54116 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices 

Center, Attn: CEERD–OT (Ms. Bea 

Shahin), 2902 Newmark Drive, 

Champaign, IL 61822–1076. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Bea Shahin (217) 373–7234, FAX (217) 

373–7210, e-mail: 

Bea.S.Shahin@usace.army.mil. 

SUPPLEMENTARY INFORMATION: This 

patent application claims a method by 

which a biologically-natural material 

can be produced in bioreactors and 

transformed for use as a dry solid. The 

resulting biopolymer material can be 

used in place of synthetic, petroleumbased polymers for soil amendment 

applications to achieve increased soil 

strength, reduced air transport, and 

decreased soil erosion. During 

processing, the biopolymer also can be 

functionalized to improve its adsorption 

of heavy metals. 

Brenda S. Bowen, 

Army Federal Register Liaison Officer. 

[FR Doc. 2010–22046 Filed 9–2–10; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Notice of Intent To Grant Partially 

Exclusive License of the United States 

Patent Application No. 12/243,084, 

Filed October 01, 2008, Entitled: 

Soluble Salt Produced From a 

Biopolymer and a Process for 

Producing the Salt 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DOD. 

ACTION: Notice of intent. 

SUMMARY: In accordance with 37 CFR 

404.7(a)(1)(i), announcement is made of 

a prospective partially exclusive license 

of the following U.S. Patent Application 

12/243,084, Filed October 01, 2008, to 

Green & Grow LLC for use in 

agricultural applications and products 

(to include crop preparation, cover crop, 

seed germination, seed coatings, side 

dressing, lawn application and starter 

ground cover) and applications in the 

fields of soil and slope stabilization, 

enhanced bioremediation, dust and runoff control, fly ash removal, emissions 

particulate removal, metal and inorganic 

chelation in soils and water, soil 

erosion, road stabilizer, and dust 

suppression. 

DATES: Written objections must be filed 

not later than 15 days following 

publication of this announcement. 

ADDRESSES: United States Army 

Engineer Research and Development 

Center, Attn: CEERD–OT (Ms. Bea 

Shahin), 2902 Newmark Drive, 

Champaign, IL 6182–1076. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Bea Shahin (217) 373–7234, FAX (217) 

373–7210, e-mail: 

Bea.S.Shahin@usace.army.mil. 

SUPPLEMENTARY INFORMATION: This 

patent application claims a method by 

which a biologically-natural material 

can be produced in bioreactors and 

transformed for use as a dry solid. The 

resulting biopolymer material can be 

used in place of synthetic, petroleumbased polymers for soil amendment 

applications to achieve increased soil 

strength, reduced air transport, and 

decreased soil erosion. During 

processing, the biopolymer also can be 

functionalized to improve its adsorption 

of heavy metals. 

Brenda S. Bowen, 

Army Federal Register Liaison Officer. 

[FR Doc. 2010–22047 Filed 9–2–10; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF ENERGY 

[OE Docket No. EA–171–C] 

Application To Export Electric Energy; 

Powerex Corp 

AGENCY: Office of Electricity Delivery 

and Energy Reliability, DOE. 

ACTION: Notice of application. 

SUMMARY: Powerex Corp. (Powerex) has 

applied to renew its authority to 

transmit electric energy from the United 

States to Canada pursuant to section 

202(e) of the Federal Power Act (FPA). 

DATES: Comments, protests, or requests 

to intervene must be submitted on or 

before October 4, 2010. 

ADDRESSES: Comments, protests or 

requests to intervene should be 

addressed as follows: Office of 

Electricity Delivery and Energy 

Reliability, Mail Code: OE–20, U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0350 (FAX 202– 

586–8008). 

FOR FURTHER INFORMATION CONTACT: 

Christopher Lawrence (Program Office) 

202–586–5260 or Michael Skinker 

(Program Attorney) 202–586–2793. 

SUPPLEMENTARY INFORMATION: Exports of 

electricity from the United States to a 

foreign country are regulated by the 

Department of Energy (DOE) pursuant to 

sections 301(b) and 402(f) of the 

Department of Energy Organization Act 

(42 U.S.C. 7151(b), 7172(f)) and require 

authorization under section 202(e) of 

the FPA (16 U.S.C. 824a(e)). 

On February 25, 1998, the DOE issued 

Order No. EA–171 which authorized 

Powerex to transmit electric energy from 

the United States to Canada for a twoyear term as a power marketer using 

existing international transmission 

facilities. DOE renewed the Powerex 

export authorization on February 23, 

2000, for a five-year term in Order No. 

EA–171–A, and again for five years on 

November 18, 2005, in Order No. EA– 

171–B. That Order will expire on 

November 18, 2010. On May 19, 2010, 

Powerex filed an application with DOE 

for renewal of the export authority 

contained in Order No. EA–171–B for an 

additional five-year term. 

The electric energy that Powerex 

proposes to export to Canada would be 

surplus energy purchased from electric 

utilities, Federal power marketing 

agencies, and other entities within the 

United States. The existing international 

transmission facilities to be utilized by 

Powerex have previously been 

authorized by Presidential permits 

issued pursuant to Executive Order 

10485, as amended, and are appropriate 

for open access transmission by third 

parties. 

Procedural Matters: Any person 

desiring to become a party to these 

proceedings or to be heard by filing 

comments or protests to this application 

should file a petition to intervene, 

comment, or protest at the address 

provided above in accordance with 

§§ 385.211 or 385.214 of the Federal 

Energy Regulatory Commission’s Rules 

of Practice and Procedures (18 CFR 

385.211, 385.214). Fifteen copies of each 

petition and protest should be filed with 

DOE on or before the date listed above. 

Comments on the Powerex 

application to export electric energy to 

Canada should be clearly marked with 

Docket No. EA–171–C. Additional 

copies are to be filed directly with Mike 

MacDougal and Karen McDonald, 

Powerex Corp., 666 Burrard Street, Suite 

1400, Vancouver, British Columbia, 

Canada V6C 2X8 and Deanna E. King, 

Bracewell & Giuliani LLP, 111 Congress 

Avenue, Suite 2300, Austin, Texas 

78701. A final decision will be made on 

this application after the environmental 

impacts have been evaluated pursuant 

to DOE’s National Environmental Policy 

Act Implementing Procedures (10 CFR 

Part 1021) and after a determination is 

made by DOE that the proposed action 

will not adversely impact on the 

reliability of the U.S. electric power 

supply system. 

Copies of this application will be 

made available, upon request, for public 

inspection and copying at the address 

provided above, by accessing the 

program Web site at http:// 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Notices 54117 

www.oe.energy.gov/ 

permits_pending.htm, or by e-mailing 

Odessa Hopkins at 

Odessa.Hopkins@hq.doe.gov. 

Issued in Washington, DC, on August 27, 

2010. 

Anthony J. Como, 

Director, Permitting and Siting, Office of 

Electricity Delivery and Energy Reliability. 

[FR Doc. 2010–22064 Filed 9–2–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[Docket No. EERE–2006–BC–0132] 

RIN 1904–AC18 

Building Energy Standards Program: 

Preliminary Determination Regarding 

Energy Efficiency Improvements in the 

Energy Standard for Buildings, Except 

Low-Rise Residential Buildings, ANSI/ 

ASHRAE/IESNA Standard 90.1–2007 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy 

ACTION: Notice of preliminary 

determination. 

SUMMARY: The Department of Energy 

(DOE) has preliminarily determined that 

the 2007 edition of the Energy Standard 

for Buildings, Except Low-Rise 

Residential Buildings, American 

National Standards Institute (ANSI)/ 

American Society of Heating, 

Refrigerating and Air-Conditioning 

Engineers (ASHRAE) Illuminating 

Engineering Society of North America 

(IESNA) Standard 90.1–2007, (Standard 

90.1–2007) would achieve greater 

energy efficiency in buildings subject to 

the code, than the 2004 edition 

(Standard 90.1–2004 or the 2004 

edition). Also, DOE has preliminarily 

determined that the quantitative 

analysis of the energy consumption of 

buildings built to Standard 90.1–2007, 

as compared with buildings built to 

Standard 90.1–2004, indicates national 

source energy savings of approximately 

3.7 percent of commercial building 

energy consumption. Additionally, DOE 

has preliminarily determined site 

energy savings are estimated to be 

approximately 4.4 percent. If these 

determinations are finalized, States 

would be required to certify that they 

have reviewed the provisions of their 

commercial building code regarding 

energy efficiency, and as necessary, 

updated their code to meet or exceed 

Standard 90.1–2007. Additionally, this 

Notice provides guidance to States on 

Certifications, and Requests for 

Extensions of Deadlines for Certification 

Statements, should the preliminary 

determination by adopted as final. 

DATES: Comments on the preliminary 

determination must be provided by 

October 4, 2010. 

ADDRESSES: You may submit comments, 

identified by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: ronald.majette@ee.doe.gov. 

Include RIN 1904–AC18 in the subject 

line of the message. 

• Postal Mail: Mr. Ronald B. Majette, 

U.S. Department of Energy, Office of 

Energy Efficiency and Renewable 

Energy, Forrestal Building, Mail Station 

EE–2J, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121, 

Please submit one signed paper original. 

• Hand Delivery/Courier: Mr. Ronald 

B. Majette, U.S. Department of Energy, 

Building Technologies Program, Room 

6003, 1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Instructions: All submissions must 

include the agency name, Department of 

Energy, and docket number, EERE– 

2006–BC–0132, or Regulatory 

Information Number (RIN), 1904–AC18, 

for this rulemaking. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ronald B. Majette, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Forrestal Building, 

Mail Station EE–2J, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121, 202–586–7935. For legal issues 

contact Kavita Patel, U.S. Department of 

Energy, Office of the General Counsel, 

Forrestal Building, GC–71, 1000 

Independence Avenue, SW., 

Washington, DC 20585, (202) 586–0669, 

e-mail: Kavita.Patel@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

A. Statutory Requirements 

B. Background 

1. Publication of Standard 90.1–2007 

2. Analysis Methodology 

3. DOE Response to Comments on Previous 

Analysis 

C. Summary of the Comparative Analysis 

1. Quantitative Analysis 

2. Detailed Textual Analysis 

D. Preliminary Determination Statement 

II. Results of Quantitative Analysis 

III. Discussion of Detailed Textual Analysis 

IV. Filing Certification Statements With DOE 

A. Review and Update 

B. Certification 

C. Requests for Extensions To Certify 

V. Regulatory Analysis 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the National 

Environmental Policy Act of 1969 

D. Review Under Executive Order 13132, 

‘‘Federalism’’ 

E. Review Under the Unfunded Mandates 

Reform Act of 1995 

F. Review Under the Treasury and General 

Government Appropriations Act of 1999 

G. Review Under the Treasury and General 

Government Appropriations Act of 2001 

H. Review Under Executive Order 13211 

I. Review Under Executive Order 13175 

VI. Public Participation 

VII. Approval of the Office of the Secretary 

I. Introduction 

A. Statutory Requirements 

Title III of the Energy Conservation 

and Production Act, as amended 

(ECPA), establishes requirements for the 

Building Energy Efficiency Standards 

Program. (42 U.S.C. 6831 et seq.) 

Section 304(b), as amended, of ECPA 

provides that whenever the ANSI/ 

ASHRAE/IESNA Standard 90.1–1989 

(Standard 90.1–1989 or 1989 edition), or 

any successor to that code, is revised, 

the Secretary must make a 

determination, not later than 12 months 

after such revision, whether the revised 

code would improve energy efficiency 

in commercial buildings and must 

publish notice of such determination in 

the Federal Register. (42 U.S.C. 6833 

(b)(2)(A)) The Secretary may determine 

that the revision of Standard 90.1–1989 

or any successor thereof, improves the 

level of energy efficiency in commercial 

buildings. If so, then not later than two 

years after the date of the publication of 

such affirmative determination, each 

State is required to certify that it has 

reviewed and updated the provisions of 

its commercial building code regarding 

energy efficiency with respect to the 

revised or successor code. (42 U.S.C. 

6833(b)(2)(B)(i)) The State must include 

in its certification a demonstration that 

the provisions of its commercial 

building code, regarding energy 

efficiency, meet or exceed the revised 

standard. (42 U.S.C. 6833(b)(2)(B)(i)) 

If the Secretary makes a determination 

that the revised standard will not 

improve energy efficiency in 

commercial buildings, State commercial 

codes shall meet or exceed the last 

revised standard for which the Secretary 

has made a positive determination. (42 

U.S.C. 6833(b)(2)(B)(ii)). On December 

30, 2008, the Secretary published a 

determination in the Federal Register 

updating the reference code to Standard 

90.1–2004. 73 FR 79868. 

ECPA also requires the Secretary to 

permit extensions of the deadlines for 

the State certification if a State can 

demonstrate that it has made a good 

faith effort to comply with the 

requirements of Section 304(c) of ECPA 

and that it has made significant progress 

in doing so. (42 U.S.C. 6833(c)) 


srobinson on DSKHWCL6B1PROD with NOTICES