Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices 21551 

adversely affect a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local or Tribal governments or 

communities in a material way (also 

referred to as an ‘‘economically 

significant’’ rule); 

(2) Create serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impacts of entitlement grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

stated in the Executive order. 

This proposed regulatory action is not 

a significant regulatory action subject to 

review by OMB under section 3(f) of 

Executive Order 12866. 

We have also reviewed this regulatory 

action under Executive Order 13563, 

which supplements and explicitly 

reaffirms the principles, structures, and 

definitions governing regulatory review 

established in Executive Order 12866. 

To the extent permitted by law, 

Executive Order 13563 requires that an 

agency— 

(1) Propose or adopt regulations only 

on a reasoned determination that their 

benefits justify their costs (recognizing 

that some benefits and costs are difficult 

to quantify); 

(2) Tailor its regulations to impose the 

least burden on society, consistent with 

obtaining regulatory objectives and 

taking into account—among other things 

and to the extent practicable—the costs 

of cumulative regulations; 

(3) In choosing among alternative 

regulatory approaches, select those 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity); 

(4) To the extent feasible, specify 

performance objectives, rather than the 

behavior or manner of compliance a 

regulated entity must adopt; and 

(5) Identify and assess available 

alternatives to direct regulation, 

including economic incentives—such as 

user fees or marketable permits—to 

encourage the desired behavior, or 

provide information that enables the 

public to make choices. 

Executive Order 13563 also requires 

an agency ‘‘to use the best available 

techniques to quantify anticipated 

present and future benefits and costs as 

accurately as possible.’’ The Office of 

Information and Regulatory Affairs of 

OMB has emphasized that these 

techniques may include ‘‘identifying 

changing future compliance costs that 

might result from technological 

innovation or anticipated behavioral 

changes.’’ 

We are taking this regulatory action 

only on a reasoned determination that 

its benefits justify its costs. In choosing 

among alternative regulatory 

approaches, we selected those 

approaches that maximize net benefits. 

Based on the analysis that follows, the 

Department believes that this proposed 

priority is consistent with the principles 

in Executive Order 13563. 

We also have determined that this 

regulatory action would not unduly 

interfere with State, local, and tribal 

governments in the exercise of their 

governmental functions. 

In accordance with both Executive 

orders, the Department has assessed the 

potential costs and benefits of this 

regulatory action. The potential costs 

associated with this regulatory action 

are those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering the Department’s 

programs and activities. 

The benefits of the Disability and 

Rehabilitation Research Projects and 

Centers Programs have been well 

established over the years in that similar 

projects have been completed 

successfully. These proposed priorities 

will generate new knowledge through 

research and development. Another 

benefit of these proposed priorities is 

that the establishment of new RERCs 

will improve the lives of individuals 

with disabilities. The new RERCs will 

generate, disseminate, and promote the 

use of new information that will 

improve the options for individuals 

with disabilities to fully participate in 

their communities. 

Intergovernmental Review: This 

program is not subject to Executive 

Order 12372 and the regulations in 

34 CFR part 79. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) by 

contacting the Grants and Contracts 

Services Team, U.S. Department of 

Education, 400 Maryland Avenue SW., 

room 5075, PCP, Washington, DC 

20202–2550. Telephone: (202) 245– 

7363. If you use a TDD, call the FRS, toll 

free, at 1–800–877–8339. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: www.ed.gov/news/ 

fedregister. To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at this site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: April 5, 2012. 

Alexa Posny, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2012–8614 Filed 4–9–12; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 13287–004] 

New York City Department of 

Environmental Protection; Notice of 

Application Accepted for filing And 

Soliciting Motions To Intervene and 

Protests 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection. 

a. Type of Application: Major project, 

existing dam. 

b. Project No.: 13287–004. 

c. Date filed: February 29, 2012. 

d. Applicant: New York City 

Department of Environmental 

Protection. 

e. Name of Project: Cannonsville 

Hydroelectric Project. 

f. Location: On the West Branch of the 

Delaware River, near the Township of 

Deposit, Delaware County, New York. 

The project does not occupy any federal 

lands. 

g. Filed Pursuant to: Federal Power 

Act, 16 USC 791 (a)–825(r). 

h. Applicant Contact: Anthony J. 

Fiore, Chief of Staff—Operations, New 

York City Department of Environmental 

Protection, 59–17 Junction Blvd., 

Flushing, NY 11373–5108, (718) 595– 

6529 or afiore@dep.nyc.gov. 

i. FERC Contact: John Mudre, (202) 

502–8902 or john.mudre@ferc.gov. 

j. Deadline for filing motions to 

intervene and protests: 60 days from the 

issuance date of this notice. 

All documents may be filed 

electronically via the Internet. See 

18 CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s Web 

site http://www.ferc.gov/docs-filing/

efiling.asp. Commenters can submit 

brief comments up to 6,000 characters, 


srobinson on DSK4SPTVN1PROD with NOTICES
21552 Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Notices 

without prior registration, using the 

eComment system at http://www.ferc.

gov/docs-filing/ecomment.asp. You 

must include your name and contact 

information at the end of your 

comments. For assistance, please 

contact FERC Online Support at 

FERCOnlineSupport@ferc.gov or toll 

free at 1–866–208–3676, or for TTY, 

(202) 502–8659. Although the 

Commission strongly encourages 

electronic filing, documents may also be 

paper-filed. To paper-file, mail an 

original and seven copies to: Kimberly 

D. Bose, Secretary, Federal Energy 

Regulatory Commission, 888 First Street 

NE., Washington, DC 20426. 

The Commission’s Rules of Practice 

and Procedures require all intervenors 

filing documents with the Commission 

to serve a copy of that document on 

each person on the official service list 

for the project. Further, if an intervenor 

files comments or documents with the 

Commission relating to the merits of an 

issue that may affect the responsibilities 

of a particular resource agency, they 

must also serve a copy of the document 

on that resource agency. 

k. This application has been accepted 

for filing, but is not ready for 

environmental analysis at this time. 

l. Project facilities would include: (1) 

An existing 2,800-foot-long, 45-footwide earthen embankment dam with a 

crest elevation of 1,175.0 feet above 

mean sea level; (2) an existing 800-footlong stone masonry spillway; (3) an 

existing 12-mile-long, 4,670-acre 

impoundment (Cannonsville Reservoir); 

(4) four proposed penstocks branching 

from an existing 12-foot-diameter 

intake; (5) a proposed 168-foot-long by 

54-foot-wide powerhouse containing 

four horizontal shaft Francis generating 

units; (6) a proposed tailrace occupying 

approximately one acre; (7) a proposed 

transmission system consisting of a 150- 

foot-long underground and 1,200-footlong overhead 12.47-kilovolt (kV) line, a 

substation, and a 460-foot-long overhead 

46-kV line; and (8) appurtenant 

facilities. The project would have a total 

installed capacity of 14.08 megawatts 

and would generate approximately 

42,281 megawatt-hours of electricity 

annually. 

m. A copy of the application is 

available for review at the Commission 

in the Public Reference Room or may be 

viewed on the Commission’s Web site 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 

Online Support. A copy is also available 

for inspection and reproduction at the 

address in item h above. 

You may also register online at 

http://www.ferc.gov/docs-filing/

esubscription.asp to be notified via 

email of new filings and issuances 

related to this or other pending projects. 

For assistance, contact FERC Online 

Support. 

n. Any qualified applicant desiring to 

file a competing application must 

submit to the Commission, on or before 

the specified intervention deadline date, 

a competing development application, 

or a notice of intent to file such an 

application. Submission of a timely 

notice of intent allows an interested 

person to file the competing 

development application no later than 

120 days after the specified intervention 

deadline date. Applications for 

preliminary permits will not be 

accepted in response to this notice. 

A notice of intent must specify the 

exact name, business address, and 

telephone number of the prospective 

applicant, and must include an 

unequivocal statement of intent to 

submit a development application. A 

notice of intent must be served on the 

applicant(s) named in this public notice. 

Anyone may submit a protest or a 

motion to intervene in accordance with 

the requirements of Rules of Practice 

and Procedure, 18 CFR 385.210, 

385.211, and 385.214. In determining 

the appropriate action to take, the 

Commission will consider all protests 

filed, but only those who file a motion 

to intervene in accordance with the 

Commission’s Rules may become a 

party to the proceeding. Any protests or 

motions to intervene must be received 

on or before the specified deadline date 

for the particular application. 

When the application is ready for 

environmental analysis, the 

Commission will issue a public notice 

requesting comments, 

recommendations, terms and 

conditions, or prescriptions. 

All filings must: (1) Bear in all capital 

letters the title ‘‘PROTEST’’ or 

‘‘MOTION TO INTERVENE,’’ ‘‘NOTICE 

OF INTENT TO FILE COMPETING 

APPLICATION,’’ or ‘‘COMPETING 

APPLICATION;’’ (2) set forth in the 

heading the name of the applicant and 

the project number of the application to 

which the filing responds; (3) furnish 

the name, address, and telephone 

number of the person protesting or 

intervening; and (4) otherwise comply 

with the requirements of 18 CFR 

385.2001 through 385.2005. Agencies 

may obtain copies of the application 

directly from the applicant. A copy of 

any protest or motion to intervene must 

be served upon each representative of 

the applicant specified in the particular 

application. 

Dated: April 2, 2012. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2012–8529 Filed 4–9–12; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings #1 

Take notice that the Commission 

received the following electric corporate 

filings: 

Docket Numbers: EC12–90–000. 

Applicants: Duke Energy Ohio, Inc., 

Cinergy Corp., Duke Energy Retail Sales, 

LLC, Duke Energy Commercial 

Enterprises, Inc., Duke Energy Hanging 

Rock II, LLC, Duke Energy Lee II, LLC, 

Duke Energy Fayette II, LLC, Duke 

Energy Washington II, LLC, Duke 

Energy Commercial Asset Management, 

CinCap V LLC, Duke Energy Piketon, 

LLC, NewCo, LLC, Duke Energy Miami 

Fort, LLC, Duke Energy Beckjord, LLC, 

Duke Energy Stuart, LLC, Duke Energy 

Killen, LLC, Duke Energy Conesville, 

LLC, Duke Energy Zimmer, LLC, Duke 

Energy Dick’s Creek, LLC. 

Description: Application for 

Authorization for Disposition of 

Jurisdictional Facilities under Section 

203 of the Federal Power Act of Cinergy 

Corp., et al. 

Filed Date: 4/2/12. 

Accession Number: 20120402–5213. 

Comments Due: 5 p.m. ET 4/23/12. 

Docket Numbers: EC12–91–000. 

Applicants: San Diego Gas & Electric 

Company, Citizens Sunrise 

Transmission LLC. 

Description: Application of SDG&E 

and CST Regarding Power Transfer 

Capability Lease and Request for 

Expedited Action. 

Filed Date: 4/2/12. 

Accession Number: 20120402–5310. 

Comments Due: 5 p.m. ET 4/23/12. 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER12–760–002. 

Applicants: California Independent 

System Operator Corporation. 

Description: 2012–04–02 Penalty 

Payment Allocation Compliance to be 

effective 3/5/2012. 

Filed Date: 4/2/12. 

Accession Number: 20120402–5291. 

Comments Due: 5 p.m. ET 4/23/12. 

Docket Numbers: ER12–1170–000. 

Applicants: Imperial Valley Solar 

Company (IVSC) 1, LLC. 

Description: Amendment to Initial 

Market-Based Rate Application of 


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