Petitions have been accepted for filing on the dates indicated from the firms listed below.

The petitions were submitted pursuant to section 251 of the Trade Act of 1974 (19 U.S.C. 2341). Consequently, the United States Department of Commerce has initiated separate investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each firm contributed importantly to total or partial separation of the firm's workers, or threat thereof, and to a decrease in sales or production of each petitioning firm.

Any party having a substantial interest in the proceedings may request a public hearing on the matter. A request for a hearing must be received by Trade Adjustment Assistance, Room 7315, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than the close of business of the tenth calendar day following the publication of this notice.

Take notice that on March 13, 2001, Eastern Shore Natural Gas Company (ESNG) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, certain revised tariff sheets listed in Appendix A to the filing, with a proposed effective date of April 1, 2001.

ESNG states the purpose of this instant filing is to track rate changes attributable to storage services purchased from Transcontinental Gas Pipe Line Corporation under its Rate Schedules GSS and LSS and Columbia Gas Transmission Corporation under its Rate Schedule SST. The costs of the above referenced storage services comprise the rates and charges payable (or a portion thereof) under ESNG's respective Rate Schedules GSS, LSS and CFSS, respectively. This tracking filing is being made pursuant to Section 3 of ESNG's respective Rate Schedules GSS, LSS and CFSS.

ESNG states that copies of the filing have been served upon its jurisdictional customers and interested State Commissions.

Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection in the Public Reference Room. This filing may be viewed on the web at http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for assistance). 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 at http://www.ferc.fed.us/efi/doorbell.htm.

Take notice that on February 28, 2001, Florida Power Corporation filed a Settlement Agreement and accompanying materials in the above-captioned proceedings.

Any person desiring to be heard or to protest such filing should file a motion to intervene or protest 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). All such motions and protests should be filed on or before March 22, 2001. Protests will be considered by the Commission to determine the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection. This filing may also be viewed on the Internet at http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for assistance). 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 at http://www.ferc.fed.us/efi/doorbell.htm.

Take notice that on February 23, 2001, Cranberry Pipeline Corporation (Cranberry) filed, pursuant to section 284.123(b)(2) of the Commission's Regulations, a petition for rate approval requesting that the Commission approve: (1) a system-wide rate of 81.47 cents per MMBtu applicable to interruptible transportation service rendered on its system in the State of West Virginia; (2) a rate for Hub Service of 7.74 cents per MMBtu; and (3) a $50 low flow meter fee. These rates will be applicable to the transportation of natural gas under section 311(a)(2) of the Natural Gas Policy Act of 1978 (NGPA).

Pursuant to section 284.123(b)(2)(ii), if the Commission does not act within 150 days of the date of this filing, the rates will be deemed to be fair and equitable and not in excess of an amount which interstate pipelines would be permitted to charge for similar transportation service. The Commission may, prior to the expiration of the 150 day period, extend the time for action or institute a proceeding to afford parties an opportunity for written comments and for the oral presentation of views, data, and arguments.

Any person desiring to participate in this rate proceeding must file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, D.C. 20426, in accordance with rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). All motions must be filed with the Secretary of the Commission on or before March 30, 2001. This petition for rate approval is on file with the Commission and is available for public inspection. This filing may be viewed on the web at http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for assistance). Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.200(a)(1)(iii) and the instruction on the Commission's web site at http://www.ferc.fed.us.efi/doorbell.htm.

The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment (EA) that will discuss the environmental impacts of the Badger Pipeline Project involving construction and operation of facilities by ANR Pipeline Company (ANR) in Racine and Kenosha Counties, Wisconsin.1 These facilities consist of about 22.3 miles of 20-inch-diameter pipeline, valves, a meter station, crossover piping, and pig trap launcher/receiver assemblies. The EA will be used by the Commission in its decision-making process to determine whether the project is in the public convenience and necessity.

If you are a landowner receiving this notice, you may be contacted by a pipeline company representative about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The pipeline company would seek to negotiate a mutually acceptable agreement. However, if the project is approved by the Commission, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings in accordance with state law.

A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” was attached to the project notice ANR provided to landowners. This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. It is available for viewing on the FERC Internet website (www.ferc.fed.us).

ANR is proposing the Badger Pipeline Project to provide 210,000 Mcfd of gas to Badger Generating Company, LLC's (Badger) proposed 1,050 megawatt gas-fired power plant to be constructed in the Village of Pleasant Prairie in Kenosha County, Wisconsin. To serve Badger's needs, ANR proposes to construct the following new facilities:

• about 12.8 miles of 20-inch-diameter pipeline loop 2 along ANR's existing 10- and 12-inch-diameter Racine Laterals between Mainline Valve No. 8 (milepost (MP) 0.0) in Burlington Township, Racine County and the existing Somers Meter Station (MP 12.8) in Paris township, Kenosha County;

• about 9.5 miles of 20-inch-diameter pipeline lateral 3 would be located adjacent to existing rights-of-way (gas pipelines, a 345 kV electric transmission line, and the Chicago, Milwaukee, St. Paul and Pacific Railroad) between the Somers Meter Station (MP 12.8) and the proposed Badger Plant (MP 22.3) in Pleasant Prairie Township, Kenosha County; and

• aboveground facilities consisting of a pig trap/launcher assembly at the tie-in of the proposed pipeline (MP 0.0); a mainline valve and crossover piping at the existing Somers Meter Station (MP 12.8); and a meter station, valve, and pig trap/receiver assembly to be located at the proposed Badger Plan site (MP 22.3).

The general location of ANR's proposed facilities is shown on the map attached as appendix 1.4

Construction of ANR's proposed pipeline loop and lateral would require about 212.5 acres of land. ANR proposes to use a 75-foot wide construction right-of-way, and retain a 50-foot wide permanent pipeline right-of-way. Total land requirements for the permanent right-of-way would be about 135.2 acres. Construction of the proposed aboveground facilities would affect about 1.9 acres of land and permanent operation of these facilities would require about 1.2 acres of land. All temporary work space would be allowed to revert to its original land use. Twelve existing private roads are proposed for access to the proposed pipeline corridor during the construction of the pipeline loop and lateral. Two existing commercial/industrial facility sites, one about 8 acres in size and the other about 10 acres in size, have been identified for use as contractor staging yards during construction.

The National Environmental Policy Act (NEPA) requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us to discover and address concerns the public may have about proposals. We call this “scoping.” The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this Notice of Intent, the Commission requests public comments on the scope of the issues it will address in the EA. All comments received are considered during the preparation of the EA. State and local government representatives are encouraged to notify their constituents of this proposed action and encourage them to comment on their areas of concern.

The EA will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings:

We will evaluate possible alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas.

Our independent analysis of the issues will be in the EA. Depending on the comments received during the scoping process, the EA may be published and mailed to Federal, state, and local agencies, public interest groups, interested individuals, affected landowners, newspapers, libraries, and the Commission's official service list for this proceeding. A comment period will be allotted for review if the EA is published. We will consider all comments on the EA before we make our recommendations to the Commission.

To ensure your comments are considered, please carefully follow the instructions in the public participation section beginning on page 5.

We have already identified several issues that we think deserve attention based on a preliminary view of the proposed facilities and the environmental information provided by ANR. This preliminary list of issues may be changed based on your comments and our analysis.

• Water Resources and Wetlands

• Vegetation

• Cultural Resources

• Soils  About 19.2 miles of the pipeline right-of-way have soils with a high potential for compaction. Crossing about 15.4 miles of prime farmland.

• Land Use

You can make a difference by providing us with your specific comments or concerns about the project. By becoming a commentor, your concerns will be addressed in the EA and considered by the Commission. You should focus on the potential environmental effects of the proposal, alternatives to the proposal (including alternative locations or routes), and measures to avoid or lessen environmental impact. The more specific you comments, the more useful they will be. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded:

• Send an original and two copies of your letter to: David P. Boergers, Secretary, Federal Energy Regulatory Commission, 888 First St., N.E., Room 1A, Washington, DC 20426;

• Label one copy of the comments for the attention of Gas 1, PJ-11.1;

• Reference Docket No. CP01-79-000; and

• Mail your comments so that they will be received in Washington, DC on or before April 16, 2001.

Comments, protests and interventions may also 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 at http://www.ferc.fed.us/efi/doorbell.htm under the link to the User's Guide. Before you can file electronically you will need to create an account which can be created by clicking on “Login to File” and then “New User Account.”

If you do not want to send comments at this time but still want to remain on our mailing list, please return the Information Request (appendix 3). If you do not return the Information Request, you will be removed from the environmental mailing list.

In addition to involvement in the EA scoping process, you may want to become an official party to the proceeding known as an “intervenor.” Intervenors play a more formal role in the process. Among other things, intervenors have the right to receive copies of case-related Commission documents and filings by other intervenors. Likewise, each intervenor must provide 14 copies of its filings to the Secretary of the Commission and must send a copy of its filings to all other parties on the Commission's service list for this proceeding. If you want to become an intervenor you must file a motion to intervene according to Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.214) (see appendix 2). Only intervenors have the right to seek rehearing of the Commission's decision.

Affected landowners and parties with environmental concerns may be granted intervenor status showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your environmental comments considered.

Additional information about the proposed project is available from the Commission's Office of External Affairs at (202) 208-1088 or on the FERC website (www.ferc.fed.us) using the “RIMS” link to information in this docket number. Click on the “RIMS” link, select “Docket #” from the RIMS Menu, and follow the instructions. For assistance with access to RIMS, the RIMS helpline can be reached at (202) 208-2222.

Similarly, the “CIPS” link on the FERC Internet website provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. From the FERC Internet website, click on the “CIPS” link, select “Docket #” from the CIPS menu, and follow the instructions. For assistance with access to CIPS, the CIPS helpline can be reached at (202) 208-2474.

The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment (EA) that will discuss the environmental impacts of the Gateway Project involving construction and operation of facilities by East Tennessee Natural Gas Company (East Tennessee) in Washington County, Virginia, and Overton, Fentress, Loudon and Putnum Counties, Tennessee.1 These facilities would consist of about 2.23 miles of 12-inch-diameter pipeline, replacement of seven road crossings, and the installation of a gas cooler, regulation and control facilities. This EA will be used by the Commission in its decision-making process to determine whether the project is in the public convenience and necessity.

If you are a landowner receiving this notice, you may be contacted by a pipeline company representative about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The pipeline company would seek to negotiate a mutually acceptable agreement. However, if the project is approved by the Commission, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings in accordance with state law.

A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” was attached to the project notice East Tennessee provided to landowners. This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. It is available for viewing on the FERC Internet website (www.ferc.fed.us).

East Tennessee wants to expand the capacity of its facilities in Virginia and Tennessee to render firm natural gas transportation service for 1,000 dekatherms per day (Dth/d) to Etowah Utility Department, 3,000 Dth/d to Loudon Utilities Gas Department, and 4,000 Dth/d to Stone Mountain Energy, LC. East Tennessee seeks authority to construct and operate:

• About 2.23 miles of 12-inch-diameter pipeline loop (Loop 1) from Valve Section (VS) 3310-2+Milepost (MP) 0.00 to MP 2.23 in Washington County, Virginia.

• An increase in maximum allowable operating pressure (MAOP) of 4.56 miles of existing 22-inch-diameter pipeline from main line valve (MLV) 3107-1 to MLV 3107-1A, which includes one road crossing replacement;

• An increase in MAOP of 12.85 miles of existing 22-inch-diameter pipeline from MLV 3107-1A to MLV 3108-1, which includes six road crossings replacements and hydrotesting of the pipeline section from MLV 3107-1A to MLV 3108-1;

• Pressure control facilities at the beginning of the Monterey Lateral, VS 3107+4.56;

• A gas cooler at Monterey Station, VS 3107; and

• Regulation at the Loudon M&R, VS 3218D-102.

The location of the project facilities is shown in appendix 1.2

Construction of the proposed facilities would require about 30.9 acres in Virginia and about 18.2 acres in Tennessee for a total of about 49.1 acres in land. No new aboveground facility sites would be constructed in either Virginia or Tennessee, therefore, no new permanent operation impacts would result. East Tennessee would continue to maintain the existing 11.1 acres of permanent right-of-way.

The National Environmental Policy Act (NEPA) requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us 3 to discover and address concerns the public may have about proposals. We call this “scoping”. The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this Notice of Intent, the Commission requests public comments on the scope of the issues it will address in the EA. All comments received are considered during the preparation of the EA. State and local government representatives are encouraged to notify their constituents of this proposed action and encourage them to comment on their areas of concern.

The EA will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings:

• Geology and soils.

• Water resources, fisheries, and wetlands.

• Vegetation and wildlife.

• Endangered and threatened species.

• Land use.

• Cultural resources.

• Air quality and noise.

• Public safety.

We will also evaluate possible alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas.

Our independent analysis of the issues will be in the EA. Depending on the comments received during the scoping process, the EA may be published and mailed to Federal, state, and local agencies, public interest groups, interested individuals, affected landowners, newspapers, libraries, and the Commission's official service list for this proceeding. A comment period will be allotted for review if the EA is published. We will consider all comments on the EA before we make our recommendations to the Commission.

To ensure your comments are considered, please carefully follow the instructions in the public participation section below.

We have already identified several issues that we think deserve attention based on a preliminary review of the proposed facilities and the environmental information provided by East Tennessee. This preliminary list of issues may be changed based on your comments and our analysis.

• The location of four residences within 50-feet of the proposed construction right-of-way.

• Five federally listed endangered or threatened species may occur in the proposed project area.

You can make a difference by providing us with your specific comments or concerns about the project. By becoming a commentor, your concerns will be addressed in the EA/EIS and considered by the Commission. You should focus on the potential environmental effects of the proposal, alternatives to the proposal, and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded:

• Send an original and two copies of your letter to: David P. Boergers, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426.

• Label one copy of the comments for the attention of Gas 1, PJ-11.1

• Reference Docket No. CP00-92-000.

• Mail your comments to that they will be received in Washington, DC on or before April 16, 2001.

Comments, protests and interventions may also 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 at http://www.ferc.fed.us/efi/doorbell.htm under the link to the User's Guide. Before you can file comments or interventions you will need to create an account which can be created by clicking on “Login to File” and then “New User Account.”

In addition to involvement in the EA scoping process, you may want to become an official party to the proceeding known as an “intervenor”. Intervenors play a more formal role in the process. Among other things, intervenors have the right to receive copies of case-related Commission documents and filings by other intervenors. Likewise, each intervenor must provide 14 copies of its filings to the Secretary of the Commission and must send a copy of its filings to all other parties on the Commission's service list for this proceeding. If you want to become an intervenor you must file a motion to intervene according to Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.214) (see appendix 2). Only intervenors have the right to seek rehearing of the Commission's decision.

Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your environmental comments considered.

Additional information about the proposed project is available from the Commission's Office of External Affairs at (202) 208-1088 or on the FERC website (www.ferc.fed.us) using the “RIMS” link to information in this docket number. Click on the “RIMS” link, select “Docket #” from the RIMS Menu, and follow the instructions. For assistance with access to RIMS, the RIMS helpline can be reached at (202) 208-2222.

Similarly, the “CIPS” link on the FERC Internet website provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. From the FERC Internet website, click on the “CIPS” link, select “Docket #” from the CIPS menu, and follow the instructions. For assistance with access to CIPS, the CIPS helpline can be reached at (202) 208-2474.

Take notice that the following applications have been filed with the Commission and are available for public inspection:

a. Application Type: Non-Project Use of Project Lands and Waters.

b. Project No: 2210-052, -053, -054, -055, -056, -057, -058, -059, -060, -061, and -064.

c. Date Filed: January 23, 2001 and February 21, 2001 (- 64).

d. Applicant: American Electric Power (AEP).

e. Name of Project: Smith Mountain.

f. Location: The project is located on the Roanoke River, in Bedford, Pittsylvania, Franklin, and Roanoke Counties, Virginia.

g. Filed Pursuant to: Federal Power Act, 16 USC 791(a) 825(r) and §§ 799 and 801.

h. Applicant Contact: Frank M. Simms, Fossil and Hydro Operations, American Electric Power, 1 Riverside Plaza, Columbus, Ohio 43215, (614) 223-2918.

i. FERC Contact: Any questions on this notice should be addressed to Mr. Brian Romanek at (202) 219-3076.

j. Deadline for filing comments and or motions: April 20, 2001.

All documents (original and eight copies) should be filed with: David P. Boergers, Secretary, Federal Energy Regulatory Commission, 888 First Street, N.W., Washington DC 20426. 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 at http://www.ferc.fed.us/efi/doorbell.htm

Please include the specific project number (P-2210-052, -053, -054, -055, -056, -057, -058, -059, -060, -061, or -064) on any comments or motions filed. Use only the project number for which you are making reference.

k. Description of Request: The following applications are filed by American Electric Power for the purpose of obtaining Commission authorization to allow the indicated uses of project lands and waters at the Smith Mountain Project. The described facilities are in various stages of development from fully to partially completed.

P-2210-052—Bass Cove New Properties, located adjacent to the Bass Cove subdivision, located east of Tom Branch Cove off Craddock Creek in Bedford County. As-built, the facility includes eight new covered boat slips added to an existing stationary dock containing 16 covered boat slips.

P-2210-053—Bernard's Landing Comprehensive Property Owners Association facilities, located at the terminus of Route 616 peninsula accessing both the Roanoke and Blackwater Rivers in Franklin County. As-built, the facilities include three new adjacent boathouses with a total of twenty boat slips.

P-2210-054—Blue Ridge Recreation Inc. facilities, located at Bay Roc Marina on the south side of the Roanoke River at its intersection with Route 634 in Franklin County. As-built, the facilities include nine new commercial boat slips and a walkway making a total of 80 boat slips at the site.

P-2210-055—Highland Pointe Condominium Unit facilities, located on a small cove west of Bull Run tributary in Franklin County. As-built, the facilities include a 206 square foot stationary dock.

P-2210-056—J.W. Development, Inc. facilities, located near the end of Craddock Creek (just north of the C-6 Channel marker) in Bedford County. As-built, the facilities include two new boathouses with 24 boat slips each.

P-2210-057—Marina Bay Condo Unit Owners (Edie Greene) facilities, located near the end of little Bull Run in Franklin County. As-built, the facilities include a new stationary dock, floating dock, and a gazebo.

P-2210-058—Marina Bay Condo Unit Owners (Willard Construction Company) facilities, located near the end of little Bull Run in Franklin County. As-built, the facilities include two (2) new boat slips and an existing boathouse with 36 boat slips.

P-2210-059—Ryals-Jordan Inc. facilities, located north of Walton Creek at its confluence with Merriman's Creek (north of the R-21 channel maker) in Bedford County. As-built, the facilities include a new addition to an existing commercial dock that serves the Virginia Dare dinner boat.

P-2210-060—Webster Marine Center, Inc. facilities, located on the Roanoke River northeast of its intersection with Route 122 (Hales Ford Bridge) in Bedford County. As-built, the facilities include three new boat slips added to an existing complex of 41 boat slips.

P-2210-061—Westlake Properties facilities, located on the south side of Indian Creek, east of the Roanoke River in Franklin County. As-built, the facilities include seven sets of docks with six boat slips and two floating docks, one set of four boat slips, and two additional floating docks, one with 46 boat slips and the other with 16 slips.

P-2210-064—Mariner's Landing at the 6th Fairway (J.W. Holdings) located on a small cove off of Craddock Creek in Bedford County. As-built, the facilities include a covered stationary boathouse with 8 boat slips.

l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE, Room 2A, Washington, D.C. 20426, or by calling 202) 208-1371. This filing may be viewed on http://www.ferc.fed.us/online/rims.htm (call (202) 208-2222 for assistance). A copy is also available for inspection and reproduction at the address in item (h) above.

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 CFS 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 particular application.

o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application.

p. Agency comments—Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.

Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:

a. Application Type: Amendment of License.

b. Project No.: 2413-043.

c. Date Filed: January 2, 2001.

d. Applicant: Georgia Power Company.

e. Name of Project: Wallace Dam.

f. Location: The Wallace Dam Project is located on the Oconee River in Putnam, Hancock, Greene, Morgan, Oconee, and Oglethorpe Counties, Georgia. The project does not utilize federal or tribal lands.

g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r)

h. Applicant's Contact: Mike Phillips, Georgia Power Company, 241 Ralph McGill Boulevard NE, Atlanta, GA 30308-3374, (404) 506-2392.

i. FERC Contact: Any questions on this notice should be addressed to Mr. Sean Murphy, e-mail address sean.murphy@ferc.fed.us, or telephone 202-219-2964.

j. Deadline for filing comments, motions, to intervene and protest: 30 days from the issuance date of this notice.

All documents (original and eight copies) should be filed with: David P. Boergers, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426. 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 website at http://www.ferc.fed.us/efi/doorbell.htm.Please include the project number (P-2413-043) on any comments or motions filed.

The Commission's Rules of Practice and Procedure require all interveners filing documents with the Commission to serve a copy of that document on the official service list for the project. Further, if an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, the intervener also must serve a copy of the document on that resource agency.

k. Description of Amendment: Georgia Power Company, licensee for the Wallace Dam Project, requests Commission authorization to permit the City of Greensboro, GA, to increase the rate of water withdrawal at their intake facility from 3.8 cubic feet per second (cfs)1 , 2.45 million gallons per day (MGD), from Lake Oconee, to 3.3 MGC.

l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission's Public Reference room, located at 888 First Street NE, Room 2A, Washington, DC 20426, or by calling (202) 208-1371. This filing may be viewed on http://www.ferc.fed.us/online/rims.htm (call (202) 208-2222 for assistance). A copy is also available for inspection and reproduction at the address in item h, above.

m. 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 subject application.

n. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “RECOM­MENDA­TIONS FOR THE TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the project name and number, “Martin Dam Amendment of License, No. 349-070”. 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. A copy of any motion to intervene must also be served upon the representative of the APC specified in item h, above.

Take notice that the following applications have been filed with the Commission and are available for public inspection.

a. Application Type: Non-Project Use of Project Lands and Waters.

b. Project No: 2210-066.

c. Date Filed: February 21, 2001.

d. Applicant: American Electric Power (AEP).

e. Name of Project: Smith Mountain.

f. Location: The project is located on the Roanoke River, in Bedford, Pittsylvania, Franklin, and Roanoke Counties, Virginia.

g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a) 825(r) and 799 and 801.

h. Applicant Contact: Frank M. Simms, Fossil and Hydro Operations, American Electric Power, 1 Riverside Plaza, Columbus, Ohio 43215, (614) 223-2918.

i. FERC Contact: Any questions on this notice should be addressed to Mr. Brian Romanek at (202) 219-3076.

j. Deadline for filing comments and or motions: April 20, 2001.

All documents (original and eight copies) should be filed with: David P. Boergers, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. 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 at http://www.ferc.fed.us/efi/doorbell.htm

k. Description of Request: Please incude the specific project number (P-2210-066) on any comments or motions filed.

American Electric Power proposes to permit J.W. Development, Inc. to construct 182 boat slips within the project boundary to provide access to the project reservoir for residents of the Mariner's Landing Development located adjacent to but outside of the project boundary and for patrons of a hearby restaurant. The sliips would be constructed at three locations along the shore (138 slips at Michell's Cove, 40 slips at The Pointe, and 4 slips at the 6th Fairway or Mononacan Shores).

l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE, Room 2A, Washington, DC 20426, or by calling (202) 208-1371. This filing may be viewed on http://www.ferc.fed.us/online/rims.htm (call (202) 208-2222 for assistance). A copy is also available for inspection and reproduction at the address in item (h) above.

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 commenets 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 rreceived on or before the specified comment date for the particular application.

o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application

p. Agency Comments—Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.

A technical conference will be held to discuss issues raised in the above-captioned proceedings on Wednesday, April 11, 2001, at 9:30 a.m. in Room 3M3, at the office of the Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426.

All interested persons and Staff are permitted to attend. However, attendance does not confer party status.

For additional information, contact Timothy Gordon at (202) 208-2265.

In this order, the Commission announces certain actions it is taking within its regulatory authorities under the Federal Power Act, the Natural Gas Act, the Natural Gas Policy Act, the Public Utility Regulatory Policies Act, and the Interstate Commerce Act to help increase electric generation supply and delivery in the Western United States,1 in order to protect consumers from supply disruptions. In light of the severe electric energy shortages facing California and other areas of the West in recent months, which are likely to prevail into the foreseeable future, the Commission has examined all of its rate and facility certification authorities in the areas of electric energy, natural gas, hydroelectric and oil to determine how it can help increase electric energy supply.

We have examined both electric supply-side and demand-side actions that need to be taken, as well as how to best assure the input of natural gas needed for electric power production. While our authorities are somewhat limited, we are taking steps to immediately help increase supply from existing power sources and to provide regulatory incentives to build new electric and natural gas infrastructure.2 California's dependence on electric generation and natural gas resources located in other states and the impact that California's energy shortage is having throughout the Western Interconnection underscores the regional, interstate nature of the energy marketplace.

The Commission recognizes that the actions announced here, by themselves, will not solve the electricity crisis facing California and other areas of the West and will not prevent electricity blackouts in the summer of 2001. However, we wish to elicit whatever additional electric supply there is from existing resources and, equally important, to identify and work constructively on medium and longer term solutions, including new infrastructure that can help avert future recurrences of the current electric supply shortage in the West. Of course, our efforts are only a small part of the electric supply picture, since State regulators, not this Commission, have siting authority for electric generation and transmission facilities, as well as for natural gas local distribution facilities. Moreover, State regulators have the most significant authorities to encourage demand reduction measures. Accordingly, as discussed below, the Commission intends to meet with State regulators this spring.

In summary, this order provides for or describes the following actions effective on the date of issuance of this order. Except as specifically noted in the text, these actions expire on December 31, 2001:

• Requires the California ISO and transmission owners within the WSCC to prepare and file a list of grid enhancements that can be completed in the short term.

• Extends and broadens the temporary waivers of operating and efficiency standards, and fuel use requirements, for qualifying facilities through December 31, 2001.

• Waives prior notice requirements and grants authorization of market-based rates, through December 31, 2001, for wholesale power sales from generation used primarily for back-up and self generation and located at businesses within the WSCC.

• Authorizes wholesale customers and retail customers (where permitted under state rules) who reduce consumption to resell their load reduction at wholesale at market-based rates.

• Waves the prior notice requirements for wholesale contract modifications to facilitate demand-side management.

• Where there are cost-based wholesale rates in effect subject to a formula, the Commission will permit DSM costs to be treated consistently with other types of incremental and out-of-pocket costs.

• The Commission has realigned its staff to be able to respond as quickly as possible to applications for new gas pipeline capacity.

• The Commission staff will hold a conference this spring to discuss with hydroelectric licensees, agencies, and others the possibility of increased generation consistent with environmental protection.

• The Commission urges all FERC hydroelectric licensees in the WSCC to immediately examine their projects and propose any efficiency modifications that may increase generation. The licensees should detail to the Commission any environmental impacts, including impacts from changes to discretionary operations, that could occur if there are changes resulting from proposed efficiency modifications.

The Commission seeks comment on the following proposals, which, unless specifically noted otherwise, would apply through December 31, 2001:

• Premiums on equity returns, and 10-year depreciation, for projects that increase transmission capacity in the short term.

• Premiums on equity returns, and 15-year depreciation, for transmission upgrades involving new rights of way that can be in service by November 1, 2002.

• Premiums on equity returns for new interconnection facilities required for new entrants that can be in service by November 1, 2002.

• Allowed revenue recovery for non-capital intensive expenditures made to increase transmission capacity on constrained interfaces.

• Allowing rolling in of interconnection and upgrade costs associated with new supply, rather than directly assigning such costs to the generator.

• Use of the interconnection authority contained in section 210(d) of the Federal Power Act to help alleviate impediments to electric supply reaching load.

• Waiving the blanket certificate regulations to increase the dollar limitations for natural gas facilities under automatic authorization to $10 million and for prior notice authorizations to $30 million.

• Offering blanket certificates for construction or acquisition and operation of portable compressor stations to enhance pipeline capacity to California.

• Offering rate incentives to expedite construction of projects that will make additional capacity available this summer on constrained pipeline systems.

• Allowing for greater operating flexibility at licensed hydrolectric projects to increase generation while protecting environmental resources.

The problems that California and the West have been experiencing with regard to electricity supply/demand imbalances and high market prices result from transmission constraints, generation inadequacy, and inadequate demand-side response. The actions described in this section address those factors.

Our December 15 Order on California electricity issues 3 implemented several immediate measures designed to stabilize the California markets. The elimination of the requirement that the investor-owned utilities (IOUs) sell all of their resources into and buy all of their requirements from the California Power Exchange (CalPX) allowed the IOU's to use their 25,000 MW of generation to serve their load without buying it at spot prices. This, in conjunction with the elimination of the Cal PX's single price auction at bids above $150, terminating the Cal PX's rate schedule entirely as of May 1, 2001, and implementing a 5% bandwidth for scheduling error in the Cal ISO's real time market was intended to provide immediate help.4 Nevertheless, the crisis in California's electricity power supply system continues.5 Stage 3 System Emergencies (declared when operating reserves are below 1.5 percent) have become the order of the day and the threat of rolling blackouts is fast becoming routine. While our December 15 Order eliminated the chronic over-reliance on spot markets to meet the electric needs of 32 million Californians, we are now faced with the hard work of building up the infrastructure of the Western grid.

Our November 1 Order on California electricity matters 6 discussed at considerable length many long term measures which need to be implemented with speed and deliberation in order to restore safe, reliable and economical power to the consumers in the West. As a complement to the vital initiative of increasing generation supply, we focus today on where we believe this commission can have the greatest impact—fostering the installation of critical transmission investment.7 There is little doubt that the supply shortage is real and that we must take bold action. Interconnecting new supply to the bulk power system, upgrading that system to ensure that the new supply can reach load reliably, and eliminating bottlenecks which prevent maximum utilization of existing supply must be accomplished efficiently and expeditiously. With this in mind, we propose herein a package of economic incentives aimed at ensuring the timely completion of upgrades to the Western grid needed to better use existing supply and to accommodate new supply. We also propose that these incentives be implemented by way of a limited Section 205 filing which would not open up existing rates to review.

First, some grid enhancements may be underway or may not require initial siting and acquisition of rights of way, such as reconfiguring or reconducting existing lines or using existing towers for additional circuits. These types of projects offer the greatest potential for improving grid capacity at present constraints in the shortest period of time. We direct the Cal ISO and the transmission owners in the WSCC to prepare and file, for informational purposes, a list of such projects within 30 days of the date of this order. The filing should clearly describe each project, its impact on grid capability as present constraints, the status of state certification if necessary, its cost and a definite completion date.

In order to provide incentives for the construction of such projects at the earliest date possible, we propose to give transmission owners of projects that increase transmission capacity at present constraints and can be in service by July 1, 2001, a cost-based rate reflecting a 300 basis point premium on equity and a 10-year depreciable life. Those that can be in service by November 1, 2001 will receive a cost-based rate reflecting a 200 basis point premium and a 10-year depreciable life. In order for our incentives to have their desired effect as quickly as possible, transmission owners must be given certainty at the outset. Therefore, we propose that, in implementing the equity premium, would use a uniform baseline cost of equity for all jurisdictional transmission providers in the WSCC of 11.5%. This figure is in line with the most recent allowance we have approved for a western utility.8 Accordingly, we proposed that projects which qualify for a 300 basis point premium would be afforded a return on equity of 14.5%.

Second, for system upgrades that involve new rights of way, add significant transfer capability and can be in service by November 1, 2002, we propose to permit transmission owners a cost-based rate reflecting a return of equity of 12.5% (a 100 basis point premium) and a 15-year depreciable life.

Third, we propose that facilities needed to interconnect new supply to the grid which go in service as required to accommodate the in-service date of the new entrant will also be afforded a cost-based rate which reflects a return on equity of 13.5% (a 200 basis point premium) if in service by November 1, 2001 and 12.5% (a 100 basis point premium) if in service by November 1, 2002.

Fourth, to the extent that transmission owners can increase transmission capacity on constrained interfaces without capital intensive expenditures by, for example, installing new technology on existing facilities to better control voltage and power flow or by implementing new operating procedures, we propose to allow them to increase the revenue requirement of their network service rates to ensure that each additional MW of capacity will generate revenues equal to the provider's current firm point-to-point rate.

In an effort to provide the incentives to promote needed infrastructure without economically disadvantaging new supply, we request comment on whether to assign the cost of any interconnection or system upgrade to a particular load or supply or, alternatively, to roll these costs into the average system rate. We recognize that it has been our policy to allow the cost of interconnection and the cost of certain incremental system upgrades to be borne by those loads or supplies on the margin. However, the entire Western Interconnection is in a state of stress and there may soon be no power available at any price. In these circumstances, it is imperative that our pricing policies minimize the cost of entry upon individual entrants.

In an order issued December 8, 2000,9 the Commission granted certain temporary waivers of operating and efficiency standards for Qualifying Facilities (QFs) to allow increased generation. The temporary waivers were to expire January 1, 2001, but were subsequently extended through April 30, 2001.10 Because of the capacity shortages in California and other areas in the West now and in the foreseeable future, we find good cause to extend those temporary waivers through December 31, 2001 and apply them to the entire WSCC.11

In the December 8 Order, we stated that section 292.205(c) of the Commission's regulations allows the Commission to waive any of its operating and efficiency standards for qualifying cogeneration facilities “upon a showing that the facility will produce significant energy savings.” 12 We find that the same factors of serious supply and demand imbalances that supported our waiver in the December 8 Order continue to exist. Therefore, consistent with the goals of PURPA, we find that extending such waiver through December 31, 2001 will provide for improved reliability of electric service by increasing the availability of needed capacity.13 As in the December 8 Order, we will waive the operating and efficiency requirements to allow qualifying cogenerators to sell their output above the level at which they have historically supplied this output to the purchasing utility. A facility's seasonal average output during the two most recent years of operation will define in historical output. We require that all additional output from the cogenerators be sold exclusively through a negotiated bilateral agreement at market-based rates. This arrangement will benefit both parties and help serve load and reserves in California and the WSCC at a time when generation resources are inadequate.

In addition, consistent with our action in the December 8 Order, we will extend through December 31, 2001, the waiver for the qualifying small power production facilities in the WSCC with respect to their fuel use requirements under section 292.204(b) of the Commission's regulations based on the finding that the situation in California and the interconnected WSCC presents evidence of “emergencies, directly affecting the public health, safety, or welfare, which would result from electric power outages”.14 In granting this temporary extension of the waiver, we place the same restriction as detailed above and require that the small power QFs sell their excess production only to load located within the WSCC through negotiated bilateral contracts.

Many businesses have installed generators at their business location to meet a portion of their own demands or to serve as a backstop to their purchase of electricity from the local grid. These generators may provide a ready source of generation capacity during periods when power markets are facing a temporary generation shortage.15 In order to facilitate the use of existing on-site generators to meet demand, the Commission will adopt a streamlined regulatory procedure to accommodate wholesale sales from such facilities that will serve load within the WSCC. For the period beginning with the issuance date of this order through December 31, 2001, owners of generating facilities located at business locations in the WSCC and used primarily for back-up or self-generation, who would become subject to the Federal Power Act by virtue of sales of power from such facilities,16 will be permitted to sell power at wholesale from such facilities to non-affiliated entities within the WSCC without prior notice under section 205 of the FPA. Pursuant to FPA section 205(d), we find good cause to waive the prior notice requirements for such sales. Further, the Commission hereby grants waiver of its regulations consistent with our orders on market-based rates,17 and authorizes market-based rates during the identified time period, subject to the following requirements: The wholesale purchasers of power from such facilities must report to the Commission the names of each such seller from whom power was purchased, the aggregate amount of capacity and/or energy purchased from each seller, and the aggregate compensation paid to each seller.18 To minimize the number of required reports, the purchaser may make one report for all purchases pursuant to this paragraph, and, if it otherwise files quarterly transactions summaries with the Commission, may include this report as a separate section of its transaction summary for the first calendar quarter of 2002. If the purchaser does not otherwise file quarterly transactions summaries, it should file this report with the Commission by April 30, 2002.19

This measure does not abrogate or supersede any existing contracts or obligations, exempt any person from existing environmental, safety, or reliability requirements, authorize the feeding of power into the grid where not otherwise authorized, authorize a retail customer to violate any rules or retail tariff provisions that have been properly imposed on the retail sales made to those customers, or impose new substantive obligations on any person. This measure only streamlines Commission filing requirements for certain actions that are otherwise agreed to among the relevant parties.20

With respect to interconnections necessary to accomplish sales described above, to the extent mutually-agreed upon interconnection agreements become jurisdictional through the use of the interconnection for a jurisdictional sale during the specified period, the Commission waives the prior notice requirement for those agreements for the duration of the interim period. Filing of such jurisdictional interconnection agreements may be postponed and made along with the reports of sales pursuant to the procedures discussed above.

It is widely accepted that dropping even a few megawatts off the system at peak periods is more efficient and economical than the incremental cost of generating them. Demand reduction offers a short-term and cost-effective means to provide additional resources during times of scarcity. Therefore, the Commission will allow, effective on the date of this order, retail customers, as permitted by state laws and regulations, and wholesale customers to reduce consumption for the purpose of reselling their load reduction at wholesale. By providing additional load resources when generating resources are scarce, these “negawatts” should help maintain the reliability of the grid. To stimulate the development of this program, the Commission is granting a blanket authorization to allow these sales at market-based rates. We are granting blanket authorization consistent with our discussion concerning sales from generating facilities located at business locations and used primarily for back-up or self-generation. Consistent with our monitoring of generation sales at market-based rates, the Commission will require that similar information on these transactions be reported on a quarterly basis.21

These transactions are considered wholesale when they involve the sale for resale of energy that would ordinarily be consumed by the reseller. These transactions can occur in several ways. An aggregater can line up retail load to acquire enough negawatts to resell in a manner similar to what aggregaters do when they sell power to retail load under retail choice programs. In addition, wholesale and retail load with contract demand service could resell their contract demands if the value of power is greater than the value of consumption.

Our December 15 Order on California issues directed, as a longer-term measure, that the Cal ISO pursue establishing an integrated day-ahead market in which all demand and supply bids are addressed in our venue.22 We seek comments on the desirability of accelerating action on this.

We realize that states play an important role in regulating retail electric service and that allowing retail load to reduce consumption for resale in wholesale markets raises legal, commercial, technical and regulatory issues. But, given the dire supply situation in California and throughout the WSCC, the Commission is compelled to explore every regulatory opportunity to help the market to operate more efficiently and to help ensure short-term reliability throughout the Western Interconnection. Moreover, safeguards may be needed to protect and enhance retail demand-side management (DSM) programs. Our intention is not to undermine existing state DSM programs or other state rules governing retail sales, but to promote complementary wholesale programs. Therefore, we request comments on how helpful this action is and how well it can be accomplished consistent with state jurisdiction over retail sales.

Related to the section above, there may be opportunities for public utilities to make other types of demand-side arrangements with their wholesale customers. For example, some wholesale requirements customers may have the ability to enter into arrangements with their own retail customers to reduce load or obtain power from an industrial generator. Or, a partial requirements customer may have access to generating capacity on its own system. We want to ensure that public utilities will be able to work with their customers to negotiate mutually beneficial arrangements on short notice. Since time may be of the essence as these opportunities are discovered and negotiated, we find good cause to waive the FPA's prior notice requirement for any rate schedule amendments that may be required to effectuate these types of arrangements. Thus, to the extent a mutually agreeable DSM alternative changes the terms and conditions of a contract within our jurisdiction, we will grant waiver of the filing of prior notice of the change. This measure will be effective upon the date of issuance of this order. By December 31, 2001, the public utility supplier must amend the filed rate schedule. The filing must consist of a report containing the following information: the FERC rate schedule numbers, the loan reduction negotiated under the DSM arrangement (MW/MWh), total compensation, and the name of each affected wholesale customer.23

While most power sales are currently transacted under market-based rates, there are occasions when utilities continue to operate under cost-based rates. Often, these cost-based rates incorporate formulas that are intended to track the actual out-of-pocket (i.e., incremental) cost that was incurred to generate or purchase the energy. During periods of generation shortage, some utilities may be in a position to engage in DSM transactions with their wholesale and retail requirements customers in order to free up capacity for resale to neighboring utilities. These transactions will not take place unless any DSM expenditures can also be recovered under the rate formula, as are all other out-of-pocket costs. However, most rate schedules define out-of-pocket or incremental cost in terms of expenses incurred to generate power, rather than costs incurred to compensate a preexisting customer to reduce load. A few jurisdictional utilities have amended their cost-based pricing formulas to recognize the fact that DSM costs are a form of out-of-pocket or incremental cost.24 In order to eliminate any disincentive to rely on DSM as a source of supply during generation shortages, we clarify that DSM costs should be treated consistently with all other types of incremental and out-of-pocket costs. This measure will be effective upon the date of issuance of this order.

Section 210(d) of the FPA authorizes the Commission, on its own motion, after it follows certain procedures, to issue an order requiring the same actions an applicant may request with respect to interconnections, namely:

(A) the physical connection of any cogeneration facility, any small power production facility, or the transmission facilities of any electric utility, with the facilities of such applicant,

(B) such action as may be necessary to make effective any physical connection described in subparagraph (A), which physical connection is ineffective for any reason, such as inadequate size, poor maintenance, or physical unreliability,

(C) such sale or exchange of electric energy or other coordination, as may be necessary to carry out the purposes of any order under subparagraph (A) or (B), or

(D) such increase in transmission capacity as may be necessary to carry out the purposes of any order under subparagraph (A) or (B).

We seek comments on whether the exercise of the Commission's authority under this section could help alleviate any existing impediments that may be preventing generating resources from reaching load. If the exercise of this authority may be warranted, we seek comments on whether the Commission could make some of the required findings generically for the WSCC region in order for the Commission to respond quickly if appropriate circumstances arise.

This order focuses primarily on short term regulatory actions that this agency can take to improve energy supply conditions in California and throughout the Western Interconnection. Because of the emergency conditions confronting the West, we are proposing interim rate measures to stimulate much-needed investment in transmission and generation infrastructure. However, in the long term, we believe that decisions regarding investment in new electric and gas infrastructure—including appropriate incentives for such investment—should be approached from a regional perspective that recognizes the interstate nature of the wholesale energy marketplace. In Order No. 2000,25 the Commission recognized that many of the economic and reliability issues confronting the electric industry could only to be addressed on a regional basis. The current supply and demand electricity crisis in California is no exception. Any long-term solution to address the crisis and, more importantly, to prevent its recurrence, must be developed on a west wide basis, with appropriate input from all of the affected states. Recent events have demonstrated the regional nature of the electricity markets in the West. Problems of inadequate generation supply and poor demand responsiveness are made worse by localized electric transmission and gas pipeline capacity bottlenecks and by fragmentation of Western market rules. A west wide RTO, or a seamless integration of Western RTOs, is the best vehicle for designing and implementing a long-term regional solution.

An RTO of sufficient scope and regional configuration would foster investment in new generation by providing open and fair transmission access. By eliminating transmission rate “pancaking,” the RTO could provide sellers and buyers throughout the Western Interconnection with additional trading opportunities. These opportunities should help the entry of additional generation supplies. An RTO of sufficient scope and regional configuration would make optimal use of existing transmission through regional congestion management, motivate needed facility expansion, and bring credibility to the sitting process through coordinated regional transmission planning. A west wide RTO could also implement a regional “demand exchange” program to reduce load when supplies are low. Importantly, a west wide RTO could develop uniform market rules that would facilitate regional trade, lower supply costs, and improve reliability.

We take this opportunity to reiterate that the Commission remains committed to the policy course laid out in Order No. 2000. We will continue to work closely with transmission owners, market participants, and affected state utility commissions to encourage the further development of RTOs. We intend to act expeditiously on the compliance filings we have received in order to provide guidance to the industry and certainty to the regional marketplace. Long term market solutions to the supply and demand problems which have confronted California and its neighbors throughout the Western Interconnection will require fully functional RTOs sooner, rather than later.

Natural gas is an important fuel source for electric generators. Recently, there has been a significant escalation in the market price for natural gas. There also are reports of pipeline capacity constraints in moving gas to where it is needed for electric generation. The Commission will do what it can to increase pipeline capacity where appropriate.

The Commission has several types of jurisdiction over new pipeline construction. In general, a natural gas company that wishes to construct and operate new pipeline capacity for the transportation of natural gas in interstate commerce must first obtain a certificate of public convenience and necessity under section 7 of the Natural Gas Act. In addition to its certificate jurisdiction, the Commission has authority, delegated by the Secretary of Energy, over the siting and construction of facilities for the import or export natural gas under Section 3 of the Natural Gas Act as well as authority under Executive Order No. 1045 to issue Presidential Permits for such facilities if they are located at the international border. Authority to construct interstate gas pipeline facilities may also be found in the Commission's regulations implementing Section 311 of the Natural Gas Policy Act of 1978. Under these regulations, facilities to transport gas on behalf of a qualified shipper can be constructed on a self-implementing basis, without prior Commission approval as long as they are constructed in compliance with applicable environmental requirements.

The Commission is continuing to examine its staffing resources and has realigned its environmental expertise in order to ensure that gas infrastructure projects that could serve, directly or indirectly, to increase energy supplies to California and the West are expeditiously processed. Having the hydro and gas environmental staff in the same office has allowed for the assignment of expertise to accommodate gas projects as they are filed. When certain expertise is required to prosecute an application expeditiously, the Commission has the ability to readily bring in, as an example, an individual with knowledge of historic preservation issues. In the last seven months, the Commission has issued certificates for three projects that could benefit the West.26 Several more certificate applications are pending, and the Commission is committed to moving quickly on these projects too.27

Because the traditional process for obtaining a certificate for new construction can be expensive and time consuming for applicants, the Commission has recently adopted a number of methods to expedite the process. For instance, the Commission's regulations offer blanket certificates for eligible facilities. Facilities that are not eligible to be built under a blanket certificate may receive a “preliminary determination” resolving all nonenvironmental issues in the proceeding within 180 days of filing. The Commission also adds to pipeline capacity available for interstate service by issuing certificates of limited jurisdiction when the public interest requires.

In response to the present conditions in California and the West, the Commission has realigned its resources, including its environmental staff, as mentioned above, to allow it to respond as quickly as possible to any applications to construct new capacity. The Commission is actively considering what other actions the Commission may take and is soliciting comments on ways to expedite the approval of pipeline infrastructure needed to serve California and the West.

During this winter, natural gas pipelines, especially in the West, have for the most part been fully utilized. Planned maintenance of pipelines, and concomitant reductions in transmission capacity, usually occur during the spring and summer. The Commission is looking for ways to avoid reduction in the amount of capacity and gas supplies in California and the West during this period. For example, portable compressors may add additional capacity or relieve capacity constraints on pipeline systems this summer.28 We will be receptive to proposals that achieve these goals. We will also be receptive to rate proposals that provide an incentive to expedite construction to add capacity or relieve capacity constraints on pipeline systems this summer.

In considering what actions it could take to expedite further its ability to respond to the present energy crisis in California and the West consistent with its environmental responsibilities, the Commission is also concerned that any actions that it approves should not come at the expense of reducing the quality of service to existing customers.

Of course, some actions the Commission takes to expedite new capacity for gas to serve California and the West may only be effective to the extent there is available local distribution capacity to deliver gas downstream of the interstate pipeline. The availability of sufficient local take-away capacity, however, is a matter that is within the control of the states rather than of this Commission. We ask that the pipelines coordinate their efforts with local distribution companies, public utilities and state officials to ensure that the additional capacity on the interstate pipeline will be able to get to all entities (e.g., LDCs, generators, industrials) that need the gas supply.

Accordingly, the Commission requests the views of interested persons on how it might further exercise its authority over new pipeline construction to alleviate the present crisis. In particular, the Commission solicits the views of interested persons on the following proposals:

(1) Waiving the blanket certificate regulations to increase the dollar limitations for facilities under automatic authorization to $10 million and for prior notice authorizations to $30 million;

(2) Offering blanket certificates for construction or acquisition and operation of portable compressor stations to enhance pipeline capacity to California.

(3) Offering rate incentives to expedite construction of projects that will make additional capacity available this summer on constrained pipeline systems.

The Commissions' current policy of allowing rolled in rates for facilities built under the current blank authorization of $20.6 million or less would continue to apply. However, we request comments on whether blanket authorizations exceeding $20.6 million should also be rolled in.

Hydropower is a critical component of the Western states' generating assets, particularly in the Northwest. While approximately 40 percent of the total capacity in the 11-state WSCC is hydropower based, hydropower accounts for fully 65 percent of the Northwest generation. The Commission regulates 326 projects in the WSCC with a combined total capacity of 24,600 MW. Clearly any action taken to enhance the generation from these projects, consistent with protecting critical environmental resources, can improve the energy picture for the Western states. The current hydrologic conditions, however, are not conducive to maximizing hydropower generation during the summer of 2001.

General practice in the region calls for the coordinated efforts to fill hydropower reservoirs by the beginning of the summer peak electricity season by depending as much as possible on non-hydropower generation resources during the winter off-peak season. In plentiful water years, the Pacific Northwest is able to export hydropower to the southern part of the region during the summer and import fossil-fueled generation during the winter from the south to help meet off-peak loads and allow reservoir storage to refill for the next peak cycle. This coordinated effort has been hampered recently because demands within the Northwest restrict the amount of power available for export, and hydrologic conditions have hampered reservoir replenishment.

Forecasted river flows for spring and summer 2001 indicate below average flows across the Pacific Northwest and California. These predictions are based on past precipitation amounts, existing reservoir and river levels, and forecasted precipitation. Precipitation in the Northwest fell to low levels in November and December 2000, raising concerns about available hydropower. Stream flow conditions likewise fell to low levels in early January. Although the situation has improved recently, particularly in California, some parts of the Pacific Northwest, such as the upper Columbia River region, are still forecasted to have drastically low stream flows.

Where operation of hydroelectric facilities would affect flow-dependent environmental resources, the Commission's licenses have included operating constraints, such as requirements for minimum stream flow, minimum reservoir fluctuation, run-of-river operating mode, ramping rates, and flood control. Such measures serve to protect resources including resident and anadromous fish, water quality, recreation, municipal and industrial water supplies, and agricultural resources. These operating constraints act to reduce the energy production, peaking capacity, and other power benefits of hydropower projects. Granting some relief from these operating constraints would provide power systems with greater flexibility to meet power demands in the West.

Modification of these operational constraints on the currently licensed projects has the potential to increase generation from existing hydroelectric facilities, provide additional power during peak-load periods, and increase the ability of projects to provide ancillary services to the power system. Of the 326 projects licensed by the Commission within the WSCC, 200 have provisions that limit operational flexibility. These 200 projects represent a total capacity of 21,000 megawatts. Greater flexibility in the dispatch of this capacity, consistent with protecting environmental resources, could act at critical times to enhance the reliability of the system.

Modification of these operating constraints, however, would need to be done in a way that balances the generation improvements with protecting the environment. Before making changes to specific project licenses, the Commission would need to work closely with federal and state agencies to ensure that environmental resources, including species listed under the Endangered Species Act, are protected. This is consistent with the President's February 16, 2001 Memorandum to the Secretaries of Defense, Interior, Agriculture, and Commerce and the Administrator of the Environmental Protection Agency, which states:

In addition, Commission review of licensed projects indicates that many hydropower projects are potentially capable of more fully using the available water resources to contribute to the electric capacity and energy needs. Existing projects are capable of improvements in these principal areas: (1) Addition of new capacity units, (2) generator upgrading through rewinding, (3) turbine upgrading through runner replacement, and (4) operational improvements through such means as improving coordination of upstream and downstream plants, increasing hydraulic head, and computerization. The Commission encourages all licensees to immediately examine their projects and propose any efficiency modifications that may contribute to the nation's power supply.

In order to expedite review of particular projects with the potential for increased generation, the Commission staff will hold a conference to discuss with agencies, licensees, and others, methods to address environmental protection at projects while allowing for increased generation. We expect to hold a staff conference as soon as possible this spring. Notice of the location and time of the meeting will be published.

Finally, the Commission seeks comments on ways to allow for greater operating flexibility at Commission-licensed hydropower projects while protecting environmental resources. Comments should consider: (1) Methods for agency involvement, (2) ways to handle and expedite Endangered Species Act consultation, (3) criteria for modifying licenses, and (4) identification of processes that could be implemented to provide efficiency upgrades.

Although oil and oil products are not used significantly for electric generation in the West, there are some generators that rely on such products. The Commission has jurisdiction under the Interstate Commerce Act (ICA) over the rates and charges of pipelines engaged in the transportation of oil and oil products in interstate commerce. The ICA requires that all pipelines charges just and reasonable rates for their service, provide and furnish transport upon reasonable request, and establish reasonable through routes with other carriers. The ICA prohibits pipelines from receiving rebates for service provided or making or giving undue preferences or advantages to shippers.

The Commission has no authority under the ICA to require certificates of public convenience and necessity as a basis for starting operations. That authority rests with local jurisdiction. Since the Commission has no authority over construction of oil pipelines, courts have held that environmental issues are separate from the rate issues over which the Commission has jurisdiction, and the Commission thus has been relieved of any responsibility under the National Environmental Policy Act. The Commission also has no authority over abandonments of service or authority to order extension of lines.

Following enactment of the Energy Policy Act of 1992, the Commission provided an indexing, or a price cap, methodology as a simplified method for oil pipelines to change their rates. The index approach has simplified the filing of rate changes. The Commission in recent years has also concluded that use of the term contracts and differential pricing to allocate risk is permissible under the Interstate Commerce Act to advance a number of innovative pricing proposals. The Commission will explore with oil pipelines other types of innovative proposals that could lead to ensuring an adequate flow of petroleum product into the California market.29

The Commission seeks the views of industry participants, organizations, and state regulatory authorities on the actions and proposals identified herein, and on what other measures the Commission and others could take to assist in improving the supply/demand balance in California and elsewhere in the West.

We request that any comments be submitted to us by March 30, 2001. Such comments should be concise and focused. Interested persons should submit an original and 14 copies of any comments to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, and should reference Docket No. EL01-47-001.

Finally, the Commission intends to hold a one-day conference with state commissions and other state representatives from Western states to discuss price volatility in the West, as well as other FERC-related issues recently identified by the Governors of Western states.30 A Commission notice specifying the details of this conference will be issued in the near future.

(A) The California ISO and the transmission owners in the WSCC are directed to prepare and file in this docket, within 30 days of the date of this order, a list of grid enhancements that could be made in the short term.

(B) Temporary waivers of certain operating and efficiency standards and fuel use requirements for qualifying facilities are granted to such facilities located in the WSCC through December 31, 2001, as discussed in the body of this order.

(C) For entities in the WSCC meeting the qualifications for on-site or back-up generation, and entities reducing load for resale, as discussed in the body of this order, and who satisfy the reporting requirements discussed herein, the following advance waivers and authorizations are hereby granted for the period beginning the date of this order through December 31, 2001:

(1) The prior notice requirement of section 205 of the Federal Power Act is hereby waived.

(2) Waiver is hereby granted for Parts 35, 41, 101, and 141 of the Commission's regulations.

(3) Authorization is hereby granted to issue securities and assume obligations and liabilities, provided that such issue or assumption is for some lawful object within the corporate purposes of the eligible entities, compatible with the public interest, and reasonably necessary or appropriate for such purposes.

(4) The full requirements of Part 45 of the Commission's regulations, except as noted, are hereby waived with respect to any person now holding or who may hold an otherwise proscribed interlocking directorate involving any eligible entity. Any such person instead shall file a sworn application providing the following information:

(a) full name and business address; and

(b) all jurisdictional interlocks, identifying the affected companies and the positions held by that person.

(D) The prior notice requirement for rate schedule changes to accommodate demand side management, as discussed in the body of this order, is hereby waived, conditioned on the public utility complying with the filing requirements set forth herein.

Clearly the Commission should do whatever we can to help alleviate the continuing market crisis in the western states. This order is a very limited attempt to do so, but it makes errors of omission and commission from which I must dissent.

Let me first focus on the error of omission, or as I see it, “ignoring the elephant in the living room.” Today's order focuses on quick fixes to help narrow somewhat the gap between supply and demand in the west. I do not believe any of my colleagues seriously believes these measures will close that gap substantially. The California ISO projects deficiencies of up to 6,800 Mws for this summer. And I think that it is generally agreed that demand in California and elsewhere in the west is not responsive enough to prices. The Commission has previously found that the dysfunctional market in California is not producing just and reasonable prices. Addressing these problems is a long term endeavor. Unfortunately, market participants are forced to purchase in today's markets, and at prices that are arguably unlawful.

Last summer in our NSTAR and New York ISO orders, we found that these conditions—supply shortages and a lack of demand responsiveness—prevented these northeastern electricity markets from operating as typical competitive markets and that price mitigation was needed.1 Yet today's order fails to address price relief in the short term for consumers in the western part of our nation where the same conditions exist and are much worse.

I am very concerned with the economic effects the current market meltdown is having. An article in yesterday's Wall Street Journal reported that the current western energy crisis could cut disposable household income by $1.7 billion and cost 43,000 jobs over the next three years in Washington state alone. Some fear that it could tip the region into a recession. Moreover, the current volatile and high prices, which will be worse by magnitudes this coming summer, are devastating consumer and investor confidence in a market based approach to electricity regulation. Over the past three months, I have attended and spoken at two separate conferences sponsored by the Western Governors Association dealing with these issues. Scores of market participants and western public officials spoke passionately and eloquently about the nature of the problems they face. Certainly the issue of supply is a big problem that must be addressed, but so is the issue of price. Without protection, there is huge concern about what the summer will bring in terms of high prices and volatility. If the west experiences another summer like the last, I fear for the future viability of this agency's policy favoring wholesale competition. The political viability of a market based approach for electricity may suffer irreparably.

Thus, this order should have established an investigation under section 206 of the Federal Power Act into the appropriateness of effective price mitigation until the longer term solutions are in place and the markets operate normally. This investigation would assess, through comments, whether conditions in the western interconnection are preventing competitive market operation, how long those conditions are expected to last, and what the Commission can do to provide immediate price mitigation to ensure that prices are just and reasonable. We would also inquire about how any mitigation measures should be applied and how long they should last. A specific sunset provision is important to maintain investor confidence that price mitigation is temporary and imposed only to deal with a poorly functioning market and to provide an incentive to ensure that the market problems are addressed expeditiously.

And finally, a section 206 investigation into wholesale electricity prices in the western interconnection would set a refund effective date 60 days hence so that the Commission can protect consumers if our investigation finds that prices are not just and reasonable.

I attach the utmost importance to initiating such an investigation. I dissent from this order for its failure to do so.

Having said that, I support many of the measures that today's order puts in place immediately, such as: extending and broadening temporary waivers of QF standards; facilitating market based rate authority for sales from back up and self generation at business locations; authorizing customers to “sell” load reduction at wholesale and at market based rates; facilitating wholesale contract changes to allow demand side management and facilitating demand side cost recovery in wholesale contracts. Many of these same actions were authorized by the Commission last year in our May 2000 reliability initiative. They were good ideas last year and they are good ideas now.

Beyond those measures, I have strong reservations about the proposed premium on equity returns for certain transmission and interconnection facilities. Some of these proposals could result in a 14.5% return on equity. There is no particular rationale for that level of return other than to simply throw money at the problem. Moreover, the Commission was very careful just a little over a year ago in Order No. 2000 to limit such incentive rate treatments to RTO participation. The premiums offered here are done so outside of the RTO context. I therefore must dissent from this order's proposal on equity premiums.

I also have concerns with the hydro provisions of this order. The Commission urges all WSCC hydropower licenses to examine their projects for the purpose of reporting possible efficiency modifications that could result in increased generation and to identify any environmental impacts that could occur if the efficiency changes are made. The primary focus of my concern relates to the notion that the Commission might urge licensees to unilaterally modify discretionary operations to increase electricity generation, without taking adequate responsibility for any environmental downside associated with such a decision. Healthy fisheries in California and the west are not a frill, but an integral part of the region's economy.

There is already great concern about these facilities. For example:

• The Columbia River and most of its tributaries are draining an abnormal amount of rain, providing concern that there will not be nearly enough water to allow juvenile salmon to reach the ocean. Reservoirs across western Washington, most notably on the Cowlitz River, are down to some of the lowest levels since dams were constructed in the 1960's.

• The 717 foot high Dworshak Dam which contains one of the most critical storage reservoir in the West, is a half-million acre feet short of water. The 54 mile reservoir is nearly 50 feet lower than normal. This facility is critical to the survival of the endangered chinook salmon. So far, almost 200,000 acre feet of water have been diverted from Dworshak.

For the above reasons, I will dissent in part to today's order.

The Federal Communications Commission (FCC) has received Office of Management and Budget (OMB) approval for the following public information collections pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13. 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 control number. For further information contact Shoko B. Hair, Federal Communications Commission, (202) 418-1379.

OMB Control No.: 3060-0056.

Expiration Date: 09/30/2001.

Title: Part 68—Connection of Terminal Equipment to the Telephone Network.

Form No.: FCC Form 730.

Respondents: Business or other for-profit; Individuals or household.

Estimated Annual Burden: 54,369 respondents; .5 minutes—20 hours per respondent; 2.2 hours per response (avg.); 120,459 total annual burden hours.

Estimated Annual Reporting and Recordkeeping Cost Burden: $2,705,000.

Frequency of Response: On occasion; Recordkeeping; Third Party Disclosure.

Description: In the Telecommunications Act of 1996 (1996 Act), Congress directed the Commission to review its rules every even-numbered year and repeal or modify those found to be no longer in the public interest. Consistent with the directive of Congress, in the year 2000, the Commission undertook its second comprehensive biennial review of the Commission's rules to eliminate regulations that are no longer necessary because the public interest can be better served through reliance on market forces. In a Report and Order issued in CC Docket No. 99-216, Biennial Regulatory Review of Part 68 of the Commission's Rules and Regulations, released December 21, 2000 (Order), the Commission completely eliminate significant portions of Part 68 of our rules governing the connection of customer premises equipment (terminal equipment) to the public switched telephone network and privatize the standards development and terminal equipment approval processes. Specifically, in the Commission transferred responsibility for developing technical criteria to Standards Development Organizations (SDOs) that are accredited by the American National Standards Institute (ANSI), and the responsibility for compiling and publishing all standards ultimately adopted as technical criteria for terminal equipment to the Administrative Council for Terminal Attachments (Administrative Council). The Commission maintains its rules' broad principles, including a proscription against causing any of four harms to the public switched telephone network by the direct connection of terminal equipment. Once the Administrative Council publishes the technical criteria, the Commission shall presume the criteria to be valid for the prevention of the harms to the public switched telephone network by terminal equipment interconnection, subject to de novo review by petition to this Commission. Conformance with the technical criteria will be considered a demonstration of compliance with the Commission's rules prohibiting terminal equipment from harming the public switched telephone network. Terminal equipment manufacturers either will submit their products to telecommunications certification bodies (TCBs) for certification of conformity with the technical criteria (instead of submitting them for registration with the Commission), or they will use the Commission's Supplier's Declaration of Conformity (SDoC) process to show conformity with the technical criteria. This process will be more efficient and responsive to the needs of all segments of the industry, and remove the Commission from role where governmental involvement is no longer necessary or in the public interest. Following is a summary of the collections contained in the Order and 47 CFR part 68. See the Order and 47 CFR part 68 for additional information.

a. FCC Form 730 and associated requirements—Currently, under rule 68.102 manufacturers must register terminal equipment. FCC Form 730 is used to obtain registration of telephone equipment pursuant to part 68 of the Commission's rules. In addition to filing the form, applicants are required to submit exhibits and other informational showings specified by part 68.

The Commission will cease accepting applications for registration of part 68 equipment and transfer responsibility for establishing and maintaining the database of approved equipment to the Administrative Council when the Council publishes the technical criteria as required by the Order. While continued use of the FCC Form 730 is permitted, the Commission only requires that the database contain sufficient information for providers of telecommunications, this Commission and the U.S. Customs Service to carry out their functions. (No. of respondents: 2400; hours per response: 24 hours; total annual burden: 57,600 hours).

b. Section 68.105, Minimum Point of Entry and Demarcation Point—Pursuant to Section 68.105, at the time of installation, providers of wireline telecommunications must fully inform the premise owner of its options and rights regarding the placement of the demarcation point or points. The provider of wireline telecommunications services must make available information on the location of the demarcation point within ten business days of a request from the premises owners. (No. of respondents: 50,000; hours per response: .05 hours; total annual burden: 2500 hours).

c. Section 68.106—Notification to Provider of Wireline Telecommunications—Section 68.106 requires customers connecting terminal equipment or protective circuitry to the public switched telephone network shall, upon request of the provider of wireline telecommunications inform the provider of wireline telecommunications of the particular line(s) to which such connection is made, and any other information required to be placed on that terminal equipment pursuant to Section 68.354. Customers connecting systems assembled of combinations of individually-approved terminal equipment and protective circuitry shall provide, upon the request of the provider of wireline telecommunications, provide the information delineated in Section 68.106(b)(i)-(iv). Customers who intend to connect premises wiring other than fully protected premises wiring to the public switched telephone network shall, in addition to the requirements in Section 68.106(b), give notice to the provider of wireline telecommunications in accordance with Section 68.215(e). (No. of respondents: 50,000; hours per response: .05 hours; total annual burden: 2500 hours).

d. Section 68.108, Notification of Incidence of Harm—Section 68.108 requires that providers of wireline telecommunications notify the customer that temporary discontinuance of service may be required should terminal equipment, inside wiring, plugs and jacks, or protective circuitry cause harm to the public switched telephone network or should the provider reasonably determine that such harm is imminent. (No. of respondents: 7500; hours per response: 0.5 hours; total annual burden: 750 hours).

e. Section 68.110, Disclosure of Technical Information—Section 68.110(a) requires provider of wireline telecommunications to provide, upon request, technical information concerning interface parameters not specified by the technical criteria published by the Administrative Council for Terminal Attachments that are needed to permit terminal equipment to operate in a manner compatible with the communications facilities of a provider of wireline telecommunications. Section 68.110(b) requires that a provider of wireline telecommunications give the customer adequate notice in writing if changes can be reasonably expected to render any customer's terminal equipment incompatible with the communications facilities of the provider of wireline telecommunications, or require modification or alteration of such terminal equipment, or otherwise materially affect its use or performance. (No. of respondents: 40; hours per response: .50 hours; total annual burden: 20 hours). Section 68.110(c) requires provider of wireline telecommunications to provide building owners with all available information regarding carrier-installed wiring on the customer's side of the demarcation point, including copies of existing schematic diagrams and service records. (No. of respondents: 200, with 1200 responses; hours per response: 1 hours; total annual burden: 1200 hours).

f. Section 68.215, Notarized Affidavit—Section 68.215 requires that a notarized affidavit and one copy thereof be prepared by the installation supervisor in advance of each operation associated with the installation, connection, reconfiguration and removal of other than fully-protected premises wiring (except when accomplished functionally using a cross-connect panel), except when involved with removal of the entire premises communications systems using such wiring. The affidavit and its copy must contain the information specified in 47 CFR 68.215(e)(1)-(9). (No. of respondents: 7500; hours per response: .50 hours; total annual burden: 3750 hours).

g. Section 68.218, Compliance Warrants—Section 68.218 requires that the responsible party warrants that each unit of equipment marketed under such authorization will comply with all applicable rules and regulations of Part 68 and with the applicable technical criteria of the Administrative Council for Terminal Attachments. (No. of respondents: 974, with 2350 responses; hours per response: .5 hours; total annual burden: 1175 hours).

h. Section 68.324, Supplier's Declaration of Conformity—Section 68.324(a)(1)-(6) lists the information that each responsible party must include in the Supplier's Declaration of Conformity.(No. of respondents: 974, with 2350 responses; hour per response: 20 hours; total annual burden: 47,000 hours).

i. Section 68.326, Retention of Records—Section 68.326 requires that responsible party for a Supplier's Declaration of Conformity maintains records containing the information specified in Section 68.326(a)(1)-(4) for at least ten years after the manufacture of said equipment has been permanently discontinued, or until the conclusion of an investigation or a proceeding, if the responsible party is officially notified prior to the expiration of such ten year period that an investigation or any other administrative proceeding involving its equipment has been instituted, whichever is later. See 47 CFR 68.326. (No. of respondents: 974, with 2350 responses; hours per response: .5 hours; total annual burden: 1175 hours).

j. Section 68.346, Description of Testing Facilities—Section 68.346 requires that each responsible party for equipment that is subject to a Supplier's Declaration of Conformity compiles and retains a description of the measurement facilities employed for testing the equipment. The description shall contain the information required by the Administrative Council for Terminal Attachments. See 47 CFR section 68.346. (No. of respondents: 974, with 2350 responses; hours per response: .25 hours; total annual burden: 587 hours).

k. Section 68.354, Numbering and Labeling Requirements—Section 68.354 requires that terminal equipment and protective circuitry that is subject to a Supplier's Declaration of Conformity or that is certified by a Telecommunications Certification Body have labels in a place and manner required by the Administrative Council for Terminal Attachments. Terminal equipment labels shall include an identification numbering system in a manner required by the Administrative Council for Terminal Attachments. FCC numbering and labeling requirements existing prior to the effective date of these rules shall remain unchanged until the Administrative Council for Terminal Attachments publishes its numbering and labeling requirements. See 47 CFR 68.354. See also 47 CFR 68.612. (No. of respondents: 974, with 2350 responses: .25 hours; total annual burden: 587 hours).

l. Sections 68.400-68.417, Complaints. A complaint must be in writing and contain the information specified in Section 68.400(a)-(d). (No. of respondents: 5; hours per response: 20 hours; total annual burden: 20 hours).

m. Section 68.418, Designation of Agents for Service—Pursuant to Section 68.418, every responsible party of equipment approved pursuant to Part 68 must designate and identify one or more agents upon whom service may be made of all notices, inquiries, orders, decisions, and other pronouncements of the Commission in any matter before the Commission. See 47 CFR Section 68.418. (No. of respondents: 974, with 2350 responses: hours per response: .1 hour; total annual burden: 235 hours).

n. Section 68.419, Answers to Informal complaints—Section 68.419 requires that any responsible party to whom the Commission or the Consumer Information Bureau directs an informal complaint file an answer within the time specified by the Commission or the Consumer Information Bureau, as required by in Section 68.419(a)-(e). (No. of respondents: 5; hours per response: 20 hours; total annual burden: 100 hours).

o. Section 68.604, Requirements for submitting technical criteria—Any SDO that submits standards to the Administrative Council for Terminal Attachments for publication as technical criteria shall certify to the Administrative Council for Terminal Attachments the information found in Section 68.604(c)(1)-(3). See 47 CFR Section 68.604. (No. of respondents: 5, with 10 responses; hours per burden: 5 hours; total annual burden: 5 hours).

p. Section 68.610, Database of Terminal Equipment—Section 68.610 requires that the Administrative Council for Terminal Attachments operates and maintains a database of all approved terminal equipment. (No. of respondents: 974, with 2350 responses; hours per response: .5 hours; total annual burden: 1175 hours). To ensure that consumers, providers of telecommunications, the Administrative Council, TCBs, and the Commission are able to trace products to the party responsible for placing terminal equipment on the market, it is essential to require manufacturers and suppliers to provide the information specified in the Order and 47 CFR Part 68.

Public reporting burden for the collection of information is as noted above. Send comments regarding the burden estimate or any other aspect of the collections of information, including suggestions for reducing the burden to Performance Evaluation and Records Management, Washington, DC 20554.

Petitions for Reconsideration have been filed in the Commission's rulemaking proceeding listed in this Public Notice and published pursuant to 47 CFR section 1.429(e). The full text of these documents are available for viewing and copying in Room CY-A257, 445 12th Street, S.W., Washington, D.C. or may be purchased from the Commission's copy contractor, ITS, Inc. (202) 857-3800. Oppositions to these petitions must be filed by April 15, 2001. See section 1.4(b)(1) of the Commission's rules (47 CFR 1.4(b)(1)). Replies to an opposition must be filed within 10 days after the time for filing oppositions have expired.

Pursuant to the provisions of the “Government in the Sunshine Act” (5 U.S.C. 552b), notice is hereby given that the Federal Deposit Insurance Corporation's Board of Directors will meet in open session at 2:00 p.m. on Monday, March 26, 2001, to consider the following matters:

The meeting will be held in the Board Room on the sixth floor of the FDIC Building located at 550 17th Street, NW., Washington, DC.

The FDIC will provide attendees with auxiliary aids (e.g., sign language interpretation) required for this meeting. Those attendees needing such assistance should call (202) 416-2089 (Voice); (202) 416-2007 (TTY), to make necessary arrangements.

Requests for further information concerning the meeting may be directed to Mr. Robert E. Feldman, Executive Secretary of the Corporation, at (202) 898-6757.

The Commission hereby gives notice of the filing of the following agreement(s) under the Shipping Act of 1984. Interested parties can review or obtain copies of agreements at the Washington, DC offices of the Commission, 800 North Capitol Street, NW., Room 940. Interested parties may submit comments on an agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within 10 days of the date this notice appears in the Federal Register.

Agreement No.: 011752.

Title: Atlantsskip ehf/Samskip hf Space Charter Agreement.

Parties: Atlantsskip ehf. Samskip hf.

Synopsis: The proposed agreement authorizes Atlantsskip to provide Samskip with space on its vessels for sailings between Iceland and certain U.S. Atlantic coast ports. Samskip will provide Atlantsskip with certain inland services in Norfolk, Virginia.

Agreement No.: 011753.

Title: HUAL/HMM Space Charter Agreement.

Parties: HUAL A/S. Hyundai Merchant Marine Co., Ltd.

Synopsis: The proposed agreement authorizes the parties to charter space for rolling stock to each other on as “as-needed/as available” basis in the trade from the Republic of Korea to the U.S. Atlantic, Gulf and Pacific coasts.

Agreement No.: 011754.

Title: King Ocean/SOL Y Mar Slot Exchange Agreement.

Parties: King Ocean Central America S.A. Sol Y Mar.

Synopsis: The proposed agreement establishes a space charter and sailing agreement in the trade between the U.S. North Atlantic and Guatemala and Honduras. The parties have requested expedited review.

The Federal Maritime Commission hereby gives notice that the following ocean transportation intermediary licenses have been revoked pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. app. 1718) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, effective on the corresponding dates shown below:

License Number: 4601.

Name: Advanced Cargo Services Corp.

Address: 333 N. Marine Ave., Wilmington, CA 90744.

Date Revoked: February 15, 2001.

Reason: Failed to maintain a valid bond.

License Number: 3262N.

Name: GES Logistics, Inc.

Address: 235 E. Broadway, Suite 406, Long Beach, CA 90802.

Date Revoked: February 21, 2001.

Reason: Failed to maintain a valid bond.

License Number: 3550F.

Name: Seair Export Import Services, Inc.

Address: 10480 NW South River Drive, Medley, FL 33178.

Date Revoked: February 9, 2001.

Reason: Failed to maintain a valid bond.

License Number: 4541F.

Name: Southeast Logistics International, Inc.

Address: 122 Agape Street, Williamson, GA 30292.

Date Revoked: February 9, 2001.

Reason: Failed to maintain a valid bond.

License Number: 16476NF.

Name: Transportation Logistics Int'l., Inc.

Address: 811 Route 33, Freehold, NJ 07728

Date Revoked: February 22, 2001.

Reason: Failed to maintain valid bonds.

Notice is hereby given that the following Ocean Transportation Intermediary license has been reissued by the Federal Maritime Commission pursuant to section 19 of the Shipping Act of 1984, as amended by the Ocean Shipping Reform Act of 1998 (46 U.S.C. app. 1718) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR part 515.

The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/nic/.

Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 13, 2001.

Federal Reserve Bank of Chicago (Phillip Jackson, Applications Officer) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

1. Peotone Bancorp, Inc., Peotone, Illinois; to acquire 20.62 percent of the voting shares of SouthwestUSA Corporation, Las Vegas, Nevada, and thereby indirectly acquire SouthwestUSA Bank, Las Vegas, Nevada.

This notice is published in accordance with section 9 (a) (2) of the Federal Advisory Committee Act (Pub. L. 92-463), 5 U.S.C. App. (1988). Following consultation with the General Services Administration, notice is hereby given that the Secretary of the Interior is reestablishing the Advisory Committee on Water Information (ACWI). OMB Memorandum 92-01 dated December 10, 1991, designated the U.S. Geological Survey (USGS) as the lead agency for the Water Information Coordination Program (WICP) and also designated all other Federal organizations using water resources information to assist the USGS in ensuring the implementatin of an effective WICP.

The purpose of the Committee is to represent the interests of water-information users and professionals in advising the Federal Government on Federal water-information programs and their effectiveness in meeting the Nation's water-information needs. Member organizations will help to foster communications between the Federal and non-Federal sectors on sharing water information.

Membership represents a wide range of water resources interests and functions. Representation of the ACWI includes all levels of government—Tribes, public interest groups, academia, private industry, non-profit and professional organizations. Member organizations designate their representatives and alternatives. Membership is limited to a maximum of 35 organizations.

The Committee will function solely as an advisory body, and in compliance with the provisions of the Federal Advisory Committee Act. The Charter will be filed under the Act, 15 days from the date of publication of this notice.

Further information regarding the ACWI may be obtained from the Director, USGS, Department of the Interior, 12201 Sunrise Valley Drive, Reston, Virginia 20192. Certification of reestablishment is published below.

I hereby certify that the reestablishment of the Advisory Committee on Water Information is necessary and in the public interest in connection with the performance of duties by the Department of the Interior mandated pursuant to the OMB Memorandum 92-01.

(1) Number of forms submitted: 4

(2) Title of form: Questionnaire for U.S. Producers of Worsted Wool Fabrics; Questionnaire for U.S. Purchasers of Worsted Wool Fabrics; Questionnaire for U.S. Importers of Worsted Wool Fabrics; Questionnaire for U.S. Producers and Purchasers of Combed Wool Yarn.

(3) Type of request: new

(4) Frequency of use: Two annual data collections, scheduled for 2001 and 2002.

(5) Description of respondents: U.S. producers, purchasers, and importers of worsted wool fabrics, and U.S. producers and purchasers of combed wool yarn.

(6) Estimated number of respondents: 79 (producers, purchasers, and importers)

(7) Estimated total number of hours to complete the forms: 1,700 hours

(8) Information obtained from the form that qualifies as confidential business information will be so treated by the Commission and not disclosed in a manner that would reveal the individual operations of a firm.

Copies of the forms and supporting documents may be obtained from Kim Freund (202-708-5402; kfreund@usitc.gov) of the Office of Industries. Comments about the proposals should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Room 10102 (Docket Library), Washington, DC 20503, ATTENTION: Docket Librarian. All comments should be specific, indicating which part of the questionnaire is objectionable, describing the concern in detail, and including specific suggested revisions or language changes. Copies of any comments should be provided to Robert Rogowsky, Director, Office of Operations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, who is the Commission's designated Senior Official under the Paperwork Reduction Act.

Hearing impaired individuals are advised that information on this matter can be obtained by contacting our TDD terminal (telephone No. 202-205-1810). General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

The Department of Justice, Office of Justice Programs, Drug Courts Program Office, has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. This proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for “sixty days” until May 21, 2001.

Written comments and suggestions from the public and affected agencies concerning the proposed collection of information should address one or more of the following four points:

(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility;

(2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to be collected; and

(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please contact Marilyn M. Roberts, Director Drug Courts Program Office, 202-514-6452, Office of Justice Programs, U.S. Department of Justice, 810 Seventh Street, NW., Washington, DC 20531 or via facsimile at (202) 514-6452.

(1) Type of information collection: Revision of currently approved collection.

(2) The title of the form/collection: Drug Court Grantee Data Collection Survey

(3) The agency form number, if any, and the applicable component of the Department sponsoring the collection: none. Drug Courts Program Office, Office of Justice Programs, U.S. Department of Justice.

(4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Federal Government, State, Local or Tribal. Other: None.

This survey will assist in the national evaluation of drug courts. The data to be collected will assist in determining the effectiveness of these grants and the information will be shared with the drug court field to improve program quality.

(5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that 300 respondents wil complete a .75 to 1.25 hour survey semi-annually.

(6) An estimate of the total public burden (in hours) associated with the collection: An estimate of the total public burden hours associated with the collection is 450-750 annual burden hours.

If additional information is required contact: Mrs. Brenda E. Dyer, Deputy Clearance Officer, United States Department of Justice, Information Management and Security Staff, Justice Management Division, National Place, Suite 1220, 1331 Pennsylvania Avenue, NW., Washington, DC 20530.

The Department of Justice, Office of Justice Programs, Office for Victims of Crime, has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. This proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for “sixty days” until May 21, 2001.

Written comments and suggestions from the public and affected agencies concerning the proposed collection of information should address one or more of the following four points:

(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility;

(2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to be collected; and

(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please contact Toni Thomas, 202-616-3579, Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice, 810 Seventh Street, NW., Washington, DC 20531.

(1) Type of information collection: Revision of a currently approved collection.

(2) The title of the form/collection: Victims of Crime Act, Victim Compensation Grant Program, State Performance Report.

(3) The agency form number, if any, and the applicable component of the Department sponsoring the collection: The form number is OJP Admin Form 7390/6. Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice.

(4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: State government. Other: None.

The Victims of Crime Act as amended and the Program Guidelines require each state crime victim compensation program to submit an annual Performance Report. Information received from each program is aggregated to form the basis of the OVC Director's report to the President and Congress on the effectiveness of the activities supported with Victims of Crime Act Funds.

(5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that 53 respondents will complete the annual report in 2 hours.

(6) An estimate of the total public burden (in hours) associated with the collection: The estimated total burden hours associated with this collection is 106 annual burden hours.

If additional information is required contact: Mrs. Brenda E. Dyer, Deputy Clearance Officer, United States Department of Justice, Information Management and Security Staff, Justice Management Division, National Place, Suite 1220, 1331 Pennsylvania Avenue, NW., Washington, DC 20530.

The Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. This proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted until May 21, 2001.

If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Michael Rand, (202) 616-3494, Bureau of Justice Statistics, Office of Justice Statistics, U.S. Department of Justice, 810 7th Street, NW., Washington, DC 20531.

Written comments and suggestions from the public and affected agencies concerning the proposed collection of information should address one or more of the following four points:

(1) Evaluate whether the proposed collection of information is necessary for proper performance of the functions of the agency/component, including whether the information will have practical utility;

(2) Evaluate the accuracy of the agency's/component's estimate of the burden of the collection of information including the validity of the methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to be collected; and

(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

(1) Type of information collection: New Collection.

(2) The title of the form/collection: The Victimization of People With Disabilities Study.

(3) The agency form number, if any, and the applicable component of the department sponsoring the collection: Forms: CDER-1A, CDER-2A, CDER-1B, CDER-2B.

(4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals. Other: None. The Victimization of People With Disabilities Study will interview approximately 200 persons with developmental disabilities, age 12 or older, using existing questionnaires and modified questionnaires to test suitability of the standard and modified questionnaires for a population of developmentally disabled individuals. Additionally, this test will evaluate U.S. Bureau of the Census interviewer training program for collecting victimization data from persons with disabilities.

(5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that a total of 300 respondents will respond to a 1 hour interview.

(6) An estimate of the total public burden (in hours) associated with the collection: The estimated burden hours associated with this collection is 180 hours.

If additional information is required, contact: Mrs. Brenda E. Dyer, Deputy Clearance Officer, United States Department of Justice, Information Management and Security Staff, Justice Management Division, National Place, Suite 1220, 1331 Pennsylvania Avenue NW., Washington, D.C. 20530.

The Department of Labor (DOL) has submitted the following public information collection requests (ICRs) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.c. chapter 35. A copy of each individual ICR, with applicable supporting documentation, may be obtained by calling the Department of Labor. To obtain documentation contact Darrin King at (202) 693-4129 or E-mail to King-Darrin@dol.gov.

Comments should be sent to the Office of Information and Regulatory Affairs: Attn: OMB Desk Office for OSHA, Office of Management and Budget, Room 10235, Washington, DC 20503 ((202) 395-7316), on or before April 20, 2001.

The OMB is particularly interested in comments which:

• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

• Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

• Enhance the quality, utility, and clarity of the information to be collected; and

• Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

Type of Review: Extension of a currently approved collection.

Agency: Occupational Safety and Health Administration (OSHA).

Title: Dipping and Coating Operations (Dip Tanks).

OMB Number: 1218-0237.

Affected Public: Business or other for-profit; Not-for-profit institutions; Federal Government; and State, Local or Tribal Government.

Frequency: On occasion.

Number of Respondents: 0.

Number of Annual Responses: 0.

Estimated Time Per Response: 0.

Total Burden Hours: 1.

Total Annulized Capital/Startup Costs: $0.

Total Annual Costs (operating/maintaining systems or purchasing services):: $0.

Description: 29 CFR 1910.126(g)(4) requires employers to determine the minimum safe distance (i.e., twice the sparking distance) that employees must maintain between equipment undergoing electrostatic detearing and the electrodes or conductors of the equipment used in the detearing process. Employers must conspicuously display the minimum safe distance on a sign located near this equipment.

Type of Review: Extension of a currently approved collection.

Agency: Occupational Safety and Health Administration (OSHA).

Title: Portable Fire Extinguishers, Annual Maintenance Certification Record.

OMB Number: 1218-0238.

Affected Public: Business or other for-profit; Not-for-profit institutions; Federal Government; and State, Local or Tribal Government.

Frequency: Annually.

Number of Respondents: 132,000.

Number of Annual Responses: 132,000.

Estimated Time Per Response: 30 minutes.

Total Burden Hours: 66,000.

Total Annulized Capital/Startup Costs: $0.

Total Annual Costs (operating/maintaining systems or purchasing services):: $19,008,000.

Description: 29 CFR 1910.157(e)(3) requires employers to annually inspect portable fire extinguisher for normal operation; record the maintenance date; maintain the maintenance record for one year after the last entry or for the life of the shell, whichever is less; and make the record available to the Assistant Secretary upon request.

In accordance with section 223 of the Trade Act of 1974 (19 USC 2273) the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on August 17, 1999 applicable to workers of Adflex Solutions, Incorporated, Chandler, Arizona. The notice was published in the Federal Register on September 29, 1999 (64 FR 52540).

At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in employment related to the production of flexible circuits. New findings show that in September, 1999, Innovex, Incorporated purchased Adflex Solutions, Incorporated and became know as Innovex. Findings also show that workers separated from employment at the subject firm have their wages reported under a separate unemployment insurance (UI) tax account for Innovex.

Accordingly, the Department is amending the certification to correctly identify the new title name to read Adflex Solutions, Incorporated now known as Innovex, Chandler, Arizona.

The intent of the Department's certification is to include all workers of Adflex Solutions, Incorporated adversely affected by increased imports.

The intent of the Department's certification is to include all workers of Adflex Solutions, Incorporated adversely affected by increased imports.

The amended notice applicable to TA-W-36, 526 is hereby issued as follows:

Petitions have been filed with the Secretary of Labor under section 221(a) of the Trade Act of 1974 (“the Act”) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to section 221(a) of the Act.

The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved.

The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than April 2, 2001.

Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than April 2, 2001.

The petitions filed in this case are available for inspection at the Office of the Director, Division of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room C-5311, 200 Constitution Avenue, NW., Washington, DC 20210.

In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 2273) the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on July 13, 1999, applicable to workers of Vinson Timber Products, Inc., Trout Creek, Montana. The notice was published in the Federal Register on August 11, 1999 (64 FR 43724).

At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the exploration and drilling of crude oil and natural gas. Findings show that workers separated from employment at Diamond Offshore Drilling, Inc., operating at various locations in the State of Louisiana, had their wages reported under a separate unemployment insurance (UI) tax account for Diamond Offshore Management Company.

The intent of the Department's certification is to include all workers of Diamond Offshore Drilling, Inc. who were adversely affected by increased imports. Accordingly, the Department is amending the certification to reflect this matter.

The amended notice applicable to TA-W-36,453 is hereby issued as follows:

Petitions have been filed with the Secretary of Labor under Section 221(a) of the Trade Act of 1974 (“the Act”) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221(a) of the Act.

The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved.

The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than April 2, 2001.

Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than April 2, 2001.

The petitions filed in this case are available for inspection at the Office of the Director, Division of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room C-5311, 200 Constitution Avenue, NW., Washington, DC 20210.

Pursuant to section 221 of the Trade Act of 1974, an investigation was initiated on November 20, 2000, in response to a worker petition which was filed by the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers, Local 1111, on behalf of workers at Rockwell Automation, Milwaukee, Wisconsin.

An active certification covering the petitioning group of workers at the subject firm remains in effect (TA-W-35,304). Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.

In accordance with section 250(A), Subchapter D, Chapter 2, Title II, of the Trade Act of 1974 (19 U.S.C. 2273), the Department of Labor issued a Certification for NAFTA Transitional Adjustment Assistance on January 31, 2001, applicable to workers of Poly One Corporation, (Formerly The Geon Company), Denver Compound Plant, Denver,Colorado. The notice was published in the Federal Register on March 2, 2001 (66 FR 13087).

At the request of the State agency, the Department reviewed the certification for workers of the subject firm. New findings show that the Department inadvertently excluded temporary workers of UNICCO Service Company, Denver, Colorado who were employed at Poly One Corporation, (Formerly The Geon Company), Denver Compound Plant, Denver Colorado. Information provided by the company shows that some employees of the subject firm were temporary workers from UNICCO Service Company to produce polyethylene plastics used for covering cable wires at the Denver, Colorado location.

Based on these findings, the Department is amending the certification to include temporary workers of UNICCO Service Company, Denver, Colorado employed at Poly One Corporation (formerly The Geon Company), Denver Compound Plant, Denver, Colorado.

The intent of the Department's certification is to include all workers of Poly One Corporation, (formerly The Geon Company), Denver Compound Plant, Denver, Colorado adversely affected by a shift of production to Canada.

The amended notice applicable to NAFTA—04286 is hereby issued as follows:

In accordance with section 250(A), subchapter D, chapter 2, Title II, of the Trade Act of 1974 (19 U.S.C. 2273), the Department of Labor issued a Certification for NAFTA Transitional Adjustment Assistance on January 4, 2001, applicable to workers of Tyco Electronics, Irvine, California. The notice was published in the Federal Register on February 8, 2001 (66 FR 9600).

At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers produced electronic connectors and cable assemblies. Information received from the State shows that Tyco Electronics purchased The Thomas and Betts Corporation in July, 2000. Information also shows that some workers separated from employment at Tyco Electronics had their wages reported under a separate unemployment insurance (UI) tax account for The Thomas and Betts Corporation.

Accordingly, the Department is amending the certification to properly reflect this matter.

The intent of the Department's certification is to include all workers of Tyco Electronics, Irvine, California who were adversely affected by the shift of production to Mexico. The amended notice applicable to NAFTA-04399 is hereby issued as follows:

Petitions for transitional adjustment assistance under the North American Free Trade Agreement-Transitional Adjustment Assistance Implementation Act (Pub. L. 103-182), hereinafter called (NAFTA-TAA), have been filed with State Governors under Section 250(b)(1) of Subchapter D, Chapter 2, Title II, of the Trade Act of 1974, as amended, are identified in the Appendix to this Notice. Upon notice from a Governor that a NAFTA-TAA petition has been received, the Director of the Division of Trade Adjustment Assistance (DTAA), Employment and Training Administration (ETA), Department of Labor (DOL), announces the filing of the petition and takes action pursuant to paragraphs (c) and (e) of Section 250 of the Trade Act.

The purpose of the Governor's actions and the Labor Department's investigations are to determine whether the workers separated from employment on or after December 8, 1993 (date of enactment of Pub. L. 103-182) are eligible to apply for NAFTA-TAA under Subchapter D of the Trade Act because of increased imports from or the shift in production to Mexico or Canada.

The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing with the Director of DTAA at the U.S. Department of Labor (DOL) in Washington, DC provided such request if filed in writing with the Director of DTAA not later than April 2, 2001.

Also, interested persons are invited to submit written comments regarding the subject matter of the petitions to the Director of DTAA at the address shown below not later than April 2, 2001.

Petitions filed with the Governors are available for inspection at the Office of the Director, DTAA, ETA, DOL, Room C-5311, 200 Constitution Avenue, NW., Washington, DC 20210.