Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Notices 41693 

officers and employees who have a need 

for the record in the performance of 

their duties. Recipients of this 

information pursuant to this routine use 

are subject to the same limitations 

applicable to Department officers and 

employees under the Privacy Act. 

6. A record from this system may be 

disclosed as a routine use when (1) it is 

suspected or confirmed that the security 

or confidentiality of information in the 

system of records has been 

compromised; (2) the Department has 

determined that as a result of the 

suspected or confirmed compromise 

there is a risk of harm to economic or 

property interests, identity theft or 

fraud, or harm to the security integrity 

of this system or other systems or 

programs (whether maintained by the 

Department or another agency or entity) 

that rely upon the compromised 

information; and (3) the disclosure is 

made to such agencies, entities, and 

persons who are reasonably necessary to 

assist in connection with the 

Department’s efforts to respond to the 

suspected or confirmed compromise 

and prevent, minimize, or remedy such 

harm. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records may be stored as paper 

records and electronic media. 

RETRIEVABILITY: 

Records are retrieved by the name of 

the concerned employee or complainant 

or other personal identifier, such as 

social security number. 

SAFEGUARDS: 

Paper records are maintained in 

locked cabinets and desks. Electronic 

records are controlled through 

established DOE computer center 

procedures (personnel screening and 

physical security), and they are 

password protected. Access is limited to 

those whose official duties require 

access to the records. 

RETENTION AND DISPOSAL: 

Records retention and disposal 

authorities are contained in the National 

Archives and Records Administration 

(NARA) General Records Schedule and 

DOE records schedules that have been 

approved by NARA. 

SYSTEM MANAGER(S) AND ADDRESS: 

Headquarters: Director, Office of 

Employee Concerns, U.S. Department of 

Energy, 1000 Independence Avenue, 

SW., Washington, DC 20585. 

Field Offices: The managers of the 

Office of Employee Concerns at the 

‘‘System Locations’’ listed above are the 

system managers for their respective 

portions of this system. 

NOTIFICATION PROCEDURES: 

In accordance with the DOE 

regulation implementing the Privacy 

Act, at Title 10, Code of Federal 

Regulations, Part 1008, a request by an 

individual to determine if a system of 

records contains information about him/ 

her should be directed to the U S. 

Department of Energy, Headquarters, 

Privacy Act Officer, or the Privacy Act 

Officer at the appropriate address 

identified above under ‘‘System 

Locations.’’ For records maintained by 

Laboratories or Field Site Offices, the 

request should be directed to the 

Privacy Act Officer for the site that has 

jurisdiction over the ‘‘System Location’’ 

as listed in the Correlation. The request 

should include the requester’s complete 

name, time period for which records are 

sought, and the office location(s) where 

the requester believes the records are 

located. 

RECORDS ACCESS PROCEDURES: 

Same as Notification Procedures 

above. Records generally are kept at 

locations where the work is performed. 

In accordance with the DOE Privacy Act 

regulation, proper identification is 

required before a request is processed. 

CONTESTING RECORD PROCEDURES: 

Same as Notification Procedures 

above. 

RECORD SOURCE CATEGORIES: 

The concerned employee or 

complainant; applicable management 

officials; program office records; and 

congressional offices. 

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

The system is exempt under 

subsections 552a(k)(1), (2) and (5) of the 

Privacy Act to the extent that 

information within the system meets the 

criteria of those subsections of the Act. 

Such information has been exempted 

from the provisions of subsections 

(c)(3); 5 U.S.C. Sec. 552a(d); 5 U.S.C. 

552a(e)(1) of the Act; see the 

Department’s Privacy Act regulation at 

10 CFR Part 1008. 

[FR Doc. E9–19768 Filed 8–17–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Variance for Certain Requirements 

Under the Department of Energy’s 

National Environmental Policy Act 

Implementing Procedures for the 

Deployment of Combined Heat and 

Power, District Energy Systems, Waste 

Energy Recovery Systems, and 

Efficient Industrial Equipment Initiative 

AGENCY: U.S. Department of Energy. 

ACTION: Notice of Variance. 

SUMMARY: This notice announces the 

Department of Energy’s (DOE’s) 

decision, pursuant to 10 CFR 

1021.343(c), that it is in the interest of 

public welfare to grant a variance from 

certain requirements of its National 

Environmental Policy Act (NEPA) 

Implementing Procedures (10 CFR part 

1021) in regard to the review of 

applications under the Deployment of 

Combined Heat and Power, District 

Energy Systems, Waste Energy Recovery 

Systems, and Efficient Industrial 

Equipment Initiative funded by the 

American Recovery and Reinvestment 

Act of 2009 (Recovery Act). The 

variance is limited to certain 

requirements identified in 10 CFR 

1021.216, Procurement, Financial 

Assistance, and Joint Ventures. The 

variance in no way affects the 

requirement to prepare an 

environmental assessment or 

environmental impact statement, as 

applicable, for projects selected for 

funding. The merit review of 

applications in response to this funding 

opportunity will include consideration 

of the potentially significant 

environmental impacts of the projects 

proposed for funding that are within the 

competitive range. By providing this 

variance, DOE can reduce the time 

needed to select projects for possible 

future funding consistent with the sense 

of urgency underpinning the Recovery 

Act. 

DATES: Effective date: August 18, 2009. 

FOR FURTHER INFORMATION CONTACT: Dr. 

R. Paul Detwiler, Director, Office of 

Project Facilitation and Compliance, 

National Energy Technology Laboratory, 

626 Cochrans Mill Road, P.O. Box 

10940, Pittsburgh, PA 15236–0940 or 

Ralph.Detwiler@netl.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The purposes of the Recovery Act are 

to: (1) Preserve and create jobs and 

promote economic recovery; (2) assist 

those most impacted by the recession; 

(3) provide investments needed to 

increase economic efficiency by 


jlentini on DSKJ8SOYB1PROD with NOTICES
41694 Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Notices 

1 DOE’s NEPA regulations state at 10 CFR 

1021.343(c) that the Secretary of Energy must 

provide written approval of any variance under that 

section. However, this authority has been delegated 

to the General Counsel pursuant to Department of 

Energy Delegation Order No. 00–015.00A to the 

General Counsel. 

spurring technological advances in 

science and health; (4) invest in 

transportation, environmental 

protection, and other infrastructure that 

will provide long-term economic 

benefits; and (5) stabilize State and local 

government budgets, in order to 

minimize and avoid reductions in 

essential services and 

counterproductive State and local tax 

increases. Federal departments must 

manage and expend funds made 

available through the Recovery Act to 

achieve these purposes, ‘‘including 

commencing expenditures and activities 

as quickly as possible consistent with 

prudent management.’’ (Recovery Act, 

section 3) 

In the Recovery Act, the Congress 

appropriated $16.8 billion for DOE to 

further energy efficiency and renewable 

energy. (Recovery Act, Division A, Title 

IV) DOE decided to make $156 million 

of these funds available for grants to 

entities that will deploy sustainable 

energy infrastructure projects and 

energy efficient industrial technologies 

in four areas: combined heat and power 

systems; district energy systems; 

industrial waste energy recovery; and 

efficient industrial equipment. To 

implement this decision, DOE issued a 

competitive financial assistance funding 

opportunity announcement on June 1, 

2009. (Recovery Act: Deployment of 

Combined Heat and Power (CHP) 

Systems, District Energy Systems, Waste 

Energy Systems, and Efficient Industrial 

Equipment, DE–FOA–0000044). 

This funding opportunity is critical to 

the deployment of new and replacement 

systems and equipment that are highly 

efficient and that make use of energy 

that would otherwise be wasted. In the 

areas of combined heat and power 

systems and district energy systems, 

new systems must have a thermal 

efficiency of at least 60 percent; 

replacement systems must provide an 

efficiency increase of at least 25 percent 

compared to the system being replaced. 

In the area of waste energy recovery 

systems, new systems must have a 

minimum efficiency of 30 percent; 

replacement systems must provide a 25 

percent increase over the replaced 

system. As to energy efficient industrial 

equipment, applicants must deploy 

technologies that result in a minimum 

efficiency improvement of 25 percent. 

Deployment of these systems and 

equipment will produce substantial 

energy savings and aid in the nation’s 

economic recovery by creating or 

retaining jobs in the United States. 

The funding opportunity 

announcement is a competitive 

solicitation. DOE has received more 

than 225 applications, which is more 

than it expects to be able to fund. DOE 

is now reviewing the merits of the 

applications in order to select those to 

which it may provide funding. One 

aspect of the merit review process is 

consideration of potential adverse 

environmental impacts. As part of the 

application process, each applicant was 

required to complete an environmental 

questionnaire; the environmental 

information in these questionnaires will 

be considered during the merit review. 

Consideration of potential 

environmental impacts will be 

facilitated by the participation of DOE 

NEPA Compliance Officers, who will 

assist the merit review panel in 

preparation of the Merit Review Report, 

and the selection official in his 

consideration of the report and of the 

proposals deemed suitable for funding. 

DOE’s NEPA implementing 

procedures, at 10 CFR 1021.216, 

establish a process for the consideration 

of potential environmental impacts 

prior to selection. The central element 

of this process is preparation by DOE of 

an environmental critique containing, 

among other things, a ‘‘brief 

comparative evaluation of the potential 

environmental impacts of the offers, 

which will address direct and indirect 

effects, short-term and long-term effects, 

proposed mitigation measures, adverse 

effects that cannot be avoided, areas 

where important environmental 

information is incomplete and 

unavailable, unresolved environmental 

issues and practicable mitigating 

measures not included in the offeror’s 

proposal.’’ (10 CFR 1021.216(g)(3)) This 

environmental critique forms the basis 

for an environmental synopsis, which is 

made available to the public and is 

incorporated into any environmental 

assessment or environmental impact 

statement prepared. (10 CFR 

1021.216(h)) Another feature of the 

environmental critique is that, in 

addition to information provided by the 

applicant, ‘‘it may also evaluate 

supplemental information developed by 

DOE as necessary for a reasoned 

decision.’’ (10 CFR 1021.216(f)) This 

contrasts with the merit review process, 

which is limited to information 

provided in the application. Some other 

components of an environmental 

critique (e.g., brief discussion of the 

purpose of the funding opportunity and 

of the applicants’ proposals) repeat 

information that is already part of the 

Merit Review Report that is prepared for 

the selection official. (The Merit Review 

Report is not publicly available.) 

DOE’s existing NEPA regulations 

provide for certain variances ‘‘soundly 

based on the interests of national 

security or the public health, safety, or 

welfare.’’ (10 CFR 1021.343(c)) Any 

such variance must have the advance 

written approval of the General 

Counsel,1 and DOE must publish a 

notice in the Federal Register specifying 

the variance granted and the reasons. 

Variance 

Pursuant to 10 CFR 1021.343(c), I 

have determined that granting a 

variance from the requirements of 10 

CFR 1021.216(c) through (h) with 

respect to the Department’s funding 

opportunity for the Deployment of 

Combined Heat and Power Systems, 

District Energy Systems, Waste Energy 

Systems, and Efficient Industrial 

Equipment (DE–FOA–0000044) is 

soundly based on the interests of public 

welfare. Expediting the award of 

funding to promising proposals will 

accelerate deployment of sustainable 

energy infrastructure and energy 

efficient industrial technologies that 

will reduce energy use. In addition, it 

will facilitate the nation’s economic 

recovery by creating and retaining jobs. 

I have concluded that the 

Department’s process for making these 

funding awards will provide the 

selecting official with sufficient 

information regarding potential 

environmental impacts in the Merit 

Review Report, which will summarize 

the strengths and weaknesses of the 

proposals according to the merit review 

criteria and discuss the potential 

environmental impacts of the proposals 

under consideration for selection. This 

report also will provide certain other 

information called for in 10 CFR 

1021.216(g). 

This variance does not affect the 

requirements imposed by 10 CFR 

1021.216(i). If projects selected for 

funding require preparation of an 

environmental assessment or 

environmental impact statement, these 

NEPA reviews will be completed before 

DOE takes any action that would have 

an adverse environmental impact or 

limit the choice of reasonable 

alternatives. In addition, consistent with 

the openness provisions of 10 CFR 

1021.216(h), any such environmental 

assessment or environmental impact 

statement will describe the 

environmental factors noted in the Merit 

Review Report that are relevant to the 

proposal being analyzed. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Notices 41695 

Issued in Washington, DC, on August 12, 

2009. 

Eric J. Fygi, 

Acting General Counsel. 

[FR Doc. E9–19763 Filed 8–17–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP09–452–000] 

National Fuel Gas Supply Corporation; 

Notice of Request Under Blanket 

Authorization 

August 11, 2009. 

Take notice that on August 5, 2009, 

National Fuel Gas Supply Corporation 

(National Fuel), 6363 Main Street, 

Williamsville, New York 14221, filed in 

Docket No. CP09–452–000, a prior 

notice request pursuant to sections 

157.205 and 157.216 of the Federal 

Energy Regulatory Commission’s 

regulations under the Natural Gas Act 

for authorization to abandon certain 

minor underground natural gas storage 

facilities, located in Jefferson County, 

Pennsylvania, 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. 

Specifically, National Fuel proposes 

to plug and abandon one injection/ 

withdrawal well, Well 4885 and to 

abandon the associated well line GW– 

4885, consisting of approximately 500 

feet of 4-inch diameter pipeline, in the 

Galbraith Storage Field, located in 

Jefferson County, Pennsylvania. 

National Fuel states that the well is no 

longer useful due to poor injection 

performance and poor deliverability and 

needs to be reconditioned or plugged 

due to deterioration of the well casing. 

National Fuel declares that the well line 

will serve no purpose once the well is 

plugged and abandoned. National Fuel 

asserts that due to the poor performance 

of Well 4885, the proposed 

abandonment will not result in a 

material decrease in service to 

customers. 

Any questions regarding the 

application should be directed to David 

W. Reitz, Deputy General Counsel, 

National Fuel Gas Supply Corporation, 

6363 Main Street, Williamsville, New 

York 14221, or call at (716) 857–7949. 

Any person may, within 60 days after 

the issuance of the instant notice by the 

Commission, file pursuant to Rule 214 

of the Commission’s Procedural Rules 

(18 CFR 385.214) a motion to intervene 

or notice of intervention. Any person 

filing to intervene or the Commission’s 

staff may, pursuant to section 157.205 of 

the Commission’s Regulations under the 

Natural Gas Act (NGA) (18 CFR 157.205) 

file a protest to the request. If no protest 

is filed within the time allowed 

therefore, the proposed activity shall be 

deemed to be authorized effective the 

day after the time allowed for protest. If 

a protest is filed and not withdrawn 

within 30 days after the time allowed 

for filing a protest, the instant request 

shall be treated as an application for 

authorization pursuant to section 7 of 

the NGA. 

The Commission strongly encourages 

electronic filings of comments, protests, 

and interventions via the Internet in lieu 

of paper. See 18 CFR 385.2001(a)(1)(iii) 

and the instructions on the 

Commission’s Web site (http:// 

www.ferc.gov) under the ‘‘e-Filing’’ link. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–19729 Filed 8–17–09; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–ORD–2009–NNNN; FRL–8943–2] 

Availability of the External Peer Review 

Draft of Using Probabilistic Methods 

To Enhance the Role of Risk Analysis 

in Decision-Making With Case Study 

Examples 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of document availability 

for public comment. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is announcing 

a 15-day public comment period for the 

external peer review draft of ‘‘Using 

Probabilistic Methods to Enhance the 

Role of Risk Analysis in DecisionMaking With Case Study Examples,’’ a 

white paper, and the ‘‘Manager’s 

Summary’’ of the same document. All 

comments received by the closing date 

of September 1, 2009 will be shared 

with the external peer review panel for 

their consideration. Comments received 

after the close of the comment period 

may be considered by EPA when it 

finalizes the document. These draft 

interim papers do not represent and 

should not be construed to represent 

any EPA policy, viewpoint, or 

determination. Members of the public 

may obtain the draft documents from 

http://www.regulations.gov; or http:// 

www.epa.gov/raf/prawhitepaper; or 

from Gary Bangs via the contact 

information below. 

EPA will convene a panel of invited 

experts to review the draft document. 

The external expert peer review will be 

conducted by letter and closed 

teleconference in the May 2009 time 

frame. The panel may consider public 

comments received in the official public 

docket for this activity under docket ID 

number EPA–HQ–ORD–2009–NNNN. 

The draft documents and peer-review 

charge are available at http:// 

www.epa.gov/raf/prawhitepaper. In 

preparing a final document, EPA will 

consider the public comments 

submitted to EPA’s docket during the 

public comment period as well as the 

comments and recommendations from 

the external peer-reviewers. 

EPA is releasing these draft 

documents solely for the purpose of predissemination peer review under 

applicable information quality 

guidelines. These documents have not 

been formally disseminated by the EPA. 

They do not represent and should not be 

construed to represent any Agency 

policy or determination. 

DATES: All comments received by 

September 1, 2009 will be shared with 

the external peer review panel for their 

consideration. Comments received 

beyond that time may be considered by 

EPA when it finalizes the documents. 

ADDRESSES: The draft documents are 

available electronically through the EPA 

Office of the Science Advisor’s Web site 

at: http://www.epa.gov/raf/ 

prawhitepaper. 

Submit your comments, identified by 

Docket ID No. EPA–HQ–ORD–2009– 

NNNN, by one of the following 

methods: 

• Online at: http:// 

www.regulations.gov; Follow the on-line 

instructions for submitting comments. 

• E-mail: ORD.Docket@epa.gov. 

• Mail: ORD Docket, Environmental 

Protection Agency, Mailcode: 28221T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

• Hand Delivery: EPA Docket Center 

(EPA/DC), Room 3334, EPA West 

Building, 1301 Constitution Avenue, 

NW., Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–ORD–2009– 

NNNN. Deliveries are only accepted 

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

through Friday, excluding legal 

holidays. Special arrangements should 

be made for deliveries of boxed 

information. 


jlentini on DSKJ8SOYB1PROD with NOTICES