[Federal Register Volume 79, Number 98 (Wednesday, May 21, 2014)]
[Rules and Regulations]
[Pages 29075-29077]
[FR Doc No: 2014-11767]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 35, 154, 341, and 385

[Docket No. RM01-5-001; Order No. 714-A]

Electronic Tariff Filings

AGENCY: Federal Energy Regulatory Commission, Energy.

ACTION: Final rule.

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

SUMMARY: The Commission is clarifying its regulations to make explicit
that, consistent with Order No. 714 and its subsequent orders,
statutory tariff and rate filings must be made electronically,
according to the Commission's posted requirements for eTariff filings.
Filings not made in proper electronic format will not become effective
under the applicable statutes if the Commission fails to act by the
proposed effective dates in the applicants' pleadings.

DATES: This rule will become effective June 20, 2014.

FOR FURTHER INFORMATION CONTACT:

Michael Goldenberg (Legal Information), Office of the General Counsel,
888 First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>(Legal Issues).
H. Keith Pierce (Technical Information), Office of Energy Market
Regulation, 888 First Street NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

147 FERC ] 61,115
Before Commissioners: Cheryl A. LaFleur, Acting Chairman; Philip D.
Moeller, John R. Norris, and Tony Clark.

Final Rule

Issued May 15, 2014

    1. By this instant Final Rule, the Commission is clarifying its
regulations \1\ to make explicit that, in order for filings to have a
statutory action date, the filings must be made electronically as
tariff filings in accordance with the Commission's posted requirements
and formats (commonly known as ``eTariff''). Filings not made in proper
format consistent with the Commission's eTariff requirements will not
become effective by operation of law under the statutes administered by
the Commission, if the Commission fails to act on the filings within
the timeframes in the statutes.\2\ These revisions clarify the
regulations so they reflect the Commission's Order No. 714,\3\ adopting
regulations requiring electronic filing of tariffs and tariff-related
materials.
---------------------------------------------------------------------------

    \1\ 18 CFR 35.7, 154.4, 341.1, and 385.205.
    \2\ These statutes include the Natural Gas Act (NGA), the
Federal Power Act (FPA), and the Interstate Commerce Act (ICA).
    \3\ Electronic Tariff Filings, Order No. 714, 73 FR 57515 (Oct.
3, 2008), FERC Stats. & Regs., Regulations Preambles 2008-2013 ]
31,276 (2008).
---------------------------------------------------------------------------

I. Discussion

    2. Section 4 of the Natural Gas Act (NGA),\4\ section 205 of the
Federal Power Act (FPA),\5\ and section 6 of the Interstate Commerce
Act (ICA) \6\ provide that no change shall be made in rates, charges,
classifications, or services except after prior notice provided to the
Commission. The statutes further provide that if the Commission fails
to act on such a filing within the statutorily prescribed notice
period, the changes in the filing will become effective by operation of
law.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 717c.
    \5\ 16 U.S.C. 824d.
    \6\ 49 App. U.S.C. 6 (1988).
---------------------------------------------------------------------------

    3. These statutory provisions (section 4(c) of the NGA, section
205(c) of the FPA and section 6(6) of the ICA) also provide that
filings to revise rates, terms and conditions of service must be filed
in the form the Commission designates. In Order No. 714, the Commission
adopted regulations \7\ governing the filing of such changes to rates,
terms and conditions of service and of other materials related to such
changes,\8\ for natural gas pipelines, public utilities, and oil
pipelines governed by these statutes. These regulations require that
all tariff and tariff-related filings must be made electronically
according to the requirements and formats for such electronic filing
listed in the instructions for such electronic filing.\9\ The
Commission stated that the formats and data elements in these
requirements ``are required to properly identify the nature of the
tariff filing. . . .'' \10\ In a subsequent order, the Commission
further amplified the procedures for identifying whether tariff filings
are statutory, explaining that only eTariff filings using the proper
filing codes would establish the applicable filing and notice
requirements under the NGA, FPA, and ICA.\11\ In this regard, the
Commission stated that the filer's choice of electronic filing codes
determines whether a filing has a statutory action date, and not
statements in transmittal letters or other documents.\12\
---------------------------------------------------------------------------

    \7\ 18 CFR 35.7, 154.4, 157.217, 284.123, 284.224, 300.10,
341.1.
    \8\ Order No. 714 used the term ``tariff'' to refer to tariffs,
rates schedules, jurisdictional contracts, and other jurisdictional
agreements that are required to be on file with the Commission. See
Order No. 714, FERC Stats. & Regs. ] 31,276 at P 13 n.11.
    \9\ The Commission indicated that grandfathered agreements did
not need to be refiled as part of the initial baseline filing to
place jurisdictional agreements in eTariff. Order No. 714, FERC
Stats. & Regs., Regulations Preambles 2008-2013 ] 31,276, at P 92
(2008). Such agreements, therefore, may be cancelled under section
35.17 of the regulations without the submission of an eTariff
statutory filing.
    \10\ Id. P 23.
    \11\ Electronic Tariff Filings, 130 FERC ] 61,047 (2010).
    \12\ Id. P 4.
---------------------------------------------------------------------------

    4. Despite the passage of three years since the implementation of
electronic tariff filing, many filers still are incorrectly filing what
purport to be statutory filings, either by not making the filings
through eTariff or by not using the proper filing codes for statutory
filings.\13\ We are therefore revising sections 35.7, 154.4, and 341.1
of the Commission's regulations to reflect the Commission's required

procedures and practices to better ensure accurate filing. The
regulations now will provide explicitly that only tariff filings
properly filed as and designated as statutory filings according to the
Commission's eTariff requirements will be considered to have statutory
action dates, and that tariff filings not properly filed and designated
as statutory filings will not become effective in the absence of
Commission action. We also are similarly amending section 385.205 to
provide explicitly that a tariff filing must be made electronically,
according to the requirements and formats for electronic filing posted
by the Secretary.\14\
---------------------------------------------------------------------------

    \13\ As the Commission indicated in Electronic Tariff Filings,
Commission staff would endeavor to call (and, in fact, have
frequently called) filers to identify filings with transmittal
letters that purport to be making statutory filings but that were
not properly filed electronically as statutory filings. Id. P 5.
    \14\ As we provided in Order No. 714, the Secretary of the
Commission has delegated authority to make revisions to these
instructions, including ``type of filing'' codes. 18 CFR 375.302(z).
These instructions are available at http://www.ferc.gov/docs-filing/etariff.asp.
---------------------------------------------------------------------------

    5. To help filers verify the nature of their filing, the Commission
enables filers to verify whether their electronic filings match their
intent. Filers making electronic tariff filings are notified of the
``type of filing'' code used in the responsive emails by the Secretary
to their electronic filing, and the Commission's eLibrary filing
description includes the ``type of filing'' code.\15\
---------------------------------------------------------------------------

    \15\ Federal Energy Regulatory Commission, eTariff, eTariff
Email Templates, (http://www.ferc.gov/docs-filing/etariff.asp),
http://www.ferc.gov/docs-filing/etariff/etariff-temp.pdf.
    The statutory filing codes are listed in the ``Type of Filing''
Rules Table posted on the Commission's eTariff Web site, http://www.ferc.gov/docs-filing/etariff/types-filing-rules-table.pdf
(Statutory Filings are those denominated under the heading ``Filing
Category'' as ``Normal'', ``Cancellation'', and ``Baseline New'').
---------------------------------------------------------------------------

II. Information Collection Statement

    6. Office of Management and Budget (OMB) regulations require OMB to
approve certain information collection requirements imposed by agency
rule.\16\ However, this instant Final Rule does not contain or modify
any information collection requirements.
---------------------------------------------------------------------------

    \16\ 5 CFR 1320.12.
---------------------------------------------------------------------------

III. Environmental Analysis

    7. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\17\ Part
380 of the Commission's regulations lists exemptions to the requirement
to draft an Environmental Analysis or Environmental Impact Statement,
and this rulemaking qualifies under the exemption for procedural,
ministerial or internal administrative actions.\18\
---------------------------------------------------------------------------

    \17\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs. ] 30,783 (1987).
    \18\ 18 CFR 380.4(a)(1).
---------------------------------------------------------------------------

IV. Regulatory Flexibility Act

    8. The Regulatory Flexibility Act of 1980 (RFA) \19\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
This instant Final Rule concerns agency procedures. The Commission
certifies that it will not have a significant economic impact upon
participants in Commission proceedings. An analysis under the RFA is
thus not required.
---------------------------------------------------------------------------

    \19\ 5 U.S.C. 601-12.
---------------------------------------------------------------------------

V. Document Availability

    9. 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) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
    10. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
    11. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from FERC Online Support at 202-
502-6652 (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
VI. Effective Date and Congressional Notification

    12. The Commission is issuing this rule as an instant Final Rule
without a period for public comment. Under 5 U.S.C. 553(b), notice and
comment procedures are unnecessary where a rulemaking concerns only
agency procedure or practice, or where the agency finds that notice and
comment is unnecessary. This rule concerns only matters of agency
procedure, and will not significantly affect regulated entities or the
general public.

List of Subjects

18 CFR Part 35

    Electric power rates, Electric utilities, Reporting and
recordkeeping requirements, Electricity.

18 CFR Part 154

    Natural gas, Pipelines, Reporting and recordkeeping requirements,
Natural gas companies, Rate schedules and tariffs.

18 CFR Part 341

    Maritime carriers, Pipelines, Reporting and recordkeeping
requirements.

18 CFR Part 385

    Administrative practice and procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping requirements.

    By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    In consideration of the foregoing, the Commission amends parts 35,
154, 341, and 385, Chapter I, Title 18, Code of Federal Regulations, as
follows:

PART 35--FILING OF RATE SCHEDULES AND TARIFFS

0
1. The authority citation for part 35 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.

0
2. Section 35.7 is amended by revising the section heading, and adding
paragraph (d) to read as follows:

Sec.  35.7  Electronic filing of tariffs and related materials.

* * * * *
    (d) Only filings filed and designated as filings with statutory
action dates in accordance with these electronic filing requirements
and formats will be considered to have statutory action dates. Filings
not properly filed and designated as having statutory action dates will
not become effective, pursuant to the Federal Power Act, should the
Commission not act by the requested action date.

PART 154--RATE SCHEDULES AND TARIFFS

0
3. The authority citation for part 154 continues to read as follows:

    Authority: 15 U.S.C. 717-717w; 31 U.S.C. 9701; 42 U.S.C. 7102-
7352.

0
4. Section 154.4 is amended by adding paragraph (d) to read as follows:

Sec.  154.4  Electronic filing of tariffs and related materials.

* * * * *

    (d) Only filings filed and designated as filings with statutory
action dates in accordance with these electronic filing requirements
and formats will be considered to have statutory action dates. Filings
not properly filed and designated as having statutory action dates will
not become effective, pursuant to the Natural Gas Act, should the
Commission not act by the requested action date.

PART 341--OIL PIPELINE TARIFFS: OIL PIPELINE COMPANIES SUBJECT TO
SECTION 6 OF THE INTERSTATE COMMERCE ACT

0
5. The authority citation for part 341 continues to read as follows:

    Authority: 42 U.S.C. 7101-7352; 49 U.S.C. 1-27.

0
6. Section 341.1 is amended by adding paragraph (d) to read as follows:

Sec.  341.1  Electronic filing of tariffs and related materials.

* * * * *
    (d) Only filings filed and designated as filings with statutory
action dates in accordance with these electronic filing requirements
and formats will be considered to have statutory action dates. Filings
not properly filed and designated as having statutory action dates will
not become effective, pursuant to the Interstate Commerce Act, should
the Commission not act by the requested action date.

PART 385--RULES OF PRACTICE AND PROCEDURE

0
7. The authority citation for part 385 continues to read as follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701;
42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988).

0
8. Section 385.205 is revised to read as follows:

Sec.  385.205  Tariff or rate filings (Rule 205).

    (a) A person must make a tariff or rate filing in order to
establish or change any specific rate, rate schedule, tariff, tariff
schedule, fare, charge, or term or condition of service, or any
classification, contract, practice, or any related regulation
established by and for the applicant.
    (b) A tariff or rate filing must be made electronically in
accordance with the requirements and formats for electronic filing
listed in the instructions for electronic filings. A tariff or rate
filing not made in accordance with these requirements and formats will
not have a statutory action date and will not become effective should
the Commission not act by the requested action date.

[FR Doc. 2014-11767 Filed 5-20-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 20, 2008 (Volume 73, Number 162)]
[Notices]
[Page 49237-49238]
[DOCID:fr20au08-116]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0009; Notice 2]

Bridgestone Firestone North American Tire, LLC, Denial of
Petition for Decision of Inconsequential Noncompliance

    Bridgestone Firestone North American Tire, LLC (BFNT) determined
that certain tires that it manufactured in September and October of
2007, failed to comply with the labeling requirements of paragraph
S5.5.1(a) of 49 CFR 571.139, Federal Motor Vehicle Safety Standard
(FMVSS) No. 139 New Pneumatic Radial Tires for Light Vehicles. FMVSS
No. 139 requires that radial tires manufactured before September 1,
2009 for use on motor vehicles that have a gross vehicle weight (GVWR)
rating of 10,000 pounds or less must be labeled with the Tire
Identification Number (TIN) on one side of the tire and a full TIN or
partial TIN on the opposite side. Pursuant to 49 CFR part 573, BFNT
filed a noncompliance report with the National Highway Traffic Safety
Administration (NHTSA) notifying NHTSA of the noncompliance.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), and 49 CFR part 556,
on November 30, 2007, BFNT submitted a petition for an exemption from
the notification and remedy requirements of 49 U.S.C. 30118 and 30120
on the basis that this noncompliance is inconsequential to motor
vehicle safety. NHTSA published notice of receipt of the petition, with
a 30-day public comment period, on January 29, 2008, in the Federal
Register. 73 FR 5261. In response to the petition, NHTSA did not
receive any comments. To view the petition and all supporting
documents, log onto the Federal Docket Management System (FDMS) Web
site at: http://www.regulations.gov/. Then follow the online search
instructions to locate docket number ``NHTSA-2008-0009.''
    For further information on this decision, contact Mr. George
Gillespie, Office of Vehicle Safety Compliance, NHTSA, telephone (202)
366-5299, facsimile<PHONE_NUMBER>.

Summary of BFNT's Petition

    On November 30, 2007, BFNT petitioned NHTSA for a determination
that a noncompliance with approximately 3,963 Bridgestone brand P235/
60R17, Dueler H/T 684 II tires, produced in the Aiken plant during the
DOT weeks 38, 39, 40, 41, and 42 in 2007 is inconsequential to motor
vehicle safety. See 73 FR 5261. Paragraph S5.5.1(a) of FMVSS No. 139
requires that radial tires manufactured before September 1, 2009 for
motor vehicles less than 10,000 GVWR be permanently labeled with (1) a
full TIN required by 49 CFR part 574 on one sidewall of the tire, and
(2) except for retreaded tires, either the full or a partial TIN
containing all characters in the TIN, except for the date code, and at
the discretion of the manufacturer, any optional code, must be labeled
on the other sidewall of the tire.\1\
---------------------------------------------------------------------------

    \1\ Tires manufactured after September 1, 2009 must be labeled
with the TIN on the intended outboard sidewall of a tire and either
the TIN or partial TIN on the other sidewall. 49 CFR 571.139
S5.5.1(b). If a tire manufactured after September 1, 2009 does not
have an intended outboard sidewall, one sidewall must be labeled
with the TIN and the other sidewall must have either a TIN or
partial TIN. Id.
---------------------------------------------------------------------------

    In its petition, BFNT stated that the 3,963 P235/60R17 size
Bridgestone Dueler H/T 684 II tires, produced at its Aiken plant (DOT
serial code is 7XOUBD43807 through 7XOUBD44207) were mismarked. BFNT
reported that

1,862 of the noncompliant tires are within its control and already
remedied, and 2,101 remain in the replacement market in the U.S.
    BFNT described the noncompliance as a failure to mark the tires
with a complete or partial TIN on the sidewall opposite the sidewall
with the full TIN. Thus, BFNT describes the noncompliance as follows:

    Actual stamping is BLANK. (on one sidewall). Correct stamping
should be: 7XOUBD4 (on that sidewall).
    BFNT argued that the noncompliant tires meet or exceed all
performance requirements of FMVSS No. 139, and, that the labeling
noncompliance will have no impact on the operational performance or
safety of vehicles on which these tires are mounted.
    BFNT further claimed that the TIN only becomes important in the
event of a safety recall campaign so that the consumer may properly
identify the recalled tire(s). The noncompliant tires here are marked
in a manner that is sufficient for notice to consumers and compliant
with tire labeling requirements prior to the adoption of the new tire
marking requirements in 2002. BFNT contends, therefore, that for this
noncompliance, any safety recall campaign communication, if necessary,
could include in the listing of recalled TINs with a direction to the
consumer to read both sidewalls of each tire on the vehicle for the
TINs or partial TINs so that the consumer would know that these
noncompliant tires are included in any future recall.
    BFNT requested that NHTSA consider its petition and grant an
exemption from the notification and remedy requirements of 49 U.S.C.
30118 and 30120 on the basis that the noncompliance described above is
inconsequential as it relates to motor vehicle safety.

NHTSA's Decision

    NHTSA does not agree that BFNT's noncompliance with FMVSS No. 139
is inconsequential to motor vehicle safety. As discussed below, the
tire markings required by paragraph S5.5.1(a) of FMVSS No. 139 provide
valuable information to assist consumers in determining if their tires
are the subject of a safety recall.
    The Firestone tire recalls in 2000 highlighted the difficulty that
consumers experienced when attempting to determine whether a tire is
subject to a recall if the tire is mounted so that the sidewall bearing
the TIN faces inward, i.e., underneath the vehicle. After a series of
congressional hearings about the safety of and experiences regarding
the Firestone tires involved in those recalls, Congress passed and the
president signed into law the Transportation Recall Enhancement,
Accountability, and Documentation (TREAD) Act on November 1, 2000. Pub.
L. 106-414, 114 Stat. 1800.
    One matter addressed by the TREAD Act was tire labeling. Section 11
of the TREAD Act required a rulemaking to improve the labeling of tires
to assist consumers in identifying tires that may be the subject of a
recall.
    In response to the TREAD Act's mandate, NHTSA published a final
rule that, among other things, required that the TIN be placed on a
sidewall of the tire and a full or partial TIN be placed on the other
sidewall. See 67 FR 69600, 69628 (November 18, 2002), as amended 69 FR
31306 (June 3, 2004). In the preamble to the 2002 final rule, the
agency identified the safety problem which prompted the issuance of the
rule. 67 FR at 69602, 69606 and 69610. The agency explained that when
tires are mounted so that the TIN appears on the inward facing
sidewalls, motorists have three difficult and inconvenient options for
locating and recording the TINs. Consumers must either: (1) Slide under
the vehicle with a flashlight, pencil and paper and search the inside
sidewalls for the TINs; (2) remove each tire, find and record the TIN,
and then replace the tire; or (3) enlist the aid of a garage or service
station that can perform option 1 or place the vehicle on a vehicle
lift so that the TINs can be found and recorded. Without any TIN
information on the outside sidewalls of tires, the difficulty and
inconvenience of obtaining the TIN by consumers results in the
reduction of the number of people who respond to a tire recall campaign
and a number of motorists who unknowingly continue to drive vehicles
with potentially unsafe tires.
    BFNT suggests that a recall of these tires could include an
instruction to check the inboard sidewall if the TIN is not found on
the outboard sidewall. This approach is inadequate. The noncompliance
here is the exact problem that plagued millions of Firestone tire
owners in 2000 and one that Congress mandated that NHTSA address. When
the TIN is placed on one sidewall of a tire and that sidewall is
mounted on the inboard side of a wheel, it is very difficult and
inconvenient for the consumer to locate and record the TIN. In such
situations, consumers who attempt to determine if a tire is within the
scope of a recall may not be able to read the inboard sidewall without
taking one of the three inconvenient steps discussed above. The
difficulty and inconvenience that locating a TIN under these
circumstances poses serious impediments to the successful recall of the
noncompliant tire, which may result in motorists continuing to drive
their vehicles with potentially unsafe tires.
    While NHTSA has determined in the past that in some instances TIN
marking omissions were inconsequential to motor vehicle safety, those
determinations occurred prior to the adoption of FMVSS No. 139 pursuant
to the TREAD Act. Following the enactment of the TREAD Act, NHTSA found
that there is a safety need for a full TIN on one sidewall and a full
or partial TIN on the other sidewall. As previously discussed, FMVSS
No. 139 now requires TIN markings on both sidewalls of a tire so that
consumers can readily determine if a tire is subject to a safety
recall. Accordingly, the omission of a TIN or partial TIN on either
sidewall is now considered to be a serious safety problem.
    In consideration of the foregoing, NHTSA has decided that the
petitioner has not met its burden of persuasion that the noncompliance
described is inconsequential to motor vehicle safety. Accordingly,
BFNT's petition is hereby denied, and the petitioner must notify
owners, purchasers and dealers pursuant to 49 U.S.C. 30118 and provide
a remedy in accordance with 49 U.S.C. 30120.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8)

    Issued on: August 14, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E8-19324 Filed 8-19-08; 8:45 am]

BILLING CODE 4910-59-P


11833 Federal Register / Vol. 68, No. 48 / Wednesday, March 12, 2003 / Notices Docket# CP03   25, 000, Transcontinental Gas Pipe Line Corporation Magalie R. Salas,

Secretary. [ FR Doc. 03   5968 Filed 3   7   03; 4: 38 pm]

BILLING CODE 6717   01   P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Meeting, Notice of Vote, Explanation of Action Closing Meeting and List of Persons To Attend March 6, 2003.

The following notice of meeting is published pursuant to Section 3( a) of the Government in the Sunshine Act ( Pub. L. No. 94   409), 5 U. S. C. 552b:

AGENCY: Federal Energy Regulatory Commission.

DATES: March 13, 2003, 9: 30 a. m.

PLACE: Hearing Room 6, 888 First Street, NE., Washington, DC 20426.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Non public investigations and inquiries and enforcement related matters.

FOR FURTHER INFORMATION CONTACT: Magalie R. Salas, Secretary, Telephone ( 202) 502   8400. Chairman Wood and Commissioners Massey and Brownell voted to hold a closed meeting on March 13, 2003. The certification of the General Counsel explaining the action closing the meeting is available for public inspection in the Commission's Public Reference Room at 888 First Street, NE., Washington, DC 20426. The Chairman and the Commissioners, their assistants, the Commission's Secretary and her assistant, the General Counsel and members of her staff, and a stenographer are expected to attend the meeting. Other staff members from the Commission's program offices who will advise the Commissioners in the matters discussed will also be present.

Magalie R. Salas,

Secretary. [ FR Doc. 03   5969 Filed 3   7   03; 4: 38 pm]

BILLING CODE 6717   01   P ENVIRONMENTAL PROTECTION AGENCY [ FRL   7463   7]

Agency Information Collection Activities OMB Responses AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This document announces the Office of Management and Budget's ( OMB) responses to Agency clearance requests, in compliance with the Paperwork Reduction Act ( 44 U. S. C. 3501 et seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

FOR FURTHER INFORMATION CONTACT: Susan Auby ( 202) 566   1672, or e mail at auby. susan@ epa. gov. and please refer to the appropriate EPA Information Collection Request ( ICR) Number.

SUPPLEMENTARY INFORMATION:

OMB Responses to Agency Clearance Requests OMB Approvals EPA ICR No. 1897.04; Information Requirements for Marine Diesel Engines ( Nonroad Large SI Engines and Marine Diesel Engines) ( Amendments) ( Final Rule) in 40 CFR part 94 and part 1048; was approved 01/ 31/ 2003; OMB No. 2060   0460; expires 10/ 31/ 2004. EPA ICR No. 0616.09; Foreign Purchases Acknowledgment Statement of Unregistered Pesticides in 40 CFR part 1688; was approved 01/ 14/ 2003; OMB No. 2070   0027; expires 01/ 31/ 2006. EPA ICR No. 0595.08; Notice of Pesticide Registration by States to Meet a Special Local Need ( SLN) Under FIFRA section 24( c) in 40 CFR part 162; was approved 01/ 16/ 2003; OMB No. 2070   0055; expires 01/ 31/ 2006. EPA ICR No. 0261.14; Notification of Regulated Waste Activity in 40 CFR parts 262.12, 263.11, 264.11, 265.11; 40 CFR 266.21, 266.22, 266.23; 266.70( b), 261.4( a)( 20)( iii)( B), 273.54, 273.60, 40 CFR 279.42, 279.51, 279.62, 279.73; 40 CFR 266.80, 266.100, 266.101, 266.102, 266.103, 266.108, 270.1( b) was approved 01/ 17/ 2003; OMB No. 2050   0028; expires 01/ 31/ 2006. EPA ICR No. 2094.01; Survey of Air Quality Issues After September 11, 2001; was approved 01/ 22/ 2003; OMB No. 2020   0027; expires 05/ 31/ 2003. EPA ICR No. 0152.07; Notice of Arrival of Pesticides and Devices ( FIFRA) in 19 CFR 12.112; was approved 01/ 23/ 2003; OMB No. 2020   0020; expires 01/ 31/ 2006. EPA ICR No. 0575.09; Health and Safety Data Reporting; Submission of Lists and Copies of Health and Safety Studies; in 40 CFR part 716; was approved 02/ 10/ 2003; OMB No. 2070   0004; expires 02/ 28/ 2006. EPA ICR No. 1395.05; Emergency Planning and Release Notification Requirements under Emergency Planning and Community Right to Know Act sections 302, 303 and 304 was approved 02/ 13/ 2003; OMB No. 2050   0092; expires 02/ 28/ 2006. EPA ICR No. 1571.07; General Hazardous Waste Facility Standards in 40 CFR 264.12   13; 264.15   17; 264.73   74; 264.37; 264.51   56; 264.96   97; 264.112   113; 264.115   120; 40 CFR 265.12   13; 265.15; 265.16; 265.19; 265.73   74; 265.51   56; 265.112   113; 265.115   120; 40 CFR parts 264 and 265, subpart H; 270.30; was approved 02/ 13/ 2003; OMB No. 2050   0120; expires 02/ 28/ 2006.

Short Term Extensions EPA ICR No. 0234.07; Performance Evaluation Studies on Water and Wastewater Laboratories; OMB No. 2080   0021; on 01/ 29/ 2003 OMB extended the expiration date through 02/ 28/ 2003. EPA ICR No. 0597.07; Tolerance Petitions for Pesticides on Food/ Feed Crops and New Inert Ingredients; OMB No. 2070   0024; on 01/ 31/ 2003 OMB extended the expiration date though 04/ 30/ 2003.

Dated: February 20, 2003. Oscar Morales, Director, Collection Strategies Division. [ FR Doc. 03   5744 Filed 3   11   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OPPT   2002   0022; FRL   7292   9]

Access to Confidential Business Information by Centerscope Technologies and Titan Systems Corporation AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: The purpose of this notice is to inform the public of several corporate mergers/ acquisitions involving contractors cleared for Toxic Substances Control Act Confidential Business Information ( CBI) access.

VerDate Jan< 31> 2003 15: 39 Mar 11, 2003 Jkt 200001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 12MRN1. SGM 12MRN1 RECEIVED OPPT NCIC 2003 MAR12 7: 08AM OPPT 2002 0022 0001 11834 Federal Register / Vol. 68, No. 48 / Wednesday, March 12, 2003 / Notices FOR FURTHER INFORMATION CONTACT: Barbara A. Cunningham, Acting Director, Environmental Assistance Division ( 7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: ( 202) 554   1404; email address: TSCA Hotline@ epa. gov. SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Notice Apply to Me?

This action is directed to the public in general. This action may, however, be of interest to those persons who are or may be required to conduct testing of chemical substances under the Toxic Substances Control Act ( TSCA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPPT   2002   0022. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include CBI or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center, Rm. B102 Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is ( 202) 566   1744 and the telephone number for the OPPT Docket, which is located in EPA Docket Center, is ( 202) 566   0280. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

II. What Action is the Agency Taking?

Under contract number 68   W   98   232, Centerscope Technologies, of 8601 Georgia Avenue, Suite 700, Silver Spring, MD, will assist the Office of Pollution Prevention and Toxics ( OPPT) in processing 12( b) export notices submitted under sections 4, 5, 6, 7, and 12 of TSCA CBI and to issue notification letters to foreign governments. Under contract number 68   W   98   045, TSC, of 3033 Science Park Road, San Diego, CA is assisting the OPPT in conducting a system analysis and provide data base maintenance support to the Confidential Business Information Center ( CBIC) document tracking system. In accordance with 40 CFR 2.306( j), EPA has determined that under EPA contract number 68   W   98   232, Centerscope Technologies requires access to CBI submitted to EPA under sections 4, 5, 6, 7, and 12 of TSCA, to perform successfully the duties specified under the contract. Also, in accordance with 40 CFR 2.306( j), EPA has determined that under EPA contract number 68   W   98   045, TSC requires access to CBI submitted to EPA under all sections of TSCA, to perform successfully the duties specified under the contract. Centerscope Technologies personnel have been given access to information submitted to EPA under sections 4, 5, 6, 7, and 12 of TSCA. Some of the information may be claimed or determined to be CBI. TSC personnel were given access to information submitted to EPA under all sections of TSCA. Some of the information has been claimed or determined to be CBI. EPA is issuing this notice to inform all submitters of information under sections 4, 5, 6, 7, and 12 of TSCA, that the Agency is providing Centerscope Technologies access to these CBI materials on a need to know basis only. EPA is also issuing a notice to inform all submitters of information under all sections of TSCA, that the Agency provides TSC with access to these CBI materials on a need to know basis only. All access to TSCA CBI under these contracts is taking place at EPA Headquarters. Centerscope Technologies and TSC are required to adhere to all provisions of the EPA's TSCA Confidential Business Information Security Manual. Clearance for Centerscope Technologies and TSC to have access to TSCA CBI under these contracts may continue until March 31, 2003, and January 31, 2003, respectively. Centerscope Technologies and TSC personnel are required to sign nondisclosure agreements and are briefed on appropriate security procedures before they are permitted to have access to TSCA CBI. The remainder of this unit discusses the mergers/ acquisitions. 1. EPA's contractor, Optimus Corporation ( Optimus), in a contract first awarded in 1998, operates the TSCA Hotline and processes export notices under section 12( b) of the statute. Garcia Consulting Incorporated ( GCI) was the original subcontractor for the 12( b) function. Both entities and their employees were duly cleared for TSCA CBI. On January 3, 2000, Stanley Associates, Inc. ( Stanley), of Alexandria, VA, acquired GCI as a wholly owned subsidiary. The company became GCI/ Stanley. On March 31, 2002, the contract between Optimus ( the prime) and GCI/ Stanley ( the subcontractor) expired. On April 1, 2002, Optimus contracted with Centerscope Technologies ( Centerscope), a corporation which shares ownership and management with Optimus, to perform the same functions as GCI/ Stanley. Centerscope was granted access to TSCA CBI through the grant of a waiver dated July 3, 2002. This waiver was necessary to allow Centerscope Technologies to assist OPPT in processing 12( b) export notices submitted under sections 4, 5, 6, 7, and 12 of TSCA and to issue notification letters to foreign governments. 2. EPA's contractor, Titan Systems Corporation ( TSC), of San Diego, CA, operates the TSCA Confidential Business Information Center at EPA Headquarters in Washington, DC. The contract for performing this function was first awarded to Computer Based Systems, Inc. ( CBSI), of Fairfax, VA, on March 17, 1998. At the time of award, CBSI was a wholly owned subsidiary of AverStar, Inc. ( AverStar). On June 26, 2000, Titan Systems, Inc. ( Titan) acquired AverStar. On October 4, 2000, CBSI changed its corporate identity to reflect the new ownership   becoming `` Titan Systems Corporation   CBSI Division.'' TSC was granted access to CBI under all sections of TSCA through the grant VerDate Jan< 31> 2003 16: 38 Mar 11, 2003 Jkt 200001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 12MRN1. SGM 12MRN1 11835 Federal Register / Vol. 68, No. 48 / Wednesday, March 12, 2003 / Notices of a waiver dated March 26, 1998. This waiver was necessary to allow TSC to assist OPPT in conducting a system analysis and to provide data base maintenance support to the CBIC document tracking system. At all times during each of these corporate acquisitions or mergers described above, all contractor and subcontractor employees were trained and cleared for access to TSCA CBI. In addition, all employees had signed and remained subject to the standard nondisclosure agreements required of all such persons working with TSCA CBI.

List of Subjects Environmental protection, Confidential business information.

Dated: February 27, 2003. Allan S. Abramson, Director, Information Management Division, Office of Pollution Prevention and Toxics. [ FR Doc. 03   5480 Filed 3   11   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPPT   2003   0004; FRL   7294   8]

Access to Confidential Business Information by SRA International, Incorporated AGENCY: Environmental Protection Agency ( EPA).

ACTION: Notice.

SUMMARY: EPA has authorized SRA International, Incorporated, of Arlington and Fairfax, VA, access to information which has been submitted to EPA under all sections of the Toxic Substances Control Act ( TSCA). Some of the information may be claimed or determined to be Confidential Business Information ( CBI).

DATES: Access to the confidential data submitted to EPA under all sections of TSCA occurred as a result of a modified approved waiver dated February 27, 2003.

FOR FURTHER INFORMATION CONTACT: Barbara A. Cunningham, Acting Director, Environmental Assistance Division ( 7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 202) 554   1404; e mail address: TSCAHotline epa. gov.

SUPPLEMENTARY INFORMATION: I. General Information A. Does this Notice Apply to Me?

This action is directed to the public in general. This action may, however, be of interest to those persons who are or may be required to conduct testing of chemical substances under TSCA. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPPT   2003   0004. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include CBI or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center, Rm. B102   Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. EPA's Docket Center is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. EPA's Docket Center Reading Room telephone number is ( 202) 566   1744 and the telephone number for the OPPT Docket, which is located in EPA Docket Center, is ( 202) 566   0280. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number. II. What Action is the Agency Taking? Under Contract Number 68   W   99   038, SRA International, Incorporated, of 2000 15th Street, North Arlington, VA 22201, and 4300 Fairlakes Court, South Building, Fairfax, VA 22033, will assist the Office of Pollution Prevention and Toxics ( OPPT) in assessing how well its existing office automation infrastructure meets its programmatic needs and how the infrastructure and its support components can be expanded, enhanced, or modified to meet OPPTS' current and emerging needs more efficiently and securely. SRA International, Incorporated will assist in performing risk assessments on CBIcontaining computer systems. Furthermore, the contractor will assist in performing a business analysis and obtain sufficient information on OPPT business, data and applications to populate a Enterprise Architecture support tool that is suitable for submission to cross Agency's efforts, and will, ultimately, function as a tool for OPPT to plan and manage its ongoing Information Technology efforts. In accordance with 40 CFR 2.306( j), EPA has determined that under Contract Number 68   W   99   038, SRA International, Incorporated will require access to CBI submitted to EPA under all sections of TSCA, to perform successfully the duties specified under the contract. SRA International, Incorporated personnel was given access to information submitted to EPA under all sections of TSCA. Some of the information may be claimed or determined to be CBI. SRA International, Incorporated was granted a modified approved waiver on February 27, 2003. This modified waiver was necessary to allow SRA International, Incorporated to assist OPPT in the activities listed above. EPA is issuing this notice to inform all submitters of information under all sections of TSCA, that the Agency may provide SRA International, Incorporated access to these CBI materials on a needto know basis only. All access to TSCA CBI under this contract will take place at EPA Headquarters. SRA International, Incorporated will be required to adhere to all provisions of EPA's TSCA Confidential Business Information Security Manual. Clearance for access to TSCA CBI under Contract Number 68   W   99   038 may continue until March 26, 2004. SRA International, Incorporated personnel will be required to sign nondisclosure agreements and will be briefed on appropriate security procedures before they are permitted access to TSCA CBI.

VerDate Jan< 31> 2003 15: 39 Mar 11, 2003 Jkt 200001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 12MRN1. SGM 12MRN1


[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
[Notices]
[Pages 51451-51453]
[FR Doc No: 2020-18269]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-4620]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Medical Devices;
Reports of Corrections and Removals

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the
collection of information by September 21, 2020.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0359. Also include the FDA docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD

20852,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Medical Devices; Reports of Corrections and Removals--21 CFR part 806

OMB Control Number 0910-0359--Extension

    FDA is requesting approval for the collection of information
pertaining to reports of corrections and removals required under part
806 (21 CFR part 806), which implements section 519(g) of the Federal
Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 360i(g)), as amended
by the Food and Drug Administration Modernization Act of 1997 (Pub. L.
105-115).
    Under Sec.  806.10 (21 CFR 806.10), within 10 working days of
initiating any action to correct or remove a device to reduce a risk to
health posed by the device or to remedy a violation of the FD&C Act
caused by the device that may present a risk to health, device
manufacturers or importers must submit a written report to FDA of the
correction or removal.
    Under Sec.  806.20(a) (21 CFR 806.20(a)), device manufacturers or
importers that initiate a correction or removal that is not required to
be reported to FDA must keep a record of the correction or removal.
    In the Federal Register of December 20, 2016 (81 FR 92603), FDA
published a final rule titled ``Postmarketing Safety Reporting for
Combination Products.'' This final rule describes the postmarketing
safety reporting requirements that apply when two or more different
types of regulated medical products (drugs, devices, and/or biological
products, which are referred to as ``constituent parts'' of a
combination product) comprise a combination product and the combination
product or its constituent parts have received FDA marketing
authorization. PMSR is approved under OMB control number 0910-0834.
    Under Sec.  4.102(c)(1)(iii) (21 CFR 4.102(c)(1)(iii)), combination
product applicants whose combination products received marketing
authorization under a BLA, NDA, or ANDA and include a device
constituent part must also submit correction or removal reports as
described in Sec.  806.10 and comply with recordkeeping requirements as
described in Sec.  806.20.
    Under Sec.  4.105(b) (21 CFR 4.105(b)), combination product
applicants must maintain records relating to their postmarketing safety
reports for whichever is the longest required recordkeeping period
under the PMSR requirements applicable to the combination product
applicant under Sec.  4.102.
    The information collected in the reports of corrections and
removals will be used by FDA to identify marketed devices that have
serious problems and to ensure that defective devices are removed from
the market. This will assure that FDA has current and complete
information regarding these corrections and removals to determine
whether recall action is adequate. Failure to collect this information
would prevent FDA from receiving timely information about devices that
may have a serious effect on the health of users of the devices.
    Reports of corrections and removals may be submitted to FDA via
mail or using FDA's Electronic Submission Gateway (ESG). We estimate
that approximately 50 percent of submitters will use the ESG. Our
estimate of the reporting and recordkeeping burden is based on Agency
records and our experience with this program, as well as similar
programs that utilize FDA's ESG.
    For respondents who submit corrections and removals using the
electronic process, the operating and maintenance costs associated with
this information collection are approximately $50 per year to purchase
a digital verification certificate (certificate must be valid for 1 to
3 years). This burden may be minimized if the respondent has already
purchased a verification certificate for other electronic submissions
to FDA. However, FDA is assuming that all respondents who submit
corrections and removals using the electronic process will be
establishing a new WebTrader account and purchasing a digital
verification certificate. We therefore estimate the total operating and
maintenance costs to be $25,850 annually (517 respondents x $50).
    In the Federal Register of February 21, 2020 (85 FR 10168), we
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received. We estimate the
burden of this collection of information as follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Total
                                                             Number of       Number of     Total annual       Average       Total hours    operating and
                 Activity  (21 CFR part)                    respondents    responses per     responses      burden per          \2\         maintenance
                                                                            respondent                       response                          costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Electronic process setup \3\............................             517               1             517            3.08           1,592         $25,850
Submission of corrections and removals (part 806).......           1,033               1           1,033              10          10,330  ..............
4.102(c)(1)(iii) Submitting correction or removal                     20               1              20              10             200  ..............
 reports................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs associated with this collection of information.
\2\ Totals may not sum due to rounding.
\3\ We estimate that approximately 50 percent of respondents will submit corrections and removals using the electronic process. The actual burden hours
  for setup of the electronic process listed in the reporting burden table are divided by 3 to avoid double counting in the Office of Information and
  Regulatory Affairs Consolidated Information System. However, the one-time Average Burden per Response is 9.25 hours, resulting in a total one-time
  burden of 4,782 hours for the setup of the electronic process.

                               Table 2--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
     Activity  (21 CFR Part)         Number of      records per    Total annual     burden per      Total hours
                                   recordkeepers   recordkeeper       records      recordkeeping        \2\
----------------------------------------------------------------------------------------------------------------
Records of corrections and                    93               1              93              10             930
 removals (part 806)............

4.105(b) additional                          279            0.45             126             0.5              63
 recordkeeping by device-led
 combination products...........
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ Totals may not sum due to rounding.

    New information technology applications have allowed us to more
accurately calculate the number of registrants of medical device
facilities that submit information electronically. Therefore, there is
a 50 percent reduction in the number of respondents who will submit
corrections and removals using the electronic process.
    In addition, under OMB control number 0910-0834 (``Postmarketing
Safety Reporting for Combination Products''), an additional 200 hours
have been added to the annual reporting burden and an additional 63
hours have been added to the annual recordkeeping burden to comply with
the PMSR requirements.
    We have therefore revised the number of respondents to the
information collection. This adjustment has resulted in a 1,293-hour
decrease of the estimated burden.

    Dated: August 14, 2020.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2020-18269 Filed 8-19-20; 8:45 am]
BILLING CODE 4164-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

	1650 Arch Street

	Philadelphia, Pennsylvania  19103

DATE:	September 24, 2007

SUBJECT:	Technical Support Document - Maryland; Amendments to the
Control of Volatile Organic Compound Emissions from Portable Fuel
Containers

FROM:	Gobeail McKinley, Environmental Scientist /s/

Air Quality Planning Branch

TO:		File EPA-R03-OAR-2007-1000

THRU: 	Marilyn Powers, Acting Branch Chief /s/

Air Quality Planning Branch

A.  BACKGROUND

On June 18, 2007, the Maryland Department of Environment (MDE) submitted
a revision to its state implementation plan (SIP).  The SIP revision
(Maryland SIP #07-09) includes amendments to the control of VOC
emissions from portable fuel containers (COMAR <IP_ADDRESS>).

A portable fuel container is defined as container or vessel with a
nominal capacity of 10 gallons or less intended for reuse, that is
designed or used primarily for receiving, transporting, storing, and
dispensing fuel.  Portable fuel containers incorrectly sealed will emit
evaporative emissions.

In 2001, Maryland adopted a regulation based on the 2001 Ozone Transport
Commission (OTC) Portable Fuel Container Model Rule that was based on
the California Air Resources Board (CARB) rule.  The OTC Model Rule
required spill proof containers made available for sale to meet certain
performance standards that reduce VOC emissions.  The standards which
are based upon a similar regulation by CARB require that all portable
fuel containers be spill-proof, have an automatic shut-off feature to
prevent overfilling, an automatic closing feature so that the container
will be sealed when not in use, and meet certain permeation standards.

STATE SUBMITTAL

Maryland’s amended portable fuel containers regulation incorporates
the changes made by the 2006 OTC Model Rule based on the 2005 CARB Rule.
The amendment addresses the fact that the original rule did not include
kerosene containers which were offered for sale in place of compliant
portable fuel containers.  Other amendment incorporations include:
modifying the existing spout regulations in order to address to improve
spillage control; elimination of the fuel flow rate and fill level
performance standards; elimination of the automatic shutoff performance
standard; new containers must be certified for use ad sale by the
manufacturer through CARB; and, new portable fuel container testing
procedures to streamline testing.

New definitions to be used in this regulation are the following:

Kerosene - means any light petroleum distillate having a true vapor
pressure within the range of 0.0041 to 0.029 pounds per square inch
absolute (psia) (0.028 to 0.2 kilonewtons per square meter) for use in
space heaters, cooking stoves, water heaters, or wicked-fed lamps.

Portable fuel container - does not include containers or vessels
permanently embossed or permanently labeled, meeting the requirements of
49 CFR §172.407(a) and intended for use with non fuel or non-kerosene
products.

Spout - does not include lengthening devices that can be used to
accommodate necessary applications.

Applicability and Exemptions.

The SIP revision applies to a person who manufactures, sells,
advertises, or makes available for use portable fuel containers and
spouts or both portable fuel containers and spouts in the State.

The SIP revision does not apply to a person or manufacture who sells,
advertises, or makes available for use rapid fueling devices with
nominal capacities greater that or equal to 4 gallons, if these devices
are designed for use in officially sanctioned off-highway motor sports
such as car racing or motorcycle competitions. The SIP revision does not
apply to a person or manufacture who sells, advertises, or makes
available for use closed-system portable fuel containers that are used
exclusively for fueling remote control model airplanes. Portable fuel
containers or spouts or both portable fuel containers and spouts that
are certified for use and sale by the manufacturer through CARB and
covered by a CARB Executive Order before June 30, 2007, the performance
standards specified in COMAR <IP_ADDRESS>C do not apply.

Performance Standards for Portable Fuel Containers and Spill-Proof
Spouts.

A person may not manufacture, sell, or make available for use after June
30, 2007, a portable fuel container or a portable fuel container and
spout that does not meet all of the following performance standards
except as provided in the exemptions in COMAR <IP_ADDRESS>B.  Except as
provided in COMAR <IP_ADDRESS>B(2) of this revised regulation, A person
may not manufacture, sell, or make available for use after June 30,
2007, any spout that does not meet all of the performance standards of:
(1) contains an automatic shut-off that stops the fuel flow before the
target fuel tank overflows; (2) automatically closes and seals when
removed from the target fuel tank and remains completely closed when not
dispensing fuel; (3) contains only  one opening for both filling and
pouring; (4) provides a fuel flow rate and fill level which are
specified in COMAR <IP_ADDRESS>C; (5)does not exceed a permeation rate of
0.4 grams per gallon per day; and (6) is warranted by the manufacturer
for a period of less than 1 year against defects in material and
workmanship.

Notwithstanding the provisions of COMAR <IP_ADDRESS>C(1) and (2) of this
revised regulation, a portable fuel container or spout or both portable
fuel container and spout manufactured 30 days after the effective date
of this regulation, may be sold, supplied, or offered for sale until 1
year after the time period beginning 30 days after the effective date of
this regulation, if it is labeled or designated for use solely with
kerosene and if the date of manufacture or a date code representing the
date of manufacture is clearly displayed on the portable fuel container
or spout.

Except as provided in COMAR <IP_ADDRESS>B, a portable fuel container,
spout, or portable fuel container and spout produced on or after July 1,
2007, that is manufactured for sale, advertised for sale, sold, or
offered for sale in Maryland or that is introduced, delivered, or
imported into Maryland for commerce and that is subject to any of the
standards specified in this regulation and documents incorporated by
reference, shall be certified for use and sale by the manufacturer
through CARB Executive Order.

Innovative Products.

Portable fuel containers or spouts or both portable fuel containers and
spouts which have been granted an innovative product exemption by CARB
are exempt from the requirements of the performance standards of this
regulation for the period of time that the CARB Innovative Products
exemption remains in effect.  Any manufacturer claiming such an
exemption on this basis shall submit to the Department a copy of the
CARB exemption decision (i.e., the Executive Order), including all
conditions established by CARB applicable to the exemption.

Labeling and Notification.

Any manufacturer shell clearly display on each portable fuel container
or portable fuel container and spout produced on or after July 1, 2007:
the phrase “Spill-Proof Spout”, the date of manufacture or
representative date, and a representative code identifying the Executive
Order number issued by CARB for the portable container or portable fuel
container and spout.

Variances.

Portable fuel containers and spouts or both portable fuel containers and
spouts which have been granted a variance by CARB are exempt from the
requirements in the revision of this regulation for the period of the
time that CARB variance remains in effect.  A manufacturer claiming a
variance on this basis shall submit to the department a copy of the CARB
variance decision (that is, the Executive Order), including all
conditions established by CARB applicable to the variance.

Testing and Requirements.

Testing to determine compliance shall be preformed using the following
testing methods approved by CARB which are incorporated by reference:
“Test Method 510, Automatic Shut-Off Test Procedure for Spill- Proof
Systems and for Spill-Proof Spouts”, amended by CARB on July 26, 2006
and “Test Method 511, Automatic Closure Test Procedure For Spill-Proof
Systems And Spill-Proof Spouts”, adopted by CARB on July 6, 2000.
Testing to determine compliance with COMAR <IP_ADDRESS>C(4) this revised
regulation shall be preformed by using the test methods in “CP-501,
Certification Procedure for Portable Fuel Containers and Spill-Proof
Spouts”, adopted by CARB on July 26, 2006, which is incorporated by
reference.

C.  EPA EVALUATION:

Maryland’s amendments to the portable fuel containers rule incorporate
requirements of the 2006 OTC model rule for portable fuel containers
that was based on the changes made by CARB in 2005.  These amendments
have an estimated emissions reduction potential of 1.6 tons per day of
VOC in the Baltimore nonattainment area, and 6 tons per day of VOC
Statewide beginning in 2009.

D.  CONCLUSIONS AND RECOMMENDED AGENCY ACTION:

The amendments to the Portable Fuel Container Rule adopted by Maryland
will result in the reduction of VOC emissions from the affected sources.
 EPA approval of the SIP revision is recommended.

 PAGE

 PAGE  1


[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Rules and Regulations]
[Pages 80287-80289]
[FR Doc No: 2010-32134]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 75, No. 245 / Wednesday, December 22, 2010 /
Rules and Regulations

ENVIRONMENTAL PROTECTION AGENCY

2 CFR Part 1536

40 CFR Part 36

[Docket No. EPA-HQ-OARM-2010-0922; FRL- 9242-2]

Environmental Protection Agency Implementation of OMB Guidance on
Drug-Free Workplace Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency is removing its regulation
implementing the Governmentwide common rule on drug-free workplace
requirements for financial assistance. This regulatory action
implements the OMB's initiative to streamline and consolidate into one
title of the CFR all federal regulations on drug-free workplace
requirements for financial assistance. These changes constitute an
administrative simplification that would make no substantive change in
Environmental Protection Agency policy or procedures for drug-free
workplace.

DATES: This final rule is effective on December 22, 2010.

ADDRESSES:  EPA has established a docket for this action under Docket
ID No. EPA-HQ-OARM-2010-0922. All documents in the docket are listed in
the http://www.regulations.gov index. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is publicly available only in
hard copy. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the Public Reading Room. The Public Reading Room is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Elizabeth January, Environmental
Protection Agency, 5 Post Office Square, Boston, MA 02109, by phone
(617) 918-8655 or by e-mail (january.elizabeth@epa.gov).

SUPPLEMENTARY INFORMATION:

I. General Information

    Affected Entities: Entities that receive grants from EPA.

II. Background

    The Drug-Free Workplace Act of 1988 [Pub. L. 100-690, Title V,
Subtitle D; 41 U.S.C. 701, et seq.] was enacted as a part of omnibus
drug legislation on November 18, 1988. Federal agencies issued an
interim final common rule to implement the act as it applied to grants
[54 FR 4946, January 31, 1989]. The rule was a subpart of the
Governmentwide common rule on nonprocurement suspension and debarment.
The agencies issued a final common rule after consideration of public
comments [55 FR 21681, May 25, 1990].
    The agencies proposed an update to the drug-free workplace common
rule in 2002 [67 FR 3266, January 23, 2002] and finalized it in 2003
[68 FR 66534, November 26, 2003]. The updated common rule was redrafted
in plain language and adopted as a separate part, independent from the
common rule on nonprocurement suspension and debarment. Based on an
amendment to the drug-free workplace requirements in 41 U.S.C. 702
[Pub. L. 105-85, div. A, title VIII, Sec. 809, Nov. 18, 1997, 111 Stat.
1838], the update also allowed multiple enforcement options from which
agencies could select, rather than requiring use of a certification in
all cases.
    When it established Title 2 of the CFR as the new central location
for OMB guidance and agency implementing regulations concerning grants
and agreements [69 FR 26276, May 11, 2004], OMB announced its intention
to replace common rules with OMB guidance that agencies could adopt in
brief regulations. OMB began that process by proposing [70 FR 51863,
August 31, 2005] and finalizing [71 FR 66431, November 15, 2006]
Governmentwide guidance on nonprocurement suspension and debarment in 2
CFR part 180.
    As the next step in that process, OMB proposed for comment [73 FR
55776, September 26, 2008] and finalized [74 FR 28149, June 15, 2009]
Governmentwide guidance with policies and procedures to implement drug-
free workplace requirements for financial assistance. The guidance
requires each agency to replace the common rule on drug-free workplace
requirements that the agency previously issued in its own CFR title
with a brief regulation in 2 CFR adopting the Governmentwide policies
and procedures. One advantage of this approach is that it reduces the
total volume of drug-free workplace regulations. A second advantage is
that it collocates OMB's guidance and all of the agencies' implementing
regulations in 2 CFR.

Conclusion

    As the OMB guidance requires, the Environmental Protection Agency
is taking two regulatory actions. First, we are removing the drug-free
workplace common rule from 40 CFR part 36. Second, to replace the
common rule, we are issuing a brief regulation in 2 CFR part 1536 to
adopt the Governmentwide policies and procedures in the OMB guidance.
    Statutory and Executive Order Reviews: OMB has determined under
Executive Order 12866 (58 FR 51735, October 4, 1993), that this action
is not a ``significant regulatory action.'' Because this grants rule is
not subject to notice and comment requirements under the Administrative
Procedure Act or any other statute, it is not subject to the Regulatory
Flexibility Act (5 U.S.C. 601 et.). Today's rule contains no Federal
mandates (under the regulatory provisions of Title 2 of the Unfunded
Mandates Reform Act of 1999 (UMRA)) for State, local, or tribal
governments or the private sector that would subject the rule to
Sections 202 and 205 of the UMRA) (Pub. L. 104-4). The rule imposes no
enforceable duty on any State, local, or Tribal governments or the
private sector. In addition, this rule does not significantly or
uniquely affect small governments. This action does not have tribal
implications, as specified in Executive Order 13175 (65 FR 67249,
November 9, 2000). This final rule is

solely an administrative simplification that would make no substantive
change in Environmental Protection Agency policy or procedures for
drug-free workplace. Thus, Executive Order 13175 (63 FR 67249, November
9, 2000) does not apply to this action. EPA interprets Executive Order
13045 (62 FR 19885, April 23, 1997) as applying only to those
regulatory actions that concern health or safety risks, such that the
analysis required under section 5-501 of the Executive Order has the
potential to influence the regulation. This action is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks. This rule will
not have federalism implications, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999). Executive Order 12898 (59 FR 7629
(February 16, 1994)) establishes Federal executive policy on
environmental justice. EPA has determined that this rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it is a grant
rule that does not affect the level of protection provided to human
health or the environment. This rule is not a ``significant energy
action'' as defined in Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355 (May 22, 2001)) because it is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. Further, we have concluded that this rule is not likely to have
any adverse energy effects. This rule does not involve technical
standards; thus, the requirements of Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. This rule does not impose an additional information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
    Congressional Review Act: The Congressional Review Act, 5 U.S.C.
801 et seq., generally provides that before certain actions may take
effect, the agency promulgating the action must submit a report, which
includes a copy of the action, to each House of the Congress and to the
Comptroller General of the United States. EPA will submit a report
containing this rule 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). This rule will be effective on December 22, 2010.

List of Subjects

2 CFR Part 1536

    Administrative practice and procedure, Drug abuse, Grant programs,
Reporting and recordkeeping requirements.

40 CFR Part 36

    Governmentwide requirements for drug-free work-place (financial
assistance).

    Dated: December 16, 2010.
Howard Corcoran,
Director, Office of Grants and Debarment.

0
Accordingly, for the reasons set forth in the preamble, and under the
authority of 5 U.S.C. 301, the Environmental Protection Agency amends
the Code of Federal Regulations, Title 2, Subtitle B, Chapter XV, Part
1536, and Title 40, Chapter I, Part 36, as follows:

Title 2--Grants and Agreements

0
1. Add Part 1536 in Subtitle B, Chapter XV, to read as follows:

PART 1536--REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL
ASSISTANCE)

Sec.
1536.10 What does this part do?
1536.20 Does this part apply to me?
1536.30 What policies and procedures must I follow?
Subpart A--Purpose and Coverage [Reserved.]
Subpart B--Requirements for Recipients Other Than Individuals
1536.225 Whom in the Environmental Protection Agency does a
recipient other than an individual notify about a criminal drug
conviction?
Subpart C--Requirements for Recipients Who Are Individuals
1536.300 Whom in the Environmental Protection Agency does a
recipient who is an individual notify about a criminal drug
conviction?
Subpart D--Responsibilities of Agency Awarding Officials
1536.400 What method do I use as an agency awarding official to
obtain a recipient's agreement to comply with the OMB guidance?
Subpart E--Violations of This Part and Consequences
1536.500 Who in the Environmental Protection Agency determines that
a recipient other than an individual violated the requirements of
this part?
1536.505 Who in the Environmental Protection Agency determines that
a recipient who is an individual violated the requirements of this
part?

    Authority:  41 U.S.C. 701-707.

Sec.  1536.10  What does this part do?

    This part requires that the award and administration of
Environmental Protection Agency grants and cooperative agreements
comply with Office of Management and Budget (OMB) guidance implementing
the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707,
as amended, hereafter referred to as ``the Act'') that applies to
grants. It thereby--
    (a) Gives regulatory effect to the OMB guidance (Subparts A through
F of 2 CFR part 182) for the Environmental Protection Agency's grants
and cooperative agreements; and
    (b) Establishes Environmental Protection Agency policies and
procedures for compliance with the Act that are the same as those of
other Federal agencies, in conformance with the requirement in 41
U.S.C. 705 for Governmentwide implementing regulations.

Sec.  1536.20  Does this part apply to me?

    This part and, through this part, pertinent portions of the OMB
guidance in Subparts A through F of 2 CFR part 182 (see table at 2 CFR
182.115(b)) apply to you if you are a--
    (a) Recipient of a Environmental Protection Agency grant or
cooperative agreement; or
    (b) Environmental Protection Agency awarding official.

Sec.  1536.30  What policies and procedures must I follow?

    (a) General. You must follow the policies and procedures specified
in applicable sections of the OMB guidance in Subparts A through F of 2
CFR part 182, as implemented by this part.
    (b) Specific sections of OMB guidance that this part supplements.
In implementing the OMB guidance in 2 CFR part 182, this part
supplements four sections of the guidance, as shown in the following
table. For each of those sections, you must follow the policies and
procedures in the OMB guidance, as supplemented by this part.

----------------------------------------------------------------------------------------------------------------
                                                           Section in this
                 Section of OMB guidance                      part where      What the supplementation clarifies
                                                             supplemented
----------------------------------------------------------------------------------------------------------------
(1) 2 CFR 182.225(a)....................................    Sec.   1536.225  Whom in the Environmental
                                                                              Protection Agency a recipient
                                                                              other than an individual must
                                                                              notify if an employee is convicted
                                                                              for a violation of a criminal drug
                                                                              statute in the workplace.
(2) 2 CFR 182.300(b)....................................    Sec.   1536.300  Whom in the Environmental
                                                                              Protection Agency a recipient who
                                                                              is an individual must notify if he
                                                                              or she is convicted of a criminal
                                                                              drug offense resulting from a
                                                                              violation occurring during the
                                                                              conduct of any award activity.
(3) 2 CFR 182.500.......................................    Sec.   1536.500  Who in the Environmental Protection
                                                                              Agency is authorized to determine
                                                                              that a recipient other than an
                                                                              individual is in violation of the
                                                                              requirements of 2 CFR part 182, as
                                                                              implemented by this part.
(4) 2 CFR 182.505.......................................    Sec.   1536.505  Who in the Environmental Protection
                                                                              Agency is authorized to determine
                                                                              that a recipient who is an
                                                                              individual is in violation of the
                                                                              requirements of 2 CFR part 182, as
                                                                              implemented by this part.
----------------------------------------------------------------------------------------------------------------

    (c) Sections of the OMB guidance that this part does not
supplement. For any section of OMB guidance in Subparts A through F of
2 CFR part 182 that is not listed in paragraph (b) of this section,
Environmental Protection Agency policies and procedures are the same as
those in the OMB guidance.

Subpart A--Purpose and Coverage [Reserved.]

Subpart B--Requirements for Recipients Other Than Individuals

Sec.  1536.225  Whom in the Environmental Protection Agency does a
recipient other than an individual notify about a criminal drug
conviction?

    A recipient other than an individual that is required under 2 CFR
182.225(a) to notify Federal agencies about an employee's conviction
for a criminal drug offense must notify the EPA award official from
each Environmental Protection Agency office from which it currently has
an award.

Subpart C--Requirements for Recipients Who Are Individuals

Sec.  1536.300  Whom in the Environmental Protection Agency does a
recipient who is an individual notify about a criminal drug conviction?

    A recipient who is an individual and is required under 2 CFR
182.300(b) to notify Federal agencies about a conviction for a criminal
drug offense must notify the EPA award official from each Environmental
Protection Agency office from which it currently has an award.

Subpart D--Responsibilities of Agency Awarding Officials

Sec.  1536.400  What method do I use as an agency awarding official to
obtain a recipient's agreement to comply with the OMB guidance?

    To obtain a recipient's agreement to comply with applicable
requirements in the OMB guidance at 2 CFR part 182, you must include
the following term or condition in the award:

    Drug-free workplace. You as the recipient must comply with drug-
free workplace requirements in Subpart B (or Subpart C, if the
recipient is an individual) of 2 CFR Subtitle B, Chapter XV, Part
1536, which adopts the Governmentwide implementation (2 CFR part
182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub.
L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707).

Subpart E--Violations of This Part and Consequences

Sec.  1536.500  Who in the Environmental Protection Agency determines
that a recipient other than an individual violated the requirements of
this part?

    The EPA Administrator or designee is the official authorized to
make the determination under 2 CFR 182.500.

Sec.  1536.505  Who in the Environmental Protection Agency determines
that a recipient who is an individual violated the requirements of this
part?

    The EPA Administrator or designee is the official authorized to
make the determination under 2 CFR 182.505.

Title 40--Protection of Environment

Chapter I

PART 36--[REMOVED]

0
2. Remove Part 36.

[FR Doc. 2010-32134 Filed 12-21-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Notices]
[Pages 27223-27224]
[FR Doc No: 2012-11173]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: EC12-95-000.
    Applicants: ITC Midwest LLC.
    Description: Application for Approval of Acquisition of
Transmission Assets Pursuant to Section 203 of the Federal Power Act of
ITC Midwest LLC.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5696.
    Comments Due: 5 p.m. ET 5/21/12.

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

    Docket Numbers: ER10-1556-005.
    Applicants: Longview Power.
    Description: Notice of Change in Status of Longview Power, LLC.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5705.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER10-3254-001.
    Applicants: Cooperative Energy Incorporated (An Electric Membership
Corporation).
    Description: Cooperative Energy Inc. Second Amendment to Updated
Market Power Analysis.
    Filed Date: 4/27/12.
    Accession Number: 20120427-5422.
    Comments Due: 5 p.m. ET 5/18/12.

    Docket Numbers: ER12-162-002; ER11-3876-004; ER11-2044-005; ER10-
2611-003.
    Applicants: MidAmerican Energy Company, Cordova Energy Company LLC,
Saranac Power Partners, L.P., Bishop Hill Energy II LLC.
    Description: Bishop Hill Energy II LLC, Cordova Energy Company LLC,
MidAmerican Energy Company, and Saranac Power Partners, L.P.
(Applicants) notice of change in status filing.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5706.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1666-000.
    Applicants: Longview Power, LLC.
    Description: Category 2 and MISO Ancillary Services Filing to be
effective 3/29/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5476.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1667-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: 4-30-12 Attachment O to be effective 5/1/2012.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5486.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1668-000.
    Applicants: Entergy Arkansas, Inc.
    Description: MJMEUC PtP SA 543 to be effective 4/1/2012.
    Filed Date: 4/30/12
    Accession Number: 20120430-5495.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1669-000.
    Applicants: Westar Energy, Inc.
    Description: KEPCo, Revision to Attachment F to be effective 7/1/
2011.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5500.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1670-000.
    Applicants: Delaware City Refining Company LLC.
    Description: Notice of Change in Status to be effective 6/29/2012.
    Filed Date: 5/1/12.
    Accession Number: 20120501-5001.
    Comments Due: 5 p.m. ET 5/22/12.

    Docket Numbers: ER12-1671-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2416 Midwest Energy/ITC Interconnection Agreement to
be effective 6/1/2012.
    Filed Date: 5/1/12.
    Accession Number: 20120501-5003.
    Comments Due: 5 p.m. ET 5/22/12.

    Docket Numbers: ER12-1672-000.
    Applicants: PBF Power Marketing LLC.
    Description: Change of Status to be effective 6/29/2012.
    Filed Date: 5/1/12.
    Accession Number: 20120501-5008.
    Comments Due: 5 p.m. ET 5/22/12.

    Docket Numbers: ER12-1673-000.
    Applicants: Westar Energy, Inc.
    Description: Kansas Power Pool Confirmation Letter Re-dispatch
Services to be effective 6/1/2012.
    Filed Date: 5/1/12.
    Accession Number: 20120501-5010.
    Comments Due: 5 p.m. ET 5/22/12.

    Docket Numbers: ER12-1674-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc.'s Notice of Cancellation of
Generator Interconnection Agreement.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5656.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1675-000.
    Applicants: Flanders Energy LLC.
    Description: Baseline New to be effective 5/1/2012.
    Filed Date: 5/1/12.
    Accession Number: 20120501-5083.
    Comments Due: 5 p.m. ET 5/22/12.

    Docket Numbers: ER12-1676-000.
    Applicants: PacifiCorp.
    Description: Notice of Termination of PacifiCorp Rate Schedule No.
246.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5676.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ER12-1677-000.
    Applicants: Southwest Power Pool, Inc.
    Description: 2198R1 Kansas Power Pool NITSA NOA to be effective 4/
1/2012.
    Filed Date: 5/1/12.
    Accession Number: 20120501-5114.
    Comments Due: 5 p.m. ET 5/22/12.

    Docket Numbers: ER12-1678-000.
    Applicants: ISO New England Inc.
    Description: Forward Capacity Auction Results Filing of ISO New
England Inc.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5697.
    Comments Due: 5 p.m. ET 6/14/12.

    Docket Numbers: ER12-1679-000.
    Applicants: Northern States Power Company, a Wisconsin corporation.
    Description: 2012--5--1--NSPW BNGR Const Intercon Fac Agrmt-115 to
be effective 6/29/2012.
    Filed Date: 5/1/12.
    Accession Number: 20120501-5127.
    Comments Due: 5 p.m. ET 5/22/12.

    Docket Numbers: ER12-1680-000.
    Applicants: Minonk Wind, LLC.
    Description: Market-Based Rate Tariff to be effective 6/30/2012.
    Filed Date: 5/1/12.
    Accession Number: 20120501-5136.
    Comments Due: 5 p.m. ET 5/22/12.

    Docket Numbers: ER12-1681-000.
    Applicants: Clean Currents LLC.
    Description: Clean Currents LLC Notice of Cancellation of MBR
Authority to be effective 5/2/2012.
    Filed Date: 5/1/12.
    Accession Number: 20120501-5210.
    Comments Due: 5 p.m. ET 5/22/12.

    Docket Numbers: ER12-1682-000.
    Applicants: Public Service Company of Colorado.
    Description: 2012-5-1--SPS Line Losses Filing to be effective 7/1/
2012.
    Filed Date: 5/1/12.
    Accession Number: 20120501-5224.
    Comments Due: 5 p.m. ET 5/22/12.

    Docket Numbers: ER12-1683-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Amendment to BART Network Integration Transmission

Service Agreement (Lodi) to be effective 7/1/2012.
    Filed Date: 5/1/12.
    Accession Number: 20120501-5237.
    Comments Due: 5 p.m. ET 5/22/12.

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

    Docket Numbers: ES12-39-000.
    Applicants: System Energy Resources, Inc.
    Description: Application of System Energy Resources, Inc., for
Section 204 Authorization.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5707.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: ES12-40-000.
    Applicants: Michigan Electric Transmission Company, LLC.
    Description: Application under FPA Section 204 of Michigan Electric
Transmission Company, LLC.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5714.
    Comments Due: 5 p.m. ET 5/21/12.

    Take notice that the Commission received the following land
acquisition reports:

    Docket Numbers: LA12-1-000.
    Applicants: Alabama Electric Marketing, LLC, Big Sandy Peaker
Plant, LLC, California Electric Marketing, LLC, Crete Energy Venture,
LLC, CSOLAR IV South, LLC, High Desert Power Project, LLC, Kiowa Power
Partners, LLC, Lincoln Generating Facility, LLC, New Covert Generating
Company, LLC, New Mexico Electric Marketing, LLC, Rolling Hills
Generating, L.L.C., Tenaska Alabama Partners, L.P., Tenaska Alabama II
Partners, L.P., Tenaska Frontier Partners, Ltd., Tenaska Gateway
Partners, Ltd., Tenaska Georgia Partners, L.P., Tenaska Power
Management, LLC, Tenaska Power Services Co., Tenaska Virginia Partners,
L.P., Tenaska Washington Partners, L.P., Texas Electric Marketing, LLC,
TPF Generation Holdings, LLC, and Wolf Hills Energy, LLC.
    Description: Quarterly Land Acquisition Report of Alabama Electric
Marketing, LLC, Bib Sandy Peaker Plant, LLC, California Electric
Marketing, LLC, Crete Energy Venture, LLC, et al.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5584.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: LA12-1-000.
    Applicants: APDC, Inc., Atlantic Power Energy Services (US) LLC,
Auburndale Power Partners, L.P., Cadillac Renewable Energy, LLC,
Chambers Cogeneration, Limited Partnership, Delta Person Limited
Partnership, Frederickson Power L.P. Lake Cogen, Ltd., Manchief Power
Company LLC, Morris Cogeneration, LLC, Orlando CoGen Limited, L.P.,
Pasco Cogen, Ltd., SelkirkCogen Partners, L.P. Burley Butte Wind Park,
LLC, Camp Reed Wind Park, LLC, Golden Valley Wind Park, LLC, Milner Dam
Wind Park, LLC, Oregon Trail Wind Park, LLC, Payne's Ferry Wind Park,
LLC, Pilgrim Stage Station Wind Park, LLC, Salmon Falls Wind Park, LLC,
Thousand Springs Wind Park, LLC, Tuana Gulch Wind Park, LLC, and Yahoo
Creek Wind Park, LLC.
    Description: Quarterly Report of Acquisition of Sites of APDC,
Inc., et al.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5626.
    Comments Due: 5 p.m. ET 5/21/12.

    Docket Numbers: LA12-1-000.
    Applicants: Florida Power & Light Company, NextEra Energy
Resources, LLC, Ashtabula Wind, LLC, Ashtabula Wind II, LLC, Ashtabula
Wind III, LLC, Backbone Mountain Windpower LLC, Badger Windpower, LLC,
Baldwin Wind, LLC, Bayswater Peaking Facility, LLC, Blackwell Wind,
LLC, Butler Ridge Wind Energy Center, LLC, Crystal Lake Wind, LLC,
Crystal Lake Wind II, LLC, Crystal Lake Wind III, LLC, Day County Wind,
LLC, Diablo Winds, LLC, Elk City Wind, LLC, Elk City II Wind, LLC, ESI
Vansycle Partners, L.P., Florida Power & Light Co., FPL Energy Burleigh
County Wind, LLC, FPL Energy Cabazon Wind, LLC, FPL Energy Cape, LLC,
FPL Energy Cowboy Wind, LLC, FPL Energy Green Power Wind, LLC, FPL
Energy Hancock County Wind, LLC, FPL Energy Illinois Wind, LLC, FPL,
Energy Maine Hydro LLC, FPL Energy Marcus Hook, L.P., FPL Energy MH50
L.P., FPL Energy Montezuma Wind, LLC, FPL Energy Mower County, LLC, FPL
Energy New Mexico Wind, LLC, FPL Energy North Dakota Wind, LLC, FPL
Energy North Dakota Wind II, LLC, FPL Energy Oklahoma Wind, LLC, FPL
Energy Oliver Wind I, LLC, FPL Energy Oliver Wind II, LLC, FPL Energy
Sooner Wind, LLC, FPL Energy South Dakota Wind, LLC, FPL Energy
Stateline II, Inc., FPL Energy Vansycle, LLC, FPL Energy Wyman, LLC,
FPL Energy Wyman IV, LLC, FPL Energy Wyoming, LLC, Garden Wind, LLC,
Gray County Wind Energy, LLC, Hatch Solar Energy Center I, LLC, Hawkeye
Power Partners, LLC, High Majestic Wind Energy Center, LLC, High Winds,
LLC, High Majestic Wind II, LLC, Jamaica Bay Peaking Facility, LLC,
Lake Benton Power Partners II, LLC, Langdon Wind, LLC, Logan Wind
Energy LLC, Meyersdale Windpower LLC, Mill Run Windpower, LLC, Minco
Wind, LLC, Minco Wind II, LLC, Minco Wind Interconnection Services,
LLC, NEPM II, LLC, NextEra Energy Duane Arnold, LLC, NextEra Energy
Montezuma II Wind, LLC, NextEra Energy Power Marketing, LLC, NextEra
Energy Point Beach, LLC, NextEra Energy Seabrook, LLC, NextEra Energy
Services Massachusetts, LLC, Northeast Energy Associates, A Limited
Partnership, North Jersey Energy Associates, A Limited Partnership,
Northern Colorado Wind Energy, LLC, Osceola Windpower, LLC, Osceola
Windpower II, LLC, Paradise Solar Urban Renewal, L.L.C., Peetz Table
Wind Energy, LLC, Pennsylvania Windfarms, Inc., Perrin Ranch Wind, LLC,
Red Mesa Wind, LLC, Sky River LLC, Somerset Windpower, LLC, Story Wind,
LLC, Docket No. Vasco Winds, LLC, Victory Garden Phase IV, LLC, Waymart
Wind Farm, L.P., Wessington Wind Energy Center, LLC, White Oak Energy
LLC, Wilton Wind II, LLC, Windpower Partners 1993, L.P.
    Description: First Quarter 2012 Site Control Quarterly Filing of
the NextEra Energy Companies.
    Filed Date: 4/30/12.
    Accession Number: 20120430-5689.
    Comments Due: 5 p.m. ET 5/21/12.

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

    Dated: May 1, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-11173 Filed 5-8-12; 8:45 am]
BILLING CODE 6717-01-P