Notices. Notice

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BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-54-000] ANR Storage Company; Notice of Application January 26, 2004. Take notice that on January 16, 2004, ANR Storage Company (“ANR Storage”), Nine E Greenway Plaza, Houston, Texas 77046, filed in Docket No. CP04-54-000, an abbreviated application pursuant to Section 7(b) of the Natural Gas Act (“NGA”), 15 U.S.C. 717f(b), as amended, and the Regulations of the Federal Energy Regulatory Commission's (“Commission”) 18 CFR sections 157.5 *et seq* ., Subpart A, requesting that the Commission issue an order authorizing ANR Storage to abandon a storage service performed by ANR Storage under its Rate Schedule X-11 on behalf of Aquila Inc., successor in interest to Inter City Gas Corporation.

Any questions regarding this application should be directed to Jacques A. Hodges, Attorney, Nine E Greenway Plaza, Houston, Texas 77046,

(832)676-5509. 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 “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. E4-167 Filed 2-2-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER04-242-000, EL04-50-000, ER04-115-000, and EL04-47-000] Pacific Gas and Electric Company, California Independent System Corporation; Notice of Initiation of Proceeding and Refund Effective Date January 27, 2004. Take notice that on January 23, 2004, the Commission issued an order in the above-referenced dockets initiating an investigation in Docket No. EL04-50-000 under section 206 of the Federal Power Act. The refund effective date in Docket No. EL04-50-000, established pursuant to section 206(b) of the Federal Power Act, will be 60 days following publication of this notice in the **Federal Register** . Magalie R. Salas, Secretary. [FR Doc. E4-166 Filed 2-2-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER00-2173-002, et al.] Northern Indiana Public Service Company, et al.; Electric Rate and Corporate Filings January 26, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Northern Indiana Public Service Company, EnergyUSA-TPC Corp., Whiting Clean Energy, Inc. [Docket No. ER00-2173-002] Take notice that on January 15, 2004, Northern Indiana Public Service Company (NIPSCO), EnergyUSA-TPC Corp. (TPC), and Whiting Clean Energy, Inc. (Whiting) (jointly NiSource Companies) tendered for filing their three-year analysis regarding market power in the relevant generation markets. In addition, TPC and Whiting submitted revised market-based rate tariffs incorporating the market behavior rules adopted by the Commission on November 17, 2003, in Docket Nos. EL01-118-000 and 001. *Comment Date:* February 5, 2004. 2. PJM Interconnection, LLC [Docket No. ER04-368-001] Take notice that on January 16, 2004, PJM Interconnection, LLC (PJM), submitted for filing a substitute construction service agreement

(CSA)among PJM, Borough of Chambersburg and Monongahela Power Company, the Potomac Edison Company, and West Penn Power Company, all doing business as Allegheny Power. PJM requests a waiver of the Commission's 60-day notice requirement to permit a December 17, 2003, effective date for the substitute CSA. PJM states that copies of this filing were served upon the parties to the agreements, the state regulatory commissions within the PJM region, and the official service list compiled by the Secretary in this proceeding. *Comment Date:* February 6, 2004. 3. The Connecticut Light and Power Company [Docket No. ER04-408-000] Take notice that on January 16, 2004, Northeast Utilities Service Company (NUSCO), on behalf of its affiliate, the Connecticut Light and Power Company (CL&P), filed the executed Original Service Agreement No. 104 (the Service Agreement) by and between CL & P and Lake Road Trust (Lake Road) under Northeast Utilities System Companies' Open Access Transmission Tariff No. 10. NUSCO requests an effective date of December 31, 2003, for the Service Agreement, and requests any waivers of the Commission's regulations that may be necessary to permit such an effective date. NUSCO states that a copy of this filing has been sent to Lake Road. *Comment Date:* February 6, 2004. 4. PJM Interconnection, LLC [Docket No. ER04-410-000] Take notice that on January 16, 2004, PJM Interconnection, LLC (PJM), submitted for filing an executed interconnection service agreement

(ISA)among PJM and Borough of Chambersburg, and Monongahela Power Company, the Potomac Edison Company, and West Penn Power Company, all doing business as Allegheny Power. PJM requests a waiver of the Commission's 60-day notice requirement to permit a December 17, 2003, effective date for the ISA. PJM states that copies of this filing were served upon the parties to the agreement and the state regulatory commissions within the PJM region. *Comment Date:* February 6, 2004. 5. Niagara Mohawk Power Corporation [Docket No. ER04-411-000] Take notice that on January 16, 2004, Niagara Mohawk Power Corporation, a National Grid Company (Niagara Mohawk), tendered for filing Original Service Agreement No. 333 (Service Agreement) between Niagara Mohawk and Besicorp-Empire Power Company, LLC (POWER CO.) under the New York Independent System Operator's FERC Electric Tariff, Original Volume No. 1. *Comment Date:* February 6, 2004. 6. The Connecticut Light and Power Company [Docket No. ER04-412-000] Take notice that on January 16, 2004, Northeast Utilities Service Company (NUSCO), on behalf of its affiliate, the Connecticut Light and Power Company (CL&P), filed executed Original Service Agreement No. 105 by and between CL&P and Waterside Power, LLC (Waterside) under Northeast Utilities System Companies' Open Access Transmission Tariff No. 10. NUSCO and Waterside request an effective date of January 16, 2004. NUSCO states that a copy of this filing has been sent to Waterside. *Comment Date* : February 6, 2004. 7. Maine Public Service Company [Docket No. ER04-420-000] Take notice that on January 16, 2004, Maine Public Service Company

(MPS)submitted for filing an executed interconnection agreement between MPS and Boralex Fort Fairfield, Inc. MPS requests an effective date of January 7, 2004, for the agreement. MPS states that copies of this filing were served upon Boralex Fort Fairfield, Inc., the Maine Public Service Commission, and the Maine Office of Public Advocate. *Comment Date:* February 6, 2004. 8. Western Massachusetts Electric Company [Docket No. ER04-421-000] Take notice that on January 16, 2004, Northeast Utilities Service Company (NUSCO), on behalf of its affiliate, Western Massachusetts Electric Company (WMECO), filed an executed Interconnection and Operations Agreement by and between WMECO and Berkshire Power Company, LLC (Berkshire Power) designated as Original Service Agreement No. 103 (Service Agreement) under Northeast Utilities System Companies' Open Access Transmission Tariff No. 10. NUSCO and Berkshire Power request an effective date for the Service Agreement of January 20, 2004, and request any waivers of the Commission's regulations that may be necessary to permit such an effective date. NUSCO states that a copy of this filing has been sent to Berkshire Power. *Comment Date:* February 6, 2004. 9. American Transmission Company LLC [Docket No. ER04-422-000] Take notice that on January 16, 2004, American Transmission Company LLC (ATCLLC) tendered for filing a Generation-Transmission Interconnection Agreement between ATCLLC and White Pine Copper Refinery, Inc. ATCLLC requests an effective date of January 16, 2004. *Comment Date:* February 6, 2004. 10. Niagara Mohawk Power Corporation [Docket No. ER04-423-000] Take notice that on January 16, 2004, Flat Rock Windpower, LLC (Flat Rock), pursuant to a request by Niagara Mohawk Power Corporation, a National Grid Company (Niagara Mohawk), filed an Interconnection Service Agreement between Flat Rock and Niagara Mohawk (the Agreement) subject to the NYISO's Open Access Transmission Tariff. On behalf of Niagara Mohawk, Flat Rock requests an effective date of January 16, 2004, for the Agreement and seeks a waiver of the Commission's prior notice requirement. Flat Rock states that it has served a copy of the filing on Niagara Mohawk, the NYISO and the New York State Public Service Commission. *Comment Date:* February 6, 2004. 11. Valley Electric Association, Inc. [Docket No. ER04-424-000] Take notice that on January 16, 2004, Valley Electric Association, Inc. (Valley) tendered for filing an Interconnection Agreement between Valley and Ivanpah Energy Center, LP designated as Service Agreement No. 1 under Valley's Open Access Transmission Tariff. *Comment Date:* February 6, 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. E4-168 Filed 2-2-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PF04-1-000] Golden Pass LNG LP and Golden Pass Pipeline LP; Notice of Environmental Review and Scoping for the Golden Pass LNG Terminal and Pipeline Project and Request for Comments on Environmental Issues January 26, 2004. The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental impact statement

(EIS)that will discuss the environmental impacts of Golden Pass LNG LP's and Golden Pass Pipeline LP's (collectively referred to as Golden Pass) proposed Golden Pass LNG Terminal and Pipeline Project in Texas and Louisiana. The proposed facilities would consist of a liquefied natural gas

(LNG)import terminal and one or more interconnecting pipelines. The Commission will use this EIS in its decision-making process to determine whether or not the project is in the public convenience and necessity. The Golden Pass LNG Terminal and Pipeline Project is currently in the preliminary design stage. At this time no formal application has been filed with the FERC. For this project, the FERC staff is initiating its National Environmental Policy Act

(NEPA)review prior to receiving the application. This will allow interested stakeholders to be involved early in project planning and to identify and resolve issues before an application is filed with the FERC. A docket number (PF04-1-000) has been established to place information filed by Golden Pass and related documents issued by the Commission, into the public record. 1 Once a formal application is filed with the FERC, a new docket number will be established. 1 To view information in the docket, follow the instructions for using the eLibrary link at the end of this notice. This notice is being sent to residents within 0.5 mile of the proposed LNG terminal site; landowners along the various pipeline routes under consideration; Federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; and local libraries and newspapers. With this notice, we 2 are asking these and other Federal, state, and local agencies with jurisdiction and/or special expertise with respect to environmental issues to formally cooperate with us in the preparation of the EIS. These agencies may choose to participate once they have evaluated the proposal relative to their responsibilities. Agencies which would like to request cooperating status should follow the instructions for filing comments described later in this notice. We encourage government representatives to notify their constituents of this planned project and encourage them to comment on their areas of concern. 2 “We,” “us,” and “our” refer to the environmental staff of the Office of Energy Projects. Some affected landowners may be contacted by a project representative about the acquisition of an easement to construct, operate, and maintain the proposed pipeline. If so, the company should seek to negotiate a mutually acceptable agreement. In the event that the project is certificated by the Commission, that approval conveys the right of eminent domain for securing easements for the pipeline. Therefore, if easement negotiations fail to produce an agreement, the company could initiate condemnation proceedings in accordance with state law. Summary of the Proposed Project Golden Pass proposes to construct and operate an LNG import terminal and natural gas pipeline to import LNG and deliver up to 2 billion cubic feet per day (Bcf/d) of natural gas to existing intrastate and interstate pipeline systems. The LNG receiving terminal would be located approximately 10 miles south of Port Arthur, Jefferson County, Texas and 2 miles northwest of the town of Sabine Pass on the Sabine-Neches Waterway (Port Author Ship Channel). The terminal would be designed to accept LNG cargoes, temporarily store and vaporize LNG, and would contain up to five LNG storage tanks with an approximate capacity of 160,000 cubic meters

(m3)each. It would be constructed in two phases, with a nominal output of 1 billion cubic feet per day (Bcf/d) for the first phase (three LNG tanks), increasing to 2 Bcf/d in the second phase when all five LNG storage tanks are in operation. Each tank would be approximately 150 feet tall and 250 feet in diameter. The terminal would contain a dedicated slip and berths capable of accommodating the unloading of two LNG tankers. The berths would be designed for 200,000 m3 LNG tankers, such that the entire ship within the slip would be outside of the existing ship channel. One LNG tanker would visit the terminal every 4 days in the initial phase, increasing to one tanker every 2 days in the second phase. A 36-inch-diameter sendout pipeline would also be constructed to transport the vaporized natural gas to interconnections with as many as 12 existing intrastate and interstate pipeline systems. Metering facilities would be installed at each of the interconnections. The pipeline would extend approximately 75 miles north from the terminal to an interstate interconnection near Starks, Calcasieu Parish, Louisiana. The pipeline would pass through Jefferson, Orange, and Newton Counties, Texas, and Calcasieu Parish, Louisiana. Approximately 63 miles of 36-inch-diameter pipeline would be constructed in Texas and 12 miles would be constructed in Louisiana. Additionally, a 5-mile-long pipeline lateral would be constructed between the sendout pipeline and the existing ExxonMobil Beaumont refinery in Jefferson County, Texas. A map depicting the proposed terminal site and the preliminary pipeline route is provided in appendix 1. 3, 4 3 The appendices referenced in this notice are not being printed in the **Federal Register** . Copies are available on the Commission's Internet Web site ( *http://www.ferc.gov* ) at the “eLibrary” link or from the Commission's Public Reference and Files Maintenance Branch at

(202)502-8371. For instructions on connecting to eLibrary refer to the last page of this notice. 4 Requests for detailed maps of the facilities may be made to the company directly. Call or e-mail: Jason B. Dupres,

(281)654-3456 or *jason.b.dupres@exxonmobil.com* . Be as specific as you can about the location(s) of your area(s) of interest. Land Requirements The proposed Golden Pass LNG terminal would be constructed and operated within an approximate 560-acre site. The ship berths would require dredging to achieve the required size and depth to accommodate the LNG tanker ships. The sendout and lateral pipeline would be constructed on a nominal 100-foot-wide right-of-way with occasional increases in the right-of-way width for additional workspace at waterbody, highway, and railroad crossings, and for topsoil storage, and would affect about 1,000 acres. Other temporary land requirements would include land for pipe storage and equipment yards. Operation of the pipeline facilities would require a nominal 50-foot-wide permanent right-of-way, affecting about 450 acres. The EIS Process NEPA requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity, or an import authorization under Section 3 of the Natural Gas Act. NEPA also requires us to discover and address issues and 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 EIS on the important environmental issues and reasonable alternatives. By this notice, we are requesting agency and public comments on the scope of the issues to be analyzed and presented in the EIS. All scoping comments received will be considered during the preparation of the EIS. To ensure your comments are considered, please carefully follow the instructions in the public participation section of this notice. The EIS 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 • water resources, fisheries, and wetlands • vegetation and wildlife • endangered and threatened species • land use • cultural resources • air quality and noise • public safety Our independent analysis of the issues will be included in a draft EIS. The draft EIS will be mailed to Federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; affected landowners; other interested parties; local libraries and newspapers; and the Commission's official service list for this proceeding. A 45-day comment period will be allotted for review of the draft EIS. We will consider all comments on the draft EIS and revise the document, as necessary, before issuing a final EIS. In addition, we will consider all comments on the final EIS before we make our recommendations to the Commission. Currently Identified Environmental Issues We have identified several issues that we think deserve attention based on a preliminary review of the planned facilities and the environmental resources present in the project area. This preliminary list of issues may be changed based information obtained during the public participation period and on our continuing analysis: • Geology and Soils • Assessment of dredged material management plan, including the potential for beneficial uses of dredged material. • Water Resources • Assessment of construction effects on water quality. • Review of wetland areas impacted on the terminal site. • Potential impacts of a thermal (cold water) discharge. • Fish, Wildlife, and Vegetation • Impingement/entrainment at seawater intake. • Effects on wildlife and fisheries including commercial and recreational fisheries. • Potential effect of electric transmission lines on shore birds and other birds. • Endangered and Threatened Species • Effects on federally-listed species including the Kemp's Ridley Sea Turtle, Green Sea Turtle, and Loggerhead Sea Turtle. • Effects on essential fish habitat. • Reliability and Safety • Safety and security of the terminal and pipeline. • LNG shipping. Our evaluation will also include possible alternatives to the proposed project or portions of the project, and we will make recommendations on how to lessen or avoid impacts on the various resource areas of concern. 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 EIS and considered by the Commission. You should focus on the potential environmental effects of the proposal, alternatives to the proposal (including alternative locations and routes), and measures to avoid or lessen environmental impact. Golden Pass has established a preliminary pipeline route for the project; however, if minor reroutes or variations are required to avoid or minimize impacts to certain features on your property, this is your opportunity to assist us and Golden Pass in identifying your specific areas of concern. The more specific your comments, the more useful they will be. Please carefully follow these instructions to ensure that your comments are received 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 your comments for the attention of Gas Branch 2; and • Peference Docket No. PF04-1-000 on the original and both copies. 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 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 “eFiling” 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 by clicking on “Login to File” and then “New User Account.” If you do not want to send comments at this time but still want to remain on our mailing list, please return the Mailing List Retention Form included in Appendix 2. Availability of Additional Information Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208 FERC

(3372)or on the FERC Internet Web site ( *http://www.ferc.gov* ). Using the “eLibrary” link, select “General Search” from the eLibrary menu, enter the selected date range and “Docket Number” ( *i.e.,* PF04-1-000), and follow the instructions. Searches may also be done using the phrase “Golden Pass” in the “Text Search” field. For assistance with access to eLibrary, the 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 rule makings. In addition, the Commission now offers a free service called eSubscription that 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. To register for this service, go to *http://www.ferc.gov/esubscribenow.htm* . Magalie R. Salas, Secretary. [FR Doc. E4-164 Filed 2-2-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP93-541-013] Young Gas Storage Company, Ltd; Notice of Intent To Prepare an Environmental Assessment for the Proposed Young Storage Project and Request for Comments on Environmental Issues January 23, 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 Young Storage Project involving construction and operation of facilities by Young Gas Storage Company, Ltd (Young) in Morgan County, Colorado. 1 These facilities would consist of: 1 Young's application was filed with the Commission under section 7 of the Natural Gas Act and part 157 of the Commission's regulations. • 3 horizontally drilled injection/withdrawal wells (Wells 43, 44, and 45); • Facilities associated with each well that include a surface wellhead and associated filters/separators, orifice meter, catalytic heater, and methanol injection/storage tanks with concrete footers; • 600 feet of 6-inch-diameter steel gas pipeline; • 1,090 feet of 4-inch-diameter steel gas pipeline; • 1,090 feet of 2-inch-diameter poly instrument pipeline; and • 1,090 feet of 2-inch-diameter fiberglass drainline pipeline. 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. 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 Young 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 Proposed Project Young has analyzed the operation of the Young Storage Field and determined that water has been displaced and produced from the storage field during the 8 years of its operation. This has increased the pore space available for gas storage. The increased space has caused storage pressures to decrease below the pressure contemplated when the field was designed. The storage field has also expanded into areas that cannot be effectively drained by the existing wells. The reduced pressure and reservoir expansion have reduced deliverability from the field. Young wants to drill there injection/withdrawal wells to better access certain areas within the existing Young Storage Field. It would also construct pipeline and related facilities to connect these new wells to its existing storage field pipeline system. The storage capacity and withdrawal capability of the Young Storage Field would not be increased above the presently certificated volumes (10 billion cubic feet and 198,813 thousand cubic feet per day, respectively) by construction and operation of the proposed facilities. Young also proposes to expand the protection zone for the storage field. Young would also reclassify two existing injection/withdrawal wells (Wells 24 and 39) as observation wells. Young also proposes to conduct a reservoir testing program to evaluate the possibility of increasing gas deliverability from the storage field as it drills the proposed new injection/withdrawal wells. 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 are available on the Commission's Internet Web site ( *http://www.ferc.gov* ) at the “eLibrary” link or from the Commission's Public Reference and Files Maintenance Branch at

(202)502-8371. For instructions on connecting to eLibrary refer to the last page of this notice. Land Requirements for Construction Construction of the proposed facilities would require about 6.8 acres of land. Following construction, about 2.2 acres would be maintained for operation of the new facilities. The remaining 4.6 acres of land would be restored and allowed to revert to its former use. The EA Process The National Environmental Policy Act

(NEPA)requires the Commission to take into account the environmental impacts that could result from an 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; • Ground water; • Cultural resources; • Vegetation and wildlife; • Air quality and noise; • Endangered and threatened species; • Public safety. We will not discuss impacts to the following resource areas since they are not present in the project area, or would not be affected by the proposed facilities. • Surface water; • Wetlands; • Fisheries; • Residential areas; • Federal, State, or local parks, forests, trails, scenic highways, wild and scenic rivers, nature preserves, wildlife refuges, wilderness areas, game management areas, or other designated natural, recreational, or scenic areas registered as natural landmarks; • Native American reservations; or • Coastal zone management areas. We will also evaluate possible alternatives to the proposed project or portions of the 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, 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 Young. This preliminary list of issues may be changed based on your comments and our analysis. • A total of 6.77 acres of agricultural land and pasture would be affected by the project. • Three horizontally drilled wells would be constructed. 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, alternatives to the proposal including alternative well locations and pipeline routes, 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 2. • Reference Docket No. CP93-541-013. • 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. This includes all landowners who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within distances defined in the Commission's regulations of certain aboveground facilities. By this notice we are also asking governmental agencies, especially those in appendix 3, to express their interest in becoming cooperating agencies for the preparation of the EA. Additional 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 Web site ( *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. E4-165 Filed 2-2-04; 8:45 AM] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OW-2003-0081, FRL-7617-3] Agency Information Collection Activities: Proposed Collection; Comment Request; Survey Questionnaire To Determine the Effectiveness, Costs, and Impacts of Sewage and Graywater Treatment Devices for Large Cruise Ships Operating in Alaska, EPA ICR Number OW-2003-0014, OMB Control Number 20XX-XXXX AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), this document announces that EPA is planning to submit a proposed Information Collection Request

(ICR)to the Office of Management and Budget (OMB). This is a request for a new collection. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before April 5, 2004. ADDRESSES: Submit your comments, referencing docket ID number OW-2003-0081, to EPA online using EDOCKET (our preferred method), by e-mail to *ow-docket@epa.gov,* or by mail to: EPA Docket Center, Environmental Protection Agency, EPA Docket Center, Environmental Protection Agency, Water Docket, EPA West, 4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. FOR FURTHER INFORMATION CONTACT: Elizabeth Kim, Oceans and Coastal Protection Division, Office of Water, 4504T, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:

(202)566-1270; fax number:

(202)566-1546; e-mail address: *kim.elizabeth@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has established a public docket for this ICR under Docket ID number OW-2003-0081, which is available for public viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is

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

(202)566-2426. An electronic version of the public docket is available through EPA Dockets (EDOCKET) at *http://www.epa.gov/edocket.* Use EDOCKET to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA within 60 days of this notice. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA's **Federal Register** notice describing the electronic docket at 67 FR 38102 (May 31, 2002), or go to *http://www.epa.gov/edocket.* Affected entities: Entities potentially affected by this action are operators of cruise lines and individual cruise ships authorized to carry for hire 500 or more passengers that operate in and near waters of the State of Alaska. Title: Survey Questionnaire to Determine the Effectiveness, Costs, and Impacts of Sewage and Graywater Treatment Devices for Large Cruise Ships Operating in Alaska. Abstract: On December 12, 2000, Congress passed HR 4577 (Pub. L. 106-554), “Department of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act.” This act included a section, entitled “Title XIV: Certain Alaskan Cruise Ship Operations” (33 U.S.C. 1902 Note). Title XIV set requirements for the discharge of sewage and graywater from cruise ships capable of carrying for hire 500 or more passengers while operating in the waters of the Alexander Archipelago and the navigable waters of the United States within the State of Alaska and within the Kachemak Bay National Estuarine Research Reserve. Title XIV also authorized that: the Administrator [of the EPA] may promulgate effluent standards for treated sewage (human body waste and the wastes from toilets and other receptacles intended to receive or retain human body waste) and graywater (galley, dishwasher, bath, and laundry waste water) from cruise vessels operating in the waters of the Alexander Archipelago or the navigable waters of the United States within the State of Alaska or within the Kachemak Bay National Estuarine Research Reserve. Regulations implementing such standards shall take into account the best available scientific information on the environmental effects of the regulated discharges and the availability of new technologies for wastewater treatment. EPA has begun an effort to develop and promulgate regulations, as necessary and appropriate, for controlling the discharge of sewage and graywater from cruise ships covered by Title XIV. Title XIV provides that the authority of sections 308(a) and 308(b) of the Clean Water Act, regarding records, reports, and inspections, shall be available to carry out the provisions of the Act (section 1413). EPA is in the process of preparing an ICR for OMB approval for gathering data in support of this rulemaking. The ICR would request approval to collect information from cruise lines and each cruise ship covered by Title XIV. The information to be gathered with a survey questionnaire would include: general information regarding the cruise line and each of the cruise vessels authorized to carry for hire 500 or more passengers in waters in and near Alaska ( *e.g.* , size, capacity, ports of call); description of sources of graywater; ship-board plumbing systems; data describing the effectiveness of sewage and graywater treatment systems and marine sanitation devices

(MSDs)operating on these large vessels at removing pollutants of concern; costs of these systems; pollution prevention programs and management practices; information pertinent to environmental assessment; and financial information and data necessary for economic impact analysis. When possible, EPA would use available information to complete answers to some questions. In these cases, the respondent would be asked to verify the information and update it if necessary. The survey questionnaire would provide instructions on the procedures for making CBI claims, if necessary, and the respondents would be informed of the rules governing protection of CBI, obtained under the Clean Water Act, for information that warrants such claims. In a related effort that would not be covered by the Paperwork Reduction Act, EPA intends to sample and analyze wastewaters from three to five yet-to-be selected vessels operating in Alaska during the summer of 2004. The purpose of this sampling would be to characterize the on-board performance of various sewage and graywater treatment systems. EPA would like to solicit comments on this sampling effort. Subsequent to the publication of this notice, EPA intends to consult with cruise lines and other stakeholders to select technologies and vessels to be sampled, and will make specific information for this activity available for further public comment in the second **Federal Register** notice for the survey ICR. EPA also intends to continue to supplement these primary sources by gathering additional publicly available information and data from the Alaska Department of Environmental Conservation

(ADEC)and the U.S. Coast Guard (USCG), the cruise ship industry, and other stakeholders. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. The EPA would like to solicit comments to:

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

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

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

(iv)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. Burden Statement: EPA estimates that 12 cruise line operators would respond to the survey for each of the 32 vessels operating in Alaska. EPA estimates it would take an average of approximately 48 hours to complete and review responses to the survey questionnaire and associated data submissions for each cruise ship that is certified by the U.S. Coast Guard to discharge continuously in the waters in and near Alaska under 33 CFR 159.309. This estimate includes the burden for verifying and updating “draft” responses provided by EPA to a portion of the questions. EPA estimates that the total burden for cruise lines operating the 18 vessels certified to discharge continuously under 33 CFR 159.309 would be approximately 864 hours, or $34,000 assuming an average labor rate for the likely range of personnel involved in responding. For the remaining 14 ships that do *not* have wastewater treatment systems authorized to discharge continuously, EPA estimates it would take an average of approximately 16 hours to complete and review responses to the survey questionnaire. EPA estimates that the total burden for these 14 vessels would be approximately 224 hours, or $9,000 assuming an average labor rate for the likely range of personnel involved in responding. EPA estimates that the total burden to the 12 cruise lines operating 32 vessels for responding to the survey questionnaire would be approximately 1088 hours, or $43,000. EPA estimates that there would be no start up or capital cost associated with responding to the surveys described above. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Dated: January 20, 2004. Suzanne E. Schwartz, Director, Oceans and Coastal Protection Division. [FR Doc. 04-2154 Filed 2-2-04; 8:45 am]

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