1144 Federal Register / Vol. 76, No. 5 / Friday, January 7, 2011 / Notices 

the principles set forth in the Executive 

Order. The Secretary has determined 

that this regulatory action is not 

significant under section 3(f) of the 

Executive Order. 

This notice has been reviewed in 

accordance with Executive Order 12866. 

Under the terms of the order, we have 

assessed the potential costs and benefits 

of this proposed regulatory action. 

The potential costs associated with 

this proposed regulatory action are 

those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering this program effectively 

and efficiently. 

In assessing the potential costs and 

benefits—both quantitative and 

qualitative—of this proposed regulatory 

action, we have determined that the 

benefits of the proposed priorities, 

requirements, definitions, and selection 

criteria justify the costs. 

More specifically, Title I, Part A of the 

ESEA requires States to annually assess 

the English language proficiency of 

English learners. The English language 

proficiency assessment systems to be 

developed under the proposed priority 

would be available for use by multiple 

States and could be used by States to 

meet their obligations under Title I, Part 

A. In addition, the requirements that the 

assessments be based on a set of English 

language proficiency standards held by 

the applicant State and, if the applicant 

applies as part of a consortium, held in 

common by all States in the consortium, 

that correspond to a common set of 

college- and career-ready standards in 

English language arts and mathematics 

would result in States that adopt the 

assessments being able to collect 

comparable data regarding the English 

language proficiency of their English 

learners. The proposed selection criteria 

would help ensure that the assessments 

developed by grantees are of high 

quality, meet relevant technical 

standards, and align with other 

assessment work funded by the 

Department. The proposed priority for 

consortia would encourage States to 

work together on developing 

assessments and other assessmentrelated instruments rather than 

developing or using separate 

assessments, thus creating cost 

efficiencies. 

We have determined, also, that this 

proposed regulatory action does not 

unduly interfere with State, local, and 

tribal governments in the exercise of 

their governmental functions. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive Order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

Order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. This 

document provides notification of our 

specific plans regarding this program. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., Braille, large 

print, audiotape, or computer diskette) 

on request to the contact persons listed 

under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition and the Code of Federal Regulations 

is available on GPO Access at: http:// 

www.gpoaccess.gov/nara/index.html. 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.368A. 

Dated: January 4, 2011. 

Thelma Mele ́ndez de Santa Ana, 

Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. 2011–130 Filed 1–6–11; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP11–51–000] 

CenterPoint Energy-Mississippi River 

Transmission Corporation; Notice of 

Application 

December 29, 2010. 

Take notice that on December 15, 

2010, CenterPoint Energy-Mississippi 

River Transmission Corporation (MRT), 

1111 Louisiana Street, Houston, Texas 

77002–5231, filed in Docket No. CP11– 

51–000, an application pursuant to 

section 7(c) of the Natural Gas Act 

requesting authorization to reclassify 

approximately 1.2 billion cubic feet 

(Bcf) of cushion gas to working gas in 

the East and West Unionville Storage 

Fields located in Lincoln Parish, 

Louisiana. MRT states that the Inventory 

Verification Study disclosed a 

difference of approximately 1.2 Bcf less 

cushion gas than the accounting 

records. MRT avers that the differences 

were due to surface measurement and 

valve leakage. MRT affirms that no 

customer service will be impacted as a 

result of the reclassification, all as more 

fully set forth in the application, which 

is on file with the Commission and open 

to public inspection. The filing may also 

be viewed on the web at http:// 

www.ferc.gov using the ‘‘eLibrary’’ link. 

Enter the docket number excluding the 

last three digits in the docket number 

field to access the document. For 

assistance, contact FERC at 

FERCOnlineSupport@ferc.gov or call 

toll-free, (866) 208–3676 or TTY, (202) 

502–8659. 

Any questions regarding this 

application should be directed to 

Lawrence O. Thomas, Sr. Director-Rate 

& Regulatory, CenterPoint Energy 

Mississippi River Transmission 

Corporation, P.O. Box 21734, 

Shreveport, Louisiana 71151, telephone 

No. (318) 429–2804, facsimile No. (318) 

429–3133, and e-mail: 

larry.thomas@centerpointenergy.com. 

Pursuant to section 157.9 of the 

Commission’s rules, 18 CFR 157.9, 

within 90 days of this Notice the 

Commission staff will either: Complete 

its environmental assessment (EA) and 

place it into the Commission’s public 

record (eLibrary) for this proceeding; or 

issue a Notice of Schedule for 

Environmental Review. If a Notice of 

Schedule for Environmental Review is 

issued, it will indicate, among other 

milestones, the anticipated date for the 

Commission staff’s issuance of the final 

environmental impact statement (FEIS) 

or EA for this proposal. The filing of the 

EA in the Commission’s public record 

for this proceeding or the issuance of a 

Notice of Schedule for Environmental 

Review will serve to notify federal and 

state agencies of the timing for the 

completion of all necessary reviews, and 

the subsequent need to complete all 

federal authorizations within 90 days of 

the date of issuance of the Commission 

staff’s FEIS or EA. 

There are two ways to become 

involved in the Commission’s review of 

this project. First, any person wishing to 

obtain legal status by becoming a party 

to the proceedings for this project 

should, on or before the comment date 

stated below, file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

a motion to intervene in accordance 

with the requirements of the 


jdjones on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 76, No. 5 / Friday, January 7, 2011 / Notices 1145 

Commission’s Rules of Practice and 

Procedure (18 CFR 385.214 or 385.211) 

and the Regulations under the NGA (18 

CFR 157.10). A person obtaining party 

status will be placed on the service list 

maintained by the Secretary of the 

Commission and will receive copies of 

all documents filed by the applicant and 

by all other parties. A party must submit 

7 copies of filings made with the 

Commission and must mail a copy to 

the applicant and to every other party in 

the proceeding. Only parties to the 

proceeding can ask for court review of 

Commission orders in the proceeding. 

However, a person does not have to 

intervene in order to have comments 

considered. The second way to 

participate is by filing with the 

Secretary of the Commission, as soon as 

possible, an original and two copies of 

comments in support of or in opposition 

to this project. The Commission will 

consider these comments in 

determining the appropriate action to be 

taken, but the filing of a comment alone 

will not serve to make the filer a party 

to the proceeding. The Commission’s 

rules require that persons filing 

comments in opposition to the project 

provide copies of their protests only to 

the party or parties directly involved in 

the protest. 

Persons who wish to comment only 

on the environmental review of this 

project should submit an original and 

two copies of their comments to the 

Secretary of the Commission. 

Environmental commentors will be 

placed on the Commission’s 

environmental mailing list, will receive 

copies of the environmental documents, 

and will be notified of meetings 

associated with the Commission’s 

environmental review process. 

Environmental commentors will not be 

required to serve copies of filed 

documents on all other parties. 

However, the non-party commentors 

will not receive copies of all documents 

filed by other parties or issued by the 

Commission (except for the mailing of 

environmental documents issued by the 

Commission) and will not have the right 

to seek court review of the 

Commission’s final order. 

The Commission strongly encourages 

electronic filings of comments, protests 

and interventions in lieu of paper using 

the ‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the protest or intervention to the 

Federal Energy regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Comment Date: January 19, 2011. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2011–47 Filed 1–6–11; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project Nos. 349–168; 2407–134] 

Alabama Power Company; Notice of 

Application for Amendment of License 

and Soliciting Comments, Motions To 

Intervene, and Protests 

December 30, 2010. 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection: 

a: Application Type: Request for 

drought-based temporary variance of the 

Martin Project rule curve and minimum 

flow releases at the Yates and Thurlow 

Project. 

b: Project Nos.: 349–168 and 2407– 

134. 

c: Date Filed: November 30, 2010. 

d: Applicant: Alabama Power 

Company. 

e: Name of Project: Martin 

Hydroelectric Project (P–349) and Yates 

and Thurlow Hydroelectric Project (P– 

2407). 

f: Location: The Martin Dam Project is 

located on the Tallapoosa River in the 

counties of Coosa, Elmore, and 

Tallapoosa, Alabama. The Yates and 

Thurlow Project is located on the 

Tallapoosa River in the counties of 

Elmore and Tallapoosa, Alabama. 

g. Filed Pursuant to: Federal Power 

Act, 16 U.S.C. 791(a)–825(r). 

h: Applicant Contact: Mr. Jason 

Powers, Alabama Power Company, 600 

18th Street North, Birmingham, 

Alabama 35203–8180, Tel: (205) 257– 

4070. 

i. FERC Contact: Christopher Chaney, 

(202) 502–6778, 

christopher.chaney@ferc.gov. 

j. Deadline for filing comments, 

motions to intervene, and protests: 15 

days from the issuance date of this 

notice. 

All documents may be filed 

electronically via the Internet. See 18 

CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s Web 

site http://www.ferc.gov/docs-filing/ 

efiling.asp. Commenters can submit 

brief comments up to 6,000 characters, 

without prior registration, using the 

eComment system at http://

www.ferc.gov/docs-filing/ 

ecomment.asp. You must include your 

name and contact information at the end 

of your comments. For assistance, 

please contact FERC Online Support at 

FERCOnlineSupport@ferc.gov or toll 

free at 1–866–208–3676, or for TTY, 

(202) 502–8659. Although the 

Commission strongly encourages 

electronic filing, documents may also be 

paper-filed. To paper-file, mail an 

original and seven copies to: Kimberly 

D. Bose, Secretary, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426. 

The Commission’s Rules of Practice 

and Procedure require all intervenors 

filing documents with the Commission 

to serve a copy of that document on 

each person whose name appears on the 

official service list for the project. 

Further, if an intervenor files comments 

or documents with the Commission 

relating to the merits of an issue that 

may affect the responsibilities of a 

particular resource agency, they must 

also serve a copy of the document on 

that resource agency. 

k. Description of Request: Alabama 

Power is requesting a drought-based 

temporary variance to the Martin Project 

rule curve. The rule curve variance 

would be in effect from the date of 

Commission approval to March 1, 2011, 

and would allow the licensee to 

maintain the winter pool elevation 3 

feet higher than normal, at elevation 483 

feet instead of elevation 480 feet. In 

association with the Martin rule curve 

variance, the minimum flows from the 

Thurlow reservoir (P–2407) would be 

temporarily modified as follows until 

May 1, 2011: (1) When downstream 

Alabama River flows are reduced 10%, 

discharge would be the greater of 1⁄2

Yates inflow or 2 times inflow at the 

upstream Heflin gage; (2) when 

downstream Alabama River flows are 

reduced 20%, the discharge would be 

350 cfs; and (3) if Alabama River flows 

are reduced to 2,000 dsf, the discharge 

would be 400 cfs. 

l. A copy of the application is 

available for review at the Commission 

in the Public Reference Room or may be 

viewed on the Commission’s Web site at 

http://www.ferc.gov using the ‘‘eLibrary’’ 

link. Enter the docket number excluding 


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