Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Notices 42745 

Notice is hereby given that the 

deadline for filing protests with regard 

to the applicant’s request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability, is July 29, 

2010. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

www.ferc.gov. To facilitate electronic 

service, persons with Internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 

888 First St., NE., Washington, DC 

20426. 

The filings in the above-referenced 

proceeding are accessible in the 

Commission’s eLibrary system by 

clicking on the appropriate link in the 

above list. They are also available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an eSubscription link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2010–17903 Filed 7–21–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER10–1725–000] 

Hardscrabble Wind Power LLC; 

Supplemental Notice That Initial 

Market-Based Rate Filing Includes 

Request for Blanket Section 204 

Authorization 

July 9, 2010. 

This is a supplemental notice in the 

above-referenced proceeding of 

Hardscrabble Wind Power LLC’s 

application for market-based rate 

authority, with an accompanying rate 

tariff, noting that such application 

includes a request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability. 

Any person desiring to intervene or to 

protest should file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

in accordance with Rules 211 and 214 

of the Commission’s Rules of Practice 

and Procedure (18 CFR 385.211 and 

385.214). Anyone filing a motion to 

intervene or protest must serve a copy 

of that document on the Applicant. 

Notice is hereby given that the 

deadline for filing protests with regard 

to the applicant’s request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability, is July 29, 

2010. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

www.ferc.gov. To facilitate electronic 

service, persons with Internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 

888 First St., NE., Washington, DC 

20426. 

The filings in the above-referenced 

proceeding are accessible in the 

Commission’s eLibrary system by 

clicking on the appropriate link in the 

above list. They are also available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an eSubscription link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2010–17902 Filed 7–21–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

Production Incentives for Cellulosic 

Biofuels: Notice of Program Intent 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy (DOE). 

ACTION: Notice of Program Intent. 

SUMMARY: The Department of Energy 

(DOE) today gives notice that the Office 

of Biomass Program, in the Office of 

Energy Efficiency and Renewable 

Energy, intends to conduct a Reverse 

Auction pursuant to section 942 of the 

Energy Policy Act of 2005 (EPAct 2005). 

Through this notice, biofuels producers 

and other interested parties are invited 

to submit pre-auction eligibility 

information in accordance with the 

process described below. 

DATES: Pre-auction eligibility 

information must be received by 

September 20, 2010. 

ADDRESSES: E-mail pre-auction 

eligibility information to 

942@go.doe.gov between July 22, 2010 

through September 20, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Questions may be directed to: Mr. Neil 

Rossmeissl, Office of the Biomass 

Program, U.S. Department of Energy, 

Mailstop EE–2E, Room 5H021, 1000 

Independence Avenue, SW., 

Washington, DC 20585; (202) 586–8668 

or at Neil.Rossmeissl@ee.doe.gov; or Ms. 

Liz Moore, U.S. Department of Energy, 

1617 Cole Boulevard, Golden, CO 

80401–3393, (303) 275–4769 or 

Liz.Moore@go.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Overview 

II. Discussion of Pre-Auction Eligibility 

Process 

A. Invitation To Participate 

B. Pre-Auction Eligibility Statement 

C. Eligibility 

III. Reverse Auction Process 

A. Eligibility 

B. Open Timeframe 

IV. Post-Auction Requirements and 

Information for Successful Bidders 

I. Background and Overview 

As stated in 10 CFR part 452, 

‘‘Production Incentives for Cellulosic 

Biofuels; Reverse Auction Procedures 

and Standards,’’ (74 FR 52867, October 

15, 2009) (‘‘Final Rule’’), Section 942 of 

the EPAct 2005, Public Law 109–58 

(August 8, 2005), requires the Secretary 

of Energy (Secretary), in consultation 

with the Secretary of Agriculture, the 

Secretary of Defense, and the 

Administrator of the Environmental 


sroberts on DSKD5P82C1PROD with NOTICES
42746 Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Notices 

Protection Agency, to establish an 

incentive program for the production of 

cellulosic biofuels and to implement 

that program by means of a ‘‘reverse 

auction.’’ Through this Notice of 

Program Intent (‘‘Notice’’), DOE is 

initiating the reverse auction process by 

inviting interested parties to submit preauction eligibility statements. DOE will 

notify each party that submits a preauction eligibility statement of its 

acceptance or rejection. Only eligible 

parties will be invited to submit bids for 

the reverse auction. Approximately 

$4,600,000 in incentives will be 

available from this reverse auction. 

II. Discussion of Pre-Auction Eligibility 

Process 

A. Invitation To Participate 

All interested parties are invited to 

submit pre-auction eligibility 

statements. Pre-auction eligibility 

statements must be submitted to 

942@go.doe.gov between July 22, 2010 

through September 20, 2010, no later 

than 5 p.m. Mountain Time. Section 

452.4(b) of the Final Rule provides that 

‘‘DOE shall notify each entity that files 

a pre-auction eligibility submission of 

its acceptance or rejection no later than 

15 days before the reverse auction for 

which the submission was made. A DOE 

decision constitutes final agency action 

and is conclusive.’’ 

B. Pre-Auction Eligibility Statement 

A pre-auction eligibility statement 

will, at a minimum: 

(i) Demonstrate that the filing party 

owns and operates or plans to own and 

operate an eligible cellulosic biofuels 

production facility; 

(ii) Identify the site or proposed site 

for the filing party’s eligible cellulosic 

biofuels production facility; 

(iii) Demonstrate that the cellulosic 

biofuel to be produced for purposes of 

receiving an award either currently is 

suitable for widespread general use as a 

transportation fuel or will be suitable for 

such use in a timeframe and in 

sufficient volumes to significantly 

contribute to the goal of 1 billion gallons 

of refined cellulosic biofuel by August 

2015. 

(iv) Provide audited or pro forma 

financial statements for the latest 12 

month period; and 

(v) Identify one or more proposed 

sources of financing for the construction 

or expansion of the filing party’s eligible 

cellulosic biofuels production facility. 

DOE will provide the format for the 

pre-auction eligibility statement. It may 

be obtained by request from 

942@go.doe.gov or from the 

corresponding postings on http:// 

www.eere.energy.gov or http:// 

www.grants.gov. Where the applicant 

provides audited financial statements to 

satisfy (iv) above, the statements must 

be audited by an independent firm. At 

the applicant’s discretion, a narrative 

may be included to address any of the 

above requirements. This attachment 

must not exceed three pages when 

printed on 8.5′′ by 11′′ paper with 1 inch 

margins (top, bottom, left, and right), 

single spaced, with font not smaller 

than 11 point. 

C. Eligibility 

As defined in the Final Rule, eligible 

cellulosic biofuels production facility 

means a facility— 

• Located in the United States 

(including U.S. territories and 

possessions); 

• Which meets all applicable Federal 

and State permitting requirements; and 

• Employs a demonstrated refining 

technology. 

An eligible cellulosic biofuels 

production facility must also be 

operational and producing the eligible 

cellulosic biofuel no later than three 

years after the bid is submitted to the 

reverse auction. Facilities must have the 

capacity to produce a minimum of 10 

million gallons per year of cellulosic 

biofuel. Incentives are specific to a 

facility. If the facility should change 

ownership during the course of the 

award period, the incentive will be paid 

to the new owner of the facility, if the 

successor entity meets all eligibility 

requirements. 

For the cellulosic biofuel to be eligible 

under this program, bidders must also 

demonstrate that they will produce a 

cellulosic biofuel which either currently 

is suitable for widespread general use as 

a transportation fuel or, alternatively, 

that the cellulosic biofuel will be 

suitable for such use in a timeframe and 

in sufficient volumes to significantly 

contribute to the goal of 1 billion gallons 

of refined cellulosic biofuel by the 

statutory deadline. This description may 

include, but is not limited to the 

following: 

• Obtaining vehicle manufacturer(s) 

approval; 

• Obtaining EPA fuel registration(s); 

• Establishing standards for use, 

production, storage, transportation, and 

retail dispensing; and 

• Establishing a distribution/ 

dispensing infrastructure. 

Additionally, the pre-auction 

eligibility statements must estimate the 

costs and discuss the activities required 

for eventually commercializing the 

proposed cellulosic biofuel. 

The pre-auction eligibility statements 

must also calculate the lower heating 

BTU value (LHV) of the proposed 

cellulosic value as compared to gasoline 

on a volumetric equivalent basis. A 

table with the most common fuels 

heating values can be found at: http:// 

cta.ornl.gov/bedb/appendix_a/LowerHigher_Heating_Values_for_

Various_Fuels.xls. Incentives will be 

scaled proportionately to the energy 

content of the cellulosic biofuel. 

An eligible biofuels producer must 

either own and operate or plan to own 

and operate an eligible cellulosic 

biofuels facility. The awards are site 

specific; an eligible biofuels producer 

cannot transfer the incentive to another 

facility. The producer will be 

responsible for satisfying all terms and 

conditions of the incentive award, 

including but not limited to, reporting 

requirements to DOE. 

III. Reverse Auction Process 

A. Eligibility 

Bids will only be accepted from 

bidders who were notified of their 

eligibility by DOE after submitting 

acceptable pre-auction eligibility 

statements. In addition to being notified 

of their acceptance into the bidding 

pool, bidders will be notified of the 

process by which bids will be accepted 

via a funding opportunity 

announcement (FOA) to be published at 

http://www.grants.gov. Bids that are not 

consistent with the information 

submitted in the pre-auction eligibility 

statements will be rejected. 

B. Open Timeframe 

The specific bidding window will be 

identified in the published FOA. It is 

anticipated that the bidding window 

will occur during September 2010. The 

reverse auction will be conducted via a 

closed bid process and only the final bid 

received from a bidder will be 

considered. 

IV. Post-Auction Requirements and 

Information for Successful Bidders 

Successful bidders will be required to 

adhere to all criteria described in the 

Final Rule as well as the Terms and 

Conditions that will be contained 

within the Assistance Agreement award 

executed by DOE. These requirements 

include, but are not limited to, the 

following: 

• Progress Reports, 

• Production Agreements, 

• Confirmation of Continuing 

Eligibility, and 

• Contractual Condition on 

Eligibility. 

Post-Auction Requirements are 

identified in the Final Rule and will be 

available in the published FOA. 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010 / Notices 42747 

Issued in Golden, CO on July 15, 2010. 

Jamie Harris, 

Director, Office of Acquisition and Financial 

Assistance, Golden Field Office. 

[FR Doc. 2010–17987 Filed 7–21–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. AD10–15–000] 

Smart Grid Update; Notice of 

Commissioner and Staff Attendance at 

FERC/NARUC Collaborative on Smart 

Response Meeting 

July 15, 2010. 

The Federal Energy Regulatory 

Commission hereby gives notice that 

members of the Commission and/or 

Commission staff may attend the 

following meeting: 

FERC/NARUC Collaborative on Smart 

Response: Sacramento Convention 

Center, 1400 J Street, Sacramento, CA 

95814. July 18, 2010 (8:15 a.m.–12:30 

p.m.) 

Further information may be found at 

http://summer.narucmeetings.org/ 

program.cfm. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–17888 Filed 7–21–10; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9178–4] 

Protection of Stratospheric Ozone: 

Request for Applications for Essential 

Use Allowances for 2012 and 2013 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency is requesting applications for 

essential use allowances for calendar 

years 2012 and 2013. Essential use 

allowances provide exemptions from 

the phaseout of production and import 

of ozone-depleting substances. Essential 

use allowances must be authorized by 

the Parties to the Montreal Protocol on 

Substances that Deplete the Ozone 

Layer. The U.S. Government will use 

the applications received in response to 

this notice as the basis for its 

nomination of essential uses at the 23rd 

Meeting of the Parties to the Protocol, to 

be held in 2011. 

DATES: Applications for essential use 

allowances must be submitted to EPA 

no later than August 23, 2010 in order 

for the U.S. Government to complete its 

review and to submit nominations to the 

United Nations Environment 

Programme and the Protocol Parties in 

a timely manner. 

ADDRESSES: Send application materials 

to: Jeremy Arling, Stratospheric 

Protection Division (6205J), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. For applications 

sent via courier service, use the 

following direct mailing address: 1310 L 

Street, NW., Washington, DC 20005, 

room 1047E. 

Confidentiality: Application materials 

that are confidential should be 

submitted under separate cover and be 

clearly identified as ‘‘trade secret,’’ 

‘‘proprietary,’’ or ‘‘company 

confidential.’’ Information covered by a 

claim of business confidentiality will be 

treated in accordance with the 

procedures for handling information 

claimed as confidential under 40 CFR 

part 2, subpart B, and will be disclosed 

only to the extent and by means of the 

procedures set forth in that subpart. 

Please note that data will be presented 

in aggregate form by the United States 

as part of the nomination to the Parties. 

If no claim of confidentiality 

accompanies the information when it is 

received by EPA, the information may 

be made available to the public by EPA 

without further notice to the company 

(40 CFR 2.203). 

FOR FURTHER INFORMATION CONTACT: 

Jeremy Arling at the above address, or 

by telephone at (202) 343–9055, by fax 

at (202) 343–2338, or by e-mail at 

arling.jeremy@epa.gov. Information 

about essential uses may be obtained 

from EPA’s stratospheric protection 

Web site at http://www.epa.gov/ozone/ 

title6/exemptions/essential.html. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background on the Essential Use 

Nomination Process 

II. Information Required for Essential Use 

Applications for Production or Import of 

Class I Substances in 2012 and 2013 

I. Background on the Essential Use 

Nomination Process 

The Parties to the Protocol agreed 

during the Fourth Meeting in 

Copenhagen on November 23–25, 1992, 

that non-Article 5 Parties (developed 

countries) would phase out the 

production and consumption of halons 

by January 1, 1994, and the production 

and consumption of other class I 

substances (under 40 CFR part 82, 

subpart A), except methyl bromide, by 

January 1, 1996. The Parties also 

reached decisions and adopted 

resolutions on a variety of other matters, 

including the criteria to be used for 

allowing ‘‘essential use’’ exemptions 

from the phaseout of production and 

import of controlled substances. 

Decision IV/25 of the Fourth Meeting of 

the Parties details the specific criteria 

and review process for granting 

essential use exemptions. 

Decision IV/25, paragraph 1(a), states 

that ‘‘* * * a use of a controlled 

substance should qualify as ‘essential’ 

only if: (i) It is necessary for the health, 

safety or is critical for the functioning of 

society (encompassing cultural and 

intellectual aspects); and (ii) there are 

no available technically and 

economically feasible alternatives or 

substitutes that are acceptable from the 

standpoint of environment and health.’’ 

In addition, the Parties agreed ‘‘that 

production and consumption, if any, of 

a controlled substance, for essential uses 

should be permitted only if: (i) All 

economically feasible steps have been 

taken to minimize the essential use and 

any associated emission of the 

controlled substance; and (ii) the 

controlled substance is not available in 

sufficient quantity and quality from the 

existing stocks of banked or recycled 

controlled substances * * *’’ Decision 

XII/2 of the Twelfth Meeting of the 

Parties states that any CFC metered dose 

inhaler (MDI) product approved after 

December 31, 2000, is nonessential 

unless the product meets the criteria in 

Decision IV/25, paragraph 1(a). 

The first step in obtaining essential 

use allowances is for the user to 

consider whether the use of the 

controlled substance meets the criteria 

of Decision IV/25. If the essential use 

request is for an MDI product, the user 

should also consider whether the 

product meets the criteria of Decision 

XII/2. In addition, the user should 

consult recent and ongoing rulemakings 

by the Food and Drug Administration 

(FDA) concerning the essential use 

determination of various MDI moieties. 

In particular, users should consider 

FDA’s November 19, 2008, final 

rulemaking that removes the essential 

use designation for epinephrine used in 

MDIs as of December 31, 2011 (73 FR 

69532). Users should also consider 

FDA’s April 14, 2010, rulemaking that 

removes the essential use designations 

for flunisolide, triamcinolone, 

metaproterenol, pirbuterol, albuterol 

and ipratropium in combination, 

cromolyn, and nedocromil used in MDIs 

at various dates depending upon the 

inhaler (75 FR 19213). 


sroberts on DSKD5P82C1PROD with NOTICES