Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices 9393 

evaluated based on the reasonable 

likelihood that the project will generate 

enough transmission service revenue to 

repay the principal investment, all 

operating costs and the accrued interest. 

C. Policies and Practices: 

1. Western will use generally accepted 

accounting principles and practices in 

recording and tracking all expenses and 

revenue transactions for each Project 

selected. 

2. Western will isolate these financial 

accounting transactions in its existing 

financial management system. 

IV. Project Evaluation 

A. Applicability: All Projects to be 

considered for funding under this 

authority would be evaluated against 

the criteria outlined below. 

B. Criteria: Project evaluation 

includes feasibility of developing a 

project that meets the following 

minimum criteria: 

1. Facilitates the delivery of energy 

from renewable resources to market, 

2. Is in the public interest, 

3. Will not adversely impact system 

reliability or operations, or other 

statutory obligations, 

4. Is reasonable to expect that the 

proceeds from such project shall be 

adequate to meet Western’s financial 

repayment obligations, and 

5. At least one terminus must be 

located within Western’s service 

territory. 

C. Policies and Practices: 

1. Western will establish additional 

evaluation factors to evaluate proposed 

Projects as necessary. 

2. Western may, at its discretion, use 

outside expertise to assist in evaluating 

proposed Projects seeking funding 

under this authority. 

3. Western will treat data submitted 

by Project participants related to this 

authority, including project 

descriptions, participation and 

financing arrangements by other parties, 

as available to the public through the 

FOIA. However, participants may 

request confidential treatment of all or 

part of a submitted document under 

FOIA’s exemption for ‘‘Confidential 

Business Information.’’ Materials so 

designated and which meet the criteria 

stipulated in the FOIA will be treated as 

exempt from FOIA inquiries. 

V. Project Development and Operations 

and Maintenance 

A. Applicability: All Projects to be 

considered for funding under this 

authority. 

B. Policies and Practices: 

1. For study, facility development, 

construction and any other related 

purposes, where applicable, Western 

will consider projects that may be 

constructed pursuant to its authority 

under section 402 of the Recovery Act 

separately from procedures and 

requirements for arranging for 

transmission service or interconnection 

under its OATT, or related 

interconnection agreements. To the 

extent projects considered under this 

authority might satisfy OATT or related 

requests, Western will attempt to 

develop the project to satisfy those 

requests, however project development 

under section 402 of the Recovery Act 

will take priority. Western will use the 

appropriate project management 

methods to initiate, plan, execute, 

monitor, control and close all 

transmission projects approved for 

funding under this authority. 

2. Available transfer capability 

surplus to Western’s need will be made 

available in a nondiscriminatory 

manner consistent with FERC open 

access transmission rules, Federal 

statute, and Western policies. 

3. Western will comply with all other 

applicable Federal laws, regulations and 

policies. 

VI. Project Rates and Repayment 

A. Applicability: All Projects funded 

under this authority. 

B. Criteria: The repayment 

requirements and applicable 

transmission rates will be designed so 

that proceeds from the project can 

reasonably be expected to be adequate 

to meet the repayment obligation. 

C. Policies and Practices: 

1. Before project development, 

Western will confirm the reasonable 

likelihood that the project will generate 

enough transmission service revenue to 

meet Western’s financial repayment 

obligations including principal 

investment, operating costs, accrued 

interest, and other appropriate costs. 

2. Transmission rates for transmission 

capacity Western owns or controls will 

be developed in a public process 

following the applicable requirements 

outlined in 10 CFR 903 and set by the 

Administrator as specified in relevant 

DOE orders. 

Environmental Compliance 

In compliance with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321, et seq.), the 

Council on Environmental Quality 

Regulations for implementing NEPA (40 

CFR parts 1500–1508) and the DOE 

NEPA Implementing Procedures and 

Guidelines (10 CFR part 1021), Western 

has determined that this action is 

categorically excluded from further 

NEPA analysis. Future actions under 

this authority will undergo appropriate 

NEPA analysis. 

Dated: February 20, 2009. 

Timothy J. Meeks, 

Administrator. 

[FR Doc. E9–4609 Filed 3–3–09; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0107; FRL–8403-3] 

Notice of Receipt of a Pesticide 

Petition Filed for Residues of Pesticide 

Chemicals in or on Various 

Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

Agency’s receipt of an initial filing of a 

pesticide petition proposing the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before April 3, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0107 and 

the pesticide petition number (PP 

8E7446), by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2009– 

0107 and the pesticide petition number 

(PP). EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

9394 Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices 

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 regulations.gov or email. The regulations.gov website 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 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the 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. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Leonard Cole, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460-0001; telephone number: 

703.305.5412; e-mail address: 

cole.leonard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD-ROM that 

you mail to EPA, mark the outside of the 

disk or CD-ROM as CBI and then 

identify electronically within the disk or 

CD-ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

3. Environmental justice. EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low-income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. To help 

address potential environmental justice 

issues, the Agency seeks information on 

any groups or segments of the 

population who, as a result of their 

location, cultural practices, or other 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticides 

discussed in this document, compared 

to the general population. 

II. What Action is the Agency Taking? 

EPA is announcing receipt of a 

pesticide petition filed under section 

408 of the Federal Food, Drug, and 

Cosmetic Act (FFDCA), 21 U.S.C. 346a, 

proposing the establishment or 

modification of regulations in 40 CFR 

part 174 or part 180 for residues of 

pesticide chemicals in or on various 

food commodities. EPA has determined 

that the pesticide petition described in 

this notice contains data or information 

prescribed in FFDCA section 408(d)(2); 

however, EPA has not fully evaluated 

the sufficiency of the submitted data at 

this time or whether the data supports 

granting of the pesticide petition. 

Additional data may be needed before 

EPA can make a final determination on 

this pesticide petition. 

Pursuant to 40 CFR 180.7(f), a 

summary of the petition that is the 

subject of this notice, prepared by the 

petitioner, is included in a docket EPA 

has created for this rulemaking. The 

docket for this petition is available online at http://www.regulations.gov. 

As specified in FFDCA section 

408(d)(3), (21 U.S.C. 346a(d)(3)), EPA is 

publishing notice of the petition so that 

the public has an opportunity to 

comment on this request for the 

establishment or modification of 

regulations for residues of pesticides in 

or on food commodities. Further 

information on the petition may be 

obtained through the petition summary 

referenced in this unit. 

Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Notices 9395 

Amended Tolerance Exemption 

PP 8E7446. Organic Works/BioNet 

International Corp. c/o Interregional 

Research Project Number 4, 500 College 

Road East, Princeton, NJ 08540, 

proposes to amend an exemption from 

the requirement of a tolerance in 40 CFR 

180.1258 for residues of the biochemical 

pesticide, acetic acid, in or on all food 

commodities. The petitioner believes no 

analytical method is needed because 

there are no known analytical studies 

which have determined residue 

magnitudes on plant tissues following 

the herbicidal application of acetic acid. 

At the upper application rate of 55 

pounds of active ingredient per acre the 

resulting concentrations should be well 

below the 1 to 1.5% levels predicted 

when acetic acid is applied to hay or 

grain, a use for which acetic acid has 

gained an exemption from the 

requirements of a tolerance in 40 CFR 

180.1258. Since this product is a nonselective herbicide the product will be 

applied either when the crop is not 

present or the application will be 

directed away from the crop. The 

product is not intended for any direct 

application to the crop therefore only a 

minor amount of inadvertent residues 

could occur. Acetic acid is a naturally 

occurring substance found in all plants 

therefore inadvertent residues would be 

indistinguishable from acetic acid 

already in the crop. 

List of Subjects 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: February 12, 2009. 

Janet L. Andersen, 

Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. E9–4133 Filed 3–3–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0101; FRL–8403–5] 

Notice of Receipt of a Pesticide 

Petition Filed for Residues of Pesticide 

Chemicals in or on Various 

Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

Agency’s receipt of an initial filing of a 

pesticide petition proposing the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before April 3, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0101 and 

the pesticide petition number (PP), by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2009– 

0101 and the PP number. EPA’s policy 

is that all comments received will be 

included in the docket without change 

and may be made available on-line 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 

regulations.gov or e-mail. The 

regulations.gov website 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 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the 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. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Denise Greenway, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460-0001; telephone number: 

(703) 308-8263; e-mail address: 

greenway.denise@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT.