31072 Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Proposed Rules 

an original copy of their comments to: 

Federal Energy Regulatory Commission, 

Secretary of the Commission, 888 First 

Street NE., Washington, DC 20426. 

72. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

IX. Document Availability 

73. 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 

FERC’s Home Page (http://

www.ferc.gov) and in FERC’s Public 

Reference Room during normal business 

hours (8:30 a.m. to 5:00 p.m. Eastern 

time) at 888 First Street NE., Room 2A, 

Washington, DC 20426. 

74. From FERC’s Home Page on the 

Internet, this information is available on 

eLibrary. The full text of this document 

is available on eLibrary in PDF and 

Microsoft Word format for viewing, 

printing, and/or downloading. To access 

this document in eLibrary, type the 

docket number excluding the last three 

digits of this document in the docket 

number field. 

75. User assistance is available for 

eLibrary and the FERC’s Web site during 

normal business hours from FERC 

Online Support at (202) 502–6652 (toll 

free at 1–866–208–3676) or email at 

ferconlinesupport@ferc.gov, or the 

Public Reference Room at (202) 502– 

8371, TTY (202) 502–8659. Email the 

Public Reference Room at 

public.referenceroom@ferc.gov. 

List of Subjects in 18 CFR Part 35 

Electric power rates; Electric utilities; 

Reporting and recordkeeping 

requirements. 

By direction of the Commission. 

Kimberly D. Bose, 

Secretary. 

In consideration of the foregoing, the 

Commission proposes to amend Part 35, 

Chapter I, Title 18, Code of Federal 

Regulations, as follows: 

PART 35—FILING OF RATE 

SCHEDULES AND TARIFFS 

■ 1. The authority citation for part 35 

continues to read as follows: 

Authority: 16 U.S.C. 791a–825r, 2601– 

2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352. 

■ 2. Amend § 35.28 by revising 

paragraph (d) to read as follows: 

§ 35.28 Non-discriminatory open access 

transmission tariff. 

* * * * * 

(d) Waivers. (1) A public utility 

subject to the requirements of this 

section and 18 CFR parts 37 (Open 

Access Same-Time Information System) 

and 358 (Standards of Conduct for 

Transmission Providers) for good cause 

shown. Except as provided in paragraph 

(f) of this section, an application for 

waiver must be filed no later than 60 

days prior to the time the public utility 

would have to comply with the 

requirement. 

(2) The requirements of this section, 

18 CFR parts 37 (Open Access SameTime Information System) and 358 

(Standards of Conduct for Transmission 

Providers) are waived for any public 

utility that is or becomes subject to such 

requirements solely because it owns, 

controls, or operates Interconnection 

Customer’s Interconnection Facilities, in 

whole or in part, and sells electric 

energy from its Generating Facility, as 

those terms are defined in the standard 

generator interconnection procedures 

and agreements referenced in paragraph 

(f) of this section. 

(i) The waivers referenced in this 

paragraph (d)(2) shall be deemed to be 

revoked as of the date the public utility 

ceases to satisfy the qualifications of 

this paragraph (d)(2), and may be 

revoked by the Commission if the 

Commission determines that it is in the 

public interest to do so. After revocation 

of its waivers, the public utility must 

comply with the requirements that had 

been waived within 60 days of 

revocation. 

(ii) Any eligible entity that seeks 

interconnection or transmission services 

with respect to Interconnection 

Customer’s Interconnection Facilities 

for which a waiver is in effect pursuant 

to this paragraph (d)(2) shall follow the 

procedures in sections 210, 211, and 

212 of the Federal Power Act and 18 

CFR 2.20 and 18 CFR part 36. In any 

proceeding pursuant to this paragraph 

(d)(2)(ii): 

(A) The Commission will consider it 

to be in the public interest to grant 

priority rights to the owner and/or 

operator of Interconnection Customer’s 

Interconnection Facilities to use 

capacity thereon when such owner and/ 

or operator can demonstrate that it has 

specific plans with milestones to use 

such capacity to interconnect its or its 

affiliate’s future generation projects. 

(B) For the first five years after the 

Interconnection Customer’s 

Interconnection Facilities are energized, 

the Commission will apply rebuttable 

presumptions that: 

(1) The owner and/or operator of such 

facilities has definitive plans to use the 

capacity thereon, and it is thus in the 

public interest to grant priority rights to 

the owner and/or operator of such 

facilities to use capacity thereon; and 

(2) The owner and/or operator of such 

facilities should not be required to 

expand its facilities. 

Note: The following appendices will not 

appear in the Code of Federal Regulations. 

Appendix A: List of Short Names of 

Commenters on the Federal Energy 

Regulatory Commission’s Notice of 

Inquiry on Open Access and Priority 

Rights on Interconnection Facilities— 

Docket No. AD12–14–000, April 2012 

Commenter (Short Name or Acronym) 

American Public Power Association (APPA) 

American Wind Energy Association (AWEA) 

Bonneville Power Administration (BPA) 

BP Wind Energy North America Inc. (BP 

Wind) 

California Independent System Operator 

Corporation (CAISO) 

Duke Energy Corporation (Duke) 

Edison Electric Institute (EEI) 

E.ON Climate & Renewables North America 

(E.ON) 

Electric Power Supply Association (EPSA) 

First Wind Holdings, LLC (First Wind) 

Invenergy Wind Development LLC and 

Invenergy Thermal Development LLC 

(Invenergy) 

ITC Holdings Corp. (ITC) 

Los Angeles Department of Water and Power 

(LADWP) 

Midwest Independent Transmission System 

Operator, Inc. (MISO) 

NextEra Energy Resources, LLC (NextEra) 

New Jersey Board of Public Utilities (NJBPU) 

The NRG Companies (NRG) 

Puget Sound Energy, Inc. (Puget) 

Recurrent Energy 

San Diego Gas & Electric Company 

Solar Energy Industries Association (SEIA) 

Southwest Power Pool, Inc. 

Tenaska Energy, Inc. (Tenaska) 

TGP Development Company, LLC (TGP) 

Transmission Access Policy Study Group 

(TAPS) 

[FR Doc. 2014–11946 Filed 5–29–14; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 745 

[EPA–HQ–OPPT–2010–0173; FRL–9910–44] 

RIN 2070–AJ56 

Lead; Framework for Identifying and 

Evaluating Lead-Based Paint Hazards 

From Renovation, Repair, and Painting 

Activities in Public and Commercial 

Buildings 

AGENCY: Environmental Protection 

Agency (EPA). 

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Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Proposed Rules 31073 

ACTION: Advanced notice of proposed 

rulemaking; availability and request for 

comment on Framework. 

SUMMARY: EPA is making the following 

document available for public review 

and comment: ‘‘Framework for 

Identifying and Evaluating Lead-Based 

Paint Hazards From Renovation, Repair, 

and Painting Activities in Public and 

Commercial Buildings’’ (Framework). 

The Framework describes an approach 

for identifying and evaluating hazards 

created by renovations of public and 

commercial buildings (P&CBs). The 

Framework also describes how the 

analyses under this approach would be 

performed, and presents results of some 

preliminary analyses that evaluated the 

impact of different variables on 

exposure estimates for young children. 

EPA will consider these comments as 

the Agency determines whether hazards 

are created by P&CB renovations and, if 

appropriate, develops proposed 

requirements. 

DATES: Comments must be received on 

or before June 30, 2014. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2010–0173, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information contact: 

Hans Scheifele, National Program 

Chemicals Division (7404T), Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(202) 564–3122; email address: 

scheifele.hans@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This document is directed to the 

public in general. However, you may be 

potentially affected by this action if you 

perform renovations, repairs, or painting 

activities on the exterior or interior of 

P&CBs. The following list of North 

American Industrial Classification 

System (NAICS) codes is not intended 

to be exhaustive, but rather provides a 

guide to help readers determine whether 

this document applies to them. 

Potentially affected entities may 

include: 

• Building construction (NAICS code 

236). 

• Specialty trade contractors (NAICS 

code 238). 

• Real estate (NAICS code 531). 

• Other general governmental support 

(NAICS code 921). 

Full descriptions of these NAICS 

codes and related establishments are 

maintained by the U.S. Census Bureau 

online at https://www.census.gov/eos/

www/naics/index.html. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Authority 

Title IV of the Toxic Substances 

Control Act (TSCA), 15 U.S.C. 2681 et 

seq., was enacted to assist the Federal 

Government in reducing lead exposures, 

particularly those resulting from leadbased paint. Section 403 of TSCA 

directs EPA to identify lead-based paint 

hazards, lead-contaminated dust, and 

lead-contaminated soil. ‘‘Lead-based 

paint hazard’’ is defined at TSCA 

section 401(10). 

Section 402(c)(3) of TCSA directs EPA 

to revise its lead-based paint activities 

regulations (commonly referred to as 

lead abatement activities), promulgated 

under TSCA section 402(a), to apply the 

regulations to renovation or remodeling 

activities in target housing, public 

buildings constructed before 1978, and 

commercial buildings that create leadbased paint hazards. 

III. Overview of the Framework 

The Framework (Ref. 1) describes an 

approach for identifying and evaluating 

hazards created by renovations of 

P&CBs. The Framework also describes 

how the analyses under this approach 

would be performed, and presents 

results of some preliminary analyses 

that evaluated the impact of different 

variables on exposure estimates for 

young children. 

The Framework also reviews the 

approach used in 2008 to identify and 

evaluate hazards in residences and in 

child-occupied facilities (COFs)—a 

subset of P&CBs, such as day care 

centers. This approach is predicated 

upon defining a hazard as a condition 

of paint (e.g., peeling, cracking, 

chipping, or otherwise damaged), or a 

lead level in dust, soil, paint, etc., that 

EPA would consider to be a hazard. In 

the 2008 final Renovation, Repair, and 

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31074 Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Proposed Rules 

Painting (RRP) rule (Ref. 2) EPA 

compared the observed dust-lead levels 

from the renovations tested in the 

Revised Final Report on 

Characterization of Dust Lead Levels 

After Renovation, Repair, and Painting 

Activities (Ref. 3) to the dust-lead 

hazard standards promulgated in 2001 

(Ref. 4). This approach formed the basis 

for EPA’s determination that all 

renovation activities that disturb leadbased paint in target housing and 

COFs—a subset of P&CBs, such as day 

care centers—create lead-based paint 

hazards. 

Under the approach being considered 

for the P&CB analysis, however, hazards 

would be identified as exposures 

created by P&CB renovations that result 

in adverse health effects. EPA would 

model specific interior and exterior 

P&CB renovation scenarios that 

represent the broad range of exposure 

that can occur in P&CBs in order to 

evaluate whether adverse health effects 

could occur. These scenarios would take 

into account the variability in exposure 

times as well as in building sizes and 

configurations when evaluating hazards. 

For children, EPA would likely evaluate 

Intelligence Quotient (IQ) decrements. 

For adults, EPA would consider 

appropriate health effects and their 

associated concentration-response 

functions, such as renal effects, 

cardiovascular effects and others. EPA is 

reviewing currently available scientific 

literature to determine if appropriate 

adverse health effects for adults can be 

selected and analyzed. 

The Framework discusses possible 

considerations of using the approach for 

evaluating risk inside P&CBs from 

renovation activities, including: Ability 

to target risks associated with 

renovations, quantification of adult 

health effects and applicability of 

modeling results. 

Additionally, the Framework 

describes how the full analyses might be 

done if this approach were to be 

selected, and presents the results of 

preliminary analyses that EPA 

performed to determine the impact of 

different variables on predictions of IQ 

and blood lead level changes for young 

children. The preliminary analysis was 

deterministic while any full analysis 

conducted for the approach would be 

probabilistic. Thus, preliminary analysis 

results are not representative of all 

scenarios that could be analyzed. EPA 

will determine whether these 

preliminary results are reproducible 

once more robust analyses are 

performed. Therefore, the preliminary 

findings reported in the Framework 

should not be construed as final and 

may change. 

Because EPA is providing the 

information contained in the 

Framework and an opportunity for 

public comment prior to issuing any 

proposed rule, the information 

contained in the Framework is limited. 

For instance, the document does not 

provide significant detail regarding 

modeling inputs and results, how EPA 

might apply the results of any analyses, 

or a discussion regarding what 

magnitude of deleterious health effect 

would be considered to be adverse. 

Further details and the results of such 

analyses would be provided for review 

and comment in any future proposal. In 

addition, EPA plans to make public, and 

provide for peer review of any such 

analyses. 

IV. Request for Comment 

EPA is requesting public review and 

comment on all aspects of the 

Framework, and particularly related to 

the following: 

• The utility of the approach 

discussed in the Framework to assessing 

risk to human health inside P&CBs as a 

result of P&CB renovations. 

• Making a hazard finding inside 

nearby homes and COFs as a result of 

P&CB renovations. 

• The overview of an analysis 

approach outlined in the Framework. 

V. References 

The following is a listing of the 

documents that are specifically 

referenced in this document. The docket 

includes these documents and other 

information considered by EPA, 

including documents that are referenced 

within the documents that are included 

in the docket, even if the referenced 

document is not physically located in 

the docket. For assistance in locating 

these other documents, please consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

1. EPA. Framework for Identifying and 

Evaluating Lead-Based Paint Hazards 

from Renovation, Repair, and Painting 

Activities in Public and Commercial 

Buildings. May 2014. 

2. EPA. Lead; Renovation, Repair, and 

Painting Program; Final Rule. Federal 

Register (73 FR 21692, April 22, 2008) 

(FRL–8355–7). 

3. EPA. Revised Final Report on 

Characterization of Dust Lead Levels 

After Renovation, Repair, and Painting 

Activities. November 11, 2007. 

Document ID number EPA–HQ–OPPT– 

2005–0049–0857. 

4. EPA. Lead; Identification of Dangerous 

Levels of Lead; Final Rule. Federal 

Register (66 FR 1206, January 5, 2001) 

(FRL–6763–5). 

List of Subjects in 40 CFR Part 745 

Environmental protection, Buildings 

and facilities, Business and industry, 

Hazardous substances, Lead-based 

paint, Public and commercial buildings, 

Renovation, Repair, and Painting 

Program (RRP), Safety. 

Dated: May 22, 2014. 

James Jones, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2014–12605 Filed 5–29–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 140417346–4346–01] 

RIN 0648–XD252 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Annual Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule. 

SUMMARY: NMFS proposes to implement 

an annual catch limit (ACL), and 

associated annual reference points for 

Pacific sardine in the U.S. exclusive 

economic zone (EEZ) off the Pacific 

coast for the fishing season of July 1, 

2014, through June 30, 2015. This rule 

is proposed according to the Coastal 

Pelagic Species (CPS) Fishery 

Management Plan (FMP). The proposed 

2014–2015 ACL for Pacific sardine is 

23,293 metric tons (mt). The proposed 

initial overall commercial fishing target, 

that is to be allocated across the three 

allocation periods for sardine 

management, is 19,293 mt. This amount 

would be divided across the three 

seasonal allocation periods for the 

directed fishery the following way: July 

1–September 14—7,718 mt; September 

15–December 31—4,823 mt; and January 

1–June 30—6,752 mt, with an incidental 

set-aside of 500 mt for each of the three 

periods. This proposed rule is intended 

to conserve and manage the Pacific 

sardine stock off the U.S. West Coast. 

DATES: Comments must be received by 

June 30, 2014. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2014–0061, by any of the 

following methods: 

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