60 Day Notice

0572-0089 60 day Notice.pdf

Wholesale Power Contracts

60 Day Notice

OMB: 0572-0089

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Federal Register / Vol. 87, No. 137 / Tuesday, July 19, 2022 / Notices

Agency, including whether the
information will have practical utility;
(b) 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;
(c) ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(d) ways to minimize the burden of
the collection of information on
respondents, including through the use
of appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Copies of this information collection
can be obtained from Kimble Brown,
Rural Development Innovation Center—
Regulations Management Division, at
(202) 720–6780. Email: kimble.brown@
usda.gov.
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public records.
Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2022–15379 Filed 7–18–22; 8:45 am]
BILLING CODE 3410–15–P

DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket No. RUS–22–AGENCY–0036]

60-Day Notice of Proposed Information
Collection: Wholesale Contracts for
the Purchase and Sale of Electric
Power; OMB Control No. 0572–0089
Rural Utilities Service,
Agriculture (USDA).
ACTION: Notice; request for comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, the
United States Department of Agriculture
(USDA), Rural Utilities Service (RUS),
announces its’ intention to request an
extension of a currently approved
information collection and invites
comments on this information
collection.
DATES: Comments on this notice must be
received by September 19, 2022 to be
assured of consideration.
ADDRESSES: Comments may be
submitted electronically by the Federal
eRulemaking Portal: Go to https://
www.regulations.gov and, in the
‘‘Search Field’’ box, labeled ‘‘Search for
Rules, Proposed Rules, Notices or
Supporting Documents,’’ enter the
following docket number: (RUS–22–
AGENCY–0036). To submit or view

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SUMMARY:

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public comments, click the ‘‘Search’’
button, select the ‘‘Documents’’ tab,
then select the following document title:
(60-Day Notice of Proposed Information
Collection: Wholesale Contracts for the
Purchase and Sale of Electric Power;
OMB Control No.: 0572–0089) from the
‘‘Search Results’’ and select the
‘‘Comment’’ button. Before inputting
your comments, you may also review
the ‘‘Commenter’s Checklist’’ (optional).
Insert your comments under the
‘‘Comment’’ title, click ‘‘Browse’’ to
attach files (if available). Input your
email address and select ‘‘Submit
Comment.’’
Information on using Regulations.gov,
including instructions for accessing
documents, submitting comments, and
viewing the docket after the close of the
comment period, is available through
the site’s ‘‘FAQ’’ link.
Other Information: Additional
information about Rural Development
and its programs is available on the
internet at https://www.rd.usda.gov.
All comments will be available for
public inspection online at the Federal
eRulemaking Portal (https://
www.regulations.gov).
FOR FURTHER INFORMATION CONTACT:
Crystal Pemberton, Management
Analyst, Branch 1, Rural Development
Innovation Center—Regulations
Management Division, United States
Department of Agriculture, 1400
Independence Avenue SW, South
Building, Washington, DC 20250–1522.
Telephone: (202) 260–8621. Email:
[email protected].
SUPPLEMENTARY INFORMATION: The Office
of Management and Budget’s (OMB)
regulation (5 CFR part 1320)
implementing provisions of the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13) requires that interested
members of the public and affected
agencies have an opportunity to
comment on information collection and
recordkeeping activities (see 5 CFR
1320.8(d)). This notice identifies the
following information collection that
RUS is submitting to OMB as extension
to an existing collection with Agency
adjustment.
Title: Wholesale Contracts for the
Purchase and Sale of Electric Power.
OMB Control Number: 0572–0089.
Expiration Date of Approval:
November 30, 2022.
Type of Request: Extension of a
currently approved information
collection.
Estimate of Burden: Public reporting
burden for this collection of information
is estimated to average 6 hours per
response.
Respondents: Small business or other
for-profit; not-for-profit organizations.

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Estimated Number of Respondents:
10.
Estimated Number of Responses per
Respondent: 1.
Estimated Total Annual Burden on
Respondents: 60 hours.
Abstract: Most RUS financed electric
systems are cooperatives and are
organized in a two-tiered structure.
Retail customers are members of the
distribution system that provides
electricity to their homes and business.
Distribution cooperatives, in turn, are
members of power supply cooperatives,
also known as generation and
transmission cooperatives (G&T’s) that
generate or purchase power and
transmit the power to the distribution
systems.
For a distribution system, a lien on
the borrower’s assets generally
represents adequate security. However,
since most G&T revenues flow from its
distribution members, RUS requires, as
a condition of a loan or loan guarantee
to a G&T the long-term requirements
wholesale power contract (WPC) to
purchase their power from the G&T at
rates that cover all the G&T’s expenses,
including debt service and margins.
RUS considers Form 444 as an example
for the G&T’s to utilize as either their
WPC or create their own WPC if it has
all the same information as the form.
The WPC is specialized based on the
combined requirements of the G&T and
its members. The WPC is used by RUS
G&T borrowers to enter into agreement
with their distribution members for
purchase of power from the G&T. The
WPC is prepared and executed by the
G&T and each member and by RUS and
the information allows RUS to
determine credit quality and credit
worthiness to determine repayment
ability for loans and loan guarantees.
Comments are invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s
estimate of the burden of the collection
of information including the validity of
the methodology and assumptions used;
(c) ways to enhance the quality, utility
and clarity of the information to be
collected; and
(d) ways to minimize the burden of
the collection of information on
respondents, including the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology. All responses
to this notice will be summarized and
included in the request for OMB

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Federal Register / Vol. 87, No. 137 / Tuesday, July 19, 2022 / Notices
approval. All comments will become a
matter of public record.
Copies of this information collection
can be obtained from Crystal Pemberton,
Rural Development Innovation Center—
Regulations Management Division, at
(202) 260–862. Email:
[email protected].
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
Christopher McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2022–15394 Filed 7–18–22; 8:45 am]
BILLING CODE 3410–XV–P

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

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In the Matter of: Joyce Marie
Eliabachus, 17 Frederick St.,
Morristown, NJ 07960; Order Denying
Export Privileges
On October 7, 2020, in the U.S.
District Court for the District of New
Jersey, Joyce Marie Eliabachus
(‘‘Eliabachus’’) was convicted of
violating 18 U.S.C. 371. Specifically,
Eliabachus was convicted of knowingly
and intentionally conspiring and
agreeing with others known and
unknown to export, re-export, sell and
supply and attempting to, re-export, sell
and supply aircraft components,
directly or indirectly from the United
States to Iran, including to Mahan Air,
without first obtaining the authorization
from the Office of Foreign Assets
Control, in violation of 18 U.S.C. 371.
As a result of her conviction, the
Court sentenced Eliabachus to 18
months in prison, one year of supervisor
release, and a $100 court assessment.
Pursuant to Section 1760(e) of the
Export Control Reform Act (‘‘ECRA’’),1
the export privileges of any person who
has been convicted of certain offenses,
including, but not limited to, 18 U.S.C.
371, may be denied for a period of up
to ten (10) years from the date of his/her
conviction. 50 U.S.C. 4819(e) (Prior
Convictions). In addition, any Bureau of
Industry and Security (BIS) licenses or
other authorizations issued under
ECRA, in which the person had an
interest at the time of the conviction,
may be revoked. Id.
BIS received notice of Eliabachus’s
conviction for violating 18 U.S.C. 371
and, as provided in Section 766.25 of
1 ECRA

was enacted on August 13, 2018, as part
of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 and, as
amended, is codified at 50 U.S.C. 4801–4852.

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the Export Administration Regulations
(‘‘EAR’’ or the ‘‘Regulations’’), has
provided notice and opportunity for
Eliabachus to make a written
submission to BIS. 15 CFR 766.25.2 BIS
has not received a written response from
Eliabachus.
Based upon my review of the record
and consultations with BIS’s Office of
Exporter Services, including its
Director, and the facts available to BIS,
I have decided to deny Eliabachus’s
export privileges under the Regulations
for a period of 10-years from the date of
Eliabachus’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Eliabachus had an interest at the time of
her conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
October 7, 2030, Joyce Marie
Eliabachus, with a last known address
of 17 Frederick St, Morristown, NJ
07960 and when acting for or on her
behalf, her successors, assigns,
employees, agents or representatives
(‘‘the Denied Person’’), may not directly
or indirectly participate in any way in
any transaction involving any
commodity, software, or technology
(hereinafter collectively referred to as
‘‘item’’) exported or to be exported from
the United States that is subject to the
Regulations, including, but not limited
to:
A. Applying for, obtaining, or using
any license, license exception, or export
control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or engaging
in any other activity subject to the
Regulations; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or
from any other activity subject to the
Regulations.
Second, no person may, directly or
indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) to or on behalf of the Denied
Person any item subject to the
Regulations;
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730
through 774 (2021).
3 The Director, Office of Export Enforcement, is
the authorizing official for issuance of denial
orders, pursuant to recent amendments to the
Regulations (85 FR 73411, November 18, 2020).

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B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession, or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed, or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed, or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification, or
testing.
Third, pursuant to Section 1760(e) of
ECRA (50 U.S.C. 4819(e)) and Sections
766.23 and 766.25 of the Regulations,
any other person, firm, corporation, or
business organization related to the
Denied Person by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of
the Regulations, the Denied Person may
file an appeal of this Order with the
Under Secretary of Commerce for
Industry and Security. The appeal must
be filed within 45 days from the date of
this Order and must comply with the
provisions of Part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to the Denied Person and shall
be published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until October 7, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022–15322 Filed 7–18–22; 8:45 am]
BILLING CODE 3510–DT–P

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