Notices. Notice

6,104 words·~28 min read·/register/2003/10/31/03-27477·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 3810-FF-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2107] Pacific Gas and Electric Company; Notice of Authorization for Continued Project Operation October 24, 2003. On July 2, 2002, Pacific Gas and Electric Company, licensee for the Poe Project No. 2107, filed a notice of intent to file application for a new license pursuant to the Federal Power Act

(FPA)and the Commission's regulations thereunder. Project No. 2107 is located on the North Fork Feather River in Butte County, California. The license for Project No. 2107 was issued for a period ending September 30, 2003. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), requires the Commission, at the expiration of a license term, to issue from year to year an annual license to the then licensee under the terms and conditions of the prior license until a new license is issued, or the project is otherwise disposed of as provided in Section 15 or any other applicable section of the FPA. The project is subject to Section 15 of the FPA, therefore notice is hereby given that an annual license for Project No. 2107 is issued to Pacific Gas and Electric Company for a period effective October 1, 2003 through September 30, 2004, or until the issuance of a new license for the project or other disposition under the FPA, whichever comes first. If issuance of a new license (or other disposition) does not take place on or before October 1, 2004, notice is hereby given that, pursuant to 18 CFR 16.18(c), an annual license under Section 15(a)(1) of the FPA is renewed automatically without further order or notice by the Commission, unless the Commission orders otherwise. Magalie R. Salas, Secretary. [FR Doc. E3-00149 Filed 10-30-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EG04-5-000, et al.] Springerville Unit 3 Holding LLC, et al.; Electric Rate and Corporate Filings October 24, 2003. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Springerville Unit 3 Holding LLC [Docket No. EG04-5-000] Take notice that on October 20, 2003, Springerville Unit 3 Holding LLC (Springerville) filed with the Federal Energy Regulatory Commission an Application for Determination of Exempt Wholesale Generator Status pursuant to Part 365 of the Commission's regulations. Springerville states that it is a Delaware limited liability company, which has been formed to own Springerville Unit 3, a single unit, coal-fired, 400 MW

(net)generating station near Springerville, Apache County, Arizona. *Comment Date:* November 10, 2003. 2. Springerville Unit 3 OP LLC [Docket No. EG04-6-000] Take notice that on October 20, 2003, Springerville Unit 3 OP LLC (Springerville) filed with the Federal Energy Regulatory Commission an Application for Determination of Exempt Wholesale Generator Status pursuant to part 365 of the Commission's regulations. Springerville states it is a Delaware limited liability company which has been formed to own the membership interests in Springerville Unit 3 Holding, LLC, which in turn will own Springerville Unit 3, a single unit, coal-fired, 400 MW

(net)generating station near Springerville, Apache County, Arizona. *Comment Date:* November 10, 2003. 3. Florida Power Corporation [Docket Nos. ER97-2846-003] Take notice that, on October 21, 2003, Progress Energy, Inc., on behalf of Florida Power Corporation, also known as Progress Energy Florida, Inc. (FPC), submitted a three-year market analysis update for FPC's market-based rate authority. FPC states that copies of the filing were served on the official service lists in the above-captioned proceedings. *Comment Date:* November 12, 2003. 4. American Transmission Company LLC [Docket No. ER03-1211-001] Take notice that on October 21, 2003, American Transmission Company LLC (ATCLLC) tendered for filing a revised Generation-Transmission Interconnection Agreement between ATCLLC and Fox Energy Company LLC (Second Revised Service Agreement No. 233) in compliance with the Commission's Letter Order dated Spetember 23, 2003 in Docket No. ER03-1211-000. ATCLLC requests retention of the original effective date of January 15, 2002. *Comment Date:* November 12, 2003. 5. Bethlehem Steel Corporation [Docket No. ER03-1322-001] Take notice that on October 22, 2003, Bethlehem Steel Corporation (Bethlehem) submitted additional materials to supplement the Notice of Cancellation of Bethlehem's FERC Electric Tariff No. 1 and Rate Schedule FERC No. 2 filed on September 8, 2003 in Docket No. ER03-1322-000. *Comment Date:* November 12, 2003. 6. New York Independent System Operator, Inc. [Docket No. ER04-54-000] Take notice that on October 16, 2003, the New York Independent System Operator, Inc. (NYISO), filed proposed revisions to the NYISO's Open Access Transmission Tariff

(OATT)and Market Administration and Control Area Services Tariff (Services Tariff). The proposed filing would:

(1)Establish congestion shortfall charges and congestion surplus payments;

(2)change the manner in which congestion rent shortfalls and excess congestion rents are allocated to Transmission Owners;

(3)establish auction shortfall charges and auction surplus payments; and

(4)change the manner in which net Transmission Congestion Contract

(TCC)revenues are allocated among Transmission Owners. The NYISO has requested that the Commission make a portion of the filing effective on December 15, 2003, and another portion of the filing effective on January 1, 2004. NYISO states that a copy of this filing was served upon all parties that have executed Service Agreements under the NYISO's OATT or Services Tariff, the New York State Public Service Commission, and to the electric utility regulatory agencies in New Jersey and Pennsylvania. *Comment Date:* November 6, 2003. 7. Maine Yankee Atomic Power Company [Docket No. ER04-55-000] Take notice that on October 20, 2003, Maine Yankee Atomic Power Company (Maine Yankee) tendered for filing, pursuant to Section 205 of the Federal Power Act and Section 35.13 of the Commission's regulations, proposed revisions to its FERC Rate Schedule No. 1. Maine Yankee states that the proposed changes would increase rates to recover decommissioning costs $3.77 million per year, to approximately $29.3 million, and would increase annual collections for post retirement benefits other than pensions (PBOPs) by $1.45 million per year. Maine Yankee states that a principal purpose of its filing is to submit a revised decommissioning cost estimate and collection schedule to assure that adequate funds are available to safely and promptly decommission the plant and operate and manage the long-term storage of spent fuel and high level waste on site, and a revised actuarial analysis and collection schedule to assure that adequate funds are available to meet Maine Yankee's PBOP obligations. Maine Yankee's filing also requests approval of a change in its billing formula and deferral of recovery of amounts sufficient to replenish its Spent Fuel Trust fund until November 2008. Maine Yankee states that copies of its filing were served upon its jurisdictional customers and to state regulatory commissions in Connecticut, New Hampshire, Massachusetts, Maine and Rhode Island and the Office of the Public Advocate, State of Maine. *Comment Date:* November 10, 2003. 8. Consumers Energy Company [Docket No. ER04-56-000] Take notice that on October 20, 2003, Consumers Energy Company (Consumers) tendered for filing a Notice of Cancellation of its First Revised Electric Tariff No. 6. Consumers requests that the cancellation become effective as of October 7, 2003. Consumers states that a copy of this filing was served upon the Michigan Public Service Commission. *Comment Date:* November 10, 2003. 9. Ameren Energy Marketing Company [Docket No. ER04-57-000] Take notice that on October 20, 2003, Ameren Energy Marketing Company

(AEM)petitioned the Commission to amend the Western Systems Power Pool

(WSPP)Agreement to include AEM as a participant. AEM respectfully requests that the Commission allow the amendment to the WSPP Agreement to become effective on October 21, 2003. AEM states that this filing has been served upon the WSPP Executive Committee Chair, WSPP Operating Committee Chair, WSPP General Counsel, and WSPP Secretary/Treasurer. *Comment Date:* November 10, 2003. 10. Commonwealth Edison Company [Docket No. ER04-58-000] Take notice that on October 21, 2003 Commonwealth Edison Company (ComEd) submitted for filing an Interconnection Agreement by and between ComEd and FPL Energy Illinois Wind, LLC (FPL Energy) designated as Service Agreement No. 729 under ComEd's open access transmission service tariff, ComEd FERC Electric Tariff, Second Revised Volume No. 5, to be effective on December 20, 2003. *Comment Date:* November 12, 2003. 11. Xcel Energy Services Inc. Public Service Company of Colorado [Docket No. ER04-59-000] Take notice that on October 21, 2003, Xcel Energy Services Inc. (XES), on behalf of Public Service Company of Colorado

(PSCo)submitted for filing with the Federal Energy Regulatory Commission (Commission) a Generation Interconnection Agreement (Agreement) between PSCo and Colorado Green Holdings, LLC. PSCO requests an effective date of April 1, 2003. *Comment Date:* November 12, 2003. 12. California Independent System Operator Corporation [Docket No. ER04-61-000] Take notice that on October 21, 2003, the California Independent System Operator Corporation (ISO), tendered for filing revisions to the Transmission Control Agreement

(TCA)for acceptance by the Commission. The ISO states that the purpose of the revisions is to revise Exhibit B-1 to Pacific Gas and Electric Company's TCA Appendix B to substitute a new set of Path 15 Operating Instructions provided by Pacific Gas and Electric Company in place of the existing set of Path 15 Operating Instructions. The ISO states that this filing has been served upon the Public Utilities Commission of the State of California, the California Energy Commission, the California Electricity Oversight Board, the Participating Transmission Owners, Trans-Elect, and all parties with effective Scheduling Coordinator Agreements under the ISO Tariff. The ISO is requesting an effective date of December 20, 2003, 60 days from the date of this filing. *Comment Date:* November 12, 2003. 13. Arizona Public Service Company [Docket No. ER04-62-000] Take notice that on October 21, 2003, Arizona Public Service Company

(APS)tendered for filing a Notice of Cancellation of the Interruptible Transmission Service Agreement between APS and El Paso Electric Company, Rate Schedule FERC No. 203, to be effective December 31, 2003. APS states that copies of the filing have been served on Arizona Corporation Commission, Public Utility Commission of Texas and El Paso Electric Company. *Comment Date:* November 12, 2003. Standard Paragraph Any person desiring to intervene or to protest this filing should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. All such motions or protests should be filed on or before the comment date, and, to the extent applicable, must be served on the applicant and on any other person designated on the official service list. This filing is available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov,* using the “FERRIS” link. Enter the docket number excluding the last three digits in the docket number filed to access the document. For assistance, call

(202)502-8222 or TTY,

(202)502-8659. Protests and interventions may be filed electronically via the Internet in lieu of paper; *see* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Magalie R. Salas, Secretary. [FR Doc. E3-00143 Filed 10-30-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Non-Project Use of Project Lands and Waters and Soliciting Comments, Motions To Intervene, and Protests October 24, 2003. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Non-Project Use of Project Lands and Waters. b. *Project No:* 2503-076. c. *Date Filed:* October 3, 2003. d. *Applicant:* Duke Power, a Division of Duke Energy Corporation. e. *Name of Project:* Keowee-Toxaway Hydroelectric Project. f. *Location:* On Lake Keowee at Sunrise Pointe Development in Oconee County, South Carolina. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791

(a)825(r) and 799 and 801. h. *Applicant Contact:* Mr. Joe Hall, Lake Management Representative, Duke Energy Corporation, P.O. Box 1006, Charlotte, NC, 28201-1006,

(704)382-8576. i. *FERC Contacts:* Any questions on this notice should be addressed to Ms. Shana High at

(202)502-8674, or e-mail address: *shana.high@ferc.gov* . j. *Deadline for filing comments and or motions:* November 28, 2003. All documents (original and eight copies) should be filed with: Ms. Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington DC 20426. Please include the project number (P-2628-052) on any comments or motions filed. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages e-filings. k. *Description of Request:* Duke Power is requesting Commission approval to lease 0.263 acre of land within the project boundary to Sunrise Pointe Association, Inc. for a commercial/residential marina. The marina will consist of a cluster dock with nine boat docking locations. The dock, constructed of Tec Wood decking, a metal frame, and encapsulated Styrofoam for floatation, will be constructed off site and floated into place. l. *Location of the Applications:* The filings are available for review at the Commission in the Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, 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 call the Helpline at

(866)208-3676 or contact *FERCONLINESUPPORT@ferc.gov* . For TTY, contact

(202)502-8659. 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. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. Agency Comments—Federal, state, and local agencies are invited to file comments on the described applications. A copy of the applications 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)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. Magalie R. Salas, Secretary. [FR Doc. E3-00145 Filed 10-30-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Transfer of Licenses and Soliciting Comments, Motions To Intervene, and Protests October 24, 2003. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Transfer of Licenses. b. *Project Nos.:* 2785-046, 10808-026, 10809-021, and 10810-024. c. *Date Filed:* September 23, 2003, supplement filed October 21, 2003. d. *Applicants:* Wolverine Power Corporation, Synex Energy Resources, Ltd., and Synex Michigan, LLC. e. *Name and Location of Projects:* The Sanford, Edenville, Secord, and Smallwood Hydroelectric Projects, Nos. 2785, 10808, 10809, and 10810, respectively, are located on the Tittabawassee River in Midland and Gladwin Counties, Michigan. The Edenville Project is also on the Tobacco River. f. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). g. *Applicant Contact:* Mr. Greg Sunell, Synex Energy Resources, Ltd., 1444 Alberni Street, 4th Floor, Vancouver, BC V6G 2Z4,

(604)688-8271. h. *FERC Contact:* James Hunter,

(202)502-6086. i. *Deadline for filing comments, protests, and motions to intervene:* November 28, 2003. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the “e-Filing” link. The Commission strongly encourages electronic filings. Please include the project number(s) on any comments or motions filed. The Commission's Rules of Practice and Procedure require all interveners filing a document with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervener 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 documents on that resource agency. j. *Description of Application:* The Applicants request approval of the transfer of the licenses to Synex Michigan, LLC. The Applicants state that, pursuant to foreclosure of security interests, there has been an “involuntary” transfer of the licenses under the proviso of Section 8 of the Federal Power Act from Wolverine Power Corporation, the current licensee for the projects, to Synex Energy Resources, Ltd., and that Synex Energy Resources, Ltd., intends to sell the licenses to Synex Michigan, LLC. The Applicants also state that, pursuant to mortgage foreclosures and sales, title to the real property under the licenses has been conveyed from Wolverine Power Corporation to Synex Michigan, LLC, as the assignee of Synex Energy Resources, Ltd. k. This filing is available for review and reproduction at the Commission in the Public Reference Room at 888 First Street, NE., Room 2A, Washington, DC 20426. The filing may also be viewed on the web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits (P-2785) in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov* . For TTY, call

(202)502-8659. A copy is also available for review and reproduction at the address in item g. above. l. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. m. 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. n. Filing and Service of Responsive Documents—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. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. o. 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. Magalie R. Salas, Secretary. [FR Doc. E3-00146 Filed 10-30-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Settlement Agreement and Soliciting Comments October 24, 2003. Take notice that the following settlement agreement has been filed with the Commission and is available for public inspection. a. *Type of Application:* Settlement Agreement. b. *Project No.:* 637-022. c. *Date Filed:* October 17, 2003. d. *Applicant:* Public Utility District No. 1 of Chelan County. e. *Name of Project:* Lake Chelan Hydroelectric Project. f. *Location:* Located on the Chelan River, near the City of Chelan, in Chelan County, Washington. g. *Filed Pursuant to:* Rule 602 of the Commission's Rules of Practice and Procedure, 18 CFR 385.602. h. *Applicant Contact:* Mr. Gregg Carrington, Public Utility District No. 1 of Chelan County, 327 North Wenatchee Avenue, Wenatchee, WA, 98801. 1-888-663-8121. i. *FERC Contact:* David Turner at

(202)502-6091, or by e-mail at *david.turner@ferc.gov* . j. *Deadline for Filing Comments:* The deadline for filing comments on the Settlement Agreement is 20 days from the date of this notice. The deadline for filing reply comments is 30 days from the date of this notice. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Under the Commission's Rules of Practice, intervenors in the relicensing proceeding filing documents with the Commission must 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. Comments may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions of the Commission's Web site ( *http:www.ferc.gov* ) under the “e-filing” link. k. Chelan PUD filed the Comprehensive Settlement Agreement on behalf of itself and 9 other stakeholders. The Settlement Agreement is intended to resolve, among the signatories, all issues related to Chelan PUD's pending Application for New License for the Lake Chelan Hydroelectric Project, including fish, water quality certification, wildlife and recreation. Chelan PUD requests that the Commission approve the Settlement Agreement and incorporate the proposed license articles in Appendix A of the Settlement Agreement into a new license for the project. l. A copy of the Settlement Agreement 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 *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. Register online at *http://www.ferc.gov/esubscribenow.htm* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. Magalie R. Salas, Secretary. [FR Doc. E3-00147 Filed 10-30-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 7387-019] Erie Boulevard Hydropower, L.P.; Notice of Application Tendered for Filing With the Commission, Soliciting Additional Study Requests, and Establishing Procedural Schedule for Relicensing and a Deadline for Submission of Final Amendments October 24, 2003. Take notice that the following hydroelectric license application has been filed with the Commission and is available for public inspection. a. *Type of Application:* New Major License. b. *Project No.:* 7387-019. c. *Date filed:* October 20, 2003. d. *Applicant:* Erie Boulevard Hydropower, L.P. e. *Name of Project:* Piercefield Hydroelectric Project. f. *Location:* On the Raquette River, in St. Lawrence and Franklin Counties, New York. The project does not occupy federal lands. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791(a)-825(r). h. *Applicant Contacts:* Mr. Jerry L. Sabattis, P.E., Licensing Coordinator, Erie Boulevard Hydropower, L.P., 225 Greenfield Parkway, Liverpool, New York, 13088, telephone

(315)413-2787 and Mr. Samuel S. Hirschey, P.E., Manager, Licensing, Compliance, and Project Properties, 225 Greenfield Parkway, Liverpool, New York, 13088, telephone

(315)413-2790. i. *FERC Contact:* Janet Hutzel, *janet.hutzel@ferc.gov*

(202)502-8675. j. *Cooperating Agencies:* We are asking Federal, state, and local agencies and Indian tribes with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in item k below. k. Pursuant to Section 4.32(b)(7) of 18 CFR of the Commission's regulations, if any resource agency, Indian tribe, or person believes that an additional scientific study should be conducted in order to form an factual basis for complete analysis of the application on its merit, the resource agency, Indian tribe, or person must file a request for a study with the Commission not later than 60 days after the application filing date and serve a copy of the request on the applicant. l. *Deadline for filing additional study requests and requests for cooperating agency status:* December 19, 2003. All documents (original and eight copies) should be filed with: Magalie R. Salas, 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. Additional study requests may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filing. 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. m. The application is not ready for environmental analysis at this time. n. Project Description: The Piercefield Hydroelectric Project consists of the following existing facilities:

(a)A dam comprising of a 495-foot-long concrete retaining wall/dike on the right shoreline, a 620-foot-long concrete and masonry stone retaining wall located along the left shoreline, a 118-foot-long stop log spillway, and a 294-foot-long, 22-foot-high ogee spillway section;

(b)a 110-foot-long concrete masonry forebay, having a varying width of 40 feet to 55 feet with an average depth of 17 feet;

(c)a reservoir having a surface area of 370 acres at normal pool elevation of 1542.0 feet m.s.1.;

(d)a powerhouse containing 3 generating units having a total rated capacity of 2,700 kW;

(e)600-V and 2.4-kV generator leads;

(f)600-V/46-kV, 2.5-MVA and the 2.4/46-kV, 2.5-MVA three-phase transformer banks;

(g)3.84-mile, 46-kV transmission line; and

(h)appurtenant facilities. o. A copy of the application is on file with the Commission and is available for public inspection. This filing may also be viewed on the web at *http://www.ferc.gov* using the “eLibrary” link—select “Docket #” and follow the instructions. 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. A copy is also available for inspection and reproduction at the address in item h above. p. You may also register online at *http://www.ferc.gov/esubscribenow.htm* to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. To view upcoming FERC events, go to *www.ferc.gov* and click on “View Entire Calendar”. With this notice, we are initiating consultation with the *New York State Historic Preservation Officer (SHPO),* as required by 106, National Historic Preservation Act, and the regulations of the Advisory Council on Historic Preservation, 36, CFR, at 800.4. r. Procedural schedule and final amendments: The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule will be made as appropriate. Issue Acceptance or Deficiency Letter—February 2004 Issue Scoping Document for comments—May 2004 Notice of Application is Ready for Environmental Analysis—September 2004 Notice of the availability of the EA—February 2005 Ready for Commission's decision on the application—June 2005 Unless substantial comments are received in response to the EA, staff intends to prepare a single EA in this case. If substantial comments are received in response to the EA, a final EA will be prepared with the following modifications to the schedule. Notice of the availability of the final EA—June 2005 Ready for Commission's decision on the application—August 2005 Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice of ready for environmental analysis. Magalie R. Salas, Secretary. [FR Doc. E3-00148 Filed 10-30-03; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [RCRA-1997-0019; FRL-7581-7] Agency Information Collection Activities: Proposed Collection; Comment Request; Exports From and Imports to the United States Under International and Bilateral Waste Agreements, EPA ICR Number 1647.04, OMB Control Number 2050-0143 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), this document announces that EPA is planning to submit a continuing Information Collection Request

(ICR)to the Office of Management and Budget (OMB). This is a request to an existing approved collection. This ICR is scheduled to expire on April 30, 2004. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before December 30, 2003. ADDRESSES: Submit your comments, referencing docket ID number RCRA-1997-0019, to EPA online using EDOCKET (our preferred method), by e-mail to *RCRA-docket@epa.gov* , or by mail to: EPA Docket Center, Environmental Protection Agency, OSWER Docket, mail code 5305T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. FOR FURTHER INFORMATION CONTACT: Jim Kent, Office of Solid Waste, 5304W, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 703-308-0461; fax number: 703-308-0514; e-mail address: *Kent.Jim@EPAMAIL.EPA.GOV* . SUPPLEMENTARY INFORMATION: EPA has established a public docket for this ICR under Docket ID number RCRA-1997-0019, which is available for public viewing at the OSWER Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is

(202)566-1744, and the telephone number for the OSWER Docket is

(202)566-0270. An electronic version of the public docket is available through EPA Dockets (EDOCKET) at *http://www.epa.gov/edocket.* Use EDOCKET to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA within 60 days of this notice. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA's **Federal Register** notice describing the electronic docket at 67 FR 38102 (May 31, 2002), or go to *http://www.epa.gov/edocket* . *Affected entities:* Entities potentially affected by this action are those which export hazardous waste from or import hazardous waste to the U.S. *Title:* Exports from and Imports to the United States Under International and Bilateral Waste Agreements, EPA ICR No. 1647.04, expiring on 04/30/04. *Abstract:* Authority to promulgate this rule is found in sections 2002(a) and 3017(a)(2) and

(f)of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and as amended by the Hazardous and Solid Waste Amendments, 42 U.S.C. 6901 *et seq.* The Organization for Economic

(OECD)Decision C(92)39 is considered legally binding on the United States under Articles 5(a) and 6(2) of the OECD Convention, 12 U.S.T. 1728. In addition, the OECD Decision and EPA's rule implementing the OECD Decision, 40 CFR part 262, subpart H (61 FR 16290-16316, April 12, 1966) impose requirements on U.S. exporters and importers of hazardous waste for recovery to and from OECD member countries. EPA also imposes requirements on U.S. exports and imports of hazardous waste to and from other countries at 40 CFR part 262, subpart E for exports and at subpart F for imports (51 FR 28664, August 8, 1986). The Office of Enforcement and Compliance Assurance, U.S. EPA uses the information provided by each U.S. exporter and U.S. importer to determine compliance with the applicable RCRA regulatory provisions. In addition, the information will be used to determine the number, origin, destination, and type of exports from and imports to the U.S. for tracking purposes and for reporting to the OECD. This information also will be used to assess the efficiency of the program. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. The EPA would like to solicit comments to:

(i)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;

(ii)Evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(iii)Enhance the quality, utility, and clarity of the information to be collected; and

(iv)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. *Burden Statement:* The annual U.S. exporter burden for this collection is estimated to average 10.23 hours per exporter. The annual U.S. importer burden for this collection is estimated to average 1.3 hours per importer. This amounts to a total annual cost of $441,360 for exporters and $38, 582 for importers. These estimates represent the burden associated with the RCRA export and import requirements. Calculation of these estimates is based on the following numbers: *Exporters:* 816. *Importers:* 746. *Annual Export Shipments:* 25,000. *Annual Import Shipments:* 2,984. The number of export notifications is equal to the number of exporters

(816)and the number (and frequency per year) of tracking documents corresponds to the number of annual export and import shipments (25,000 and 2,984, respectively). These estimates take into account all aspects of the information collection, including the time necessary for new entrants to obtain and read the regulations and assess their applicability; time to complete a notification of intent to export; time to complete a tracking document and to transmit copies of the tracking document. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Dated: October 23, 2003. Robert Springer, Director, Office of Solid Waste. [FR Doc. 03-27477 Filed 10-30-03; 8:45 am]

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