Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 4025 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339. 

[FR Doc. E9–1145 Filed 1–21–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Office of Safe and Drug-Free Schools; 

Overview Information; Safe and DrugFree Schools and Communities 

(SDFSC) Programs for Native 

Hawaiians; Notice Inviting Applications 

for New Awards Using Fiscal Year (FY) 

2008 Funds 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 84.186C. 

DATES: Applications Available: January 

22, 2009. 

Deadline for Transmittal of 

Applications: March 9, 2009. 

Deadline for Intergovernmental 

Review: May 7, 2009. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: SDFSC Programs 

for Native Hawaiians awards grants to 

organizations primarily serving and 

representing Native Hawaiians to plan, 

conduct, and administer programs to 

prevent or reduce violence, the use, 

possession and distribution of illegal 

drugs, or delinquency. 

Priority: In accordance with 34 CFR 

75.105(b)(2)(iv), this priority is from 

sections 4115(b)(1)(C)(i) and 4117(c)(1) 

of the Elementary and Secondary 

Education Act of 1965, as amended 

(ESEA) (20 U.S.C. 7115 and 7117). 

Absolute Priority: For FY 2009 and 

any subsequent year in which we make 

awards from the list of unfunded 

applicants from this competition, this 

priority is an absolute priority. Under 34 

CFR 75.105(c)(3) we consider only 

applications that meet this priority. 

This priority is: 

Projects to plan, conduct, and 

administer programs for Native 

Hawaiian youth to prevent or reduce 

violence, the use, possession and 

distribution of illegal drugs, or 

delinquency. 

Definition: The following definition is 

from section 4117(b) of the ESEA and 

applies to this competition: 

Native Hawaiian means any 

individual any of whose ancestors were 

natives, prior to 1778, of the area that 

now comprises the State of Hawaii. 

Program Authority: 20 U.S.C. 7117. 

Applicable Regulations: The 

Education Department General 

Administrative Regulations (EDGAR) in 

34 CFR parts 74, 75, 77, 79, 80, 81, 82, 

84, 85, 86, 97, 98, 99, and 299. 

Note: The regulations in 34 CFR part 79 

apply to all applicants except federally 

recognized Indian tribes. 

Note: The regulations in 34 CFR part 86 

apply to institutions of higher education 

only. 

II. Award Information 

Type of Award: Discretionary grants. 

Estimated Available Funds: $579,518. 

Contingent upon the availability of 

funds and the quality of applications, 

we may make additional awards later in 

FY 2009 and in FY 2010 from the list 

of unfunded applicants from this 

competition. 

Estimated Range of Awards: 

$250,000–$300,000. 

Estimated Average Size of Awards: 

$289,759. 

Estimated Number of Awards: 2. 

Note: The Department is not bound by any 

estimates in this notice. 

Project Period: Up to 60 months. 

III. Eligibility Information 

1. Eligible Applicants: Organizations 

primarily serving and representing 

Native Hawaiians for the benefit of 

Native Hawaiians. 

Note: In accordance with section 4117(b) of 

the ESEA, Native Hawaiian means any 

individual any of whose ancestors were 

natives, prior to 1778, of the area that now 

comprises the State of Hawaii. 

2. Cost Sharing or Matching: This 

competition does not require cost 

sharing or matching. 

3. Other: a. Equitable Participation by 

Private School Children and Teachers: 

Section 9501 of the (ESEA) (20 U.S.C. 

7881), requires that State educational 

agencies (SEAs), local educational 

agencies (LEAs), or other entities 

receiving funds under the Safe and 

Drug-Free Schools and Communities 

Act provide for the equitable 

participation of private school children, 

their teachers, and other educational 

personnel in private schools located in 

areas served by the grant recipient. In 

order to ensure that grant program 

activities address the needs of private 

school children, applicants must engage 

in timely and meaningful consultation 

with private school officials during the 

design and development of the program. 

This consultation must take place before 

any decision is made that affects the 

opportunities of eligible private school 

children, teachers, and other 

educational personnel to participate. 

In order to ensure equitable 

participation of private school children, 

teachers, and other educational 

personnel, an applicant must consult 

with private school officials on 

preventing or reducing violence, the 

use, possession and distribution of 

illegal drugs, or delinquency, and 

related issues for private schools in the 

applicant’s service area. 

b. Principles of Effectiveness: 

Programs, activities, and strategies 

implemented with funds awarded under 

this competition must meet the 

requirements of the principles of 

effectiveness described in section 

4115(a) of the ESEA (20 U.S.C. 7115(a)). 

c. Maintenance of Effort: Section 9521 

of the ESEA requires that LEAs may 

receive a grant only if the SEA finds that 

the combined fiscal effort per student or 

the aggregate expenditures of the LEA 

and the State with respect to the 

provision of free public education by 

the LEA for the preceding fiscal year 

was not less than 90 percent of the 

combined effort or aggregate 

expenditures for the second preceding 

fiscal year. 

IV. Application and Submission 

Information 

1. Address to Request Application 

Package: You can obtain an application 

package via the Internet or from the 

program office. To obtain a copy via the 

Internet, use the following address: 

http://www.ed.gov/fund/grant/apply/

grantapps/index.html. To obtain a copy 

from the program office, contact: Pat 

Rattler, U.S. Department of Education, 

400 Maryland Avenue, SW., room 

10073, Potomac Center Plaza (PCP), 

Washington, DC 20202–4260. 

Telephone: (202) 245–7893 or by e-mail: 

pat.rattler@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll free, at 

1–800–877–8339. 

Individuals with disabilities can 

obtain a copy of the application package 

in an accessible format (e.g., Braille, 

large print, audiotape, or computer 

diskette) by contacting the program 

contact person in this section. 

2. Content and Form of Application 

Submission: Requirements concerning 

the content of an application, together 

with the forms you must submit, are in 

the application package for this 

competition. 

3. Submission Dates and Times: 

Applications Available: January 22, 

2009. 

Deadline for Transmittal of 

Applications: March 9, 2009. 

Applications for grants under this 

competition may be submitted 

electronically using the Grants.gov 

Apply site (Grants.gov), or in paper 

format by mail or hand delivery. For 

information (including dates and times) 

about how to submit your application 


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4026 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 

electronically, or in paper format by 

mail or hand delivery, please refer to 

section IV.6. Other Submission 

Requirements of this notice. 

We do not consider an application 

that does not comply with the deadline 

requirements. 

Individuals with disabilities who 

need an accommodation or auxiliary aid 

in connection with the application 

process should contact the person listed 

under FOR FURTHER INFORMATION

CONTACT in section VII in this notice. If 

the Department provides an 

accommodation or auxiliary aid to an 

individual with a disability in 

connection with the application 

process, the individual’s application 

remains subject to all other 

requirements and limitations in this 

notice. 

Deadline for Intergovernmental 

Review: May 7, 2009. 

4. Intergovernmental Review: This 

competition is subject to Executive 

Order 12372 and the regulations in 34 

CFR part 79. Information about 

Intergovernmental Review of Federal 

Programs under Executive Order 12372 

is in the application package for this 

competition. 

5. Funding Restrictions: We reference 

regulations outlining funding 

restrictions in the Applicable 

Regulations section in this notice. 

6. Other Submission Requirements: 

Applications for grants under this 

competition may be submitted 

electronically or in paper format by mail 

or hand delivery. 

a. Electronic Submission of 

Applications. We are participating as a 

partner in the Governmentwide 

Grants.gov Apply site. The SDFSC 

Programs for Native Hawaiians 

competition, CFDA Number 84.186C, is 

included in this project. We request 

your participation in Grants.gov. 

If you choose to submit your 

application electronically, you must use 

the Governmentwide Grants.gov Apply 

site at http://www.Grants.gov. Through 

this site, you will be able to download 

a copy of the application package, 

complete it offline, and then upload and 

submit your application. You may not 

e-mail an electronic copy of a grant 

application to us. 

You may access the electronic grant 

application for the SDFSC Programs for 

Native Hawaiians competition at 

http://www.Grants.gov. You must search 

for the downloadable application 

package for this competition by the 

CFDA number. Do not include the 

CFDA number’s alpha suffix in your 

search (e.g., search for 84.186, not 

84.186C). 

Please note the following: 

• Your participation in Grants.gov is 

voluntary. 

• When you enter the Grants.gov site, 

you will find information about 

submitting an application electronically 

through the site, as well as the hours of 

operation. 

• Applications received by Grants.gov 

are date and time stamped. Your 

application must be fully uploaded and 

submitted and must be date and time 

stamped by the Grants.gov system no 

later than 4:30:00 p.m., Washington, DC 

time, on the application deadline date. 

Except as otherwise noted in this 

section, we will not accept your 

application if it is received—that is, date 

and time stamped by the Grants.gov 

system—after 4:30:00 p.m., Washington, 

DC time, on the application deadline 

date. We do not consider an application 

that does not comply with the deadline 

requirements. When we retrieve your 

application from Grants.gov, we will 

notify you if we are rejecting your 

application because it was date and time 

stamped by the Grants.gov system after 

4:30:00 p.m., Washington, DC time, on 

the application deadline date. 

• The amount of time it can take to 

upload an application will vary 

depending on a variety of factors, 

including the size of the application and 

the speed of your Internet connection. 

Therefore, we strongly recommend that 

you do not wait until the application 

deadline date to begin the submission 

process through Grants.gov. 

• You should review and follow the 

Education Submission Procedures for 

submitting an application through 

Grants.gov that are included in the 

application package for this competition 

to ensure that you submit your 

application in a timely manner to the 

Grants.gov system. You can also find the 

Education Submission Procedures 

pertaining to Grants.gov at http://eGrants.ed.gov/help/

GrantsgovSubmissionProcedures.pdf. 

• To submit your application via 

Grants.gov, you must complete all steps 

in the Grants.gov registration process 

(see http://www.grants.gov/applicants/

get_registered.jsp). These steps include 

(1) Registering your organization, a 

multi-part process that includes 

registration with the Central Contractor 

Registry (CCR); (2) registering yourself 

as an Authorized Organization 

Representative (AOR); and (3) getting 

authorized as an AOR by your 

organization. Details on these steps are 

outlined in the Grants.gov 3-Step 

Registration Guide (see http://www.

grants.gov/section910/Grants.gov

RegistrationBrochure.pdf). You also 

must provide on your application the 

same D-U-N-S Number used with this 

registration. Please note that the 

registration process may take five or 

more business days to complete, and 

you must have completed all 

registration steps to allow you to submit 

successfully an application via 

Grants.gov. In addition you will need to 

update your CCR registration on an 

annual basis. This may take three or 

more business days to complete. 

• You will not receive additional 

point value because you submit your 

application in electronic format, nor 

will we penalize you if you submit your 

application in paper format. 

• If you submit your application 

electronically, you must submit all 

documents electronically, including all 

information you typically provide on 

the following forms: Application for 

Federal Assistance (SF 424), the 

Department of Education Supplemental 

Information for SF 424, Budget 

Information—Non-Construction 

Programs (ED 524), and all necessary 

assurances and certifications. 

• If you submit your application 

electronically, you must attach any 

narrative sections of your application as 

files in a .DOC (document), .RTF (rich 

text), or .PDF (Portable Document) 

format. If you upload a file type other 

than the three file types specified in this 

paragraph or submit a passwordprotected file, we will not review that 

material. 

• Your electronic application must 

comply with any page-limit 

requirements described in this notice. 

• After you electronically submit 

your application, you will receive from 

Grants.gov an automatic notification of 

receipt that contains a Grants.gov 

tracking number. (This notification 

indicates receipt by Grants.gov only, not 

receipt by the Department.) The 

Department then will retrieve your 

application from Grants.gov and send a 

second notification to you by e-mail. 

This second notification indicates that 

the Department has received your 

application and has assigned your 

application a PR/Award number (an EDspecified identifying number unique to 

your application). 

• We may request that you provide us 

original signatures on forms at a later 

date. 

Application Deadline Date Extension 

in Case of Technical Issues with the 

Grants.gov System: If you are 

experiencing problems submitting your 

application through Grants.gov, please 

contact the Grants.gov Support Desk, 

toll free, at 1–800–518–4726. You must 

obtain a Grants.gov Support Desk Case 

Number and must keep a record of it. 

If you are prevented from 

electronically submitting your 


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Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 4027 

application on the application deadline 

date because of technical problems with 

the Grants.gov system, we will grant you 

an extension until 4:30:00 p.m., 

Washington, DC time, the following 

business day to enable you to transmit 

your application electronically or by 

hand delivery. You also may mail your 

application by following the mailing 

instructions described elsewhere in this 

notice. 

If you submit an application after 

4:30:00 p.m., Washington, DC time, on 

the application deadline date, please 

contact the person listed under FOR

FURTHER INFORMATION CONTACT in 

section VII in this notice and provide an 

explanation of the technical problem 

you experienced with Grants.gov, along 

with the Grants.gov Support Desk Case 

Number. We will accept your 

application if we can confirm that a 

technical problem occurred with the 

Grants.gov system and that that problem 

affected your ability to submit your 

application by 4:30:00 p.m., 

Washington, DC time, on the 

application deadline date. The 

Department will contact you after a 

determination is made on whether your 

application will be accepted. 

Note: The extensions to which we refer in 

this section apply only to the unavailability 

of, or technical problems with, the Grants.gov 

system. We will not grant you an extension 

if you failed to fully register to submit your 

application to Grants.gov before the 

application deadline date and time or if the 

technical problem you experienced is 

unrelated to the Grants.gov system. 

b. Submission of Paper Applications 

by Mail. 

If you submit your application in 

paper format by mail (through the U.S. 

Postal Service or a commercial carrier), 

you must mail the original and two 

copies of your application, on or before 

the application deadline date, to the 

Department at the following address: 

U.S. Department of Education, 

Application Control Center, Attention: 

(CFDA Number 84.186C), LBJ Basement 

Level 1, 400 Maryland Avenue, SW., 

Washington, DC 20202–4260. 

You must show proof of mailing 

consisting of one of the following: 

(1) A legibly dated U.S. Postal Service 

postmark. 

(2) A legible mail receipt with the 

date of mailing stamped by the U.S. 

Postal Service. 

(3) A dated shipping label, invoice, or 

receipt from a commercial carrier. 

(4) Any other proof of mailing 

acceptable to the Secretary of the U.S. 

Department of Education. 

If you mail your application through 

the U.S. Postal Service, we do not 

accept either of the following as proof 

of mailing: 

(1) A private metered postmark. 

(2) A mail receipt that is not dated by 

the U.S. Postal Service. 

If your application is postmarked after 

the application deadline date, we will 

not consider your application. 

Note: The U.S. Postal Service does not 

uniformly provide a dated postmark. Before 

relying on this method, you should check 

with your local post office. 

c. Submission of Paper Applications 

by Hand Delivery. 

If you submit your application in 

paper format by hand delivery, you (or 

a courier service) must deliver the 

original and two copies of your 

application by hand, on or before the 

application deadline date, to the 

Department at the following address: 

U.S. Department of Education, 

Application Control Center, Attention: 

(CFDA Number 84.186C), 550 12th 

Street, SW., Room 7041, Potomac Center 

Plaza, Washington, DC 20202–4260. 

The Application Control Center 

accepts hand deliveries daily between 

8:00 a.m. and 4:30:00 p.m., Washington, 

DC time, except Saturdays, Sundays, 

and Federal holidays. 

Note for Mail or Hand Delivery of Paper 

Applications: If you mail or hand deliver 

your application to the Department— 

(1) You must indicate on the envelope 

and—if not provided by the Department—in 

Item 11 of the SF 424 the CFDA number, 

including suffix letter, if any, of the 

competition under which you are submitting 

your application; and 

(2) The Application Control Center will 

mail to you a notification of receipt of your 

grant application. If you do not receive this 

notification within 15 business days from the 

application deadline date, you should call 

the U.S. Department of Education 

Application Control Center at (202) 245– 

6288. 

V. Application Review Information 

Selection Criteria: The selection 

criteria for this competition are from 34 

CFR 75.210 and are listed in the 

application package. 

VI. Award Administration Information 

1. Award Notices: If your application 

is successful, we notify your U.S. 

Representative and U.S. Senators and 

send you a Grant Award Notification 

(GAN). We may notify you informally, 

also. 

If your application is not evaluated or 

not selected for funding, we notify you. 

2. Administrative and National Policy 

Requirements: We identify 

administrative and national policy 

requirements in the application package 

and reference these and other 

requirements in the Applicable 

Regulations section of this notice. 

We reference the regulations outlining 

the terms and conditions of an award in 

the Applicable Regulations section of 

this notice and include these and other 

specific conditions in the GAN. The 

GAN also incorporates your approved 

application as part of your binding 

commitments under the grant. 

3. Reporting: At the end of your 

project period, you must submit a final 

performance report, including financial 

information, as directed by the 

Secretary. If you receive a multi-year 

award, you must submit an annual 

performance report that provides the 

most current performance and financial 

expenditures information as directed by 

the Secretary under 34 CFR 75.118. The 

Secretary may also require more 

frequent performance reports under 34 

CFR 75.720(c). For specific 

requirements on reporting, please go to 

http://www.ed.gov/fund/grant/apply/

appforms/appforms.html. 

4. Performance Measures: The 

Secretary has established the following 

key performance measures for assessing 

the effectiveness of SDFSC Programs for 

Native Hawaiians: 

(1) The percentage of students 

annually served by the grant who show 

a decrease in violent or disruptive 

behavior, or delinquency; and 

(2) The percentage of students 

annually served by the Grant who show 

a decrease in the use of illegal drugs. 

These measures constitute the 

Department’s indicators of success for 

this program. Consequently, we advise 

an applicant for a grant under this 

program to give careful consideration to 

these measures in conceptualizing the 

approach and evaluation for its 

proposed project. Each grantee will be 

required to provide in its annual and 

final performance reports data about its 

progress in meeting these measures. 

VII. Agency Contacts 

For Further Information Contact: Pat 

Rattler, U.S. Department of Education, 

400 Maryland Avenue, SW., room 

10073, Potomac Center Plaza (PCP), 

Washington, DC 20202–4260. 

Telephone: (202) 245–7893 or by e-mail: 

pat.rattler@ed.gov. 

If you use a TDD, call the FRS, toll 

free, at 1–800–877–8339. 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

on request to the program contact 

person listed under FOR FURTHER


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4028 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 

INFORMATION CONTACT in section VII in 

this notice. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Dated: January 14, 2009. 

Deborah A. Price, 

Assistant Deputy Secretary For Safe and 

Drug-Free Schools. 

[FR Doc. E9–1194 Filed 1–21–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 618–182] 

Alabama Power Company; Notice of 

Application for Amendment of License 

and Soliciting Comments, Motions To 

Intervene, and Protests 

January 13, 2009. 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection: 

a. Type of Application: Request for 

Temporary Variance of Minimum Flow 

Requirement. 

b. Project No.: 618–182. 

c. Date Filed: January 8, 2009. 

d. Applicant: Alabama Power 

Company. 

e. Name of Project: Jordan Dam. 

f. Location: On the Coosa River, in 

Elmore, Chilton, and Coosa Counties, 

Alabama. 

g. Filed Pursuant to: Federal Power 

Act, 16 U.S.C. 791a–825r. 

h. Applicant Contact: Barry Lovett, 

Alabama Power Company, 600 N. 18th 

Street, P.O. Box 2641, Birmingham, AL 

35291, (205) 257–1258. 

i. FERC Contact: Peter Yarrington, 

peter.yarrington@ferc.gov, (202) 502– 

6129. 

j. Deadline for filing comments, 

motions to intervene and protests: 

January 28, 2009. 

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 

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. A copy of any 

motion to intervene must also be served 

upon each representative of the 

Applicant specified in the particular 

application. 

k. Description of Request: Alabama 

Power Company (APC) is requesting a 

temporary variance of the Jordan Dam 

Project’s minimum flow requirements 

due to continuing drought conditions in 

the southeast, and to ensure, to the 

extent possible, that there will be 

sufficient water available in the Coosa 

River to support both reservoir and 

downstream environmental, municipal 

and industrial water supply and 

navigation needs. The project license 

requires, from July 1 through March 31, 

a continuous minimum base flow of 

2,000 cubic feet per second (cfs), 

regardless of inflow. Beginning April 1, 

a continuous minimum base flow of 

4,000 cubic feet per second (cfs) is 

required for 18 hours per day, with a 

pulse flow release for 6 hours per day. 

During June, flows are ramped back 

down in daily increments to a 

continuous 2,000 cfs. APC is requesting 

a variance to release from Jordan Dam 

no less than a continuous flow of 2,000 

cfs, ± 5 percent, from January 1, 2009 

through December 31, 2009. The 

licensee indicates that, in 2009, it would 

be its intent to provide flows as close to 

normal operation as possible, while 

maintaining flexibility to adjust to 

changing drought conditions. Any 

adjustments that were to involve 

reductions in flow releases would be 

performed by ramping down flows by 

no more than 66.7 cfs per day. The 

licensee is also proposing to facilitate 

conference calls with the resource 

agencies to discuss project flow releases 

and operations, to address droughtrelated issues, and to coordinate with 

the U.S. Fish and Wildlife Service in 

conducting any appropriate monitoring 

of the federally-listed Tulotoma 

magnifica snail population below the 

dam. APC would also provide 

appropriate notice to the public of 

periods in which flows below the dam 

may be modified. 

l. Location of the Application: The 

filing is available for inspection and 

reproduction at the Commission’s 

Public Reference Room, located at 888 

First Street, NE, Room 2A, Washington, 

DC 20426 or by calling (202) 502–8371. 

This filing may also be viewed on the 

Commission’s Web site at http://ferc.gov 

using the ‘‘eLibrary’’ link. Enter the 

docket number (P–618) in the docket 

number field to access the document. 

You may also register online at http:// 

www.ferc.gov/docsfiling/

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 

e-mail FERCOnlineSupport@ferc.gov. 

For TTY, call (202) 502–8659. A copy is 

also available for inspection and 

reproduction at the address in item (h) 

above. 

m. Individuals desiring to be included 

on the Commission’s mailing list should 

so indicate by writing to the Secretary 

of the Commission. 

n. Comments, Protests, or Motions to 

Intervene: Anyone may submit 

comments, a protest, or a motion to 

intervene in accordance with the 

requirements of Rules of Practice and 

Procedure, 18 CFR 385.210, .211, .214. 

In determining the appropriate action to 

take, the Commission will consider all 

protests or other 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. Any filings must bear in all capital 

letters the title ‘‘COMMENTS’’, 

‘‘PROTEST’’, or ‘‘MOTION TO 

INTERVENE’’, as applicable, and the 

Project Number of the particular 

application to which the filing refers. 

p. Agency Comments: Federal, state, 

and local agencies are invited to file 

comments on the described application. 

A copy of the application may be 

obtained by agencies directly from the 

Applicant. If an agency does not file 

comments within the time specified for 

filing comments, it will be presumed to 

have no comments. One copy of an 

agency’s comments must also be sent to 

the Applicant’s representatives. 

q. Comments, protests and 

interventions may be filed electronically 

via the Internet in lieu of paper. See, 18 

CFR 385.2001(a)(I)(iii) and the 


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