Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 487 

Accession Number: 20111227–5121. 

Comments Due: 5 p.m. ET 1/17/12. 

Docket Numbers: ER12–700–000. 

Applicants: Central Vermont Public 

Service Corporati, ISO New England 

Inc. 

Description: CVPS, ISO–NE and 

Public Serv. Co of NH Local Service 

Agreement No. 69 to be effective 1/1/ 

2012. 

Filed Date: 12/28/11. 

Accession Number: 20111228–5011. 

Comments Due: 5 p.m. ET 1/18/12. 

Docket Numbers: ER12–701–000. 

Applicants: New York Independent 

System Operator, Inc. 

Description: NYISO Tariff Revisions 

re: Coordinated Transaction Scheduling 

to be effective 12/31/9998. 

Filed Date: 12/28/11. 

Accession Number: 20111228–5026. 

Comments Due: 5 p.m. ET 1/18/12. 

Docket Numbers: ER12–702–000. 

Applicants: PacifiCorp. 

Description: PacifiCorp submits tariff 

filing per 35.15: Termination of CEP 

Funding Point to Point Transmission 

Agreements to be effective 1/12/2012. 

Filed Date: 12/28/11. 

Accession Number: 20111228–5035. 

Comments Due: 5 p.m. ET 1/18/12. 

Docket Numbers: ER12–703–000. 

Applicants: PJM Interconnection, 

L.L.C. 

Description: PJM Interconnection, 

L.L.C. submits tariff filing per 

35.13(a)(2)(iii: Original Service 

Agreement No. 3168 ? PJM Queue # 

W2–049 to be effective 11/28/2011. 

Filed Date: 12/28/11. 

Accession Number: 20111228–5065. 

Comments Due: 5 p.m. ET 1/18/12. 

Docket Numbers: ER12–704–000. 

Applicants: Pacific Gas and Electric 

Company. 

Description: Pacific Gas and Electric 

Company submits tariff filing per 

35.13(a)(2)(iii: Lathrop Irrigation District 

IA and WDT SA to be effective 1/1/ 

2012. 

Filed Date: 12/28/11. 

Accession Number: 20111228–5077. 

Comments Due: 5 p.m. ET 1/18/12. 

Docket Numbers: ER12–705–000. 

Applicants: ITC Midwest LLC. 

Description: ITC Midwest LLC 

submits tariff filing per 35.13(a)(2)(iii: 

Filing of a Notice of Succession to be 

effective 2/28/2012. 

Filed Date: 12/28/11. 

Accession Number: 20111228–5079. 

Comments Due: 5 p.m. ET 1/18/12. 

Take notice that the Commission 

received the following public utility 

holding company filings: 

Docket Numbers: PH12–5–000. 

Applicants: The AES Corporation. 

Description: FERC–65B Notice of 

Material Change in Facts for The AES 

Corporation. 

Filed Date: 12/28/11. 

Accession Number: 20111228–5029. 

Comments Due: 5 p.m. ET 1/18/12. 

The filings are accessible in the 

Commission’s eLibrary system by 

clicking on the links or querying the 

docket number. 

Any person desiring to intervene or 

protest in any of the above proceedings 

must file in accordance with Rules 211 

and 214 of the Commission’s 

Regulations (18 CFR 385.211 and 

385.214) on or before 5 p.m. Eastern 

time on the specified comment date. 

Protests may be considered, but 

intervention is necessary to become a 

party to the proceeding. 

eFiling is encouraged. More detailed 

information relating to filing 

requirements, interventions, protests, 

service, and qualifying facilities filings 

can be found at: http://www.ferc.gov/ 

docs-filing/efiling/filing-req.pdf. For 

other information, call (866) 208–3676 

(toll free). For TTY, call (202) 502–8659. 

Dated: December 28, 2011. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2011–33828 Filed 1–4–12; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. PA10–13–000] 

ITC Holdings Corp.; Notice of Paper 

Hearing Procedure 

Take notice that on October 31, 2011, 

ITC Holdings Corp. and ITC Midwest 

LLC (collectively, ITC) filed a request 

for Commission review of certain 

findings and recommendations in the 

September 30, 2011 Audit Report (Audit 

Report) in this docket issued by the 

Director of the Office of Enforcement 

under authority delegated to him by 

section 375.311 of the Commission’s 

regulations, 18 CFR 375.311 (2011). ITC 

submitted its request for review under 

Part 41 of the Commission’s regulations, 

18 CFR Part 41.2. In accordance with 

section 41.3, ITC requested the use of 

shortened procedures. Pursuant to 

section 41.3, the Commission directs the 

commencement of a paper hearing. The 

Commission further provides 

clarification on the scope of the paper 

hearing. 

ITC’s filing states that it challenges 

the Audit Report’s findings that ITC 

Midwest ‘‘improperly recovered from 

customers through formula rate billings 

amounts associated with the tax effects 

of amortized goodwill reported in 

Account 211, Miscellaneous Paid-In 

Capital. It also over-accrued its 

allowance for funds used during 

construction (AFUDC).’’ ITC also 

challenges recommendations 2–4 in the 

Audit Report: 

2. Remove the overstated equity 

amounts associated with the tax effects 

of amortized goodwill reported in 

Account 211. File all correcting entries 

and supporting documentation with the 

Division of Audits within 30 days of the 

issuance of a final audit report in this 

docket. 

3. Record and file, with supporting 

documentation, all correcting entries 

and calculations to correct all account 

balances affected by the over-accrual of 

AFUDC. 

4. Adjust formula rate billings, as 

appropriate, for amounts 

inappropriately recovered from 

customers associated with the tax effects 

of amortized goodwill and related overaccrual of AFUDC. Compute interest on 

the adjustments in accordance with 18 

CFR 35.19a. File a refund analysis with 

the Commission within 30 days of the 

issuance of a final audit report in this 

docket. 

The scope of the paper hearing is 

limited to these challenged findings and 

recommendations. 

In accordance with section 41.3, ITC 

and any other interested entity, 

including the Commission staff, shall 

file, within 45 days of this notice, an 

initial memorandum that addresses the 

relevant facts and applicable law that 

support the position or positions taken 

regarding the matters at issue. Reply 

memoranda may be filed by participants 

who filed initial memoranda. Reply 

memoranda must be filed within 20 

days of the due date for initial 

memoranda. Pursuant to section 41.3, 

subpart T of Part 385 of the 

Commission’s regulations shall apply to 

all filings. Further, pursuant to section 

41.4, each entity’s memorandum should 

set out the facts and argument as 

prescribed for briefs in 18 CFR 385.706 

(2011). Section 41.5 also requires that 

the facts stated in the memorandum 

must be sworn to by persons having 

knowledge thereof, which latter fact 

must affirmatively appear in the 

affidavit. 

eFiling is encouraged. More detailed 

information relating to filing 

requirements, interventions, protests, 

service, and qualifying facilities filings 

can be found at: http://www.ferc.gov/ 

docs-filing/efiling/filing-req.pdf. For 

other information, call (866) 208–3676 

(toll free). For TTY, call (202) 502–8659. 


emcdonald on DSK5VPTVN1PROD with NOTICES
488 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 

1 65 FR 6734 (February 10, 2000). 

2 66 FR 5002 (January 18, 2001). 

3 40 CFR 86.1834–01(b)(4)(ii) and 40 CFR 86.004– 

25(b)(4)(iii). 

4 Id. 

5 40 CFR 86.094(b)(6)(ii) and 86.1834–01(b)(6)(ii). 

Both sections present the following conditions as 

acceptable of having a reasonable likelihood that 

the maintenance item will be performed in-use: 

(A) Data are presented which establish for the 

Administrator a connection between emissions and 

vehicle performance such that as emissions increase 

due to lack of maintenance, vehicle performance 

will simultaneously deteriorate to a point 

unacceptable for typical driving. 

(B) Survey data are submitted which adequately 

demonstrate to the Administrator that, at an 80 

percent confidence level, 80 percent of such 

engines already have this critical maintenance item 

performed in-use at the recommended interval(s) 

Dated: December 29, 2011. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2011–33829 Filed 1–4–12; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9616–1] 

Control of Emissions From New 

Highway Vehicles and Engines; 

Approval of New Scheduled 

Maintenance for Selective Catalytic 

Reduction Technologies 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of approval. 

SUMMARY: This notice announces that 

EPA has granted certain diesel vehicle 

and engine manufacturers’ requests for 

approval of emission-related 

maintenance and scheduled 

maintenance intervals for replenishment 

of reducing agent in connection with 

their use of selective catalytic reduction 

(SCR) technologies. EPA’s approval 

pertains to the use of SCR with 2011 

and later model year (MY) diesel-fueled 

light-duty vehicles and light-duty trucks 

along with medium-duty passenger 

vehicles and chassis-certified diesel 

vehicles up to 14,000 pounds gross 

vehicle weight (GVW) and 2012 and 

later MY heavy-duty diesel engines. 

FOR FURTHER INFORMATION CONTACT: 

David Dickinson, Compliance Division, 

Office of Transportation and Air 

Quality, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

(6405J), NW., Washington, DC 20460. 

Telephone: (202) 343–9256. Fax: (202) 

343–2800. Email: 

dickinson.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA adopted new emission standards 

for light-duty vehicles on February 10, 

2000.1 At that time, EPA established an 

emission standard of 0.07 grams per 

mile for each manufacturer’s average 

full life NOX emissions of its vehicles in 

each model year. For heavy-duty 

vehicles and engines, EPA published a 

rule setting stringent new requirements 

on January 18, 2001.2 Among other 

requirements, the diesel engine NOX

emission standard was set at 0.20 grams 

per brake horsepower-hour (g/bhp-hr), 

to be phased-in between the 2007 and 

2010 model years. 

Diesel vehicle and engine 

manufacturers began planning to meet 

those requirements by optimizing 

engine designs for low emissions and 

adding high-efficiency aftertreatment 

systems. Manufacturers examined the 

use of several different types of NOX

reduction technologies, including NOX

absorbers, exhaust gas recirculation, and 

selective catalytic reduction (SCR). SCR 

systems use a nitrogen-containing 

reducing agent that usually contains 

urea and is known as diesel exhaust 

fluid (DEF). The DEF is injected into the 

exhaust gas upstream of a catalyst. For 

continued functioning of the systems, 

the reducing agent needs to be 

replenished periodically by refilling the 

DEF tank. 

Maintenance performed on vehicles, 

engines, subsystems, or components 

used to determine exhaust, evaporative, 

or refueling emission deterioration 

factors is classified as either emissionrelated or non-emission-related and 

scheduled or un-scheduled. Any 

emission-related scheduled 

maintenance must be technologically 

necessary to ensure in-use compliance 

with the emission standards. 

Manufacturers must demonstrate to EPA 

that all of the emission-related 

maintenance to be performed is 

technologically necessary and must be 

approved prior to being performed or 

being included in maintenance 

instructions provided to purchasers. 40 

CFR 86.094–25(b)(3), 86.094–25(b)(4), 

86.1834–01(b)(3) and 86.1834–01(b)(4) 

establish minimum allowable 

maintenance intervals for various 

emission-related technologies. EPA 

determined that emission-related 

maintenance for the specified 

technologies at intervals shorter than 

those listed in paragraphs (b)(3) and 

(b)(4) are not technologically necessary, 

except as provided for in paragraphs 

(b)(7). Paragraphs (b)(7) of those 

regulatory sections allows 

manufacturers to request new scheduled 

maintenance and maintenance intervals 

or a change to existing scheduled 

maintenance interval, including an 

interval shorter than that prescribed in 

paragraphs (b)(3) and (b)(4). For lightduty, medium-duty, and heavy-duty 

diesel-cycle engines, emission-related 

maintenance for certain emissionrelated components cannot occur before 

100,000 miles of use.3 Thereafter, 

emission-related maintenance cannot 

again occur before 100,000 mile 

intervals for light heavy-duty engines, or 

before 150,000 mile intervals for 

medium and heavy heavy-duty 

engines.4

Pursuant to 40 CFR 86.1834–01(b)(7), 

a manufacturer must submit a request to 

EPA for approval of any new scheduled 

maintenance that it wishes to perform 

during durability determination and 

recommend to purchasers. New 

scheduled maintenance is maintenance 

that did not exist prior to the 1980 

model year (such as DEF refills), 

including that which is the direct result 

of the implementation of new 

technology not found in production 

prior to the 1980 model year (such as 

SCR technology). In their approval 

requests to EPA, manufacturers are 

required to submit a variety of 

information, including a 

recommendation as to the maintenance 

category (i.e., emission-related or nonemission-related, and critical or noncritical). If the suggested maintenance is 

emission-related, manufacturers must 

indicate the maximum feasible 

maintenance interval. Manufacturers 

must also provide detailed evidence, 

data, or other substantiation supporting 

the need for the new scheduled 

maintenance, the categorization of such 

maintenance, and the suggested 

interval, if the maintenance is emissionrelated. 

If EPA approves a request for new 

scheduled maintenance, the Agency 

then designates that maintenance as 

emission-related or non-emissionrelated. For emission-related 

maintenance, EPA will further designate 

that maintenance as critical or noncritical. A designation of critical 

maintenance will be made if the 

component receiving the maintenance 

meets the regulatory definition of 

critical emission-related component in 

40 CFR 86.1834–01(b)(6). Critical 

emission-related components include 

catalytic converters. 40 CFR 86.1834– 

01(b)(6) requires that critical emissionrelated maintenance must have a 

reasonable likelihood of being 

performed in use, as shown by the 

manufacturer.5 Examples of 


emcdonald on DSK5VPTVN1PROD with NOTICES