

Related Controls: * * *
Related Definition: * * *
Items:
* * * * *

Technical Notes:

    1. ``Genetic elements'' include, inter alia, chromosomes,
genomes, plasmids, transposons, and vectors, whether genetically
modified or unmodified, or chemically synthesized in whole or in
part.
* * * * *

0
16. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2B350 is amended by revising the
introductory text of paragraph b. in the ``Items'' paragraph under the
List of Items Controlled section to read as follows:

2B350 Chemical manufacturing facilities and equipment, except valves
controlled by 2A226 or 2A292, as follows (see List of Items
Controlled).
* * * * *

List of Items Controlled

Related Controls: * * *
Related Definition: * * *
Items:
    a. * * *
    b. Agitators designed for use in reaction vessels or reactors
described in 2B350.a, and impellers, blades or shafts designed for
such agitators, where all surfaces that come in direct contact with
the chemical(s) being processed or contained are made from any of
the following materials:
* * * * *

0
17. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2B352 is amended under the
``Items'' paragraph in the List of Items Controlled section by revising
paragraph b. and the Technical Note thereto to read as follows:

2B352 Equipment capable of use in handling biological materials, as
follows (see List of Items Controlled).
* * * * *

List of Items Controlled

Related Controls: * * *
Related Definitions: * * *
Items:
    a. * * *
    b. Fermenters and components as follows:
    b.1. Fermenters capable of cultivation of pathogenic micro-
organisms or of live cells for the production of pathogenic viruses
or toxins, without the propagation of aerosols, having a capacity of
20 liters or greater.
    b.2. Components designed for such fermenters, as follows:
    b.2.a. Cultivation chambers designed to be sterilized or
disinfected in situ;
    b.2.b. Cultivation chamber holding devices; or
    b.2.c. Process control units capable of simultaneously
monitoring and controlling two or more fermentation system
parameters (e.g., temperature, pH, nutrients, agitation, dissolved
oxygen, air flow, foam control).
    Technical Note: Fermenters include bioreactors (including
single-use (disposable) bioreactors), chemostats and continuous-flow
systems.
* * * * *

    Dated: March 18, 2014.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2014-06406 Filed 3-25-14; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 76, Number 184 (Thursday, September 22, 2011)]
[Notices]
[Pages 58821-58822]
[FR Doc No: 2011-24318]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4022-DR; Docket ID FEMA-2011-0001]

Vermont; Amendment No. 6 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Vermont (FEMA-4022-DR), dated September 1, 2011, and
related determinations.

DATES: Effective Date: September 15, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Vermont is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of September 1, 2011.

    Franklin, Lamoille, and Orleans Counties for Individual
Assistance (already designated for Public Assistance, including
direct Federal assistance).

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance

(Presidentially Declared Disasters); 97.039, Hazard Mitigation
Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-24318 Filed 9-21-11; 8:45 am]
BILLING CODE 9111-23-P


--------------------------------------------------------------------------------
MEMORANDUM
TO:	Mark de Figueiredo, EPA
FROM: 	Casey MacQueen, ERG
	Jessica Gray, P.E., ERG
DATE: 	August 18, 2015
--------------------------------------------------------------------------------
SUBJECT:	DrillingInfo Processing Methodology

ERG's analysis started with the May 2014 data set that was delivered to EPA/OECA/Office of Compliance (OC) -- a processed version of data originally obtained from DrillingInfo in February 2014.
ERG's deliverable accompanying this documentation memorandum is limited to records that meet the following criteria:
 Wells with gas or hydrocarbon liquid production during 2010 to 2012; and
 Wells with completion year of 2010 to current (note, the more recent wells may not yet have reported production).

The processing methodology used to compile the OC data set upon which this analysis is based incorporates various assumptions as documented in Table 1 below (e.g., how the methodology combines records with duplicate API numbers). Additionally, ERG notes that some well production data are reported to states on a lease-level (i.e., covering multiple wells) rather than on an individual well-level. ERG's general approach to processing such records is to distribute lease-level production across all wells on the lease (i.e., the total production for the lease is divided evenly among all the wells on the lease). Specifically, note that for records with lease-level reporting:

 All wells on a lease are assigned the FIRST_PROD_DATE of the first well on the lease, and lease-level production from the FIRST_PROD_DATE forward is distributed across all wells currently on the lease.

 The initial production values (e.g., FIRST6_LIQ) associated with the earliest well on the lease are distributed across all wells currently on the lease.

Table 2 provides a summary of the lease-level reporting by state for wells with production during 2010 - 2012.

                     Table 1. Field Names and Descriptions
                                  Column Name
                                  Description
ENTITY_ID
DrillingInfo assigned unique property ID. Note: for instances where duplicate API numbers were combined, the minimum value was selected.
SPOT_ID
DrillingInfo assigned unique ID for multiple API numbers on one lease or directional side tracks for the same location.
API_NO
API assigned number of a well on the property.
PROPERTY_TYPE
Property type (WELL  -  Well; UNIT  -  Unit; LEASE  -  Lease; SWD  -  Salt water disposal; DRIP POINT  -  Drip Point; COM  - Completion). Note: for instances where duplicate API numbers were combined, the minimum value was selected.
PRODUCTION_TYPE
Production type (e.g., oil, gas, coalbed methane, injection). Note: for instances where duplicate API numbers were combined, the production type fields are comma separated.
PROD_TYPE_CLASS
Classification of reported PRODUCTION_TYPE into standardized categories: D&A (drilled and abandoned), gas, injection, O&G (oil and gas), oil, and other.
PROD_FLAG
Production flag to indicate whether the well should be producing liquids. This is "Yes" for "Gas," "Oil," and "O&G" production type classification.
LIQUID_PROD_TYPE
Liquid production type (i.e., unknown, condensate, or oil) based on the production type classification (gas = condensate, oil = oil, all others = unknown) and well test data (revise unknown assignments based on the test liquid gravity; oil if liquid gravity <40 and condensate if liquid gravity >=40).
WELL_NAME
Operator assigned well/lease name of the property. Note: for instances where duplicate API numbers were combined, the minimum value was selected.
LEASE_NO
State number assigned to the property or lease or unit the property is part of. Note: for instances where duplicate API numbers were combined, the minimum value was selected.
WELL_NO
Operator assigned well number of the property. Note: for instances where duplicate API numbers were combined, the minimum value was selected.
CURR_OPER_NAME
Current operator name. Note: for instances where duplicate API numbers were combined, the minimum value was selected.
COMMON_OPER_NAME
Corporate entity that is determined by DI Desktop to own the current operator. Note: for instances where duplicate API numbers were combined, the minimum value was selected.
LATITUDE_NAD83
Surface latitude the property is located in; for multi-well properties DI Desktop picked a well to designate the location of the property, NAD83. Note: for instances where duplicate API numbers were combined, the maximum value was selected.
LONGITUDE_NAD83
Surface longitude the property is located in; for multi-well properties DI Desktop picked a well to designate the location of the property, NAD83. Note: for instances where duplicate API numbers were combined, the minimum value was selected.
COUNTY
County the property is located in. Note: for instances where duplicate API numbers were combined, the minimum value was selected.
FIPS_CODE
Federal Information Processing Standard county code based on county or GIS analysis using latitude and longitude.
STATE
State the property is located in. Note: for instances where duplicate API numbers were combined, the minimum value was selected.
EPA_REGION
EPA region the property is located in.
OFFSHORE
Indicates if the property is located offshore. Note: for instances were duplicate API numbers were combined, the maximum value was selected.
BASIN
Basin the property is located in. Note: for instances where duplicate API numbers were combined, the minimum value was selected.
RESERVOIR
Reservoir the property is located in. Note: for instances where duplicate API numbers were combined, the minimum value was selected.
FORMATION
Formation the property is reporting from. Note: for instances where duplicate API numbers were combined, the minimum value was selected.
FIELD
Field name the property is reporting from. Note: for instances where duplicate API numbers were combined, the minimum value was selected.
RESERVOIR_TYPE
Determined based on RESERVOIR, FIELD, and STATE
CV  -  Conventional; CB  -  Coal Bed Methane;
LP  -  Low Permeability; SH  -  Shale; Blank  -  Unknown
UNCONV_RESERVOIR
Determined based on reservoir type; Yes = CB, LP, and SH; No = CV or Blank.
STATUS
Current status of the well (e.g., active, inactive, shut in). Note: for instances where duplicate API numbers were combined, the minimum value was selected.
TOTAL_DEPTH
Total depth the property was drilled to. Note: for instances where duplicate API numbers were combined, the maximum value was selected.
DRILL_TYPE
Drill type (U  -  Unknown; H  -  Horizontal; V  -  Vertical; D  -  Directional). Note: for instances where duplicate API numbers were combined, the minimum value was selected.
SPUD_DATE
Latest date drilling commenced on property. Note: for instances where duplicate API numbers were combined, the minimum value was selected.
COMPLETION_DATE
Latest completion date of the property. Note: for instances where duplicate API numbers were combined, the minimum value was selected.
PLUG_DATE
Date the well was plugged. Note: for instances where duplicate API numbers were combined, the maximum value was selected.
COMPLETION_YEAR
Determined based on completion date year, if populated, or minimum production year.
HF
Yes if drill type is horizontal (H) or unconventional reservoir is yes (i.e., coalbed methane (CB), low permeability (LP), or shale (SH)).
FIRST_PROD_DATE
First date DI Desktop has reported production for the property. Note: for instances where duplicate API numbers were combined, the minimum value was selected.
LAST_PROD_DATE
Last date DI Desktop has reported production for the property. Note: Even though the date may be represented as mm/dd/yyyy, it is for the month listed, not just the individual day. For example, production through December 2009 is listed as 12/1/2009. Note: for instances where duplicate API numbers were combined, the maximum value is selected.
FIRST_LIQ
Liquid production reported in Bbl during the first month of production.
FIRST_GAS
Gas production reported in MCF during the first month of production.
FIRST6_LIQ
The sum of 1[st] 6 calendar months of liquid production reported in Bbl. The first month is the first month of the production of any type of product.
FIRST6_GAS
The sum of 1[st] 6 calendar months of gas production reported in MCF. The first month is the first month of the production of any type of product.
FIRST12_LIQ
The sum of the 1[st] 12 calendar months of liquid production reported in Bbl. The first month is the first month of production of any type of production.
FIRST12_GAS
The sum of the 1[st] 12 calendar months of gas production reported in MCF. The first month is the first month of production of any type of production.
SUMOFLIQ_DAILY
Average daily liquid production in last 12 months, summed over duplicate API numbers.
SUMOFGAS_DAILY
Average daily gas production in last 12 months, summed over duplicate API numbers.
SUMOFLIQ_CUM
Cumulative liquid production of property, reported in bbl, summed over duplicate API numbers.
SUMOFGAS_CUM
Cumulative gas production of property, reported in MCF, summed over duplicate API numbers.
SUMOFWTR_CUM
Cumulative water production of property, summed over duplicate API numbers.
LIQ_GRAV
Gravity of the liquid produced from the property. Note: for instances where duplicate API numbers were combined, the maximum value was selected.
GAS_GRAV
Gravity of the gas produced from the property. Note: for instances where duplicate API numbers were combined, the maximum value was selected.
GOR
Gas to oil ratio of the property. Note: for instances where duplicate API numbers were combined, the maximum value was selected.
GOR_LATEST_MO
Gas to oil ratio of the property for the latest month of production. Note: for instances where duplicate API numbers were combined, the maximum value was selected.
GOR_CUM
Gas to oil ratio of the property for all months of production. Note: for instances where duplicate API numbers were combined, the maximum value was selected.
YIELD
Oil to gas ratio of the property. Note: for instances where duplicate API numbers were combined, the minimum value was selected.
MONTHS_PRODUCED
Number of months a property has reported liquid, gas, or water production. Note: for instances where duplicate API numbers were combined, the maximum value was selected.
SUMOFLIQ_YEAR
Liquid production, reported in bbl, for the 12 months ending with LAST_PROD_DATE, summed over duplicate API numbers.
SUMOFGAS_YEAR
Gas production, reported in MCF, for the 12 months ending with LAST_PROD_DATE, summed over duplicate API numbers.
SUMOFWTR_YEAR
Water production, reported in bbl, for the 12 months ending with LAST_PROD_DATE, summed over duplicate API numbers.
SUMOFLIQ10
Liquid production, reported in bbl, summed over duplicate API numbers.
SUMOFGAS10
Gas production, reported in MCF, summed over duplicate API numbers.
SUMOFWTR10
Water production, reported in bbl, summed over duplicate API numbers.
SUMOFLIQ11
Liquid production, reported in bbl, summed over duplicate API numbers.
SUMOFGAS11
Gas production, reported in MCF, summed over duplicate API numbers.
SUMOFWTR11
Water production, reported in bbl, summed over duplicate API numbers.
SUMOFLIQ12
Liquid production, reported in bbl, summed over duplicate API numbers.
SUMOFGAS12
Gas production, reported in MCF, summed over duplicate API numbers.
SUMOFWTR12
Water production, reported in bbl, summed over duplicate API numbers.
SUMOFLIQ13
Liquid production, reported in bbl, for 2013, summed over duplicate API numbers.
SUMOFGAS13
Gas production, reported in MCF, for 2013, summed over duplicate API numbers.
SUMOFWTR13
Water production, reported in bbl, for 2013, summed over duplicate API numbers.
PROD10_FLAG
Yes/No flag indicating if liquid and/or gas production >0.
PROD11_FLAG
Yes/No flag indicating if liquid and/or gas production >0.
PROD12_FLAG
Yes/No flag indicating if liquid and/or gas production >0.
PROD13_FLAG
Yes/No flag indicating if liquid and/or gas production >0.
NNA_FLAG
Flag for whether the well is located in an 8-hour ozone nonattainment area (2008 standard), as defined with the GIS layer available here: http://www.epa.gov/airquality/greenbook/gis_download.html. The flag identifies the specific type of 8-hour ozone classification the well is located within (i.e., extreme, severe 15, serious, moderate, or marginal).
SSA_FLAG
Flag for if the well is located over a sole source aquifer, as defined with the GIS layer available here: http://water.epa.gov/infrastructure/drinkingwater/sourcewater/protection/solesourceaquifer.cfm. "Yes" means the well is over a sole source aquifer.
FEDERAL_FLAG
Flag for if the well is located on federal lands, as defined with the GIS layer available here: http://nationalatlas.gov/atlasftp.html?openChapters=chpbound#chpbound. "Yes" means the well is on federal land.
ACTIVE_FLAG
Yes/No flag indicating active status based on latest production date.
ACTIVE_PROD_FLAG
Yes/No flag indicating whether entity produced liquid and/or gas in 2009-2012, using the production flags.
SHALE_FLAG
Yes/No flag for Pennsylvania only indicating if the type of production is shale gas.

Table 2. Summary of Lease-level Reporting for Wells with Production during 2010  -  2012
                                     State
                                 Total # Wells
                         Total # Lease-level Reports
                      # Wells with Lease-level Reporting
                  % of Total Wells with Lease-level Reporting
TX
                                                                        607,985
                                                                         31,449
                                                                        289,122
                                                                             48
KS
                                                                        138,891
                                                                         35,351
                                                                        133,515
                                                                             96
OK
                                                                         96,327
                                                                          2,213
                                                                          4,426
                                                                              5
PA
                                                                         81,980
                                                                             21
                                                                             42
                                                                            0.1
WV
                                                                         59,874
 -
 -
 -
CA
                                                                         59,633
 -
 -
 -
NM
                                                                         52,768
                                                                              1
                                                                              2
                                                                          0.004
OH
                                                                         48,902
 -
 -
 -
CO
                                                                         46,663
 -
 -
 -
WY
                                                                         44,294
 -
 -
 -
LA
                                                                         41,780
                                                                            511
                                                                          1,022
                                                                              2
KY
                                                                         18,444
                                                                          1,402
                                                                          2,804
                                                                             15
MI
                                                                         16,352
                                                                          1,192
                                                                         13,285
                                                                             81
UT
                                                                         12,377
 -
 -
 -
NY
                                                                         11,952
 -
 -
 -
MT
                                                                         11,773
 -
 -
 -
AR
                                                                         10,899
                                                                              4
                                                                              8
                                                                            0.1
ND
                                                                          8,801
 -
 -
 -
AL
                                                                          7,147
                                                                             62
                                                                            124
                                                                              2
VA
                                                                          6,426
 -
 -
 -
MS
                                                                          4,899
 -
 -
 -
AK
                                                                          2,558
 -
 -
 -
NE
                                                                          2,444
                                                                             20
                                                                             40
                                                                              2
TN
                                                                          1,766
 -
 -
 -
SD
                                                                            276
 -
 -
 -
FL
                                                                             94
                                                                              6
                                                                             12
                                                                             13
NV
                                                                             78
                                                                              4
                                                                              8
                                                                             10
MO
                                                                             67
 -
 -
 -
AZ
                                                                             30
 -
 -
 -
OR
                                                                             30
 -
 -
 -
MD
                                                                              8
 -
 -
 -
IL
                                                                              6
 -
 -
 -
          Note: This table does not include all wells in the deliverable, only those with reported production during 2010 - 2012.


[Federal Register Volume 85, Number 228 (Wednesday, November 25, 2020)]
[Notices]
[Pages 75312-75313]
[FR Doc No: 2020-26080]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2413-132]

Georgia Power Company; Notice of Application Accepted for Filing
and Soliciting Comments, Motions to Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:

    a. Application Type: Recreation and Land Use Plan.
    b. Project No: 2413-132.
    c. Date Filed: October 16, 2020.
    d. Applicant: Georgia Power Company.
    e. Name of Project: Wallace Dam Pumped Storage Project.
    f. Location: Oconee River in Hancock, Putnam, Green, and Morgan
counties, Georgia.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Joseph Charles, Hydro Compliance Coordinator,
Georgia

Power, 241 Ralph McGill Blvd., NE, BIN 10151, Atlanta, Georgia 30308,
(404) 506-2337<EMAIL_ADDRESS>    i. FERC Contact: Mark Carter,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: December 21, 2020.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include docket number P-2413-132. Comments emailed to Commission staff
are not considered part of the Commission record.
    k. Description of Request: As required by Article 410 of the June
28, 2020, license, Georgia Power Company filed a revised Recreation and
Land Use Plan for the project. In addition to the provisions of the
plan filed during relicensing, the revised Recreation and Land Use Plan
includes the provisions required by Article 410 (i.e., a ten-year plan
review process, incorporating U.S. Forest Service 4(e) Condition 24,
consulting the Georgia Department of Natural Resources on boating
access, documenting the number of parking spaces at each boat ramp, and
specifying public access available on future recreation lands).
    l. Locations of the Application: In addition to publishing the full
text of this document in the Federal Register, the Commission provides
all interested persons an opportunity to view and/or print the contents
of this document via the internet through the Commission's Home Page
(http://www.ferc.gov) using the elibrary link. Enter the docket number
excluding the last three digits in the document field to access the
document. At this time, the Commission has suspended access to the
Commission's Public Reference Room, due to the proclamation declaring a
National Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact FERC
at<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659. Agencies may obtain copies of the application directly
from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title COMMENTS, PROTEST, or MOTION TO INTERVENE as
applicable; (2) set forth in the heading the name of the applicant and
the project number of the application to which the filing responds; (3)
furnish the name, address, and telephone number of the person
commenting, protesting or intervening; and (4) otherwise comply with
the requirements of 18 CFR 385.2001 through 385.2005. All comments,
motions to intervene, or protests must set forth their evidentiary
basis. Any filing made by an intervenor must be accompanied by proof of
service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 385.2010.

    Dated: November 19, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-26080 Filed 11-24-20; 8:45 am]
BILLING CODE 6717-01-P