UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on October 14, 2003

   NOTICE OF ACTION TAKEN -- DOCKET OST-2003-15805

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Joint Application of   Delta Air Lines, Inc. and Emirates    filed
7/29/03  for:

XX  Exemption for Delta under 49 U.S.C. 40109 to provide the following
service:

Scheduled foreign air transportation of persons, property, and mail
between a point or points in the United States and a point or points in
Qatar directly and via intermediate points, and beyond, and to integrate
such authority with its existing exemption and certificate authority.
Delta intends to operate this service pursuant to a reciprocal
code-share arrangement with Emirates.

XX  Statement of authorization for Delta under CFR Part 212 to:

Permit Delta to display the “EK” code of Emirates on flights
operated by Delta between (1) any point or points in the United States
and any point or points in the United Arab Emirates (either nonstop or
via intermediate points), (2) any points in the United States in
conjunction with foreign air transportation services held out by
Emirates, and (3) any point or points in the United States or the United
Arab Emirates and any point or points in any third country.

XX  Statement of authorization for Emirates under 14 CFR Part 212 to:

Permit Emirates to display the “DL” code of Delta on flights
operated by Emirates between (1) any point or points in the United
States and any point or points in the United Arab Emirates (either
nonstop or via intermediate points), (2) any points in the United Arab
Emirates, and (3) any point or points in the United Arab Emirates or the
United States and any point or points in any third country.

Applicant reps: Robert E. Cohn<PHONE_NUMBER> (DL)  DOT Analyst:
Sylvia Moore<PHONE_NUMBER>

                         Jeffrey A. Manley<PHONE_NUMBER> (Emirates)

D I S P O S I T I O N

XX  Deferred Delta’s request for exemption authority.  (See Remarks)

XX  Granted in part the Delta and Emirates statements of authorization
(subject to conditions, see

        below)

XX  Deferred on the statements of authorization to the extent they
involve authority for Doha

        and Bahrain.  (See Remarks)

2

The statements of authorization granted were effective when taken:
October 14, 2003, and will remain in effect indefinitely, subject to the
conditions listed below.

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and the United Arab Emirates.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Delta’s
certificates of public convenience and necessity

	   XX  Emirates’ foreign air carrier permit

_______________________

Remarks:  Delta and Emirates have listed Doha and Bahrain as points they
initially propose to serve in connection with their reciprocal
code-sharing arrangement pursuant to their requested statements of
authorization.  We are deferring action on Delta’s and Emirates’
request to operate code-share services involving Doha and Bahrain
pending receipt of the necessary security clearances.

The statements of authorization granted are subject to the following
conditions:

(a)	The statements of authorization will remain in effect only as long
as (i) Delta and Emirates continue to hold the necessary underlying
authority to operate the code-share services at issue, and (ii) the
code-share agreement providing for the code-share operations remains in
effect.

(b)	Delta and/or Emirates must promptly notify the Department (Office of
International Aviation) if the code-share agreement providing for the
code-share operations is no longer effective or if the carriers decide
to cease operating all or a portion of the approved code-share services.
 Such notices should be filed in Docket OST-2003-15805.

(c)	Delta and/or Emirates must notify the Department no later than 30
days before they begin any new code-share service under the code-share
services authorized here.  Such notice shall identify the market(s) to
be served, which carrier will be operating the aircraft in the
code-share market added, and the date on which the service will begin.
(Such notice should be filed in this Docket.)

 (d)	The code-sharing conducted under this authority must comply with
Part 257 and with any amendments to the Department’s regulations
concerning code-share arrangements that may be adopted.
Notwithstanding any provisions in the contract between the carriers, our
approval here is expressly conditioned upon the requirements that the
subject foreign air transportation be sold in the name of the

carrier holding out such service in the computer reservation systems and
elsewhere; that the carrier selling

such transportation (i.e., the carrier shown on the ticket) accept
responsibility for the entirety of the code-share journey for all
obligations established in its contract of carriage with the passenger;
and that the

passenger liability of the operating carrier be unaffected.  Further,
the operating carrier shall not permit the

code of its U.S. air carrier code-sharing partner to be carried on any
flights that enter, depart, or transit the airspace of any area for
whose airspace the Federal Aviation Administration has issued a flight
prohibition.

(e)	The authority to operate to third countries is subject to the
condition that any service provided under the statement of authorization
shall be consistent with all applicable agreements between the United
States and the foreign countries involved.  Furthermore, (i) nothing in
the award of this blanket statement of authorization should be construed
as conferring upon Delta rights (including code-share, fifth freedom
intermediate and/or beyond rights) to serve markets where U.S. carrier
entry is limited unless Delta notifies 3

the Department of its intent to serve such a market and unless and until
the Department has completed any necessary carrier selection procedures
to determine which carrier(s) should be authorized to exercise such

rights; and (ii) should there be a request by any carrier to use the
limited-entry route rights that are included in Delta’s authority by
virtue of the blanket statement of authorization granted here, but that
are not then being used by Delta, the holding of such authority will not
be considered as providing any preference for Delta in a competitive
carrier selection proceeding to determine which carrier(s) should be
entitled to use the authority at issue.

(f)	The authority granted here is specifically conditioned so that
neither Delta nor Emirates shall give any force or effect to any
contractual provisions between themselves that are contrary to these
conditions.

________________________________________________________________________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found Delta qualified to provide the
exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy, Policy and Conservation Act of 1975.
 To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

									Attachment A

Proposed Initial Routes

“EK” Code on Flights Operated by Delta

Between London (LGW) and

	Atlanta

	Cincinnati

Between Atlanta and

	Dallas/Ft. Worth

	Ft. Lauderdale

	Miami

	Orlando

Between Cincinnati and

	Chicago

	Seattle

“DL” Code on Flights Operated by Emirates (via authorized code-share
or wet lease)

Between London (LGW) and Dubai; and

Between Dubai and

	Bahrain, Bahrain*

	Doha, Qatar*

	Karachi, Pakistan

	Lahore, Pakistan

	Mumbai, India

_________

*Carriers are not permitted to operate to these points until an
assessment of these airports is conducted.

			Attachment B

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security.  To assure compliance with all applicable U.S.
Government requirements concerning security, the holder shall, before
commencing any new service (including charter flights) to or from a
foreign airport, contact its Principal Security Inspector (PSI) to
advise the PSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

									      08/2003

				Attachment C

Foreign Carrier Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its Principal Security Inspector (PSI) to advise the PSI of its
plans and to find out whether the Transportation Security Administration
has determined that security is adequate to allow such airport(s) to be
served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

										 08/2003

 See Attachment A for the routes Delta and Emirates initially propose to
serve.

 Id.

 In addition to the conditions specified in this Notice, the code-share
services authorized are subject to the code-share and wet lease
condition imposed on Emirates on July 1, 2003, in Docket OST-2000-7490,
whereby Emirates may exercise the authority only as part of a
Department-authorized code-share or wet lease arrangement with a duly
authorized and properly supervised carrier or carriers.

 The carriers have underlying authority to serve the other points listed
in Attachment A.

 We expect this notification to be received within 10 days of such
non-effectiveness or of such decision.

 The notice in paragraph (c) above can be used for this notification.

 We note that the code-share agreement as submitted did not include
provisions regarding exclusive dealings between the code-share parties.
Should the parties subsequently amend their code-share agreement or any
other agreement affecting the code-share services to include a provision
relating to an exclusive arrangement between the parties, that amended
language must first be submitted for consideration by the Department.


[Federal Register Volume 77, Number 241 (Friday, December 14, 2012)]
[Notices]
[Pages 74519-74520]
[FR Doc No: 2012-30326]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: [77 FR 73498,
December 10, 2012].

STATUS: Closed Meeting.

PLACE: 100 F Street NE., Washington, DC.

DATE AND TIME OF PREVIOUSLY ANNOUNCED MEETING: December 13, 2012 at
2:00 p.m.

CHANGE IN THE MEETING: Additional Item.
    The following matter will also be considered during the 2:00 p.m.
Closed Meeting scheduled for Thursday, December 13, 2012: A personnel
matter.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions as set
forth in 5 U.S.C. 552b(c)(2) and (6) and 17 CFR

200.402(a)(2) and (6), permit consideration of the scheduled matter at
the Closed Meeting.
    Commissioner Walter, as duty officer, voted to consider the item
listed for the Closed Meeting in closed session, and determined that no
earlier notice thereof was possible.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items. For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at<PHONE_NUMBER>.

    Dated: December 12, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-30326 Filed 12-12-12; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 176 (Tuesday, September 11, 2012)]
[Proposed Rules]
[Pages 55781-55783]
[FR Doc No: 2012-22295]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 167

[USCG-2011-0351]

Port Access Route Study: The Atlantic Coast from Maine to Florida

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability; interim report.

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

SUMMARY: The U. S. Coast Guard is making available an interim report
issued by the Atlantic Coast Port Access Route Study (ACPARS)
workgroup. The interim report provides status of the workgroup efforts
and the remaining requirements to complete the study. The Coast Guard
welcomes comments on the interim report or submission of additional
information for consideration by the workgroup.

DATES: Comments and related material must reach the Docket Management
Facility on or before October 11, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0351 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>. To avoid duplication, please use only one of
these four methods. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
of study contact Emile Benard, ACPARS Project Manager, telephone 757-
398-

6221, email<EMAIL_ADDRESS>or submit questions to
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Ms. Renee K. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    We encourage you to participate in this study by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

A. Submitting Comments

    If you submit comments, please include the docket number for this
rulemaking (USCG-2011-0351), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a telephone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Notice'' and enter ``USCG-2011-0351'' in the ``Keyword'' box. Click
``Search'' then click on the balloon shape in the ``Actions'' column
and type your comments. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8[frac12] by
11 inches, suitable for copying and electronic filing. If you submit
them by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period.

B. Viewing the Comments and Documents

    To view the comments and documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, click
on the ``read comments'' box, which will then become highlighted in
blue. In the ``Keyword'' box enter ``USCG-2011-0351'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
If you do not have access to the internet, you may view the docket
online by visiting the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

C. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
by the individual signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review a Privacy
Act, system of records notice regarding our public dockets in the
January 17, 2008, issue of the Federal Register (73 FR 3316).

II. Background and Purpose

    The Coast Guard announced in the Federal Register (76 FR 27288, May
11, 2011) that it was conducting a Port Access Route Study (PARS) to
evaluate the continued applicability of, and the need for modifications
to, current vessel routing measures or the creation of new routing
measures off the Atlantic Coast from Maine to Florida. The impetus for
the study was the Department of Interior's launch of the ``Smart from
the Start'' renewable energy initiative that began with planning for
wind development off the Atlantic Coast. The original comment period
closed on August 9, 2011. A second comment period was announced to
gather additional information and closed January 31, 2012. The initial
announcement contains definitions and useful background information
concerning the PARS. The public is encouraged to review the initial
announcement.
    The data gathered during the Atlantic Coast Port Access Route Study
(ACPARS) may result in establishment of one or more new vessel routing
measures, modification of existing routing measures, or
disestablishment of existing routing measures off the Atlantic Coast
from Maine to Florida. The goal of the ACPARS is to maintain or enhance
navigational safety by examining existing shipping routes and waterway
uses, and, to the extent practicable, reconcile the paramount right of
navigation within designated port access routes with other reasonable
waterway uses such as the leasing of outer continental shelf blocks for
the construction and operation of offshore renewable energy facilities.
The recommendations of the study may lead to future rulemaking action
or appropriate international agreements.
    The Coast Guard established the Atlantic Coast Port Access Route
Study Workgroup to carry out the study and also coordinate efforts to
support Coast Guard participation as a Cooperating Agency in the Bureau
of Ocean Energy Management's efforts to identify priority areas for
wind development.
    The progress of the WG to date, as well as what remains to be
accomplished have been compiled in an interim report dated July 13,
2012. The ACPARS Interim Report is being made available to the public
through this Federal Register notice. The report will be available on
the Federal Register docket and also on the ACPARS Web site at
www.uscg.mil/lantarea/acpars.

III. ACPARS Interim Report--Executive Summary

    The Atlantic Coast Port Access Route Study Workgroup (WG) was
chartered on 11 May 2011, and was given three objectives to complete
within the limits of available resources: (1) Determine whether the
Coast Guard should initiate actions to modify or create safety
fairways, Traffic Separation Schemes (TSSs) or other routing measures;
(2) Provide data, tools and/or methodology to assist in future
determinations of waterways suitability for proposed projects; and (3)
Develop, in the near term, Automated Identification System (AIS)
products and provide other support as necessary to assist Districts
with all emerging coastal and offshore energy projects. The WG has
conducted public and stakeholder outreach including two public comment
periods advertised in the Federal Register. The WG has faced challenges
in the lack of Coast Guard (CG) capability to fully analyze AIS data
and in identifying funding to perform modeling and analysis. This
resulted in an inability to predict changes in traffic patterns or
determine the resultant change in navigational safety risk given
different siting scenarios of offshore renewable energy installations.
However, the WG has developed a methodology for initially classifying
lease blocks as: not suitable (Red), may be suitable with more study
(Yellow) or suitable (Green), based on proximity to shipping routes.
This methodology has been used by the CG to provide input to the Bureau
of Ocean Energy Management (BOEM) regarding the potential impact to
navigation of areas being proposed for wind energy development. The WG
has determined, given the lack of complete AIS data and rudimentary
analysis to

date, that recommending even preliminary routing measures is not
appropriate at this time. The WG has concluded that modeling and
analysis, as described in the Phase 3 of the ACPARS interim report, is
critical to determine if routing measures are appropriate and to
evaluate the change in navigational safety risk resulting from
different siting and routing scenarios. The CG is working with BOEM to
develop a project to perform the Phase 3 modeling and analysis. This
project is scheduled to begin in late summer 2012. The Coast Guard is
also contracting the services of a Geographic Information System (GIS)
analyst to support efforts to better characterize vessel traffic and
further explore creating initial proposals for routing measures
independent of the Phase 3 modeling and analysis.
    This notice is issued under authority of 33 U.S.C. 1223(c) and 5
U.S.C. 552.

    Dated: August 31, 2012.
Robert C. Parker,
Vice Admiral, U.S. Coast Guard, Commander, Atlantic Area.
[FR Doc. 2012-22295 Filed 9-10-12; 8:45 am]
BILLING CODE 9110-04-P


                EPA ICR No.  1741.08; OMB Control No.  2070-0145

                                  ATTACHMENT 2

                        Inventory Reporting Regulations
                                   40 CFR 710

                      TITLE 40--PROTECTION OF ENVIRONMENT

                   CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY

                   PART 710--INVENTORY REPORTING REGULATIONS

 Sec. 710.1  Scope and compliance.

     (a) This part establishes regulations governing reporting by certain persons who manufacture, import, or process chemical substances for commercial purposes under section 8(a) of the Toxic Substances Control Act (15 U.S.C. 2607(a)). Section 8(a) authorizes the Administrator to require reporting of information necessary for administration of the Act and requires EPA to issue regulations for the purpose of compiling an inventory of chemical substances manufactured or processed for a commercial purpose, as required by section 8(b) of the Act. Following an initial reporting period, EPA published an initial inventory of chemical substances manufactured, processed or imported for commercial purposes. In accordance with section 8(b), EPA periodically amends the inventory to include new chemical substances which are manufactured or imported for a commercial purpose and reported under section 5(a)(1) of the Act. EPA also revises the categories of chemical substances and makes other amendments as appropriate.
     (b) Section 15(3) of TSCA makes it unlawful for any person to fail or refuse to submit information required under these reporting regulations. In addition, section 15(3) makes it unlawful for any person to fail to keep, and permit access to, records required by these regulations. Section 16 provides that any person who violates a provision of section 15 is liable to the United States for a civil penalty and may be criminally prosecuted. Pursuant to section 17, the Government may seek judicial relief to compel submission of section 8(a) information and to otherwise restrain any violation of section 15.
     Note: As a matter of traditional Agency policy, EPA does not intend to concentrate its enforcement efforts on insignificant clerical errors in reporting.
     (c) Each person who reports under these regulations shall maintain records that document information reported under these regulations and, in accordance with the Act, permit access to, and the copying of, such records by EPA officials.

 [42 FR 64572, Dec. 23, 1977, as amended at 45 FR 18375, Mar. 21, 1980; 60 FR 31921, June 19, 1995]

 Sec. 710.2  Definitions.

     In addition to the definitions in Sec. 704.3 in this chapter, the following definitions also apply to this part:
     (a) The following terms shall have the meaning contained in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321 et seq., and the regulations issued under such Act: Cosmetic, device, drug, food, and food additive. In addition, the term food includes poultry and poultry
 products, as defined in the Poultry Products Inspection Act, 21 U.S.C. 453 et seq.; meats and meat food products, as defined in the Federal Meat Inspection Act, 21 U.S.C. 60 et seq.; and eggs and egg products, as defined in the Egg Products Inspection Act, 21 U.S.C. 1033 et seq.
     (b) The term pesticide shall have the meaning contained in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq., and the regulations issued thereunder.
     (c) The following terms shall have the meaning contained in the Atomic Energy Act of 1954, 42 U.S.C. 2014 et seq., and the regulations issued thereunder: byproduct material, source material, and special nuclear material.
     (d) Act means the Toxic Substances Control Act, 15 U.S.C. 2601 et seq.
     (e) Administrator means the Administrator of the U.S. Environmental Protection Agency, any employee or authorized representative of the Agency to whom the Administrator may either herein or by order delegate his authority to carry out his functions, or any other person who shall
 by operation of law be authorized to carry out such functions.
     (f) An article is a manufactured item: (1) Which is formed to a specific shape or design during manufacture, (2) which has end use function(s) dependent in whole or in part upon its shape or design during end use, and (3) which has either no change of chemical composition during its end use or only those changes of composition which have no commercial purpose separate from that of the article and that may occur as described in Sec. 710.4(d)(5); except that fluids and particles are not considered articles regardless of shape or design.
     (g) Byproduct means a chemical substance produced without separate commercial intent during the manufacture or processing of another chemical substance(s) or mixture(s).
     (h) Chemical substance means any organic or inorganic substance of a particular molecular identity, including any combination of such substances occurring in whole or in part as a result of a chemical reaction or occurring in nature, and any chemical element or uncombined radical; except that "chemical substance" does not include:
     (1) Any mixture,
     (2) Any pesticide when manufactured, processed, or distributed in commerce for use as a pesticide,
     (3) Tobacco or any tobacco product, but not including any derivative products,
     (4) Any source material, special nuclear material, or byproduct material,
     (5) Any pistol, firearm, revolver, shells, and cartridges, and
     (6) Any food, food additive, drug, cosmetic, or device, when manufactured, processed, or distributed in commerce for use as a food, food additive, drug, cosmetic, or device.
     (i) Commerce means trade, traffic, transportation, or other commerce: (1) Between a place in a State and any place outside of such State, or (2) which affects trade, traffic, transportation, or commerce described in paragraph (i)(1) of this section.
     (j) Distribute in commerce and distribution in commerce when used to describe an action taken with respect to a chemical substance or mixture or article containing a substance or mixture, mean to sell or the sale of, the substance, mixture, or article in commerce; to introduce or deliver for introduction into commerce, or the introduction or delivery for introduction into commerce of, the substance, mixture, or article; or to hold, or the holding of, the substance, mixture, or article after its introduction into commerce.
     (k) EPA means the U.S. Environmental Protection Agency.
     (l) Importer means any person who imports any chemical substance or any chemical substance as part of a mixture or article into the customs territory of the U.S. and includes:
     (1) The person primarily liable for the payment of any duties on the merchandise, or
     (2) An authorized agent acting on his behalf (as defined in 19 CFR 1.11).
     (m) Impurity means a chemical substance which is unintentionally present with another chemical substance.
     (n) Intermediate means any chemical substance:
     (1) Which is intentionally removed from the equipment in which it is manufactured, and (2) which either is consumed in whole or in part in chemical reaction(s) used for the intentional manufacture of other chemical substance(s) or mixture(s), or is intentionally present for the purpose of altering the rate of such chemical reaction(s).
     Note: The equipment in which it was manufactured includes the reaction vessel in which the chemical substance was manufactured and other equipment which is strictly ancillary to the reaction vessel, and any other equipment through which the chemical substance may flow during a continuous flow process, but does not include tanks or other vessels in which the chemical substance is stored after its manufacture.
     (o) Manufacture means to produce or manufacture in the United States or import into the customs territory of the United States.
     (p) Manufacture or import "for commercial purposes" means to manufacture or import:
     (1) For distribution in commerce, including for test marketing purposes, or
     (2) For use by the manufacturer, including for use as an intermediate.
     (q) Mixture means any combination of two or more chemical substances if the combination does not occur in nature and is not, in whole or in part, the result of a chemical reaction; except that "mixture" does include:
     (1) Any combination which occurs, in whole or in part, as a result of a chemical reaction if the combination could have been manufactured for commercial purposes without a chemical reaction at the time the chemical substances comprising the combination were combined and if, after the effective date or premanufacture notification requirements, none of the chemical substances comprising the combination is a new chemical substance, and
     (2) Hydrates of a chemical substance or hydrated ions formed by association of a chemical substance with water.
     (r) New chemical substance means any chemical substance which is not included in the inventory compiled and published under subsection 8(b) of the Act.
     (s) Person means any natural or juridicial person including any individual, corporation, partnership, or association, any State or political subdivision thereof, or any municipality, any interstate body and any department, agency, or instrumentality of the Federal Government.
     (t) Process means the preparation of a chemical substance or mixture, after its manufacture, for distribution in commerce (1) in the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing such substance or mixture, or (2) as part of a mixture or article containing the chemical substance or mixture.
     (u) Process for ``commercial purposes'' means to process (1) for distribution in commerce, including for test marketing purposes, or (2) for use as an intermediate.
     (v) Processor means any person who processes a chemical substance or mixture.
     (w) Site means a contiguous property unit. Property divided only by a public right-of-way shall be considered one site. There may be more than one manufacturing plant on a single site. For the purposes of imported chemical substances, the site shall be the business address of the importer.
     (x) Small manufacturer or importer means a manufacturer or importer whose total annual sales are less than $5,000,000, based upon the manufacturer's or importer's latest complete fiscal year as of January 1, 1978, except that no manufacturer or importer is a "small manufacturer or importer" with respect to any chemical substance which such person manufactured at one site or imported in quantities greater than 100,000 pounds during calendar year 1977. In the case of a company which is owned or controlled by another company, total annual sales shall be based on the total annual sales of the owned or controlled company, the parent company, and all companies owned or controlled by the parent company taken together.
     Note: The purpose of the exception to the definition is to ensure that manufacturing and importers report production volumes for all chemical substances which they manufactured at one site or imported in quantities equal to or greater than 100,000 pounds during calendar year 1977.
     (y) Small quantities for purposes of scientific experimentation or analysis or chemical research on, or analysis of, such substance or another substance, including any such research or analysis for the development of a product (hereinafter sometimes shortened to small quantities for research and development) means quantities of a chemical substance manufactured, imported, or processed or proposed to be manufactured, imported, or processed that (1) are no greater than reasonably necessary for such purposes and (2) after the publication of the revised inventory, are used by, or directly under the supervision of, a technically qualified individual(s).
     Note: Any chemical substances manufactured, imported or processed in quantities less than 1,000 pounds annually shall be presumed to be manufactured, imported or processed for research and development purposes.
 No person may report for the inventory any chemical substance in such quantities unless that person can certify that the substance was not manufactured, imported, or processed solely in small quantities for research and development, as defined in this section.
     (z) State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, American Samoa, the Northern Mariana Islands, or any other territory or possession of the United States.
     (aa) Technically qualified individual means a person: (1) Who because of his education, training, or experience, or a combination of these factors, is capable of appreciating the health and environmental risks associated with the chemical substance which is used under his supervision, (2) who is responsible for enforcing appropriated methods of conducting scientific experimentation, analysis, or chemical research in order to minimize such risks, and (3) who is responsible for the safety assessments and clearances related to the procurement, storage, use, and disposal of the chemical substance as may be appropriate or required within the scope of conducting the research and development activity. The responsibilities in paragraph (aa)(3) of this section may be delegated to another individual, or other individuals, as long as each meets the criteria in paragraph (aa)(1) of this section.
     (bb) Test marketing means the distribution in commerce of no more than a predetermined amount of a chemical substance, mixture, or article containing that chemical substance or mixture, by a manufacturer or processor to no more than a defined number of potential customers to explore market capability in a competitive situation during a predetermined testing period prior to the broader distribution of that chemical substance, mixture or article in commerce.
     (cc) United States, when used in the geographic sense, means all of the States, territories, and possessions of the United States.
     (dd) Master Inventory File means EPA's comprehensive list of chemical substances which constitute the Chemical Substances Inventory compiled under section 8(b) of the Act. It includes substances reported under subpart A of this part and substances reported under part 720 of
 this chapter for which a Notice of Commencement of Manufacture or Import has been received under Sec. 720.120 of this chapter.
     (ee) Nonisolated intermediate means any intermediate that is not intentionally removed from the equipment in which it is manufactured, including the reaction vessel in which it is manufactured, equipment which is ancillary to the reaction vessel, and any equipment through which the substance passes during a continuous flow process, but not including tanks or other vessels in which the substance is stored after its manufacture.
     (ff) Site-limited means a chemical substance is manufactured and processed only within a site and is not distributed for commercial purposes as a substance or as part of a mixture or article outside the site. Imported substances are never site-limited.

 [42 FR 64572, Dec. 23, 1977, as amended at 60 FR 31921, June 19, 1995]

 Sec. 710.4  Scope of the inventory.

     (a) Chemical substances subject to these regulations. Only chemical substances which are manufactured, imported, or processed ``for a commercial purpose,'' as defined in Sec. 710.2, are subject to these regulations.
     (b) Naturally occurring chemical substances automatically included. Any chemical substance which is naturally occurring and:
     (1) Which is (i) unprocessed or (ii) processed only by manual, mechanical, or gravitational means; by dissolution in water; by flotation; or by heating solely to remove water; or
     (2) Which is extracted from air by any means, shall automatically be included in the inventory under the category ``Naturally Occurring Chemical Substances.'' Examples of such substances are: raw agricultural commodities; water, air, natural gas, and crude oil; and rocks, ores, and minerals.
     (c) Substances excluded by definition or section 8(b) of TSCA. The following substances are excluded from the inventory:
     (1) Any substance which is not considered a "chemical substance" as provided in subsection 3(2)(B) of the Act and in the definition of "chemical substance" in Sec. 710.2(h);
     (2) Any mixture as defined in Sec. 710.2(q);
     Note: A chemical substance that is manufactured as part of a mixture is subject to these reporting regulations. This exclusion applies only to the mixture and not to the chemical substances of which the mixture is comprised. The term ``mixture'' includes alloys, inorganic glasses, ceramics, frits, and cements, including Portland cement.
     (3) Any chemical substance which is manufactured, imported, or processed solely in small quantities for research and development, as defined in Sec. 710.2(y); and
     (4) Any chemical substance not manufactured, processed or imported for a commercial purpose since January 1, 1975.
     (d) Chemical substances excluded from the inventory. The following chemical substances are excluded from the inventory. Although they are considered to be manufactured or processed for a commercial purpose for the purpose of section 8 of the Act, they are not manufactured or processed for distribution in commerce as chemical substances per se and have no commercial purpose separate from the substance, mixture, or article of which they may be a part.
     Note: In addition, chemical substances excluded here will not be subject to premanufacture notification under section 5 of the Act.
     (1) Any impurity.
     (2) Any byproduct which has no commercial purpose.
     Note: A byproduct which has commercial value only to municipal or private organizations who (i) burn it as a fuel, (ii) dispose of it as a waste, including in a landfill or for enriching soil, or (iii) extract component chemical substances which have commercial value, may be reported for the inventory, but will not be subject to premanufacturing notification under section 5 of the Act if not included.
     (3) Any chemical substance which results from a chemical reaction that occurs incidental to exposure of another chemical substance, mixture, or article to environmental factors such as air, moisture, microbial organisms, or sunlight.
     (4) Any chemical substance which results from a chemical reaction that occurs incidental to storage of another chemical substance, mixture, or article.
     (5) Any chemical substance which results from a chemical reaction that occurs upon end use of other chemical substances, mixtures, or articles such as adhesives, paints, miscellaneous cleansers or other housekeeping products, fuels and fuel additives, water softening and treatment agents, photographic, films, batteries, matches, and safety flares, and which is not itself manufactured for distribution in commerce or for use as an intermediate.
     (6) Any chemical substance which results from a chemical reaction that occurs upon use of curable plastic or rubber molding compounds, inks, drying oils, metal finishing compounds, adhesives, or paints; or other chemical substances formed during manufacture of an article
 destined for the marketplace without further chemical change of the chemical substance except for those chemical changes that may occur as described elsewhere in this Sec. 710.4(d).
     (7) Any chemical substance which results from a chemical reaction that occurs when (i) a stabilizer, colorant, odorant, antioxidant, filler, solvent, carrier, surfactant, plasticizer, corrosion inhibitor, antifoamer or de-foamer, dispersant, precipitation inhibitor, binder, emulsifier, de-emulsifier, dewatering agent, agglomerating agent, adhesion promoter, flow modifier, pH neutralizer, sequesterant, coagulant, flocculant, fire retardant, lubricant, chelating agent, or quality control reagent functions as intended or (ii) a chemical substance, solely intended to impart a specific physicochemical characteristic, functions as intended.
     (8) Chemical substances which are not intentionally removed from the equipment in which they were manufactured.
     Note: See note to definition of "intermediate" at Sec. 710.2(n) for explanation of "equipment in which it was manufactured."

 [42 FR 64572, Dec. 23, 1977]

 Sec. 710.25  Chemical substances for which information must be reported.

     Any chemical substance which is in the Master Inventory File at the beginning of a reporting period described in Sec. 710.33, unless the chemical substance is specifically excluded by Sec. 710.26.

 [51 FR 21447, June 12, 1986]

 Sec. 710.26  Chemical substances for which information is not required.

     The following categories of chemical substances are excluded from the reporting requirements of this subpart. However, a chemical substance described in paragraphs (a), (b), or (c) of this section is not excluded from the reporting requirements of this subpart if that substance is the subject of a rule proposed or promulgated under section 4, 5(a)(2), 5(b)(4), or 6 of the Act, or is the subject of an order issued under section 5(e) or 5(f) of the Act, or is the subject of relief that has been granted under a civil action under section 5 or 7 of the Act.
     (a) Inorganic chemical substances. Any chemical substance which does not contain carbon or contains carbon only in the form of carbonato [=CO<INF>3</INF>], cyano [-CN], cyanato [-OCN], isocyano [-NC], or isocyanato [-NCO] groups, or the chalcogen analogues of such groups.
     (b) Polymers. (1) Any chemical substance described with the word fragments ``*polym*'', ``*alkyd'', or ``*oxylated'' in the Chemical Abstracts Service Index or Preferred Nomenclature in the Chemical Substance Identities section of the 1985 edition of the Inventory or in the Master Inventory File, where the asterisk (*) indicates that any sets of characters may precede, or follow, the character string defined.
     (2) Any chemical substance which is identified in the 1985 edition of the Inventory or the Master Inventory File as siloxane and silicone, silsesquioxane, a protein (albumin, casein, gelatin, gluten, hemoglobin), an enzyme, a polysaccharide (starch, cellulose, gum), rubber, or lignin. This exclusion, however, does not apply to a chemical substance which has been hydrolyzed, depolymerized, or chemically modified to the extent that the final product is no longer polymeric in structure.
     (c) Microorganisms. Any combination of chemical substances that is a living organism, such as bacteria, eimeria, fungi and yeasts. Any chemical substance produced from such a living organism is reportable unless otherwise excluded.
     (d) Naturally occurring chemical substances. Any naturally occurring chemical substance, as described in Sec. 710.4(b). The applicability of this exclusion is determined in each case by the specific activities of the person who manufactures the substance in question. Some chemical substances can be manufactured both as described in Sec. 710.4(b) and by means other than those described in Sec. 710.4(b). If a person described in Sec. 710.28 manufactures a chemical substance by means other than those described in Sec. 710.4(b), the person must report regardless of whether the substance also could have been produced as described in Sec. 710.4(b). Any chemical substance that is produced from such a naturally occurring chemical substance described in Sec. 710.4(b) is reportable unless otherwise excluded.

 [51 FR 21447, June 12, 1986]

 Sec. 710.28  Persons who must report.

     Except as provided in Secs. 710.29 and 710.30, the following persons are subject to the requirements of this subpart. Persons must determine whether they must report under this Sec. 710.28 for each chemical substance that they manufacture at an individual site.
     (a) Persons subject to initial reportinq. Any person who manufactured for commercial purposes 10,000 pounds (4,540 kilograms) or more of a chemical substance described in Sec. 710.25 at any single site owned or controlled by that person at any time during the person's latest complete corporate fiscal year before August 25, 1986.
     (b) Persons subject to recurring reporting. Any person who manufactured for commercial purposes 10,000 pounds (4,540 kilograms) or more of a chemical substance described in Sec. 710.25 at any single site owned or controlled by that person at any time during the person's latest complete corporate fiscal year before August 25, 1990, or before August 25 at four-year intervals thereafter.
     (c) Special provisions for importers. For purposes of paragraphs (a) and (b) of this section, the site for a person who imports a chemical substance described in Sec. 710.25 is the site of the operating unit within the person's organization which is directly responsible for importing the substance and which controls the import transaction. The import site may in some cases be the organization's headquarters in the U.S. (See also Sec. 710.35(b).)

 [51 FR 21447, June 12, 1986]

 Sec. 710.29  Persons not subject to this subpart.

     A person described in Sec. 710.2 8 is not subject to the requirements of this subpart if that person qualifies as a small manufacturer as that term is defined in Sec. 704.3 of this chapter. Notwithstanding this exclusion, a person who qualifies as a small manufacturer is subject to this subpart with respect to any chemical substance that is the subject of a rule proposed or promulgated under section 4, 5(b)(4), or 6 of the Act, or is the subject of an order in effect under section 5(e) of the Act, or is the subject of relief that has been granted under a civil action under section 5 or 7 of the Act.

 [51 FR 21447, June 12, 1986]

 Sec. 710.30  Activities for which reporting is not required.

     A person described in Sec. 710.28 is not subject to the requirements of this subpart with respect to any chemical substance described in Sec. 710.25 that the person manufactured or imported under the following circumstances:
     (a) The person manufactured or imported the chemical substance described in Sec. 710.25 solely in small quantities for research and development,
     (b) The person imported the chemical substance described in Sec. 710.25 as part of an article,
     (c) The person manufactured the chemical substance described in Sec. 710.25 in a manner described in Sec. 720.30(g) or (h) of this chapter.

 [51 FR 21447, June 12, 1986]

 Sec. 710.32  Reporting information to EPA.

     Any person who must report under this part must submit the information prescribed in this section for each chemical substance described in Sec. 710.25 that the person manufactured for commercial purposes in an amount of 10,000 pounds (4,540 kilograms) or more at a single site during a corporate fiscal year described in Sec. 710.28. (The site for a person who imports a chemical substance is the site of the operating unit within the person's organization which is directly responsible for importing the substance and which controls the import transaction, and may in some cases be the organization's headquarters office in the U.S.). A respondent to this subpart must report information in writing or by magnetic media as prescribed in this section, to the extent that such information is known to or reasonably ascertainable by that person. A respondent to this subpart must report information that applies to the specific corporate fiscal year for which the person is required to report.
     (a) Reporting in writing. Any person who chooses to report information to EPA in writing must do so by completing the reporting form available from EPA at the address set forth in Sec. 710.39(b). The form must include all information prescribed in paragraph (c) of this section. Persons reporting in writing must submit a separate form for each site for which the person is required to report.
     (b) Reporting by magnetic media. Any person who chooses to report information to EPA by means of magnetic media must submit the information prescribed in paragraph (c) of this section. Magnetic media submitted in response to this subpart must meet EPA specifications, as described in the instruction booklet available from EPA at the address set forth in Sec. 710.39(b).
     (c) Information to be reported. Persons reporting information under this subpart must report the following:
     (1) The name, company, address, city, State, Zip code, and telephone number of a person who will serve as technical contact for the respondent company, and will be able to answer questions about the information submitted by the company to EPA. Persons reporting by means of magnetic media must submit this information on the reporting form available from EPA at the
 address set forth in Sec. 710.39.
     (2) A certification statement signed and dated by an authorized official of the respondent company. Persons reporting by means of magnetic media must submit this information on the reporting form available from EPA at the address set forth in Sec. 710.39.
     (3) The specific chemical name and Chemical Abstracts Service (CAS) Registry Number of each chemical substance for which reporting is required under this subpart. A respondent to this subpart may use other chemical identification numbers in lieu of CAS Registry Numbers when a CAS Registry Number is not known to the respondent as provided in the instruction booklet identified in Sec. 710.39(b), including EPA-designated Accession Numbers for confidential substances, EPA-assigned numbers for bona fide or Premanufacture Notification submissions, or Test Market Exemption Applications, or original Inventory form numbers.
     (4) The name, street address, city, State, and Zip code of each site at which 10,000 pounds (4,540 kilograms) or more of a chemical substance for which reporting is required under this subpart is manufactured or imported. (The site for a person who imports a chemical substance is the site of the operating unit within the person's organization which is directly responsible for importing the substance and which controls the import transaction, and may in some cases be the organization's headquarters office in the U.S.) A respondent to this subpart must include the appropriate Dun and Bradstreet Number for each plant site reported.
     (5) A statement for each substance for which information is being submitted indicating whether the substance is manufactured in the United States or imported into the United States.
     (6) A statement for each substance for which information is being submitted indicating whether the substance is site-limited.
     (7) The total volume (in pounds) of each subject chemical substance manufactured or imported at each site. This amount must be reported to two significant figures of accuracy provided that the reported figures are within <plus-minus>10 percent of the actual volume.

 [55 FR 39587, Sept. 27, 1990, as amended at 60 FR 31921, June 19, 1995]

 Sec. 710.33  When to report.

     All information reported to EPA in response to the requirements of this subpart must be submitted during an applicable reporting period. The following reporting periods are prescribed for this subpart.
     (a) Initial reporting period. The first reporting period is from August 25, 1986 to December 23, 1986. Any person described in Sec. 710.28(a) must report during this period for each chemical substance described in Sec. 710.25 that the person manufactured during the corporate fiscal year described in Sec. 710.28(a).
     (b) Recurring reporting periods. The first recurring reporting period is from August 25, 1990 to December 23, 1990. Subsequent reporting periods, except as provided in paragraph (c) of this section, are from August 25 to December 23 at 4-year intervals thereafter. Any person described in Sec. 710.28(b) must report during the appropriate reporting period for each chemical substance described in Sec. 710.25 that the person manufactured during the applicable corporate fiscal year
 described in Sec. 710.28(b).
     (c) Reporting in 1998. The 1998 reporting period is from August 25, 1998 until January 31, 1999. Any person described in Sec. 710.28(b) must report during this reporting period for each chemical substance described in Sec. 710.25 that the person manufactured during the applicable corporate fiscal year described in Sec. 710.28(b). This reporting period is applicable to 1998 reporting only.

 [51 FR 21447, June 12, 1986: 51 FR 22521, June 20, 1986, as amended at 63 FR 71600, Dec. 29, 1998]

 Sec. 710.35  Duplicative reporting.

     (a) With regard to section 8(a) rules. Any person subject to the requirements of this part who previously has complied with reporting requirements of a rule under section 8(a) of the Act by submitting the information described in Sec. 710.32 for a chemical substance described in Sec. 710.25 to EPA, and has done so within one year of the start of a reporting period described in Sec. 710.33, is not required to report again on the manufacture of that substance at that site during that reporting period.
     (b) With regard to importers. This part requires that only one report be submitted on each import transaction involving a chemical substance described in Sec. 710.25. When two or more persons are involved in a particular import transaction and each person meets the Agency's definition of "importer" as set forth in Secs. 710.2(l) and 704.3 of this chapter, they may determine among themselves who should submit the required report; if no report is submitted as required under this part, EPA will hold each such person liable for failure to report.

 [51 FR 21447, June 12, 1986, as amended at 60 FR 31921, June 19, 1995]

 Sec. 710.37  Recordkeeping requirements.

     Each person who is subject to the reporting requirements of this part must maintain records that document any information reported to EPA. For substances that are manufactured or imported at less than 10,000 pounds annually, volume records must be maintained as evidence to support a decision not to submit a report. Records relevant to reporting during a reporting period described in Sec. 710.33 must be retained for a period of four years beginning with the effective date of that reporting period.

 [51 FR 21447, June 12, 1986, as amended at 58 FR 34204, June 23, 1993; 60 FR 31921, June 19, 1995]

 Sec. 710.38  Confidentiality.

     (a) Any person submitting information under this part may assert a business confidentiality claim for the information. The procedures for asserting confidentiality claims are described in the instruction booklet identified in Sec. 710.39. Information claimed as confidential in accordance with this section and those instructions will be treated and disclosed in accordance with the procedures in part 2 of this chapter.
     (b) A person may assert a claim of confidentiality for the chemical identity of a specific chemical substance only if the identity of that substance is treated as confidential in the Master Inventory File as of the time the report is submitted for that substance under this part.
     (c) To assert a claim of confidentiality for the chemical identity of a specific chemical substance, the person must take the following steps:
     (1) The person must submit with the report detailed written answers to the following questions signed and dated by an authorized official.
     (i) What harmful effects to your competitive position, if any, do you think would result from the identity of the chemical substance being disclosed in connection with reporting under this part? How could a competitor use such information? Would the effects of disclosure be substantial? What is the causal relationship between the disclosure and the harmful effects?
     (ii) How long should confidential treatment be given? Until a specific date, the occurrence of a specific event, or permanently? Why?
     (iii) Has the chemical substance been patented? If so, have you granted licenses to others with respect to the patent as it applies to the chemical substance? If the chemical substance has been patented and therefore disclosed through the patent, why should it be treated as confidential?
     (iv) Has the identity of the chemical substance been kept confidential to the extent that your competitors do not know it is being manufactured or imported for a commercial purpose by anyone?
     (v) Is the fact that the chemical substance is being manufactured or imported for a commercial purpose available to the public, for example in technical journals, libraries, or State, local, or Federal agency public files?
     (vi) What measures have you taken to prevent undesired disclosure of the fact that this chemical substance is being manufactured or imported for a commercial purpose?
     (vii) To what extent has the fact that this chemical substance is manufactured or imported for commercial purposes been revealed to others? What precautions have been taken regarding these disclosures? Have there been public disclosures or disclosures to competitors?
     (viii) Does this particular chemical substance leave the site of manufacture in any form, as product, effluent, emission, etc.? If so, what measures have you taken to guard against discovery of its identity?
     (ix) If the chemical substance leaves the site in a product that is available to the public or your competitors, can the substance be identified by analysis of the product?
     (x) For what purpose do you manufacture or import the substance?
     (xi) Has EPA, another Federal agency, or any Federal court made any pertinent confidentiality determinations regarding this chemical substance? If so, please attach copies of such determinations.
     (2) If any of the information contained in the answers to the questions is asserted to contain confidential business information, the person must mark that information as "trade secret," "confidential" or other appropriate designation.
     (d) If no claim of confidentiality accompanies information at the time it is submitted to EPA under this part or if substantiation required under paragraph (c) of this section is not submitted with the reporting form, EPA may make the information available to the public without further notice to the submitter.

 [51 FR 21447, June 12, 1986, as amended at 55 FR 39588, Sept. 27, 1990; 60 FR 31921, June 19, 1995]

 Sec. 710.39   How do I submit the required information for the 1998 reporting cycle?

     (a) Use the proper EPA form. You must use the EPA form identified as "Form U" to submit written information in response to the requirements of this subpart. Copies of the Form U are available from EPA at the address set forth in paragraph (c) of this section, from the EPA Internet Home Page at http://www.epa.gov/opptintr/iur98, or via Fax-on-Demand by using a faxphone to call<PHONE_NUMBER> and selecting item 5119.
     (b) Follow the reporting instructions. You should follow the detailed instructions for completing the reporting form and preparing a magnetic media report, which are given in the EPA publication entitled "Instructions for Reporting for Partial Updating of the TSCA Chemical Inventory Data Base," via the Internet or the TSCA Hotline.
     (c) Obtain the reporting package and copies of the form. EPA is mailing the reporting package to those companies that reported in 1994. Failure to receive a reporting package does not obviate or otherwise affect the requirement to submit a timely report. If you did not receive a reporting package, but are required to report, you may obtain a copy of the reporting package and the reporting form from EPA by submitting a request for this information as follows:
     (1) By phone. Call the EPA TSCA Hotline at<PHONE_NUMBER>, or TDD<PHONE_NUMBER>.
     (2) By e-mail. Send an e-mail request for this information to the EPA TSCA Hotline at<EMAIL_ADDRESS>     (3) By mail. Send a written request for this information to the following address: TSCA Hotline, Mail Code 7408, ATTN: Inventory Update Rule, Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
     (d) Submit the completed reports. You must submit your completed reporting form(s) and/or magnetic media to EPA at the following address: Document Control Officer, Mail Code 7407, ATTN: Inventory Update Rule, Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.

 [63 FR 45953, Aug. 28, 1998]


[Federal Register: July 11, 2008 (Volume 73, Number 134)]
[Notices]
[Page 39956-39957]
[DOCID:fr11jy08-37]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No.: 12548-002]

Hydrodynamics, Inc.; Notice of Paper Scoping and Soliciting
Scoping Comments and ERRATA to Tendering Notice

July 3, 2008.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Minor unconstructed project.
    b. Project No.: 12548-002.
    c. Date filed: April 1, 2008.
    d. Applicant: Hydrodynamics, Inc.
    e. Name of Project: Greenfield.
    f. Location: On the Greenfields Main Canal, part of the Bureau of
Reclamation's Sun River Irrigation Project, in Teton County, Montana,
near Fairfield, Montana.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).

    h. Applicant Contact: Roger Kirk, Hydrodynamics, Inc., P.O. Box
1136, Bozeman, MT 59771,<PHONE_NUMBER>.
    i. FERC Contact: Dianne Rodman, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426; telephone
(202) 502-6077 or by e-mail at<EMAIL_ADDRESS>    j. Deadline for filing scoping comments: August 4, 2008.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    Scoping comments may be filed electronically via the Internet in
lieu of paper. The Commission strongly encourages electronic filings.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site (http://www.ferc.gov) under the ``e-Filing'' link.
    k. This application is not ready for environmental analysis at this
time.
    l. The proposed Greenfield Project would be built at the
Greenfields Main Canal's Greenfield drop structure. The applicant
proposes to construct: (1) An inflatable weir spanning the width of the
canal; (2) an intake structure with trash rack and radial gate or stop-
log shut off; (3) a buried, 84-inch-diameter, 650-foot-long steel or
polyethylene penstock; (4) a powerhouse containing one Francis or
propeller (Reaction) turbine and one generator with a rated output of
600 kilowatts; (5) a tailrace about 7 feet long, returning flows to the
canal; (6) a switchyard; and (7) a 0.05-mile-long, 12-kilovolt
transmission line interconnecting with an existing powerline. Average
annual generation would be 1.5 gigawatt hours.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number, excluding the last three digits, in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filings/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    n. Scoping Process: The Commission intends to prepare an
Environmental Assessment (EA) on the project in accordance with the
National Environmental Policy Act of 1969, as amended.\1\ The EA will
consider both site-specific and cumulative environmental impacts and
reasonable alternatives to the proposed action.
---------------------------------------------------------------------------

    \1\ One EA will be prepared for the Woods Project (FERC No. P-
12540), Johnson Project, (FERC No. P-12545), Greenfield Project
(FERC No. P-12548) and A-Drop Project (FERC No. P-12549).
---------------------------------------------------------------------------

    Commission staff does not propose to conduct any on-site scoping
meetings at this time. Instead, we will solicit comments,
recommendations, information, and alternatives in the Scoping Document
(SD).
    Copies of the SD outlining the subject areas to be addressed in the
EA were distributed to the parties on the Commission's mailing list.
Copies of the SD may be viewed on the Web at http://www.ferc.gov using
the ``eLibrary'' link (see item m above).
    o. The tendering notice issued April 14, 2008, incorrectly stated
that the application for the Greenfield Project was filed on March 31,
2008. The correct filing date for the Greenfield Project application is
April 1, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-15789 Filed 7-10-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 152 (Tuesday, August 9, 2022)]
[Rules and Regulations]
[Pages 48444-48447]
[FR Doc No: 2022-16987]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 3 and 165

[Docket Number USCG-2022-0429]

Coast Guard Sector Guam; Sector Name Conforming Amendment

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: This rule makes non-substantive amendments to Coast Guard
regulations in association with a change

in the Coast Guard's internal organization. These amendments reflect
that U.S. Coast Guard Sector Guam has been renamed U.S. Coast Guard
Forces Micronesia/Sector Guam. This rule will have no substantive
effect on the regulated public.

DATES: This rule is effective August 9, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0429 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Sandra J. Miracle, U.S. Coast Guard; telephone 202-372-
3851, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AOR Area of responsibility
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OFCO Operating Facility Change Order
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Several years ago, the Coast Guard recognized the need to increase
force allocation to Sector Guam's area of responsibility and asset
presence in Oceania. The multi-year review of Sector Guam's missions
and engagements within the region highlighted that ``Sector Guam''
alone did not adequately capture the breadth and range of Coast Guard
operations and relationships throughout the U.S. Territories of Guam
and the Commonwealth of the Northern Mariana Islands, as well as the
Compact of Free Association States in Micronesia. The Coast Guard has
approved the name change to U.S. Coast Guard Forces Micronesia/Sector
Guam in order to acknowledge the long standing commitment to Oceania
partners and to reaffirm the multi-mission support that the Coast Guard
provides to ensure safety at sea and enhanced maritime governance.
    We did not publish a notice of proposed rulemaking (NPRM) before
this final rule. The Coast Guard finds that this rule is exempt from
notice and comment rulemaking requirements under 5 U.S.C. 553(b)(A)
because the changes it makes are conforming amendments involving agency
organization. The Coast Guard also finds good cause exists under 5
U.S.C. 553(b)(B) for not publishing an NPRM because the changes will
have no substantive effect on the public, and notice and comment are
therefore unnecessary. For the same reasons, the Coast Guard finds good
cause under 5 U.S.C. 553(d)(3) to make the rule effective fewer than 30
days after publication in the Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 14 U.S.C.
504(a)(2), as delegated at 33 CFR 1.05-1(h), to issue regulations
necessary to implement technical, organizational, and conforming
amendments and corrections to rules, regulations, and notices.
    On February 28, 2022, the Coast Guard changed the official unit
name of U.S. Coast Guard Sector Guam to U.S. Coast Guard Forces
Micronesia/Sector Guam. See Operating Facility Change Order (OFCO) No.
012-22, which is available in the docket for this rule. The previous
name of Sector Guam is described and reflected in regulations, which
also contain contact details and other references to Sector Guam. These
conforming amendments update those regulations so that they contain
current information.
    Under 14 U.S.C. 504(a)(2), the Commandant of the Coast Guard has
authority to establish and prescribe the purpose of Coast Guard Shore
establishments. This authority has been delegated to the Chief of the
Coast Guard's Office of Regulations and Administrative Law under 33 CFR
1.05-1(h).

IV. Discussion of the Rule

    OFCO No. 012-22, issued February 28, 2022, changed the name of U.S.
Coast Guard Sector Guam to U.S. Coast Guard Forces Micronesia/Sector
Guam. This rule simply reflects that name change in parts 3 and 165 of
Title 33 of the Code of Federal Regulations. Part 3 of 33 CFR describes
the location of U.S. Coast Guard districts, sectors, and Captain of the
Port (COTP) and Officer in Charge of Marine Inspections (OCMI) zones.
And part 165 contains regulations for regulated navigation areas,
safety zones, and security zones that make references to Captains of
the Port.
    The February 2022 OFCO did not change the area of responsibility
(AOR). The AOR of U.S. Coast Guard Forces Micronesia/Sector Guam is
identical to that of what was U.S. Coast Guard Sector Guam. All
authorities and responsibilities previously assigned to Commander, U.S.
Coast Guard Sector Guam have been assigned to Commander, U.S. Coast
Guard Forces Micronesia/Sector Guam. Additionally, all authorities that
were vested in the Commander, U.S. Coast Guard Sector Guam as it
pertains to the COTP, the OCMI, the Federal On Scene Coordinator, the
Federal Maritime Security Coordinator, and the Search and Rescue
Coordinator, have been assigned to Commander, U.S. Coast Guard Forces
Micronesia/Sector Guam.
    This rule does not change any sector, OCMI, or COTP zone boundary
lines, nor does it have any substantive impact on existing regulated
navigation area, safety zone, or security zone regulation, or any naval
vessel protection zones.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB), and pursuant to OMB guidance it is exempt from the requirements
of Executive Order 13771.
    This regulatory action determination is based on the finding that
the name change will have no substantive effect on the public.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    For the reasons stated in section V.A above, this rule will not
have a significant economic impact on any member of the public,
including ``small entities.''

    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of
1969(42 U.S.C. 4321-4370f), and have determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule consists only
of an organizational amendment. It is categorically excluded from
further review under paragraph L3 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01, Implementation of the
National Environmental Policy Act.

List of Subjects

33 CFR Part 3

    Organization and functions (Government agencies).

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 3 and 165 as follows:

PART 3--COAST GUARD AREAS, DISTRICTS, SECTORS, MARINE INSPECTION
ZONES, AND CAPTAIN OF THE PORT ZONES

0
1. The authority citation for part 3 is revised to read as follows:

    Authority:  14 U.S.C. 501, 504; Public Law 107-296, 116 Stat.
2135; Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.2.

0
2. Revise Sec.  3.70-15 to read as follows:

Sec.  3.70-15   U.S. Coast Guard Forces Micronesia/Sector Guam Marine
Inspection Zone and Captain of the Port Zone.

    U.S. Coast Guard Forces Micronesia/Sector Guam's office is located
in Santa Rita, Guam. The boundaries of U.S. Coast Guard Forces
Micronesia/Sector Guam's Marine Inspection Zone and Captain of the Port
Zone comprise the Territory of Guam and the adjacent waters of the EEZ,
and the Commonwealth of the Northern Mariana Islands and the adjacent
waters of the EEZ. U.S. Coast Guard Forces Micronesia/Sector Guam's
Marine Inspection Zone also includes the Republic of Palau, the
Republic of the Marshall Islands, and the Federated States of
Micronesia.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

Sec.  165.1401  [Amended]

0
4. In Sec.  165.1401(b)(3), remove the word ``Guam'' and add, in its
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.

Sec.  165.1402  [Amended]

0
5. In Sec.  165.1402 in paragraph (a) introductory text, remove the
word ``Guam'' and add, in its place, the words ``U.S. Coast Guard
Forces Micronesia/Sector Guam''.

Sec.  165.1404  [Amended]

0
6. In Sec.  165.1404(b), remove the word ``Guam'' and add, in its
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.

Sec.  165.1405  [Amended]

0
7. In Sec.  165.1405 in paragraphs (d)(1), (3) and (6), remove the word
``Guam'' and add, in its place, the words ``U.S. Coast Guard Forces
Micronesia/Sector Guam''.

Sec.  165.1416  [Amended]

0
8. In Sec.  165.1416(a), remove the word ``Guam'' and add, in its
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.

Sec.  165.1417  [Amended]

0
9. In Sec.  165.1417:
0
a. In paragraph (a), remove the word ``Guam'' and add, in its place,
the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''; and
0
b. In paragraph (b), remove the words ``Sector Guam'' and add, in their
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.

Sec.  165.1418  [Amended]

0
10. In Sec.  165.1418:
0
a. In paragraph (a), remove the words ``Guam Captain of the Port'' and
add, in its place, the words ``U.S. Coast Guard Forces Micronesia/
Sector Guam Captain of the Port''; and
0
b. In paragraph (b), remove the words ``Sector Guam'' and add, in their
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.

Sec.  165.1419  [Amended]

0
11. In Sec.  165.1419:
0
a. In paragraph (a), remove the words ``Captain of the Port Guam'' and
add, in their place, the words ``Captain of the Port U.S. Coast Guard
Forces Micronesia/Sector Guam''; and
0
b. In paragraph (b), remove the words ``Sector Guam'' and add, in their
place, the words ``U.S. Coast Guard Forces Micronesia/Sector Guam''.

    Dated: August 3, 2022.
Michael T. Cunningham,
Chief, Office of Regulations and Administrative Law.
[FR Doc. 2022-16987 Filed 8-8-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Notices]
[Pages 27325-27326]
[FR Doc No: 2019-12403]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2114-303]

Public Utility District No. 2 of Grant County, Washington; Notice
of Application Accepted for Filing, Soliciting Comments, Motions To
Intervene, and Protests

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

    a. Type of Application: Application for Non-capacity Amendment.
    b. Project No.: 2114-303.
    c. Date Filed: May 17, 2019, and supplemented on June 5, 2019.
    d. Applicant: Public Utility District No. 2 of Grant County,
Washington (Grant PUD).
    e. Name of Project: Priest Rapids Hydroelectric Project.
    f. Location: The proposed action is located on the mid-Columbia
River in Yakima County, Washington.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791-825r.
    h. Applicant Contact: Mr. Ross Hendrick, Grant PUD, P.O. Box 878,
Ephrata, WA 98823;<PHONE_NUMBER>; or<EMAIL_ADDRESS>    i. FERC Contact: Jennifer Polardino,<PHONE_NUMBER>, or
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: July 8, 2019.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC 20426. The first page of any filing
should include the docket number P-2114-303. Comments emailed to
Commission staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: To improve seismic stability of the
Priest Rapids Dam, Grant PUD requests to amend its license for the
Priest Rapids Project to create a separate embankment immediately
downstream of the existing dam, and structurally connected to the
existing embankment. This embankment would also include a new,
approximately 2,200-foot-long roller-compacted concrete dam; and an
approximately 150-foot-long, 25-foot-high secant pile cutoff wall and
connecting embankment. The existing embankment would remain in place.
Grant PUD says the proposed amendment would not affect normal dam
operations.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE, Room 2A, Washington, DC
20426, or by calling<PHONE_NUMBER>. This filing may also be viewed on
the Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above. Agencies may obtain copies of the application directly from
the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title COMMENTS, PROTEST, or MOTION TO
INTERVENE as applicable; (2) set forth in the heading, the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments, motions
to intervene, or protests must set forth their evidentiary basis. Any
filing made by an intervenor must be accompanied by proof of service on
all persons listed in the service list prepared by the Commission in
this proceeding, in accordance with 18 CFR 385.2010.

    Dated: June 6, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-12403 Filed 6-11-19; 8:45 am]
 BILLING CODE 6717-01-P