25664 Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Notices

4The Federal Circuit in Texas American v. DOE

ascribed its unwillingness to follow the West Texas

decision to judicial, statutory, and related policy

changes that had occurred since the issuance of that

decision. The Federal Circuit also specifically

overruled TECA’s ruling that a DOE bankruptcy

claim under the ESA to be paid to the federal and

state governments on behalf of their citizens was for

restitution and not for a penalty.

by the DOE. While the Texas American

v. DOE decision is contrary to the

position of the DOE that had been

upheld in the West Texas case,4 we are

constrained by the Federal Circuit’s

decision. The clear import of that

determination is that we must use the

funds received from Texas American

solely for direct restitutionary purposes.

Moreover, as indicated above, the

Bankruptcy Court, in accordance with

the Federal Circuit’s determination,

distributed to the DOE only 20 percent

of its liquidated claim in the Texas

American bankruptcy proceeding. This

percentage is equivalent to the portion

of crude oil overcharge funds that we

have consistently reserved for

individual claimants under the MSRP.

We therefore decline to modify our

proposed allocation of the Texas

American funds in response to the

States’ comments.

Except for the manner in which the

funds will be allocated, we shall follow

the procedures set forth in prior refund

proceedings involving crude oil

overcharge funds. Thus, claimants will

be required to (i) document their

purchase volumes of petroleum

products during the August 19, 1973–

January 27, 1981 crude oil price control

period, and (ii) prove that they were

injured by the alleged crude oil

overcharges. Applicants who were endusers or ultimate consumers of

petroleum products, whose businesses

are unrelated to the petroleum industry,

and who were not subject to the DOE

price regulations will be presumed to

have been injured by Texas American’s

crude oil overcharges. In order to

receive a refund, end-users will not

need to submit any further evidence of

injury beyond the volume of petroleum

products purchased during the price

control period. We shall base refunds to

claimants on a volumetric amount that

is currently $0.0016 per gallon. See 60

FR 15562 (March 24, 1995).

A party that has already submitted a

claim in the DOE crude oil proceeding

need not file another claim in order to

obtain its appropriate restitutionary

share of crude oil funds. Moreover,

because the June 30, 1995 deadline for

crude oil refund applications has

passed, we shall not accept any new

applications. See Western Asphalt

Service, 25 DOE ¶ 85,047 (1995).

Instead, these funds will be added to the

general crude oil overcharge pool used

for direct restitution. Finally, an

applicant who has executed and

submitted a valid waiver pursuant to

one of the escrows established by the

Final Stripper Well Settlement

Agreement will be considered to have

waived its rights to apply for a crude oil

refund under Subpart V. See, e.g., MidAmerica Dairymen, Inc., v. Herrington,

878 F.2d 1448 (Temp Emer. Ct. App.

1989); see also Hoechst Celanese

Chemical, 25 DOE ¶ 85,066 (1996).

It Is Therefore Ordered That:

(1) The Director of Special Accounts

and Payroll, Office of Departmental

Accounting and Financial Systems

Development, Office of the Controller of

the Department of Energy shall take all

steps necessary to transfer the

$48,307.13 obtained from Texas

American Oil Corporation, COTS No.

N00S90460, plus accrued interest, into

the subaccount denominated ‘‘Crude

Tracking-Claimants 4,’’ Number

999DOE010Z.

(2) This is a final Order of the

Department of Energy.

[FR Doc. 96–12823 Filed 5–21–96; 8:45 am]

BILLING CODE 6450–01–P

Western Area Power Administration

Boulder Canyon Project—Proposed

Firm Power Service Base Charge

AGENCY: Western Area Power

Administration, DOE.

ACTION: Notice of Proposed Base Charge

Adjustment.

SUMMARY: The Western Area Power

Administration (Western) is announcing

the Fiscal Year 1996 annual rate

adjustment for Rate Year 1997 under

Rate Order WAPA–70 for firm power

service for the Boulder Canyon Project

(BCP). The annual rate adjustments are

a requirement of the ratesetting

methodology of WAPA–70 which was

approved on a final basis by the Federal

Energy Regulatory Commission on April

19, 1996. The existing rate schedule was

placed into effect on November 1, 1995.

The power repayment spreadsheet study

indicates that the proposed Base Charge

for BCP firm power service is necessary

to provide sufficient revenue to pay all

annual costs (including interest

expense), plus repayment of required

investment within the allowable time

period. The proposed Base Charge for

firm power service is expected to

become effective October 1, 1996.

DATES: The consultation and comment

period will begin with publication of

this notice in the Federal Register and

will end not less than 90 days later, or

August 22, 1996, whichever occurs

later. A public information forum will

be held at 10 a.m. on June 13, 1996, at

Western’s Desert Southwest Customer

Service Regional office, 615 South 43rd

Avenue, Phoenix, Arizona. A public

comment forum at which Western will

receive oral and written comments will

be held at 10 a.m. on July 15, 1996, at

Western’s Desert Southwest Customer

Service Regional office. Written

comments should be received by

Western by the end of the consultation

and comment period to be assured

consideration and should be sent to the

address below.

FOR FURTHER INFORMATION CONTACT:

Mr. J. Tyler Carlson, Regional Manager,

Desert Southwest Customer Service

Region, Western Area Power

Administration, P.O. Box 6457,

Phoenix, AZ 85005–6457, (602) 352–

2453.

Mr. Anthony H. Montoya, Assistant

Regional Manager, For Power

Marketing, Desert Southwest

Customer Service Region, Western

Area Power Administration, P.O. Box

6457, Phoenix, AZ 85005–6457, (602)

352–2780.

SUPPLEMENTARY INFORMATION: The

proposed Base Charge for BCP firm

power is based on an Annual Revenue

Requirement of $46,421,533. The Base

Charge consists of an Energy Dollar of

$23,968,846 and a Capacity Dollar of

$22,452,687. The Forecast Energy Rate

will be 5.46 mills/kilowatthour (mills/

kWh), Forecast Capacity Rate will be

$0.96 per kilowatt per month ($/kWmo).

The existing BCP firm power Base

Charge is based on an Annual Revenue

Requirement of $45,196,960, consisting

of an Energy Dollar of $23,460,351 and

a Capacity Dollar of $21,736,609. The

existing BCP forecast energy rate is 6.12

mills/kWh and forecast capacity rate is

$0.93/kW-mo.

Since the proposed rates constitute a

major rate adjustment as defined by the

procedures for public participation in

general rate adjustments, as cited below,

both a public information forum and a

public comment forum will be held.

After review of public comments,

Western will recommend proposed

charges/rates for approval on a final

basis by the Deputy Secretary of DOE

pursuant to Section 13.13 of the BCP

Implementation Agreement.

The power rates for the BCP are

established pursuant to the Department

of Energy Organization Act (42 U.S.C.

7101 et seq.), the Reclamation Act of

1902 (43 U.S.C. 391 et seq.), as amended

and supplemented by subsequent
Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Notices 25665

enactments, particularly section 9(c) of

the Reclamation Project Act of 1939 (43

U.S.C. 485h(c)), the Colorado River

Basin Project Act of 1968 (43 U.S.C.

1501 et seq.), the Colorado River Storage

Project Act (43 U.S.C. 620 et seq.), the

Boulder Canyon Project Act (43 U.S.C.

617 et seq.), the Boulder Canyon Project

Adjustment Act (43 U.S.C. 618 et seq.),

the Hoover Power Plant Act of 1984 (43

U.S.C. 619 et seq.), the General

Regulations for Power Generation,

Operation, Maintenance, and

Replacement at the Boulder Canyon

Project, Arizona/Nevada (43 CFR Part

431) published in the Federal Register

at 51 FR 23960 on July 1, 1986, and the

General Regulations for the Charges for

the Sale of Power From the Boulder

Canyon Project, Final Rule (10 CFR Part

904) published in the Federal Register

at 51 FR 43124 on November 28, 1986,

the Procedures for Public Participation

in Power and Transmission Rate

Adjustments and Extensions (10 CFR

Part 903) published in the Federal

Register at 50 FR 37837 on September

18, 1985, and the DOE financial

reporting policies, procedures, and

methodology (DOE Order No. RA 6120.2

dated September 20, 1979).

By Amendment No. 3 to Delegation

Order No. 0204–108, published

November 10, 1993 (58 FR 59716), the

Secretary of Energy delegated: (1) The

authority to develop long-term power

and transmission rates on a

nonexclusive basis to the Administrator

of Western; (2) the authority to confirm,

approve, and place power rates into

effect on an interim basis to the Deputy

Secretary; and (3) the authority to

confirm, approve, and place into effect

on a final basis, to remand, or to

disapprove power rates to FERC.

AVAILABILITY OF INFORMATION: All

brochures, studies, comments, letters,

memorandums, and other documents

made or kept by Western for the

purpose of developing the proposed

rates for energy and capacity are and

will be made available for inspection

and copying at Western’s Desert

Southwest Customer Service Regional

office, 615 South 43rd Avenue, Phoenix,

Arizona 85005.

DETERMINATION UNDER EXECUTIVE ORDER

12866: DOE has determined that this is

not a significant regulatory action

because it does not meet the criteria of

Executive Order 12866, 58 FR 51735.

Western has an exemption from

centralized regulatory review under

Executive Order 12866; accordingly, no

clearance of this notice by the Office of

Management and Budget is required.

ENVIRONMENTAL EVALUATION: In

compliance with the National

Environmental Policy Act of 1969

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

on Environmental Quality Regulations

(40 CFR Parts 1500–1508); and DOE

NEPA Regulations (10 CFR Part 1021),

Western has determined that this action

is categorically excluded from the

preparation of an environmental

assessment or an environmental impact

statement.

Issued in Golden, Colorado, May 10, 1996.

J. M. Shafer,

Administrator.

[FR Doc. 96–12827 Filed 5–21–96; 8:45 am]

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5509–4]

Agency Information Collection

Activities Under OMB Review; National

Recycling and Emissions Reduction

Program, OMB Number: 2060–0256

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), this notice announces that

the following information Collection

Request (ICR) has been forwarded to the

Office of Management and Budget

(OMB) for review and approval:

National Recycling and Emissions

Reduction Program, OMB Number:

2060–0256. The ICR describes the

nature of the information collection and

its expected burden and cost; where

appropriate, it includes the actual data

collection instrument.

DATES: Comments must be submitted on

or before June 21, 1996.

FOR FURTHER INFORMATION OR A COPY

CALL:

Sandy Farmer at EPA, (202) 260–2740,

and refer to EPA ICR No. 1626.06.

SUPPLEMENTARY INFORMATION:

Title: National Recycling and

Emissions Reduction Program (OMB

Control No. 2060–0256; EPA ICR No.

1626.06). This ICR is revision of an

existing collection.

Abstract: The Agency has proposed to

add a degree of flexibility to its

regulations governing the recycling of

refrigerants. This ICR includes a request

for the approval of information

requirements for independent

laboratories to apply to EPA to become

certifiers of reclaimers, and for certified

reclaimers to maintain records of the

quantity of material sent for

reclamation. An agency may not

conduct or sponsor, and a person is not

required to respond to, a collection of

information unless it displays a

currently valid OMB control number.

The OMB control numbers for EPA’s

regulations are listed in 40 CFR Part 9

and 48 CFR Chapter 15. These changes

were proposed in a Supplemental Rule

Regarding a Recycling Standard

(Proposed) Under the Section 608 of the

Clean Air Act, published in the Federal

Register on February 29, 1996 (61 FR

7858).

Burden Statement: The annual public

reporting and recordkeeping burden for

this collection of information is

estimated to add 5080 hours to the

existing approved total of 565,000 hour.

Burden means the total time, effort, or

financial resources expended by persons

to generate, maintain, retain, or disclose

or provide information to or for a

Federal agency. This includes the time

needed to review instructions; develop,

acquire, install, and utilize technology

and systems for the purposes of

collecting, validating, and verifying

information, processing and

maintaining information, and disclosing

and providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to be able

to respond to a collection of

information; search data sources;

complete and revise the collection of

information, and transmit or otherwise

disclose the information.

Respondents/Affected Entities:

Refrigerant Reclaimers.

Estimated Number of Respondents:

2,500.

Frequency of Response: Annually.

Estimated Total Annual Hour Burden:

5080 hours.

Estimated Total Annualized Cost

Burden: $0.

Send comments on the Agency’s need

for this information, the accuracy of the

provided burden estimates, and any

suggested methods for minimizing

respondent burden, including through

the use of automated collection

techniques to the following addresses.

Please refer to EPA ICR No. 1626.06 and

OMB Control No. 2060–0256 in any

correspondence.

Ms. Sandy Farmer, U.S. Environmental

Protection Agency, OPPE Regulatory

Information Division (2137), 401 M

Street, SW., Washington, DC 20460.

and

Office of Information and Regulatory

Affairs, Office of Management and

Budget, Attention: Desk Officer for

EPA 725 17th Street, NW.,

Washington, DC 20503.