Notices. Notice

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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 Nos. RP04-77-001 and RP00-445-007] Alliance Pipeline L.P.; Notice of Compliance Filing January 21, 2004. Take notice that on January 15, 2004, Alliance Pipeline L.P. (Alliance) tendered for filing, as part of its FERC Gas Tariff, Original Volume No. 1, the tariff sheets listed below, proposed to be effective January 1, 2004: Docket No. RP04-77-000 Substitute First Revised Sheet No. 300 Docket No.

RP00-445-006 Substitute Third Revised Sheet No. 11 Substitute Third Revised Sheet No. 12 Substitute Third Revised Sheet No. 13 Substitute Third Revised Sheet No. 14 Alliance states that the listed tariff sheets are being filed in compliance with the letter order issued in referenced dockets on December 31, 2003 (105 FERC ¶ 61,400 (2003)). Alliance states that the revised tariff sheets revise Section 2 of Alliance's pro forma Firm Transportation Agreement such that contract extension rights for each contract can be specified by filling in blank spaces limited to the term of the contract extension and the prior notice of the extension; and revising the negotiated rate contract summaries in Alliance's FERC Gas Tariff to reflect the contract term for each agreement.

Alliance states that copies of its filing have been mailed to all customers, state commissions, and other interested parties. 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. E4-126 Filed 1-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-51-000] ANR Pipeline Company; Notice of Application January 21, 2004. Take notice that ANR Pipeline Company (ANR), Nine E. Greenway Plaza, Houston, Texas 77046, filed in Docket No. CP04-51-000 on January 12, 2004, an application pursuant to sections 7(b) and 7(c) of the Natural Gas Act (NGA), as amended, for authority to

(1)replace a 4.7-mile section of an existing 14-inch mainline pipe with 30-inch pipe in Washington County, Wisconsin;

(2)construct and install a 3.5-mile, 8-inch looping pipeline in Brown County, Wisconsin; and

(3)at an existing compressor station in Oconto County, Wisconsin, add a gas cooling unit, re-wheel an existing 9100 hp compressor unit. ANR states that the proposed project, referred to as the EastLeg Project, is intended to provide service to two new power plants, all as more fully set forth in the application which is on file with the Commission and open to public inspection. ANR further states that this filing may be also viewed on the Web 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, call

(866)208-3676 or TTY,

(202)502-8659. Any questions regarding this application should be directed to Kevin Erwin, Senior Counsel, ANR Pipeline Company, Nine E. Greenway Plaza, Suite 1866, Houston, Texas 77046, phone

(832)676-5501 or fax

(832)676-2251. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's rules of practice and procedure (18 CFR 385.214 or 385.211) and the regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons may wish to comment only on the environmental review of these projects. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of environmental documents issued by the Commission, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, environmental commenters are also not parties to the proceeding and will not receive copies of all documents filed by other parties or nonenvironmental documents issued by the Commission. They will not have the right to seek court review of the Commission's final order. Concidentally with this Notice of Application, the Commission is issuing a notice regarding the environmental comment process. This notice describes the comment procedures and comment deadline. The Commission may issue a preliminary determination on non-environmental issues prior to the completion of its review of the environmental aspects of the project. This preliminary determination typically considers such issues as the need for the project and its economic effect on existing customers of the applicant, on other pipelines in the area, and on landowners and communities. For example, the Commission considers the extent to which the applicant may need to exercise eminent domain to obtain rights-of-way for the proposed project and balances that against the non-environmental benefits to be provided by the project. Therefore, if a person has comments on community and landowner impacts from this proposal, it is important either to file comments or to intervene as early in the process as possible. 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. *Comment Date:* February 11, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-120 Filed 1-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP96-200-118] CenterPoint Energy Gas Transmission Company; Notice of Compliance Filing January 21, 2004. Take notice that on January 14, 2004, CenterPoint Energy Gas Transmission Company

(CEGT)tendered for filing as part of its FERC Gas Tariff, Sixth Revised Volume No. 1, the following tariff sheets: First Revised Sheet No. 1 First Revised Sheet No. 46 First Revised Sheet No. 47 First Revised Sheet No. 70 First Revised Sheet No. 72 Original Sheet No. 72A First Revised Sheet No. 421 Original Sheet No. 421A First Revised Sheet No. 455 First Revised Sheet No. 469 Original Sheet No. 469A First Revised Sheet No. 476 Original Sheet No. 476A First Revised Sheet No. 590 First Revised Sheet No. 683 First Revised Sheet No. 728 First Revised Sheet No. 729 First Revised Sheet No. 730 Original Sheet No. 731 Original Sheet No. 732 Original Sheet No. 733 Original Sheet No. 734 Original Sheet No. 735 Original Sheet No. 736 Sheet Nos. 737—741 Original Sheet No. 788 Original Sheet No. 789 Sheet Nos. 790—798 CEGT states that the purpose of this filing is to comply with the Commission's Order Directing Filing of Tariff Provisions and Modifying Non-Conforming Agreements in Docket Nos. RP96-200-092, 097, 101-108, 110-111, CenterPoint Energy Gas Transmission Company, 104 FERC ¶ 61,281 (2003). CEGT states that it intends for these tariff sheets to take effect on the first day of the month after the Commission issues an order approving this compliance filing. However, the proposed tariff sheets show an effective date of March 1, 2004. 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. E4-127 Filed 1-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP03-70-004] Gas Transmission Northwest Corporation; Notice of Compliance Filing January 21, 2004. Take notice that on January 14, 2004, Gas Transmission Northwest Corporation

(GTN)tendered for filing tariff sheets as part of its FERC Gas Tariff, Second Revised Volume No. 1-A. The tariff sheets are listed in Appendix A to the filing, with a May 8, 2003 effective date. GTN states that the filing is being made to comply with the Commission's December 24, 2003 Order on Compliance and Rehearing in this proceeding. 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 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. E4-123 Filed 1-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-141-000] Gas Transmission Northwest Corporation; Notice of Refund Report January 21, 2004. Take notice that on January 15, 2004, Gas Transmission Northwest Corporation

(GTN)tendered for filing a Refund Report which reports GTN's refund of interruptible transportation revenues collected on its Coyote Springs Lateral, in compliance with Section 35A of GTN's FERC Gas Tariff, Third Revised Volume No. 1-A. 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 § 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. *Comment Date:* January 28, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-124 Filed 1-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PR04-7-000] Raptor Natural Pipeline, LLC; Notice of Petition for Rate Approval January 21, 2004. Take notice that on December 31, 2003, Raptor Natural Pipleline LLC (Raptor) filed pursuant to § 284.123(b)(2) of the Commission's regulations, a petition for rate approval requesting that the Commission approve the proposed rates as fair and equitable for firm and interruptible transmission services performed under section 311 of the Natural Gas Policy Act of 1978 (NGPA). Raptor proposes an effective date of January 1, 2004. Raptor states that it is an intrastate pipeline company providing services through its facilities located in New Mexico. Pursuant to § 284.123(b)(2)(ii), if the Commission does not act within 150 days of the date of this filing, the rates will be deemed to be fair and equitable and not in excess of an amount which interstate pipelines would be permitted to charge for similar transportation service. The Commission may, prior to the expiration of the 150 day period, extend the time for action or institute a proceeding to afford parties an opportunity for written comments and for the oral presentation of views, data, and arguments. 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 § 385.314 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 “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

(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. E4-125 Filed 1-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL04-56-000, et al.] New York Municipal Power Agency, et al.; Electric Rate and Corporate Filings January 20, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. New York Municipal Power Agency, Complaint v. New York State Electric & Gas Corporation, Respondent [ Docket No. EL04-56-000] Take notice that on January 16, 2004, the New York Municipal Power Authority, on behalf of its affected member municipal systems (NYMPA), filed a Complaint concerning certain elements of the Transmission Service Charge currently assessed by the New York State Electric & Gas Corporation (NYSEG) under Attachment H of the Open Access Transmission Tariff of the New York Independent System Operator, Inc. NYMPA states that a copy of the Complaint was served on NYSEG. *Comment Date:* February 5, 2004. 2. Northbrook New York, LLC [Docket No. ER99-3911-002] Take notice that on January 13, 2004, Northbrook New York, LLC tendered for filing its triennial review in compliance with the Commission's Order in Oswego Harbor Power LLC, et. al., Docket No. ER99-3637-000, 88 FERC ¶ 61,219 (1999), which gave Northbrook market-based rate authorization. *Comment Date:* February 3, 2004. 3. New England Power Pool ISO New England Inc. [Docket No. ER03-1318-003] Take notice that on January 13, 2004, ISO New England Inc.

(ISO)submitted a Compliance Report in Docket No. ER03-1318-000 as directed by the Commission in its November 14, 2003 Order Accepting Forward Reserve Market Filing, 105 FERC ¶ 61,204. The ISO states that copies of the filing have been served on all parties to the above-captioned proceeding. *Comment Date:* February 3, 2004. 4. Sempra Energy Trading Corp. [Docket Nos. ER03-1413-002] Take notice that on January 14, 2004, Sempra Energy Trading Corp.

(SET)submitted for filing a revised rate schedule, modifying the rate schedule submitted on November 24, 2003 in the above-referenced docket. *Comment Date:* January 30, 2004. 5. Mountain View Power Partners III, LLC [Docket Nos. ER04-94-001] Take notice that on January 14, 2004, Mountain View Power Partners III, LLC (Mountain View) tendered for filing in accordance with 18 CFR 35 of the Commission's Rules and Regulations revisions to Mountain View's market-based rate tariff designated as FERC Electric Tariff, First Rev.Volume No. 1. Mountain View requests waiver of the Commission's prior notice requirements so that the revisions may be effective on December 17, 2003 in compliance with the Commission's Order in Docket No. EL01-118, 105 FERC ¶ 61,218 (November 17, 2003). Mountain View states that it has served a copy of this filing on all parties designated on the official service list compiled by the Secretary in this proceeding. *Comment Date:* February 4, 2004. 6. NRG Northern Ohio Generating LLC [Docket No. ER04-106-000] Take notice that on January 14, 2004, NRG Northern Ohio Generating LLC (NRG Northern Ohio) submitted pursuant to Section 35.15 of the Federal Energy Regulatory Commission's regulations, 18 CFR 35.15, a notice canceling NRG Northern Ohio's FERC Rate Schedule No. 1 and Service Agreement No. 1 thereunder. NRG Northern Ohio requests that the cancellation be made effective January 14, 2004. *Comment Date:* February 4, 2004. 7. Avista Corporation [Docket No. ER04-196-001] Take notice that on January 13, 2004, Avista Corporation (Avista) tendered for filing pursuant to Section 205 of the Federal Power Act, a replacement certificate of concurrence by Portland General Electric Company for Rate Schedule No. 701. The Rate Schedule was initially filed on November 17, 2003 in Docket No. ER04-196-000. Avista is requesting November 1, 2003 as the effective date. *Comment Date:* February 3, 2004. 8. PacifiCorp [Docket No. ER04-398-000] Take notice that on January 13, 2004, PacifiCorp submitted for filing the 2003-04 Operating Procedures with respect to the 1997 Pacific Northwest Coordination Agreement ( the 1997 PNCA). PacifiCorp states that the 2003-04 Operating Procedures amend the 1997 PNCA. PacifiCorp further states that copies of the filing were served on the parties to the 1997 PNCA. *Comment Date:* February 3, 2004. 9. Westar Energy, Inc. [Docket No. ER04-399-000] Take notice that on January 13, 2004, Westar Energy, Inc. (Westar) submitted for filing an Interconnection Agreement between Westar and Kaw Valley Electric Cooperative, Inc (Kaw Valley). Westar states that this filing allows it to deliver electric power and energy across Kaw Valley's facilities for redelivery to Westar's Hoyt, Rossville or Delia metering points from time to time. Westar states that a copy of this filing was served upon the Kansas Corporation Commission and Kaw Valley *Comment Date:* February 3, 2004. 10. Tampa Electric Company [Docket No. ER04-401-000] Take notice that on January 14, 2004, Tampa Electric Company

(TEC)tendered for filing a notice of cancellation of the Interconnection and Operating Agreement between TEC and CPV Pierce, Ltd. (CPV). TEC requests that the cancellation be made effective on January 5, 2004, as ally agreed by the parties. TEC states that copies of the filing have been served on CPV and the Florida Public Service Commission. *Comment Date:* February 4, 2004. 11. NRG Ashtabula Generating LLC [Docket No. ER04-402-000] Take notice that on January 14, 2004, NRG Ashtabula Generating LLC (NRG Ashtabula) submitted pursuant to 18 CFR 35.15 a Notice of Cancellation of FERC Rate Schedule No. 1. NRG Ashtabula requests that the cancellation be made effective January 14, 2004. *Comment Date:* February 4, 2004. 12. LSP-Pike Energy LLC [Docket No. ER04-404-000] Take notice that on January 14, 2004, LSP-Pike Energy LLC submitted pursuant to 18 CFR 35.15 a Notice of Cancellation of FERC Rate Schedule No. 1. LDP-Pike Energy LLC requests that the cancellation be made effective January 14, 2004. *Comment Date:* February 4, 2004. 13. NRG Lake Shore Generating LLC [Docket No. ER04-405-000] Take notice that on January 14, 2004, NRG Lake Shore Generating LLC (NRG Lake Shore) submitted pursuant 18 CFR 35.15 a Notice of Cancellation of FERC Rate Schedule No. 1. NRG Lake Shore requests that the cancellation be made effective January 14, 2004. *Comment Date:* February 4, 2004. 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. E4-129 Filed 1-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-34-000] Columbia Gas Transmission Corporation; Notice of Intent To Prepare an Environmental Assessment for the Proposed Line 1278 Replacement Project and Request for Comments on Environmental Issues January 21, 2004. The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment

(EA)that will discuss the environmental impacts of the Line 1278 Replacement Project involving the replacement of 43.4 miles of its existing Line 1278 pipeline by Columbia Gas Transmission Corporation (Columbia) in Northampton, Monroe, and Pike Counties, Pennsylvania. 1 Columbia has indicated that it intends to replace about 10.7 miles of its Line 1278 pipeline in Bucks and Northampton Counties under its blanket certificate issued in Docket No. CP83-76-000. Construction would be done in two phases in 2004 and 2005 as described below. This EA will be used by the Commission in its decision-making process to determine whether the project is in the public convenience and necessity. 1 Columbia's application was filed with the Commission under sections 7(b) and 7(c) of the Natural Gas Act and Part 157 of the Commission's regulations. If you are a landowner receiving this notice, you may be contacted by a pipeline company representative about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The pipeline company would seek to negotiate a mutually acceptable agreement. However, if the project is approved by the Commission, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings in accordance with state law. A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” was attached to the project notice Columbia provided to landowners. This fact sheet addresses a number of typically asked questions including the use of eminent domain and how to participate in the Commission's proceedings. It is available for viewing on the FERC Internet Web site ( *http://www.ferc.gov* ). Summary of the Project Columbia is under mandate from the United States Department of Transportation to replace deteriorated sections of its existing 14-inch-diameter Line 1278. Columbia proposes to replace and upgrade a segment of 43.4 miles of Line 1278, commencing in Northampton County and terminating in Pike County, Pennsylvania. This portion of pipeline would be upgraded to 20-inch-diameter pipeline mostly within the same trench of the existing pipeline on Columbia's existing right-of-way. Additional temporary workspace outside of Columbia's existing right-of-way would be required. Pursuant to the Pennsylvania Department of Transportation (PENNDOT) relocation of Route 209 (future Route 402) in Marshall's Creek, Monroe County, Pennsylvania, Columbia has been forced to relocate 0.8 mile of its existing right-of-way. The forced relocation (included in the overall 43.4-mile segment) would result in about 6.1 acres of impact. Upon relocation of the pipeline at Route 209, Columbia would abandon the existing right-of-way affected by PENNDOT's project-in-place. PENNDOT would acquire property rights over the affected portions of Columbia's right-of-way and the abandoned pipeline. Columbia would replace eight 14-inch-diameter valve settings with 20-inch-diameter valve settings, remove a 12-inch-diameter valve setting, and install a new 20-inch-diameter valve setting. The existing 14-inch diameter pig launcher presently located at the Easton Compressor Station would be removed and relocated to the northern terminus of the project at Weber Road for use on Line 1278 northward to the Millrift Valve Station at the Delaware River. A new 20-inch-diameter receiver and a 12-inch-diameter regulator setting would also be installed at the Millrift Valve Station. Columbia would proceed with construction in four distinct segments. The 0.8 mile relocation at Route 209 would proceed from May through November of 2004 as would 15.1 miles of the replacement in Pike County. From May through November of 2005, Columbia would undertake the replacement of a 21.1 mile segment in Northampton and Monroe Counties and a 6.2 mile segment in Monroe and Pike Counties. The location of the project facilities is shown in appendix 1. 2 2 The appendices referenced in this notice are not being printed in the **Federal Register** . Copies of all appendices, other than appendix 1 (maps), are available on the Commission's Web site at the “eLibrary” link or from the Commission's Public Reference and Files Maintenance Branch, 888 First Street, NE., Washington, DC 20426, or call

(202)502-8371. For instructions on connecting to eLibrary refer to the last page of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. Land Requirements for the Project It is expected that 478.7 acres would be affected by the replacement project. The project would utilize Columbia's existing 50-foot right-of-way and a 25-foot temporary construction right-of-way. About 23.5 acres of extra workspace would be needed for staging areas, and at road crossings, waterbody and wetland crossings, and steep slopes. About 34.9 acres of access roads would also be needed temporarily, and all but one of the access roads are existing. The 0.8 mile reroute consisting of 6.1 (included in the above total) acres would be the only new permanent right-of-way acquired by Columbia for this project. The launcher/receiver and regulator setting would require a new fenced lot of about 100-feet by 200-feet at Weber Road at the northern terminus of the project. The EA Process The National Environmental Policy Act

(NEPA)requires the Commission to take into account the environmental impacts that could result from its action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us 3 to discover and address concerns the public may have about proposals. This process is referred to as “scoping”. The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this Notice of Intent, the Commission requests public comments on the scope of the issues it will address in the EA. All comments received are considered during the preparation of the EA. State and local government representatives are encouraged to notify their constituents of this proposed action and encourage them to comment on their areas of concern. 3 “We”, “us”, and “our” refer to the environmental staff of the Office of Energy Projects (OEP). The EA will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings: • Geology and soils. • Land use. • Water resources, fisheries, and wetlands. • Cultural resources. • Vegetation and wildlife. • Air quality and noise. • Public safety. • Endangered and threatened species. We will also evaluate possible alternatives to the proposed project, and make recommendations on how to lessen or avoid impacts on the various resource areas. Our independent analysis of the issues will be in the EA. Depending on the comments received during the scoping process, the EA may be published and mailed to Federal, state, and local agencies, public interest groups, Native American tribes, interested individuals, affected landowners, newspapers, libraries, and the Commission's official service list for this proceeding. A comment period will be allotted for review if the EA is published. We will consider all comments on the EA before we make our recommendations to the Commission. To ensure your comments are considered, please carefully follow the instructions in the public participation section below. Currently Identified Environmental Issues We have already identified several issues that we think deserve attention based on a preliminary review of the proposed facilities and the environmental information provided by Columbia. This preliminary list of issues may be changed based on your comments and our analysis. • Crossing through 3.6 miles of the Delaware Water Gap—National Recreation Area. • Crossing 51 perennial streams. • Crossing 124 wetlands, including disturbance to 26.3 acres of forested wetlands. • One federally-listed amphibian specie. • 172 residences located within 50 feet of the construction work area. Public Participation You can make a difference by providing us with your specific comments or concerns about the project. By becoming a commentor, your concerns will be addressed in the EA and considered by the Commission. You should focus on the potential environmental effects of the proposal, and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your letter to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426. • Label one copy of the comments for the attention of Gas Branch 1. • Reference Docket No. CP04-34-000. • Mail your comments so that they will be received in Washington, DC on or before February 23, 2004. Please note that we are continuing to experience delays in mail deliveries from the U.S. Postal Service. As a result, we will include all comments that we receive within a reasonable time frame in our environmental analysis of this project. However, the Commission strongly encourages electronic filing of any comments or interventions or protests to this proceeding. 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 and the link to the User's Guide. Before you can file comments you will need to create a free account which can be created on-line. We may mail the EA for comment. If you are interested in receiving it, please return the Information Request (appendix 4). If you do not return the Information Request, you will be taken off the mailing list. Becoming an Intervenor In addition to involvement in the EA scoping process, you may want to become an official party to the proceeding known as an “intervenor.” Intervenors play a more formal role in the process. Among other things, intervenors have the right to receive copies of case-related Commission documents and filings by other intervenors. Likewise, each intervenor must provide 14 copies of its filings to the Secretary of the Commission and must send a copy of its filings to all other parties on the Commission's service list for this proceeding. If you want to become an intervenor you must file a motion to intervene according to Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.214) (see appendix 2). 4 Only intervenors have the right to seek rehearing of the Commission's decision. 4 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your environmental comments considered. Environmental Mailing List An effort is being made to send this notice to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project. SUPPLEMENTARY INFORMATION: Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet website ( *http://www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance with eLibrary, the eLibrary helpline can be reached at 1-866-208-3676, TTY

(202)502-8659, or at *ferconlinesupport@ferc.gov.* The eLibrary link on the FERC Internet Web site also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. Go to *http://www.ferc.gov/esubscribenow.htm.* Finally, public meetings or site visits will be posted on the Commission's calendar located at *http://www.ferc.gov/EventCalendar/EventsList.aspx* along with other related information. Magalie R. Salas, Secretary. [FR Doc. E4-128 Filed 1-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 287-009] Midwest Hydro Inc.; Notice of Application Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions January 20, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* New major license. b. *Project No.:* 287-009. c. *Date Filed:* April 8, 2002. d. *Applicant:* Midwest Hydro Inc. e. *Name of Project:* Dayton Hydroelectric Project. f. *Location:* On the Fox River near the City of Dayton, in La Salle County, Illinois. The project does not occupy Federal lands. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791 (a)-825(r). h. *Applicant Contact:* Mr. Loyal Gake, Midwest Hydro Inc., 116 State Street, P.O. Box 167, Neshkoro, WI 54960

(920)293-4628. i. *FERC Contact:* Tom Dean at

(202)502-6041, *thomas.dean@ferc.gov* . j. * Deadline for filing comments, recommendations, terms and conditions, and prescriptions:* 60 days from the issuance date of this notice, reply comments due 105 days from the issuance 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. Documents may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “eFiling” link. The Commission's rules of practice and procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Status of environmental analysis:* This application is ready for environmental analysis at this time. l. *Description of Project:* The existing project consists of:

(1)A 23-foot-high, 594-foot-long arch buttress concrete dam;

(2)a 200-foot-long earthen embankment;

(3)a concrete head gate structure with four 15.5-foot-wide by 9.5-foot-high wooden gates;

(4)a 900-foot-long, 135-foot-wide power canal;

(5)a 200-acre reservoir with a normal storage capacity of 605 area-feet, at a normal pool elevation of 498.90 mean sea level;

(6)a powerhouse containing three generating units with a combined capacity of 3,680 kW; and

(7)appurtenant facilities. m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *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. You may also register online at *http://www.ferc.gov/esubsribenow.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. To view upcoming FERC events, go to *www.ferc.gov* and click on “View Entire Calendar”. Anyone may obtain an extension of time for these deadlines from the Commission only upon a showing of good cause or extraordinary circumstances in accordance with 18 CFR 385.2008. All filings must:

(1)Bear in all capital letters the title “COMMENTS”, “REPLY COMMENTS”, “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “PRESCRIPTIONS;”

(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;

(3)furnish the name, address, and telephone number of the person submitting the filing; and

(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Each filing must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b), and 385.2010. n. *Procedures schedule:* The Commission staff proposes to issue one Environmental Assessment

(EA)rather than issuing a draft and final EA. Staff intends to allow at least 30 days for entities to comment on the EA, and will take into consideration all comments received on the EA before final action is taken on the license application. The application will be processed according to the following schedule, but revisions to the schedule may be made as appropriate: *Issue notice of availability of EA:* June 2004. *Ready for Commission decision on the application:* August 2004. Magalie R. Salas, Secretary. [FR Doc. E4-122 Filed 1-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER02-1656-017 and EL03-216-001] California Independent System Operator Corporation; Notice of Agenda of Staff Technical Conference January 21, 2004. As announced in the Notice of Technical Conference issued on December 16, 2003, the Commission Staff will convene a technical conference on January 28-29, 2004, to discuss with state representatives and market participants in California various substantive issues related to the California Independent System Operator's (CAISO) Revised MD02 proposal, including the flexible offer obligation proposal, the residual unit commitment process, pricing for constrained-output generators, marginal losses, and ancillary services and other market efficiency issues not related to the mitigation of market power. The market power mitigation issues will be discussed at the technical conference proposed to be held in San Francisco, California in early March 2004. The conference will focus on the six issue areas identified in the agenda, which is appended to this notice. The discussion of each topic on the conference agenda will begin with a short presentation by the Commission Staff to frame the issue, followed by an open discussion amongst all participants. Participants are encouraged to be prepared to discuss the issues substantively. The conference will begin at 9 a.m. eastern time on both days, and will adjourn at 5 p.m. eastern time on January 29, 2004. The conference will be held in the offices of the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC. The conference is open for the public to attend, and registration is not required. For more information about the conference, please contact: Olga Kolotushkina at

(202)502-6024 or at *olga.kolotushkina@ferc.gov* . Magalie R. Salas, Secretary. Agenda for January 28-29 Staff Technical Conference I.Flexible Offer Obligation Proposal 1 • How will the implementation of this proposal affect day-ahead

(DA)and real-time

(RT)market timelines? 1 *See* California Independent System Operator Corporation, 105 FERC ¶ 61,140

(2003)(October 28 Order) at P 217-232. • To what extent does the Flexible Offer Obligation provide adequate incentive to suppliers to participate in CAISO's markets and provide CAISO with the reliability it needs? • Explain why, if at all, slow-start units present special circumstances that justify exempting them from the Flexible Offer Obligation requirements. What are the alternatives for a slow-start unit to protect itself from unrecovered start-up and minimum-load costs by bidding into the DA market? II. Residual Unit Commitment

(RUC)Issues 2 2 *See* October 28 Order at P 99-130. • Energy Procurement Target. • Why is energy procurement needed if procured capacity can ensure reliability? • Explain what impacts the procurement of energy could have on the DA market, *e.g.* , discouraging load from bidding. • Would energy purchased through RUC receive a different price than energy procured from the DA market? Explain. • Who would pay for energy that was procured but ultimately not needed? • Treatment of and obligations for imports. • Explain the extent to which the purchase of only capacity (not energy) gives imports sufficient incentive to acquire the necessary transmission capacity across the ties. • Rescission of RUC availability payment. • How does the RUC availability payment differ from a call option? • How does the RUC availability payment differ from offering operating reserve capacity? • Netting of start-up/minimum load (SU/ML) costs. • What are the pros and cons of permitting units that are committed in the DA market to receive payment to cover SU/ML costs in the DA market and retain all revenues for subsequent sales? • Obligations from commitment in DA market and RUC. • Explain how, if at all, units committed to supply capacity in RUC are obligated to offer energy in real time. What are the impacts to markets? • Discussion of use of daily or monthly gas indices in cost-based option for SU/ML costs. III. Ancillary Services (A/S) 3 3 *See* October 28 Order at P 79-84. • To what extent should the ISO have well-defined, transparent A/S procurement rules? How much flexibility should the ISO have in determining when to purchase needed A/S? What are the impacts? • Should market participants have the opportunity to buy their A/S position back in the hour-ahead market? What impact would this have on markets and system operators? IV. Constrained-Output Generators 4 4 *See* October 28 Order at P 85-89. • Explain when is it appropriate for constrained-output generators to set the market clearing price. • Explain whether and why different pricing rules between the DA and RT markets may be appropriate. V. Marginal Losses 5 5 *See* October 28 Order at P 71-78. • How can the excess revenues created through marginal loss pricing be returned to the appropriate participants without distorting efficient price signals? • How should entities that self-provide losses be treated? • Discussion of alternative proposals, including that of FPL Energy, LLC. VI. Miscellaneous Issues [FR Doc. E4-121 Filed 1-27-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [RT01-99-000, RT01-99-001, RT01-99-002, RT01-99-003 RT01-86-000, RT01-86-001, RT01-86-002, RT01-95-000, RT01-95-001, RT01-95-002, RT01-2-000,RT01-2-001, RT01-2-002, RT01-2-003, RT01-98-000, and RT02-3-000] Regional Transmission Organizations, Bangor Hydro-Electric Company, et al., New York Independent System Operator, Inc., et al., PJM Interconnection, LLC, et al., PJM Interconnection, LLC, ISO New England, Inc., New York Independent System Operator, Inc.; Notice January 21, 2004. Take notice that PJM Interconnection, LLC, New York Independent System Operator, Inc. and ISO New England, Inc. have posted on their internet websites charts and information updating their progress on the resolution of ISO seams. Any person desiring to file comments on this information 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). All such comments should be filed on or before the comment date. Comments 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. *Comment Date* : February 13, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-119 Filed 1-27-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OPP-2003-0294; FRL-7336-9] Report of the Food Quality Protection Act

(FQPA)Tolerance Reassessment and Risk Management Decision

(TRED)for Lactofen; Notice of Availability AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This document announces availability of and starts a 30-day public comment period for the Report of the Food Quality Protection Act

(FQPA)Tolerance Reassessment and Risk Management Decision

(TRED)for Lactofen. EPA has reassessed the existing tolerances for lactofen. DATES: Comments, identified by docket

(ID)number OPP-2003-0294, must be received on or before February 27, 2004. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/courier. Follow the detailed instructions as provided in Unit I of the SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Christina Scheltema, Special Review and Reregistration Division (7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:

(703)308-2201; fax number:

(703)308-8005; e-mail address: *scheltema.christina@epa.gov.* SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general but may be of interest to a wide range of stakeholders, including environmental, human health, and agricultural advocates; the agrochemical industry; pesticide users; and members of the public interested in pesticide use on food. This list is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. If you have any questions regarding the applicability of this action to you or a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Get Copies of this Document and Other Related Information? 1. *Docket* . EPA has established an official public docket for this action under docket identification ID number OPP-2003-0294. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The docket telephone number is

(703)305-5805. 2. *Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr/.* 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 ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I.B.1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, 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. 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 EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff. C. How and To Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. 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 wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I.D. Do not use EPA Dockets or e-mail to submit CBI or information protected by statute. 1. *Electronically* . If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. 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. EPA's policy is that EPA will not edit your comment, and 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. i. *EPA Dockets* . Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at *http://www.epa.gov/edocket/* , and follow the online instructions for submitting comments. Once in the system, select “search,” and then key in docket ID number OPP-2003-0294. The 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. ii. *E-mail* . Comments may be sent by e-mail to *opp-docket@epa.gov* , Attention: Docket ID number OPP-2003-0294. In contrast to EPA's electronic public docket, EPA's 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, EPA's e-mail system automatically captures your e-mail address. E-mail addresses that are automatically captured by EPA's e-mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. *Disk or CD ROM* . You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I.C.2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. *By mail* . Send your comments to: Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001, Attention: Docket ID number OPP-2003-0294. 3. *By hand delivery or courier* . Deliver your comments to: Public Information and Records Integrity Branch (PIRIB), Office of Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID number OPP-2003-0294. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I.B.1. D. How Should I Submit CBI To the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e-mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI (if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT. E. What Should I Consider as I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at your estimate. 5. Provide specific examples to illustrate your concerns. 6. Offer alternatives. 7. Make sure to submit your comments by the comment period deadline identified. 8. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your response. It would also be helpful if you provided the name, date, and **Federal Register** citation related to your comments. II. What Action is the Agency Taking? EPA has reassessed the risks associated with current and proposed food uses of the pesticide active ingredient lactofen, reassessed two existing tolerances, and reached a tolerance reassessment and risk management decision. The Agency is issuing for comment the resulting Report on FQPA Tolerance Reassessment Progress and Risk Management Decision for lactofen, known as a TRED, as well as a summary, overview, and technical support documents. Tolerances for lactofen in or on raw agricultural commodities for plants are currently established for the combined residues of lactofen and its associated metabolites containing the diphenyl ether linkage, but will be revised to include only lactofen per se. The two existing tolerances for lactofen have been reassessed and will be lowered from 0.05 ppm to 0.01 ppm. There are currently no tolerances for lactofen in processed commodities or animal commodities, and the available residue data indicate that tolerances for these commodities are not necessary. No maximum residue limits

(MRLs)for lactofen have been established or proposed by Codex. Therefore, there are no international compatibility issues with respect to U.S. tolerances. EPA must review tolerances and tolerance exemptions that were in effect when FQPA was enacted in August 1996, to ensure that these existing pesticide residue limits for food and feed commodities meet the safety standard established by the new law. Tolerances are considered reassessed once the safety finding has been made or a revocation occurs. EPA has reviewed and made the requisite safety finding for the tolerances lactofen included in this notice. EPA works extensively with affected parties to reach the tolerance reassessment decisions presented in TREDs. The Agency therefore is issuing the lactofen TRED as a final decision with a 30-day comment period. All comments received during the next 30 days will be carefully considered by the Agency. If any comment significantly affects the Agency's decision, EPA will publish an amendment to the TRED in the **Federal Register** . In the absence of substantive comments, the tolerance reassessment decisions reflected in this TRED will be considered final. List of Subjects Environmental protection, pesticides, lactofen, tolerance reassessment. Dated: January 13, 2004. Debra Edwards, Director, Special Review and Reregistration Division. [FR Doc. 04-1548 Filed 1-27-04; 8:45 am]

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