71018 Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices 

crediting program to enhance the 

economic benefit of the tribal power 

allocation. 

Response: Alternative methods of 

delivery to provide the benefits of a 

Federal hydropower allocation to tribal 

firm power customers are outside the 

scope of the 2021 PMI process. 

Comment: Western received a 

comment stating that Western needs to 

respect tribal sovereignty in the 2021 

PMI. Western also received a request for 

Western’s consultation policy for Tribal 

Nations. 

Response: Western recognizes the 

special and unique relationship between 

the United States and the tribal 

governments. Western supports the 

DOE’s American Indian Policy, 

available upon request (see FOR FURTHER

INFORMATION CONTACT section), which 

stresses the need for a government-togovernment, trust-based relationship. 

Comment: Western received 

comments encouraging Western to 

conclude this 2021 PMI process and 

move forward to contracting in a timely 

and deliberate manner. 

Response: Western agrees with this 

comment. Western intends to begin 

development of firm electric service 

contracts with customers after 

completion of this process. 

Final 2021 PMI 

Western will extend the current 

Marketing Plan with amendments to the 

Contract Term and Resource Pools 

principles. The Marketing Plan 

principles that are amended as well as 

the Marketing Plan principles that are 

extended are as follows: 

Amended Marketing Plan Principles: 

1. Contract Term: A 30-year contract 

term will be used for FES contracts. The 

FES contract term will begin January 1, 

2021, and expire December 31, 2050. 

2. Resource Pools: The 2021 PMI will 

provide for resource pools of up to 1 

percent of the marketable resource 

under contract at the time for eligible 

new preference entities at the beginning 

of the contract term (January 1, 2021) 

and again every 10 years (January 1, 

2031, and January 1, 2041). 

Extended Marketing Plan Principles: 

Extension of the current Marketing 

Plan includes all provisions and 

principles not specifically addressed in 

the preceding section (Amended 

Marketing Plan Principles). The 

following key principles of the current 

Marketing Plan were discussed with 

firm power customers during the 

informal customer input phase and the 

formal information forums of this 

process and are included below for 

reference purposes. 

1. Marketable Resource: Based on 

adverse condition modeling to 

determine future marketable resource 

capability and median annual energy 

forecasting to determine future annual 

energy, the 2021 PMI supports 

extending the existing contract rates of 

delivery commitments, with associated 

energy, to existing long-term firm power 

customers reduced by up to 1 percent 

for each new resource pool in 2021, 

2031, and 2041. 

2. Marketing Area: The marketing area 

of the P–SMBP—ED is Montana (east of 

the Continental Divide), all of North 

Dakota and South Dakota, Nebraska east 

of the 101° meridian, Iowa west of the 

941⁄2° meridian, and Minnesota west of 

a line on the 941⁄2° meridian from the 

southern boundary of the state to the 46° 

parallel and then northwesterly to the 

northern boundary of the state at the 

961⁄2° meridian. 

3. Load Factor Limit and Withdrawal 

Provisions: 

a. Load Factor Limit: Western will 

market firm power at its customers’ 

monthly system load factor for as long 

as possible. Western will reserve the 

right to limit monthly load factors to 70 

percent if necessary during the 2021 

PMI contract term. A 3-year notice will 

be given prior to requiring such 

limitation. 

b. Project Use Withdrawal Provision: 

Western will reserve the right to reduce 

a customer’s summer season contract 

rate of delivery by up to 5 percent for 

new project use requirements, by giving 

a minimum of 5 years’ written notice in 

advance of such action. 

c. Hydrology and River Operations 

Withdrawal Provision: Western, at its 

discretion and sole determination, shall 

reserve the right to adjust the contract 

rate of delivery on 5 years’ written 

notice in response to changes in 

hydrology and river operations. Any 

such adjustments would only take place 

after a public process by Western. 

4. Marketing Future Resources: 

Additional power resources may 

become available for various reasons. 

Any additional available resources will 

be used in accordance with EPAMP as 

specified in 10 CFR 905.32(e). 

2021 PMI Procedures Requirements 

Environmental Compliance 

In compliance with the National 

Environmental Policy Act (NEPA) of 

1969 (42 U.S.C. 4321–4347 (2007)); the 

Council on Environmental Quality 

Regulations for implementing NEPA (40 

CFR parts 1500–1508); and DOE NEPA 

Implementing Procedures and 

Guidelines (10 CFR part 1021), Western 

has determined that this action is 

categorically excluded from further 

NEPA review. 

Determination Under Executive Order 

12866 

Western has an exemption from 

centralized regulatory review under 

Executive Order 12866; accordingly, no 

clearance of this notice by the Office of 

Management and Budget is required. 

Dated: November 8, 2011. 

Timothy J. Meeks, 

Administrator. 

[FR Doc. 2011–29601 Filed 11–15–11; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2003–0004; FRL–9327–5] 

Access to Confidential Business 

Information by the U.S. Consumer 

Product Safety Commission 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has authorized the U.S. 

Consumer Product Safety Commission 

(CPSC) to access information which has 

been submitted to EPA under all 

sections of the Toxic Substances Control 

Act (TSCA). Some of the information 

may be claimed or determined to be 

Confidential Business Information (CBI). 

DATES: Access to the confidential data 

submitted to EPA under all sections of 

TSCA continues as a result of an ongoing Memorandum of Understanding 

(MOU) between CPSC and the EPA 

dated September 23, 1986, which 

granted CPSC immediate access to all 

sections of the TSCA CBI. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Pamela 

Moseley, Information Management 

Division (7407M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 564–8956; fax 

number: (202) 564–8955; email address: 

moseley.pamela@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 notice apply to me? 

This action is directed to the public 

in general. This action may, however, be 

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Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices 71019 

of interest to all who manufacture, 

process, or distribute industrial 

chemicals. Since other entities may also 

be interested, the Agency has not 

attempted to describe all the specific 

entities that may be affected by this 

action. 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. How can I get copies of this document 

and other related information? 

EPA has established a docket for this 

action under docket identification (ID) 

number EPA–HQ–OPPT–2003–0004. 

All documents in the docket are listed 

in the docket index available at http:// 

www.regulations.gov. Although listed in 

the index, some information is not 

publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave. NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

II. What action is the agency taking? 

Under a MOU dated September 23, 

1986, the CPSC agreed to EPA 

procedures governing access to CBI 

submitted to EPA under TSCA. 

In accordance with 40 CFR 2.306(h), 

EPA has determined that CPSC requires 

access to CBI submitted to EPA under 

all sections of TSCA to perform 

successfully their responsibilities under 

the Consumer Product Safety Act and 

TSCA. CPSC’s personnel are given 

access to information submitted to EPA 

under all sections of TSCA. Some of the 

information is claimed or determined to 

be CBI. 

Under terms of the MOU, CPSC is not 

required to renew its access to TSCA 

CBI. EPA publishes this notice to the 

public from time to time to reiterate and 

confirm that access to TSCA CBI has 

been granted to another federal agency. 

In a previous notice published in the 

Federal Register on September 21, 2007 

(72 FR 54036) (FRL–8149–3), EPA 

confirmed that CPSC continues to have 

access to CBI under all sections of 

TSCA. EPA is issuing notice once again 

to confirm that CPSC maintains access 

under the existing MOU. 

EPA is issuing this notice to inform 

all submitters of information under all 

sections of TSCA that EPA provides the 

CPSC access to these CBI materials on 

a need-to-know basis only. All access to 

TSCA CBI under this MOU will take 

place at EPA Headquarters and CPSC’s 

4330 East West Highway, Bethesda, 

Maryland, site in accordance with EPA’s 

TSCA CBI Protection Manual. 

CPSC is required to adhere to all 

provisions of EPA’s TSCA CBI 

Protection Manual. 

CPSC personnel are required to sign 

nondisclosure agreements and are 

briefed on appropriate security 

procedures before they are permitted 

access to TSCA CBI. 

List of Subjects 

Environmental protection, 

Confidential business information. 

Dated: November 9, 2011. 

Matthew Leopard, 

Director, Information Management Division, 

Office of Pollution Prevention and Toxics. 

[FR Doc. 2011–29593 Filed 11–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9492–4; EPA–HQ–OEI–2011–0366] 

Amendment of Inspector General’s 

Operation and Reporting (IGOR) 

System Investigative Files (EPA–40) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: Pursuant to the provisions of 

the Privacy Act of 1974 (5 U.S.C. 552a), 

the Office of Inspector General (OIG) is 

giving notice that it proposes to amend 

an existing system of records by 

changing the name of the system from 

the Inspector General’s Operation and 

Reporting (IGOR) System Investigative 

Files (EPA–40) to the Inspector General 

Enterprise Management System (IGEMS) 

Investigative Module. 

DATES: Effective Date: Persons wishing 

to comment on this system of records 

notice must do so by December 27, 

2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

2011–0366, by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• Email: oei.docket@epa.gov. 

• Fax: (202) 566–1752. 

• Mail: OEI Docket, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460. 

• Hand Delivery: OEI Docket, EPA/ 

DC, EPA West Building, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–2011–0366. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

for which disclosure is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http:// 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

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