18372 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices 

to comply with project maintenance 

requirements have been slow and 

spotty, occurring over extended periods 

and the project is still not operating six 

years after power generation ceased. Mr. 

Logan’s last monthly report of the 

progress of project rehabilitation was 

filed approximately a year and one half 

ago, and the reports that were filed 

mostly were comprised of checklists of 

inspections and little project 

rehabilitation progress. To date, the 

licensee has not made the necessary 

repairs to resume operations at the 

project and the project is hereby 

considered abandoned. On March 13, 

2009, the Commission issued an order 

dismissing application to transfer 

license and initiating implied surrender 

proceeding. 

l. Location of the Order: A copy of the 

order is available for inspection and 

reproduction 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, call toll-free 

1–866–208–3676 or e-mail 

FERCOnlineSupport@ferc.gov. For TTY, 

call (202) 502–8659. 

m. Individuals desiring to be included 

on the Commission’s mailing list should 

so indicate by writing to the Secretary 

of the Commission. 

n. Comments, Protests, or Motions to 

Intervene—Anyone may submit 

comments, a protest, or a motion to 

intervene in accordance with the 

requirements of Rules of Practice and 

Procedure, 18 CFR 385.210, .211, .214. 

In determining the appropriate action to 

take, the Commission will consider all 

protests or other comments 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 comments, 

protests, or motions to intervene must 

be received on or before the specified 

comment date for the proceeding. 

Comments, protests and interventions 

may be filed electronically via the 

Internet in lieu of paper; See 18 CFR 

385.2001(a)(1)(iii) and the instructions 

on the Commission’s Web site under ‘‘efiling’’ link. The Commission strongly 

encourages electronic filing. 

o. Filing and Service of Responsive 

Documents—Any filings must bear in 

all capital letters the title 

‘‘COMMENTS’’, ‘‘PROTEST’’, or 

‘‘MOTION TO INTERVENE’’, and 

‘‘RECOMMENDATIONS FOR TERMS 

AND CONDITIONS’’, as applicable, and 

the Project Number of the proceeding. 

Any of the above-named documents 

must be filed by providing the original 

and the number of copies provided by 

the Commission’s regulations to: The 

Secretary, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426. An additional 

copy must be sent to Director, Division 

of Hydropower Administration and 

Compliance, Federal Energy Regulatory 

Commission, at the above-mentioned 

address. 

p. Agency Comments—Federal, state, 

and local agencies are invited to file 

comments on the described proceeding. 

If an agency does not file comments 

within the time specified for filing 

comments, it will be presumed to have 

no comments. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–9173 Filed 4–21–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Notice of Membership of Performance 

Review Board for Senior Executives 

(PRB) 

April 16, 2009. 

The Federal Energy Regulatory 

Commission hereby provides notice of 

the membership of its Performance 

Review Board (PRB) for the 

Commission’s Senior Executive Service 

(SES) members. The function of this 

board is to make recommendations 

relating to the performance of senior 

executives in the Commission. This 

action is undertaken in accordance with 

Title 5, U.S.C., Section 4314(c)(4). The 

Commission’s PRB will add the 

following member: James A. Pederson 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–9228 Filed 4–21–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. RM98–1–000] 

Records Governing Off-the-Record 

Communications; Public Notice 

April 15, 2009. 

This constitutes notice, in accordance 

with 18 CFR 385.2201(b), of the receipt 

of prohibited and exempt off-the-record 

communications. 

Order No. 607 (64 FR 51222, 

September 22, 1999) requires 

Commission decisional employees, who 

make or receive a prohibited or exempt 

off-the-record communication relevant 

to the merits of a contested proceeding, 

to deliver to the Secretary of the 

Commission, a copy of the 

communication, if written, or a 

summary of the substance of any oral 

communication. 

Prohibited communications are 

included in a public, non-decisional file 

associated with, but not a part of, the 

decisional record of the proceeding. 

Unless the Commission determines that 

the prohibited communication and any 

responses thereto should become a part 

of the decisional record, the prohibited 

off-the-record communication will not 

be considered by the Commission in 

reaching its decision. Parties to a 

proceeding may seek the opportunity to 

respond to any facts or contentions 

made in a prohibited off-the-record 

communication, and may request that 

the Commission place the prohibited 

communication and responses thereto 

in the decisional record. The 

Commission will grant such a request 

only when it determines that fairness so 

requires. Any person identified below as 

having made a prohibited off-the-record 

communication shall serve the 

document on all parties listed on the 

official service list for the applicable 

proceeding in accordance with Rule 

2010, 18 CFR 385.2010. 

Exempt off-the-record 

communications are included in the 

decisional record of the proceeding, 

unless the communication was with a 

cooperating agency as described by 40 

CFR 1501.6, made under 18 CFR 

385.2201(e)(1)(v). 

The following is a list of off-therecord communications recently 

received by the Secretary of the 

Commission. The communications 

listed are grouped by docket numbers in 

ascending order. These filings are 

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, please contact 

FERC, Online Support at 

FERCOnlineSupport@ferc.gov or toll 

free at (866) 208–3676, or for TTY, 

contact (202) 502–8659. 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices 18373 

Docket No. File date Presenter or requester 

Prohibited: 

1. CP03–75–003 .......................................................................................................................... 4–6–09 William Morrison. 

2. CP07–62–000, CP07–63–000, CP07–64–000, CP07–65–000 ............................................... 3–27–09 Matthew W. Jones. 

3. EL07–86–000, EL07–88–000, EL07–92–000, ER04–691–000 .............................................. 3–26–09 / 4–6–09 Jerry Busse.1

Exempt: 

1. P–2210–169 ............................................................................................................................. 4–14–09 Stephen Rynas. 

2. P–12966–000 ........................................................................................................................... 4–14–09 Ann Valdo Howard. 

1Two separate e-mail submittals from Mr. Busse. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–9170 Filed 4–21–09; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8895–4] 

Notice of Proposed Administrative 

Cashout Agreement Pursuant to 

Section 122(H)(1) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act; In Re: Hassan Barrel Superfund 

Site, Fort Wayne, Allen County, IN 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice; request for public 

comment. 

SUMMARY: Notice is hereby given of a 

proposed administrative settlement 

under CERCLA concerning the Hassan 

Barrel Superfund Site (‘‘Site’’) in Fort 

Wayne, Allen County, Indiana. Subject 

to review and comment by the public 

pursuant to this Notice, the settlement 

has been approved by the United States 

Department of Justice. The settlement 

resolves a United States Environmental 

Protection Agency (EPA) claim under 

Sections 106, 107(a), and 122 of 

CERCLA, against 61 parties who have 

executed binding certifications of their 

consent to the settlement, as listed 

below in the Supplementary 

Information section. 

The settlement requires the settling 

parties to pay a total of $950,000 to the 

Hazardous Substances Superfund, 

Hassan Barrel Superfund Site, Special 

Account. Each settling party is required 

to pay an amount specified for that 

party in the settlement based upon the 

volume of waste that party contributed 

to the Site. The settling parties shall also 

pay to the EPA, 50% of the net 

environmental insurance proceeds 

recovered and received by some or all 

of the settling parties in a pending 

insurance recovery action. The 

payments shall not exceed the 

difference between $950,000 and EPA’s 

estimate of total past response costs, 

which is approximately $1.7 million. 

Payments received shall be applied, 

retained, or used to finance the response 

actions taken or to be taken at or in 

connection with the Site. 

For thirty (30) days following the date 

of publication of this notice, the Agency 

will receive written comments relating 

to the settlement. The Agency will 

consider all comments received and 

may modify or withdraw its consent to 

the settlement if comments received 

disclose facts or considerations which 

indicate that the settlement is 

inappropriate, improper, or inadequate. 

The Agency’s response to any comments 

received will be available for public 

inspection at the EPA, Region 5, 7th 

Floor File Room, 77 West Jackson 

Boulevard, Chicago, Illinois. 

DATES: Comments must be submitted on 

or before May 22, 2009. 

ADDRESSES: The proposed settlement is 

available for public inspection at the 

EPA, Region 5, 7th Floor File Room, 77 

West Jackson Boulevard, Chicago, 

Illinois. In addition, a copy of the 

proposed settlement also may be 

obtained from Nola M. Hicks, Associate 

Regional Counsel (C–14J), Region 5, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604–3590, or by calling (312) 

886–7949. Comments should reference 

the Hassan Barrel Superfund Site, Fort 

Wayne, Allen County, Indiana and EPA 

Docket No. and should be addressed to 

Nola M. Hicks, Associate Regional 

Counsel (C–14J), Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604. 

SUPPLEMENTARY INFORMATION: The 

parties listed below have executed 

binding certifications of their consent to 

participate in the settlement. 

The Performing Parties are as follows: 

Austin Petroleum, Inc., Buis Oil 

Company, Inc., Chroma Source Inc., 

Cintas Corporation, Colwell, Inc., 

Cooper Standard Automotive, Crystal 

Flash Petroleum Corporation, Dreyer’s 

Grand Ice Cream, Inc., Fort Wayne 

Newspapers, Inc., Franklin Electric Co. 

Inc., Gregory Porter dba Porter’s BP, 

Hartson-Kennedy Cabinet Top Co. Inc., 

Heritage-Cristal Clean LLC, Heritage 

Environmental Services LLC, Hoosier 

Tire & Rubber Corp., J.M. Reynolds Oil 

Co. Inc., Co-Alliance LLP f/k/a LaPorte 

County Co-op, Master Petroleum 

Products Inc., North Central Co-op, 

Phelps Dodge Industries Inc., Rackham 

Service Corp., Rea Magnet Wire 

Company Inc., Thomson Inc., Warner 

Oil Co., Yoder Oil. 

The Buy-out Parties are as follows: 

14/69 Car Wash Super Center Inc., 

American Electric Power Service 

Corporation on behalf of itself and 

Indiana Michigan Power Company, 

Autoliv ASP Inc., Carpenter Co., CME 

Automotive Corporation, Cole Pattern & 

Engineering, CTS Corporation, Eaton 

Corp/Eaton Aeroquip Inc., Fasson Roll 

North American Division of Avery 

Dennison Corporation, Gallahan Oil Co. 

Inc., Grabill Cabinet Company Inc., 

Griffith Rubber Mills of Garrett LLC, 

Harris Kayot/Fort Wayne Anodizing, K– 

Com Transportation Services Inc. 

(Kemark Environmental Service) Kemco 

International Inc., Keystone RV 

Company, Kimball International Inc. 

and Kimball Electronic Inc., Labecca 

LLC, Lift All Division of Hydra-Tech, 

Inc., McCoy Bolt Works Inc., McGill 

Manufacturing Co., McIntosh Energy Co. 

Inc., Metalloid Corporation, Parrot Press 

Inc., Elantas PDG Inc. f/k/a The PD 

George Company, Group Dekko Inc. 

f/k/a Pent Technologies, Rieke 

Corporation, Skyline Corporation, 

Square D, Sroufe Healthcare Products/ 

Wilmot Holdings, Stonestreet & 

Stonestreet Oil Company (S&S Oil), 

Trelleborg Sealing Solutions (TSS F 

Wayne), Trelleborg YSH Inc., Tuthill 

Transfer Systems Tuthill Corp., United 

Technologies Corporation, Waggoner’s 

Fuel Co. Inc. 

FOR FURTHER INFORMATION CONTACT: Nola 

M. Hicks, Associate Regional Counsel 

(C–14J), Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, or 

call (312) 886–7949. 

Authority: The Comprehensive 

Environmental Response, Compensation and 

Liability Act, of 1980, 42 U.S.C. 9604, 

9606(a), 9607, and 9622, as amended. 


dwashington3 on PROD1PC60 with NOTICES