[Federal Register: October 6, 2009 (Volume 74, Number 192)]
[Notices]
[Page 51268-51269]
[DOCID:fr06oc09-33]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2594-013]

Northern Lights, Inc.; Notice of Application Accepted for Filing,
Soliciting Motions To Intervene and Protests, Ready for Environmental
Analysis, and Soliciting Comments, Recommendations, Preliminary Terms
and Conditions, and Preliminary Fishway Prescriptions

September 29, 2009.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Major License.
    b. Project No.: 2594-013.
    c. Date filed: July 17, 2009.
    d. Applicant: Northern Lights, Inc. (NLI).
    e. Name of Project: Lake Creek Hydroelectric Project.
    f. Location: The existing project is located on Lake Creek in
Lincoln County, Montana, near the City of Troy. The project does not
affect Federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r) .
    h. Applicant Contact: Mark Contor, Operations Manager, Northern
Lights, Inc., P.O. Box 269, 421 Chevy Street, Sagle, ID 83860;
Telephone<PHONE_NUMBER> ext. 134
    i. FERC Contact: Shana Murray, Telephone<PHONE_NUMBER>, and e-mail
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
recommendations, preliminary terms and conditions, and preliminary
fishway prescriptions is 60 days from the issuance of this notice;
reply comments are due 105 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    Motions to intervene, protests, comments, recommendations,

preliminary terms and conditions, and preliminary fishway prescriptions
may be filed electronically via the Internet. See 18 CFR.
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov/docs-filing/ferconline.asp) under the ``eFiling''
link. For a simpler method of submitting text only comments, click on
``Quick Comment.'' For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>call toll-free at<PHONE_NUMBER>; or,
for TTY, contact<PHONE_NUMBER>. Although the Commission strongly
encourages electronic filing, documents may also be paper-filed. To
paper-file, mail an original and eight copies to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    k. This application has been accepted for filing and is now is
ready for environmental analysis.
    l. The Project consists of: (1) a 268-foot-long, 44-foot-high
concrete gravity dam; (2) a 30-acre reservoir with a storage capacity
of 150 acre-feet (af); (3) a reinforced concrete intake structure; (4)
a 1,694-foot-long, 10-foot diameter flowline, leading to a forebay
created by a reinforced concrete structure with wood superstructure;
(5) a 297-foot-long, 5-foot diameter penstock, leading to Powerhouse
No. 1 containing a Francis-type, turbine-generating unit with a rated
capacity of 1 megawatt (MW); (6) a 441-foot-long penstock with a
diameter of 8.5 feet, leading to Powerhouse No. 2 containing a Francis-
type, turbine-generating unit with a rated capacity of 3.5 MW; (7) a
2.4-7.97/13.8 kilovolt step-up transformer at Powerhouse No. 2; and (8)
appurtenant facilities. The project is estimated to generate an average
of 23,400,000 kilowatthours annually. The dam and existing project
facilities are owned and operated by the applicant. The applicant is
not proposing to add capacity or to make any modifications to the
Project or its operation under the new license.
    Register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    n. 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. 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.
    All filings must (1) bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or
``PRELIMINARY FISHWAY PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. A copy of all other
filings in reference to this application 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 4.34(b) and
385.2010.
    o. Procedural Schedule:
    The application will be processed according to the following
revised Hydro Licensing Schedule. Revisions to the schedule may be made
as appropriate.
    (For projects with a Non-Draft NEPA document):

------------------------------------------------------------------------
                 Milestone                           Target date
------------------------------------------------------------------------
Filing of recommendations, preliminary      November 28, 2009.
 terms and conditions, and preliminary
 fishway prescriptions.
Commission issues Draft EA or EIS.........  May 27, 2010.
Comments on Draft EA or EIS...............  July 26, 2010.
Modified Terms and Conditions.............  September 24, 2010.
Commission Issues Final EA or EIS.........  December 23, 2010.
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
    q. A license applicant must file no later than 60 days following
the date of issuance of the notice of acceptance and ready for
environmental analysis provided for in Sec.  5.22: (1) A copy of the
water quality certification; (2) a copy of the request for
certification, including proof of the date on which the certifying
agency received the request; or (3) evidence of waiver of water quality
certification.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-23986 Filed 10-5-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Notices]
[Page 15933]
[FR Doc No: 2021-06104]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
                                                        Presenter or
            Docket Nos.                File date          requester
------------------------------------------------------------------------
Prohibited:
    1. P-178-000..................        3-5-2021  FERC Staff \1\.
    2. P-10853-000................        3-5-2021  FERC Staff \2\.
    3. CP17-458-000...............       3-17-2021  FERC Staff \3\.
Exempt:
    1. CP17-494-000...............        3-2-2021  State of Oregon,
                                                     Governor Kate
                                                     Brown.
    2. ER21-1111-000..............       3-15-2021  South Carolina
                                                     Senator Tom Davis.
    3. ER20-2878-000..............       3-16-2021  U.S.Congress \4\.
------------------------------------------------------------------------
\1\ Telephone Memorandum dated March 1, 2021 regarding call between
  Commission staff and Ted Sorenson, Kern & Tule Hydro.
\2\ Email dated 3/2/21 regarding communication between Commission staff
  and Laura Cowan, Klein Schmidt Group.
\3\ Email dated 03/08/2021 regarding communication between Commission
  staff and Mark Morris.
\4\ U.S. Representatives Jim Costa, Josh Harder, and John Garamendi.

    Dated: March 18, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-06104 Filed 3-24-21; 8:45 am]
BILLING CODE 6717-01-P


MEMORANDUM

DATE:		June 22, 2015

TO:		Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

FROM:	Howard J. Hoffman, EPA - OGC

SUBJECT:	06/22/15 Phone Call Regarding Proposed Clean Power Plan for Existing Power Plants with NRDC --------------------------------------------------------------------------------

SUMMARY

      On June 22, 2015, Ben Longstreth of the Natural Resources Defense Council (NRDC) call to discuss legal issues concerning the Clean Power Plan proposal for existing power plants.


[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Rules and Regulations]
[Pages 20426-20427]
[FR Doc No: 2020-07141]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2020-0011; FRL-10007-59-Region 7]

Air Plan Approval; Missouri; Control of Nitrogen Oxide Emissions
From Portland Cement Kilns

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State Implementation Plan (SIP) for
the State of Missouri for a regulation that establishes nitrogen oxide
(NOX) control equipment and NOX emission levels
for Portland cement kilns. This final action will amend the SIP to
include adding incorporations by reference, including definitions
specific to the rule, revising unnecessarily restrictive language,
updating test methods, and making other administrative wording changes.
The EPA's approval of these rule revisions is being done in accordance
with the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on May 13, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2020-0011. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e., 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 https://www.regulations.gov or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Tracey Casburn, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7016; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    The EPA is approving revisions to 10 Code of State Regulation (CSR)
10 CSR 10-6.380, Control of NOX Emissions from Portland Cement Kilns in
the Missouri SIP. Missouri made several revisions to the rule. These
revisions are described in detail in the technical support document
(TSD) included in the docket for this action. The EPA is finalizing
this action because the revisions to these rules will not have a
negative impact on air quality.

II. Have the requirements for approval of a SIP revision been met?

    The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided public notice of the revisions from July 30, 2018, to
September 6, 2018, and held a public hearing on August 30, 2018. The
State received and addressed comments from the EPA. In addition, as
explained in more detail in the TSD included in the docket for this
action, the revision meets the substantive SIP requirements of the CAA,
including section 110 and implementing regulations.

III. The EPA's Response to Comments

    The public comment period on the EPA's proposed rule opened
February 18, 2020, the date of its publication in the Federal Register,
and closed on March 19, 2020 (85 FR 8791). During this period, EPA
received no comments.

IV. What action is the EPA taking?

    The EPA is taking final action to approve revisions to 10 CSR 10-
6.380, Control of NOX Emissions from Portland Cement Kilns in the
Missouri SIP. Approval of these revisions will ensure consistency
between State and federally approved rules. The EPA has determined that
these changes will not adversely impact air quality.

V. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
Missouri Regulations described in the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 7 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
    Therefore, these materials have been approved by the EPA for
inclusion in the State Implementation Plan, 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 the EPA's approval, and will be incorporated by reference
in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act 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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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 the 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 June 12, 2020. 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 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, Nitrogen oxide, Portland cement kilns.

    Dated: March 31, 2020.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as set forth below:

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.

Subpart AA--Missouri

0
2. In Sec.  52.1320, the table in paragraph (c) is amended by revising
the entry ``10-6.380'' to read as follows:

Sec.  52.1320  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
       Missouri citation                Title        effective date   EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
10-6.380.......................  Control of NOX           2/28/2019  4/13/2020, [insert
                                  Emissions From                      Federal Register
                                  Portland Cement                     citation].
                                  Kilns.

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

* * * * *
[FR Doc. 2020-07141 Filed 4-10-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60950-60953]
[FR Doc No: 2018-25846]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0196]

30-Day Notice of Proposed Information Collection: Pilot Program
To Allow 18- to 21-Year-Old Persons With Military Driving Experience To
Operate Commercial Motor Vehicles (CMVs) in Interstate Commerce

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval. Pursuant to Section 5404 of the Fixing America's Surface
Transportation Act, 2015 (FAST Act), FMCSA proposes a 3-year period of
information collection to determine: (1) Whether the safety outcomes
(to include crashes, moving violations, inspection violations, and
safety critical events as available) of drivers under the age of 21
with military experience in the operation of heavy vehicles (i.e.,
``covered drivers'') participating in interstate commerce are similar
to the safety outcomes of CMV drivers between the ages of 21 and 24
(i.e., drivers aged 21, 22, 23, or 24) operating freight-carrying CMVs,
and (2) how training and experience impact the safety of the 18- to 20-
year-old driving population. FMCSA proposed this pilot program and
solicited public comment on August 22, 2016. Two Federal Register
notices were published on July 6, 2018. One notice requested comments
on this proposed information collection request (83 FR 31631) and the
other announced programmatic details for participating in the pilot
program and responded to comments received on the initial proposal for
the pilot program (83 FR 31633). The comment period was open for 60-
days and closed on September 4, 2018. In response to the notice, FMCSA
received 37 comments.

DATES: Please send your comments by December 28, 2018. OMB must receive
your comments by this date in order to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2017-0196. Interested persons are
invited to submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the attention
of the Desk Officer, Department of Transportation/Federal Motor Carrier
Safety Administration, and sent via electronic mail to
[email protected], or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington,
DC 20503.

FOR FURTHER INFORMATION CONTACT: Nicole Michel, Research Division,
Federal Motor Carrier Safety Administration, 1200 New Jersey

Avenue SE, Washington, DC 20590-0001, by email at
[email protected], or by telephone at<PHONE_NUMBER>. If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: Proposed Information Collection for a Pilot Program to Allow
18- to 21-Year-Old Persons with Military Driving Experience to Operate
CMVs in Interstate Commerce.
    OMB Control Number: 2126-NEW.
    Type of Request: New information collection.
    Respondents: Motor carriers; 21- to 24-year-old entry-level CMV
drivers with valid commercial drivers' licenses (CDLs) operating in
freight-carrying interstate commerce (control group drivers); 18- to
20-year-old freight-carrying CMV drivers with a valid CDL operating in
intrastate commerce (intrastate group drivers); 18- to 20-year-old
current or former military personnel with training in heavy-duty
vehicle operations (covered drivers) and valid CDLs with a K-
restriction.
    Estimated Number of Respondents: 1,570. [Motor carriers: 70 in
total; 50 at any given time. Control group drivers: 500 in total (Year
1 = 300; Year 2 = 100; Year 3 = 100; Annualized = 166.7). Intrastate
group drivers: 500 in total (Year 1 = 300; Year 2 = 100; Year 3 = 100;
Annualized = 166.7). Covered group drivers: 500 in total (Year 1 = 300;
Year 2 = 100; Year 3 = 100; Annualized = 166.7).
    Estimated Time per Response: Motor Carriers: application--20
minutes (one-time response); monthly data submission--45 minutes (per
participating driver); miscellaneous additional data submissions--60
minutes per month (e.g. notification of a crash with injury or
fatality, notification of a driver leaving the carrier or study);
monthly supporting information--15 minutes (per sponsored participating
driver, monthly; e.g., optional on-board monitoring system [OBMS] logs,
investigation findings for crashes). Drivers: background information
and informed consent forms--20 minutes (one-time response).
    Expiration Date: N/A. This is a new information collection request
(ICR).
    Frequency of Response: This is a one-time pilot program that will
span a 3-year period of data collection. Throughout the 3-year pilot
program, the response frequencies are: Motor-carrier applications: one-
time response. Driver demographic and release forms: one-time response.
Motor carrier driver data submission: monthly (see ``Estimated Time per
Response'' for more details).
    Estimated Total Annual Burden: 7,974.5 hours annualized. [This
includes 7.8 hours annualized for motor carrier applications; 166.67
hours annualized for driver information and informed consent forms;
5,400 hours annualized for monthly driver activity and safety data; 600
hours annualized for miscellaneous tasks; and 1,800 hours annualized
for additional supporting data.]

Background

I. Project Summary

Purpose

    Pursuant to Section 5404 of the FAST Act, the proposed ICR will
support research to determine whether the safety outcomes of covered
drivers participating in interstate commerce are similar to the safety
outcomes of older entry-level drivers, and how training and experience
impact the safety of the 18- to 20-year-old driving population.

FAST Act Mandate

    Section 5404 of the FAST Act (Pub. L. 114-94, 129 Stat. 1312, 1549,
Dec. 4, 2015) (49 U.S.C. 31315 note) requires the establishment of a
data collection program to collect and analyze data regarding crashes
involving covered drivers participating in the pilot program, and
drivers under the age of 21 operating CMVs in intrastate commerce. A
``covered driver'' is defined as a current or former member of the
armed forces or reserve components between the ages of 18 and 21 (i.e.,
a driver aged 18, 19, or 20), who is qualified in a Military
Occupational Specialty (MOS) to operate a CMV or similar vehicle. A
report detailing the findings will be submitted to Congress no later
than one year after completing data collection. A working group was
also established under section 5404 to review this data collection and
provide advice to FMCSA.

Regulatory Relief

    Drivers of CMVs engaged in interstate commerce must be at least 21
years of age (49 CFR 391.11(b)(1)). This includes CMVs for which CDLs
are required and certain other CMVs for which a CDL is not required.
    In the May 9, 2011, final rule on ``Commercial Driver's License
Testing and Commercial Learner's Permit Standards,'' (76 FR 26854), the
Agency set a minimum age of 18 for an individual to obtain a CLP. A CDL
holder under the age of 21 must have a ``K'' restriction on their CDL,
which limits the driver to operating in intrastate commerce. Therefore,
the proposed pilot program requires that participating drivers be
provided relief from sections of 49 CFR parts 383 and 391 concerning
minimum age requirements so that the covered drivers may operate in
interstate commerce.

II. Data Collection Plan

    Details of the data collection plan for this pilot program are
subject to change based on comments in the docket and further review by
FMCSA.
    The data collection plan calls for 50 motor carriers to be active
in the pilot program at a time who will each identify and employ at
least one covered group driver in addition to intrastate drivers and/or
control group drivers. Carriers will report safety data to FMCSA. Note
that while only 50 carriers are expected to participate at any given
time, an estimated 70 carriers will participate throughout the 3-year
study due to carrier turnover.
    FMCSA anticipates an average of 600 drivers participating in the
study per year (200 control group, 200 intrastate, and 200 covered
drivers). An estimated 300 replacement drivers (100 control group, 100
intrastate, and 100 covered) will participate during each year of the
3-year program due to expected driver turnover.
    The information collection can be summarized by the following:

     A motor carrier application (completed once at the time
of application) for participation in the pilot program will provide
the project team with the carrier's contact information and
demographic data.
     Each participating driver will need to complete a
driver background information form and sign an informed consent
form, which the motor carrier will submit on the driver's behalf.
This is a one-time task for each driver.
     On a monthly basis, carriers will submit data on driver
activity (e.g., duty hours, driving hours, off-duty time, restart
breaks), safety outcomes (e.g., crashes, violations, and safety-
critical events) and any additional supporting information (e.g.,
OBMS logs, investigative reports from previous crashes).
     Carriers will be required to notify FMCSA within 24
hours of: Any injury or fatality crashes involving a participating
driver, a participating driver receiving an alcohol-related citation
(e.g., driving under the influence, driving while intoxicated), a
participating driver choosing to leave the pilot program, a
participating driver leaving the carrier, or a participating driver
failing a random or post-crash drug/alcohol test.

    This pilot limits the definition of CMVs to large trucks and does
not include passenger-carrying vehicles, such as buses. The pilot also
excludes trucks in special configurations or involved in the transport
of hazardous materials.

III. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501-3520)
prohibits agencies from conducting information collection (IC)
activities until they analyze the need for the collection of
information and how the collected data will be managed. Agencies must
also analyze whether technology could be used to reduce the burden
imposed on those providing the data. The Agency must estimate the time
burden required to respond to the IC requirements, such as the time
required to complete a particular form. The Agency submits its IC
analysis and burden estimate to OMB as a formal ICR; the Agency cannot
conduct the information collection until OMB approves the ICR.

IV. Summary of Public Comments Received

    A Federal Register notice (83 FR 31631) was published on July 6,
2018, which requested comments on this proposed information collection
request. The comment period was open for 60-days and closed on
September 4, 2018. The notice received 37 comments, which are
summarized here.
    Of the comments received, 17 were in support for the pilot program
with an additional 3 comments in support of the pilot program given
certain criteria were met. There were 14 commenters who opposed the
pilot program, and 3 additional comments were neutral in their stance
toward the pilot program.
    Commenters Supportive or Conditionally Supportive of the Pilot
Program: There were 17 commenters who acknowledge their support of the
pilot program, and an additional three commenters who acknowledged
support of the pilot program given certain circumstances. Several of
these comments felt this would be a good opportunity for young military
personnel to form a career based on their military training. Several
comments offered suggestions or considerations, which are detailed
below.
    1. Consider the size and weight of the vehicle for which the
military candidates are licensed to drive to avoid accepting candidates
who were trained on or have experience with light military vehicles
only. In other words, specify a type of vehicle requirement for
military participants to be trained in and have experience on.
    FMCSA Response: A review of the vehicles used in each MOS was
conducted and it is expected that the military driver will receive a
CDL for a class of vehicles that is comparable with the knowledge and
experience. The identified MOSs include 88M or 92F for the U.S. Army,
E.O. for the U.S. Navy, 3531 for the U.S. Marine Corps, and 2T1, 2F0,
or 3E2 for the U.S. Airforce.
    2. Consider having drivers pass an approved driver training program
before participating in the pilot program.
    FMCSA Response: A comparison of the MOS training requirements
against the Entry Level Driver Training curriculum requirements was
completed and determined that military training programs often exceed
the number of classroom and behind-the-wheel training hours that many/
most entry level drivers receive. The drivers in the covered group will
need to have passed their military training in order to participate in
the study.
    3. Consider excluding drivers from the control sample for the same
reason(s) military personnel would be disqualified from participating
(e.g., disqualifications, suspensions, or revocations in the past three
years) and extend the requirement that covered drivers may not
transport passengers or hazardous materials, or operate doubles or
triples to the control group drivers as well.
    FMCSA Response: FMCSA does not feel control group drivers or
current intrastate drivers should have disqualification standards other
than the current FMCSA disqualification regulations found in CFR 49
383.51, as they are otherwise eligible to drive currently. These
drivers will not be receiving any exemptions from the current rules and
regulations, so as long as they remain in compliance with FMCSA
regulations they are eligible to operate a CMV and therefore should be
eligible to participate in the pilot program. No drivers participating
in the study will be allowed to transport passengers, hazardous cargo,
or to operate a vehicle in special configurations, as specified in the
FAST Act.
    4. Clarify what is meant by ``or be subject to any OOS order''
regarding control driver requirements.
    FMCSA Response: FMCSA will remove control drivers from the pilot
program if they are subject to any out of service orders issued by the
Agency.
    5. Specify that control drivers may not be former covered drivers
who have aged out of the covered driver group.
    FMCSA Response: This is the intended study design, although
continuing data on these drivers will be collected as possible to
determine trends with individual drivers.
    6. Consider balancing the number of covered and control drivers
from each carrier to minimize the effects of carrier differences in
analysis.
    FMCSA Response: This was considered in the original study design;
however, it was determined that this could be overly burdensome on
small carriers and may deter them from participating; therefore, this
is not a requirement for participation in the study.
    7. Consider increasing the size of the study groups and not setting
a maximum number on carriers who can participate.
    FMCSA Response: The size of the groups has been estimated as a
minimum required sample size to determine statistically valid results.
FMCSA does not have a limit to the number of drivers or carriers that
may participate.
    8. Consider widening the age range of the control study group to
increase small carrier participation.
    FMCSA Response: The control study group age was originally proposed
to be from 21 to 26 years old in the Federal Register Notice titled
``Commercial Driver's Licenses; Proposed Pilot Program to Allow Persons
Between the Ages of 18 and 21 with Military Driving Experience to
Operate Commercial Motor Vehicles in Interstate Commerce,'' published
on August 22, 2016 (81 FRN 56745). Based on comments received on this
Federal Register Notice, FMCSA modified the control group age range to
a smaller, younger control group that would be a better comparison to
other new, young drivers.
    9. Ensure data is evaluated by an independent third party before
being analyzed by the working group.
    FMCSA Response: The data and analysis performed for this study will
be evaluated by at least three independent peer reviewers who have
appropriate credentials prior to the working group reviewing the
findings.
    10. Exercise caution when using CSA scores to determine motor
carrier eligibility.
    FMCSA Response: FMCSA will use SMS percentiles in a fair manner to
determine carrier eligibility; however, FMCSA has determined that
evaluating SMS percentiles prior to carrier acceptance is necessary to
ensure safety to both pilot program participants and the general
motoring public.
    11. Consider collecting additional data, to include: Types of
advanced vehicle safety technologies in use, types of vehicles being
used by participating drivers, type of freight hauled, type of
operating environment, as well as specific details about the type and
duration of training the driver has

received, to include both pre-CDL and post-CDL training.
    FMCSA Response: FMCSA agrees that this information should be
requested, and has updated data collection forms to reflect these
items. However, FMCSA will not preclude a carrier from participation
for not providing these details if other requirements are met.
    13. Consider a formal review process for motor carriers who
temporarily fall out of compliance with the pilot program requirements
and want to re-enter the program.
    FMCSA Response: Carriers who fall out of compliance with the pilot
program requirements will be dealt with on an individual basis
depending on several factors, including evaluating the severity of
their lapse of compliance.
    14. Allow for carriers to report driver infractions (e.g., failure
of a drug test, crashes, violations, etc.) in one business day as
opposed to one 24-hour period.
    FMCSA Response: FMCSA does not agree that one business day is the
correct time frame for reporting these infractions; however, FMCSA has
clarified that they should be reported within one day of the carrier
being informed of any of these infractions.
    Commenters Opposed to the Pilot Program: Of the 14 commenters who
were against the pilot program, 13 comments were submitted by
individuals, while one comment was submitted by the Advocates for
Highway and Auto Safety (Advocates). Several commenters mentioned
general knowledge that younger drivers tend to be less safe than older
drivers. One commenter mentioned concern over the potential for younger
drivers to be treated harshly by the industry, and several mentioned a
lack of experience that would be concerning. Advocates additionally
recommended requiring both the use of an Electronic Logging Device
(ELD) and the use of an On-Board Monitoring System (OBMS).
    FMCSA Response: For those commenters who expressed concern due to
immaturity and lack of experience of younger drivers, FMCSA reiterates
that the pilot program will have stringent participation criteria which
includes military training that exceeds most entry-level driver
training programs as well as military experience operating a heavy
vehicle that is comparable to a CMV. Participants must be trained in a
specific MOS which have been selected as those most closely mirroring
experience with CMVs. Drivers will be required to comply with current
regulations regarding ELDs, and while most CMVs are equipped with OBMS
systems, FMCSA's position is that requiring use of an OBMS would limit
the ability of smaller carriers to apply for the program. In an effort
to not bias the sample, OBMS data will be collected from participating
drivers if the vehicle they operate is already equipped with that
system; however, it is not a requirement for participation.
    Comments Neutral towards the Pilot Program: There were three
commenters who did not voice whether they supported or opposed the
pilot program. These comments included one voicing concern over the
industry turning away these young drivers due to the difficult nature
of the industry and its lifestyle (e.g., long periods away from home),
a commenter raising the need for a lot of hands on training for anyone
entering the industry, and one commenter who had questions and
commentary regarding expanding the pilot program, current regulations,
and the practices their carrier follows. This commenter also felt the
current study design was too onerous for small carriers and geared more
towards large carriers.
    FMCSA Response: These comments were not actionable with regard to
this pilot program. The FAST Act specifies who should be included in
the pilot program, and the military training offers extensive classroom
and behind-the-wheel training prior to being certified in one of the
relevant MOSs. Regarding the burden on small carriers, FMCSA has
designed a study that is open to having all carriers (small, medium,
and large) apply to the program, while still being able to meet the
safety needs of this pilot program and collect enough data to conduct a
statistically meaningful analysis. FMCSA has made several efforts to
assist with reducing the burden on small carriers, such as not making
OBMS data a requirement, and not requiring carriers to provide a driver
for each group on a one-for-one basis.

    Issued under the authority delegated in 49 CFR 1.87 on: November
20, 2018.
G. Kelly Regal,
Associate Administrator for Office of Research and Information
Technology.
[FR Doc. 2018-25846 Filed 11-26-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 85, Number 115 (Monday, June 15, 2020)]
[Notices]
[Pages 36198-36199]
[FR Doc No: 2020-12831]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2997-031]

 South Sutter Water District; Notice Soliciting Scoping Comments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Major, new license.
    b. Project No.: P-2997-031.
    c. Date filed: July 1, 2019.
    d. Applicant: South Sutter Water District.
    e. Name of Project: Camp Far West Hydroelectric Project.
    f. Location: The existing hydroelectric project is located on the
Bear River in Yuba, Nevada, and Placer Counties, California. The
project, with the proposed project boundary modifications, would occupy
a total of 2,674 acres. No Federal or tribal lands occur within or
adjacent to the project boundary or along the Bear River downstream of
the project.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Mr. Brad Arnold, General Manager, South
Sutter Water District, 2464 Pacific Avenue, Trowbridge, California
95659.
    i. FERC Contact: Quinn Emmering,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing scoping comments: July 9, 2020.
    The Commission strongly encourages electronic filing. Please file
scoping comments 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 (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-2997-031.
    k. This application is not ready for environmental analysis at this
time.
    l. The existing Camp Far West Hydroelectric Project operates to
provide water during the irrigation season, generate power, and meet
streamflow requirements for the Bear River. The existing project
includes: (1) A 185-foot-high, 40-foot-wide, 2,070-foot-long, earth-
filled main dam; (2) a 45-foot-high, 20-foot-wide, 1,060-foot-long,
earth-filled south wing dam; (3) a 25-foot-high, 20-foot-wide, 1,460-
foot-long, earth-filled north wing dam; (4) a 15-foot-high, 20-foot-
wide, 1,450-foot-long, earth-filled north dike; (5) a 2,020-acre
reservoir with a gross storage capacity of about 104,000 acre-feet at
the normal maximum water surface elevation (NMWSE) of 300 feet; (6) an
overflow spillway with a maximum design capacity of 106,500 cubic feet
per second (cfs) at a reservoir elevation of 320 feet with a 15-foot-
wide concrete approach apron, 300-foot-long ungated, ogee-type concrete
structure, and a 77-foot-long downstream concrete chute with concrete
sidewalls and a 302.5-foot single span steel-truss bridge across the
spillway crest; (7) a 1,200-foot-long, unlined, rock channel that
carries spill downstream to the Bear River; (8) a 22-foot-high,
concrete, power intake tower with openings on three sides protected by
steel trashracks; (9) a 25-foot-4-inch-high, concrete, intake tower
with openings on three sides, each of which is protected by steel
trashracks that receives water for the outlet works; (10) a 760-foot-
long, 8-foot-diameter concrete tunnel through the left abutment of the
main dam that conveys water from the power intake to the powerhouse;
(11) a steel-reinforced, concrete powerhouse with a 6.8-megawatt,
vertical-shaft, Francis-type turbine, which discharges to the Bear
River at the base of the main dam; (12) a 350-foot-long, 48-inch-
diameter steel pipe that conveys water from the intake structure to a
valve chamber for the outlet works; (13) a 400-foot-long, 7.5-foot-
diameter concrete-lined horseshoe tunnel that connects to the valve
chamber to a 48-inch-diameter, Howell Bunger outlet valve with a
capacity of 500 cfs that discharges directly into the Bear River; (14)
a fenced switchyard adjacent to the powerhouse; (15) two recreation
areas with campgrounds, day-use areas, boat ramps, restrooms, and
sewage holding

ponds; and (16) a recreational water system that includes two pumps in
the reservoir that deliver water to a treatment facility that is piped
to a 60,000-gallon storage tank to supply water to recreation
facilities. The project has no transmission facilities. The estimated
average annual generation (2010 to 2017) is 22,637 megawatt-hours.
    South Sutter Water District proposes to: (1) Raise the NMWSE of the
project reservoir by 5 feet from an elevation of 300 feet to an
elevation of 305 feet; (2) raise the crest of the existing spillway
from an elevation of 300 feet to an elevation of 305 feet to
accommodate the proposed pool raise; (3) replace and restore several
recreation facilities; (4) add an existing 0.25-mile road as a primary
project road to access the powerhouse and switchyard; and (5) modify
the project boundary to account for the removal of the 1.9-mile-long
transmission line from the license in 1991, corrections based on
current project operation and maintenance, and changes under the
category of a contour 20 feet above the 300-feet NMWSE or proximity of
200-horizontal-feet from the 300-foot NMWSE.
    m. 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 docket number 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 Online
Support.
    n. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. Scoping Process
    The Commission staff intends to prepare an Environmental Assessment
(EA) for the Camp Far West Hydroelectric Project in accordance with the
National Environmental Policy Act. The EA will consider both site-
specific and cumulative environmental impacts and reasonable
alternatives to the proposed action.
    Commission staff does not anticipate holding a formal public or
agency scoping meeting. Instead, we are soliciting comments,
recommendations, and information, on the Scoping Document (SD) issued
on June 9, 2020.
    Copies of the SD outlining the subject areas to be addressed in the
EA were distributed to the parties on the Commission's mailing list and
the applicant's distribution list. Copies of the SD may be viewed on
the web at http://www.ferc.gov using the ``eLibrary'' link. Enter the
docket number excluding the last three digits in the docket number
field to access the document. For assistance, call 1-866-208-3676 or
for TTY,<PHONE_NUMBER>.

    Dated: June 9, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-12831 Filed 6-12-20; 8:45 am]
 BILLING CODE 6717-01-P


ENVIRONMENTAL PROTECTION AGENCY TELEPHONE CALL RECORD Project Name: Other Solid Waste Incineration ( OSWI) Units: Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources Date: 10/ 04/ 05; 11/ 01/ 05; 11/ 03/ 05 Time:

Activity: Conference Call Participants included: Carol Holmes ( EPA), Mary Johnson ( EPA), Paul Atelsek ( USCG), Andy Goshorn ( USCG), Curtis Borland ( USCG), Mark Vlaun ( USCG), Mark Zill ( USCG)

General Subject: Question regarding applicability of the OSWI standards and guidelines TOPICS DISCUSSED AND ACTION TAKEN The purpose of the conference calls was to provide an opportunity for representatives of the U. S. Coast Guard ( USCG) to ask EPA questions they had with respect to applicability of the proposed standards and guidelines for OSWI units to incinerators on ships. The USCG indicated that:

1) Five of USCG largest cutter classes have small shipboard incinerators. A sixth cutter class to be constructed will also have incinerators. 2) The incinerators on these ships are small ( 100 lb  700 lb maximum burn per day). 3) These incinerators meet IMO certification requirements and do not burn hazardous waste. 4) The USCG ships need to maintain maximum flexibility regarding their ability to stay at sea in order to perform their duties.


[Federal Register: June 28, 2007 (Volume 72, Number 124)]
[Notices]
[Page 35459-35460]
[DOCID:fr28jn07-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12778-001]

Fall Creek Hydro, LLC; Notice of Application Accepted for Filing
and Soliciting Comments, Protests, and Motions To Intervene

June 21, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12778-001.
    c. Date filed: March 12, 2007.
    d. Applicant: Fall Creek Hydro, LLC.
    e. Name and Location of Project: The proposed Fall Creek
Hydroelectric Project would be located on Fall Creek in Lane County,
Oregon. The existing Fall Creek Dam is administered by the U.S. Army
Corps of Engineers.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    g. Applicant contact: Mr. Brent Smith, Northwest Power Services,
Inc., 975 South State Highway, Logan, UT 84321,<PHONE_NUMBER>.
    h. FERC Contact: Tom Papsidero,<PHONE_NUMBER>.
    i. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-12778-001) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    j. Description of Existing Facilities and Proposed Project: The
proposed project, utilizing the existing U.S. Army Corps of Engineers'
Fall Creek Dam and reservoir would consist of: (1) A proposed intake
structure, (2) a proposed 650-foot-long, 144-inch-diameter steel
penstock, (3) a proposed powerhouse containing three generator units
with an installed capacity of 10.0 megawatts, (4) a 1.0-mile-long, 15
kV transmission line, and (5) appurtenant facilities. The project would
have an annual generation of 18.7 GWh.
    k. Location of Applications: A copy of the application is available
for inspection and reproduction at the Commission in the Public
Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov
 using the ``eLibrary'' link. Enter the docket number

excluding the last three digits in the docket number field to access
the document. For assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item g
above.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
    n. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    o. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    p. Proposed Scope of Studies under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    q. 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. 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.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    r. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, and the Project
Number of the particular application to which the filing refers. Any of
the above-named documents must be filed by providing the original

and the number of copies provided by the Commission's regulations to:
The Secretary, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426. An additional copy must be sent to Director,
Division of Hydropower Administration and Compliance, Federal Energy
Regulatory Commission, at the above-mentioned address. A copy of any
notice of intent, competing application or motion to intervene must
also be served upon each representative of the Applicant specified in
the particular application.
    s. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-12481 Filed 6-27-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Rules and Regulations]
[Pages 63009-63011]
[FR Doc No: 2020-21816]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 742 and 774

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI04

Controls on Exports and Reexports of Water Cannon Systems

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations to impose a license requirement
on exports and reexports of water cannon systems for riot or crowd
control and parts and components specially designed therefor. This
action furthers U.S. foreign policy interests for crime control (CC)
reasons and is intended to address the spread of violations of human
rights globally by enabling the government to review covered exports
and reexports worldwide, except to NATO member countries and certain
other military allies. This change will also enable the Government to
more effectively control exports of water cannons to the Hong Kong
Police Force, consistent with a 2019 Congressional mandate to prohibit
the licensing of such transactions. This rule also makes conforming
amendments.

DATES: This rule is effective October 6, 2020.

FOR FURTHER INFORMATION CONTACT: Steven Schrader, Foreign Policy
Division, Office of Nonproliferation and Treaty Compliance, Bureau of
Industry and Security, U.S. Department of Commerce, by email at
<EMAIL_ADDRESS>or by phone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    This rule furthers U.S. foreign policy interests for crime control
(CC) reasons and is intended to promote the U.S. foreign policy of
protecting human rights by imposing a license requirement under the
Export Administration Regulations (EAR) for water cannon systems and
related items.
    Specifically, in this rule, BIS establishes export and reexport
controls on water cannon systems for riot or crowd control and parts
and components specially designed therefor by creating new Export
Control Classification Numbers (ECCN) 0A977, 0D977 and 0E977 within the
Commerce Control List (CCL) of the EAR, Supplement No. 1 to Part 774. A
license is now required under the EAR for the export and reexport of
water cannon systems and related software and technology to countries
that have been designated with an X in CC (crime control) Column 1 of
the Commerce Country Chart, Supplement No. 1 to Part 738 of the EAR.
This includes most countries worldwide, other than NATO member
countries and certain other military allies.
    Consistent with the current licensing policy described in Sec.
742.7 of the EAR--Crime control and detection--applications to export
or reexport items subject to control pursuant to this rule will
generally be considered favorably on a case-by-case basis, unless there
is civil disorder in the country or region or unless there is evidence
that the government of the importing country may have violated
internationally recognized human rights. These ECCN entries include
illustrative, but not comprehensive, lists of features and items for
additional clarity of what is controlled.
    As a conforming change, BIS amends Sec.  742.7 of the EAR by adding
ECCNs 0A977, 0D977 and 0E977 to paragraph (a) (License requirements),
which identifies the license requirements for items controlled for
Crime Control reasons on the CCL.
    On November 27, 2019, the Congress passed Public Law 116-77 to
prohibit the commercial export of covered munitions items to the Hong
Kong Police Force (the ``Act''). The Act explicitly directs the
President to prohibit, starting 30 days after enactment, the issuance
of licenses for the export of water cannons, among other items, to the
Hong Kong Police Force, unless the President makes certain
certifications to Congress beforehand. Prior to this rule, all of the
items covered by the licensing prohibition cited in the Act were
generally controlled for export to Hong Kong, except for water cannons.
With this rule, water cannons and related items will now require a
license for export or reexport to Hong Kong, and license applications
will be reviewed consistent with all applicable laws.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (codified, as
amended, at 50 U.S.C. 4801-4852). ECRA provides the legal basis for
BIS's principal authorities

and serves as the authority under which BIS issues this rule.

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, distribute 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 final rule has not been designated to be a
``significant regulatory action'' under section 3(f) of Executive Order
12866.
    2. This final rule is not subject to the requirements of E.O. 13771
(82 FR 9339, February 3, 2017) because it is issued with respect to a
military and foreign affairs function of the United States. In
particular, protection of human rights is a foreign affairs function
addressed by this rule. Accordingly, this rule meets the requirements
set forth in the April 5, 2017, OMB guidance implementing E.O. 13771.
See https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2017/M-17-21-OMB.pdf.
    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of
2018 (50 U.S.C. 4821), this action is exempt from the Administrative
Procedure Act (5 U.S.C. 553) requirements for notice of proposed
rulemaking, opportunity for public participation, and delay in
effective date.
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.
    6. Notwithstanding any other provision of law, no person may be
required to respond to or 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 regulation involves a
collection currently approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. This collection
includes, among other things, license applications, and carries a
burden estimate of 42.5 minutes for a manual or electronic submission
for a total burden estimate of 31,878 hours. BIS expects the burden
hours associated with this collection to minimally increase and have
limited impact on the existing estimates. Any comments regarding the
collection of information associated with this rule, including
suggestions for reducing the burden, may be submitted through
www.reginfo.gov/public/do/PRAMain.

List of Subjects

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, parts 742 and 774 of the Export Administration
Regulations (15 CFR parts 730 through 774) are amended as follows:

PART 742--[AMENDED]

0
1. The authority citation for part 746 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004
Comp., p. 320; Notice of November 12, 2019, 84 FR 61817 (November
13, 2019).

0
2. Section 742.7 is amended by revising paragraph (a)(1) to read as
follows:

Sec.  742.7  Crime control and detection.

    (a) * * *
    (1) Crime control and detection instruments and equipment and
related ``technology'' and ``software'' identified in the appropriate
ECCNs on the CCL under CC Column 1 in the Country Chart column of the
``License Requirements'' section. A license is required to countries
listed in CC Column 1 (Supplement No. 1 to part 738 of the EAR). Items
affected by this requirement are identified on the CCL under the
following ECCNs: 0A502, 0A504, 0A505.b, 0A977, 0A978, 0A979, 0D977,
0E502, 0E505 (``technology'' for ``development'' or for ``production''
of buckshot shotgun shells controlled under ECCN 0A505.b), 0E977,
1A984, 1A985, 3A980, 3A981, 3D980, 3E980, 4A003 (for fingerprint
computers only), 4A980, 4D001 (for fingerprint computers only), 4D980,
4E001 (for fingerprint computers only), 4E980, 6A002 (for police-model
infrared viewers only), 6E001 (for police-model infrared viewers only),
6E002 (for police-model infrared viewers only), and 9A980.
* * * * *

PART 774--[AMENDED]

0
3. The authority citation for part 774 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824; 50 U.S.C. 4305; 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.

0
4. In Supplement No. 1 to Part 774, Category 0 is amended by adding
ECCN 0A977 between existing ECCNs 0A919 and 0A978 to read as follows:

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

* * * * *
0A977 Water cannon systems for riot or crowd control, and ``parts''
and ``components'' ``specially designed'' therefor.

License Requirements

Reason for Control: CC 1

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

CC applies to entire entry................  CC Column 1.

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

LVS: N/A
GBS: N/A

Special Conditions for STA

STA: License Exception STA may not be used for 0A977.

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN
heading.

    Note: 0A977 water cannon systems include, for example: vehicles
or fixed stations equipped with remotely operated water cannon that
are designed to protect the operator from an outside riot with
features such as armor, shatter resistant windows, metal screens,
bull-bars, or run-flat tires. Components ``specially designed'' for
water

cannons may include, for example: deck gun water nozzles, pumps,
reservoirs, cameras, and lights that are hardened or shielded
against projectiles, elevating masts for those items, and
teleoperation systems for those items.

* * * * *

0
5. In Supplement No. 1 to part 774, Category 0 is amended by adding
ECCN 0D977 between existing ECCNs 0D617 and 0D999 to read as follows:

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

* * * * *
0D977 ``Software'' ``specially designed'' for the ``development,''
``production'' or ``use'' of commodities controlled by 0A977.

License Requirements

Reason for Control: CC1

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

CC applies to entire entry................  CC Column 1.

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

LVS: N/A
GBS: N/A

Special Conditions for STA

STA: License Exception STA may not be used for 0D977.

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN
heading.
* * * * *

0
6. In Supplement No. 1 to part 774, Category 0 is amended by adding
ECCN 0E977 between existing ECCNs 0E617 and 0E982 to read as follows:

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

* * * * *
0E977 ``Technology'' ``required'' for the ``development'' or
``production'' of commodities controlled by 0A977.

License Requirements

Reason for Control: CC1

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

CC applies to entire entry................  CC Column 1.

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

LVS: N/A
GBS: N/A

Special Conditions for STA

STA: License Exception STA may not be used for 0E977.

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN
heading.

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2020-21816 Filed 10-5-20; 8:45 am]
BILLING CODE 3510-33-P