Notices. Notice of proposed settlement agreement; request for public comment

9,833 words·~45 min read·/register/2003/12/10/03-30592·

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

BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP00-445-006] Alliance Pipeline L.P.; Notice of Negotiated Rates December 3, 2003. Take notice that on November 26, 2003, Alliance Pipeline L.P. (Alliance) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the following tariff sheets, proposed to become effective January 1, 2004: Third Revised Sheet No. 11 Third Revised Sheet No. 12 Third Revised Sheet No. 13 Third Revised Sheet No. 14 Alliance states that copies of its filing have been mailed to all customers, State commissions, and other interested parties.

Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. 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 proceedings.

Any person wishing to become a party must file a motion to intervene. This filing 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. 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 TTY, contact

(CIG)tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, the following tariff sheets, with an effective date of December 1, 2003: First Revised Sheet No. 11G First Revised Sheet No. 11H First Revised Sheet No. 11O First Revised Sheet No. 11P CIG states that the tendered tariff sheets implement a new negotiated rate transaction and update three previously filed negotiated rate transactions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with § 385.214 or § 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with § 154.210 of the Commission's Regulations. 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 proceedings. Any person wishing to become a party must file a motion to intervene. This filing 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. 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 TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See,* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E3-00507 Filed 12-9-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP99-518-053] Gas Transmission Northwest Corporation; Notice of Negotiated Rates December 3, 2003. Take notice that on November 26, 2003, Gas Transmission Northwest Corporation

(GTN)tendered for filing to be part of its FERC Gas Tariff, Third Revised Volume No. 1-A, Third Revised Sheet No. 15 and Third Revised Sheet No. 23, with an effective date of December 1, 2003. GTN states that these sheets are being filed to update tariff provisions related to GTN's negotiated rate transactions. GTN further states that a copy of this filing has been served on GTN's jurisdictional customers and interested State regulatory agencies. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. 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 proceedings. Any person wishing to become a party must file a motion to intervene. This filing 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. 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 TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* , 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary . [FR Doc. E3-00491 Filed 12-9-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-14-002] Maritimes & Northeast Pipeline, L.L.C.; Notice of Tariff Filing December 3, 2003. Take notice that on November 26, 2003, Maritimes & Northeast Pipeline, L.L.C. (Maritimes) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, Sixth Revised Sheet No. 11, with an effective date of December 1, 2003. Maritimes states that the purpose of this filing is to lower the Fuel Retainage Percentage to 1.10 percent effective December 1, 2003, for all shippers on the Maritimes system. Maritimes states that it agreed to lower the Fuel Retainage Percentage to resolve the issues raised by a shipper in this proceeding. Maritimes states that copies of its filing have been mailed to all parties listed on the Official Service List in this proceeding. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with § 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with § 154.210 of the Commission's Regulations. 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 proceedings. This filing 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, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E3-00495 Filed 12-9-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission National Fuel Gas Supply Corporation [Docket No. RP04-88-000] Notice of Proposed Changes in FERC Gas Tariff December 3, 2003. Take notice that on November 28, 2003, National Fuel Gas Supply Corporation (National) tendered for filing as part of its FERC Gas Tariff, Fourth Revised Volume No. 1, Twenty Second Revised Sheet No. 8, with an effective date of January 1, 2004. National states that the proposed tariff sheet reflects an adjustment to recover through National's EFT rate the costs associated with the Transportation and Storage Cost Adjustment provision set forth in section 23 of the General Terms and Conditions of National's FERC Gas Tariff. National further states that copies of the filing were served upon the Company's jurisdictional customers and the regulatory commissions of the States of New York, Ohio, Pennsylvania, Delaware, Massachusetts, and New Jersey. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. 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 proceedings. Any person wishing to become a party must file a motion to intervene. This filing 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. 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 TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* , 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E3-00501 Filed 12-9-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-89-000] National Fuel Gas Supply Corporation; Notice of Tariff Filing December 3, 2003. Take notice that on November 28, 2003, National Fuel Gas Supply Corporation (National) tendered for filing as part of its FERC Gas Tariff, Fourth Revised Volume No. 1, Fifty Ninth Revised Sheet No. 9, to become effective December 1, 2003. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. 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 proceedings. Any person wishing to become a party must file a motion to intervene. This filing 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. 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 TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* , 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E3-00502 Filed 12-9-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-90-000] National Fuel Gas Supply Corporation; Notice of Tariff Filing December 3, 2003. Take notice that on November 28, 2003, National Fuel Gas Supply Corporation (National) tendered for filing as part of its FERC Gas Tariff, Fourth Revised Volume No. 1, Sixtieth Revised Sheet No. 9 and Seventh Revised Sheet No. 43 to its FERC Gas Tariff, Fourth Revised Volume No. 1, with a proposed effective date of January 1, 2004. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with § 385.214 or § 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with § 154.210 of the Commission's Regulations. 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 proceedings. Any person wishing to become a party must file a motion to intervene. This filing 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. 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 TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See,* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E3-00503 Filed 12-9-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-94-000] Northern Natural Gas Company; Notice of Proposed Changes in FERC Gas Tariff December 3, 2003. Take notice that on December 1, 2003, Northern Natural Gas Company (Northern), tendered for filing as part of its FERC Gas Tariff, Fifth Revised Volume No. 1, the following tariff sheets, proposed to be effective January 1, 2004: 66 Revised Sheet No. 50 67 Revised Sheet No. 51 65 Revised Sheet No. 53 15 Revised Sheet No. 56 Northern states that this filing establishes the System Balancing Agreement

(SBA)cost recovery surcharge to be effective January 1, 2004, for the period January 1 through December 31, 2004. Northern further states that copies of the filing have been mailed to each of its customers and interested State commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. 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 proceedings. Any person wishing to become a party must file a motion to intervene. This filing 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. 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 TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* , 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E3-00506 Filed 12-9-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RP00-404-009 and RP03-398-006] Northern Natural Gas Company; Notice of Compliance Filing December 3, 2003. Take notice that on December 1, 2003, Northern Natural Gas Company (Northern) tendered for filing as part of its FERC Gas Tariff, Fifth Revised Volume No. 1, the following tariff sheets: 2 Substitute 64 Revised Sheet No. 53 Sixth Revised Sheet No. 55 Substitute Second Revised Sheet No. 260A Eighth Revised Sheet No. 286 Eleventh Revised Sheet No. 287 Substitute Original Sheet No. 305A Substitute Original Sheet No. 305B Substitute First Revised Sheet No. 306 Substitute Second Revised Sheet No. 444 Substitute First Revised Sheet No. 445 Northern states that it is filing the above-referenced tariff sheets in compliance with the Commission's Order on Order No. 637 proceeding. Northern further states that copies of the filing have been mailed to each of its customers and interested State commissions. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's rules and regulations. All such protests must be filed in accordance with section 154.210 of the Commission's regulations. 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 proceedings. This filing 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, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* , 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E3-00511 Filed 12-9-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-85-000] Northwest Pipeline Corporation; Notice of Proposed Changes in FERC Gas Tariff December 3, 2003. Take notice that on November 26, 2003, Northwest Pipeline Corporation (Northwest) tendered for filing as part of its FERC Gas Tariff, the following tariff sheets, to be effective January 1, 2004: Third Revised Volume No. 1 Twenty-Sixth Revised Sheet No. 5 Fourth Revised Sheet No. 5-C Thirteenth Revised Sheet No. 7 Fifteenth Revised Sheet No. 8 Thirteenth Revised Sheet No. 8.1 Original Volume No. 2 Thirty-Sixth Revised Sheet No. 2.1 Northwest states that the purpose of this filing is to change its daily reservation and demand rates to reflect 2004 leap year rates computed on the basis of 366 days. Northwest states that a copy of this filing has been served upon Northwest's customers and interested state regulatory commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with § 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with § 154.210 of the Commission's Regulations. 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 proceedings. Any person wishing to become a party must file a motion to intervene. This filing 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. 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 TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E3-00496 Filed 12-9-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-86-000] Northwest Pipeline Corporation; Notice of Proposed Changes in FERC Gas Tariff and Filing of Non-Conforming Service Agreements December 3, 2003. Take notice that on November 26, 2003, Northwest Pipeline Corporation (Northwest) tendered for filing two Rate Schedule TF-1 non-conforming service agreements. Northwest also tendered First Revised Sheet No. 372 as part of its FERC Gas Tariff, Third Revised Volume No. 1, to be effective December 27, 2003. Northwest states that a copy of this filing has been served upon Northwest's customers and interested state regulatory commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with § 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with § 154.210 of the Commission's Regulations. 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 proceedings. Any person wishing to become a party must file a motion to intervene. This filing 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. 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 TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See,* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E3-00497 Filed 12-9-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-91-000] Questar Pipeline Company; Notice of Tariff Filing December 3, 2003. Take notice that on November 28, 2003, Questar Pipeline Company (Questar) tendered for filing as part of its FERC Gas Tariff, Thirtieth Revised Sheet No. 5 to First Revised Volume No. 1, and Thirty-Seventh Revised Sheet No. 8 to Original, Volume No. 3, to be effective January 1, 2004. Questar states that the tendered tariff sheets revise Questar's Fuel Gas Reimbursement Percentage

(FGRP)from the currently effective 1.4% to 2.0%. Questar states that the FGRP is filed pursuant to Section 12.15 of the General Terms and Conditions of Part 1 of its tariff, First Revised Volume No. 1. Questar states that a copy of this filing has been served upon its customers, the Public Service Commission of Utah and the Public Service Commission of Wyoming. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with § 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with § 154.210 of the Commission's Regulations. 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 proceedings. Any person wishing to become a party must file a motion to intervene. This filing 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. 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 TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See,* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E3-00504 Filed 12-9-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP03-611-001] SCG Pipeline, Inc.; Notice of Compliance Tariff Filing December 3, 2003. Take notice that on December 1, 2003, SCG Pipeline, Inc.

(SCG)tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the following tariff sheets to become effective December 1, 2003: Substitute Original Sheet No. 55 Original Sheet No. 55A Substitute Original Sheet No. 67 Substitute Original Sheet No. 68 Original Sheet No. 68A Substitute Original Sheet No. 69 Original Sheet No. 69A Substitute Original Sheet No. 70 Original Sheet No. 70A Substitute Original Sheet No. 71 Substitute Original Sheet No. 73 Substitute Original Sheet No. 85 Original Sheet No. 85A Substitute Original Sheet No. 91 Substitute Original Sheet No. 103 Original Sheet No. 103A Substitute Original Sheet No. 104 Original Sheet No. 104A Substitute Original Sheet No. 124 Substitute Original Sheet No. 126 Substitute Original Sheet No. 161 SCG asserts that the purpose of its filing is to comply with the Commission's Letter Order issued October 30, 2003, at Docket No. RP03-611-000, 105 FERC ¶ 61,160. SCG states that the tariff sheets reflect revisions to SCG's September 22, 2003, FERC Gas Tariff, Original Volume No. 1, with regard to certain penalty provisions and to certain provisions related to NAESB standards. SCG states that a copy of this filing has been served on the official service list, its customers and interested State commissions. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with § 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with § 154.210 of the Commission's Regulations. 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 proceedings. This filing 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 (FERRIS) 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 TTY, contact

(OFO)refunds. Southern Star states that a copy of its filing was served on all jurisdictional customers and interested state commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with § 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed on or before the date as indicated below. 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 proceedings. Any person wishing to become a party must file a motion to intervene. This filing 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. 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 TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See,* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. *Intervention and Protests Date:* December 10, 2003. Magalie R. Salas, Secretary. [FR Doc. E3-00500 Filed 12-9-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-93-000] Southern Star Central Gas Pipeline, Inc.; Notice of Proposed Changes in FERC Gas Tariff December 3, 2003. Take notice that on December 1, 2003, Southern Star Central Gas Pipeline, Inc. (Southern Star) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, First Revised Sheet No. 12, to become effective January 1, 2004. Southern Star states that this filing is being made pursuant to article 13 of the general terms and conditions of its FERC Gas Tariff to reflect revised fuel and loss reimbursement percentages. The percentages are based on actual fuel and loss for the 12 months ended September 30, 2003. Southern Star states that copies of the tariff sheet are being mailed to Southern Star's jurisdictional customers and interested State commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. 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 proceedings. Any person wishing to become a party must file a motion to intervene. This filing 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”. 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 TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* , 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. Magalie R. Salas, Secretary. [FR Doc. E3-00505 Filed 12-9-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP96-312-131] Tennessee Gas Pipeline Company; Notice of Negotiated Rate Tariff Filing December 3, 2003. Take notice that on November 26, 2003, Tennessee Gas Pipeline Company (Tennessee) tendered for filing its Negotiated Rate Tariff Filing. Tennessee's filing requests that the Commission approve a negotiated rate arrangement between Tennessee and Murphy Gas Gathering, Inc. Tennessee requests that the Commission grant such approval effective January 1, 2004. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's Regulations. 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 proceedings. Any person wishing to become a party must file a motion to intervene. This filing 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. 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 TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E3-00508 Filed 12-9-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP96-312-132] Tennessee Gas Pipeline Company; Notice of Negotiated Rate Tariff Filing December 3, 2003. Take notice that on November 26, 2003, Tennessee Gas Pipeline Company (Tennessee) tendered for filing its Negotiated Rate Tariff Filing. Tennessee's filing requests that the Commission approve a negotiated rate arrangement between Tennessee and Callon Petroleum Operating Company. Tennessee requests that the Commission grant such approval effective January 1, 2004. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with § 385.214 or § 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with § 154.210 of the Commission's Regulations. 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 proceedings. Any person wishing to become a party must file a motion to intervene. This filing 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. 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 TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See,* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E3-00509 Filed 12-9-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP03-489-001] Vector Pipeline L.P.; Notice of Motion To Place Tariff Sheets Into Effect December 3, 2003. Take notice that on November 26, 2003, Vector Pipeline L.P. (Vector) filed pursuant to Section 154.206 of the Commission's regulations a motion to place into effect certain tariff sheets to its FERC Gas Tariff that were suspended by order issued June 30, 2003. The tariff sheets are proposed to be effective December 1, 2003. Vector states that the purpose of the instant filing is to place into effect on December 1, 2003, the end of the suspension period in this proceeding, the rates filed on May 30, 2003 as adjusted to reflect the agreement of the parties in a settlement filed with the Commission on November 4, 2003, as well as certain other tariff sheets that were the subject of the June 30, 2003 Order. Vector states that copies of this filing are being served on all jurisdictional customers, applicable state commissions, and participants in Docket No. RP03-489-000. Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with § 385.211 of the Commission's Rules and Regulations. All such protests must be filed in accordance with § 154.210 of the Commission's Regulations. 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 proceedings. This filing 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, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See,* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E3-00493 Filed 12-9-03; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP97-28-010] Wyoming Interstate Company, Ltd; Notice of Negotiated Rates December 3, 2003. Take notice that on November 26, 2003, Wyoming Interstate Company, Ltd.

(WIC)tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, with an effective date of December 1, 2003. Second Revised Sheet No. 105 Original Sheet Nos. 115 and 116 Original Sheet Nos. 118 WIC states that these tariff sheets implement three new negotiated rate transactions and update a previously filed negotiated rate transaction. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. 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 proceedings. Any person wishing to become a party must file a motion to intervene. This filing 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. 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 TTY, contact

(AEM)(collectively Applicants), submitted an application pursuant to section 203 of the Federal Power Act, and part 33 of the Federal Energy Regulatory Commission regulations, 18 CFR part 33, requesting all Commission authorizations and approvals for the assignment by AmerenCILCO to AEM of certain contracts between AmerenCILCO and various counterparties. AEM states that copies of this filing have been served on all affected state commissions and also parties to the contracts affected by the transfer. *Comment Date:* December 16, 2003. 2. Idaho Power Company [Docket No. EL99-44-008] Take notice that on November 24, 2003, Idaho Power Company tendered its compliance filing in the above-captioned docket. *Comment Date:* December 24, 2003. 3. Black Hills Ontario, L.L.C. [Docket Nos. EL04-30-000 and QF84-122-004] Take notice that on November 26, 2003, Black Hills Ontario, L.L.C. (Black Hills) filed a petition with the Federal Energy Regulatory Commission for recertification of its cogeneration facility as a qualifying facility under § 292.205(a) of the Commission's regulations and limited waiver of the Commission's qualifying cogeneration facility efficiency standard requirement for 2003. Black Hills states it is a 7.84 MW (average annual net generation) natural gas-fired topping cycle cogeneration facility located at Ontario, California and includes certain transmission interconnection facilities that interconnect the facility with the transmission system of Southern California Edison Company (SCE). Black Hills further states that it sells the electric output of the facility to SCE. *Comment Date:* December 26, 2003. 4. Citadel Energy Products LLC [Docket No. ER02-2339-001] Take notice that on November 26, 2003, Citadel Energy Products LLC (Citadel) filed an amendment to its tariff to add Appendix A, Market Behavior Rules. Citadel states that with this amendment it satisfies a condition imposed when the tariff originally was accepted by Commission's Letter Order in Docket No. ER02-2339-000 (Aug. 12, 2002). Citadel further states that the text of the amendment is essentially identical to that promulgated by Order issued November 17, 2003, in Docket No. EL01-118-000, 105 FERC ¶61,218. *Comment Date:* December 17, 2003. 5. NRG Marketing Services LLC [Docket No. ER03-955-002] Take notice that on November 26, 2003, NRG Marketing Services LLC tendered for filing revised tariff sheets to comply with the Federal Energy Regulatory Commission's Order issued November 10, 2003 in the above-referenced docket. *Comment Date:* December 17, 2003. 6. Ameren Services Company [Docket No. ER04-53-001] Take notice that on November 26, 2003, AmerenEnergy Resources Generating Company

(AERG)submitted for filing a Notice of Succession, pursuant to §§ 35.16 and 131.51 of the Commission's regulations. AERG asserts that the purpose of the filing is to amend the Notice of Succession in Docket No. ER04-53-000 by filing the AmerenEnergy Resources Generating Company FERC Electric Tariff, Original Volume No. 1 (Supersedes FERC Central Illinois Generation, Inc. FERC Electric Tariff, Original Volume No. 1). *Comment Date:* December 17, 2003. 7. Ameren Services Company [Docket No. ER04-99-001] Take notice that on November 26, 2003, Ameren Services Company

(ASC)tendered for filing an unexecuted Network Integration Transmission Service and Network Operating Agreement between ASC and Ameren Energy Marketing Company. ASC asserts that the purpose of the filing is to replace the unexecuted Agreements in Docket No. ER04-99-000 with the revised executed Agreements. *Comment Date:* December 17, 2003. 8. Ameren Services Company [Docket No. ER04-100-001] Take notice that on November 26, 2003, Ameren Services Company

(ASC)tendered for filing revised unexecuted Network Integration Transmission Service and Network Operating Agreements between ASC and Ameren Energy Marketing Company. ASC asserts that the purpose of the filing is to replace the unexecuted Agreements in Docket No. ER04-100-000 with the revised executed Agreements. *Comment Date:* December 17, 2003. 9. Gulfstream Energy, LLC [Docket No. ER04-164-000] Take notice that on December 1, 2003, Gulfstream Energy, LLC, requested a withdrawal of its Notice of Cancellation of market-based rate tariff filed on November 14, 2003, in the above captioned proceeding. *Comment Date:* December 15, 2003. 10. Entergy Services, Inc. [Docket No. ER04-207-001] Take notice that on November 25, 2003, Entergy Services, Inc., (Entergy) on behalf of the Entergy Operating Companies, tendered for filing an errata filing to correct proposed section 11.3.3.2 as contained in Entergy's November 19, 2003 filing in the above-referenced docket. *Comment Date:* December 16, 2003. 11. American Electric Power Service Corporation [Docket No. ER04-223-000] Take notice that on November 25, 2003, the American Electric Power Service Corporation (AEPSC) tendered for filing an Amended Interconnection and Operation Agreement between Ohio Power Company and Duke Energy Hanging Rock, LLC. The agreement is pursuant to the AEP Companies' Open Access Transmission Service Tariff

(OATT)that has been designated as First Revised Service Agreement No. 315 to the Operating Companies of the American Electric Power System FERC Electric Tariff Third Revised Volume No. 6, effective July 31, 2001. AEP requests an effective date of November 7, 2003. AEPSC states that a copy of the filing was served upon Duke Energy Hanging Rock, LLC and the Public Utilities Commission of Ohio. *Comment Date:* December 16, 2003. 12. PacifiCorp [Docket No. ER04-224-000] Take notice that on November 25, 2003, PacifiCorp tendered for filing in accordance with 18 CFR 35 of the Commission's Rules and Regulations a revised Attachment J to its Open Access Transmission Tariff calculating load ratio shares applicable to PacifiCorp's Network Integration Transmission Service Customers. PacifiCorp states that copies of this filing were supplied to the Public Utility Commission of Oregon, the Washington Utilities and Transportation Commission, and PacifiCorp's Network Customers. *Comment Date:* December 16, 2003. 13. Progress Energy on Behalf of Florida Power Corporation [Docket No. ER04-225-000] Take notice that on November 25, 2003, Florida Power Corporation (Florida Power) tendered for filing an executed Firm Point-To-Point Transmission Service Agreement with The City of Gainesville Florida d/b/a Gainesville Regional Utilities. Florida Power states that this Service Agreement is being filed under the terms and conditions of the Open Access Transmission Tariff filed on behalf of Florida Power Corporation. Florida Power Corporation is requesting an effective date of November 1, 2003 for this Service Agreement. Florida Power Corporation states that a copy of the filing was served upon the North Carolina Utilities Commission and the Florida Public Service Commission. *Comment Date:* December 16, 2003. 14. APN Starfirst, LP [Docket No. ER04-226-000] Take notice that on November 25, 2003, APN Starfirst, LP (Starfirst) petitioned the Commission for acceptance of Starfirst Rate Schedule FERC No. 1; the granting of certain blanket approvals, including the authority to sell electricity at market-based rates; and the waiver of certain Commission regulations. Starfirst states that it intends to engage in wholesale electric power and energy purchases and sales as a marketer and is not in the business of generating or transmitting electric power. Starfirst further states that it is a limited partnership engaged primarily in the business of providing energy management services to commercial, industrial, and government entities. *Comment Date:* December 16, 2003. 15. Ameren Services Company [Docket No. ER04-228-000] Take notice that on November 26, 2003, Ameren Services Company

(ASC)tendered for filing Service Agreements for Network Integration Transmission Service and a Network Operating Agreements between ASC and Ameren Energy Marketing Company. ASC asserts that the purpose of the Agreement is to permit ASC to provide transmission service to Customer pursuant to Ameren's Open Access Transmission Tariff. *Comment Date:* December 17, 2003. 16. Ameren Services Company [Docket No. ER04-229-000] Take notice that on November 26, 2003, Ameren Services Company

(ASC)tendered for filing executed Service Agreements for Firm Point-to-Point Service and Non-Firm Point-to-Point Transmission Service between ASC and Exelon Energy Company. ASC asserts that the purpose of the Agreements is to permit ASC to provide transmission service to Exelon Energy Company pursuant to Ameren's Open Access Transmission Tariff. *Comment Date:* December 17, 2003. 17. New York Independent System Operator, Inc. [Docket No. ER04-230-000] Take notice that on November 26, 2003, the New York Independent System Operator, Inc. (NYISO) tendered for filing revisions to the ISO Market Administration and Control Area Services Tariff proposing a number of tariff revisions associated with the implementation of new Real-Time Scheduling software and related market improvements. The NYISO states that it has electronically served a copy of this filing on the official representative of each of its customers, on each participant in its stakeholder committees, on the New York Public Service Commission, and on the electric utility regulatory agencies of New Jersey and Pennsylvania. NYISO further states that in addition, the complete filing has been posted on the NYISO's Web site at *http://www.nyiso.com* and the NYISO will make a paper copy available to any interested party that requests one. *Comment Date:* December 17, 2003. 18. Conectiv Bethlehem, LLC [Docket No. ER04-231-000] Take notice that on November 26, 2003, Conectiv Bethlehem, LLC (CBLLC), filed its Rate Schedule FERC No. 1, and cost support for its Reactive Supply and Voltage Control from Generation Sources Service to be provided by its 885 MW generating station located in Bethlehem, Pennsylvania, pursuant to section 205 of the Federal Power Act and Schedule 2 of the PJM Interconnection, L.L.C.

(PJM)Open Access Transmission Tariff. CBLLC seeks an effective date of January 1, 2004. CBLLC states that copies of the filing were served upon PJM, PPL Electric Utilities Corporation and the Pennsylvania Public Utility Commission. *Comment Date:* December 17, 2003. 19. Constellation Power Source, Inc. [Docket No. ER04-232-000] Take notice that on November 26, 2003, Constellation Power Source, Inc.

(CPS)tendered for filing, under section 205 of the Federal Power Act, a petition requesting that the Commission:

(1)Grant CPS authorization to make wholesale sales of electricity to its affiliated utility, Baltimore Gas and Electric Company

(BGE)if it is selected as a winning bidder in the competitive solicitation process approved by the Maryland Public Service Commission

(MPSC)to secure wholesale supply for BGE's retail Standard Offer Service obligations; and

(2)extend the current waiver of the Commission's code of conduct, and other provisions of CPS' market-based rate tariff, to the extent necessary to effectuate such sales to BGE. *Comment Date:* December 17, 2003. 20. Southern California Edison Company [Docket No. ER04-233-000] Take notice that on November 26, 2003, Southern California Edison Company

(SCE)tendered for filing a Letter Agreement between the City of Moreno Valley (Moreno Valley) and SCE. SCE states that the purpose of the Letter Agreement is to provide an interim arrangement pursuant to which SCE will commence the engineering, design, procurement, and construction of the interconnection facilities and distribution system upgrades required to interconnect Moreno Valley's Cactus Load Project to SCE's Distribution System. SCE states that copies of this filing were served upon the Public Utilities Commission of the State of California and Moreno Valley. *Comment Date:* December 17, 2003. 21. Duke Energy Marketing America, LLC [Docket No. ER04-234-000] Take notice that on November 26, 2003, Duke Energy Marketing America, LLC

(DEMA)petitioned the Federal Energy Regulatory Commission to amend the Western Systems Power Pool

(WSPP)Agreement to include DEMA as a participant. DEMA respectfully requests that the Commission allow the amendment to the WSPP Agreement to become effective on November 27, 2003. DEMA states that a copy of this filing has been served upon the WSPP Executive Committee Chair, WSPP Operating Committee Chair, WSPP General Counsel, and WSPP Secretary/Treasurer. *Comment Date:* December 17, 2003. 22. Florida Power Corporation [Docket No. ER04-235-000] Take notice that on November 26, 2003, Florida Power Corporation

(FPC)tendered for filing an executed Southwest Landfill Generating Facility Parallel Operation Agreement between FPC and Gainesville Regional Utilities. FPC is requesting an effective date of November 1, 2003 for this Rate Schedule. FPC states that a copy of the filing was served upon the Florida Public Service Commission and the North Carolina Utilities Commission. *Comment Date:* December 17, 2003. 23. Vermont Electric Power Company, Inc. [Docket No. ER04-236-000] Take notice that on November 26, 2003, Vermont Electric Power Company, Inc. submitted for filing an Operation and Maintenance Agreement and a Bill-Back Agreement between VELCO and Citizens Communication Company. *Comment Date:* December 17, 2003. 24. Virginia Electric and Power Company [Docket No. ER04-237-000] Take notice that on November 26, 2003, Virginia Electric and Power Company (Dominion Virginia Power) tendered for filing the following: A Master Power Purchase & Sale Agreement between Virginia Electric and Power Company and North Carolina Electric Membership Corporation, designated as Service Agreement Number 7, under the Company's Wholesale Cost-Based Rate Tariff, FERC Electric Tariff, Original Volume No. 7, effective on January 16, 2002. Dominion Virginia Power requests an effective date of January 1, 2004 for the Master Power Purchase and Sale Agreement, Amendment 1 of the Master Power Purchase and Sale Agreement, Capacity and System Firm Energy Transaction Confirmation and VA System Confirm-Bridge Transaction Confirmation. Dominion Virginia Power states that copies of the filing were served upon North Carolina Electric Membership Corporation, the Virginia State Corporation Commission, and the North Carolina Utilities Commission. *Comment Date:* December 17, 2003. 25. New England Power Pool [Docket No. ER04-238-000] Take notice that on November 26, 2003, the New England Power Pool (NEPOOL) Participants Committee filed revisions to NEPOOL Market Rule 1 to provide greater flexibility for Load Response Resources and to clarify the method for calculating Real-Time Operating Reserve Credits. A January 1, 2004 effective date is requested. The NEPOOL Participants Committee states that copies of these materials were sent to the NEPOOL Participants and the New England state governors and regulatory commissions. *Comment Date:* December 17, 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. E3-00512 Filed 12-9-03; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-7597-9] Proposed Settlement Agreement, Clean Air Act Citizen Suit AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed settlement agreement; request for public comment. SUMMARY: In accordance with section 113(g) of the Clean Air Act, as amended (“Act”), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement, to address petitions for review filed by Horween Leather Company and Gutmann Leather Company (collectively, “Petitioners”) in the United States Court of Appeals for the District of Columbia: *Horween Leather Company* v. *United States Environmental Protection Agency,* No. 02-1138 (D.C. Cir.), and consolidated case *Gutmann Leather Company* v. *United States Environmental Protection Agency,* No. 02-1139 (D.C. Cir.). Petitioners filed petitions for review challenging EPA's “Final Rule for National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations,” published at 67 FR 9156 *et seq.* (February 27, 2002). These standards are based on the performance of Maximum Achievable Control Technology (MACT), and implement section 112(d) of the Clean Air Act. Under the terms of the proposed settlement agreement, Petitioners and EPA will promptly file a pleading for the dismissal of the petitions for review with prejudice if EPA promulgates in final form an amendment to 40 CFR 63.5345, 63.5350, and 63.5460 clarifying the definition of “specialty leather”. DATES: Written comments on the proposed settlement agreement must be received by January 9, 2004. ADDRESSES: Submit your comments, identified by docket ID number OGC-2003-0007, online at *http://www.epa.gov/edocket* (EPA's preferred method); by e-mail to *oei.docket@epa.gov;* mailed to EPA Docket Center, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, excluding legal holidays. Comments on a disk or CD-ROM should be formatted in Wordperfect or ASCII file, avoiding the use of special characters and any form of encryption, and may be mailed to the mailing address above. FOR FURTHER INFORMATION CONTACT: Steven Silverman, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, telephone:

(202)564-5523. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Settlement Agreement This case concerns a challenge to the rule entitled “National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations,” published at 67 FR 9156 *et seq.* (February 27, 2002). These standards are based on the performance of Maximum Achievable Control Technology (MACT), and implement section 112(d) of the Clean Air Act. A number of tanneries subject to the rule filed petitions for review. EPA has negotiated a proposed settlement agreement with these petitioners addressing their request for clarification of the definition of “specialty leather”, as that term is defined in the rule. The proposed settlement would require EPA to propose a rule amending 40 CFR 63.5345, 63.5350, and 63.5460 clarifying that definition. The proposed rule would also add record-keeping requirements should EPA establish a new subcategory addressing a new type of specialty leather. For a period of thirty

(30)days following the date of publication of this notice, the Agency will receive written comments relating to the proposed settlement agreement from persons who were not named as parties or interveners to the litigation in question. EPA or the Department of Justice may withdraw or withhold consent to the proposed settlement agreement if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act. Unless EPA or the Department of Justice determine, based on any comment which may be submitted, that consent to the settlement agreement should be withdrawn, the terms of the agreement will be affirmed. II. Additional Information About Commenting on the Proposed Settlement Agreement A. How Can I Get a Copy of the Settlement Agreement? EPA has established an official public docket for this action under Docket ID No. OGC-2003-0007 which contains a copy of the settlement agreement. The official public docket is available for public viewing at the Office of Environmental Information

(OEI)Docket in the EPA Docket Center, 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 Public Reading Room is

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

(202)566-1752. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at *http://www.epa.gov/edocket/* to submit or view public comments, access the index listing of the contents of the official 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 appropriate docket identification number. It is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. Information claimed as CBI and other information whose disclosure is restricted by statute is not included in the official public docket or in EPA's electronic public docket. EPA's policy is that copyrighted material, including copyrighted material contained in a public comment, will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the EPA Docket Center. B. How and to Whom Do I Submit Comments? You may submit comments as provided in the ADDRESSES section. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment and with any disk or CD ROM you submit. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. The electronic public docket system is an “anonymous access” system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your comment. In contrast to EPA's electronic public docket, EPA's electronic mail (e-mail) system is not an “anonymous access” system. If you send an e-mail comment directly to the Docket without going through EPA's electronic public docket, your e-mail address is automatically captured and included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. Dated: December 4, 2003. Lisa K. Friedman, Associate General Counsel, Air and Radiation Law Office, Office of General Counsel. [FR Doc. 03-30592 Filed 12-9-03; 8:45 am]

Connectionstraces to 3

Traces to 3 documents

CFR

U.S. Code