52486 Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 

7 16 U.S.C. 839e(a)(2) (2006). Bonneville also 

must comply with the financial, accounting, and 

ratemaking requirements in Department of Energy 

Order No. RA 6120.2. 

8 16 U.S.C. 839e(k) (2006). 

9E.g., United States Department of Energy— 

Bonneville Power Administration, 67 FERC ¶ 

61,351 at 62,216–17 (1994); see also, e.g., 

Aluminum Co. of America v. Bonneville Power 

Administration, 903 F.2d 585, 592–93 (9th Cir. 

1989). 

10See 18 CFR 300.10(a)(3)(ii) (2009). 

11See, e.g., United States Department of Energy— 

Bonneville Power Administration, 64 FERC ¶ 

61,375 at 63,606 (1993); United States Department 

of Energy—Bonneville Power Administration, 40 

FERC ¶ 61,351 at 62,059–60 (1987). 

12See, e.g., United States Department of Energy— 

Bonneville Power Administration, 105 FERC ¶ 

61,006 at P13–14 (2003); United States Department 

of Energy—Bonneville Power Administration, 96 

FERC ¶ 61,360 at 62,358 (2001). 

13 18 CFR 300.20(c) (2009). 

intervene is governed by the provisions 

of Rule 214. 

Notice of Bonneville’s September 3, 

2009, errata corrections was published 

in the Federal Register, 74 FR 47,243 

(2009), with protests, or motions to 

intervene due on or before September 

15, 2009. None were filed. 

Standard of Review 

Under the Northwest Power Act, the 

Commission’s review of Bonneville’s 

regional power and transmission rates is 

limited to determining whether 

Bonneville’s proposed rates meet the 

three specific requirements of section 

7(a)(2) of the Northwest Power Act:7

(A) They must be sufficient to assure 

repayment of the Federal investment in 

the Federal Columbia River Power 

System over a reasonable number of 

years after first meeting Bonneville’s 

other costs; 

(B) They must be based upon 

Bonneville’s total system costs; and 

(C) Insofar as transmission rates are 

concerned, they must equitably allocate 

the costs of the Federal transmission 

system between Federal and nonFederal power. 

Commission review of Bonneville’s 

non-regional, non-firm rates also is 

limited. Review is restricted to 

determining whether such rates meet 

the requirements of section 7(k) of the 

Northwest Power Act,8 which requires 

that they comply with the Bonneville 

Project Act, the Flood Control Act of 

1944, and the Federal Columbia River 

Transmission System Act (Transmission 

System Act). Taken together, those 

statutes require that Bonneville’s nonregional, non-firm rates: 

(A) Recover the cost of generation and 

transmission of such electric energy, 

including the amortization of 

investments in the power projects 

within a reasonable period; 

(B) Encourage the most widespread 

use of Bonneville power; and 

(C) Provide the lowest possible rates 

to consumers consistent with sound 

business principles. 

Unlike the Commission’s statutory 

authority under the Federal Power Act, 

the Commission’s authority under 

sections 7(a) and 7(k) of the Northwest 

Power Act does not include the power 

to modify the rates. The responsibility 

for developing rates in the first instance 

is vested with Bonneville’s 

Administrator. The rates are then 

submitted to the Commission for 

approval or disapproval. In this regard, 

the Commission’s role can be viewed as 

an appellate one: to affirm or remand 

the rates submitted to it for review.9

Moreover, review at this interim stage 

is further limited. In view of the volume 

and complexity of a Bonneville rate 

application, such as the one now before 

the Commission in this filing, and the 

limited period in advance of the 

requested effective date in which to 

review the application,10 the 

Commission generally defers resolution 

of issues on the merits of Bonneville’s 

application until the order on final 

confirmation. Thus, the proposed rates, 

if not patently deficient, generally are 

approved on an interim basis and the 

parties are afforded an additional 

opportunity in which to raise issues 

with regard to Bonneville’s filing.11

The Commission declines at this time 

to grant final confirmation and approval 

of Bonneville’s proposed wholesale 

power and transmission rates. The 

Commission’s preliminary review 

nevertheless indicates that Bonneville’s 

wholesale power and transmission rates 

filing appears to meet the statutory 

standards and the minimum threshold 

filing requirements of Part 300 of the 

Commission’s regulations.12 Moreover, 

the Commission’s preliminary review of 

Bonneville’s submittal indicates that it 

does not contain any patent 

deficiencies. The proposed rates 

therefore will be approved on an interim 

basis pending our full review for final 

approval. We note, as well, that no one 

will be harmed by this decision because 

interim approval allows Bonneville’s 

rates to go into effect subject to refund 

with interest; the Commission may 

order refunds with interest if the 

Commission later determines in its final 

decision not to approve the rates.13

In addition, we will provide an 

additional period of time for parties to 

file comments and reply comments on 

issues related to final confirmation and 

approval of Bonneville’s proposed rates. 

This will ensure that the record in this 

proceeding is complete and fully 

developed. 

The Director 

Interim approval of Bonneville’s 

proposed wholesale power and 

transmission rates is hereby granted, to 

become effective on October 1, 2009, 

through September 30, 2011, subject to 

refund with interest as set forth in 

section 300.20(c) of the Commission’s 

regulations, 18 CFR 300.20(c) (2009), 

pending final action and either their 

approval or disapproval. 

Within thirty (30) days of the date of 

this order, parties who wish to do so 

may file additional comments regarding 

final confirmation and approval of 

Bonneville’s proposed rates. Parties who 

wish to do so may file reply comments 

within twenty (20) days thereafter. 

The Secretary shall promptly publish 

this order in the Federal Register. 

Authorities 

This action is taken pursuant to 

authority delegated to the Director, 

Division of Tariffs and Market 

Development—Central, under 18 CFR 

375.307 of the Commission’s 

Regulations. This order constitutes final 

agency action. Requests for rehearing by 

the Commission may be filed within 30 

days of the date of issuance of this order 

pursuant to 18 CFR 385.713. 

Penny S. Murrell, 

Director, Division of Tariffs and Market 

Development—Central. 

[FR Doc. E9–24545 Filed 10–9–09; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OECA–2009–0494; FRL–8966–8] 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; Tips and 

Complaints Regarding Environmental 

Violations; EPA ICR No. 2219.03, OMB 

Control No. 2020–0032 

AGENCY: Environmental Protection 

Agency. 

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 2/28/ 

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. 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 52487 

DATES: Comments must be submitted on 

or before December 14, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OECA–2009 0494, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: docket.oeca@epa.gov 

• Mail: The Enforcement and 

Compliance Docket and Information 

Center, Environmental Protection 

Agency, Mailcode: 28221 T, 1301 

Constitution Ave., NW., Washington, 

DC 20460. 

• Hand Delivery: 1301 Constitution 

Avenue, NW., Room 3334, Washington, 

DC 20460. 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–ECA–2009– 

0494. EPAs 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:// 

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/epahome/dockets.htm. 

FOR FURTHER INFORMATION CONTACT: 

Michael Le Desma; Legal Counsel 

Division; Office of Criminal 

Enforcement, Forensics and Training; 

Environmental Protection Agency, 

Building 25, Box 25227, Denver Federal 

Center, Denver, CO 80025; telephone 

number: (303) 462–9453; fax number: 

(303) 462–9075; e-mail address: 

desma.michael@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–OECA 2009–0494, which is 

available for online viewing at http:// 

www.regulations.gov, or in person 

viewing at the Enforcement and 

Compliance Docket and Information 

Center 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 Enforcement 

and Compliance Docket and Information 

Center is (202) 564–1927. 

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 to those who 

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 burdens 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? 

Docket ID No. EPA–HQ–OECA–2009– 

0494 

Affected entities: Entities potentially 

affected by this action are general 

members of the public who choose to 

voluntarily supply a tip or complaint 

regarding a suspected violation of 

environmental law. 

Title: Tips and Complaints Regarding 

Environmental Violations ICR numbers: 

EPA ICR No. 2219.03, OMB Control No. 

2020–0032. 

ICR status: This ICR is currently 

scheduled to expire on 2/28/2010. 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 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 


erowe on DSK5CLS3C1PROD with NOTICES
52488 Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 

numbers in certain EPA regulations is 

consolidated in 40 CFR Part 9. 

Abstract: EPA tips and complaints 

Webform is intended to provide an easy 

and convenient means by which 

members of the public can supply 

information to EPA regarding suspected 

violations of environmental law. The 

decision to provide a tip or complaint 

is entirely voluntary and use of the 

Webform when supplying a tip or 

complaint is also entirely voluntary. 

Those persons that provide tips need 

not supply contact information or other 

personal identifiers. Those who do 

supply such information, however, 

should know that this information may 

be shared by EPA with appropriate 

administrative, law enforcement, and 

judicial entities engaged in investigating 

or adjudicating the tip or complaint. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average one-half hour per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

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 of 

disclosing and providing information; 

adjust the existing ways to comply with 

any previously applicable instructions 

and requirements which have 

subsequently changed; train personnel 

to be able to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

It is expected that a total of 630 

people will complete the tips and 

complaints form each month, for a total 

of 7,560 people per year. Given that 

people typically arrive at the form with 

all of the information needed to 

complete the form, EPA expects that the 

form will take no more than 30 minutes 

to complete. Accordingly, EPA expects 

that the total annual burden hours will 

be approximately 3,780. EPA does not 

anticipate any capital or start-up costs 

associated with completion of this form. 

EPA also does not anticipate that, in 

the usual case, burden hours associated 

with the tips and complaint form will 

translate into actual labor costs; EPA 

expects relatively few tips or complaints 

to be submitted as part of an employee’s 

official duties. For this reason, EPA 

believes that the relevant ‘‘labor costs’’ 

associated with the form are best 

calculated as the wage opportunity cost 

to people of the form’s estimated burden 

hours. The wage opportunity cost of the 

burden hours associated with this form 

can be estimated by multiplying the 

total number of burden hours by the 

average national hourly wage reported 

by the Bureau of Labor Statistics (BLS). 

BLS reports the average hourly wage in 

July 2007 to have been $19.88 per hour; 

accordingly, the total wage opportunity 

cost associated with the tips and 

complaints form would be 

approximately $75,146 per annum. 

Are There Changes in the Estimates 

From the Last Approval? 

There is an increase of 1980 hours in 

the total estimated respondent burden 

compared with that identified in the ICR 

currently approved by OMB. This 

increase reflects the fact that tips and 

complaints are being filed at a higher 

rate than originally anticipated, a strong 

indication of the success of this 

program. There has been no change in 

the information being reported or the 

estimated burden per respondent. 

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)(l)(iv) to 

announce the submission of the ICR to 

OMB and the opportunity to submit 

additional 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 24, 2009. 

Cynthia Giles, 

Assistant Administrator, Office of 

Enforcement and Compliance Assurance. 

[FR Doc. E9–24458 Filed 10–9–09; 8:45 am] 

BILLING CODE 6560–50–M 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8967–8] 

2009 Fall Meeting of the Ozone 

Transport Commission 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of meeting. 

SUMMARY: The United States 

Environmental Protection Agency is 

announcing the 2009 Fall Meeting of the 

Ozone Transport Commission (OTC). 

This OTC meeting will explore options 

available for reducing ground-level 

ozone precursors in a multi-pollutant 

context. 

DATES: The meeting will be held on 

November 5, 2009 starting at 9 a.m. 

(EST) and ending at 5 p.m. 

ADDRESSES: Hotel Monaco Baltimore, 2 

North Charles Street, Baltimore, MD 

21201; (443) 692–6170. 

FOR FURTHER INFORMATION CONTACT: For 

documents and press inquiries contact: 

Ozone Transport Commission, 444 

North Capitol Street, NW., Suite 638, 

Washington, DC 20001; (202) 508–3840; 

e-mail: ozone@otcair.org; Web site: 

www.otcair.org. 

SUPPLEMENTARY INFORMATION: The Clean 

Air Act Amendments of 1990 contain at 

Section 184 provisions for the ‘‘Control 

of Interstate Ozone Air Pollution.’’ 

Section 184(a) establishes an ‘‘Ozone 

Transport Region’’ (OTR) comprised of 

the States of Connecticut, Delaware, 

Maine, Maryland, Massachusetts, New 

Hampshire, New Jersey, New York, 

Pennsylvania, Rhode Island, Vermont, 

parts of Virginia and the District of 

Columbia. The purpose of the Ozone 

Transport commission is to deal with 

ground-level ozone formation, transport, 

and control within the OTR. 

Type of Meeting: Open. 

Agenda: Copies of the final agenda 

will be available from the OTC office 

(202) 508–3840; by e-mail: 

ozone@otcair.org; or via the OTC Web 

site at http://www.otcair.org. 

Dated: September 30, 2009. 

James W. Newsom, 

Acting Regional Administrator, Region III. 

[FR Doc. E9–24553 Filed 10–9–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL ELECTION COMMISSION 

[Notice 2009—21] 

Filing Dates for the New York Special 

Election in the 23rd Congressional 

District 

AGENCY: Federal Election Commission. 

ACTION: Notice of filing dates for special 

election. 

SUMMARY: New York has scheduled a 

Special General Election on November 

3, 2009, to fill the U.S. House of 

Representatives seat in the TwentyThird Congressional District vacated by 

Representative John M. McHugh. 

Political committees participating in 

the New York Special General Election 

on November 3, 2009, shall file a 12-day 

Pre-General Report, and a 30-day PostGeneral Report. 


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