Central Hudson Gas & Electric Corporation; Notice of Availability of Navigability Report for the Walkill River, Request for Comments, and Notice of Pending Jurisdictional Inquiry, 89685-89686 [2023-28695]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Notices 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 January 10, 2024. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at https:// 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 may mail similar pleadings to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. Hand delivered submissions in docketed proceedings should be delivered to Health and Human Services, 12225 Wilkins Avenue, Rockville, Maryland 20852. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the internet through the Commission’s Home Page (https:// www.ferc.gov). From the Commission’s Home Page on the internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field. User assistance is available for eLibrary and the Commission’s website during normal business hours from FERC Online Support at 202–502–6652 (toll free at 1–866–208–3676) or email at ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502– 8371, TTY (202) 502–8659. Email the Public Reference Room at public.referenceroom@ferc.gov. The Commission’s Office of Public Participation (OPP) supports meaningful VerDate Sep<11>2014 20:14 Dec 27, 2023 Jkt 262001 public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502–6595 or OPP@ ferc.gov. Dated: December 21, 2023. Debbie-Anne A. Reese, Deputy Secretary. [FR Doc. 2023–28699 Filed 12–27–23; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. UL19–1–000; UL19–2–000] Central Hudson Gas & Electric Corporation; Notice of Availability of Navigability Report for the Walkill River, Request for Comments, and Notice of Pending Jurisdictional Inquiry On May 9, 2019, the Federal Energy Regulatory Commission (Commission) received a request from the U.S. Department of the Interior’s Fish and Wildlife Service (FWS) for an updated jurisdictional determination for the unlicensed Sturgeon Pool and Dashville Hydroelectric Projects. The projects are located on the Wallkill River in Ulster County, New York. In response to FWS’s request, Commission staff is investigating the jurisdictional status of the Sturgeon Pool Hydroelectric Project (UL19–1–000) and Dashville Hydroelectric Project (UL19–2–000). Pursuant to section 23(b)(1) of the Federal Power Act (FPA), 16 U.S.C. 817(1), a non-Federal hydroelectric project must be licensed (unless it has a still-valid pre-1920 Federal permit) if it: (a) is located on a navigable water of the United States; (b) occupies lands or reservations of the United States; (c) utilizes surplus water or waterpower from a government dam; or (d) is located on a stream over which Congress has Commerce Clause jurisdiction, is constructed or modified on or after August 26,1935, and affects the interests of interstate of foreign commerce. A stream is navigable under section 3(8) of the FPA if: (1) it is currently being used or is suitable for use, or (2) it has been used or was suitable for use in the past, or (3) it could be made PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 89685 suitable for use in the future by reasonable improvements, to transport persons or property in interstate or foreign commerce. Navigability under section 3(8) of the FPA is not destroyed by obstructions or disuse of many years; personal or private use may be sufficient to demonstrate the availability of the river for commercial navigation; and the seasonal floatation of logs is sufficient to determine that a river is navigable. Commission staff previously investigated the Commission’s jurisdiction over the Sturgeon Pool and Dashville Hydroelectric Projects. In 1988, staff determined that the projects were non-jurisdictional based on staff’s finding that the Wallkill River was not navigable at the location of the projects.1 Commission staff’s prior finding relied primarily on historical usage of the river. FWS requests that the Commission reexamine navigability of the Wallkill River and look specifically at the river’s suitability for commercial use. A stream’s suitability for commercial use can be demonstrated based on its physical characteristics, as well as its actual use or suitability for use for recreational boating, if this information shows the river is suitable for the simpler types of commercial navigation.2 As part of the current jurisdictional review, Commission staff prepared an updated navigability report for the Wallkill River. Before deciding on the jurisdictional status of the Sturgeon Pool and Dashville Hydroelectric Projects, the Commission will accept and consider comments on the navigability report. Comments may be filed no later January 22, 2024. This navigability report may be viewed on the web at https:// www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket numbers, UL19–1 and UL19–2, excluding the last three digits in the docket number field to access the document. You may also register online at https://www.ferc.gov/docs-filing/ esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3676, or TTY, contact (202) 502–8659. 1 See Central Hudson Gas & Electric Co., 44 FERC ¶ 62,215 (1988) (Dashville Hydroelectric Project in Docket No. UL88–18–000); Central Hudson Gas & Electric Co., 44 FERC ¶ 62,216 (1988) (Sturgeon Pool Hydroelectric Project in Docket No. UL88–22– 000). 2 See FPL Energy Maine Hydro LLC v. FERC, 287 F.3d 1151, 1158 (D.C. Cir. 2002) (affirming navigability finding based on stream characteristics and test trips by canoe). E:\FR\FM\28DEN1.SGM 28DEN1 89686 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Notices The Commission strongly encourages electronic filing. Please file comments using the Commission’s eFiling system at https://www.ferc.gov/docs-filing/ efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at https:// www.ferc.gov/docs-filing/ ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208–3676 (toll free), or (202) 502–8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. The first page of any filing should include Docket Numbers UL19–1–000 and/or UL19–2–000. For further information, please contact Jennifer Polardino at (202) 502– 6437 or Jennifer.Polardino@ferc.gov. Dated: December 21, 2023. Debbie-Anne A. Reese, Deputy Secretary. [FR Doc. 2023–28695 Filed 12–27–23; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPPT–2015–0436; FRL–11645– 01–OMS] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Generic Clearance for TSCA Section 4 Test Rules, Test Orders, Enforceable Consent Agreements (ECAs), Voluntary Data Submissions, and Exemptions From Testing Requirements (Renewal) Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Generic Clearance for TSCA Section 4 Test Rules, Test Orders, Enforceable Consent Agreements (ECAs), Voluntary Data Submissions, and Exemptions from Testing Requirements (EPA ICR Number 1139.48, OMB Control Number 2070– 0033) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through December 31, 2023. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:14 Dec 27, 2023 Jkt 262001 Public comments were previously requested via the Federal Register on November 2, 2021, during a 60-day comment period. This notice allows for an additional 30-days for public comments. 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202–566–1744. For additional information about EPA’s public docket, visit https:// www.epa.gov/dockets. Comments must be received on or before January 29, 2024. ADDRESSES: Submit your comments, referencing Docket ID No. EPA–HQ– OPPT–2015–0436, to EPA online using https://www.regulations.gov (our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. EPA’s policy is that all comments received will be included in the docket without change, including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute. Submit written comments and recommendations to OMB for the proposed information collection within 30 days of publication of this notice to https://www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Katherine Sleasman, Mission Support Division (7101M), Office of Program Support, Office of Chemical Safety and Pollution Prevention, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 566–1204; email address: sleasman.katherine@ epa.gov. Abstract: The generic ICR addresses the information collection activities associated with the authorities provided to EPA under TSCA section 4 (15 U.S.C. 2603), which allows EPA to require the development of information related to chemicals to inform EPA and other federal agencies about chemical risks, which in turn will inform decision makers for purposes of prioritization, risk evaluation and risk management of those chemicals. DATES: This is a proposed extension of the ICR which is currently approved through December 31, 2023. 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. Public comments were previously requested via the Federal Register on November 2, 2021, during a 60-day comment period (86 FR 60460). This notice allows for an additional 30 days for public comments. Supporting documents, which explain in detail the information that the EPA will be collecting, are available in the public docket for this ICR. The docket can be viewed online at https:// www.regulations.gov or in person at the EPA Docket Center, WJC West, Room SUPPLEMENTARY INFORMATION: PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 Respondents/affected Entities: Entities potentially affected by this ICR are manufacturers (including imports) or processors of chemical substances of mixtures, e.g., entities identified by North American Industrial Classification System Codes 325 and 324. Respondent’s obligation to respond: Mandatory per 15 U.S.C. 2603. Estimated number of respondents: 263. Frequency of response: On occasion. Total estimated burden: 114,561 hours (three year total). Burden is defined at 5 CFR 1320.3(b). Total estimated costs: $27,261,789 (three year total), including $17,725,254 capital or operation and maintenance costs. Changes in the estimates: The annual estimated labor burden associated with testing costs increased by 5,749 hours. Updates were made to reflect testing burden and labor costs for activities associated with contacting laboratories and arranging testing and sample collection. In addition, the 5,749 also accounts for the burden being merged into this ICR that is associated with activities associated with contacting laboratories and arranging testing as well as reviewing guidance documents and pre-issuance outreach for Test Orders. The estimated non-labor testing costs increased due to inflation. With the increase in testing costs as well as increases in labor and overhead costs over time, the annual costs to the industry respondents increased by $1,014,408. Courtney Kerwin, Director, Information Engagement Division. [FR Doc. 2023–28663 Filed 12–27–23; 8:45 am] BILLING CODE P E:\FR\FM\28DEN1.SGM 28DEN1

Agencies

[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Pages 89685-89686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28695]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. UL19-1-000; UL19-2-000]


Central Hudson Gas & Electric Corporation; Notice of Availability 
of Navigability Report for the Walkill River, Request for Comments, and 
Notice of Pending Jurisdictional Inquiry

    On May 9, 2019, the Federal Energy Regulatory Commission 
(Commission) received a request from the U.S. Department of the 
Interior's Fish and Wildlife Service (FWS) for an updated 
jurisdictional determination for the unlicensed Sturgeon Pool and 
Dashville Hydroelectric Projects. The projects are located on the 
Wallkill River in Ulster County, New York. In response to FWS's 
request, Commission staff is investigating the jurisdictional status of 
the Sturgeon Pool Hydroelectric Project (UL19-1-000) and Dashville 
Hydroelectric Project (UL19-2-000).
    Pursuant to section 23(b)(1) of the Federal Power Act (FPA), 16 
U.S.C. 817(1), a non-Federal hydroelectric project must be licensed 
(unless it has a still-valid pre-1920 Federal permit) if it: (a) is 
located on a navigable water of the United States; (b) occupies lands 
or reservations of the United States; (c) utilizes surplus water or 
waterpower from a government dam; or (d) is located on a stream over 
which Congress has Commerce Clause jurisdiction, is constructed or 
modified on or after August 26,1935, and affects the interests of 
interstate of foreign commerce.
    A stream is navigable under section 3(8) of the FPA if: (1) it is 
currently being used or is suitable for use, or (2) it has been used or 
was suitable for use in the past, or (3) it could be made suitable for 
use in the future by reasonable improvements, to transport persons or 
property in interstate or foreign commerce. Navigability under section 
3(8) of the FPA is not destroyed by obstructions or disuse of many 
years; personal or private use may be sufficient to demonstrate the 
availability of the river for commercial navigation; and the seasonal 
floatation of logs is sufficient to determine that a river is 
navigable.
    Commission staff previously investigated the Commission's 
jurisdiction over the Sturgeon Pool and Dashville Hydroelectric 
Projects. In 1988, staff determined that the projects were non-
jurisdictional based on staff's finding that the Wallkill River was not 
navigable at the location of the projects.\1\ Commission staff's prior 
finding relied primarily on historical usage of the river. FWS requests 
that the Commission reexamine navigability of the Wallkill River and 
look specifically at the river's suitability for commercial use. A 
stream's suitability for commercial use can be demonstrated based on 
its physical characteristics, as well as its actual use or suitability 
for use for recreational boating, if this information shows the river 
is suitable for the simpler types of commercial navigation.\2\
---------------------------------------------------------------------------

    \1\ See Central Hudson Gas & Electric Co., 44 FERC ] 62,215 
(1988) (Dashville Hydroelectric Project in Docket No. UL88-18-000); 
Central Hudson Gas & Electric Co., 44 FERC ] 62,216 (1988) (Sturgeon 
Pool Hydroelectric Project in Docket No. UL88-22-000).
    \2\ See FPL Energy Maine Hydro LLC v. FERC, 287 F.3d 1151, 1158 
(D.C. Cir. 2002) (affirming navigability finding based on stream 
characteristics and test trips by canoe).
---------------------------------------------------------------------------

    As part of the current jurisdictional review, Commission staff 
prepared an updated navigability report for the Wallkill River. Before 
deciding on the jurisdictional status of the Sturgeon Pool and 
Dashville Hydroelectric Projects, the Commission will accept and 
consider comments on the navigability report. Comments may be filed no 
later January 22, 2024.
    This navigability report may be viewed on the web at https://www.ferc.gov using the ``eLibrary'' link. Enter the docket numbers, 
UL19-1 and UL19-2, excluding the last three digits in the docket number 
field to access the document. You may also register online at https://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of 
new filings and issuances related to this or other pending projects. 
For assistance, please contact FERC Online Support at 
[email protected] or toll-free at (866) 208-3676, or TTY, 
contact (202) 502-8659.

[[Page 89686]]

    The Commission strongly encourages electronic filing. Please file 
comments using the Commission's eFiling system at https://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 
6,000 characters, without prior registration, using the eComment system 
at https://www.ferc.gov/docs-filing/ecomment.asp. You must include your 
name and contact information at the end of your comments. For 
assistance, please contact FERC Online Support at 
[email protected], (866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to: 
Secretary, Federal Energy Regulatory Commission, 888 First Street NE, 
Washington, DC 20426. The first page of any filing should include 
Docket Numbers UL19-1-000 and/or UL19-2-000.
    For further information, please contact Jennifer Polardino at (202) 
502-6437 or [email protected].

    Dated: December 21, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-28695 Filed 12-27-23; 8:45 am]
BILLING CODE 6717-01-P
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