Notices. Notice

9,773 words·~44 min read·/register/2004/07/07/04-15343

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

BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-344-000] ANR Pipeline Company; Notice of Tariff Filing June 28, 2004. Take notice that on June 24, 2004, ANR Pipeline Company

(ANR)tendered for filing, as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets proposed to become effective July 1, 2004: Fifty-Eighth Revised Sheet No. 8 Fifty-Eighth Revised Sheet No. 9 Fifty-Seventh Revised Sheet No. 13 Seventieth Revised Sheet No. 18 ANR states that the above-referenced tariff sheets are being filed to reduce the Dakota Gasification Company (Dakota) reservation and commodity surcharges to $0.00 as of July 1, 2004. ANR projects that as of June 30, 2004, it will have fully recovered all the Dakota above-market costs and buyout costs that it has been authorized to collect. ANR requests that it be permitted to eliminate the Dakota surcharges immediately to avoid any further overcollections. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(CEGT)tendered for filing as part of its FERC Gas Tariff, Sixth Revised Volume No. 1, First Revised Sheet No. 603, to be effective July 1, 2004. CEGT states that the purpose of this filing is to remove the transactions from its Tariff that are no longer eligible for zero fuel and Electric Power Costs charges. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-1481 Filed 7-6-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RT04-2-002; ER04-116-002; ER04-157-005; and EL01-39-002] ISO New England Inc., et al.; Bangor Hydro-Electric Company, et al.; The Consumers of New England v. New England Power Pool; Notice of Extension of Time June 28, 2004. On June 22, 2004, ISO New England Inc. (ISO), and the New England transmission owners (consisting of Bangor Hydro-Electric Company; Central Maine Power Company; New England Power Company; Northeast Utilities Service Company on behalf of its operating companies: The Connecticut Light and Power Company, Western Massachusetts Electric Company, Public Service Company of New Hampshire, Holyoke Power and Electric Company, and Holyoke Water Power Company; NSTAR Electric & Gas Corporation on behalf of its operating affiliates: Boston Edison Company, Commonwealth Electric Company, Canal Electric Company, and Cambridge Electric Light Company; The United Illuminating Company; Vermont Electric Power Company, Inc.; Fitchburg Gas and Electric Light Company; and Unitil Energy Services, Inc. (collectively New England TOs) submitted a partial compliance filing, as directed by the Commission's Order (Order) issued March 24, 2004, in Docket Nos. RT04-2-000, *et al.* , 106 FERC ¶ 61,280 (2004). The June 22, 2004, filing included a request for an extension of time to file the portion of the compliance filing relating to reversionary interests (and revisions to the Participants Agreement otherwise required in the March 24, 2004, Order.) The ISO and the New England TOs state that an extension of time is necessary to allow the parties to continue ongoing settlement discussions aimed at resolving outstanding issues in these proceedings. Upon consideration, notice is hereby given that the date for filing the portion of the compliance filing relating to reversionary interests (and revisions to the Participants Agreement required by the March 24, 2004, Order) is granted to and including August 20, 2004, as requested by ISO New England and New England TOs. Magalie R. Salas, Secretary. [FR Doc. E4-1476 Filed 7-6-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-342-000] Questar Pipeline Company; Notice of Tariff Filing June 28, 2004. Take notice that on June 24 2004, Questar Pipeline Company (Questar) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, the following tariff sheets, to be effective August 1, 2004: Thirty-First Revised Sheet No. 5 Original Volume No. 3 Thirty-Eighth Revised Sheet No. 8 Questar states that the revised tariff sheets reflect the Gas Research Institute's instructions to discontinue collecting GRI surcharges effective August 1, 2004. Questar further states that a copy of this filing has been served upon its customers, the Public Service Commission of Utah and the Public Service Commission of Wyoming. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(NGA)requesting authority to reconfigure Questar's existing Oak Spring Compressor Station (Oak Spring). Oak Spring is located adjacent to Questar's existing Main Line Nos. 40 and 104 in Carbon County, Utah. The application is on file with the Commission and open for public inspection. 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 for TTY, contact

(202)502-8659. Questar notes that Oak Spring is part of Questar's southern transmission system and that the station consists of three compressor units previously certificated by the Commission. Questar seeks authorization to reconfigure Oak Spring by placing one existing compressor unit in series with two other existing compressor units. Questar asserts that the configuration will provide an additional 10,000 Dth per day of capacity which will become available for an approximate 12-month period, commencing upon the in-service date of the reconfiguration and terminating upon the in-service date of Questar's proposed Southern System Expansion Project (SSXP). 1 Questar proposed that Oak Spring's reconfiguration will be completed and made available for service by November 1, 2004. 1 Questar states that the target date for filing the SSXP application with the Commission is September 2004. Any questions regarding the application are to be directed to Lenard G. Wright, Director, Federal Regulation, Questar Pipeline Company, 180 East 100 South, P.O. Box 45360, Salt Lake City, Utah 84145-0360. 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 below listed 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 who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, 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, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. 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. Motions to intervene, protests and 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:* June 17, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-1483 Filed 7-6-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-367-000] Unocal Windy Hill Gas Storage LLC; Notice of Petition June 28, 2004. Take notice that on June 25, 2004, Unocal Windy Hill Gas Storage LLC (Windy Hill), 14141 Southwest Freeway, Sugarland, Texas 77478, filed in Docket No. CP04-367-000 a petition for Exemption of Temporary Acts and Operations from Certificate Requirements, pursuant to Rule 207(a)(5) of the Commission's Rules of Practice and Procedure (18 CFR 385.207(a)(5)), and section 7(c)(1)(B) of the Natural Gas Act (15 U.S.C. 717(c)(1)(B)), seeking approval of an exemption from certificate requirements to perform temporary activities related to drilling a test well and performing other activities to assess the feasibility of developing an underground natural gas storage facility in Morgan County, Colorado all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call

(202)502-3676 or TYY,

(202)502-8659. Any questions regarding the petition should be directed to Rex Bigler, Unocal Windy Hill Gas Storage LLC, 14141 Southwest Freeway, Sugarland, Texas 77478, and phone: 281-287-5513; fax 281-287-7327. 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. Persons who wish to comment only on the environmental review of this project, or in support of or in opposition to this project, should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, 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. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the applicant. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. The Commission strongly encourages electronic filings of comments, protests, and interventions via the Internet in lieu of paper. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. *Comment Date:* July 6, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-1477 Filed 7-6-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER99-1213-002, et al.] Lakewood Cogeneration, L.P., et al.; Electric Rate and Corporate Filings June 28, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Lakewood Cogeneration, L.P. [Docket No. ER99-1213-002] Take notice that on June 23, 2004, Lakewood Cogeneration L.P., (Lakewood) submitted a for filing amending its Tariff for the Wholesale Sale of Electricity at Market-Based Rates to include the Market Behavior Rules promulgated by the Commission, Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorizations, 105 FERC ¶ 61,218 (2003), and to reflect the transfer of certain ownership interests. *Comment Date:* July 14, 2004. 2. Bangor Hydro-Electric Company [Docket No. ER00-980-011] Take notice that on June 23, 2004, Bangor Hydro-Electric Company (Bangor Hydro) submitted an Errata to June 15, 2004, Informational Filing showing the implementation of Bangor Hydro's open access transmission tariff formula rate for the charges that became effective on June 1, 2004. *Comment Date:* July 14, 2004. 3. Monongahela Power Company [Docket No. ER01-1716-001] Take notice that on June 10, 2004, Monongahela Power Company (dba Allegheny Power) (Monongahela) submitted for filing Final Order of the Public Utilities Commission

(PUC)of Ohio accepting Monongahela Power Company's proposed transmission/distribution separation methodology. Monongahela states that copies of this letter have been served on PUC of Ohio. *Comment Date:* July 9, 2004. 4. Rock River I, LLC. [Docket No. ER01-2742-003] Take notice that on June 23, 2004, Rock River I, LLC, in compliance with the Letter Order issued March 9, 2004, in Docket No. ER01-2742-002, submitted an amendment to its market-based rate tariff to include certain market behavior rules adopted by the Commission in Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorization, 105 FERC ¶ 61,218 (2003). *Comment Date:* July 14, 2004. 5. NewCorp Resources Electric Cooperative, Inc. [Docket No. ER03-1116-003] Take notice that on June 23, 2004, NewCorp Resources Electric Cooperative, Inc. (NewCorp) submitted an amendment to its compliance filing submitted on September 29, 2003, as amended on October 2, 2003, in response to the Commission's Letter Order issued August 29, 2003, in Docket No. ER03-1116-000. *Comment Date:* July 14, 2004. 6. Devon Power LLC, Middletown Power LLC, Montville Power LLC, and NRG Power Marketing Inc. [Docket No. ER04-464-006] Take notice that on June 23, 2004, Devon Power LLC, Middletown Power LLC, Montville Power LLC, and Norwalk Power LLC (collectively Applicants) tendered for filing a Refund Report regarding refunds made under each of Applicants' Reliability Must Run Agreements with ISO-NE in compliance with the Commission's order issued March 22, 2004, in Docket No. ER04-464-000, *et al.* , 106 FERC ¶ 61,264 (2004). Applicants state that they have provided copies of the Refund Report to ISO-NE and served each person designated on the official service list compiled by the Secretary in this proceeding. *Comment Date:* July 14, 2004. 7. Southern Company Services, Inc. [Docket No. ER04-952-000] Take notice that on June 23, 2004, Southern Company Services, Inc. (SCS), on behalf of Georgia Power Company (GPC), filed with the Commission a Notice of Cancellation of the Interconnection Agreement between Southern Power Company and GPC, Service Agreement No. 458 under Southern Companies' Open Access Transmission Tariff, Fourth Revised Volume No. 5. SCS requests an effective date of May 24, 2004. *Comment Date:* July 14, 2004. 8. Southern Company Services, Inc. [Docket No. ER04-953-000] Take notice that on June 23, 2004, Southern Company Services, Inc. (SCS), on behalf of Georgia Power Company (GPC), filed with the Commission a Notice of Cancellation of the Interconnection Agreement between Southern Power Company and GPC, Service Agreement No. 459 under Southern Companies' Open Access Transmission Tariff, Fourth Revised Volume No. 5. GPC requests an effective date of May 24, 2004. *Comment Date:* July 14, 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,

(TCC)(collectively, Applicant), submitted an application for approval of the transfer by TCC of certain jurisdictional facilities associated with TCC's 7.81 percent undivided ownership interest in the 690 MW Oklaunion Unit No. 1 to the City of Brownsville, Texas, acting by and through the Brownsville Public Utilities Board (PUB), or in the alternative to PUB and the Oklahoma Municipal Power Authority (OMPA), pursuant to section 203 of the Federal Power Act (Act), 16 U.S.C. 824b (2003), and part 33 of the Regulations of the Federal Energy Regulatory Commission (Commission), as revised pursuant to Order No. 642, FERC Stats. & Regs. ¶ 31,111 (2000). Applicant states that such transfer is proposed to be made to comply with the Texas Public Utility Regulatory Act. Applicant requests expedited consideration of the application and privileged treatment of certain exhibits to the application. The Applicant states that a copy of the filing has been served on the Public Utility Commission of Texas, the Office of Attorney General of Texas, the Oklahoma Corporation Commission and TCC's wholesale customers. *Comment Date:* July 9, 2004. 2. Cedar II Power Corporation [Docket No. EL04-111-000] Take notice that on June 18, 2004, Cedar II Power Corporation filed with the Federal Energy Regulatory Commission (Commission) a Petition for Declaratory Order pursuant to Rule 207 of the Commission's Rules of Practice and Procedure, 18 CFR 385.207 (2003). Cedar II Power Corporation states that the petition concerns the proper implementation of the electric utility ownership “true-up” requirements applicable to Cedar Bay Generating Company, Limited Partnership. *Comment Date:* July 19, 2004. 3. California Independent System Operator Corporation [Docket Nos. ER03-1046-004; ER04-609-002] Take notice that on June 17, 2004, California Independent System Operator Corporation,

(ISO)submitted a response to the Commission's letter order issued June 10, 2004, in Docket Nos. ER03-1046-001, 002, and 003 and Docket Nos. ER04-609-000 and 001. ISO states that it has served copies of the response, and all attachments, upon all parties on the official service lists for the captioned dockets. In addition, the ISO states that it is posting this response and all attachments on the ISO home page. *Comment Date:* June 28, 2004. 4. Commonwealth Edison Company [Docket No. ER04-897-001] Take notice that on June 17, 2004, Commonwealth Edison Company (ComEd) submitted for filing a supplement to its June 1, 2004, in Docket No. ER04-897-000. ComEd requests an effective date of May 1, 2004. ComEd states that a copy of the filing has been served on the affected State regulatory bodies, the counterparties to these service agreements and PJM Interconnection, LLC. *Comment Date:* July 8, 2004. 5. Allied Energy Resources Corporation [Docket No. ER04-923-000] Take notice that on June 14, 2004, Allied Energy Resources Corporation

(AERC)submitted for filing a request for acceptance of AERC Rate Schedule FERC No. 1; the granting of certain blanket approvals, including the authority to sell electricity at market-based rates; and the waiver of certain Commission regulations. AERC states that it intends to engage in wholesale electric power and energy transactions as a markerter. AERC further states that it is not in the business of generating or transmitting electric power. AERC requests an effective date of June 15, 2004. *Comment Date:* July 6, 2004. 6. Bangor Hydro-Electric Company [Docket No. ER04-935-000] Take notice that on June 16, 2004, Bangor Hydro-Electric Company

(BHE)filed proposed revisions to its FERC Open Access Transmission Tariff to reflect minor modifications to BHE's existing “Rate Formula” to comply with changes made by the Commission to the FERC Annual Report Form 1. BHE requests an effective date of June 1, 2004. BHE states that copies of this filing were served on all interested parties. *Comment Date:* July 7, 2004. 7. Duke Energy Lee, LLC [ Docket No. ER04-936-000] Take notice that on June 17, 2004, Duke Energy Lee, LLC (Duke Lee) tendered for filing its Rate Schedule No. 2, a Black Start Agreement by and between Duke Lee and Commonwealth Edison Company (ComEd) pursuant to which Duke Lee will provide black start service to ComEd from its 640 MW natural gas-fired generating facility located in Lee County, Illinois. Duke Lee requests an effective date of August 16, 2004. Duke Lee states that it has served copies of the filing on the Illinois Commerce Commission, ComEd, and PJM Interconnection, L.L.C. *Comment Date:* July 8, 2004. 8. Volunteer Energy Services, Inc. [Docket No. ER04-937-000] Take notice that on June 17, 2004, Volunteer Energy Services, Inc.

(VESI)submitted for filing a request for acceptance of VESI Rate Schedule FERC No. 1; the granting of certain blanket approvals, including the authority to sell electricity at market-based rates; and the waiver of certain Commission regulations. VEIS states that it intends to engage in wholesale electric power and energy purchases and sales as a marketer. VESI further states that it is not in the business of generating or transmitting electric power. *Comment Date:* July 8, 2004. 9. California Independent System Operator Corporation [Docket No. ER04-940-000] Take notice that on June 18, 2004, the California Independent System Operator Corporation (ISO), tendered for filing an amendment (Amendment No. 2) to revise the Metered Subsystem Agreement between the ISO and Silicon Valley Power

(SVP)for acceptance by the Commission. ISO states that the purpose of Amendment No. 2 is to revise Schedule 1 and Schedule 15.1 of the Metered Subsystem Agreement to include the new Nortech-Northern Receiving Station Point of Interconnection. The ISO is requesting waiver of the 60-day prior notice requirement to allow the revised Schedule 1 and Schedule 15.1 to be made effective as of April 23, 2004. The ISO states that this filing has been served on SVP, the California Public Utilities Commission, and all entities on the official service list for Docket No. ER02-2321-000 and for Docket No. ER04-185-000. *Comment Date:* July 9, 2004. 10. Salmon River Electric Cooperative, Inc. [Docket No. ES04-16-001] Take notice that on June 9, 2004, Salmon River Electric Cooperative, Inc. (Salmon River) submitted for filing an amended application for authority to issue securities pursuant to section 204 of the Federal Power Act (FPA), 16 U.S.C. 824c, and part 34 of the Federal Energy Regulatory Commission's (Commission) regulations, 18 CFR part 34. Salmon River requests that the Commission:

(1)Authorize prospective issuances of debt under a loan agreement and two line of credit agreements with the National Rural Utilities Cooperative Finance Corporation during a two-year period commencing July 9, 2004;

(2)authorize prospectively the issuance of securities and a guaranty that were originally inadvertently issued without requisite approval under section 204 of the FPA;

(3)waive the restrictions on public utility issuances of secured and unsecured debt set forth in Westar with respect to these authorizations; and

(4)waive the competitive bidding requirement with respect to these issuances. *Comment Date:* June 30, 2004. 11. ISO New England Inc. [Docket No. ES04-39-000] On June 18, 2004, the Commission issued a Notice of Filing regarding ISO New England Inc.'s June 15, 2004, filing in the above-docketed proceeding. By this notice, the comment period for interventions and protests regarding the June 15, 2004, filing is shortened to and including July 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. E4-1484 Filed 7-6-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC04-124-000, et al.] Boston Generating, LLC, et al.; Electric Rate and Corporate Filings June 25, 2004. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Boston Generating, LLC, Tyr Energy, LLC, Exelon Boston Services, LLC, Exelon New England Power Services, Inc., Exelon New England Power Marketing, and Limited Partnership [Docket No. EC04-124-000] Take notice that on June 24, 2004, pursuant to section 203 of the Federal Power Act (FPA), Boston Generating, LLC, Tyr Energy, LLC, Exelon Boston Services, LLC, Exelon New England Power Services, Inc., and Exelon New England Power Marketing, Limited Partnership (the latter three, collectively the Exelon Entities), filed an application requesting authorization for the disposition of jurisdictional assets due to the proposed transfer of the operations and maintenance and power marketing responsibilities for three Boston Generating, LLC publicly-owned utility companies—Mystic I, LLC, Mystic Development, LLC and Fore River Development, LLC. *Comment Date:* July 15, 2004. 2. Central Hudson Gas & Electric Corporation, LIPA, New York Power Authority, New York State Electric & Gas Corporation, Niagara Mohawk Power Corporation, Rochester Gas and Electric Corporation v. New York Independent System Operator, Inc. [Docket No. EL04-113-000] Take notice that on June 24, 2004, Central Hudson Gas & Electric Corporation; New York Power Authority; Long Island Power Authority and its operating subsidiary LIPA; New York State Electric & Gas Corporation; Niagara Mohawk Power Corporation, a National Grid company; and Rochester Gas & Electric Corporation (collectively, Complainants) filed a complaint, pursuant to section 206 of the Federal Power Act and rule 206 of the Commission's regulations, against the New York System Independent System Operator (NYISO) concerning the NYISO's administration of its Transmission Congestion Contract

(TCC)authority. Complainants seek historic and prospective relief from the NYISO's alleged past and ongoing tariff violations regarding TCCs. The Complainants request Fast Track processing for the complaint. Complainants state that they served a copy of the filing by overnight mail and by e-mail on the respondent and the New York State Public Service Commission. In addition, Complainants state that they have also served a copy of the Complaint on all parties on the Commission's official service list in Docket No. EL04-110-000, a related proceeding, by overnight mail. *Comment Date:* July 14, 2004. 3. Consolidated Edison Energy Massachusetts, Inc. [Docket No. ER99-3248-004] Take notice that on June 23, 2004, Consolidated Edison Energy Massachusetts, Inc. (CEEMI), submitted for filing amending its Tariff for the Wholesale Sale of Electricity at Market-Based Rates (Tariff) to include the Market Behavior Rules promulgated by the Commission, Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorizations, 105 FERC ¶ 61,218 (2003). CEEMI states that the Tariff has also been revised to provide for transmission service pursuant to either the open access transmission tariff of an affiliate or the affected Independent System Operator or Regional Transmission Operator. *Comment Date:* July 17, 2004. 4. Newington Energy, L.L.C. [Docket No. ER01-1526-002] Take notice that on June 23, 2004, Newington Energy, L.L.C. (Newington) submitted a filing amending its Tariff for the Wholesale Sale of Electricity at Market-Based Rates to include the Market Behavior Rules promulgated by the Commission, Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorizations, 105 FERC ¶ 61,218 (2003). Newington states that the tariff has also been revised to replace a reference to the Consolidated Edison Company of New York Inc. Open Access Transmission Tariff

(OATT)with the applicable OATT of either the Independent System Operator or the Regional Transmission Operator. *Comment Date:* July 14, 2004. 5. Entergy Services, Inc. Generator Coalition v. Entergy Services, Inc. [Docket Nos. ER01-2201-006 and EL02-46-005] Take notice that on June 22, 2004, Entergy Services, Inc. (Entergy) filed a refund report relating to refunds ordered by the Commission in an order issued April 16, 2004, 107 FERC ¶ 61,035 (2004). Entergy states that a copy of this filing has been served upon International Paper and the respective State commissions. *Comment Date:* July 13, 2004. 6. Southern California Edison Company [Docket Nos. ER04-667-001 and 002] Take notice that on June 15, 2004, as amended on June 22, 2004, Southern California Edison Company submitted partial compliance filings pursuant to the Commission's order issued May 21, 2004, in Docket Nos. EL03-228-000 and ER04-667-000, 107 FERC ¶ 61,179. *Comment Date:* July 13, 2004. 7. Midwest Independent Transmission System Operator, Inc. [Docket No. ER04-779-001] Take notice that on June 22, 2004, the Midwest Independent Transmission System Operator, Inc., (Midwest ISO) on behalf of the Midwest ISO Transmission Owners, including certain of the Midwest Stand Alone Transmission Companies, GridAmerica LLC, and the GridAmerica Companies, filed a response to the Commission's deficiency letter issued June 15, 2004, regarding the April 29, 2004, filing by Midwest ISO, *et al.* , in Docket No. ER04-779-000. *Comment Date:* July 13, 2004. 8. POSDEF Power Company, LP [Docket No. ER04-947-000] Take notice that on June 22, 2004, POSDEF Power Company, LP submitted for filing an application pursuant to section 205 of the Federal Power Act for authorization to sell energy, capacity, and ancillary services at market-based rates. *Comment Date:* July 13, 2004. 9. The Detroit Edison Company, DTE East China, LLC, DTE River Rouge No. 1, LLC [Docket No. ER04-948-000] Take notice that on June 22, 2004, the Detroit Edison Company (Detroit Edison), DTE East China, LLC (East China) and DTE River Rouge No. 1, LLC (Rouge 1), (collectively, Applicants) submitted for filing, pursuant to section 205 of the Federal Power Act, an application requesting authorization for Detroit Edison to engage in limited, short-term purchases of power from East China and Rouge 1 during the summer 2004 season. Applicants request an effective date of June 23, 2004. Applicants state that a copy of the application was served upon the Michigan Public Service Commission. *Comment Date:* July 2, 2004. 10. Pacific Gas and Electric Company [Docket No. ER04-949-000] Take notice that on June 23, 2004, Pacific Gas and Electric Company (PG&E) tendered for filing the System Bulk Power Sale and Purchase Agreement (Bulk Power Agreement) by and between PG&E and the City of Santa Clara, California, also known as Silicon Valley Power (SVP); revisions to Appendix A of the Bulk Power Agreement to change the energy rate for three periods effective April 1, 1999, 2000 and 2001; and a Notice of Termination First Revised PG&E Rate Schedule No. 108. PG&E states that copies of the filing were served upon SVP, the California Independent System Operator Corporation and the California Public Utilities Commission. *Comment Date:* July 14, 2004. 11. Midwest Independent Transmission System Operator, Inc. [Docket No. ER04-950-000] Take notice that on June 23, 2004, Midwest Independent Transmission System Operator, Inc. (Midwest ISO) pursuant to section 205 of the Federal Power Act and section 35.12 of the Commission's regulations, 18 CFR 35.12 (2003), submitted for filing an Interconnection and Operating Agreement among Minnesota Municipal Power Agency, the Midwest ISO and Northern States Power Company d/b/a Xcel Energy. Midwest ISO requests an effective date of June 9, 2004. Midwest ISO states that a copy of this filing was served on all parties. *Comment Date:* July 14, 2004. 12. Midwest Independent Transmission System Operator, Inc. [Docket No. ER04-951-000] Take notice that on June 23, 2004, Midwest Independent Transmission System Operator, Inc. (Midwest ISO) submitted for filing a Second Revised Interconnection and Operating Agreement among Valley Queen Cheese Factory, Inc., the Midwest ISO and Otter Tail Power Company. Midwest ISO states that the fully executed Second Revised Interconnection Agreement replaces the previously filed unexecuted Interconnection Agreement. Midwest ISO requests an effective date of June 1, 2004. Midwest ISO states that a copy of this filing was served on all parties. *Comment Date:* July 14, 2004. 13. ISO New England Inc., et al., Bangor Hydro-Electric Company, et al., the Consumers of New England v. New England Power Pool [Docket Nos. RT04-2-002, ER04-116-002, ER04-157-005, and EL01-39-002] Take notice that on June 22, 2004, ISO New England Inc. (ISO), and the New England transmission owners (consisting of Bangor Hydro-Electric Company; Central Maine Power Company; New England Power Company; Northeast Utilities Service Company on behalf of its operating companies: The Connecticut Light and Power Company, Western Massachusetts Electric Company, Public Service Company of New Hampshire, Holyoke Power and Electric Company, and Holyoke Water Power Company; NSTAR Electric & Gas Corporation on behalf of its operating affiliates: Boston Edison Company, Commonwealth Electric Company, Canal Electric Company, and Cambridge Electric Light Company; the United Illuminating Company; Vermont Electric Power Company, Inc.; Fitchburg Gas and Electric Light Company; and Unitil Energy Services, Inc. (collectively New England TOs) submitted for filing a report in compliance with the Commission's order issued March 24, 2004, in Docket Nos. RT04-2-000, *et al.* , 106 FERC ¶ 61,280 (2004). The ISO and the New England TOs state that copies of the filing have been served upon all parties to this proceeding, the NEPOOL Participants (electronically), non-Participant Transmission Customers, and the governors and regulatory agencies of the six New England states. *Comment Date:* July 13, 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,

(OATT)and Market Administration and Control Area Services Tariff (Services Tariff). NYISO states that the proposed filing would amend the NYISO's creditworthiness requirements to add a component for Wholesale Transmission Service Charges to the Operating Requirement and clarify the Unsecured Credit starting point for certain affiliated municipal electric systems. The NYISO requests an effective date of August 16, 2004. The NYISO states that it has served a copy of this filing to all parties that have executed Service Agreements under the NYISO's OATT or Services Tariff. *Comment Date:* July 7, 2004. 4. Consolidated Edison Company of New York, Inc. [Docket No. ER04-934-000] Take notice that, on June 16, 2004, Consolidated Edison Company of New York, Inc. (Con Edison) submitted for filing an Interconnection Agreement by and between Con Edison and Power Authority of the State of New York (NYPA), dated as of June 2, 2004. Con Edison states that the agreement provides for the interconnection to Con Edison's transmission system of a 500 MW electric generating facility that NYPA is constructing and proposes to operate in the Borough of Queens, New York. Con Edison states that copies of this filing have been served on NYPA and the New York Independent System Operator, Inc. *Comment Date:* July 7, 2004. 5. Bangor Hydro-Electric Co. [Docket No. ER00-980-010] Take notice that on June 8, 2004, Bangor Hydro-Electric Company

(BHE)submitted for filing a Supplement to Settlement Agreement (Supplement). BHE states that the sole purpose of the Supplement is to reflect the negotiated resolution of an issue reserved under Article 11.2 of the Settlement Agreement filed on October 10, 2003, and approved by Commission order issued October 30, 2003, in Docket No. ER00-980-008. BHE states that copies of the filing were served on the official service list in Docket No ER00-980, participants in this proceeding, and the BHE Open Access Transmission Tariff customers. *Comment Date:* June 29, 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,

(DEA)has been prepared for the proposal. The DEA contains the staff's analysis of the potential environmental impacts of the project and concludes that approving the request with modifications would not constitute a major Federal action significantly affecting the quality of the human environment. A copy of the DEA 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 P-2210 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. Any comments should be filed within 30 days from the date of this notice and should be addressed to Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please affix Project No. 2210-095 to all comments. 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 ( *http://www.ferc.gov* ) under the “e-Filing” link. The Commission strongly encourages electronic filings. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For further information, contact Heather Campbell at

(202)502-6182. Magalie R. Salas, Secretary. [FR Doc. E4-1479 Filed 7-6-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 11512-002] John Bigelow; Notice of Availability of Draft Environmental Assessment June 28, 2004. In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission (Commission or FERC) regulations, 18 CFR part 380, the Office of Energy Projects staff (staff) reviewed the application for surrender of project license for the McKenzie Hydroelectric Project, located on the McKenzie River, Lane County, Oregon, and prepared a draft environmental assessment

(DEA)for the project. In this DEA, staff analyzes the potential environmental effects of the surrender of license and concludes that the surrender would not constitute a major Federal action significantly affecting the quality of the human environment. A copy of the DEA is available for review at the Commission in the Public Reference Room, or it may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “e-Library” link. Enter the docket number P-11512 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. Any comments should be filed by August 2, 2004, and should be addressed to Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please refer to (McKenzie Project No. 11512-002, on all comments. 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 at *http://www.ferc.gov* under the “e-Filing” link. The Commission strongly encourages electronic filings. You may register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For further information, please contact Robert Fletcher at

(202)502-8901, or at *robert.fletcher@ferc.gov* . Magalie R. Salas, Secretary. [FR Doc. E4-1478 Filed 7-6-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OAR-2004-0065; FRL-7782-6] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Application Requirements for the Approval and Delegation of Federal Air Toxics Programs to State, Territorial, Local, and Tribal Agencies (Renewal), ICR Number 1643.05, OMB Number 2060-0264 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 an Information Collection Request

(ICR)has been forwarded to the Office of Management and Budget

(OMB)for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on June 30, 2004. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before August 6, 2004. ADDRESSES: Submit your comments, referencing docket ID number OAR-2004-0065 to

(1)EPA online using EDOCKET (our preferred method), by e-mail to *a-and-r-docket@epa.gov* , or by mail to: Environmental Protection Agency, EPA Docket Center (EPA/DC), Air and Radiation Docket and Information Center, Mail Code 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and

(2)OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Mr. Jeff Whitlow, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code C439-04, Research Triangle Park, NC 27711; telephone number 919-541-5523; fax number 919-541-0942; e-mail address: *whitlow.jeff@epa.gov* . SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On April 30, 2004 (69 FR 23739), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. EPA has established a public docket for this ICR under Docket ID No. OAR-2004-0065, which is available for public viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is

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

(202)566-1742. An electronic version of the public docket is available through EPA Dockets (EDOCKET) at *http://www.epa.gov/edocket* . Use EDOCKET to submit or view public comments, to 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 and OMB within 30 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 *www.epa.gov/edocket* . *Title:* Application Requirements for the Approval and Delegation of Federal Air Toxics Programs to State, Territorial, Local, and Tribal Agencies (Renewal). *Abstract:* This information collection is a voluntary application from State, Territorial, Local, and Tribal Agencies (S/L/Ts) for delegation of regulations developed under section 112 of the Clean Air Act (CAA). In the time frame for this submittal, the EPA estimates that the majority of the delegated regulations will be those developed under section 112(d) of the CAA. The procedures and requirements that the S/L/Ts will use to request the delegations are codified as 40 CFR part 63, subpart E, in accordance with section 112(l) of the CAA. The subpart E regulations contain the following five options for delegation: • Straight delegation • Rule adjustment • Rule substitution • Equivalency by permit • State program approval Straight delegation is the option where the respondents, S/L/Ts, choose to accept delegation of a section 112 provision and to implement and enforce the provision as written. The S/L/Ts may use the rule adjustment option when they want to substitute a rule and/or requirement that is unequivocally no less stringent than the otherwise applicable section 112 standard, such as a part 63 national emission standards for hazardous air pollutants (NESHAP). They may use rule substitution when they wish to substitute individual rules and/or requirements in place of the otherwise applicable section 112 standard. They may use the equivalency by permit option when they wish to substitute operating permit terms and conditions for a section 112 standard; this option is only applicable to a limited number of sources using title V permit terms and conditions. Finally, S/L/Ts may use the State program approval option if they want to substitute their overall air toxics program for the Federal air toxics program; *i.e.* , the section 112(d) standards. The delegation options vary in the types of changes allowed, the level of demonstration required, and the amount of time and process needed to implement them. Respondents must submit any packages requesting delegation to their EPA Regional office. We must then review and approve, partially approve, or disapprove the request based on the subpart E approval criteria. The request may only take effect after our approval (or partial approval of a subset of the request), public notice, and, in some cases, public comment. The information is needed and used to determine if the entity submitting an application has met the criteria established in the subpart E rule. This information is necessary for the Administrator to determine the acceptability of approving the S/L/T's rules, requirements, or programs in lieu of the Federal section 112 rules or programs. The collection of information is authorized under 42 U.S.C. 7401-7671q. All information submitted to us for which a claim of confidentiality is made will be safeguarded according to the policies set forth in Title 40, Chapter 1, part 2, subpart B, Confidentiality of Business Information. 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 and are identified on the form and/or instrument, if applicable. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 41,577 hours per response. 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; to adjust the existing ways to comply with any previously applicable instructions and requirements; to train personnel to be able to respond to a collection of information; to search data sources; to complete and review the collection of information; and to transmit or otherwise disclose the information. *Respondents/Affected Entities:* Entities potentially affected by this action are State, territorial, local, or tribal agencies (SLTs). *Estimated Number of Respondents:* 124. *Frequency of Response:* One time per request for substitution. *Estimated Total Annual Hour Burden:* 41,577. *Estimated Total Annual Cost:* $1,816,490, which includes $1,790,760 annual labor costs, $25,720 total annual capital costs, and $0 O&M costs. *Changes in the Estimates:* There is a decrease of 95,972 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. This decrease is due to a program adjustment. The following discussion explains these changes. The changes in burden are related to four main changes:

(1)A reduced number of occurrences related to the number of participating S/L/Ts and the number of NESHAP delegated;

(2)a change in the distribution of S/L/Ts using each option;

(3)the assumption that some portions of the subpart E program will not be used over the next 3 years; and

(4)the reduction of hours per occurrence related to overall program approval. Dated: June 9, 2004. Oscar Morales, Director, Collection Strategies Division. [FR Doc. 04-15343 Filed 7-6-04; 8:45 am]

Connectionstraces to 10

Traces to 10 documents

CFR