59708 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices 

1Revised Public Utility Filing Requirements, 

Order No. 2001, FERC Stats. & Regs. ¶ 31,127, reh’g 

denied, Order No. 2001–A, 100 FERC ¶ 61,074, 

reconsideration and clarification denied, Order No. 

2001–B, 100 FERC ¶ 61,342, order directing filings, 

Order No. 2001–C, 101 FERC ¶ 61,314 (2002), order 

directing filings, Order No. 2001–D, 102 FERC 

¶ 61,334 (2003). 

2Order No. 2001, FERC Stats & Regs. ¶ 31,127 at 

P 222. 

3 Id. P 223. 

4See, e.g., Electric Quarterly Reports, 75 FR 

45,111 (Aug. 2, 2010); Electric Quarterly Reports, 75 

FR 19,646 (Apr. 15, 2010). 

5See BM2 LLC, Docket No. ER06–885–000 

(August 2, 2010) (unpublished letter order); DJGW, 

LLC, Docket No. ER04–289–000 (August 2, 2010) 

(unpublished letter order). 

6According to the Commission’s records, the 

companies subject to this order failed to file their 

Electric Quarterly Reports for the 1st and 2nd 

quarters of 2010. 

file Electric Quarterly Reports 

summarizing the contractual terms and 

conditions in their agreements for all 

jurisdictional services (including 

market-based power sales, cost-based 

power sales, and transmission service) 

and providing transaction information 

(including rates) for short-term and 

long-term power sales during the most 

recent calendar quarter.1

2. Commission staff’s review of the 

Electric Quarterly Report submittals 

indicates that two utilities with 

authority to sell electric power at 

market-based rates have failed to file 

their Electric Quarterly Reports. This 

order notifies these public utilities that 

their market-based rate authorizations 

will be revoked unless they comply 

with the Commission’s requirements 

within 15 days of the date of issuance 

of this order. 

3. In Order No. 2001, the Commission 

stated that, 

[i]f a public utility fails to file a[n] Electric 

Quarterly Report (without an appropriate 

request for extension), or fails to report an 

agreement in a report, that public utility may 

forfeit its market-based rate authority and 

may be required to file a new application for 

market-based rate authority if it wishes to 

resume making sales at market-based rates.[2]

4. The Commission further stated that, 

[o]nce this rule becomes effective, the 

requirement to comply with this rule will 

supersede the conditions in public utilities’ 

market-based rate authorizations, and failure 

to comply with the requirements of this rule 

will subject public utilities to the same 

consequences they would face for not 

satisfying the conditions in their rate 

authorizations, including possible revocation 

of their authority to make wholesale power 

sales at market-based rates.[3]

5. Pursuant to these requirements, the 

Commission has revoked the marketbased rate tariffs of several market-based 

rate sellers that failed to submit their 

Electric Quarterly Reports.4

6. As noted above, Commission staff’s 

review of the Electric Quarterly Report 

submittals identified two public utilities 

with authority to sell power at marketbased rates that failed to file Electric 

Quarterly Reports in the first and 

second quarters of 2010. Commission 

staff contacted these entities to remind 

them of their regulatory obligations.5

The two public utilities listed in the 

caption of this order have not met these 

obligations.6 Accordingly, this order 

notifies these public utilities that their 

market-based rate authorizations will be 

revoked unless they comply with the 

Commission’s requirements within 15 

days of the issuance of this order. 

7. In the event that the abovecaptioned market-based rate sellers have 

already filed its Electric Quarterly 

Report in compliance with the 

Commission’s requirements, its 

inclusion herein is inadvertent. Such 

market-based rate seller is directed, 

within 15 days of the date of issuance 

of this order, to make a filing with the 

Commission identifying itself and 

providing details about its prior filings 

that establish that it complied with the 

Commission’s Electric Quarterly Report 

filing requirements. 

8. If the above-captioned marketbased rate sellers do not wish to 

continue having market-based rate 

authority, they may file a notice of 

cancellation with the Commission 

pursuant to section 205 of the FPA to 

cancel their market-based rate tariff. 

The Commission orders: 

(A) Within 15 days of the date of 

issuance of this order, each public 

utility listed in the caption of this order 

shall file with the Commission all 

delinquent Electric Quarterly Reports. If 

a public utility fails to make this filing, 

the Commission will revoke that public 

utility’s authority to sell power at 

market-based rates and will terminate 

its electric market-based rate tariff. The 

Secretary is hereby directed, upon 

expiration of the filing deadline in this 

order, to promptly issue a notice, 

effective on the date of issuance, listing 

the public utilities whose tariffs have 

been revoked for failure to comply with 

the requirements of this order and the 

Commission’s Electric Quarterly Report 

filing requirements. 

(B) The Secretary is hereby directed to 

publish this order in the Federal 

Register. 

By the Commission. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–24293 Filed 9–27–10; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OEI–2010–0746; FRL–9207–5; 

EPA ICR No. 1665.10, OMB Control No. 

2020–0003] 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; Confidentiality 

Rules (Renewal) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), this document 

announces that EPA is planning to 

submit a request to renew an existing 

approved Information Collection 

Request (ICR) to the Office of 

Management and Budget (OMB). This 

ICR is scheduled to expire on December 

31, 2010. Before submitting the ICR to 

OMB for review and approval, EPA is 

soliciting comments on specific aspects 

of the proposed information collection 

as described below. 

DATES: Comments must be submitted on 

or before November 29, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OEI–2010–0746, by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: docket.oei@epa.gov. 

• Fax: 202–566–0224. 

• Mail: EPA Docket Center, Office of 

Environmental Information Docket, Mail 

Code 28221T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20004. 

Hours of operation: 8:30 a.m.–4:30 p.m., 

Monday-Friday (except Federal 

Holidays). The telephone number for 

the Reading Room is 202–566–1744. 

• Instructions: Direct your comments 

to Docket ID No. EPA–HQ–OEI–2010– 

0746. 

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 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 


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Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices 59709 

www.regulations.gov or e-mail. 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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Larry F. Gottesman, National Freedom 

of Information Act Officer, Collection 

Strategies Division, Office of 

Information Collection, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; 

telephone number: 202–566–2162; email address: gottesman.larry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

How can I access the docket and/or 

submit comments? 

EPA has established a public docket 

for this ICR under Docket ID No. EPA– 

HQ–OEI–2010–0746, or in person 

viewing at the OEI Docket in the EPA 

Docket Center (EPA/DC), EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The EPA/DC 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Reading Room 

is 202–566–1744, and the telephone 

number for the OEI Docket is 202–566– 

1752. 

Use http://www.regulations.gov to 

obtain a copy of the draft collection of 

information, submit or view public 

comments, access the index listing of 

the contents of the docket, and to access 

those documents in the public docket 

that are available electronically. Once in 

the system, select search, then key in 

the docket ID number identified in this 

document. 

What information is EPA particularly 

interested in? 

Pursuant to section 3506(c)(2)(A) of 

the PRA, EPA specifically solicits 

comments and information to enable it 

to: 

(i) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; 

(ii) Evaluate the accuracy of the 

Agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(iii) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(iv) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. In 

particular, EPA is requesting comments 

from very small businesses (those that 

employ less than 25) on examples of 

specific additional efforts that EPA 

could make to reduce the paperwork 

burden for very small businesses 

affected by this collection. 

What should I consider when I prepare 

my comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible and provide specific examples. 

2. Describe any assumptions that you 

used. 

3. Provide copies of any technical 

information and/or data you used that 

support your views. 

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide. 

5. Offer alternative ways to improve 

the collection activity. 

6. Make sure to submit your 

comments by the deadline identified 

under DATES. 

7. To ensure proper receipt by EPA, 

be sure to identify the docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation. 

What information collection activity or 

ICR does this apply to? 

Affected entities: Entities potentially 

affected by this action are businesses or 

other for-profit entities. 

Title: Confidentiality Rules (Renewal). 

ICR numbers: EPA ICR No. 1665.10, 

OMB Control No. 2020–0003. 

ICR status: This ICR is currently 

scheduled to expire on December 31, 

2010. An Agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information, 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register when approved, are 

listed in 40 CFR part 9, are displayed 

either by publication in the Federal 

Register or by other appropriate means, 

such as on the related collection 

instrument or form, if applicable. The 

display of OMB control numbers in 

certain EPA regulations is consolidated 

in 40 CFR Part 9. 

Abstract: In the course of 

administering environmental protection 

statutes, EPA collects data from 

‘‘business’’ in many sectors of the U.S. 

economy. In many cases, ‘‘business’’ 

marks the data it submits to EPA as 

confidential business information (CBI). 

In addition, businesses submit 

information to EPA without the Agency 

requesting the information. EPA 

established the procedures described in 

40 CFR Part 2, subparts A and B, to 

protect the confidentiality of 

information as well as the rights of the 

public to obtain access to information 

under the Freedom of Information Act 

(FOIA). In accordance with these 

regulations, when EPA finds it 

necessary to make a final confidentiality 

determination (e.g., in response to a 

FOIA request or in the course of 

rulemaking or litigation), a 

resubstantiation of a prior claim, or an 

advance confidentiality determination, 

it shall notify the affected business and 

provide an opportunity to comment 

(i.e., to submit a substantiation of 

confidentiality claims). This ICR relates 

to the collection of information that will 

assist EPA in determining whether 

previously submitted information is 

entitled to confidential treatment. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 4 hours per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information; processing and 

maintaining information and disclosing 

and providing information; adjusting 


srobinson on DSKHWCL6B1PROD with NOTICES
59710 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Notices 

the existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; training personnel to be able to 

respond to a collection of information; 

searching data sources; completing and 

reviewing the collection of information; 

and transmitting or otherwise disclosing 

the information. 

The ICR provides a detailed 

explanation of the Agency’s estimate, 

which is only briefly summarized here: 

Estimated total number of potential 

respondents: 1,650. 

Frequency of response: On occasion. 

Estimated total average number of 

responses for each respondent: 1. 

Estimated total annual burden hours: 

2,412.30 hours. 

Estimated total annual costs: 

$109,922.45. This includes an estimated 

burden cost of $0 for capital investment 

or maintenance and operational costs. 

Are there changes in the estimates from 

the last approval? 

There is a decrease of 6,063 hours in 

the total estimated respondent burden 

compared with that identified in the ICR 

currently approved by OMB. This 

change is predicated upon estimates 

that were received from the requester 

community on the actual burden in 

responding to these requests. 

What is the next step in the process for 

this ICR? 

EPA will consider the comments 

received and amend the ICR as 

appropriate. The final ICR package will 

then be submitted to OMB for review 

and approval pursuant to 5 CFR 

1320.12. At that time, EPA will issue 

another Federal Register notice 

pursuant to 5 CFR 1320.5(a)(1)(iv) to 

announce the submission of the ICR to 

OMB and the opportunity to submit 

comments to OMB. If you have any 

questions about this ICR or the approval 

process, please contact the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Dated: September 21, 2010. 

John Moses, 

Director, Collection Strategies Division. 

[FR Doc. 2010–24292 Filed 9–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2004–0450; FRL–9207–6; 

EPA ICR Number 2395.01; OMB Control 

Number 2060–NEW] 

Agency Information Collection 

Activities; Submission to OMB for 

Review and Approval; Comment 

Request; Aerospace Manufacturing 

and Rework Industry Information 

Collection 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), this document announces 

that an Information Collection Request 

has been forwarded to the Office of 

Management and Budget for review and 

approval. This is a request for a new 

collection. The Information Collection 

Request, which is abstracted below, 

describes the nature of the information 

collection and its estimated burden and 

cost. 

DATES: Additional comments may be 

submitted on or before October 28, 

2010. 

ADDRESSES: Submit your comments, 

referencing Docket ID No. EPA–HQ– 

OAR–2004–0450, to (1) EPA on-line 

using http://www.regulations.gov (our 

preferred method), or by mail to: EPA 

Docket Center, Environmental 

Protection Agency, Air and Radiation 

Docket Information Center, Mail Code 

28221T, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460, and (2) Office of 

Management and Budget (OMB) by mail 

to: Office of Information and Regulatory 

Affairs, OMB, Attention: Desk Officer 

for EPA, 725 17th Street, NW., 

Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: Kim 

Teal, Office of Air and Radiation, Office 

of Air Quality Planning and Standards, 

Mail Code E143–03, Research Triangle 

Park, North Carolina 27711; telephone 

number: (919) 541–5580; fax number: 

(919) 541–3470; e-mail address: 

teal.kim@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA has 

submitted the following Information 

Collection Request (ICR) to OMB for 

review and approval according to the 

procedures prescribed in 5 CFR 1320.12. 

On Tuesday, June 22, 2010 (75 FR 

35454), EPA sought comments on this 

ICR pursuant to 5 CFR 1320.8(d). EPA 

received two comment letters during the 

comment period, which are addressed 

in the ICR. Any additional comments on 

this ICR should be submitted to EPA 

and OMB within 30 days of this notice. 

EPA has established a public docket 

for this ICR under Docket ID No. EPA– 

HQ–OAR–2004–0450 which is available 

for on-line viewing at http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center, Public Reading 

Room, EPA West, Room 3334, 1301 

Constitution Avenue, NW., Washington, 

DC 20004. The normal business hours 

are 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding Federal 

holidays. The telephone number for the 

Reading Room is 202–566–1744 and the 

telephone number for the Air and 

Radiation Docket is 202–566–1742. 

Use EPA’s electronic docket and 

comment system at http:// 

www.regulations.gov to submit or view 

public comments, access the index 

listing of the contents of the docket and 

to access those documents in the docket 

that are available electronically. Once in 

the system, select ‘‘docket search,’’ then 

key in the docket ID number identified 

above. Please note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing at http://www.regulations.gov 

as EPA receives them and without 

change, unless the comment contains 

copyrighted material, confidential 

business information (CBI) or other 

information whose public disclosure is 

restricted by statute. For further 

information about the electronic docket, 

go to http://www.regulations.gov. 

Title: Aerospace Manufacturing and 

Rework Industry Information Collection 

ICR number: EPA ICR Number 

2395.01, OMB Control Number 2060– 

NEW 

ICR status: This ICR is for a new 

information collection activity. An 

Agency may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information, unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in Title 40 of the Code 

of Federal Regulations (CFR), after 

appearing in the Federal Register when 

approved, are listed in 40 CFR part 9, 

and are displayed either by publication 

in the Federal Register or by other 

appropriate means, such as on the 

related collection instrument or form, if 

applicable. The display of OMB control 

numbers in certain EPA regulations is 

consolidated in 40 CFR part 9. 

Abstract: This ICR was developed 

specifically for aerospace manufacturing 

and rework facilities and has been 

tailored to the processes at aerospace 

facilities. Respondents may use an 

electronic submission approach that 

will be less burdensome for both the 

facilities that must respond and for EPA 

personnel who must compile the 


srobinson on DSKHWCL6B1PROD with NOTICES