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

1 Revised 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).

2 Order No. 2001, FERC Stats & Regs. ¶ 31,127 at
P 222.

3 Id. P 223.

4 See, e.g., Electric Quarterly Reports, 75 FR 45,111 (Aug. 2, 2010); Electric Quarterly Reports, 75 FR 19,646 (Apr. 15, 2010). 5 See BM2 LLC, Docket No. ER06–885–000 (August 2, 2010) (unpublished letter order); DJGW, LLC, Docket No. ER04–289–000 (August 2, 2010) (unpublished letter order).

6 According 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, theCommission 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 utilitieswith 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://


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

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


### 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