[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Notices]
[Page 61632]
[FR Doc No: 2018-26074]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9042-6]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa/ nepa/.

Weekly receipt of Environmental Impact Statements
Filed 11/19/2018 Through 11/23/2018
Pursuant to 40 CFR 1506.9.

    Notice: Section 309(a) of the Clean Air Act requires that EPA make
public its comments on EISs issued by other Federal agencies. EPA's
comment letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20180284, Draft Supplement, USFS, MT, Stonewall Vegetation
Project, Comment Period Ends: 01/14/2019, Contact: Laura Conway 406-
791-7739.
EIS No. 20180285, Draft, USFWS, WA, Skookumchuck Wind Energy Project
Proposed Habitat Conservation Plan and Incidental Take Permit for
Marbled Murrelet, Bald Eagle, and Golden Eagle, Lewis and Thurston
Counties, Washington, Comment Period Ends: 01/14/2019, Contact: Tim
Romanski<PHONE_NUMBER>.
EIS No. 20180286, Draft, BLM, ID, Caldwell Canyon Mine and Reclamation
Plan, Comment Period Ends: 01/14/2019, Contact: Bill Volk<PHONE_NUMBER>.
EIS No. 20180287, Final, UDOT, UT, I-15, Payson Main Street
Interchange, Review Period Ends: 12/31/2018, Contact: Naomi Kisen 801-
965-4005.
EIS No. 20180288, Final, OSM, MT, Western Energy Company's Rosebud Mine
Area F, Review Period Ends: 12/31/2018, Contact: Logan Sholar 303-293-
5036.
EIS No. 20180289, Draft, USFS, AZ, Fossil Creek Wild and Scenic River
Comprehensive River Management Plan, Comment Period Ends: 02/28/2019,
Contact: Marcos Roybal<PHONE_NUMBER>.
EIS No. 20180290, Draft, BR, CA, Mendota Pool Group 20-Year Exchange
Program, Comment Period Ends: 01/14/2019, Contact: Rain Emerson 559-
262-0335.
EIS No. 20180291, Draft, BLM, UT, The Sevier Playa Potash Project,
Utah, Comment Period Ends: 01/14/2019, Contact: Clara Stevens 435-743-
3119.

    Dated: November 27, 2018.
Robert Tomiak,
Director, Office of Federal Activities.
[FR Doc. 2018-26074 Filed 11-29-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Notices]
[Page 3773]
[FR Doc No: 2019-02144]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP18-512-000; CP18-513-000]

Corpus Christi Liquefaction Stage III, LLC; Corpus Christi
Liquefaction, LLC; and Cheniere Corpus Christi Pipeline, L.P.; Notice
of Revised Schedule for Environmental Review of the Stage 3 Project

    This notice identifies the Federal Energy Regulatory Commission
staff's revised schedule for the completion of the environmental
assessment (EA) for the Corpus Christi Liquefaction Stage III, LLC,
Corpus Christi Liquefaction, LLC, and Cheniere Corpus Christi Pipeline,
L.P. (collectively, Cheniere) Stage 3 Project. The first notice of
schedule, issued on August 31, 2018, identified February 8, 2019 as the
EA issuance date. The previous notice states, however, that the
forecasted schedule was based upon Cheniere providing complete and
timely responses to any data requests. In its partial data request
responses filed in December 2018 and January 2019, Cheniere states that
it does not plan to file the outstanding information until February 7
and 22, 2019, respectively. As a result, staff has revised the schedule
for issuance of the EA. The revised schedule for the EA is based upon
Cheniere meeting its commitment to provide complete responses to
outstanding data requests on the dates it has identified.

Schedule for Environmental Review

Issuance of EA: March 29, 2019
90-day Federal Authorization Decision Deadline: June 27, 2019

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of all formal issuances and submittals in specific dockets,
the Commission offers a free service called eSubscription. This can
reduce the amount of time you spend researching proceedings by
automatically providing you with notification of these filings,
document summaries, and direct links to the documents. Go to
www.ferc.gov/docs-filing/esubscription.asp.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP18-512 and CP18-513), and follow the instructions. For assistance
with access to eLibrary, the helpline can be reached at<PHONE_NUMBER>,
TTY<PHONE_NUMBER>, or at<EMAIL_ADDRESS>The eLibrary link
on the FERC website also provides access to the texts of formal
documents issued by the Commission, such as orders, notices, and
rulemakings.

    Dated: February 7, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-02144 Filed 2-12-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Notices]
[Page 47922]
[FR Doc No: 2018-20531]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9041-4]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa/ nepa/.

Weekly receipt of Environmental Impact Statements
Filed 09/10/2018 Through 09/14/2018
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20180212, Final, USFS, IL, Cretaceous Hills Ecological
Restoration Project, Review Period Ends: 10/22/2018, Contact: Leonard
Pitcher<PHONE_NUMBER>
EIS No. 20180213, Draft, BLM, NV, Rossi Mine Expansion Project, Comment
Period Ends: 11/05/2018, Contact: Janice Stadelman<PHONE_NUMBER>
EIS No. 20180214, Draft, FRA, MS, Port Bienville Railroad Draft
Environmental Impact Statement, Comment Period Ends: 11/05/2018,
Contact: Kevin Wright<PHONE_NUMBER>
EIS No. 20180215, Draft, FERC, LA, Driftwood LNG Project Draft
Environmental Impact Statement, Comment Period Ends: 11/05/2018,
Contact: Kelley Munoz<PHONE_NUMBER>
EIS No. 20180216, Draft Supplement, DOS, NE, Draft Supplemental
Environmental Impact Statement Keystone XL Mainline Alternative Route,
Comment Period Ends: 11/05/2018, Contact: Marko Velikonja<PHONE_NUMBER>
EIS No. 20180217, Draft, BIA, CA, Draft Environmental Impact Statement,
Tule River Indian Tribe--Fee-to-Trust and Eagle Mountain Casino
Relocation Project, Comment Period Ends: 11/05/2018, Contact: Chad
Broussard<PHONE_NUMBER>
EIS No. 20180218, Draft Supplement, BR, CA, California WaterFix EIS
EIR, Comment Period Ends: 11/05/2018, Contact: Brooke White 916-414-
2402
EIS No. 20180219, Final, USACE, CA, Delta Islands and Levees Integrated
Feasibility Study and Environmental Impact Study, Review Period Ends:
10/22/2018, Contact: Anne Baker<PHONE_NUMBER>

Amended Notices

EIS No. 20180211, Final, NIGC, CA, ADOPTION--Wilton Rancheria, Review
Period Ends: 10/15/2018, Contact: Austin Badger<PHONE_NUMBER>. Revision
to the FR Notice Published 9/14/2018: The National Indian Gaming
Commission (NIGC) has adopted the U.S. Bureau of Indian Affairs Final
EIS No. 20160300, filed 12/08/2016 with the EPA. NIGC was not a
cooperating agency on this project. Therefore, recirculation of the
document is necessary under Section 1506.3(b) of the CEQ Regulations.

    Dated: September 17, 2018.
Robert Tomiak,
Director, Office of Federal Activities.
[FR Doc. 2018-20531 Filed 9-20-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 23, 2005 (Volume 70, Number 184)]
[Rules and Regulations]
[Page 55717-55723]
[DOCID:fr23se05-5]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 45

[Docket No. RM05-6-000; Order No. 664]

Commission Authorization To Hold Interlocking Positions

September 16, 2005.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The Federal Energy Regulatory Commission (Commission) is
amending its regulations to clarify the time frame within which
individuals must file applications for authorization to hold
interlocking positions, and the information provided in certain
informational reports required for automatic authorization of certain
interlocking positions.

EFFECTIVE DATE: The amended regulations will become effective October
24, 2005.

FOR FURTHER INFORMATION CONTACT:

James Akers (Technical Information), Office of Markets, Tariffs and
Rates, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER>.
Melissa Mitchell (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Before Commissioners: Joseph T. Kelliher, Chairman; Nora Mead Brownell,
and Suedeen G. Kelly.

    1. In this final rule, to meet its responsibility under section
305(b) of the Federal Power Act (FPA),\1\ the Commission amends part 45
of its regulations \2\ to clarify that individuals seeking Commission
authorization to hold interlocking positions must obtain such
authorization from the Commission prior to holding that interlocking
position. The Commission also clarifies the regulations to define

the term ``holding'' as acting as, serving as, voting as, or otherwise
performing or assuming the duties and responsibilities of the
interlocking positions requiring Commission authorization.
---------------------------------------------------------------------------

    \1\ 16 U.S.C. 825d(b).
    \2\ 18 CFR part 45.
---------------------------------------------------------------------------

    2. The Commission also amends its regulations to require that
individuals filing an informational report for automatic authorization
under section 45.9 of the Commission's regulations \3\ must file such
informational report prior to holding that interlocking position and
that the informational report must include a statement or affirmation
that the individual has not yet assumed the duties or responsibilities
of the position for which the automatic authorization is sought.
---------------------------------------------------------------------------

    \3\ 18 CFR 45.9.
---------------------------------------------------------------------------

Discussion

    3. Section 305(b) of the FPA prohibits individuals from
concurrently holding positions as an officer or director of more than
one public utility; or to hold the positions of officer or director of
a public utility and of an entity authorized by law to underwrite or
participate in the marketing of public utility securities \4\; or to
hold the positions of officer or director of a public utility and a
company supplying electrical equipment to that particular public
utility, unless the holding of such positions has been authorized by
the Commission upon a showing that neither public nor private interests
will be adversely affected thereby.
---------------------------------------------------------------------------

    \4\ However, section 305(b)(2) of the FPA exempts from this
prohibition certain interlocks between public utilities and
securities underwriters and marketers.
---------------------------------------------------------------------------

    4. The Commission implemented Congress' mandate in part 45 of the
Commission's regulations.\5\ Section 45.3 of the regulations currently
states that:
---------------------------------------------------------------------------

    \5\ 18 CFR part 45.

the holding of positions within the purview of [section 305(b)]
shall be unlawful unless the holding shall have been authorized by
order of the Commission. Nothing in this part shall be construed as
authorizing the holding of positions prior to the order of the
Commission on application therefore. Applications shall be filed
within 30 days after election or appointment to any positions within
the purview of section 305(b) of the Act.'' \6\
---------------------------------------------------------------------------

    \6\ 18 CFR 45.3.

The Commission has stated in previous orders that it does not look
favorably on late-filed applications for authorization to hold
interlocking positions.\7\
---------------------------------------------------------------------------

    \7\ William T. Coleman, 21 FERC ] 61,242 at 61,535 n.3 (1982).
---------------------------------------------------------------------------

    5. In examining Congress' intent in enacting section 305(b) of the
FPA, the Commission has explained that ``among the evils sought to be
eliminated by the enactment of section 305(b)'' was ``the lack of arm's
length dealings between public utilities and organizations furnishing
financial services or electrical equipment.'' \8\ In this regard, the
legislative history indicates that, with respect to section 305(b) of
the FPA, ``Congress exhibited a relentless interest in, bordering on an
obsession with, the evils of concentration of economic power in the
hands of a few individuals. It recognized that the conflicts of
interest stemming from the presence of the same few persons on boards
of companies with intersecting interests generated subtle and
difficult-to-prove failures in the arm's length bargaining process.''
\9\
---------------------------------------------------------------------------

    \8\ Paul H. Henson, 51 FERC ] 61,104 at 61,231 (1990), citing
John Edward Aldred, 2 FPC 247, 261 (1940).
    \9\ Hatch v. FERC, 654 F.2d 825, 831 (D.C. Cir. 1981) (Hatch),
citing, e.g. 79 Cong. Rec. 10379 (1935) (remarks of Representative
Lea), 79 Cong. Rec. 8524 (1935) (remarks of Sen. Norris), and 15
U.S.C. 79a(b)(2) (2000); see also Paul H. Henson, 51 FERC ] 61,104
at 61,230 n.5 (1990) (discussing this quotation).
---------------------------------------------------------------------------

    6. While the statute requires prior authorization to hold otherwise
proscribed interlocking positions, the regulations allow for
applications to be filed up to 30 days after election or appointment to
the interlocking position and also do not expressly address how
applications filed more than 30 days late should be treated. The
regulations do not allow for serving in the covered positions before
receiving Commission authorization. Therefore, in a Notice of Proposed
Rulemaking (NOPR) issued on March 25, 2005, the Commission proposed to
clarify section 45.3 of the Commission's regulations, to provide that
an application must be filed, and authorization granted, before a
person may hold otherwise proscribed interlocking positions, and that
late-filed applications will be denied.\10\
---------------------------------------------------------------------------

    \10\ See Commission Authorization to Hold Interlocking
Positions, Notice of Proposed Rulemaking, 70 Fed. Reg. 17,219 (April
5, 2005) FERC Stats. & Regs. ] 32,580 (2005).
---------------------------------------------------------------------------

    7. In addition to clarifying section 45.3, the Commission also
proposed to clarify section 45.9, which governs automatic authorization
for certain interlocking positions. Section 45.9 of the Commission's
regulations provides that a person seeking to hold the positions of (1)
an officer or director of a public utility and officer or director of
another public utility (or utilities), where the same holding company
owns, directly or indirectly, wholly or in part, the other public
utility, (2) an officer or director of two public utilities, if one
utility is owned, wholly or in part, by the other or (3) an officer or
director of more than one public utility, if such person is already
authorized under part 45 to hold different positions where the
interlock involves affiliated public utilities, may apply for
``automatic authorization'' to hold the interlocking positions.\11\ The
regulations require that, as a condition of such authorization, persons
seeking such authorization under section 45.9 must file with the
Commission an informational report containing the full name and
business address of the person requesting the authorization, the names
of all public utilities that the person holds or seeks to hold
positions with, the names of any other entity that the person serves as
an officer or director of and a brief description of those positions,
and an explanation of the corporate relationship between or among the
public utilities involved. The informational report is required to be
filed ``not later than 30 days after assuming the duties of the
position.'' \12\
---------------------------------------------------------------------------

    \11\ Automatic authorization is only for interlocking positions
between two or more public utilities; it does not authorize a person
to hold an interlocking position with, for example, an electrical
equipment supplier. For those interlocking positions, an application
under section 45.3 is required.
    \12\ 18 CFR 45.9(b).
---------------------------------------------------------------------------

    8. The NOPR proposed to clarify section 45.9 of the Commission's
regulations, to require that the informational reports required for
automatic authorization under section 45.9 must be filed with the
Commission prior to an officer or director assuming the duties and
responsibilities of the requested interlocking positions. The NOPR
proposed that individuals who file informational reports late will not
be entitled to automatic authorization under section 45.9, as the
individual will not have satisfied the condition of timely submission
of an informational report.
    9. Finally, the Commission requested, in the NOPR, comments on the
possibility of no longer granting entities (or individuals who serve as
officers or directors of entities) that have market-based rate
authority a waiver of the full requirements of part 45.
    10. The NOPR was published in the Federal Register \13\ on April 5,
2005. Comments were due on or before June 5, 2005.
---------------------------------------------------------------------------

    \13\ 70 FR 17,219 (April 5, 2005).
---------------------------------------------------------------------------

A. Prior Filing and Approval for Section 45.3 Applications

(i) Comments
    11. The California Electricity Oversight Board (CEOB) supports the
proposed rule and states that the proposed rule comports completely
with the Congressional intent behind

section 305(b) of the FPA and the public policy of preventing abuses
due to conflicts of interest. The CEOB argues that, under the language
of section 305(b), individuals who seek to hold interlocking positions
are prohibited from holding interlocking positions until the Commission
determines that ``neither public nor private interests will be
adversely effected.'' Based on this language, the CEOB supports the
Commission's proposed rule to require applicants to file with the
Commission prior to holding interlocking positions.
    12. The Midwest Independent Transmission System Operator, Inc.
(Midwest ISO) supports the proposed rule and states that requiring
applicants for interlocking positions to file for Commission
authorization prior to holding the interlocking positions will ensure
greater transparency in the nation's utility industry and promote and
preserve independence. The Midwest ISO also comments that the
Commission should expand the scope of the proposed rule to include
officers of non-jurisdictional utilities seeking to serve on the Board
of Directors of a regional transmission organization (RTO) or
independent system operator (ISO). The Midwest ISO states that allowing
officers of non-jurisdictional utilities to serve on the Boards of
Directors of RTOs and ISOs without prior Commission authorization
``opens the door to partial stakeholder Boards, and calls into question
a public utility's true independence.'' \14\ For these reasons, the
Midwest ISO supports the proposed rule and requests that the Commission
expand the scope of the existing rules.
---------------------------------------------------------------------------

    \14\ Midwest ISO Comments at 6.
---------------------------------------------------------------------------

    13. The Edison Electric Institute (EEI) opposes the proposed rule
and states that the existing rules adequately meet the requirements of
section 305(b).\15\ EEI argues that the existing rules strike a
reasonable balance between the requirements of section 305(b) and the
burden those requirements place on individuals and companies. While EEI
agrees that officers and directors need to comply with the Commission's
regulations, they ``are not aware of a widespread failure to comply''
with the regulations.\16\ EEI also states that it is important that the
Commission retain the 30-day window to file interlock applications
since requiring individuals to file for authorization prior to holding
interlocking positions would ``pose significant practical difficulties
and would disrupt the ability of public utilities and their affiliates
to maintain functioning boards of directors and officer corps in a
timely and effective manner.'' \17\ EEI argues that the danger of harm
from interlocks is small, and that other entities provide oversight of
corporate officers, including the Securities and Exchange Commission
and the New York Stock Exchange.\18\ In addition to arguing that the
30-day post-election timeframe is consistent with the statute, EEI
requests that the Commission extend the window within which an
individual may file from 30 days to 60 days after election or
appointment to a covered position.\19\
---------------------------------------------------------------------------

    \15\ American Electric Power Company (AEP), Northeast Utilities
Service Company (NUSCO), Pepco Holdings, Inc. (PHI Companies),
Consumers Energy Company (Consumers Energy) and Exelon Corporation
(Exelon) all support the comments filed by EEI.
    \16\ EEI Comments at 3.
    \17\ Id. at 14.
    \18\ Id. at 10-11.
    \19\ Id. at 16, 25.
---------------------------------------------------------------------------

    14. AEP, NUSCO, Reliant Energy Inc. (Reliant) and Consumers Energy
filed comments opposing the proposed rules. They state that requiring
applications prior to holding a covered position will make it difficult
for companies to fill officer or director vacancies in a timely fashion
and lead to an inefficient selection process with the likely result of
not selecting the most qualified individuals for the positions. This is
exacerbated, they claim, by the fact that the companies and individuals
often do not know in advance of election or appointment who will be
selected to serve as an officer or director.
(ii) Commission Determination
    15. The Commission will adopt the proposed regulations with one
modification. We revise the proposed section 45.3 to reflect that the
definition of the term ``holding'' applies throughout part 45 and not
just to section 45.3.
    16. The proposed regulations requiring that individuals apply for
and receive authorization to hold interlocking positions before holding
the positions will make the Commission's regulations consistent with
the statute. Section 305(b) states that no person may hold interlocking
positions ``unless the holding of such positions shall have been
authorized by order of the Commission * * *'' \20\
---------------------------------------------------------------------------

    \20\ 16 U.S.C. 825d(b)(1).
---------------------------------------------------------------------------

    17. The Commission disagrees that requiring such prior
authorization will make it difficult for companies to fill vacancies or
disrupt utilities' ability to maintain functioning boards. We find the
possibility that a board or officer corps would be faced with so many
vacancies at one time as to adversely effect a company's ability to
function very unlikely. While, as stated by EEI, the Commission may not
be the only entity that requires filing and approval of corporate
officers and directors to maintain corporate oversight, the Commission
was expressly charged by Congress with the responsibility to oversee
officers and directors of public utilities and we will not and cannot
delegate that responsibility to another entity.
    18. In response to EEI's comment that it ``is not aware of a
widespread failure to comply'' \21\ with section 305(b), section 305(b)
was intended to be prophylactic in nature and to prevent any abuse of
corporate positions and control. Furthermore, the fact that EEI may not
be ``aware of a widespread failure to comply'' \22\ with the statute
and regulations does not speak to the need to clarify the regulations
and bring them into conformity with the statute. The statute speaks of
prior authorization and that is what the regulations should require;
prior authorization, not 30 days and not 60 days after the fact.
---------------------------------------------------------------------------

    \21\ EEI Comments at 14.
    \22\ Id.
---------------------------------------------------------------------------

    19. In response to Midwest ISO's comments that the Commission
should expand the scope of the proposed regulations to include officers
of non-jurisdictional utilities seeking to serve on RTO or ISO boards,
the Commission finds that section 305(b) only limits interlocking
directorates involving public utility boards and does not authorize the
Commission to bar interlocking directorates involving non-public
utility boards of directors. The Midwest ISO request goes to the issue
of the independence of RTO and ISO boards. That issue is not within the
purview of section 305(b) or part 45 of the Commission's regulations,
and thus of this proceeding.

B. Prior Filing of Section 45.9 Informational Reports and Affirmation

(i) Comments
    20. EEI opposes the proposed change to section 45.9, requiring
individuals seeking automatic authorization to file their informational
report prior to holding the interlocking position, for the same reasons
explained above. Additionally, EEI requests that the Commission not
require an informational report in deference to the information
required on the annual Form 561.\23\ Furthermore, EEI requests that the
Commission clarify that section 45.9 applies to both registered and
exempt holding companies.\24\
---------------------------------------------------------------------------

    \23\ Id. at 5; see 18 CFR part 46.
    \24\ Id. at 21.

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

    21. Keyspan Corporation (Keyspan), AEP, Sempra Energy (Sempra),
NUSCO, Reliant, NiSource, Inc. (NiSource), PHI Companies and Exelon
filed comments opposing the proposed rules requiring individuals
seeking automatic authorization under section 45.9 of the regulations
to file their informational reports prior to holding the interlocking
positions and also requiring information on the dates the individual
assumed the interlocking positions. They state that requiring
informational reports prior to holding the positions would unduly
restrict corporate and personnel options and jeopardize companies'
effective participation in energy markets because changes on corporate
boards often occur suddenly and without prior notice. Therefore, they
argue that a requirement that individuals must file their informational
reports prior to holding interlocking positions would be unduly
burdensome. Sempra, Keyspan and NiSource state that the proposed rules
are inconsistent, requiring informational reports for automatic
authorization prior to holding interlocking positions and also
requiring additional information on when the individual assumed the
positions for which authorization is granted.\25\ NUSCO and AEP state
that additional information is not necessary as the currently required
informational report, together with the information required on Form
561, is sufficient.\26\ Exelon argues that the informational report is
duplicative of the information provided in Form 561 and therefore, the
informational report should be eliminated in lieu of Form 561.
---------------------------------------------------------------------------

    \25\ Sempra Comments at 3; Keyspan Comments at 3; NiSource
Comments at 5-6.
    \26\ AEP Comments at 5; NUSCO Comments at 3.
---------------------------------------------------------------------------

(ii) Commission Determination
    22. The Commission will adopt the proposed regulations, with two
exceptions, discussed below.
    23. Section 45.9 of the Commission's regulations requires that
individuals seeking automatic authorization need only file with the
Commission, in lieu of the application otherwise required, an
informational report stating the individual's name and business
address, the names of all public utilities with which the person
currently holds or will hold the positions of officer or director and a
description of those positions, the names of any other entity of which
the person serves as officer or director and a description of those
positions and a brief explanation of the corporate relationship between
or among the interlocking public utilities.\27\ Upon the filing of a
completed informational report under section 45.9, the individual is
automatically authorized to hold the interlocking positions listed in
the informational report. Form 561, in contrast, is an annual report
required by the Commission, and does not contain the same information.
The annual Form 561 is not intended nor could it be an appropriate
substitute for the need to make a contemporaneous filing to comply with
the requirements of part 45 of the Commission's regulations. Therefore,
the Commission finds that the informational reports filed under section
45.9 are not duplicative of Form 561 and it would not be appropriate to
rely solely on Form 561.
---------------------------------------------------------------------------

    \27\ See 18 CFR 45.9(c).
---------------------------------------------------------------------------

    24. Moreover, since the automatic authorization is granted upon
receipt of filed, completed informational reports, we do not agree that
requiring the informational report prior to holding interlocking
positions would be unduly burdensome or restrict a companies' corporate
and personnel options. Additionally, for those interlocking positions
covered by section 45.9, e.g., officers or directors of two or more
affiliated public utilities,\28\ it is a one-time filing requirement
and, once authorization has been given, no further filings are required
to hold further interlocking positions of the same type.\29\ Again,
therefore, the obligation to make such a filing is not unduly
burdensome.
---------------------------------------------------------------------------

    \28\ See 18 CFR 45.9(a); accord NOPR at P 8.
    \29\ See 18 CFR 45.9(b).
---------------------------------------------------------------------------

    25. In response to several comments that the proposed regulations
are inconsistent by requiring the identification of the date the
individual assumed the positions at issue in an informational report
filed prior to holding such positions, we agree. The intent behind the
proposed language was to provide the Commission with information to
assist in determining whether the informational report was timely filed
or not. Therefore, we will not require identification of the date the
individual assumed the positions at issue. Instead, we will require a
statement or affirmation that the individual has not yet performed or
assumed the duties or responsibilities of the position which
necessitated the filing of the informational report as of the date of
such report. We believe this requirement will provide the Commission
with the information it needs with the least burden upon the
applicants.
    26. We also provide additional clarifying language in section 45.9,
explaining that the informational report shall be filed prior to
performing or assuming the duties and responsibilities of the
interlocking position. Furthermore, we clarify that the informational
reports must also comply with the filing requirements outlined in
section 45.7.

C. Treatment of Existing Applications and of Late-Filed Applications

(i) Comments
    27. Many commentors state that the proposal to automatically deny
any late filed applications is unduly harsh.\30\ Exelon states that
automatic denial of late applications is ``draconian'' and urges the
Commission to consider another penalty for untimely applications, such
as a fine.\31\ Many commentors urge the Commission to continue
evaluating applications on a case-by-case basis, and to permit late
applications where the applicant made a good faith effort to file on
time.
---------------------------------------------------------------------------

    \30\ Sempra Comments at 4; Reliant Comments at 7.
    \31\ Exelon Comments at 3.
---------------------------------------------------------------------------

    28. EEI also argues that the Commission should not institute a rule
that automatically denies late-filed applications; rather, the
Commission should continue to evaluate late-filed applications on a
case-by-case basis, and also provide an amnesty period to allow
individuals to file applications under the current regulations and
further assure all individuals currently holding Commission authorized
interlocking positions that they will not need to refile under the new
rules.\32\
---------------------------------------------------------------------------

    \32\ EEI Comments at 23.
---------------------------------------------------------------------------

(ii) Commission Determination
    29. The Commission will adopt the proposed regulations.
    30. While many commentors stated that automatic denial of late-
filed applications is unduly harsh, the statute provides that
individuals seeking to hold interlocking positions must receive
Commission authorization prior to assuming the interlocking
positions.\33\ To permit individuals to hold interlocking positions
before receiving Commission authorization would frustrate section
305(b) and the prophylactic nature of section 305(b). Therefore, the
Commission will automatically deny all late-filed applications for
authorization to hold interlocking positions. As for an amnesty period,
we have long stressed the need to timely file,\34\ we repeated

the need to timely file in June 2004, \35\ and this NOPR has been
pending since March 25, 2005, and the regulations adopted here will not
become effective until 30 days from the date of publication in the
Federal Register. That is amnesty enough.
---------------------------------------------------------------------------

    \33\ Indeed, section 305(b) provides that ``it shall be unlawful
for any person to hold'' interlocking positions ``unless the holding
of such positions shall have been authorized by order of the
Commission.''
    \34\ See supra note 7.
    \35\ Order Advising Public Utilities and their Officers and
Directors of Federal Power Act Section 305(b) Obligations, 107 FERC
] 61,290 (2004).
---------------------------------------------------------------------------

    31. Regarding any currently pending applications for Commission
authorization to hold interlocking positions, the Commission intends to
act on these applications on a case-by-case basis. Regarding
individuals already authorized to hold interlocking positions, those
individuals need not refile under the new regulations to continue to
hold their previously authorized interlocking positions (unless and
until, of course, they seek to assume additional interlocking
positions).

D. Waiver of Full Requirements of Part 45 for Officers and Directors of
Sellers With Market-Based Rate Authority

(i) Comments
    32. EEI opposes any change that would cease waivers of the full
requirements of part 45 for persons who are officers of directors of
entities authorized to charge market-based rates, and to the contrary
requests that the Commission include such waivers in the regulations
rather than granting them on a case-by-case basis.\36\ EEI argues that
entities with market-based rates have already passed the Commissions
screens for market power and affiliate transactions, and therefore,
should not need to go through the duplicative process of having their
officers and directors file a full application under part 45 of the
Commission's regulations.\37\
---------------------------------------------------------------------------

    \36\ EEI Comments at 20.
    \37\ Id. at 8.
---------------------------------------------------------------------------

    33. Sempra, NUSCO, Reliant, Edison Mission Energy and Morgan
Stanley Capital Group, Inc. (Morgan Stanley) all filed comments
opposing the possibility that the Commission may cease granting waivers
of the full requirements of Part 45 in orders granting market-based
rate authority. They all state that companies that receive market-based
rate authority undergo significant scrutiny and must pass the
Commission's market power and affiliate abuse screens to ensure that
entities with market-based rate authority will not abuse any power they
may have. Morgan Stanley requests that the Commission clarify aspects
of the waivers, such as specifying the information required when filing
the abbreviated application and develop a standardized format to submit
the information to the Commission.\38\ Morgan Stanley also states that
the Commission should clarify that the abbreviated filings may be made
within 30 days of holding the interlocking positions.\39\ Finally,
Morgan Stanley states that, if the Commission eliminates the practice
of granting waivers of the full requirements of part 45, the Commission
should apply section 45.9 to power marketers.\40\
---------------------------------------------------------------------------

    \38\ Morgan Stanley Comments at 18.
    \39\ Id.
    \40\ Id. at 20.
---------------------------------------------------------------------------

(ii) Commission Determination
    34. The purpose of an application for authorization to hold
interlocking positions under part 45 is to allow the Commission to
review an individual officer or director's proposed interlock in order
to find that such individual's service with more than one company will
not adversely affect either public or private interests. The fact that
a particular company may have ``passed'' the Commission's market-based
rate screens says little about whether to grant authorization for an
individual officer or director to hold interlocking positions under
section 305(b). The Commission, moreover, does not consider part 45 to
be a burdensome regulation. Individuals that are officers or directors
of entities that do not have market-based rate authority must fulfill
the full requirements of part 45. The Commission sees no reason to
continue to treat these entities differently and, as a result, we
intend to no longer grant waivers of the full requirements of part 45
in our orders granting market-based rate authority. Rather, persons
seeking to hold interlocking positions will be required henceforth to
comply with the full requirements of part 45. Since we intend to no
longer grant such waivers, there is no need to address Morgan Stanley's
request for clarification.
    35. In response to Morgan Stanley's request that the Commission
should permit power marketers to apply for automatic authorization
under section 45.9, we do not grant the request. Allowing persons who
are officers or directors of power marketers to seek automatic
authorization under section 45.9, simply because such entities are
power marketers, would frustrate the prophylactic nature of section
305(b). Therefore, we will deny the request to permit individuals who
are officers or directors of power marketers to file for automatic
authorization under section 45.9 simply because such entities are power
marketers.
    36. With respect to an individual who currently is authorized to
hold interlocking positions, that individual will not need to refile
under the full requirements of part 45 to continue to hold such
interlocking positions (unless and until, of course, that individual
assumes different or additional interlocking positions).

E. Miscellaneous

(i) Comments
    37. EEI requests that the Commission ``indicate that an application
will be deemed approved if not acted on or flagged for Commission
action within 30 or 60 days after the application is filed.'' \41\ EEI
also requests that the Commission provide clarity and guidance as to
the factors it considers in reviewing interlocking position
applications, to further assist companies in their search for
appropriate and qualified officers and directors.\42\ To address all of
the concerns raised by EEI, it requests the Commission hold a technical
conference with industry members.\43\
---------------------------------------------------------------------------

    \41\ Id. at 18.
    \42\ Id. at 19.
    \43\ Id.
---------------------------------------------------------------------------

(ii) Commission Determination
    38. The Commission will amend the proposed regulatory text to
provide that absent Commission action within 60 days of filing a
completed application to hold interlocking positions, an application
will be deemed granted. However, the Commission will reserve the right
to revoke such authorization or require further proof that such
interlocking position will not adversely affect public nor private
interests.
    39. In response to EEI's request for clarity and guidance as to the
factors the Commission seeks to address in reviewing applications for
authorization to hold interlocking positions, the Commission directs
EEI, and all other interested parties, to the extensive case law on
this subject developed over the past 70 years.
    40. Finally, as we have answered all parties' comments and
concerns, we see no need to hold a technical conference to address such
matters.

Information Collection Statement

    41. The Office of Management and Budget (OMB) regulations require
that OMB approve certain reporting and recordkeeping requirements
(collections of information) imposed by an agency.\44\ The information
collection requirements in this final rule are identified under the
Commission's data collection, FERC-

520, ``Application for Authority to Hold Interlocking Positions.''
Under section 3507(d) of the Paperwork Reduction Act of 1995,\45\ the
reporting requirements in the subject rulemaking will be submitted to
OMB for review.
---------------------------------------------------------------------------

    \44\ 5 CFR 1320.11.
    \45\ 44 U.S.C. 3507(d).
---------------------------------------------------------------------------

    42. Respondents subject to the filing requirements of this final
rule will not be penalized for failing to respond to this collection of
information unless the collection of information displays a valid OMB
control number. ``Display'' is defined as publishing the OMB control
number in regulations, guidelines, forms or other issuances in the
Federal Register (for example, in the preamble or regulatory text for
the final rule containing the information collection.) \46\
---------------------------------------------------------------------------

    \46\ See 1 CFR 21.35; 5 CFR 1320.3(f)(3).
---------------------------------------------------------------------------

    Public Reporting Burden: In the NOPR, the Commission estimated that
requiring the additional information would have a minimal effect on
respondents but sought comments about the time and costs to comply with
the requirements. The Commission received fourteen comments on its NOPR
but none specifically addressing its estimates. Therefore, the
Commission will retain its initial estimates. However, several
commentors stated that requiring informational reports prior to persons
holding positions would be a burdensome task. Other commentors believe
that the information required in the informational reports duplicates
the information reported on the Commission's FERC Form 561. The
Commission has addressed these concerns elsewhere in the preamble of
this final rule. The Commission is submitting a copy of this final rule
to OMB for review and approval. In their notice of August 16, 2005, OMB
took no action on the NOPR, instead deferring their approval until
review of the final rule.
    Title: FERC-520 ``Application for Authority to Hold Interlocking
Positions''.
    Action: Proposed Data Collection.
    OMB Control Nos. 1902-0083.
    Respondents: Business or other for profit.
    Necessity of the Information: The information collected under the
requirements of FERC-520 is used by the Commission to implement the
statutory provisions of section 305(b) of the FPA and implemented by
the Commission in the Code of Federal Regulations under 18 CFR part 45.
Under part 45, each person that desires to hold interlocking
position(s) must submit an application to the Commission or, if
qualified, comply with the requirements for automatic authorization.
Section 305(b) of the FPA makes the holding of certain defined
interlocking positions unlawful unless the Commission has authorized
the holding of such interlocks, and requires the applicant to show, in
a form and manner as prescribed by the Commission, that neither public
nor private interests will be adversely affected by the holding of the
positions.
    43. The final rule clarifies: (1) The time at which a person must
apply for authorization to hold interlocking positions under section
305(b) of the FPA and part 45 of the Commission's regulations; (2)
clarifies automatic authorizations for certain interlocking positions
for which authorization is requested; and (3) requires a statement or
affirmation that an individual has not yet assumed the duties or
responsibilities of the position which necessitated the filing of an
informational report under section 45.9. It is necessary to make these
clarifications and have this statement or affirmation to ensure the
Commission receives timely submissions and also has sufficient
information to make a determination as to the appropriateness of
holding the interlocking positions.
    44. Interested persons may obtain information on this information
collection by contacting the following: Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, Attention:
Michael Miller, Officer of the Executive Director, phone: (202) 502-
8415, fax:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>    45. Comments concerning this information collection can be sent to
the Office of Management and Budget, Office of Information and
Regulatory Affairs, Washington, DC 20503 [Attention: Desk Officer for
the Federal Energy Regulatory Commission, phone:<PHONE_NUMBER>, fax:
(202) 395-7285.]

Environmental Analysis

    46. 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.\47\ As we
stated in the NOPR, the Commission has categorically excluded certain
actions from this requirement as not having a significant effect on the
human environment. Included in the exclusion are rules that are
procedural, ministerial, or internal management programs or
decisions,\48\ as well as actions under section 305(b) of the FPA.\49\
This Final Rule clarifies the time when, and information which, an
individual seeking Commission authorization to hold interlocking
positions must file. Therefore, this rule falls within the categorical
exemptions provided in the Commission's regulations, and, as a result,
neither an environmental impact statement nor an environmental
assessment is required.
---------------------------------------------------------------------------

    \47\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regulations Preambles 1986-1990 ] 30,783 (1987).
    \48\ 18 CFR 380.4(a)(1).
    \49\ 18 CFR 380.4(a)(16).
---------------------------------------------------------------------------

Regulatory Flexibility Act Analysis or Certification

    47. The Regulatory Flexibility Act of 1980 (RFA) \50\ generally
requires a description and analysis of final rules that will have a
significant economic impact on a substantial number of small
entities.\51\ The Commission is not required to make such analyses if a
rule would not have such an effect.
---------------------------------------------------------------------------

    \50\ 5 U.S.C. 601-12.
    \51\ The RFA definition of ``small entity'' refers to the
definition provided in the Small Business Act, which defines a
``small business concern'' as a business that is independently owned
and operated and that is not dominant in its field of operation. 15
U.S.C. 632. The Small Business Size Standards component of the North
American Industry Classification System defines a small electric
utility as one that, including its affiliates, is primarily engaged
in the generation, transmission, and/or distribution of electric
energy for sale and whose total electric output for the preceding
fiscal years did not exceed 4 MWh. 13 CFR 121.201.
---------------------------------------------------------------------------

    48. The Commission does not believe that this final rule would have
such an impact on small entities. Most persons affected by this final
rule are officers or directors of companies that do not fall within the
RFA's definition of a small entity. Further, this final rule does not
substantially change the current requirements and regulations that
persons who are officers and directors must comply with. Therefore, the
Commission certifies that this rule will not have a significant impact
on a substantial number of small entities.

Document Availability

    49. 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 p.m. Eastern Time) at 888 First Street, NE., Room 2A,
Washington, DC 20426.
    50. From the Commission's Home Page on the Internet, this
information is available in the Commission's document

management system, 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.
    51. User assistance is available for eLibrary and the Commission's
website during normal business hours. For assistance, please contact
FERC Online Support at 1-866-208-3676 (toll free) or<PHONE_NUMBER>
(email at FERCOnlineSupport@ferc.gov), or the Public Reference Room at
202-502-8371, TTY<PHONE_NUMBER> (e-mail at
public.referenceroom@ferc.gov).

Effective Date and Congressional Notification

    52. This Final Rule will take effect October 24, 2005. The
Commission has determined, with the concurrence of the Administrator of
the Office of Information and Regulatory Affairs, Office of Management
and Budget, that this rule is not a major rule within the meaning of
section 251 of the Small Business Regulatory Enforcement Fairness Act
of 1996.\52\ The Commission will submit this final rule to both houses
of Congress and the General Accountability Office.\53\
---------------------------------------------------------------------------

    \52\ See 5 U.S.C. 804(2).
    \53\ See 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------

List of Subjects in 18 CFR Part 45

    Electric utilities, Reporting and recordkeeping requirements.

    By the Commission.
Magalie R. Salas,
Secretary.

0
In consideration of the foregoing, the Commission amends part 45,
Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 45--APPLICATION FOR AUTHORITY TO HOLD INTERLOCKING POSITIONS

0
1. The authority citation for part 45 is revised to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352; 3 CFR 142.

0
2. Section 45.3 is revised to read as follows:

Sec.  45.3  Timing of filing application.

    (a) The holding of positions within the purview of section 305(b)
of the Act shall be unlawful unless the holding shall have been
authorized by order of the Commission. Nothing in this part shall be
construed as authorizing the holding of positions within the purview of
section 305(b) of the Act prior to order of the Commission on
application therefor. Applications must be filed and authorization must
be granted prior to holding any interlocking positions within the
purview of section 305(b) of the Act; late-filed applications will be
denied. The term ``holding'', as used in this part, shall mean acting
as, serving as, voting as, or otherwise performing or assuming the
duties and responsibilities of officer or director within the purview
of section 305(b) of the Act.
    (b) Absent Commission action within 60 days of a completed
application to hold interlocking positions, an application will be
deemed granted. Such authorization is subject to revocation by the
Commission after due notice to applicant and opportunity for hearing.
In any such proceeding, the burden of proof shall be upon the applicant
to show that neither public nor private interests will be adversely
affected by the holding of such positions.

0
3. In Sec.  45.9, paragraph (b) is revised and paragraph (c)(5) is
added to read as follows:

Sec.  45.9  Automatic authorization of certain interlocking positions.

* * * * *
    (b) Conditions of authorization. As a condition of authorization,
any person authorized to hold interlocking positions under this section
must submit, prior to performing or assuming the duties and
responsibilities of the position, an informational report in accordance
with paragraph (c) of this section, unless that person is already
authorized to hold interlocking positions of the type governed by this
section. Failure to timely file the informational report will
constitute a failure to satisfy this condition, and will constitute
automatic denial.
    (c) Informational report. * * *
    (5) A statement or an affirmation that the applicant has not yet
performed or assumed the duties or responsibilities of the position
which necessitated the filing of this informational report.

[FR Doc. 05-19002 Filed 9-22-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Notices]
[Page 33910]
[FR Doc No: 2017-15383]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9965-16-OA]

Local Government Advisory Committee: Request for Nominations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of request for nominations.

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

SUMMARY: EPA's Local Government Advisory Committee (LGAC) is a federal
advisory committee chartered in 1992 under the Federal Advisory
Committee Act (FACA) to advise the EPA Administrator ``from the field''
on a broad range of environmental issues impacting local governments.
Current LGAC committee members, and future qualified nominees, hold
either elected or non-elected/appointed positions and possess
leadership experience--whether managerial or technical/programmatic--in
the following contexts: Small community or township government (under
10,000 population); moderate-size or large city government; county
government; state government; and, tribal government.
    This notice solicits nominations to fill 10-15 vacancies on EPA's
LGAC--currently comprised of 35 individuals--beginning in July, 2017.
Vacancies are anticipated to be filled by September, 2017.

DATES: Nominations are reviewed on an ongoing basis. However, to be
considered for September 2017 appointments, nominations should be
submitted by August 10, 2017.

ADDRESSES: Submit nominations electronically to<EMAIL_ADDRESS>with a subject heading of `LGAC 2017 NOMINATION'. You may also submit
nominations by mail to: M. Frances Eargle, LGAC Designated Federal
Officer, Office of Congressional and Intergovernmental Relations
(OCIR), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue
NW., (MC1301A), Washington, DC 20460. Non-electronic submissions must
follow the same format and contain the same information.

FOR FURTHER INFORMATION CONTACT: M. Frances Eargle, Designated Federal
Officer for the LGAC, U.S. EPA; telephone<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Nominations: The credentials of all applicants/nominees will be
fully considered, but viable candidates must--at a minimum--fall within
the vocational/experiential parameters outlined in the Summary above.
In addition to experience in local and/or state government, additional
criteria to be considered may include: Experience with public-private
partnerships; coalition-building and grass-roots involvement;
implementation of environmental regulatory programs, whether federally-
delegated, state-required or locally-mandated, including permitting
programs, Brownfields, Superfund clean-up, air and water quality, and
solid waste management; and, rural and/or small community economic
development. Diversity in vocational/career background, including
private sector/industry experience, agricultural sector experience,
professional affiliations, and demonstrated familiarity with local,
regional and national environmental issues, also may be considered.
    LGAC members are appointed for 1-2 year terms and are eligible for
reappointment. The Committee meets several times a year, and the
Administrator may ask members to serve on Subcommittees and Workgroups
to develop reports and recommendations to address specific policy
issues. The average workload for members is approximately 5 to 8 hours
per month. While EPA is unable to provide compensation for services,
official Committee travel and related expenses (lodging, etc.) will be
fully reimbursed.
    Nominations can be submitted in electronic format (preferred) or in
hard copy format (see ADDRESSES section above). To be considered, all
nominations should include:
     Current contact information for the applicant/nominee,
including name, organization (and position within that organization),
current business address, email address, and daytime telephone number;
     Brief statement describing the nominee's interest in
serving on the LGAC;
     Resume and short biography (no more than 2 paragraphs)
describing professional, educational and other pertinent qualifications
of the nominee, including a list of relevant activities as well as any
current or previous service on advisory committees; and,
     Letter(s) of recommendation from a third party (or
parties) supporting the nomination. Letter(s) should describe how the
nominee's experience and knowledge will bring value to the work of the
LGAC.
    Other sources, in addition to this Federal Register notice, may be
utilized in the solicitation of nominees. EPA expressly values and
welcomes diversity. In an effort to obtain nominations of diverse
candidates, the agency encourages nominations of women and men of all
racial and ethnic groups. Individuals may self-nominate.

     Dated: June 30, 2017.
M. Arnita Hannon-Christmon,
Acting Director, State and Local Relations, Office of Congressional and
Intergovernmental Relations.
[FR Doc. 2017-15383 Filed 7-20-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: January 23, 2009 (Volume 74, Number 14)]
[Notices]
[Page 4286-4287]
[DOCID:fr23ja09-124]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Office of Hazardous Materials Safety; Notice of Application for
Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of Applications for Special Permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR Part 107,
Subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the 'Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft.

DATES: Comments must be received on or before February 23, 2009.
    Address Comments to: Record Center, Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Copies of the applications are
available for inspection in the Records Center, East Building, PHH-30,
1200 New Jersey Avenue, Southeast, Washington, DC or at http://
dms.dot.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on January 12, 2009.
Delmer F. Billings,
Director, Office of Hazardous Materials, Special Permits and Approvals.

                                               New Special Permits
----------------------------------------------------------------------------------------------------------------
                                                                   Regulation(s)       Nature of special permits
    Application No.       Docket No.          Applicant               affected                  thereof
----------------------------------------------------------------------------------------------------------------
14796-N...............  ..............  Chammas Cutters Inc.,  49 CFR 173.228.......  To authorize the
                                         Houston, TX.                                  transportation in
                                                                                commerce of non-DOT
                                                                                specification cylinders
                                                                                containing Bromine
                                                                                trifluoride. (modes 1, 2,
                                                                                3, 4, 5)
14797-N...............  ..............  Department of Energy,  49 CFR 173.416 and     To authorize the continued
                                         Washington, DC.        173.417.               use of DOT 6M packages
                                                                                for the transportation in
                                                                                commerce of radioactive
                                                                                materials. (mode 1)
14798-N...............  ..............  Cymaco NV............  49 CFR 173.302a(b)     To authorize the
                                                                and 180.205.           ultrasonic examination of
                                                                                certain DOT specification
                                                                                cylinders in lieu of the
                                                                                specified internal visual
                                                                                examination and
                                                                                hydrostatic pressure test
                                                                                and to allow the plus
                                                                                marking without
                                                                                determining the elastic
                                                                                expansion by the water
                                                                                jacket method. (modes 1,
                                                                                2, 3, 4, 5)
14799-N...............  ..............  Takata-Petri CCI.....  49 CFR 173.30 1(a)     To authorize the
                                                                and 173. 302a.         manufacture, marking,
                                                                                sale and use of non-DOT
                                                                                specification cylinders
                                                                                similar to a OT 39
                                                                                cylinder for use as
                                                                                components of safety
                                                                                systems. (modes 1, 2, 3,
                                                                                4)

14801-N...............  ..............  CVS Transportation,    49 CFR 171.8           To authorize the
                                         L.L.C., Woon-socket,   Materials of Trade.    transportation in
                                         RI.                                           commerce of certain
                                                                                hazardous materials as
                                                                                Materials of Trade when
                                                                                transported by a
                                                                                dedicated contract
                                                                                carrier and meet all the
                                                                                provisions of 49 CFR
                                                                                173.6. (mode 1)
14802-N...............  ..............  Sporting Arms and      49 CFR 173.6.........  To authorize the
                                         Ammunition                                    transportation in
                                         Manufacturers'                                commerce of certain
                                         Institute, Inc.                               Division 1.4S explosives
                                         Newtown, CT.                                  under the Materials of
                                                                                Trade exception in 49 CFR
                                                                                173.6. (mode 1)
----------------------------------------------------------------------------------------------------------------

 [FR Doc. E9-1176 Filed 1-22-09; 8:45 am]

BILLING CODE 4909-60-M


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on July 30, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-2002-12112

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  Global Supply Systems Limited						Date Filed:  July 7, 2003

Relief requested:

Renew exemption from 49 U.S.C. § 41301 to engage in charter foreign air
transportation of property and mail between any point or points in the
United Kingdom and any point or points in the United States, and other
all-cargo charters in accordance with Part 212 of the Department’s
rules.

Renew statement of authorization under 14 CFR Part 212 of the
Department’s rules to the extent necessary to permit Global Supply
Systems to wet lease aircraft, on a long-term basis, to British Airways
Plc. (BA) for the operation of BA’s scheduled and charter all-cargo
services.

If renewal, date and citation of last action:  August 21, 2002, in this
docket

Applicant representative: William C. Evans<PHONE_NUMBER>

DOT Analyst:  Gordon H. Bingham<PHONE_NUMBER>

Responsive pleadings:  None filed

	DISPOSITION

Action:  Approved									Action date:  July 30, 2003

Effective dates of authority granted:  July 30, 2003-July 30, 2004

Basis for approval (bilateral agreement/reciprocity):  Air Services
Agreement between the United States and the United Kingdom

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

X  Standard exemption conditions (attached)

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

					Attachment

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security;1

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

____________________________

1 To assure compliance with all applicable U.S. Government requirements
concerning security, the holder should, before commencing any new
service (including charter flights) from a foreign airport that would be
the holder’s last point of departure for the United States, contact
its Principal Security Inspector (PSI) to advise the PSI of its plans
and to find out whether the Transportation Security Administration has
determined that security is adequate to allow such airport(s) to be
served.

06/2003


[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84576-84577]
[FR Doc No: 2016-28268]

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

ENVIRONMENTAL PROTECTION AGENCY

[Petition Vl-2014-10; FRL-9955-61-Region 9]

Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Hu Honua Bioenergy Facility, LLC; Pepeekeo,
Hawaii

AGENCY: United States Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to a state
operating permit.

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

SUMMARY: Pursuant to Clean Air Act (CAA or Act), the EPA Administrator
signed an Order, dated September 14, 2016, denying a petition to object
to a CAA title V operating permit proposed by the Clean Air Branch,
Environmental Management Division, Hawaii Department of Health (HDOH)
for the Hu Honua Bioenergy Facility, LLC (Hu Honua) in Pepeekeo,
Hawaii. The Order constitutes a final action on the petition submitted
by the Law Office of Marc Chytilo, on behalf of Preserve Pepeekeo
Health & Environment (Petitioner), on September 15, 2014 (Petition). A
petitioner may seek judicial review in the United States Court of
Appeals for the appropriate circuit of those portions of the petition
which EPA denied. Any petition for review shall be filed within 60 days
from the date this notice appears in the Federal Register.

ADDRESSES: Copies of the Order, the Petition, and all pertinent
information relating thereto are on file at the following location: EPA
Region 9; Air Division; 75 Hawthorne Street; San Francisco, California
94105.

FOR FURTHER INFORMATION CONTACT: Gerardo Rios, Section Chief, Air
Permits Office, EPA Region 9, at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The CAA affords the EPA a 45-day period to
review and, as appropriate, the authority to object to operating
permits proposed by state permitting authorities under title V of the
CAA, 42 U.S.C. 7661-7661f. Section 505(b)(2) of the CAA and 40 CFR
70.8(d) authorize any person to petition the EPA Administrator to
object to a title V operating permit within 60 days after the
expiration of the EPA's 45-day review period if the EPA has not
objected on its own initiative. Petitions must be based only on
objections to the permit that were raised with reasonable specificity
during the public comment period provided by the state, unless the
petitioner demonstrates that it was impracticable to raise these issues
during the comment period or the grounds for the issues arose after
this period.
    On September 15, 2014, the EPA received a Petition dated September
13, 2014, pursuant to section 505(b)(2) of the CAA, 42 U.S.C.
7661d(b)(2), and 40 CFR 70.8(d). The Petition requested that the EPA
object to the title V operating permit proposed on March 14, 2014 by
HDOH, for the Hu Honua Bioenergy Facility, which is an electricity
generating facility that consists primarily of a single biomass-fired
steam boiler. On February 18, 2016, HDOH issued a final permit for Hu
Honua, identified as Amendment of Covered Source Permit Number 0724-01-
C, pursuant to Hawaii's Administrative Rules at Title 11, Chapter 60.1,
Air Pollution Control.
    The Petitioner requested that EPA object to the above referenced
permit based on the following ten claims: (1) HDOH has failed to
satisfy the public participation requirements of the Act, title V
regulations, and state law; (2) permit limitations for criteria
pollutants are not practically enforceable; (3) emissions limitations
for hazardous air pollutants (HAPs) are not federally or practically
enforceable; (4) emissions factors for HAPs are unacceptable; (5) the
permit does not explicitly preclude affirmative defenses; (6) the
monitoring report requirements are not practically enforceable; (7)
there is no requirement for monitoring, recording, and reporting flow
meter data; (8) special condition E6 concerning semi-annual reporting
is ambiguous; (9) the permit fails to address greenhouse gas emissions;
and (10) HDOH failed to estimate emissions from malfunction or upset
conditions.
    On September 14, 2016, the Administrator issued an Order denying
each of the claims raised in the Petition. The Order explains the EPA's
rationale for denying the petition. No modification or replacement of
the above referenced permit is required as a result of this Order.

    Dated: November 3, 2016.
Elizabeth Adams,
Acting Director, Air Division, Region IX.
[FR Doc. 2016-28268 Filed 11-22-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 205 (Monday, October 24, 2016)]
[Notices]
[Pages 73124-73125]
[FR Doc No: 2016-25580]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3377-EM; Docket ID FEMA-2016-0001]

Florida; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of an
emergency for the State of Florida (FEMA-3377-EM), dated October 6,
2016, and related determinations.

EFFECTIVE DATE: October 6, 2016.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated October 6, 2016, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in the State of
Florida resulting from Hurricane Matthew beginning on October 3,
2016, and continuing, are of sufficient severity and magnitude to
warrant an emergency declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(``the Stafford Act''). Therefore, I declare that such an emergency
exists in the State of Florida.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide assistance for emergency protective measures
(Category B), limited to direct Federal assistance, under the Public
Assistance program.
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs. 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 emergency
assistance and administrative expenses.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended, Terry L.
Quarles, of FEMA is appointed to act as the Federal Coordinating
Officer for this declared emergency.
    The following areas of the State of Florida have been designated as
adversely affected by this declared emergency:

    Baker, Brevard, Broward, Citrus, Clay, Duval, Flagler, Glades,
Hendry, Hernando, Highlands, Indian River, Lake, Marion, Martin,
Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach,
Polk, Putnam, Seminole, St. Johns, St. Lucie, and Volusia Counties
for emergency protective measures (Category B), limited to direct
federal assistance, under the Public Assistance 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 Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-25580 Filed 10-21-16; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Notices]
[Pages 47916-47918]
[FR Doc No: 2023-15671]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0039]

Intertek Testing Services NA, Inc.: Grant of Expansion of
Recognition and Modification to the NRTL Program's List of Appropriate
Test Standards

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the final decision to expand
the scope of recognition for Intertek Testing Service NA, Inc., as a
Nationally Recognized Testing Laboratory (NRTL). Additionally, OSHA
announces the final decision to add one test standard to the NRTL
Program's List of Appropriate Test Standards.

DATES: The expansion of the scope of recognition becomes effective on
July 25, 2023.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor; telephone<PHONE_NUMBER>
or email [email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor; telephone
(202) 693-2300 or email [email protected].

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of
recognition of Intertek Testing Services NA, Inc. (ITSNA) as a NRTL.
ITSNA's expansion covers the addition of eighteen test standards to the
NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by the
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the

product-testing and product-certification activities for test standards
within the NRTL's scope. Recognition is not a delegation or grant of
government authority; however, recognition enables employers to use
products approved by the NRTL to meet OSHA standards that require
product testing and certification.
    The agency processes an application by a NRTL for initial
recognition and for an expansion or renewal of this recognition,
following requirements in Appendix A, 29 CFR 1910.7. This appendix
requires that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides the preliminary finding. In the second notice,
the agency provides the final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational web page for each NRTL,
including ITSNA, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    ITSNA submitted two applications, one dated October 31, 2018 (OSHA-
2007-0039-0040), requesting the addition of twenty-three test standards
to the NRTL scope of recognition and a second application, dated April
24, 2020 (OSHA-2007-0039-0041), requesting the addition of seven test
standards to the NRTL scope of recognition. The first application was
amended on April 5, 2023, to remove five standards from the original
request (OSHA-2007-0039-0042). The second application was amended on
December 9, 2022, to remove four standards from the original request
(OSHA-2007-0039-0043). The first application was revised again on May
10, 2023, to remove three standards from the original application
(OSHA-2007-0039-0045). This notice covers the remaining eighteen test
standards across both applications. OSHA did not perform any on-site
reviews in relation to these applications.
    OSHA published the preliminary notice announcing ITSNA's expansion
application in the Federal Register on May 24, 2023 (88 FR 33651). The
agency requested comments by June 8, 2023, but it received no comments
in response to this notice. OSHA is now proceeding with this final
grant of expansion of ITSNA's NRTL recognition.
    To obtain or review copies of all public documents pertaining to
the ITSNA applications, go to http://www.regulations.gov or contact the
Docket Office, Occupational Safety and Health Administration, U.S.
Department of Labor. Docket No. OSHA-2007-0039 contains all materials
in the record concerning ITSNA's recognition. All submissions,
including copyrighted material, are available for inspection through
the OSHA Docket Office. Contact the OSHA Docket Office at (202) 693-
2350 for assistance in locating docket submissions.

II. Final Decision and Order

    OSHA staff examined ITSNA's expansion applications, its capability
to meet the requirements of the test standards, and other pertinent
information. Based on its review of this evidence, OSHA finds that
ITSNA meets the requirements of 29 CFR 1910.7 for expansion of its
recognition, subject to the limitations and conditions listed in this
notice. OSHA, therefore, is proceeding with this final notice to grant
ITSNA's expanded scope of recognition. OSHA limits the expansion of
ITSNA's recognition to testing and certification of products for
demonstration of conformance to the test standards listed below in
Table 1.

 Table 1--Appropriate Test Standards for Inclusion in ITSNA's NRTL Scope
                             of Recognition
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
UL 283.......................  Air Fresheners and Deodorizers.
UL 1340......................  Hoists.
UL 1598C.....................  Standard for Light Emitting Diode (LED)
                                Retrofit Luminaire Conversion Kits.
UL 2208......................  Solvent Distillation Units.
UL 3730 *....................  Standard for Photovoltaic Junction Boxes.
UL 4703......................  Standard for Photovoltaic Wire.
UL 60335-2-40................  Household and Similar Electrical
                                Appliances, Part 2: Particular
                                Requirements for Electrical Heat Pumps,
                                Air-Conditioners and Dehumidifiers.
UL 60079-25..................  Explosive Atmospheres--Part 25:
                                Intrinsically Safe Electrical Systems.
UL 60079-28..................  Standard for Explosive Atmospheres--Part
                                28: Protection of Equipment and
                                Transmission Systems Using Optical
                                Radiation.
UL 60079-31..................  Standard for Explosive Atmospheres--Part
                                31: Equipment Dust Ignition Protection
                                Enclosure ``t''.
UL 60730-1...................  Automatic Electrical Controls--Part 1:
                                General Requirements.
UL 60730-2-5.................  Automatic Electrical Controls for
                                Household and Similar Use--Part 2-5:
                                Particular Requirements for Laboratory
                                Equipment for the Automatic Electrical
                                Burner Control Systems.
UL 61010-2-081...............  Safety Requirements for Electrical
                                Equipment for Measurement, Control and
                                Laboratory Use--Part 2-081: Particular
                                Requirements for Automatic and Semi-
                                Automatic Laboratory Equipment for
                                Analysis and Other Purposes.
UL 61010-2-091...............  Standard for Safety Requirements for
                                Electrical Equipment for Measurement,
                                Control and Laboratory Use--Part 2-091:
                                Particular Requirements for Cabinet X-
                                Ray Systems.
UL 61010-2-101...............  Safety Requirements for Electrical
                                Equipment for Measurement, Control and
                                Laboratory Use--Part 2-101: Particular
                                Requirements for In Vitro Diagnostic
                                (IVD) Medical Equipment.
UL 2054......................  Standard for Household and Commercial
                                Batteries.
UL 60730-2-8.................  Automatic Electrical Controls for
                                Household and Similar Use; Part 2:
                                Particular Requirements for Electrically
                                Operated Water Valves, Including
                                Mechanical Requirements.
UL 62841-1...................  Electric Motor-Operated Hand-Held Tools,
                                Transportable Tools and Lawn and Garden
                                Machinery--Safety--Part 1: General
                                Requirements.
------------------------------------------------------------------------
* Represents the standard that OSHA will add to the NRTL Program's List
  of Appropriate Test Standards.

    In this notice, OSHA also announces the final decision to add one
new test standard to the NRTL Program's List of Appropriate Test
Standards. Table 2, below, lists the standard that is new to the NRTL
Program. OSHA has determined that this test standard is an appropriate
test standard and will add

it to the NRTL Program's List of Appropriate Test Standards.

   Table 2--Test Standard OSHA Will Add to the NRTL Program's List of
                       Appropriate Test Standards
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
UL 3730......................  Standard for Photovoltaic Junction Boxes.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, a
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. However,
for convenience, we may use the designation of the standards-developing
organization for the standard as opposed to the ANSI designation. Under
the NRTL Program's policy (see OSHA Instruction CPL 01-00-004, Chapter
2, Section VIII), any NRTL recognized for a particular test standard
may use either the proprietary version of the test standard or the ANSI
version of that standard. Contact ANSI to determine whether a test
standard is currently ANSI-approved.

A. Conditions

    Recognition is contingent on continued compliance with 29 CFR
1910.7, including, but not limited to, abiding by the following
conditions of the recognition:
    1. ITSNA must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as a NRTL, and provide details of the
change(s);
    2. ITSNA must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
    3. ITSNA must continue to meet the requirements for recognition,
including all previously published conditions on ITSNA's scope of
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
scope of recognition of ITSNA as a NRTL, subject to the limitations and
conditions specified above. OSHA additionally adds one test standard to
the NRTL Program's List of Appropriate Test Standards.

III. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice. Accordingly, the agency is issuing this notice pursuant to 29
U.S.C. 657(g)(2), Secretary of Labor's Order No. 8-2020 (85 FR 58393,
Sept. 18, 2020), and 29 CFR 1910.7.

    Signed at Washington, DC, on July 18, 2023.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-15671 Filed 7-24-23; 8:45 am]
BILLING CODE 4510-26-P