                            Notes from Meeting with
  National Solid Wastes Management Association's Healthcare Waste Institute

Attended by:
NSWMA/HWI Staff:		Alice Jacobsohn, Hal Miller, Edward Repa

Others:	Tom Barrett (On-Site Sterilization) Krista Haynes (Med-Dispose, Inc.), Selin Hoboy (Stericycle), Gerald Hubbell (Sustainable Medical Corp.), Kerry Kelly (Waste Management), Charlotte Smith (Waste Management), George Weishoff (Med-Flex, Inc.)

EPA Staff:	Kristin Fitzgerald, Lisa Lauer, Charlotte Mooney, Jamie Piziali

Date:			March 5, 2012

EPA met with representatives and members of the Healthcare Waste Institute.

They inquired about the progress of the pharmaceuticals proposed rule and whether the rule would be requiring that all pharmaceuticals be managed as hazardous waste.

Stericycle indicated that they had applied for and received a RCRA Part B permit for its Indiana reverse distribution facility.

We discussed the management of sharps and syringes.  HWI suggested that syringes should not have leftover drug in them when placed in sharps containers and that leftover drug could be squirted onto a pad.  Under this scenario, the dispensed syringe would then be placed into the sharps container and the pad with the leftover drug would be managed as solid or hazardous waste.  They stated that sharps boxes are typically autoclaved and then sent to a municipal solid waste landfill or to incineration at a municipal solid waste combustor or regulated medical waste combustor.

We also discussed drug samples from doctor's offices.  HWI stated that drug reps are not permitted to take samples back and that manufacturer's credit is not given for samples.

HWI indicated that there are 4 hazardous wastes that are also DEA controlled substances:
   1. Paraldehyde (not used anymore)
   2. Chloral hydrate (pediatric sedative still in use)
   3. Valium injectable (D001)
   4. Testosterone injectable (D001)


[Federal Register: June 30, 2008 (Volume 73, Number 126)]
[Notices]
[Page 36884-36885]
[DOCID:fr30jn08-92]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1769-DR]

West Virginia; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of West Virginia (FEMA-1769-DR), dated June 19,
2008, and related determinations.

EFFECTIVE DATE: June 19, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated June 19, 2008, the President declared a major disaster under the
authority of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows:

    I have determined that the damage in certain areas of the State
of West Virginia resulting from severe storms, tornadoes, flooding,
mudslides, and landslides during the period of June 3-7, 2008, is of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act).
Therefore, I declare that such a major disaster exists in the State
of West Virginia.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and Public
Assistance in the designated areas and Hazard Mitigation throughout
the State. Consistent with the requirement that Federal assistance
be supplemental, any Federal funds provided under the Stafford Act
for Hazard Mitigation and Other Needs Assistance will be limited to
75 percent of the total eligible costs. Federal funds provided under
the Stafford Act for Public Assistance also will be limited to 75
percent of the total eligible costs, except for any particular
projects that are eligible for a higher Federal cost-sharing
percentage under the FEMA Public Assistance Pilot Program instituted
pursuant to 6 U.S.C. 777.
    Further, you are authorized to make changes to this declaration
to the extent allowable under the Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for

Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be
for a period not to exceed six months after the date of this
declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Ed Smith, of FEMA is appointed to
act as the Federal Coordinating Officer for this declared disaster.
    The following areas of the State of West Virginia have been
designated as adversely affected by this declared major disaster:

    Barbour, Doddridge, Gilmer, Harrison, Jackson, Jefferson,
Marion, Taylor and Tyler Counties for Individual Assistance.
    Barbour, Clay, Doddridge, Gilmer, Harrison, Marion, and Taylor
Counties for Public Assistance.
    All counties within the State of West Virginia are eligible to
apply for assistance under the Hazard Mitigation Grant Program.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidential Declared Disaster Areas; 97.049, Presidential Declared
Disaster Assistance--Disaster Housing Operations for Individuals and
Households; 97.050, Presidential Declared Disaster Assistance to
Individuals and Households--Other Needs; 97.036, Disaster Grants--
Public Assistance (Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-14748 Filed 6-27-08; 8:45 am]

BILLING CODE 9110-10-P


"Johansson, Robert"<EMAIL_ADDRESS> 10/30/2007 01:23 PM

To

Janet Cakir/RTP/USEPA/US@EPA

cc

Subject

RE: O3 RIA Briefings through the first week in December between OAQPS and OMB

Do we have material to hand out for this first call?

Rob

-----Original Message-----

From<EMAIL_ADDRESS><EMAIL_ADDRESS> Sent: Friday, October 26, 2007 2:44 PM

To: Johansson, Robert

Cc<EMAIL_ADDRESS><EMAIL_ADDRESS> Subject: O3 RIA Briefings through the first week in December between

OAQPS and OMB

Hi Rob,

   Thank you for taking the time to touch base with us on Wednesday.

Here is the tentative schedule we talked about.  The attached powerpoint

slide includes times and draft agendas.  The focus of these breifings

will be on methodologies as opposed to actual results.  This will enable

us to get your input earlier in the process.  Materials and logistics

for the 11/1 meeting will follow shortly.

  Ron checked with Lydia and the NAAQS package will be delivered at the

beginning of February.  March 12 is the deadline for having the proposal

in the federal register.  We plan to have the RIA to you for review in

mid December with some numbers trailing in mid January as discussed.

   Let me know if you need any changes to the attached schedule or

agendas.

Thanks,

Janet

(See attached file: OMB Briefing Schedule.ppt)

_______________________________________

Janet F. Cakir, Ph.D.

Environmental Protection Specialist

Air Benefits Cost Group

109 TW Alexander Dr., (C439-02)

Research Triangle Park, NC 27711

Tel:<PHONE_NUMBER>

Fax:<PHONE_NUMBER>

email<EMAIL_ADDRESS>


[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Notices]
[Pages 17927-17928]
[FR Doc No: 2010-8023]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0286]

Kevin Xu: Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is issuing an order
under the Federal Food, Drug, and Cosmetic Act (the act) permanently
debarring Kevin Xu from providing services in any capacity to a person
that has an approved or pending drug product application. FDA bases
this order on a finding that Mr. Xu was convicted of a felony under
Federal law for conduct relating to the regulation of a drug product
under the act. Mr. Xu was given notice of the proposed permanent
debarment and an opportunity to request a hearing within the timeframe
prescribed by regulation. As of September 23, 2009, Mr. Xu has failed
to respond. Mr. Xu's failure to respond constitutes a waiver of his
right to a hearing concerning this action.

DATES: This order is effective April 8, 2010.

ADDRESSES: Submit applications for special termination of debarment to
the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:  Kenny Shade, Division of Compliance
Policy (HFC-230), Office of Enforcement, Office of Regulatory Affairs,
Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857,
240-632-6844.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(a)(2)(B) of the act (21 U.S.C. 335a(a)(2)(B)) requires
debarment of an individual if FDA finds that the individual has been
convicted of a felony under Federal law for conduct otherwise relating
to the regulation of any drug product under the act.
    On January 20, 2009, the U.S. District Court for the Southern
District of Texas entered judgment against Mr. Xu for one count of
participating in a conspiracy to traffic and attempt to traffic in
counterfeit goods, to cause the introduction and delivery for
introduction of misbranded prescription drugs into interstate commerce,
and to cause the counterfeiting of trademarks in violation of 18 U.S.C.
371, three counts of causing the introduction and delivery for
introduction of misbranded prescription drugs into interstate commerce
in violation of 21 U.S.C. 331(a) and 21 U.S.C. 333(a)(2), and one count
of trafficking in counterfeit goods

in violation of 18 U.S.C. 2320(a) and 18 U.S.C. 2320(a)(2).
    FDA's finding that debarment is appropriate is based on the felony
convictions referenced herein for conduct relating to the regulation of
a drug product. The factual basis for those convictions is as follows:
From July 2006 until on or about July 2007, Mr. Xu did knowingly,
intentionally, and willfully conspire and agree with other persons to
import pharmaceutical drug products that bore the trademarks ZYPREXA,
TAMIFLU, CASODEX, PLAVIX, and ARICEPT without the authorization of the
manufacturer of these drugs, and then to resell these products to the
public.
    On or about December 8, 2007, Mr. Xu used an Internet email address
to send an email listing the tracking numbers connected to the sale of
counterfeit pharmaceuticals. On or about April 9, 2007, Mr. Xu caused
coconspirators residing in the Republic of China to place in interstate
commerce for shipment to the United States various blister strips
containing counterfeit TAMIFLU, CASODEX, ZYPREXA, and PLAVIX.
    On or about December 8, 2006, with the intent to defraud or
mislead, Mr. Xu caused the introduction and delivery for introduction
into interstate commerce of drugs that were misbranded, namely a
shipment containing blister strips of TAMIFLU capsules that were
labeled in a manner to falsely represent that these blister strips
contained genuine TAMIFLU.
    On or about January 3, 2007, with the intent to defraud or mislead,
Mr. Xu caused introduction and delivery for introduction into
interstate commerce of drugs that were misbranded, namely a shipment
containing blister strips of ZYPREXA pills that were labeled in a
manner to falsely represent that these blister strips contained genuine
ZYPREXA.
    On or about February 20, 2007, with the intent to defraud or
mislead, Mr. Xu caused the introduction and delivery for introduction
into interstate commerce of drugs that were misbranded, namely a
shipment containing blister strips of PLAVIX pills that were labeled in
a manner to falsely represent that these blister strips contained
genuine PLAVIX.
    On or about December 8, 2006, Mr. Xu intentionally trafficked in
goods, namely pharmaceutical drugs, and knowingly used a counterfeit
mark, the ZYPREXA trademark, on and in connection with such goods.
    As a result of his conviction, on August 17, 2009, FDA sent Mr. Xu
a notice by certified mail proposing to permanently debar him from
providing services in any capacity to a person that has an approved or
pending drug product application. The proposal was based on a finding,
under section 306(a)(2)(B) of the act that Kevin Xu was convicted of a
felony under Federal law for conduct relating to the regulation of a
drug product under the act. The proposal also offered Mr. Xu an
opportunity to request a hearing, providing him 30 days from the date
of receipt of the letter in which to file the request, and advised him
that failure to request a hearing constituted a waiver of the
opportunity for a hearing and of any contentions concerning this
action. Mr. Xu failed to respond within the timeframe prescribed by
regulation and has, therefore, waived his opportunity for a hearing and
any contentions concerning his debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Acting Director, Office of Enforcement, Office of
Regulatory Affairs, under section 306(a)(2)(B) of the act, under
authority delegated to the Acting Director (Staff Manual Guide
1410.35), finds that Kevin Xu has been convicted of a felony under
Federal law for conduct relating to the regulation of a drug product
under the act.
    As a result of the foregoing finding, Mr. Xu is permanently
debarred from providing services in any capacity to a person with an
approved or pending drug product application under sections 505, 512,
or 802 of the act (21 U.S.C. 355, 360b, or 382), or under section 351
of the Public Health Service Act (42 U.S.C. 262), effective (see DATES)
(see section 306(c)(1)(B) and (c)(2)(A)(ii) and section 201(dd) of the
act (21 U.S.C. 321(dd))). Any person with an approved or pending drug
product application who knowingly employs or retains as a consultant or
contractor, or otherwise uses the services of Kevin Xu, in any capacity
during Mr. Xu's debarment, will be subject to civil money penalties
(section 307(a)(6) of the act (21 U.S.C. 335b(a)(6))). If Mr. Xu
provides services in any capacity to a person with an approved or
pending drug product application during his period of debarment he will
be subject to civil money penalties (section 307(a)(7) of the act). In
addition, FDA will not accept or review any abbreviated new drug
applications submitted by or with the assistance of Mr. Xu during his
period of debarment (section 306(c)(1)(B) of the act).
    Any application by Mr. Xu for special termination of debarment
under section 306(d)(4) of the act should be identified with Docket No.
FDA-2009-N-0286 and sent to the Division of Dockets Management (see
ADDRESSES). All such submissions are to be filed in four copies. The
public availability of information in these submissions is governed by
21 CFR 10.20(j).
    Publicly available submissions may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: March 15, 2010.
Brenda Holman,
Acting Director, Office of Enforcement, Office of Regulatory Affairs.
[FR Doc. 2010-8023 Filed 4-7-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register: April 8, 2009 (Volume 74, Number 66)]
[Notices]
[Page 16015-16016]
[DOCID:fr08ap09-110]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59682; File No. SR-BX-2009-018]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing of Proposed Rule Change To Modify Fees for Members Using the
NASDAQ OMX BX Equities System

April 1, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 25, 2009, NASDAQ OMX BX, Inc. (``BX'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    BX proposes to modify pricing for BX members using the NASDAQ OMX
BX Equities System. BX will implement this rule change on April 1,
2009. The text of the proposed rule change is available at http://
nasdaqomx.cchwallstreet.com/, at BX's principal office, and at the
Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, BX included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed

rule change. The text of these statements may be examined at the places
specified in Item IV below. BX has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    BX is proposing to modify its pricing for execution of orders in
securities listed on The NASDAQ Stock Market (``NASDAQ'') and the New
York Stock Exchange (``NYSE''). Specifically, BX will eliminate the
current $0.0020 per share executed credit for orders that provide
liquidity through BX, and will instead institute a $0.0006 per share
executed credit for orders that access liquidity in securities priced
at $1 or more per share. BX currently charges $0.0014 for such orders.
For securities priced at less than $1, the fee will remain 0.1% of the
total cost of the transaction. Fees and credits to access and provide
liquidity in securities listed on exchanges other than Nasdaq and NYSE
will remain unchanged.
    Since its launch on January 16, 2009, BX has begun to acquire
market share in U.S. equities trading, a move accelerated by
promotional price reductions introduced in March 2009 that made the net
cost of trading a share on BX (i.e., the difference between the fee to
access and the credit to provide liquidity) negative six cents per one
hundred shares. BX has observed, however, that widespread reductions in
the quoted prices of cash equities have increased the relative costs of
accessing liquidity by making bid-ask spreads account for a greater
percentage of that cost. Members have become more focused than ever on
paying the lowest possible cost when accessing liquidity. Accordingly,
BX is eliminating its credit for liquidity provision and instead
introducing a credit for accessing liquidity. The net cost of trading a
share remains negative six cents per one hundred shares. As with the
pricing introduced in March 2009 (which continues for securities listed
on exchanges other than NASDAQ and NYSE), the pricing structure will
remain in effect for a limited promotional period, the exact duration
of which will be determined by BX based on the effect of the pricing on
members' use of BX's execution services.
2. Statutory Basis
    BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\3\ in general, and with Section
6(b)(4) of the Act,\4\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which BX operates or controls. The proposed fee change applies
uniformly to all BX members. The impact of the changes upon a
particular market participant will depend upon the order types that it
uses and the prices of its quotes and orders (i.e., its propensity to
add or remove liquidity). BX notes that it operates in a highly
competitive market in which market participants can readily direct
order flow to competing venues if they deem fee levels at a particular
venue to be excessive. The proposed changes will lower the cost of
accessing liquidity through BX, while maintaining the net cost of a
trade at a constant level.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f.
    \4\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    BX does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \5\ and subparagraph (f)(2) of Rule 19b-4
thereunder.\6\ At any time within 60 days of the filing of the proposed
rule change, the Commission may summarily abrogate such rule change if
it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \6\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BX-2009-018 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BX-2009-018. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml.) Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing will also be available for
inspection and copying at the principal office of the self-regulatory
organization. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-BX-
2009-018 and should be submitted on or before April 29, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-7869 Filed 4-7-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Notices]
[Pages 3754-3755]
[FR Doc No: 2012-1470]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 5042-001]

Boise Project Board of Control; Notice of Application Accepted
for Filing, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Types of Application: Non-Capacity Amendment of a Conduit
Exemption.
    b. Project No.: 5042-001.
    c. Date Filed: December 15, 2011.
    d. Applicant: Boise Project Board of Control.
    e. Name of Project: Fargo Drop No. 1 Hydroelectric Project.
    f. Location: On the Exemptee's Wilder Irrigation District water
supply system, near the town of Wilder, in Canyon County, Idaho.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Paul Deveau, Manager, Boise Project Board of
Control, 2465 Overland Road, Boise, ID 83705-3155, and Albert P.
Barker, Barker Rosholt & Simpson, 1010 W. Jefferson Street, Suite 102,
Boise, ID 83701.
    i. FERC Contact: Mrs. Anumzziatta Purchiaroni,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests, is 30 days from the issuance date of this notice. All
documents may be filed electronically via the Internet. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at http://www.ferc.gov/docs-filing/efiling.asp. If unable to be filed
electronically, documents may be paper-filed. To paper-file, an
original and seven copies should be mailed to: Secretary, Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426. Commenters can submit brief comments up to 6,000 characters,
without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and
contact information at the end of your comments.
    Please include the project number (P-5042-001) on any comments,
motions, or recommendations filed.
    k. Description of proposed amendment: The authorized but
unconstructed project consists of: An inlet structure within the
western bank of the Deer Flat low line canal; a 42 inch diameter, 900
foot long penstock; a powerhouse to contain two generating units with a
combined rated capacity of 650 kW; a tailrace discharging directly into
the Fargo High line canal. Now the exemptee proposes a design change
that includes two horizontal Francis turbines and a single horizontal
generator on a common shaft. The nameplate capacity of the project
would increase from 650 kW to 1,100 kW, and the hydraulic capacity
would increase from 100 cfs to 110 cfs. The proposed changes will not
involve any change in the volume of water currently diverted for
irrigation and will generate power using only water released for
irrigation purposes.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document. You may also
register online

at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via
email of new filings and issuances related to this or other pending
projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
214. In determining the appropriate action to take, the Commission will
consider all protests or other comments filed, but only those who file
a motion to intervene in accordance with the Commission's Rules may
become a party to the proceeding. Any comments, protests, or motions to
intervene must be received on or before the specified comment date for
the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the license surrender.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: January 19, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-1470 Filed 1-24-12; 8:45 am]
BILLING CODE 6717-01-P