Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Notices 58229 

made in a prohibited off-the-record 

communication, and may request that 

the Commission place the prohibited 

communication and responses thereto 

in the decisional record. The 

Commission will grant such a request 

only when it determines that fairness so 

requires. Any person identified below as 

having made a prohibited off-the-record 

communication shall serve the 

document on all parties listed on the 

official service list for the applicable 

proceeding in accordance with Rule 

2010, 18 CFR 385.2010. 

Exempt off-the-record 

communications are included in the 

decisional record of the proceeding, 

unless the communication was with a 

cooperating agency as described by 40 

CFR 1501.6, made under 18 CFR 

385.2201(e)(1)(v). 

The following is a list of off-therecord communications recently 

received by the Secretary of the 

Commission. The communications 

listed are grouped by docket numbers in 

ascending order. These filings are 

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, please contact 

FERC, Online Support at 

FERCOnlineSupport@ferc.gov or toll 

free at (866) 208–3676, or for TTY, 

contact (202) 502–8659. 

EXEMPT

Docket No. File date Presenter or requester 

1. CP08–130–000, et al. .................................................................................................................... 9–16–08 Hon. Joe Barton. 

2. CP08–429–000 .............................................................................................................................. 9–17–08 Hon. Jon C. Porter. 

3. EC08–124–000 .............................................................................................................................. 9–17–08 Hon. Christopher S. Murphy. 

4. ER08–1113–000 ............................................................................................................................ 9–22–08 Hon. George Radanovich. 

5. ER08–1281–000 ............................................................................................................................ 9–16–08 Hon. Donald Kasprzak. 

6. ER08–1281–000 ............................................................................................................................ 9–18–08 Hon. Donald L. Carcieri. 

7. ER08–1281–000 ............................................................................................................................ 9–29–08 Hon. Charles Schumer.1

8. P–1864–083 ................................................................................................................................... 9–29–08 Jean Potvin. 

9. P–2210–169 ................................................................................................................................... 9–30–08 Warren D. Price.2

Mollie H. Holmes. 

10. P–13178–000 ............................................................................................................................... 9/17/08 Roger Eddy. 

11. PF08–6–000, CP08–431–000 ...................................................................................................... 9/23/08 Hon. George V. Voinovich. 

12. PF08–6–000, CP08–431–000 9/19/08 Hon. Sherrod Brown. 

1 Memo to file and record for September 17, 2008 meeting. 

2One of four letters/e-mails filed in the Smith Mountain Lake proceeding. The other commenters: John Lindsey, Karen and Jerry Over and 

Reba Dillon. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. E8–23505 Filed 10–3–08; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OW–FRL–8725–1] 

Beaches Environmental Assessment 

and Coastal Health Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Availability of 

National List of Beaches under the 

Beaches Environmental Assessment and 

Coastal Health Act. 

SUMMARY: This notice informs the public 

that EPA has updated the National List 

of Beaches pursuant to Section 406(g) of 

the Clean Water Act (CWA) as amended 

by the Beaches Environmental 

Assessment and Coastal Health 

(BEACH) Act. EPA is publishing this list 

under the title National List of Beaches. 

Section 406(g) requires EPA to publish 

a list of discrete coastal recreation 

waters adjacent to beaches or similar 

points of access that are used by the 

public and to update the list 

periodically as new information 

becomes available. The list specifies 

whether the waters are subject to a 

monitoring and notification program 

consistent with the performance criteria 

(National Beach Guidance and Required 

Performance Criteria for Grants June 

2002) EPA published under CWA 

section 406(a). The list contains 

information that coastal and Great Lakes 

States made available to EPA as of 

January 31, 2008, and it replaces the 

previous list that EPA published on May 

4, 2004. The National List of Beaches 

provides a national baseline of the 

extent of monitoring of waters adjacent 

to beaches or similar points of access, 

which will allow EPA to measure State 

program performance in implementing 

the monitoring and notification 

provisions of the BEACH Act. 

ADDRESSES: Address all inquiries 

concerning this document to Lars 

Wilcut, Environmental Scientist, Office 

of Science and Technology, Mail Code 

4305T, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. 

FOR FURTHER INFORMATION CONTACT: Lars 

Wilcut, (202) 566–0447, 

wilcut.lars@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Interested Entities 

This notice may be of interest to State 

and local beach managers, the general 

public, and environmental organizations 

concerned with public health at 

beaches. 

B. What is the Statutory Authority for 

the National List of Beaches? 

The BEACH Act, signed into law on 

October 10, 2000, incorporated new 

provisions in the Clean Water Act to 

reduce the risk of illness to users of the 

nation’s coastal recreation waters. 

Section 406(g) of the Clean Water Act, 

as amended by the BEACH Act, Public 

Law 106–284, 114 Stat. 970 (2000), 

states: 

‘‘(g) LIST OF WATERS.— 

‘‘(1) IN GENERAL.— Beginning not later 

than 18 months after the date of publication 

of performance criteria under subsection (a), 

based on information made available to the 

Administrator, the Administrator shall 

identify, and maintain a list of, discrete 

coastal recreation waters adjacent to beaches 

or similar points of access that are used by 

the public that— 

‘‘(A) specifies any waters described in this 

paragraph that are subject to a monitoring 

and notification program consistent with the 

performance criteria established under 

subsection (a); and 


jlentini on PROD1PC65 with NOTICES
58230 Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Notices 

‘‘(B) specifies any waters described in this 

paragraph for which there is no monitoring 

and notification program (including waters 

for which fiscal constraints will prevent the 

State or the Administrator from performing 

monitoring and notification consistent with 

the performance criteria established under 

subsection (a)). 

‘‘(2) AVAILABILITY.—The Administrator 

shall make the list described in paragraph (1) 

available to the public through— 

‘‘(A) publication in the Federal Register; 

and 

‘‘(B) electronic media. 

‘‘(3) UPDATES.—The Administrator shall 

update the list described in paragraph (1) 

periodically as new information becomes 

available.’’ 

C. How did EPA obtain this 

information? 

EPA provides federal grant funds to 

assist coastal and Great Lakes States and 

Territories in the implementation of 

their beach monitoring and notification 

programs. In developing these programs, 

States and Territories created lists of 

their coastal recreation waters, 

including those waters adjacent to 

beaches and other similar points of 

access, and identified whether there is 

a monitoring program for each beach. 

EPA assisted States through workshops 

and telephone contact with Regional 

Beach Coordinators and Headquarters 

personnel. States then submitted their 

lists to EPA. EPA compiled the 

submissions and made the information 

available to the public on May 4, 2004 

(69 FR24597). 

Since 2004, coastal and Great Lakes 

States have updated this information as 

part of their annual submission of beach 

monitoring and notification data to EPA. 

EPA is now publishing the most current 

update to this information based on the 

States’ beach monitoring and 

notification data for the 2007 beach 

season. 

D. How will EPA use this National List 

of Beaches? 

The National List of Beaches provides 

EPA a national baseline of the extent of 

monitoring of waters adjacent to 

beaches or similar points of access, 

which will allow EPA to measure 

improvements in monitoring and 

notification at all coastal and Great Lake 

beaches. It will also help EPA determine 

how to improve implementation of the 

BEACH Act. The list provides 

information to the public identifying the 

beaches in their State and whether they 

are monitored. In 2007, States and 

Territories identified a total of 6,247 

beaches, the waters of 3,655 of those 

beaches were monitored and the waters 

of 2,592 of those beaches were not 

monitored. EPA continues to work with 

states to compile additional information 

and integrate the National List of 

Beaches with other program information 

such as frequency of monitoring and 

beach location and length. 

E. How may you look at or get a copy 

of this list? 

The National List of Beaches is 

available on EPA’s Web site at: http:// 

www.epa.gov/waterscience/beaches/. 

Copies of the document can also be 

obtained by writing, calling, or emailing: Office of Water Resources 

Center, U.S. Environmental Protection 

Agency, Mail Code 4100T, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. (Phone: 202– 

566–1731 or e-mail: center.waterresource@epa.gov). 

F. How do I find more information about 

my State’s or Territory’s List of Beaches? 

The 35 States subject to the BEACH 

Act amendments to the Clean Water Act 

provided the information that EPA used 

to compile the National List of Beaches. 

State and Territory contacts are 

identified along with each State’s or 

Territory’s list. 

G. How will this list change? 

EPA intends to update this list 

periodically based on information 

received from States. EPA will publish 

notice in the Federal Register of any 

revisions to the National List of 

Beaches. 

Dated: September 30, 2008. 

Benjamin H. Grumbles, 

Assistant Administrator for Water. 

[FR Doc. E8–23555 Filed 10–3–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2008–0721; FRL–8385–4] 

Certain New Chemicals; Receipt and 

Status Information 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: Section 5 of the Toxic 

Substances Control Act (TSCA) requires 

any person who intends to manufacture 

(defined by statute to include import) a 

new chemical (i.e., a chemical not on 

the TSCA Inventory) to notify EPA and 

comply with the statutory provisions 

pertaining to the manufacture of new 

chemicals. Under sections 5(d)(2) and 

5(d)(3) of TSCA, EPA is required to 

publish a notice of receipt of a 

premanufacture notice (PMN) or an 

application for a test marketing 

exemption (TME), and to publish 

periodic status reports on the chemicals 

under review and the receipt of notices 

of commencement to manufacture those 

chemicals. This status report, which 

covers the period from August 18, 2008 

through September 12, 2008, consists of 

the PMNs and TME, both pending or 

expired, and the notices of 

commencement to manufacture a new 

chemical that the Agency has received 

under TSCA section 5 during this time 

period. This status report, also includes 

a PMN and TME that were inadvertently 

ommitted from a previous report that 

covered the period from August 4, 2008 

through August 15, 2008. 

DATES: Comments identified by the 

specific PMN number or TME number, 

must be received on or before November 

5, 2008. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2008–0721, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave., NW., 

Washington, DC. Attention: Docket ID 

Number EPA–HQ–OPPT–2008–0721. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2008–0721. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 


jlentini on PROD1PC65 with NOTICES