                                  SAMPLE LETTER A: Generic Substantiation, FOIA

  								Approved OMB xxx
                                              Approval expires XXXX

               By Certified U.S. Mail; Return Receipt Requested
(Name, title, and address of the [designated] representative of the affected business)
Re: Freedom of Information Act (FOIA) Request [INSERT FOIA #]
Dear [Addressee]:
      The U.S. Environmental Protection Agency ("EPA" or "Agency") has received a request under the FOIA for certain records [if submitted by the business whose information it is: that you submitted to the EPA] [if submitted by an entity other than the business whose information it is: in EPA's possession] pertaining to [a detailed description of the information or specific list of documents that is/are the subject of the advance or final confidentiality determination]. [If information has been claimed as CBI: You have claimed (all or part) of this information as confidential business information ("CBI").] [If no claim has been made: In accordance with applicable EPA regulations, 40 C.F.R. Part 2, Subpart B, the EPA has determined that you might be expected to assert a claim that some or all of [if submitted by the business whose information it is: the information you submitted to the EPA] [if submitted by an entity other than the business whose information it is: this information in EPA's possession] is confidential business information ("CBI").] Under the EPA regulations at 40 C.F.R. Part 2, Subpart B, the FOIA request has been initially denied to afford you an opportunity to provide comments to [If no claim has been made: claim this information as CBI and] substantiate your claim(s) as described below.
      The purpose of this letter is to notify you that the EPA (appropriate legal office) will be making a(n) (advance or final) confidentiality determination concerning the information you have claimed as CBI. If you feel that some or all of the information is entitled to confidential treatment, you must make the showings below with specific reference to those portions of the information you consider confidential.
      Please be specific by page (including Bates Stamp, if applicable), paragraph, and sentence when identifying and substantiating the information subject to your claim. Where your claim, as originally made or as modified by your response to this letter, does not include all information on a page, please attach a copy of each such page with brackets around the text that you claim to be CBI. Please note that if a page, document, group, or class of documents claimed by you to be CBI contains a significant amount of information which (appropriate legal office) determines is not CBI, your CBI claim regarding that page, document, group, or class of documents may be denied.  Please be advised that any information not specifically identified as subject to a confidentiality claim and substantiated as such in your response to this letter may be disclosed to the requester without further notice to you.
      In making its final confidentiality determination, the EPA will consider the relevant substantive criteria in its CBI regulations, under 40 C.F.R. § 2.208(a)-(d), as well as the U.S. Supreme Court's decision in Food Marketing Institute v. Argus Leader Media (Argus), 139 S. Ct. 2356 (2019), which evaluated the definition of "confidential" as used in Exemption 4.  In the Argus decision, the Court held that at least where "[1] commercial or financial information is both customarily and actually treated as private by its owner and [2] provided to the government under an assurance of privacy, the information is `confidential' within the meaning of Exemption 4."  Argus, 139 S. Ct. at 2366.
      Thus, for each item or class of information that you claim as CBI, please answer the following questions, giving as much detail as possible. EPA will use your responses to these questions to determine whether the information has been shown to be entitled to confidential treatment:
      1. 	For what period of time do you request that the information be maintained as confidential, e.g., until a certain date, until the occurrence of a specified event, or permanently? If the occurrence of a specific event will eliminate the need for confidentiality, please specify that event.
      2. 	Information submitted to the EPA becomes stale over time. Please explain why EPA should protect the information you claim as confidential for the time period specified in your answer to question #1.
      3. 	Has EPA, another federal agency, or court made any determination as to the confidentiality of the information? If so, please attach a copy of the determination.
      4. 	Is the information contained in any publicly available material such as patents or patent applications, publicly available databases (including state databases), promotional publications, annual reports, or articles? Yes/No

If you answered "yes", please identify the publicly available information and its location (e.g., patent number or website address).
      5.	Has your company taken reasonable measures to protect the information claimed as CBI?  If so, please identify the measure or internal controls your business has taken to protect the information claimed as confidential:

 Non-disclosure agreement required prior to access.  Yes/No
 Access is limited to individuals with a need-to-know.  Yes/No
 Information is physically secured (e.g. locked in a room or cabinet) or electronically secured (encrypted, password protected, etc.).  Yes/No
 Other internal control measures(s).  Yes/No.  (If yes, please explain.)

      6.	Does your company customarily keep the information private or closely-held?  If so, please explain the basis for your response.
      7.	At the time you submitted the information you claimed as CBI, did EPA provide any express or implied assurance of confidentiality?  If so, please provide the specific assurance(s) you received.  For example, expressed assurances indicating that information will not be publicly disclosed could include legal authorities (regulation or statute), direct communications, class determinations, etc.  Examples of implicit assurances could include a description of the specific context in which the information was received.
      8.	Did the Agency provide any expressed or implied indications at the time the information was submitted that EPA would publicly disclose the information?
      9. 	If you believe any submitted information to be a trade secret, please state and explain the reason for your belief. Please attach copies of those pages containing such information with brackets around the text that you claim to be a trade secret.
      10. 	[Potential Question based on circumstance:  Are there any means by which a member of the public could obtain access to the information or readily discover the information claimed as confidential through reverse engineering?]
      11.	[Potential Question based on the type of CBI claim:  Please explain why the information claimed as confidential is not emissions data under the Clean Air Act, effluent data under the Clean Water Act, health and safety data under the Toxics
Substances Control Act, or any other information that is prohibited from protection under regulation or statute.]
      12. 	Explain any other issue or additional information you deem relevant to EPA's determination.
      Please note that you bear the burden of substantiating your CBI and trade secret claim(s). Generalized or conclusory statements will be given little or no weight in EPA's determination on the confidentiality of the information you claim to be CBI.
      Your comments must be postmarked or hand delivered to this office, or emailed to [email address], by the 15th working day after your receipt of this letter. You may seek an extension of time to submit your comments to this office, but your request must be made before the end of the 15-day period. Except in extraordinary circumstances, no extension will be approved without the consent of the FOIA requester. Failure to submit your comments within that time will be regarded as a waiver of your confidentiality claim(s), and the EPA may release the information.
      If you wish to claim any information that you provide in your response to this letter to be claimed as CBI, you must mark the response with "CONFIDENTIAL BUSINESS INFORMATION" or with a similar designation, and you must bracket all text in the response that you so claim. Information so designated will be disclosed by the EPA only to the extent allowed by, and by means of the procedures set forth in, 40 C.F.R. Part 2, Subpart B. If you fail to claim the information provided in your response as confidential, it may be made available to the public without further notice to you.
      Should you have any questions concerning this matter, please call me at [telephone number].
                              Sincerely,

                                    [Signature and Title;  Office Name and Address]
 [Enclosure]

                              SAMPLE LETTER B: Generic Substantiation, Non-FOIA

                                                         Approved OMB 2020-0003
                                                          Approval expires xxxx

             Request for Substantiation From an Affected Business

By Certified U.S. Mail; Return Receipt Requested
[Name, title, and address of the [designated] representative of the affected business]
Re: _________
Dear [Addressee]:
      The U.S. Environmental Protection Agency ("EPA" or "Agency") is seeking to determine the entitlement to confidentiality of [description of the information that is the subject of the advance or final confidentiality determination] [if submitted by the business whose information it is: that you submitted to the EPA] [if submitted by an entity other than the business whose information it is: in EPA's possession.] [If information has been claimed as CBI: You have claimed (all or part) of this information as confidential business information ("CBI").] [If no claim has been made: In accordance with applicable EPA regulations, 40 C.F.R. Part 2, Subpart B, the EPA has determined that you might be expected to assert a claim that some or all of [if submitted by the business whose information it is: the information you submitted to the EPA] [if submitted by an entity other than the business whose information it is: this information in EPA's possession] is confidential business information ("CBI").]
      The purpose of this letter is to notify you that the EPA [appropriate legal office] will be making a(n) [advance or final] confidentiality determination concerning the information you have claimed as CBI. If you feel that some or all of the information is entitled to confidential treatment, you must make the showings below with specific reference to those portions of the information you consider confidential.
      Please be specific by page (including Bates Stamp, if applicable), paragraph, and sentence when identifying and substantiating the information subject to your claim. Where your claim, as originally made or as modified by your response to this letter, does not include all information on a page, please attach a copy of each such page with brackets around the text that you claim to be CBI. Please note that if a page, document, group or class of documents claimed by you to be CBI contains a significant amount of information which our [appropriate legal office] determines is not CBI, your CBI claim regarding that page, document, group, or class of documents may be denied.  Any information not specifically identified as subject to a confidentiality claim and substantiated as such in your response to this letter may be disclosed without further notice to you.
      In making its final confidentiality determination, the EPA will consider the relevant substantive criteria in its CBI regulations, under 40 C.F.R. § 2.208(a)-(d), as well as the U.S. Supreme Court's decision in Food Marketing Institute v. Argus Leader Media (Argus), 139 S. Ct. 2356 (2019), which evaluated the definition of "confidential" as used in Exemption 4.  In the Argus decision, the Court held that at least where "[1] commercial or financial information is both customarily and actually treated as private by its owner and [2] provided to the government under an assurance of privacy, the information is `confidential' within the meaning of Exemption 4."  Argus, 139 S. Ct. at 2366.
      Thus, for each item or class of information that you claim as CBI, please answer the following questions, giving as much detail as possible. EPA will use your responses to these questions to determine whether the information has been shown to be entitled to confidential treatment: 1. 	For what period of time do you request that the information be maintained as confidential, e.g., until a certain date, until the occurrence of a specified event, or permanently? If the occurrence of a specific event will eliminate the need for confidentiality, please specify that event.
      2. 	Information submitted to the EPA becomes stale over time. Please explain why EPA should protect the information you claim as confidential for the time period specified in your answer to question #1.
      3. 	Has EPA, another federal agency, or court made any determination as to the confidentiality of the information? If so, please attach a copy of the determination.
      4. 	Is the information contained in any publicly available material such as patents or patent applications, publicly available databases (including state databases), promotional publications, annual reports, or articles? Yes/No

If you answered "yes", please identify the publicly available information and its location (e.g., patent number or website address).
      5.	Has your company taken reasonable measures to protect the information claimed as CBI?  If so, please identify the measure or internal controls your business has taken to protect the information claimed as confidential:

 Non-disclosure agreement required prior to access.  Yes/No
 Access is limited to individuals with a need-to-know.  Yes/No
 Information is physically secured (e.g. locked in a room or cabinet) or electronically secured (encrypted, password protected, etc.).  Yes/No
 Other internal control measures(s).  Yes/No.  (If yes, please explain.)

      6.	Does your company customarily keep the information private or closely-held?  If so, please explain the basis for your response.
      7.	At the time you submitted the information you claimed as CBI, did EPA provide any express or implied assurance of confidentiality?  If so, please explain the specific assurance(s) you received.  For example, expressed assurances indicating that information will not be publicly disclosed could include legal authorities (regulation or statute), direct communications, class determinations, etc.  Examples of implicit assurances could include a description of the specific context in which the information was received.
      8.	Did the Agency provide any expressed or implied indications at the time the information was submitted that EPA would publicly disclose the information?
      9. 	If you believe any submitted information to be a trade secret, please state and explain the reason for your belief. Please attach copies of those pages containing such information with brackets around the text that you claim to be a trade secret.
      10. 	[Optional Question for Program to include if applicable:  Are there any means by which a member of the public could obtain access to the information or readily discover the information claimed as confidential through reverse engineering?]
      11.	[Optional Question for Program to include if applicable:  Please explain why the information claimed as confidential is not emissions data under the Clean Air Act, effluent data under the Clean Water Act, health and safety data under the Toxics
Substances Control Act, or any other information that is prohibited from protection under regulation or statute.]
      12. 	Explain any other issue or additional information you deem relevant to EPA's determination.
       [If applicable to a EPA class determination:  Enclosed is the EPA Class Determination [class determination number] entitled, [name of the class determination], which addresses the treatment of [description of class determination].  You may consider reviewing Class Determination [#] as you develop your response.]
      Please note that you bear the burden of substantiating your confidentiality and trade secret claim(s). Generalized or conclusory statements will be given little or no weight in EPA's determination on the confidentiality of the information you claim to be CBI.
      Your comments must be postmarked or hand delivered to this office, or emailed to [email address], by the 15th working day after your receipt of this letter. You may seek an extension of time to submit your comments to this office, but the request must be made before the end of the 15-day period. Except in extraordinary circumstances, no extension will be approved. Failure to submit your comments within that time will be regarded as a waiver of your confidentiality claim or claims, and the EPA may release the information.
      If you wish to claim any information that you provide in your response to this letter to itself be confidential, you must mark the response "CONFIDENTIAL" or with a similar designation, and must bracket all text in the response that you so claim. Information so designated will be disclosed by the EPA only to the extent allowed by, and by means of the procedures set forth in, 40 C.F.R. Part 2, Subpart B. If you fail to claim the information provided in your response as confidential, it may be made available to the public without further notice to you.
      If you wish to claim any information that you provide in your response to this letter to be claimed as CBI, you must mark the response with "CONFIDENTIAL BUSINESS INFORMATION" or with a similar designation, and you must bracket all text in the response that you so claim. Information so designated will be disclosed by the EPA only to the extent allowed by, and by means of the procedures set forth in, 40 C.F.R. Part 2, Subpart B. If you fail to claim the information provided in your response as confidential, it may be made available to the public without further notice to you.
      Should you have any questions concerning this matter, please call me at [telephone number].
                              Sincerely,
                                    [Signature and Title ;   Office Name and Address]
[Enclosure]

                                                   SAMPLE LETTER C: FIFRA, FOIA

	OMB 2020-0003
	Expires: XXXX
	Inert Ingredients

             Request for Substantiation From an Affected Business

By Certified U.S. Mail; Return Receipt Requested
[Name, title, and address of the [designated] representative of the affected business]

      RE:  Confidential Business Information Determination

Dear [ADDRESSEE]:

      The U.S. Environmental Protection Agency ("EPA") Office of Pesticide Programs has received a request under the FOIA for certain records [if submitted by the business whose information it is: that you submitted to the EPA] [if submitted by an entity other than the business whose information it is: in EPA's possession] pertaining to [a detailed description of the information or specific list of documents that is/are the subject of the advance or final confidentiality determination]. [If information has been claimed as CBI: You have claimed (all or part) of this information as confidential business information ("CBI").] [If no claim has been made: In accordance with applicable EPA regulations, 40 C.F.R. Part 2, Subpart B, the EPA has determined that you might be expected to assert a claim that some or all of [if submitted by the business whose information it is: the information you submitted to the EPA] [if submitted by an entity other than the business whose information it is: this information in EPA's possession] is confidential business information ("CBI").] Under the EPA regulations at 40 C.F.R. Part 2, Subpart B, the FOIA request has been initially denied to afford you an opportunity to provide comments to [If no claim has been made: claim this information as CBI and] substantiate your claim(s) as described below.
      The purpose of this letter is to notify you that the EPA Office of General Counsel will be making a(n) [advance or final] confidentiality determination concerning the information you have claimed as CBI. If you feel that some or all of the information is entitled to confidential treatment, you must make the showings below with specific reference to those portions of the information you consider confidential.

      Please be specific by page (including Bates Stamp, if applicable), paragraph, and sentence when identifying and substantiating the information subject to your claim. Where your claim, as originally made or as modified by your response to this letter, does not include all information on a page, please attach a copy of each such page with brackets around the text that you claim to be CBI. Please note that if a page, document, group, or class of documents claimed by you to be CBI contains a significant amount of information which the Office of General Counsel determines is not CBI, your CBI claim regarding that page, document, group, or class of documents may be denied.  Any information not specifically identified as subject to a confidentiality claim and substantiated as such in your response to this letter may be disclosed to the requester without further notice to you.

      In making its final confidentiality determination, the EPA will consider the relevant substantive criteria in its CBI regulations, under 40 C.F.R. § 2.208(a)-(d), as well as the U.S. Supreme Court's decision in Food Marketing Institute v. Argus Leader Media (Argus), 139 S. Ct. 2356 (2019), which evaluated the definition of "confidential" as used in Exemption 4.  In the Argus decision, the Court held that at least where "[1] commercial or financial information is both customarily and actually treated as private by its owner and [2] provided to the government under an assurance of privacy, the information is `confidential' within the meaning of Exemption 4."  Argus, 139 S. Ct. at 2366.
      Thus, for each item or class of information that you claim as CBI, please answer the following questions, giving as much detail as possible. EPA will use your responses to these questions to determine whether the information has been shown to be entitled to confidential treatment:
      1.	For what period of time do you request that the information be maintained as confidential, e.g., until a certain date, until the occurrence of a specified event, or permanently? If the occurrence of a specific event will eliminate the need for confidentiality, please specify that event.
      2. 	Information submitted to the EPA becomes stale over time. Please explain why EPA should protect the information you claim as confidential for the time period specified in your answer to question #1.
      3. 	Has EPA, another federal agency, or court made any determination as to the confidentiality of the information? If so, please attach a copy of the determination.
      4. 	Is the information contained in any publicly available material such as patents or patent applications, publicly available databases (including state databases), promotional publications, annual reports, or articles? Yes/No

If you answered "yes", please identify the publicly available information and its location (e.g., patent number or website address).
      5.	Has your company taken reasonable measures to protect the information claimed as CBI?  If so, please identify the measure or internal controls your business has taken to protect the information claimed as confidential:

 Non-disclosure agreement required prior to access.  Yes/No
 Access is limited to individuals with a need-to-know.  Yes/No
 Information is physically secured (e.g. locked in a room or cabinet) or electronically secured (encrypted, password protected, etc.).  Yes/No
 Other internal control measures(s).  Yes/No.  (If yes, please explain.)

      6.	Does your company customarily keep the information private or closely-held?  If so, please explain the basis for your response.
      7.	At the time you submitted the information you claimed as CBI, did EPA provide any express or implied assurance of confidentiality?  If so, please explain the specific assurance(s) you received.  For example, expressed assurances indicating that information will not be publicly disclosed could include legal authorities (regulation or statute), direct communications, class determinations, etc.  Examples of implicit assurances could include a description of the specific context in which the information was received.
      8.	Did the Agency provide any expressed or implied indications at the time the information was submitted that EPA would publicly disclose the information?
      9. 	If you believe any submitted information to be a trade secret, please state and explain the reason for your belief. Please attach copies of those pages containing such information with brackets around the text that you claim to be a trade secret.
      10. 	[Optional Question for Program to include if applicable:  Are there any means by which a member of the public could obtain access to the information or readily discover the information claimed as confidential through reverse engineering?]
      11. 	Explain any other issue or additional information you deem relevant to EPA's determination.
      Please note that you bear the burden of substantiating your confidentiality and trade secret claim(s). Generalized or conclusory statements will be given little or no weight in EPA's determination on the confidentiality of the information you claim to be CBI.
      Your comments must be postmarked or hand delivered to this office, or emailed to [email address], by the 15th working day after your receipt of this letter. You may seek an extension of time to submit your comments to this office, but the request must be made before the end of the 15-day period. Except in extraordinary circumstances, no extension will be approved. Failure to submit your comments within that time will be regarded as a waiver of your confidentiality claim or claims, and the EPA may release the information.
      If you wish to claim any information that you provide in your response to this letter to itself be confidential, you must mark the response "CONFIDENTIAL" or with a similar designation, and must bracket all text in the response that you so claim. Information so designated will be disclosed by the EPA only to the extent allowed by, and by means of the procedures set forth in, 40 C.F.R. Part 2, Subpart B. If you fail to claim the information provided in your response as confidential, it may be made available to the public without further notice to you.
      If you wish to claim any information that you provide in your response to this letter to be claimed as CBI, you must mark the response with "CONFIDENTIAL BUSINESS INFORMATION" or with a similar designation, and you must bracket all text in the response that you so claim. Information so designated will be disclosed by the EPA only to the extent allowed by, and by means of the procedures set forth in, 40 C.F.R. Part 2, Subpart B. If you fail to claim the information provided in your response as confidential, it may be made available to the public without further notice to you.
      Should you have any questions concerning this matter, please call me at [telephone number].
                              Sincerely,
                                    [Signature and Title ;   Office Name and Address]
[Enclosure]

                  SAMPLE LETTER D:  FIFRA; Non-FOIA

	OMB 2020-0003
	Expires

             Request for Substantiation From an Affected Business

By Certified U.S. Mail; Return Receipt Requested
[Name, title, and address of the [designated] representative of the affected business]

      Re: Freedom of Information Act Request [INSERT NUMBER]

Dear [INSERT NAME]:

      The U.S. Environmental Protection Agency ("EPA") Office of Pesticide Programs is seeking to determine the entitlement to confidentiality of [description of the information that is the subject of the advance or final confidentiality determination] [if submitted by the business whose information it is: that you submitted to the EPA] [if submitted by an entity other than the business whose information it is: in EPA's possession.] [If information has been claimed as CBI: You have claimed (all or part) of this information as confidential business information ("CBI").] [If no claim has been made: In accordance with applicable EPA regulations, 40 C.F.R. Part 2, Subpart B, the EPA has determined that you might be expected to assert a claim that some or all of [if submitted by the business whose information it is: the information you submitted to the EPA] [if submitted by an entity other than the business whose information it is: this information in EPA's possession] is confidential business information ("CBI").]
      The purpose of this letter is to notify you that the EPA Office of General Counsel will be making a(n) [advance or final] confidentiality determination concerning the information you have claimed as CBI. If you feel that some or all of the information is entitled to confidential treatment, you must make the showings below with specific reference to those portions of the information you consider confidential.

      Please be specific by page (including Bates Stamp, if applicable), paragraph, and sentence when identifying and substantiating the information subject to your claim. Where your claim, as originally made or as modified by your response to this letter, does not include all information on a page, please attach a copy of each such page with brackets around the text that you claim to be CBI. Please note that if a page, document, group, or class of documents claimed by you to be CBI contains a significant amount of information which the Office of General Counsel determines is not CBI, your CBI claim regarding that page, document, group, or class of documents may be denied.  Any information not specifically identified as subject to a confidentiality claim and substantiated as such in your response to this letter may be disclosed to the requester without further notice to you.
      In making its final confidentiality determination, the EPA will consider the relevant substantive criteria in its CBI regulations, under 40 C.F.R. § 2.208(a)-(d), as well as the U.S. Supreme Court's decision in Food Marketing Institute v. Argus Leader Media (Argus), 139 S. Ct. 2356 (2019), which evaluated the definition of "confidential" as used in Exemption 4.  In the Argus decision, the Court held that at least where "[1] commercial or financial information is both customarily and actually treated as private by its owner and [2] provided to the government under an assurance of privacy, the information is `confidential' within the meaning of Exemption 4."  Argus, 139 S. Ct. at 2366.
      Thus, for each item or class of information that you claim as CBI, please answer the following questions, giving as much detail as possible. EPA will use your responses to these questions to determine whether the information has been shown to be entitled to confidential treatment:
      Questions 1-7 must be answered with respect to any confidentiality claims pertaining to the enclosed product chemistry information.

       What value can your competitors derive from knowing the identity, percent by weight, certified limits, or parent process of each impurity? Is this impurity unique to your manufacturing process? Why would your competitors find this impurity preferable over whatever impurity results from their equivalent process?

       Does published analytical methodology exist that could identify and quantify this impurity? If so, why do you believe that your competitors have not already performed such analysis?

       What value can your competitors derive from knowing the description of materials used to produce the product, the description of the production process, or the preliminary production analysis? Why would your competitors find these processes preferable over their equivalent processes?

      Questions 4-7 must be answered with respect to any confidentiality claims pertaining to the inert ingredients. Each question must be answered separately with respect to each inert ingredient:

       What is the value that this inert ingredient brings to the product formulation? What characteristics of this ingredient are unique such that competitors might prefer it over whatever ingredients perform the equivalent function in their formulations? Is the use of this ingredient limited to your product, or does it have broader applications?

       Why is it unlikely that your competitors have not already discovered the value of this ingredient? Are you aware of the use of this ingredient as an inert by your competitors?

       To your knowledge, has the use of this inert ingredient in a pesticide been disclosed in a patent? If so, how would disclosure of the identity of the ingredient assist your competitors beyond what is already available through a patent?
       Can the identity of this inert ingredient be determined by product sample analysis? If so, why do you believe that your competitors have not already performed such analysis?

   Questions 8 through 17 must be answered for each type of information that you claimed as confidential:

      8. 	For what period of time do you request that the information be maintained as confidential, e.g., until a certain date, until the occurrence of a specified event, or permanently? If the occurrence of a specific event will eliminate the need for confidentiality, please specify that event.
      9. 	Information submitted to the EPA becomes stale over time. Please explain why EPA should protect the information you claim as confidential for the time period specified in your answer to question #1.
      10. 	Has EPA, another federal agency, or court made any determination as to the confidentiality of the information? If so, please attach a copy of the determination.
      11. 	Is the information contained in any publicly available material such as patents or patent applications, publicly available databases (including state databases), promotional publications, annual reports, or articles? Yes/No

If you answered "yes", please identify the publicly available information and its location (e.g., patent number or website address).
      12.	Has your company taken reasonable measures to protect the information claimed as CBI?  If so, please identify the measure or internal controls your business has taken to protect the information claimed as confidential:

 Non-disclosure agreement required prior to access.  Yes/No
 Access is limited to individuals with a need-to-know.  Yes/No
 Information is physically secured (e.g. locked in a room or cabinet) or electronically secured (encrypted, password protected, etc.).  Yes/No
 Other internal control measures(s).  Yes/No.  (If yes, please explain.)

      13.	Does your company customarily keep the information private or closely-held?  If so, please explain the basis for your response.
      14.	At the time you submitted the information you claimed as CBI, did EPA provide any express or implied assurance of confidentiality?  If so, please explain the specific assurance(s) you received.  For example, expressed assurances indicating that information will not be publicly disclosed could include legal authorities (regulation or statute), direct communications, class determinations, etc.  Examples of implicit assurances could include a description of the specific context in which the information was received.
      15.	Did the Agency provide any expressed or implied indications at the time the information was submitted that EPA would publicly disclose the information?
      16. 	If you believe any submitted information to be a trade secret, please state and explain the reason for your belief. Please attach copies of those pages containing such information with brackets around the text that you claim to be a trade secret.
      17. 	Explain any other issue or additional information you deem relevant to EPA's determination.
      Please note that you bear the burden of substantiating your CBI and trade secret claim(s). Generalized or conclusory statements will be given little or no weight in EPA's determination on the confidentiality of the information you claim to be CBI. Be advised that information described by Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA") section 10(d)(l)(A), (B), and (C) is not automatically entitled to confidential treatment.  Disclosure of such information would only be prohibited, by FIFRA section (b), if the information is eligible for confidential treatment as described by 40 CFR 2.208(a)-(d).

      Your comments must be postmarked or hand delivered to this office, or emailed to [email address], by the 15th working day after your receipt of this letter. You may seek an extension of time to submit your comments to this office, but your request must be made before the end of the 15-day period. Except in extraordinary circumstances, no extension will be approved without the consent of the FOIA requester. Failure to submit your comments within that time will be regarded as a waiver of your confidentiality claim(s), and the EPA may release the information.

      If you wish to claim any information that you provide in your response to this letter to be claimed as CBI, you must mark the response with "CONFIDENTIAL BUSINESS INFORMATION" or with a similar designation, and you must bracket all text in the response that you so claim. Information so designated will be disclosed by the EPA only to the extent allowed by, and by means of the procedures set forth in, 40 C.F.R. Part 2, Subpart B. If you fail to claim the information provided in your response as confidential, it may be made available to the public without further notice to you.
      Should you have any questions concerning this matter, please call me at [telephone number].

                        Sincerely,

					[SIGNATORY AND TITLE]

Enclosures

	SAMPLE LETTER E: TSCA

                                                                  OMB 2020-0003
                                                              Approval expires

By Certified U.S. Mail; Return Receipt Requested

                 MAY CONTAIN CONFIDENTIAL BUSINESS INFORMATION

[Technical Contact Name, title, Company, and Address]

Re: Notice of Review and Request for Substantiation of Confidential Business Information Claim(s)

Document Type:
Document Identifying Number:
Date of Submission:
Type of claim(s) to be reviewed:	 specific chemical identity
					 all other CBI claims

Dear [Addressee]:

Under section 14(f) of the Toxic Substances Control Act (TSCA), EPA shall require any person to "reassert and substantiate or resubstantiate the [CBI] claim" under certain circumstances.   EPA will review such CBI claim (1) to determine whether the information qualifies for protection under Exemption 4 when requested to be disclosed under a Freedom of Information request; (2) if the Administrator has a reasonable basis to believe the information does not qualify for protection under TSCA; or (3) for any chemical substance that EPA determines under TSCA section 5(b)(4)(A) presents an unreasonable risk of injury to health or the environment.  15 U.S.C. § 2613(f).

This letter is to notify you that the U.S. Environmental Protection Agency (EPA) Office of General Counsel will be making a final confidentiality determination concerning information you have claimed as CBI, as identified above.  All CBI claims must be substantiated.

If you feel that some or all of the information checked above is entitled to confidential treatment, you must substantiate as described below with specific reference to those portions of the information you consider confidential.

Substantiating a CBI Claim.

There are two different sets of substantiation questions for CBI claims: (I) questions for all CBI claims in the submission; and (II) questions for chemical identity CBI claims.  Please use the appropriate question set.  In some instances, your TSCA submission may contain both types of CBI claims or a CBI claim may require completing both sets of substantiation questions.  For example, if you assert a CBI claim to protect a chemical substance's identity, then you must answer both question sets.  EPA has identified the appropriate question set(s) via the checkboxes at the top of this letter.  In some instances, for example TSCA section 8(a) Chemical Data Reporting (CDR) Rule submissions, you may have already provided up-front substantiations for some or all of the CBI claims.  If you have already substantiated your CBI claim at the time of submission, and believe that your previously submitted substantiation remains accurate and up to date, you may choose to rely on that substantiation by referring to or preferably physically attaching your substantiation to your response to this letter.

 REQUIRED FOR ALL CBI CLAIMS.

If you are asserting ANY information in the submission as CBI, please answer the following questions.

In supporting your CBI claim(s), please be specific by page, paragraph, sentence, or by data element when identifying and substantiating the information subject to your claim.  Where your claim, as originally made or as modified by your response to this letter, does not include all information on a page, please attach a copy of each such page with brackets around the text that you claim to be CBI.

In some cases, it may be appropriate to group the information into a class of information rather than responding to each item claimed as CBI. See EPA webpage [INSERT WEBPAGE] for suggested approaches to providing substantiations of materials grouped.  For any information that is not specifically identified as subject to a confidentiality claim and substantiated as such in your response to this letter, it shall be determined that you have waived your CBI claim, pursuant to 40 C.F.R. § 2.205(d).

For each item or class of information that you continue to claim as CBI, please answer the following questions, giving as much detail as possible. Your substantiation response to these questions will be used by the EPA to determine whether the information has been shown to be entitled to confidential treatment:

    Will disclosure of the information claimed as confidential likely cause in substantial harm to your business's competitive position?  Yes/No.

If you answered yes, please describe with specificity the substantial harmful effects that would result to your competitive position if the CBI-claimed information is made available to the public.  In your answer, explain the causal relationship between disclosure and any resulting substantial harmful effects. Consider in your answer such constraints as capital and marketing cost, specialized technical expertise, or unusual processes and your competitor's access to your customers.

    To the extent you have disclosed information to others (both internally and externally), what precautions has your business taken?  Please identify any measures or internal controls your business has taken to protect the information claimed as confidential.

 Non-disclosure agreement required prior to access.  Yes/No
 Access is limited to individuals with a need-to-know.  Yes/No
 Information is physically secured (e.g. locked in room or cabinet) or electronically secured (encrypted, password protected, etc.).  Yes/No
 Other internal control measure(s).  If so, please explain.

    Does the information claimed as confidential appear in any public documents, including (but not limited to) safety data sheet, advertising or promotional material, professional or trade publication, patents or patent applications, or any other media or publications available to the general public?  Yes/No.

      If you answered yes, please identify the publicly available information and its location (e.g., patent number or website address) and explain why the information should nonetheless be treated as confidential.

     Are there any means by which a member of the public or competitor could obtain access to the information or readily discover the information claimed as confidential through reverse engineering?

    Does the information claimed to be CBI contain (a) trade secret(s) ?  Yes/No

If yes, please explain the reason for your belief. Please attach copies of those pages containing such information with brackets around the text that you claim to be (a) trade secret(s).

    If you assert a claim of confidentiality that is less than 10 years (see TSCA section 14(f)(3)), then please indicate the number of years (between 1-10 years) or specific date after which the claim is withdrawn.

    Has EPA, another federal agency, or court made any confidentiality determination regarding information associated with this substance? Yes/No.

      If yes, please explain the outcome of that determination and provide EPA with a copy of the previous confidentiality determination or any information that will assist the Agency in identifying the prior determination.

 REQUIRED FOR ONLY CHEMICAL IDENTITY CBI CLAIMS.

If you are claiming a specific chemical identity as CBI, please answer the additional following questions.  If you are not substantiating a chemical identity CBI claim, then you do not need to respond to the questions below.

    Is the chemical substance on the confidential portion of the TSCA Inventory?  Yes/No.

    Commerce:
          Has the chemical substance (or mixture) been offered for commercial distribution?  Yes/No.

          Is the chemical substance known by the public or your competitors to be in U.S. commerce?  Yes/No.

      If you answered yes, please explain why the information should nonetheless be treated as confidential.

    Disclosure of the specific chemical name would release:

          Confidential process information.  Yes/No.
          Confidential portion of a mixture information.  Yes/No.

      If you answered yes to either question, please explain.

Asserting a CBI claim in your substantiation response.

Businesses may claim their substantiation response as CBI.  Information claimed as confidential should be clearly marked by bracketing, circling, or underlining. All pages containing such information must also be stamped "CONFIDENTIAL BUSINESS INFORMATION" or with similar designation in order to assert a confidentiality claim. Care should be taken to ensure that these markings do not obscure the text.

Certification

You must include the following statement in the submission.

      I hereby certify to the best of my knowledge and belief that all information provided in this submission is complete and accurate.
      I further certify that, pursuant to 15 U.S.C. § 2613(c), for all claims for confidentiality made with this submission, all information submitted to substantiate such claims is true and correct, and that it is true and correct that
             My company has taken reasonable measures to protect the confidentiality of the information;
             I have determined that the information is not required to be disclosed or otherwise made available to the public under any other Federal law;
             I have a reasonable basis to conclude that disclosure of the information is likely to cause substantial harm to the competitive position of my company; and
             I have a reasonable basis to believe that the information is not readily discoverable through reverse engineering.

      Any knowing and willful misrepresentation is subject to criminal penalty pursuant to 18 U.S.C. § 1001.

Timely Responses and Postal Requirements

Your substantiation response must be postmarked or hand delivered to this office by the 15th working day after your receipt of this letter.  While it is anticipated that there will be a means for sending these to the Agency electronically in the future, at this point substantiations should be sent via US Mail or courier.

Filings should be directed to the below address.

      TSCA Confidential Business Information Center (7407M)
WJC East; Room 6428; Attn: TSCA CBI Substantiations
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, DC 20460-0001

      Courier Deliveries:

U.S. EPA
Office of Pollution Prevention and Toxics
      Confidential Business Information Center (CBIC)
      Attn: TSCA CBI Substantiations
      1201 Constitution Avenue, NW
WJC East; Room 6428
Washington, DC 20004-3302
<PHONE_NUMBER>

You may seek an extension of time to submit your substantiation response to this office, but the request must be made before the end of the 15-day period.  Requests for an extension may be directed to Ms. Quoc Nguyen, Office of General Counsel<EMAIL_ADDRESS>
Failure to timely submit your substantiation response will be regarded as a waiver of your confidentiality claim or claims, and the EPA may release the information.

Should you have any questions concerning this matter, please contact Mr. Scott Sherlock,<PHONE_NUMBER> and<EMAIL_ADDRESS>or Ms. Jessica Barkas,<PHONE_NUMBER> and<EMAIL_ADDRESS>                              Sincerely,

                                    [Signature and Title ;   Office Name and Address]


[Federal Register: February 6, 2006 (Volume 71, Number 24)]
[Notices]
[Page 6068-6069]
[DOCID:fr06fe06-40]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. EC06-68-000, et al.]

Morgan Stanley, et al. Electric Rate and Corporate Filings

January 30, 2006.
    The following filings have been made with the Commission. The
filings are listed in ascending order within each docket
classification.

1. Morgan Stanley

[Docket No. EC06-68-000]

    Take notice that on January 24, 2006, Morgan Stanley tendered for
filing with the Commission an application pursuant to section 203 of
the Federal power Act seeking blanket authorization for the
acquisition, directly or indirectly, of securities of electric utility
companies, transmitting utilities or of any holding company over any
electric utility company or transmitting utility, subject to certain
proposed limitations.
    Comment Date: 5 p.m. eastern time on February 6, 2006.

2. Elkem Metals Company--Alloy, L.P., et al. and Alloy Power Inc., et
al.

[Docket No. EC06-69-000]

    Take notice that on January 25, 2006, Elkem Metals Company--Alloy,
L.P. (Elkem) and Alloy Power Inc. (Alloy Power) (collectively, Parties)
and D.E. Shaw & Co., L.L.C., D.E. Shaw & Co. II, Inc., D.E. Shaw & Co.,
L.P. and D.E. Shaw & Co., Inc. (collectively, the Shaw-Related Entities
and, together with Parties, Applicants), submitted an application
pursuant to section 203 of the Federal Power Act for authorization of a
disposition of a jurisdictional facilities whereby one-third of the
limited partnership interests in Elkem would be transferred to Alloy
Power. In addition, Applicants seek authorization for the Shaw-Related
Entities to indirectly acquire securities in Elkem.
    Comment Date: 5 p.m. eastern time on February 15, 2006.

3. BBPOP Wind Equity LLC, et al.

[Docket No. EC06-70-000]

    Take notice that on January 25, 2006, BBPOP Wind Equity LLC (BBPOP
Wind Equity), Kumeyaay Wind, LLC (Kumeyaay), Wind Park Bear Creek, LLC
(Bear Creek), and Jersey-Atlantic Wind, LLC (Jersey-Atlantic) (for the
last three entities, collectively, the Project Companies), and Babcock
& Brown Wind Partners--U.S. LLC (BBWPUS) (collectively, Applicants)
filed with the Commission an application pursuant to section 203 of the
Federal Power Act for an order authorizing the indirect disposition of
jurisdictional facilities in connection with the transfer and sale of
upstream ownership interests in the jurisdictional facilities of the
Project Companies. BBPOP Wind Equity and BBWPUS state that they are
subsidiaries or affiliates of Babcock & Brown International Pty. Ltd.
(BBIPL). The Project Companies which currently are owned indirectly in
part by BBPOP Wind Equity, further state that they own wind energy
generating facilities in operation in California, Pennsylvania and New
Jersey and the proposed transactions are the transfer of upstream
ownership interests in the Project Companies from BBPOP Wind Equity to
BBWP and the potential temporary transfer of the membership interests
in one or more of the Project Companies from BBPOP 3 to another wholly-
owned BBPOP Wind Equity subsidiary.
    Comment Date: 5 p.m. eastern time on February 15, 2006.

4. FPL Energy Duane Arnold, LLC

[Docket No. EG06-31-000]

    Take notice that on January 26, 2006, FPL Energy Duane Arnold, LLC
(Applicant), tendered for filing with the Commission an application for
determination of exempt wholesale generator status pursuant to part 365
of the Commission's regulations.
    Applicant states that it is a nuclear-powered facility with a
nameplate capacity rating of 645 MW and is located in Palo, Iowa.
    Comment Date: 5 p.m. eastern time on February 16, 2006.

5. City of Anaheim, California

[Docket No. EL06-24-000]

    Take notice that on January 26, 2006, the City of Anaheim,
California filed revisions of Appendix I to the OATT.
    Comment Date: 5 p.m. eastern time on February 9, 2006.

6. Braintree Electric Light Department

[Docket No. EL06-48-000]

    Take notice that on January 19, 2006, Braintree Electric Light
Department (Braintree) submitted a petition pursuant to Rule 207(a)(2)
of the Commission's Rules of Practice and Procedure (18 CFR
385.207(a)(2)) for a declaratory order determining that rates and
charges associated with the costs of a reliability must-run (RMR)
agreement between Braintree and ISO New England, Inc. as to Braintree's
Potter 2 generating unit will satisfy the ``just and reasonable''
criteria of section 205 of the Federal Power Act.
    Comment Date: 5 p.m. eastern time on February 21, 2006.

Standard Paragraph

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-1550 Filed 2-3-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 21 (Wednesday, February 3, 2021)]
[Notices]
[Pages 8041-8042]
[FR Doc No: 2021-02210]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0042]

TUV Rheinland of North America, Inc.: Applications for Expansion
of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In this notice, OSHA announces the applications of TUV
Rheinland of North America, Inc., for expansion of the scope of
recognition as a Nationally Recognized Testing Laboratory (NRTL) and
presents the agency's preliminary finding to grant the applications.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before February 18, 2021.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at: http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2007-0042,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210;
telephone<PHONE_NUMBER>. OSHA's TTY number is<PHONE_NUMBER>. Please
note: While OSHA's docket office is continuing to accept and process
submissions by regular mail, due to the COVID-19 pandemic, the Docket
Office is closed to the public and not able to receive submissions to
the rulemaking record by express delivery, hand delivery and messenger
service.
    Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2007-0042). All comments, including any personal
information you provide, such as social security numbers and date of
birth, are placed in the public docket without change, and may be made
available online at https://www.regulations.gov.
    Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the https://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection through
the OSHA Docket Office. You may also contact Kevin Robinson, Director
Office of Technical Programs and Coordination Activities (OTPCA) at the
below address.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of the Applications for Expansion

    OSHA is providing notice that TUV Rheinland of North America, Inc.
(TUVRNA), is applying for expansion of the current recognition as a
NRTL. TUVRNA requests the addition of fourteen test standards to the
NRTL scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by the
applicable test standard and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The agency processes applications by a NRTL for initial recognition
and for an expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides the preliminary finding. In the second notice,
the agency provides the final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational web page for each NRTL,
including TUVRNA, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at https://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVRNA currently has eight facilities (sites) recognized by OSHA
for product testing and certification, with headquarters located at:
TUV Rheinland of North America, Inc., 12 Commerce Road, Newtown,
Connecticut 06470. A complete list of TUVRNA sites recognized by OSHA
is available at https://www.osha.gov/dts/otpca/nrtl/tuv.html.

II. General Background on the Applications

    TUVRNA submitted two applications, one dated April 28, 2017 (OSHA-
2007-0042-0042) and another dated August 21, 2017 (OSHA-2007-0042-
0043), to expand recognition to include the addition of fourteen test
standards. OSHA staff performed a detailed analysis of the application
packets and reviewed other pertinent information. OSHA did not perform
any on-site reviews in relation to these applications.
    Table 1 lists the appropriate test standards found in TUVRNA's
applications for expansion for testing

and certification of products under the NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                   TUVRNA's NRTL Scope of Recognition
------------------------------------------------------------------------
            Test standard                     Test standard title
------------------------------------------------------------------------
UL 9540.............................  Standard for Energy Storage
                                       Systems and Equipment.
UL 283..............................  Air Fresheners and Deodorizers.
UL 962..............................  Household and Commercial
                                       Furnishings.
UL 2089.............................  Vehicle Battery Adapters.
UL 2738.............................  Standard for Induction Power and
                                       Transmitters and Receivers for
                                       Use with Low Energy Products.
UL 8750.............................  Standard for Light Emitting Diode
                                       (LED) Equipment for Use in
                                       Lighting Products.
UL 8752.............................  Organic Light Emitting Diode (LED)
                                       Panels.
UL 60950-21.........................  Information Technology Equipment--
                                       Safety--Part 21: Remote Power
                                       Feeding.
UL 60950-22.........................  Information Technology Equipment--
                                       Safety--Part 22: Equipment to be
                                       Installed Outdoors.
UL 60950-23.........................  Information Technology Equipment--
                                       Safety--Part 23: Large Data
                                       Storage Equipment.
UL 61010-2-030......................  Safety Requirements for Electrical
                                       Equipment for Measurement,
                                       Control and Laboratory Use--Part
                                       2-030: Particular Requirements
                                       for Testing and Measuring
                                       Circuits.
UL 61010-031........................  Electrical Equipment for
                                       Measurement, Control and
                                       Laboratory Use--Part 031: Safety
                                       Requirements for Hand-Held Probe
                                       Assemblies for Electrical
                                       Measurement and Test.
UL 61010-2-81.......................  Safety Requirements for Electrical
                                       Equipment for Measurement,
                                       Control and Laboratory Use--Part
                                       2-081: Particular Requirements
                                       for Automatic and Semi-Automatic
                                       Laboratory Equipment for Analysis
                                       and other Purposes.
UL 61010-2-091......................  Safety Requirements for Electrical
                                       Equipment for Measurement,
                                       Control and Laboratory Use--Part
                                       2-091: Particular Requirements
                                       for Cabinet X-Ray Systems.
------------------------------------------------------------------------

III. Preliminary Finding on the Applications

    TUVRNA submitted two acceptable applications for expansion of the
scope of recognition. OSHA's review of the application files indicates
that TUVRNA can meet the requirements prescribed by 29 CFR 1910.7 for
expanding recognition to include the addition of these fourteen test
standards for NRTL testing and certification. This preliminary finding
does not constitute an interim or temporary approval of TUVRNA's
applications.
    OSHA welcomes public comment as to whether TUVRNA meets the
requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL.
Comments should consist of pertinent written documents and exhibits.
Commenters needing more time to comment must submit a request in
writing, stating the reasons for the request by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified. To obtain or review copies
of the exhibits identified in this notice, as well as comments
submitted to the docket, contact the Docket Office, Occupational Safety
and Health Administration, U.S. Department of Labor, listed in
ADDRESSES. These materials also are available online at https://www.regulations.gov under Docket No. OSHA-2007-0042.
    OSHA staff will review all comments to the docket submitted in a
timely manner. After addressing the issues raised by these comments,
staff will make a recommendation to the Assistant Secretary of Labor
for Occupational Safety and Health on whether to grant TUVRNA's
applications for expansion of the scope of recognition. The Assistant
Secretary will make the final decision on granting the applications. In
making this decision, the Assistant Secretary may undertake other
proceedings prescribed in Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of this final decision in the
Federal Register.

Authority and Signature

    Amanda L. Edens, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice. Accordingly, the agency is issuing this notice pursuant to 29
U.S.C. 657(g)(2), Secretary of Labor's Order No. 8-2020 (85 FR 58393,
September 18, 2020) and 29 CFR 1910.7.

    Signed at Washington, DC, on January 28, 2021.
Amanda L. Edens,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-02210 Filed 2-2-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Rules and Regulations]
[Pages 53237-53239]
[FR Doc No: 2013-21004]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0339; Airspace Docket No. 12-AEA-15]
RIN 2120-AA66

Establishment of Area Navigation (RNAV) Routes; Washington, DC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes two new low-altitude RNAV routes,
designated T-287 and T-299, to enhance the flow of air traffic to the
west of the Washington-Dulles International Airport. Also, there is a
name change to one of the navigation fixes; an adjustment to the
coordinates of another navigation fix, and a change from a waypoint to
a fix for a navigation point.

DATES: Effective date 0901 UTC, October 17, 2013. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and ATC
Procedures Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On April 29, 2013, the FAA published in the Federal Register a
notice of

proposed rulemaking (NPRM) to establish two new RNAV routes in the
Washington, DC area (82 FR 25006). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal. One comment was received.

Discussion of Comments

    The Aircraft Owners and Pilots Association (AOPA) commented that
they do not support the establishment of T-287 and T-299 and advocated
that the FAA withdraw the proposal. AOPA contended that aircraft
already are able to circumnavigate the Washington-Dulles (IAD) arrival
flows by using existing Victor airways; thus, pilots will avoid use of
the proposed T-routes because they are inefficient and lack benefit.
    T-287 and T-299 were developed to allow aircraft to navigate via
routes that are procedurally separated from the NextGen Optimized
Profile Descent arrival procedures in the IAD area. While the new
routes may result in more track miles flown as compared to nearby V-
143, it should be noted that, during busy periods, Air Traffic Control
vectors aircraft on V-143 vectored off the airway to the west very near
the tracks of the new T-routes. Aircraft filed via V-377 will fly a
shorter distance and more direct routing with the new routes. T-287 and
T-299 allow for unrestricted optimized profile descents into the IAD
area. The routes were not designed to push traffic farther away from
Class B airspace, but to provide additional options for pilots and air
traffic controllers alike during weather and high volume traffic
periods. Since they mimic the tracks already used for vectoring
aircraft, the T-routes provide more consistent, predicable and precise
routing. The FAA believes that these routes do benefit both pilots and
air traffic controllers.
    AOPA further contended that T-routes must be established within
Class B airspace to retain an equivalent level of service and access
for general aviation. AOPA asserted that, if future T-route development
is limited to locations significantly outside the boundaries of Class B
airspace, general aviation will loose the limited access it currently
has.
    Originally, T-routes were developed to serve as ``Area Navigation
IFR Terminal Transition Routes (RITTR).'' RITTRs were intended to
provide more direct routing and expedite movement of aircraft around or
through congested terminal airspace areas (such as Class B airspace)
using RNAV capabilities. In 2007 the FAA decided to discontinue the use
of the term ``RITTR'' in favor of applying the ``T-route'' designator
to all published RNAV routes below 18,000 feet MSL, whether their
purpose is to provide more direct access through terminal airspace
(such as Class B) or as part of the low altitude en route structure.
This change does not alter the fact that T-routes may still be
established specifically to enable transit through Class B airspace
areas.
    AOPA criticized the Washington DC ``Optimization of Airspace and
Procedures in a Metroplex (OAPM)'' effort in that this rule did not
include T-routes through the Washington Tri-Area Class B airspace area.
AOPA suggested another location for a T-route through the Washington
Class B airspace area.
    This rule represents just one part of the DC OAPM effort. While a
separate DC OAPM rulemaking action included the establishment of two T-
routes (T-291 and T-295) through the east side of the Washington Tri-
Area Class B airspace (78 FR 37104, June 20, 2013), establishing T-
routes through the Class B airspace is outside the scope of this
specific rule. The Washington Tri-Area Class B area is currently under
review for possible modification in the future. An Ad Hoc Committee was
formed to recommend possible Class B changes to the FAA. The FAA is
reviewing the Committee's recommendations and will initiate further
public participation at a later date. The issue of access through the
Class B will be considered as part of that effort. It should be noted
that any future DC Class B modifications will be influenced by the
requirements of the ``Washington, DC Metropolitan Area Special Flight
Rules Area (14 CFR part 93, subpart V).''

Differences From the NPRM

    This rule corrects an error in the header line of the legal
description of RNAV route T-287, as published in the NPRM, by removing
the abbreviation ``(GVE).'' GVE was mistakenly inserted in the NPRM and
is not a part of the T-287 description. The coordinates for the WILMY
waypoint in T-287 were adjusted slightly along the track to facilitate
a more optimum minimum en route altitude. This rule also changes the
name of the ``HAANK'' waypoint in T-299 to ``UCREK.'' After the NPRM
was published, it was found that the name ``HAANK'' was unavailable.
The latitude/longitude coordinates for UCREK are the same as were
listed for HAANK in the NPRM. Also in T-299, the ``SCAPE'' navigation
point is changed from a ``waypoint'' to a ``fix.'' Except for these
corrections and editorial changes, this rule is the same as published
in the NPRM.

The Rule

    The FAA is amending Title 14, Code of Federal Regulations (14 CFR)
part 71 to establish two new RNAV routes (T-287 and T-299) west of the
Washington-Dulles International Airport (IAD) area. The new routes
support the Washington, DC Optimization of Airspace and Procedures in a
Metroplex (OAPM) project and enable aircraft to circumnavigate IAD
arrival flows. Aircraft transiting through the Washington, DC area are
routinely vectored to the west of the IAD area in order to separate
them from the major arrival flows into the IAD area. T-287 and T-299
are designed to mimic the flight paths currently used for vectoring
these transiting aircraft. The routes provide consistent and
predictable routing for aircraft to file and navigate while being
assured of separation from larger turbojet aircraft entering and
exiting the Washington, DC area. Further, the routes reduce air traffic
controller workload and enhance efficiency within the National Airspace
System.
    Low altitude RNAV routes are published in paragraph 6011 of FAA
Order 7400.9W dated August 8, 2012, and effective September 15, 2012,
which is incorporated by reference in 14 CFR 71.1. The RNAV routes
listed in this document will be published subsequently in the Order.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under Department of Transportation (DOT) Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as the anticipated impact is so
minimal. Since this is a routine matter that only affects air traffic
procedures and air navigation, it is certified that this rule, when
promulgated, does not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A,

Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of the airspace necessary to
ensure the safety of aircraft and the efficient use of airspace. This
regulation is within the scope of that authority as it establishes RNAV
routes to as required to preserve the safe and efficient flow of air
traffic in the Washington, DC area.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9W,
Airspace Designations and Reporting Points, dated August 8, 2012, and
effective September 15, 2012, is amended as follows:

Paragraph 6011 United States Area Navigation Routes

* * * * *

T-287 DENNN, VA to TOMYD, MD [New]

DENNN, VA                                    WP                             (Lat. 38[deg]05'06'' N., long. 078[deg]12'28'' W.)
CAARY, VA                                    WP                             (Lat. 38[deg]19'40'' N., long. 078[deg]23'37'' W.)
WILMY, VA                                    WP                             (Lat. 38[deg]32'30'' N., long. 078[deg]33'32'' W.)
KAIJE, VA                                    WP                             (Lat. 38[deg]44'35'' N., long. 078[deg]42'48'' W.)
BAMMY, WV                                    WP                             (Lat. 39[deg]24'33'' N., long. 078[deg]25'46'' W.)
REEES, PA                                    WP                             (Lat. 39[deg]47'52'' N., long. 077[deg]45'56'' W.)
TOMYD, MD                                    WP                             (Lat. 39[deg]40' 52'' N., long. 077[deg]08'26'' W.)

T-299 UCREK, VA to SCAPE, PA [New]

UCREK, VA                                    WP                             (Lat. 38[deg]01'33'' N., long. 079[deg]02'56'' W.)
KAIJE, VA                                    WP                             (Lat. 38[deg]44'35'' N., long. 078[deg]42'48'' W.)
BAMMY, WV                                    WP                             (Lat. 39[deg]24'33'' N., long. 078[deg]25'46'' W.)
REEES, PA                                    WP                             (Lat. 39[deg]47'52'' N., long. 077[deg]45'56'' W.)
SCAPE, PA                                    Fix                            (Lat. 39[deg]56'42'' N., long. 077[deg]32'12'' W.)

    Issued in Washington, DC, on August 21, 2013.
Gary A. Norek,
Manager, Airspace Policy and ATC Procedures Group.
[FR Doc. 2013-21004 Filed 8-28-13; 8:45 am]
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