[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Rules and Regulations]
[Pages 45877-45879]
[FR Doc No: 2013-18248]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2013-0002]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Associate Administrator for
Mitigation has resolved any appeals resulting from this notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the

applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

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

Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD)  +
                                                                    Elevation in feet
                                                                    (NAVD)
           Flooding source(s)              Location of referenced     Depth in feet       Communities affected
                                                 elevation             above ground
                                                                    [caret] Elevation
                                                                      in feet (MLLW)
                                                                         Modified
----------------------------------------------------------------------------------------------------------------
                                       City and Borough of Juneau, Alaska
                                             Docket No.: FEMA-B-1182
----------------------------------------------------------------------------------------------------------------
Auke Bay...............................  At Smugglers Cove,                [caret] 25  City and Borough of
                                          approximately 640 feet                        Juneau.
                                          southeast of the
                                          intersection of Fox Farm
                                          Trail and Fritz Cove
                                          Road.
                                         Approximately 550 feet            [caret] 27
                                          northeast of the
                                          intersection of Point
                                          Louisa Road and Glacier
                                          Highway.
                                         At the Auke Bay ferry             [caret] 29
                                          terminal.
Duck Creek.............................  At the downstream side of         [caret] 23  City and Borough of
                                          Radcliffe Road.                               Juneau.
                                         Approximately 350 feet            [caret] 52
                                          upstream of Taku
                                          Boulevard.
East Fork Duck Creek...................  Approximately 150 feet            [caret] 34  City and Borough of
                                          downstream of Nancy                           Juneau
                                          Street.
                                         Approximately 200 feet            [caret] 34
                                          downstream of Trinity
                                          Drive.
Fritz Cove.............................  At the southern end of            [caret] 23  City and Borough of
                                          Mendenhall Peninsula.                         Juneau.
                                         Approximately 870 feet            [caret] 26
                                          south of the
                                          intersection of Fritz
                                          Cove Road and Fox Farm
                                          Trail.
Gastineau Channel, Douglas Island Side.  At the north end of               [caret] 23  City and Borough of
                                          Douglas Island, opposite                      Juneau.
                                          the airport.
                                         At the west end of                [caret] 25
                                          Douglas Island, west of
                                          North Douglas Road.
                                         At the Paris Creek                [caret] 25
                                          confluence.
                                         At the eastern end of             [caret] 29
                                          Juneau Island next to
                                          Douglas Marina.
Gastineau Channel, Juneau Side.........  Approximately 0.3 mile            [caret] 25  City and Borough of
                                          southeast of the                              Juneau.
                                          intersection of
                                          Engineers Cutoff Road
                                          and Mendenhall Peninsula
                                          Road.
                                         Approximately 0.5 mile            [caret] 26
                                          southwest of the
                                          intersection of Point
                                          Lena Loop Road and
                                          Towers Road.
                                         At the end of Thane Road,         [caret] 27
                                          at the Little Sheep
                                          Creek confluence.
                                         Approximately 0.55 mile           [caret] 28
                                          southeast of the
                                          intersection of Mill
                                          Street and Thane Road.
Jordan Creek...........................  Approximately 1,080 feet          [caret] 25  City and Borough of
                                          downstream of Yandukin                        Juneau.
                                          Drive.
                                         Approximately 0.23 mile           [caret] 31
                                          upstream of Egan Drive.
Lemon Creek............................  Approximately 0.27 mile           [caret] 23  City and Borough of
                                          downstream of Glacier                         Juneau.
                                          Highway.
                                         Approximately 1.4 miles          [caret] 106
                                          upstream of Glacier
                                          Highway.
Mendenhall River.......................  Approximately 1.14 miles          [caret] 23  City and Borough of
                                          downstream of Glacier                         Juneau.
                                          Highway.
                                         At the upstream side of           [caret] 56
                                          Mendenhall Loop Road.
Unnamed Tributary to Duck Creek........  At the downstream side of         [caret] 42  City and Borough of
                                          El Camino Street.                             Juneau.
                                         At the upstream side of           [caret] 46
                                          Mendenhall Loop Road.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Lower Low Water.

                                                    ADDRESSES
City and Borough of Juneau
Maps are available for inspection at 155 South Seward Street, Juneau, AK 99801.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: July 12, 2013.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2013-18248 Filed 7-29-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Rules and Regulations]
[Pages 43461-43463]
[FR Doc No: 2020-14092]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0638; FRL-10011-31-Region 4]

Air Plan Approval; North Carolina; Miscellaneous Permit
Provisions Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of North
Carolina, through the North Carolina Department of Environmental
Quality, Division of Air Quality (DAQ), with letters dated September
18, 2009, September 16, 2016, and July 10, 2019. These SIP revisions
amend several of North Carolina's rules regarding construction and
operating permits. This action is being finalized pursuant to the Clean
Air Act (CAA or Act).

DATES: This rule is effective August 17, 2020.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0638. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information 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 either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Evan Adams, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9009. Mr. Adams can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    EPA is approving SIP revisions submitted by DAQ, through letters
dated September 18, 2009, September 16, 2016, and July 10, 2019. North
Carolina's September 18, 2009,1 2 submittal revises rule 15A
North Carolina Administrative Code (NCAC) 02Q .0304, Applications, to
make clarifying and ministerial edits. The September 16,
2016,3 4 submittal revises 15A NCAC 02D .0101, Definitions,
and 15A NCAC 02Q .0101, Required Air Quality Permits; .0103,
Definitions; and .0104, Where to Obtain and File Permit Applications,
to make clarifying and administrative updates. Finally, the July 10,
2019, submittal readopts, and makes clarifying and ministerial edits to
the following: 15A NCAC 02Q .0101, Required Air Quality Permits; .0103,
Definitions; .0104, Where to Obtain and File Permit Applications;
.0105, Copies of Referenced Documents; .0106, Incorporation by
Reference; .0107, Confidential Information; .0108, Delegation of
Authority; .0109, Compliance Schedule for Previously Exempted
Activities; .0110, Retention of Permit at Permitted Facility; and
.0111, Applicability Determinations.\5\
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    \1\ EPA received the submittal on September 22, 2009.
    \2\ EPA received a supplemental submittal of corrected redline/
strikeout changes for 02Q Section .0304 on June 7, 2019. See the
docket for this action.
    \3\ EPA received the submittal on October 4, 2016.
    \4\ EPA notes that Section 02Q .0203, Permit and Application
Fees was submitted as well. However, this Section is not approved
into the SIP, and is not appropriate for the SIP. EPA will therefore
not take action on this Section.
    \5\ On July 10, 2019, EPA received several SIP revisions. EPA is
only acting on the changes to North Carolina's SIP as described in
this notice. EPA will act on the other SIP revisions in separate
rulemakings.
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    EPA published a notice of proposed rulemaking (NPRM) proposing
approval of the aforementioned North Carolina SIP revisions on April
27, 2020. See 85 FR 23272. The details of North Carolina's submissions
and the rationale for EPA's actions are explained in the April 27,
2020, NPRM. Comments were due on May 27, 2020.

II. Response to Comments

    EPA received two comments on the April 27, 2020, NPRM. One comment
was in support of EPA's proposed action, and the other comment was
adverse. A summary of the adverse comment and EPA's response is
provided below.
    Comment: The Commenter asks why EPA needs to approve this SIP
revision and suggests that states should ``take primacy over their
SIPs'' once EPA has initially approved them. The Commenter also states
that EPA should not approve this SIP revision and should allow states
to take control over their programs.
    Response: As explained herein and in the April 27, 2020, NPRM, DAQ
requested this SIP revision, which amends several SIP-approved rules
pertaining to construction and operating permits. Pursuant to CAA
section 110(k)(3), 42 U.S.C. 7410(k)(3), ``EPA shall approve'' a SIP
revision ``if it meets all of the applicable requirements'' of the Act.
Thus, as a matter of law, EPA is required to approve a SIP revision if
it meets the Act's requirements, as these North Carolina SIP revisions
do. To the extent the Commenter is suggesting that EPA take action
beyond this particular SIP revision, such a comment is outside the
scope of this rulemaking.

III. Incorporation by Reference

    In this document, 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 15A NCAC 02D .0101, Definitions, state effective
January 1, 2015; \6\ 15A NCAC 02Q .0101, Required Air Quality Permits;
.0103, Definitions; .0104, Where to Obtain and File Permit
Applications; .0105, Copies of Referenced Documents; .0106,
Incorporation by Reference; .0107, Confidential Information; .0108,
Delegation of Authority; .0109, Compliance Schedule for Previously
Exempted Activities; .0110, Retention of Permit at Permitted Facility;
and .0111, Applicability Determinations, state effective April 1, 2018;
and 15A NCAC 02Q .0304, Applications, state effective January 1, 2009.
These changes are either non-substantive or otherwise necessary to
clarify applicability. EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 4 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 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.\7\
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    \6\ The effective date of the change to 15A NCAC 02D .0101 made
in North Carolina's September 16, 2016 SIP revision is January 1,
2016. However, for purposes of the state-effective date at 40 CFR
52.1770(c), that change to North Carolina's rule is captured and
superseded by North Carolina's update in a March 21, 2018 (state
effective January 1, 2018) SIP revision, which EPA previously
approved on April 10, 2019 (84 FR 14308).
    \7\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving 15A NCAC 02D .0101, Definitions, submitted
September 16, 2016; 15A NCAC 02Q .0101, Required Air Quality Permits;
.0103, Definitions; .0104, Where to Obtain and File Permit
Applications; .0105, Copies of Referenced Documents; .0106,
Incorporation by Reference; .0107, Confidential Information; .0108,
Delegation of Authority; .0109, Compliance Schedule for Previously
Exempted Activities; .0110, Retention of Permit at Permitted Facility;
and .0111, Applicability Determinations, submitted July 10, 2019; and
15A NCAC 02Q .0304, Applications, submitted September 18, 2009. EPA is
finalizing the changes above to North Carolina's SIP submitted on
September 18, 2009, September 16, 2016, and July 10, 2019.

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 Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices, if
they meet the criteria of the CAA. 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).
    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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    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. These actions are 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 September 15, 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. These actions 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, Intergovernmental relations, Reporting and recordkeeping
requirements.

    Dated: June 24, 2020.
Mary Walker,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52
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.

Subpart II--North Carolina

0
2. In Sec.  52.1770 amend Table 1 to paragraph (c) by:

0
a. Under ``Subchapter 2D Air Pollution Control Requirements'' revising
the entry for ``Section .0101''; and
0
b. Under Subchapter 2Q Air Quality Permit Procedures by revising the
entries for ``Section .0101'', ``Section .0103'', ``Section .0104'',
``Section .0105'', ``Section .0106'', ``Section .0107'', ``Section
.0108'', ``Section .0109'', ``Section .0110'', ``Section .0111'', and
``Section .0304''.
    The revisions read as follows.

Sec.  52.1770  Identification of plan.

* * * * *
    (c) * * *

                                   (1) EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
       State citation            Title/subject     effective date    EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------
                                Subchapter 2D Air Pollution Control Requirements
                                    Section .0100 Definitions and References
----------------------------------------------------------------------------------------------------------------
Section .0101..............  Definitions.........        1/1/2018  7/17/2020, [Insert
                                                                    citation of
                                                                    publication].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Subchapter 2Q Air Quality Permits
                                        Section .0100 General Provisions
----------------------------------------------------------------------------------------------------------------
Section .0101..............  Required Air Quality        4/1/2018  7/17/2020, [Insert
                              Permits.                              citation of
                                                                    publication].

                                                  * * * * * * *
Section .0103..............  Definitions.........        4/1/2018  7/17/2020, [Insert
                                                                    citation of
                                                                    publication].
Section .0104..............  Where to Obtain and         4/1/2018  7/17/2020, [Insert
                              File Permit                           citation of
                              Applications.                         publication].
Section .0105..............  Copies of Referenced        4/1/2018  7/17/2020, [Insert
                              Documents.                            citation of
                                                                    publication].
Section .0106..............  Incorporation by            4/1/2018  7/17/2020, [Insert
                              Reference.                            citation of
                                                                    publication].
Section .0107..............  Confidential                4/1/2018  7/17/2020, [Insert
                              Information.                          citation of
                                                                    publication].
Section .0108..............  Delegation of               4/1/2018  7/17/2020, [Insert
                              Authority.                            citation of
                                                                    publication].
Section .0109..............  Compliance Schedule         4/1/2018  7/17/2020, [Insert
                              for Previously                        citation of
                              Exempted Activities.                  publication].
Section .0110..............  Retention of Permit         4/1/2018  7/17/2020, [Insert
                              at Permitted                          citation of
                              Facility.                             publication].
Section .0111..............  Applicability               4/1/2018  7/17/2020, [Insert
                              Determinations.                       citation of
                                                                    publication].

                                                  * * * * * * *
Section .0304..............  Applications........        1/1/2009  7/17/2020, [Insert
                                                                    citation of
                                                                    publication].

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

* * * * *
[FR Doc. 2020-14092 Filed 7-16-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 31, 2007 (Volume 72, Number 249)]
[Notices]
[Page 74282-74283]
[DOCID:fr31de07-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2206-030--North Carolina Yadkin-Pee Dee River
Hydroelectric Project]

Alcoa Power Generating, Inc.; Notice of Proposed Restricted
Service List for a Programmatic Agreement For Managing Properties
Included in or Eligible for Inclusion in The National Register of
Historic Places

December 20, 2007.
    Rule 2010 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure provides that, to
eliminate unnecessary expense or improve administrative efficiency, the
Secretary may establish a restricted service list for a particular
phase or issue in a proceeding.\1\ The restricted service list should
contain the names of persons on the service list who, in the judgment
of the decisional authority establishing the list, are active
participants with respect to the phase or issue in the proceeding for
which the list is established.
---------------------------------------------------------------------------

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

    The Commission staff is consulting with the North Carolina State
Historic Preservation Officer (hereinafter, SHPO) and the Advisory
Council on Historic Preservation (hereinafter, Council) pursuant to the
Council's regulations, 36 CFR part 800, implementing section 106 of the
National Historic Preservation Act, as amended, (16 U.S.C. 470 f), to
prepare and execute a programmatic agreement for managing properties
included in, or eligible for inclusion in, the National Register of
Historic Places at the Yadkin-Pee Dee River Project No. 2206-030 (SHPO
Reference Number ER 01-8094).
    The programmatic agreement, when executed by the Commission and the
SHPO would satisfy the Commission's section 106 responsibilities for
all individual undertakings carried out in accordance with the license
until the license expires or is terminated (36 CFR 800.13[e]). The
Commission's responsibilities pursuant to section 106 for the Yadkin-
Pee Dee Project would be fulfilled through the programmatic agreement,
which the Commission proposes to draft in consultation with certain
parties listed below. The executed programmatic agreement would be
incorporated into any Order issuing a license.
    Progress Energy Carolinas, Inc., as licensee for Yadkin-Pee River
Project No. 2206, and the Catawba Indian Nation have expressed an
interest in

this proceeding and are invited to participate in consultations to
develop the programmatic agreement.
    For purposes of commenting on the programmatic agreement, we
propose to restrict the service list for the aforementioned project as
follows:

Don Klima or Representative, Advisory Council on Historic Preservation,
The Old Post Office Building, Suite 803, 1100 Pennsylvania Avenue, NW.,
Washington, DC 20004
Larry T. Mann, Manager or Representative, Carolina Power & Light
Company d/b/a Progress Energy Carolinas, Inc., PO Box 1551, Raleigh, NC
27602-1551
Tim Bachelder, Devine Tarbell & Associates, 970 Baxter Boulevard,
Portland, ME 04103
Renee Gledhill-Earley, North Carolina Department of Cultural Resources,
4617 Mail Service Center, Raleigh, NC 27699-4617
Dr. Wenonah G. Haire or Representative, CIN THPO, 1536 Tom Stevens Rd,
Rock Hill, SC 29730

    Any person on the official service list for the above-captioned
proceeding may request inclusion on the restricted service list, or may
request that a restricted service list not be established, by filing a
motion to that effect within 15 days of this notice date. In a request
for inclusion, please identify the reason(s) why there is an interest
to be included. Also please identify any concerns about historic
properties, including Traditional Cultural Properties. If historic
properties are to be identified within the motion, please use a
separate page, and label it NON-PUBLIC Information.
    An original and 8 copies of any such motion must be filed with
Kimberly D. Bose, the Secretary of the Commission (888 First Street,
NE., Washington, DC 20426) and must be served on each person whose name
appears on the official service list. Please put the project name
``Yadkin-Pee River Project'' and number ``P-2206-030'' on the front
cover of any motion. Motions may be filed electronically via the
Internet in lieu of paper. The Commission strongly encourages
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's Web site (http://www.ferc.gov) under the ``e-

Filing'' link.
    If no such motions are filed, the restricted service list will be
effective at the end of the 15 day period. Otherwise, a further notice
will be issued ruling on any motion or motions filed within the 15 day
period.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-25323 Filed 12-28-07; 8:45 am]

BILLING CODE 6717-01-P