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35082 Federal Register / Vol. 70, No.

115 / Thursday, June 16, 2005 / Notices

Legal Authority applicability involving rates or services proposed information collection as


Since the proposed rates constitute a applicable to public property. described below.
major rate adjustment as defined by 10 Environmental Compliance DATES: Comments must be submitted on
CFR part 903, Western will hold both or before August 15, 2005.
public information forum and public In compliance with the National
Environmental Policy Act of 1969 ADDRESSES: Submit your comments,
comment forums. After review of public referencing docket ID number OW–
comments, and possible amendments or (NEPA) (42 U.S.C. 4321, et seq.);
Council on Environmental Quality 2003–0033, to EPA online using
adjustments, Western will recommend EDOCKET (our preferred method), by e-
the Deputy Secretary of Energy approve Regulations (40 CFR parts 1500–1508);
and DOE NEPA Regulations (10 CFR mail to OW–Docket@epa.gov, or by mail
the proposed rates on an interim basis. to: EPA Docket Center, Environmental
Western is establishing the firm part 1021), Western has determined this
action is categorically excluded from Protection Agency, Water Docket, Mail
electric service rates for P-SMBP—ED Code: 4101T, 1200 Pennsylvania Ave.,
under the Department of Energy preparing an environmental assessment
or an environmental impact statement. NW., Washington, DC 20460.
Organization Act (42 U.S.C. 7152); the
FOR FURTHER INFORMATION CONTACT:
Reclamation Act of 1902 (ch. 1093, 32 Determination Under Executive Order
Stat. 388), as amended and Virginia Fox-Norse, Office of Wetlands,
12866 Oceans and Watersheds: Oceans and
supplemented by subsequent laws,
particularly section 9(c) of the Western has an exemption from Coastal Protection Division (Mail Code
Reclamation Project Act of 1939 (43 centralized regulatory review under 4504T), Environmental Protection
U.S.C. 485h(c)); and other acts that Executive Order 12866; accordingly, no Agency, 1200 Pennsylvania Ave., NW.,
specifically apply to the projects clearance of this notice by the Office of Washington, DC 20460; telephone
involved. Management and Budget is required. number (202) 566–1266; fax number:
By Delegation Order No. 00–037.00, (202) 566–1337; e-mail address: fox-
Small Business Regulatory Enforcement
effective December 6, 2001, the norse.virginia@epa.gov.
Fairness Act
Secretary of Energy delegated: (1) The SUPPLEMENTARY INFORMATION: EPA has
Western has determined that this rule
authority to develop power and established a public docket for this ICR
is exempt from congressional
transmission rates to Western’s under Docket ID number OW–2003–
notification requirements under 5 U.S.C.
Administrator; (2) the authority to 0033, which is available for public
801 because the action is a rulemaking
confirm, approve, and place such rates viewing at the Water Docket in the EPA
of particular applicability relating to
into effect on an interim basis to the Docket Center (EPA/DC), EPA West,
rates or services and involves matters of
Deputy Secretary of Energy; and (3) the Room B102, 1301 Constitution Ave.,
procedure.
authority to confirm, approve, and place NW., Washington, DC. The EPA Docket
into effect on a final basis, to remand, Dated: June 8, 2005. Center Public Reading Room is open
or to disapprove such rates to the Michael S. Hacskaylo, from 8:30 a.m. to 4:30 p.m., Monday
Commission. Existing Department of Administrator. through Friday, excluding legal
Energy (DOE) procedures for public [FR Doc. 05–11884 Filed 6–15–05; 8:45 am] holidays. The telephone number for the
participation in power rate adjustments BILLING CODE 6450–01–P Reading Room is (202) 566–1744, and
(10 CFR part 903) were published on the telephone number for the Water
September 18, 1985 (50 FR 37835). docket is (202) 566–2426. An electronic
Availability of Information ENVIRONMENTAL PROTECTION version of the public docket is available
AGENCY through EPA Dockets (EDOCKET) at
All brochures, studies, comments, http://www.epa.gov/edocket. Use
letters, memorandums, or other [OW–2003–0033, FRL–7924–8] EDOCKET to obtain a copy of the draft
documents that Western initiates or uses collection of information, submit or
to develop the proposed rates are Agency Information Collection
view public comments, access the index
available for inspection and copying at Activities: Proposed Collection;
listing of the contents of the public
the Upper Great Plains Regional Office, Comment Request; Modification of
docket, and to access those documents
located at 2900 4th Avenue North, Secondary Treatment Requirements
in the public docket that are available
Billings, MT. Many of these documents for Discharges Into Marine Waters,
electronically. Once in the system,
and supporting information are also EPA ICR Number 0138.08, OMB
select ‘‘search,’’ then key in the docket
available on its Web site under the Control Number 2040–0088
ID number identified above.
‘‘2006 Firm Rate Adjustment’’ section AGENCY: Environmental Protection Any comments related to this ICR
located at http://www.wapa.gov/ugp/ Agency (EPA). should be submitted to EPA within 60
rates/2006FirmRateAdj. days of this notice. EPA’s policy is that
ACTION: Notice.
Regulatory Procedure Requirements public comments, whether submitted
SUMMARY: In compliance with the electronically or in paper, will be made
Regulatory Flexibility Analysis Paperwork Reduction Act (44 U.S.C. available for public viewing in
The Regulatory Flexibility Act of 1980 3501 et seq.), this document announces EDOCKET as EPA receives them and
(5 U.S.C. 601, et seq.) requires Federal that EPA is planning to submit a without change, unless the comment
agencies to perform a regulatory continuing Information Collection contains copyrighted material, CBI, or
flexibility analysis if a final rule is likely Request (ICR) to the Office of other information whose public
to have a significant economic impact Management and Budget (OMB). This is disclosure is restricted by statute. When
on a substantial number of small entities a request to renew an existing approved EPA identifies a comment containing
and there is a legal requirement to issue collection. This ICR is scheduled to copyrighted material, EPA will provide
a general notice of proposed expire on September 30, 2005. Before a reference to that material in the
rulemaking. This action does not require submitting the ICR to OMB for review version of the comment that is placed in
a regulatory flexibility analysis since it and approval, EPA is soliciting EDOCKET. The entire printed comment,
is a rulemaking of particular comments on specific aspects of the including the copyrighted material, will

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Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Notices 35083

be available in the public docket. There are 4 situations where water quality, biological habitats, and
Although identified as an item in the information will be required under the beneficial uses of receiving waters.
official docket, information claimed as section 301(h) program: (4) State determination and state
CBI, or whose disclosure is otherwise (1) A POTW continuing the certification information: For revised or
restricted by statute, is not included in application process for a section 301(h) renewal applications for section 301(h)
the official public docket, and will not waiver, or reapplying for a waiver: As waivers, EPA needs a state
be available for public viewing in the permits with section 301(h) waivers determination. The state determines
EDOCKET. For further information reach their expiration dates, EPA must whether all state laws (including water
about the electronic docket, see EPA’s have updated information on the quality standards) are satisfied. This
Federal Register notice describing the discharge to determine whether the helps ensure that water quality,
electronic docket at 67 FR 38102 (May section 301(h) criteria are still being met biological habitats, and beneficial uses
31, 2002), or go to http://www.epa.gov./ and whether the section 301(h) waiver of receiving waters are protected.
edocket. should be reissued. Under 40 CFR Additionally, the state must determine
Affected entities: Entities potentially 125.59(f), each section 301(h) permittee if the applicant’s discharge will result in
affected by this action are those is required to submit an application for additional treatment, pollution control,
municipalities that currently have a new section 301(h) modified permit or any other requirement for any other
section 301(h) waivers from secondary within 180 days of the existing permit’s point or nonpoint sources. This process
treatment, have applied for a renewal of expiration date. 40 CFR 125.59(c) lists allows the state’s views to be taken into
a section 301(h) waiver, or those with a the information required for a modified account when EPA reviews the section
pending section 301(h) waiver permit. The information that EPA needs 301(h) application and develops permit
application, and the states within which to determine whether the POTW’s conditions. For revised and renewed
these municipalities are located. reapplication meets the section 301(h) section 301(h) waiver applications, EPA
Title: Modification of Secondary criteria is outlined in the questionnaire also needs the CWA section 401(a)(1)
Treatment Requirements for Discharges attached to 40 CFR part 125, subpart G. certification information to ensure that
Into Marine Waters (2) Monitoring and toxic control all state water quality laws are met by
Abstract: Regulations implementing program information: Once a waiver has any permit it issues with a section
section 301(h) of the Clean Water Act been granted, EPA must continue to 301(h) modification, and the state
(CWA) are found at 40 CFR part 125, assess whether the discharge is meeting accepts all the permit conditions. This
subpart G. The section 301(h) program section 301(h) criteria, and that the information is the means by which the
involves collecting information from receiving water quality, biological state can exercise its authority to concur
two sources: (1) The municipal habitats, and beneficial uses of the with or deny a section 301(h) decision
wastewater treatment facility, receiving waters are protected. To do made by the EPA Regional Office.
commonly called a publicly owned this, EPA needs monitoring information The information covered by this
treatment works (POTW), and (2) the furnished by the permittee. According information collection request involves
state in which the POTW is located. to 40 CFR 125.68(d), any permit issued treatment plant operating data, effects of
Municipalities had the opportunity to with a section 301(h) waiver must POTWs’ discharges on marine
apply for a waiver from secondary contain the monitoring requirements of environments, and States’ viewpoints
treatment requirements, but that 40 CFR 125.63(b), (c), and (d) for on issues concerning effects of POTWs’
opportunity closed in December, 1982. biomonitoring, water quality criteria discharges on marine environments.
A POTW that seeks a section 301(h) and standards monitoring, and effluent None of this information is confidential;
waiver does so voluntarily to obtain or monitoring, respectively. Section thus confidentiality is not an issue. An
retain a benefit. A section 301(h) waiver 125.68(d) also requires reporting at the agency may not conduct or sponsor, and
modifies secondary treatment frequency specified in the monitoring a person is not required to respond to,
requirements of CWA section program. In addition to monitoring a collection of information unless it
301(b)(1)(B). Secondary treatment information, EPA needs information on displays a currently valid OMB control
requirements establish technology-based the toxics control program required by number. The OMB control numbers for
effluent limitations for biochemical section 125.66 to ensure that the EPA’s regulations in 40 CFR are listed
oxygen demand (BOD), suspended permittee is effectively minimizing in 40 CFR part 9.
solids (SS), and pH (a measure of acidity industrial and nonindustrial toxic The EPA would like to solicit
or alkalinity) (40 CFR part 133). A pollutant and pesticide discharges into comments to:
POTW seeking to obtain a section 301(h) the treatment works. (i) Evaluate whether the proposed
waiver, holding a current waiver or (3) Application revision information: collection of information is necessary
reapplying for a waiver, provides Section 125.59(d) of 40 CFR allows a for the proper performance of the
application, monitoring, and toxic POTW to revise its application one time functions of the Agency, including
control program information. The state only, following a tentative decision by whether the information will have
provides information on its EPA to deny the waiver request. In its practical utility;
determination whether the discharge application revision, the POTW usually (ii) Evaluate the accuracy of the
under the proposed conditions of the corrects deficiencies and changes Agency’s estimate of the burden of the
waiver ensures the protection of water proposed treatment levels as well as proposed collection of information,
quality, biological habitats, and outfall and diffuser locations. The including the validity of the
beneficial uses of receiving waters and application revision is a voluntary methodology and assumptions used;
whether the discharge will result in submission for the applicant, and a (iii) Enhance the quality, utility, and
additional treatment, pollution control, letter of intent to revise the application clarity of the information to be
or any other requirement for any other must be submitted within 45 days of collected; and
point or nonpoint sources. The state EPA’s tentative decision (40 CFR (iv) Minimize the burden of the
also provides information to certify that 125.59(f)). EPA needs this information collection of information on those who
the discharge will meet all applicable to evaluate revised applications to are to respond, including through the
state laws and that the state accepts all determine whether the modified use of appropriate automated electronic,
permit conditions. discharge will ensure protection of mechanical, or other technological

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35084 Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Notices

collection techniques or other forms of Matters concerning participation in Parties: California Association of Port
information technology, e.g., permitting civil actions or proceedings or Authorities and Northwest Marine
electronic submission of responses. arbitration. Terminals Association.
Burden Statement: The estimated Internal personnel rules and Filing Party: Timothy Schott,
annual average burden for the 51 procedures or matters affecting a Association Secretary; California
respondents totals 65,037 hours for this particular employee. Association of Port Authorities; 1510
information collection. The average DATE AND TIME: Thursday, June 23, 2005, 14th Street; Sacramento, California
annual reporting burden varies at 10 a.m. 95814.
depending on the size of the respondent Synopsis: The amendment changes
PLACE: 999 E Street, NW., Washington,
and the category of the information the succession order of officers and the
DC (Ninth Floor).
collection. The frequency of response makeup of the Executive Committee and
STATUS: This Meeting Will Be Open to expands the scope of the agreement’s
varies from once every five years, to
case-by-case, depending on the category. the Public. planning to include labor practices,
The annual reporting and recordkeeping ITEMS TO BE DISCUSSED: infrastructure development, railroad
burden for this collection of information Correction and Approval of Minutes. practices and environmental policy. It
is estimated to average 667 hours per Advisory Opinion 2005–06: Friends also makes technical changes to the
response for POTWs and 86 hours per of McInnis Canyons National agreement.
response for States. There are no Conservation Area and former Agreement No.: 007345–022.
applicable projected cost burdens for Representative Scott McInnis and Title: California Association of Port
respondents or record keepers resulting Friends of Scott McInnis, Inc. by Authorities Agreement.
from the collection of information, for a Treasurer, Orville F. Petersen. Parties: Port of Stockton; Port of
total capital and startup cost component Final Rules and Explanation and Sacramento; Port of Redmond City; Port
annualized over its expected useful life, Justification for Candidate Solicitation of Hueneme; Port of San Diego; Port of
a total operation and maintenance at State, District and Local Party Richmond; Port of Los Angeles; Port of
component, or a purchase of services Fundraising Events (11 CFR 300.64). Long Beach; Port of Oakland; Encinal
component. Burden means the total Final Rules and Explanation and Terminals; Humboldt Bay Harbor
time, effort, or financial resources Justification for Definitions of ‘‘Agent’’ District.
expended by persons to generate, for BCRA Regulations on Non-Federal Filing Party: Timothy Schott,
maintain, retain, or disclose or provide Funds and Coordinated and Association Secretary; California
information to or for a Federal agency. Independent Expenditures (11 CFR Association of Port Authorities; 1510
This includes the time needed to review 109.3 and 300.2(b)). 14th Street; Sacramento, California
instructions; develop, acquire, install, Final Rules and Explanation and 95814.
and utilize technology and systems for Justification for Payroll Deductions by Synopsis: The amendment changes
the purposes of collecting, validating, Member Corporations for Contributions the succession order of officers and the
and verifying information, processing to a Trade Association’s Separate makeup of the Executive Committee and
and maintaining information, and Segregated Fund. expands the scope of the agreement’s
disclosing and providing information; Routine Administrative Matters. planning to include labor practices,
adjust the existing ways to comply with FOR FURTHER INFORMATION CONTACT: Mr. infrastructure development, railroad
any previously applicable instructions Robert Biersack, Press Officer, practices and environmental policy. It
and requirements; train personnel to be Telephone: (202) 694–1220. also makes technical changes to the
able to respond to a collection of agreement.
Mary W. Dove,
information; search data sources; Secretary of the Commission. Agreement No.: 011325–032.
complete and review the collection of Title: Westbound Transpacific
[FR Doc. 05–12025 Filed 6–14–05; 2:37 am]
information; and transmit or otherwise Stabilization Agreement.
BILLING CODE 6715–01–M
disclose the information. Parties: American President Lines,
Dated: June 6, 2005. Ltd./APL Co. Pte Ltd.; China Shipping
Diane Regas, Container Lines Co., Ltd.; COSCO
FEDERAL MARITIME COMMISSION Container Lines Company Limited;
Director, Office of Wetlands, Oceans and
Watersheds. Evergreen Marine Corporation (Taiwan),
Notice of Agreements Filed
Ltd.; Hanjin Shipping Co., Ltd.; Hapag-
[FR Doc. 05–11916 Filed 6–15–05; 8:45 am]
The Commission hereby gives notice Lloyd Container Line GmbH; Kawasaki
BILLING CODE 6560–50–P
of the filing of the following agreements Kisen Kaisha, Ltd.; Mitsui O.S.K. Lines,
under the Shipping Act of 1984. Ltd.; A. P. Hyundai Merchant Marine
Interested parties may obtain copies of Co. Ltd.; Kawasaki Kisen Kaisha Ltd.;
FEDERAL ELECTION COMMISSION agreements by contacting the Mitsui O.S.K. Lines, Ltd.; Nippon Yusen
Commission’s Office of Agreements at Kaisha Line; Orient Overseas Container
Sunshine Act; Meeting (202) 523–5793 or via e-mail at Line Limited; P&O Nedlloyd B.V.; P&O
tradeanalysis@fmc.gov. Interested Nedlloyd Limited and Yangming Marine
DATE AND TIME: Tuesday, June 21, 2005 Transport Corp.
parties may submit comments on an
at 10 a.m. Filing Party: David F. Smith, Esq.;
agreement to the Secretary, Federal
PLACE: 999 E Street, NW., Washington, Maritime Commission, Washington, DC Sher & Blackwell, LLP; 1850 M Street,
DC. 20573, within 10 days of the date this NW., Suite 900; Washington, DC 20036.
STATUS: This Meeting Will Be Closed to notice appears in the Federal Register. Synopsis: The amendment reflects the
the Public. Agreement No.: 002206–004. withdrawal of Mitsui O.S.K. Lines, Ltd.,
ITEMS TO BE DISCUSSED: Compliance Title: California Association of Port effective June 12, 2005.
matters pursuant to 2 U.S.C. 437g. Authorities and Northwest Marine Agreement No.: 011516–005.
Audits conducted pursuant to 2 Terminals Association Interconference Title: Voluntary Intermodal Sealift
U.S.C. 437g, 438(b), and Title 26, U.S.C. Agreement. Discussion Agreement.

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