Notices. Notice of data availability; request for public comment

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

BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-366-000] Gulf South Pipeline Company, L.P.; Notice of Application June 30, 2004. Take notice that on June 22, 2004, Gulf South Pipeline Company, L.P. (Gulf South), 20 East Greenway, Houston, Texas 77046, filed in Docket No. CP04-366-000 an application pursuant to section 7(c) of the Natural Gas Act for a certificate of public convenience and necessity to construct, own and operate up to 5 injection/withdrawal storage wells, associated wellhead measurement facilities, appurtenant and auxiliary facilities; and 2.34 miles of 8-inch and 16-inch storage pipeline at the Jackson Gas Storage Facility in Rankin County, Mississippi, 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 TTY,

(202)502-8659. Any questions regarding this application should be directed to J. Kyle Stephens, Director of Certificates, Gulf South Pipeline Company, L.P., 20 East Greenway Plaza, Houston, Texas 77046, Phone:

(713)544-7309, Fax:

(713)544-4818, or Email: *kyle.stephens@gulfsouthpl.com* . 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 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. 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 21, 2004. Magalie Salas, Secretary. [FR Doc. E4-1491 Filed 7-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP02-361-034] Gulfstream Natural Gas System, L.L.C.; Notice of Negotiated Rate June 30, 2004. Take notice that on June 26, 2004, Gulfstream Natural Gas System, L.L.C. (Gulfstream) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, Original Sheet No. 8.01c, reflecting an effective date of July 1, 2004. Gulfstream states that this filing is being made in connection with a negotiated rate transaction pursuant to section 31 of the General Terms and Conditions of Gulfstream's FERC Gas Tariff. Gulfstream states that Original Sheet No. 8.01c identifies and describes the negotiated rate transaction, including the exact legal name of the relevant shipper, the negotiated rate, the rate schedule, the contract terms, and the contract quantity. Gulfstream also states that Original Sheet No. 8.01c includes footnotes where necessary to provide further details on the transaction listed thereon. Gulfstream states that copies of its filing have been mailed to all affected customers and interested State commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-1498 Filed 7-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP96-312-140] Tennessee Gas Pipeline Company; Notice of Negotiated Rate Agreement June 30, 2004. Take notice that on June 28, 2004, Tennessee Gas Pipeline Company (Tennessee), tendered for filing and acceptance an original and five copies of a Gas Transportation Agreement between Tennessee and Keyspan Energy Delivery Long Island pursuant to Tennessee's Rate Schedule FT-A and a Negotiated Rate Letter Agreement (Negotiated Rate Arrangement). Tennessee requests that the Commission accept and approve the Negotiated Rate Agreement to be effective on November 1, 2004. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(202)502-8659. The Commission strongly encourages electronic filings. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the e-Filing link. Magalie R. Salas, Secretary. [FR Doc. E4-1489 Filed 7-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-345-000] Transcontinental Gas Pipe Line Corporation; Notice of Proposed Changes in FERC Gas Tariff June 30, 2004. Take notice that on June 25, 2004, Transcontinental Gas Pipe Line Corporation (Transco) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the revised tariff sheets in Appendix A attached to the filing, with an effective date of August 1, 2004. Transco states that the purpose of the instant filing is to eliminate the GRI surcharge rates from its tariff effective August 1, 2004. Transco states that copies of the filing are being mailed to affected customers and interested State Commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or TTY, contact

(VEC)tendered for filing an amendment to its March 31, 2004, application for market-based rate authority in Docket No. ER04-694-000. *Comment Date:* July 9, 2004. 3. Allied Energy Resources Corporation [Docket No. ER04-923-001] Take notice that on June 24, 2004, Allied Energy Resources Corporation

(AERC)filed an amendment to its June 14, 2004, petition 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. *Comment Date:* July 15, 2004. 4. Ritchie Energy Products, L.L.C. [Docket No. ER04-954-000] Take notice that on June 24, 2004, Ritchie Energy Products, L.L.C. (Ritchie Energy) filed with the Commission a Notice of Succession pursuant to sections 35.16 and 131.51 of the Commission's regulations, 18 CFR 35.16 and 131.51. Ritchie Energy states that as a result of a name change, Ritchie Energy is succeeding to the FERC Electric Rate Schedule of RAM Energy Products, L.L.C., effective May 27, 2004. *Comment Date:* July 16, 2004. 5. New York State Electric & Gas Corporation [Docket No. ER04-962-000] Take notice that on June 25, 2004, New York State Electric & Gas Corporation (NYSEG) tendered for filing pursuant to section 205 of the Federal Power Act and section 35.13 of the Commission's Regulations, to Rate Schedule 200 a Facilities Agreement between NYSEG and the New York Power Authority (NYPA). NYSEG requests an effective date of September 1, 2004. NYSEG states that copies of the filing have been served upon the NYPA and the Public Service Commission of the State of New York. *Comment Date:* July 16, 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. E4-1488 Filed 7-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-334-000] CenterPoint Energy—Mississippi River Transmission Corp.; Notice of Intent To Prepare an Environmental Assessment for the Proposed Abandonment of the Mrt Main Line No. 1 Pipeline and Request for Comments on Environmental Issues June 30, 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 proposed abandonment by CenterPoint Energy—Mississippi River Transmission Corp.

(MRT)of 307 miles of 22-inch-diameter pipeline, and 2 associated compressor stations. The facilities which would be abandoned consist of the MRT Main Line No. 1 running from Perryville, Louisiana, across the state of Arkansas to Poplar Bluffs, Missouri. 1 This EA will be used by the Commission in its decision-making process to determine whether the project is in the public convenience and necessity. 1 MRT's application was filed with the Commission under Section 7(b) of the Natural Gas Act and Part 157 of the Commission(s regulations. 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 MRT 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 MRT seeks authority to abandon approximately of 307 miles of pipeline of which about 277.5 miles would be abandoned in place. MRT would abandon by sale 18.3 miles of pipeline running from its Glendale Compressor Station to the town of Pine Bluff, Arkansas. The 18.3-mile segment of pipe would be sold to CenterPoint Energy Gas Transmission Company which would continue service to the town of Pine Bluff. MRT states that it contacted all landowners along its Main Line No. 1 and received a number of requests that the abandoned pipe be removed. Segments planned for removal at landowner request currently total 11.2 miles. Mainline No. 1 shares an easement with MRT's Mainlines No. 2 and 3 (which will remain in service). MRT would retain its current pipeline easement. MRT also proposes to abandon 2 obsolete compressor stations, the Diaz and Sherrill Compressor Stations in (respectively) Jackson and Jefferson Counties, Arkansas. All buildings and structures would be removed except for two small communications sheds at the Diaz facility. Above ground appurtenant facilities which would be removed include valves and vents at 78 sites, crossover pipes at 23 sites, and a back up interconnection to Natural Gas Pipeline Company of America. The general location of the project facilities is shown in appendix 1. 2 2 The appendices referenced in this notice are not being printed in the **Federal Register.** Copies of all appendices, other than appendix 1 (maps), are available on the Commission's website at the “eLibrary” link or from the Commission(s Public Reference and Files Maintenance Branch, 888 First Street, NE., Washington, DC 20426, or call

(202)502-8371. For instructions on connecting to eLibrary refer to the last page of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. Land Requirements for Abandonment The Main Line No. 1 abandonment would require excavation at 167 work areas (including the compressor stations). MRT's work would disturb 306.5 acres within MRT's existing ROW and facility yards. MRT would retain the Main Line No. 1 easement after the Main Line No. 1 pipeline is abandoned. MRT would use existing access roads and plans no new or permanently improved roads. The EA Process The National Environmental Policy Act

(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. 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 paper 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 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 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, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact

(202)502-8659. 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. E4-1490 Filed 7-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP04-114-000] Compass Pass Pipeline LLC; Notice of Intent To Prepare an Environmental Impact Assessment for the Proposed Compass Pass Pipeline Project and Notice of Site Visit June 30, 2004. The Federal Energy Regulatory Commission (FERC or Commission) will participate in the preparation of an environmental impact assessment

(EIS)that will discuss the environmental impacts of the Compass Port deepwater port and the associated Compass Pass Pipeline Project involving construction and operation of facilities by Compass Pass Pipeline LLC (Compass Pass) in Mobile County, Alabama. 1 These facilities would consist of about 5 miles of onshore 36-inch-diameter pipeline. The onshore portion of the pipeline is the only part of the project under FERC jurisdiction. This EIS will be used by the Commission in its decision-making process to determine whether its portion of the project is in the public convenience and necessity. 1 ANR's application was filed with the Commission under section 7 of the Natural Gas Act and part 157 of the Commission's regulations. On June 25, 2004, the U.S. Coast Guard

(USCG)issued a notice of intent in the **Federal Register** to prepare an EIS for the Compass Port deepwater port, notice of public meeting, and request for public comments. Compass Port includes the deepwater port liquefied natural gas

(LNG)facility located 26 miles offshore, 26 miles of 36-inch-diameter pipeline, and the Compass Pass Pipeline. Compass Pass, a wholly owned subsidiary of ConocoPhillips Company (Conoco Phillips), filed an application on March 29, 2004, with the U.S. Department of Transportation's Maritime Administration (Maritime Administration) for construction and operation of the Compass Port deepwater port and associated Compass Pass Pipeline. Pursuant to the Deepwater Port Act of 1974, as amended, jurisdiction over deepwater natural gas ports is vested in the Department of Transportation's Maritime Administration and the Department of Homeland Security. The USCG is preparing an EIS, as the lead agency, for the entire project including the onshore Compass Pass Pipeline. The FERC, as a cooperating agency, will provide documentation and review to support the preparation of applicable sections of the USCG EIS. 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 CompassPass 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 Compass Pass wants to connect the Compass Port offshore pipeline to three downstream interstate natural pipelines to transport approximately 1.5 billion cubic feet per day of regasified LNG from the Compass Port deepwater port. The Compass Port deepwater port would receive, store, and regasify LNG for transport to the combined offshore/onshore pipeline. Additional proposed facilities for the Compass Pass Pipeline include a valve station, a meter station, flow valves, a receiving station with pig receiver, two short 16-inch-diameter laterals with meters and flow valves, and interconnect facilities to the three existing natural gas pipelines. The general location of the project facilities is shown in appendix 1. Land Requirements for Construction Construction of the proposed onshore facilities would require about 79 acres of land, of which 33 acres would be new permanent right-of-way

(ROW)easement after construction. Virtually all construction would occur adjacent to previously disturbed ROW. 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 2 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 EIS on the important environmental issues. By this Notice of Intent, the Commission requests public comments on the scope of the onshore pipeline related issues the Commission is required to address in the EIS. All comments received are considered during the preparation of the EIS. 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. 2 “We”, “us”, and “our” refer to the environmental staff of the Office of Energy Projects (OEP). The EIS will contain evaluations of 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. To ensure your comments to the Commission are considered, please carefully follow the instructions in the public participation section beginning on the next page. 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 Compass Pass Pipeline. This preliminary list of issues may be changed based on your comments and our analysis. The onshore pipeline would • Cross seven waterways ranging in width from 5-22 feet; • Disturb fifty-two acres of wetland, including coastal marsh habitat; • Use water from local waterways and wetlands for hydrostatic testing; and • Use four access roads. In addition, fourteen Federally threatened and endangered species may occur in the proposed project area. Public Participation You can make a difference by providing us with your specific comments or concerns about the project. By becoming a commenter, 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 pipeline alignments, 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. CP04-114-000. • Mail your comments so that they will be received in Washington, DC on or before July 26, 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. If you do not want to send comments at this time but still want to remain on our mailing list, please return the Information Request (appendix 3). If you do not return the Information Request, you will be taken off our mailing list. Notice of Site Visit The USCG will conduct public meetings on July 12, 13, and 14, 2004, from 3 p.m. to 7 p.m. in Dauphin Island, Alabama; Mobile, Alabama; and Pascagoula, Mississippi; respectively. Each meeting will consist of an informational open house from 3 p.m. to 4:30 p.m. and a public scoping meeting from 5 p.m. to 7 p.m. There will be a Commission representative at the meeting in Mobile. Becoming an Intervenor In addition to involvement in the EA scoping process, you may want to become an official party to the Commission's 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 1). 3 Only intervenors have the right to seek rehearing of the Commission's decision. 3 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. 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 FERC Online Support 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. E4-1500 Filed 7-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PF04-8-000] Seafarer U.S. Pipeline System, Inc.; Notice of Intent To Prepare an Environmental Impact Statement for the Proposed Seafarer U.S. Pipeline System Project, Request for Comments on Environmental Issues, and Notice of Public Scoping Meeting June 30, 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 the Seafarer U.S. Pipeline System Project proposed by Seafarer U.S. Pipeline System, Inc. (hereafter referred to as Seafarer). This notice explains the scoping process we 1 will use to gather input from the public and interested agencies on the project. Your input will help us determine the issues that need to be evaluated in the EIS. Please note that the scoping period will close on August 16, 2004. 1 “We,” and “our” refer to the environmental staff of the Office of Energy Projects. Comments may be submitted in written form or verbally. Further details on how to submit written comments are provided in the public participation section of this notice. In lieu of sending written comments, we invite you to attend the public scoping meeting we have scheduled as follows: Thursday, July 22, 2004, 7 p.m., Seafarer U.S. Pipeline System Project, Riviera Beach Council Chambers, 600 West Blue Heron Boulevard, Riviera Beach, FL 33404, Telephone:

(561)845-4010 Additionally, representatives of Seafarer and Commission staff will be visiting some project areas on the morning of Thursday, July 22, 2004. Anyone interested in participating in the site visit may meet in the parking lot of Phil Foster Memorial Park at 9 a.m. The park is located at 900 East Blue Heron Boulevard in Riviera Beach. Individuals must provide their own transportation. The FERC will be the lead federal agency in the preparation of the EIS. The document will satisfy the requirements of the National Environmental Policy Act (NEPA). This notice is being sent to affected landowners; federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; other interested parties; and local libraries and newspapers. We encourage government representatives to notify their constituents of this planned project and encourage them to comment on their areas of concern. Summary of the Proposed Project Seafarer proposes to construct and operate a natural gas pipeline to provide a new supply of competitively priced natural gas to south Florida. Overall, the proposed pipeline would extend approximately 127.5 miles from a proposed liquefied natural gas

(LNG)facility on Grand Bahama Island to an interconnect site with the existing Florida Gas Transmission

(FGT)pipeline system in Palm Beach County, Florida. The portion of the project under FERC jurisdiction would extend from the United States/Bahamian Exclusive Economic Zone

(EEZ)boundary, located approximately 35 miles off the Florida coast, to the terminus at the FGT interconnect site. The proposed pipeline would make landfall on Singer Island near Riviera Beach, FL. The onshore portion would extend approximately 6 miles from landfall to the FGT interconnect site. The general location of the proposed pipeline is shown in Figure 1. 2 The portion of the Seafarer U.S. Pipeline System Project under FERC jurisdiction would include: 2 The figure referenced in this notice is not being printed in the **Federal Register** . Copies of the figure were sent to all those receiving this notice in the mail. Requests for detailed maps of the proposed facilities should be made directly to Seafarer. • 40.6 miles of 26-inch-diameter natural gas pipeline; and • Aboveground facilities including four mainline valves (one offshore and three onshore), a pressure reduction station, a meter station, and a side valve at the FGT interconnect site. Seafarer proposes to have the project constructed and operational by April 2008. The project would deliver up to 750 million cubic feet (about 800,000 dekatherms) of natural gas per day to Sailfish Natural Gas, Ltd., an affiliate of FPL Group Resources, via the FGT pipeline system. The EIS Process The FERC will use the EIS to consider the environmental impact that could result if it issues Seafarer project authorizations under sections 3 and 7 of the Natural Gas Act. This notice formally announces our preparation of the EIS and the beginning of the process referred to as “scoping.” We are soliciting input from the public and interested agencies to help us focus the analysis in the EIS on the potentially significant environmental issues related to the proposed action. 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 FERC'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. Although no formal application has been filed, the FERC staff has already initiated its NEPA review under its NEPA Pre-filing Process. The purpose of the Pre-filing Process is to encourage the early involvement of interested stakeholders and to identify and resolve issues before an application is filed with the FERC. With this notice, we are asking 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 that would like to request cooperating status should follow the instructions for filing comments provided under the Public Participation section of this Notice. Currently Identified Environmental Issues The EIS will discuss impacts that could occur as a result of the construction and operation of the proposed project. We have already identified several issues that we think deserve attention based on a preliminary review of the project site and the facility information provided by Seafarer. This preliminary list of issues may be changed based on your comments and our analysis. • Potential impacts to the nearshore marine environment from construction activities including the possibility of the unsuccessful implementation of HDD drilling beneath marine and nearshore habitats; • Potential impacts to marine and estuarine water quality associated with construction activities; • Potential impacts on wetlands and submerged aquatic vegetation; • Potential impacts on coral and other marine life from pipeline construction activities; • Potential impacts on essential fish habitat and state and/or federally-listed threatened and endangered species along the pipeline route; • Consistency with coastal zone management guidelines; • Potential impacts and potential benefits of construction workforce on local housing, infrastructure, public services, and economy; • Potential impacts of increased boat traffic associated with construction in nearshore marine waters and the Intracoastal Waterway; • Assessment of potential cultural resources along the pipeline route; • Hazards associated with the transport of natural gas; • Alternative alignments for the onshore and offshore pipeline route; and • Assessment of the effect of the proposed project when combined with other past, present, or reasonably foreseeable future actions in the project area, including other recently proposed natural gas pipelines that would extend between the Bahamas and south Florida. Public Participation You can make a difference by providing us with your specific comments or concerns about the proposal. Your comments should focus on the potential environmental effects, reasonable alternatives (including alternative facilities sites and pipeline routes), and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. To ensure that your comments are timely and properly recorded, please mail your comments so that they will be received in Washington, DC, on or before August 16, 2004, and carefully follow these instructions: • 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 3, DG2E; • Reference Docket No. PF04-8-000 on the original and both copies. The public scoping meeting to be held on July 22, 2004, at the Riviera Beach Council Chambers, is designed to provide another opportunity to offer comments on the proposed project. Interested groups and individuals are encouraged to attend the meeting and to present comments on the environmental issues they believe should be addressed in the EIS. A transcript of the meeting will be generated so that your comments will be accurately recorded. We will include all comments that we receive within a reasonable time frame in our environmental analysis of this project. To expedite our receipt and consideration of your comments, the Commission strongly encourages electronic submission of any comments on this project. *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 submit comments you will need to create a free account, which can be created by clicking on “Login to File” and then “New User Account.” You will be asked to select the type of submission you are making. This submission is considered a “Comment on Filing.” If you do not want to send comments at this time but still want to remain on our mailing list, please return the attached Information Request. If you do not return the Information Request, you will be removed from the project mailing list. Once Seafarer formally files its application with the Commission, you may want to become an official party to the proceeding known as an “intervenor.” Intervenors play a more formal role in the process and are able to file briefs, appear at hearings, and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in a Commission proceeding by filing a request to intervene. Instructions for becoming an intervenor are included in the User's Guide under the “e-filing” link on the Commission's Web site. Please note that you may not request intervenor status at this time. You must wait until a formal application is filed with the Commission. 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 website ( *www.ferc.gov* ) using the “eLibrary link.” Click on the eLibrary link, select “General Search” and enter the project docket number excluding the last three digits ( *i.e* ., PF04-8) in the “Docket Number” field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or TTY, contact

(202)502-8659. 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 FERC 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* . Finally, Seafarer has established an Internet Web site for this project at *http://www.seafarer.us/* . The Web site includes a description of the project, a map of the proposed pipeline route, and answers to frequently asked questions. You can also request additional information or provide comments directly to Seafarer at

(866)683-5587. Magalie R. Salas, Secretary. [FR Doc. E4-1497 Filed 7-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests, and Comments June 30, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Type of Application:* Preliminary Permit. b. *Project No.:* 12491-000. c. *Date Filed:* March 11, 2004. d. *Applicant:* Davis Hydro, LLC. e. *Name of Project:* Pit 4 Dam Retrofit Project. f. *Location:* At the Pit 4 Diversion Dam on the Pit River, in Shasta County, California. The Dam is owned by Pacific Gas and Electric Company (PG&E). The project is partially on PG&E land but the project works and most of the reservoir is primarily on the Shasta-Trinity National Forest. The proposed project is for additional capacity at the existing License project No. 233 operated by Pacific Gas and Electric Company. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Richard Ely, Davis Hydro LLC, 27264 Meadowbrook Drive, Davis, CA 95616,

(530)753-0562. i. *FERC Contact:* Mr. Lynn R. Miles,

(202)502-8763. j. *Deadline for Filing Comments, Protests, and Motions To Intervene:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please include the project number (P-12491-000) on any comments, protest, or motions filed. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person in the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. *Description of Project:* The proposed project would consist of:

(1)The existing Pit 4 Dam, which is a concrete structure consisting of a 37 foot non-overflow section at the right abutment, a 213 foot concrete gravity spillway section, and a 197 foot slab and buttress section at the left abutment. The concrete gravity spillway section is 78 feet in height from bedrock to spillway crest elevation on 2,048 feet and 108 feet to the current dam crest elevation of 2,438.5 feet elevation. The slab and buttress section is 202 feet long and has a height of 58 feet to a crest elevation of 2,445.33 feet,

(2)a 7-foot-diameter approximately 200 foot long steel penstock,

(3)an existing impoundment having a surface area of 105 acres and a storage capacity of 1,970 acre-feet having a normal water surface elevation of 2,442.5 feet mean sea level,

(4)a proposed powerhouse containing one turbine with a installed capacity of 1,200 kilowatts,

(5)a proposed 320-foot-long 12 kilovolt transmission line and

(6)appurtenant facilities. Applicant estimates that the average annual generation would be 9 gigawatt-hours and project energy would be sold to a local utility. This project is for additional capacity at the already licensed Pit 3, 4, and 5 Hydroelectric Project, FERC No. 233. The proposed project will be constructed not to impact FERC Project No. 233 under current or expected future license requirements. l. *Locations of Applications:* A copy of the application is available for inspection and reproduction at the Commission in the Public Reference Room, located at 888 First Street NE., Room 2A, Washington, DC 20426, or by calling

(202)502-8371. This filing may also 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, call toll-free 1-866-208-3676 or e-mail *FERCOnlineSupport@ferc.gov.* For TTY, call

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h. above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Competing Preliminary Permit* —Anyone desiring to file a competing application for preliminary permit for a proposed project must submit the competing application itself, or a notice of intent to file such an application, to the Commission on or before the specified comment date for the particular application ( *see* 18 CFR 4.36). Submission of a timely notice of intent allows an interested person to file the competing preliminary permit application no later than 30 days after the specified comment date for the particular application. A competing preliminary permit application must conform with 18 CFR 4.30(b) and 4.36. o. *Competing Development Application* —Any qualified development applicant desiring to file a competing development application must submit to the Commission, on or before a specified comment date for the particular application, either a competing development application or a notice of intent to file such an application. Submission of a timely notice of intent to file a development application allows an interested person to file the competing application no later than 120 days after the specified comment date for the particular application. A competing license application must conform with 18 CFR 4.30(b) and 4.36. p. *Notice of Intent* —A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit, if such an application may be filed, either a preliminary permit application or a development application (specify which type of application). A notice of intent must be served on the applicant(s) named in this public notice. q. *Proposed Scope of Studies Under Permit* —A preliminary permit, if issued, does not authorize construction. The term of the proposed preliminary permit would be 36 months. The work proposed under the preliminary permit would include economic analysis, preparation of preliminary engineering plans, and a study of environmental impacts. Based on the results of these studies, the Applicant would decide whether to proceed with the preparation of a development application to construct and operate the project. r. *Comments, Protests, or Motions To Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and the instructions on the Commission's web site under “e-filing” link. The Commission strongly encourages electronic filing. s. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. Any of the above-named documents must be filed by providing the original and the number of copies provided by the Commission's regulations to: The Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. t. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E4-1492 Filed 7-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Non-Project Use of Project Lands and Waters and Soliciting Comments, Motions To Intervene, and Protests June 30, 2004. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Non-project use of project lands and waters. b. *Project No.:* 2232-472. c. *Date Filed:* May 20, 2004. d. *Applicant:* Duke Power, a Division of Duke Energy Corporation. e. *Name of Project:* Catawba-Wateree Hydroelectric Project. f. *Location:* The project is located in Alexander, Burke, Caldwell, Catawba, Gaston, Iredell, Lincoln, McDowell and Mecklenburg Counties, North Carolina and Chester, Fairfield, Kershaw, Lancaster, and York Counties, South Carolina. This project does not occupy any Federal or tribal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r) and 799 and 801. h. *Applicant Contact:* Mr. Joe Hall, Lake Management Representative, Duke Energy Corporation, P.O. Box 1006, Charlotte, North Carolina, 28201-1006,

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

(202)502-8674, or e-mail address: *shana.high@ferc.gov* . j. *Deadline for Filing Comments and or Motions:* July 30, 2004. All documents (original and eight copies) should be filed with: Ms. Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington DC 20426. Please include the project number (P-2232-472) on any comments or motions filed. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages e-filings. k. *Description of Request:* Duke Power

(Duke)is seeking Commission approval to reduce the total number of boat slips at the existing approved Windemere Marina on Lake Norman from 94 to 81, and to increase the leased acreage from 1.48 acres to 1.95 acres. The configuration of the marina will be altered so that the slips that were originally planned for the back of the cove will now be built in open water to provide adequate clearance for boating. A permit would be issued by Duke to Turnpike Properties, Inc. for the construction and continued operation of the marina. The marina will be used by the residents of the Windemere Subdivision on Lake Norman, in Iredell County, North Carolina. l. *Location of the Application:* 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 “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or for TTY, contact

(202)502-8659. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions To Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of rules of practice and procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described applications. A copy of the applications may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E4-1493 Filed 7-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Non-Project Use of Project Lands and Waters and Soliciting Comments, Motions To Intervene, and Protests June 30, 2004. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Non-project use of project lands and waters. b. *Project No.:* 2232-473. c. *Date Filed:* May 20, 2004. d. *Applicant:* Duke Power, a Division of Duke Energy Corporation. e. *Name of Project:* Catawba-Wateree Hydroelectric Project. f. *Location:* The project is located in Alexander, Burke, Caldwell, Catawba, Gaston, Iredell, Lincoln, McDowell and Mecklenburg Counties, North Carolina and Chester, Fairfield, Kershaw, Lancaster, and York Counties, South Carolina. This project does not occupy any Federal or tribal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r) and 799 and 801. h. *Applicant Contact:* Mr. Joe Hall, Lake Management Representative, Duke Energy Corporation, P.O. Box 1006, Charlotte, North Carolina, 28201-1006,

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

(202)502-8764, or e-mail address: *shana.high@ferc.gov* . j. *Deadline for Filing Comments and or Motions:* July 30, 2004. All documents (original and eight copies) should be filed with: Ms. Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please include the project number (P-2232-473) on any comments or motions filed. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. *See* 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages e-filings. k. *Description of Request:* Duke Power

(Duke)is seeking Commission approval to reduce the total number of boat slips by 18 at an existing series of community docks with 558 slips on Lake Norman, and to reduce the leased acreage from 25.25 acres to 20.92 acres. A permit would be issued by Duke to the Point on Norman, LLC (the Point) for the construction and continued operation of the marina. The Point also request permission to remove 78 slips from a community marina and add 60 slips at 4 other locations. A new pump out facility will be installed on pier K of the marina complex. The marina will be used by the residents of the Point Subdivision on Lake Norman, in Iredell County, North Carolina. l. *Location of the Application:* 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 “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at

(866)208-3676, or for TTY, contact

(202)502-8659. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions To Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of rules of practice and procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described applications. A copy of the applications may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E4-1494 Filed 7-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Non-Project Use of Project Lands and Soliciting Comments, Motions To Intervene, and Protests June 30, 2004. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Non-Project Use of Project Lands. b. *Project No:* 2503-080. c. *Date Filed:* March 26, 2004. d. *Applicant:* Duke Power Company. e. *Name of Project:* Keowee & Jocassee Project. f. *Location:* The project is located in Oconee County, South Carolina. This project does not occupy any federal or tribal lands. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r) and §§ 799 and 801. h. *Applicant Contact:* Mr. Joe Hall, Lake Management Representative, Duke Power, a division of Duke Energy Corp., P.O. Box 1006, Charlotte, North Carolina 28201-1006,

(704)382-8576. i. *FERC Contacts:* Any questions on this notice should be addressed to Mrs. Jean Potvin at

(202)502-8928, or e-mail address: *jean.potvin@ferc.gov.* j. *Deadline for Filing Comments and or Motions:* July 14, 2004. All documents (original and eight copies) should be filed with: Ms. Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington DC 20426. Please include the project number (P-2503-080) on any comments or motions filed. Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages e-filings. k. *Description of Request:* The licensee proposes to grant a lease for 2.7 acres of project lands for a Commercial/Residential Marina to The Towne Homes on Keowee, LLC. The proposal consists of ten cluster docks with fifty-six boat slips and 370 feet of rip rap along the shoreline. The slips would provide reservoir access to the residents of The Towne Homes on Keowee, located in Oconee County, South Carolina. l. *Location of the Application:* The filing is available for review at the Commission in the Public Reference Room , located at 888 First Street, NE., Room 2A, Washington, DC 20426, or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online support at *FERCOnLineSupport@ferc.gov* or toll free

(866)208-3676 or TTY, contact

(202)502-8659. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions To Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, OR “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. q. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. Magalie R. Salas, Secretary. [FR Doc. E4-1495 Filed 7-7-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application for Surrender of Exemption From Licensing and Soliciting Comments, Motions To Intervene, and Protests June 30, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Surrender of Small Conduit Exemption. b. *Project No.:* 7330-001. c. *Date Filed:* June 7, 2004. d. *Applicant:* Tehachapi-Cummings County Water District. e. *Name of Project:* Power Recovery Number 1 Hydroelectric Project. f. *Location:* Located at an existing pressure reducing station on the Tehachapi-Cummings County Water District's main pipeline, Tehachapi River, Kern County, California. No federal lands would be affected. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicant Contact:* Mr. Glen Mueller, Tehachapi-Cummings County Water District, 22901 Banducci Road, Post Office Box 326, Tehachapi, CA 93561,

(661)822-5504. i. *FERC Contact:* Jean Potvin,

(202)502-8928. j. *Deadline for Filing Comments and or Motions:* July 30, 2004. All documents (original and eight copies) should be filed with: Ms. Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please include the project number ( P-7330-001) on any comments or motions filed. Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. The Commission strongly encourages electronic filings. k. *Description of Request:* The Tehachapi-Cummings County Water District proposes to surrender its exemption from licensing for the conduit Power Recovery Number 1 Project because the generator and system are in need of extensive repair and the repair costs would not be realized over the next 20 years. The project consists of a bypass conduit at the existing pressure reducing station, a single turbine-generator unit with a rated capacity of 0.46 kW, and 100 feet of 12.0-kV transmission line. The applicant proposes to remove some pipe and add blind flanges. l. *Locations of the Application:* This filing is available for review and reproduction at the Commission in the Public Reference Room, Room 2A, 888 First Street, NE., Washington, DC 20426. The filing may also be viewed on the Web at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number, here P-7330, in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnline Support@ferc.gov* or call toll-free

(866)208-3676, for TTY, call

(202)502-8659. A copy is also available for inspection and reproduction at the Tucson Water Department. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions To Intervene* —Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “RECOMMENDATIONS FOR TERMS AND CONDITIONS”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. *Agency Comments* —Federal, State, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. Magalie R. Salas, Secretary. [FR Doc. E4-1496 Filed 7-7-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-7783-3] Truck Stop Electrification Codes and Electrical Standards; Notice of Data Availability AGENCY: Environmental Protection Agency. ACTION: Notice of data availability; request for public comment. SUMMARY: Long-haul truck drivers often idle their engines to provide heat, air conditioning, or electrical power while they rest in the sleeper compartment. They may also idle their engines to keep engine oil and fuel warm in cold weather to avoid engine-starting problems. This long-duration idling contributes to air pollution and fuel waste. The President, in his May 2001 National Energy Policy, directed the Environmental Protection Agency

(EPA)and the Department of Transportation

(DOT)to develop a program to reduce long-duration truck engine idling. EPA recognizes that various technologies, strategies, and behaviors can effectively reduce long-duration idling while providing the truck driver with essential needs such as heat or air conditioning. One such technology is known as “truck stop electrification” (TSE). TSE allows the electrical grid to supply power to truck on-board components or stationary components for heating, cooling and other needs. As an emerging technology, TSE requires installing stationary infrastructure to allow the electrical grid to provide power to the truck. In some TSE configurations, the truck is equipped with on-board components; in other cases, the truck needs no on-board modifications. As TSE has gained popularity, the need for greater government-industry cooperation has become apparent. Several truck and engine manufacturers have TSE truck designs, and two TSE technology manufacturers have deployed stationary technology at several locations. Standardizing TSE technology is a concern for the long-haul trucking industry. Further, truck manufacturers, truck stop operators, and States and Federal agencies need to know that if they assist in TSE deployment to reduce emissions and conserve fuel, the interface between the truck and stationary infrastructure will need to be compatible across the country. Many different and divergent codes and standards potentially could be applied to TSE, including those set forth by the following organizations: —National Electrical Code

(NEC)providing standards for electric vehicle, recreational vehicle

(RV)and marine power pedestals along with on-board wiring standards for RV's. —Society of Automotive Engineers

(SAE)providing standards for high voltage primary system wiring design and components. —Underwriters Laboratories

(UL)providing standards for 120 VAC distribution wiring, plugs, receptacles, protective devices and on-board appliances. —National Electrical Manufacturer's Association

(NEMA)providing standards for plug and receptacle outlet configurations. —Canadian Standards Association

(CSA)and Canadian Electrical Code

(CEC)providing standards similar to that of UL and NEC but for application in Canada. Some of these standards-setting organizations have established preferred voltage/current ratings, plug types, and truck cab external connection locations. For example, SAE standard J1673 defines design and use requirements for primary high voltage wiring systems aboard on-road vehicles, but lacks explicit guidelines for distribution of 120-Volt alternating current

(AC)originating from grid-based electrical outlets for use on secondary power systems, as in the case of TSE. Additionally, the RV wiring standards listed in NEC and CSA allow for wiring practice that may not be suitable for the high vibration environment of a truck or the facility designs found at truck stops. For example, the use of insulation displacement connections with solid wire is an excepted practice with RV's that when exposed to high vibration will cut into the wire with the potential of being hazardous. Truck manufacturers have already dealt with local code enforcement organizations that claim oversight of the manufacturing installation of standard AC systems within their jurisdictions. But to date there is no consensus on a uniform approach to addressing the on-board TSE equipment as well as the stationary equipment requirements. On October 27, 2003, EPA and DOT held the first national workshop on developing consistent TSE codes and electrical standards. The goal of the workshop was to examine the issues surrounding TSE standards and to try to generate an initial consensus on a consistent, national standard for TSE as it applies to long-haul trucks. This was accomplished by examining a variety of existing codes and standards, holding a facilitated discussion of the concerns and issues as seen from the various perspectives of the long-haul trucking industry, and developing an initial national recommendation or action plan dealing with TSE standards. The purpose of this Notice of Data Availability is to seek your input on the workshop recommendations. TSE standardization requires input from various industry and standards-setting organizations. The comments and suggestions received from this notice will be used to better develop a national consensus. Once consensus is reached on many of the above issues and choices, a standards-setting organization will need to formally undertake the effort of establishing a national standard. DATES: Submit comments on or before August 9, 2004. ADDRESSES: Comments may be submitted electronically or by mail to the contact below or through EPA Dockets at *http://www.epa.gov/edocket* by searching on the appropriate docket identification number. EPA will make available for public inspection at the Air and Radiation Docket written comments received from interested parties. The official public docket is the collection of materials that 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 Public Reading Room is

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

(202)566-1743. The reference number for this docket is OAR-2003-0226. FOR FURTHER INFORMATION CONTACT: Elizabeth Lonoff, Transportation and Regional Programs Division (6406J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460. Telephone:

(202)343-9147, e-mail address: *Lonoff.Elizabeth@EPA.GOV.* SUPPLEMENTARY INFORMATION: I. Current Codes and Standards Based on the workshop, the following currently applicable standards were identified as relevant to TSE: Managing organization Document identifier Title Society of Automotive Engineers SAE J1654 High Voltage Primary Cable. Society of Automotive Engineers SAE J1673 High Voltage Automotive Wiring Assembly Design. Society of Automotive Engineers SAE J1742 Connections for High Voltage On-board Road Vehicle Electrical Wiring Harnesses. National Electrical Manufacturers Association Standards Publication No. WD 6 Wiring Devices—Dimensional Specifications. National Fire Protection Association NFPA 70 2002 National Electric Code. National Fire Protection Association NFPA 1194 Standard for Recreational Vehicle Parks. National Fire Protection Association NFPA 70 Article 220 Branched Circuit and Feeder Calculations. Underwriters Laboratories Standard No. 62 Flexible Cord and Fixture Wire. Underwriters Laboratories Standard No. 817 Cord Sets and Power Supply Cords. Underwriters Laboratories Standard No. 943 Ground Fault Circuit Interrupters. Canadian Standards Association CEC, Part 1 2002 Canadian Electric Code. Canadian Standards Association C22.2 No. 21-95 (R1999) Cord Sets and Power Supply Cords. Canadian Standards Association C22.2 No. 49-98 Flexible Cords and Cables. Canadian Standards Association Z240.6.2/C22.2 No. 149-99 Electrical Requirements for Recreational Vehicles. II. Potential TSE Code and Electrical Standards Based on discussions with and comments from key participants in the trucking and standard-setting industries, the following areas have been identified as needing attention. We seek your comments and suggestions on the following issues. As you write your comments, please indicate the section you are commenting on ( *e.g.* , On-Board System Power Needs). Please ensure your comments are relevant to the issues presented i. On-Board System Power Needs To best determine uniform off-board power requirements, we need to better understand the on-board power needs. Truck drivers will operate various on-board components, such as an electric heating/air conditioning system, engine block heater, TV/VCR, refrigerator, and lights to name just a few. While not all of these on-board components operate simultaneously, and the power needs will fluctuate throughout the year, we need to determine a range of kilowatt

(kW)power. What is the kW power needs? Is it <3 kW, 3-6kW, or >6 kW? Describe the types of devices and their kW needs when operated? Should we use peak power needs? Should we follow existing codes for feeder and demand calculations or does this technology warrant specific codes to follow? What are the future trends? Will power needs increase or decrease? ii. Off-Board Power Needs Based on certain assumptions of on-board power needs described above, what voltage and amperage configuration will supply the on-board needs? Should it be 120V, 240V single phase, 208V three phase, 208V single phase or some other voltage? Please be specific so as not to confuse 240V with 208V or other voltages that often get defined as equivalent. What amperage configuration will best provide the power required? Is it 20, 30, 50, or some other amperage? What are the power needs for transportation refrigerator units? Most engine block heaters are designed to operate at 120V. Will a voltage above 120V present problems for the existing heaters on the market? Or does this emphasize the need for truck OEM's to install integrated block heaters into the TSE designs? iii. Connection Compatibility and Safety What plug configuration should be used? Should the block heater connection be considered as part of the truck-mounted TSE system? Should power management be required, and if so where should it be installed, on the truck or within the connection facility? Should multiple configurations be available on a percentage of use basis, as is done at RV campsites? How should the user be required to interface with the TSE system for questions and payment? What type of safety considerations should be included in developing the TSE system? Which grounding standard should be adopted for truck on-board and facility systems? Should power be distributed in any certain manner? Should power be available at any distance away from vehicle? Should electrical safety measures (GFCI, fuses, breakers, etc.) be present on the truck, at the connection facility, in the connection wiring, or a combination of these? What sort of safeguards should be in place to verify that the driver only energizes his/her parking space? What safety measures (like auto-eject connectors or break-away connections, engine/transmission/emergency brake system interlocks, visual indicators, or other equipment) should be integrated into the TSE system to prevent structural damage, should users pull away while still connected? Should tamper loop monitoring be required? Are standards required to ensure safe power supply switching between on-board and off-board power sources? Should open service neutral protection be standardized on truck-mounted systems? iv. System Design What steps should be taken to ensure that modularity of both the truck-mounted and the facility-based TSE is ensured? How should wiring systems of the truck-mounted systems delineate AC and DC wiring or high and low voltage wiring (color-coding)? What location on the truck (incorporating safety, visibility, and user preferences) should be designated as the standard location for the installation of the truck-mounted TSE connection ( *e.g.* , driver side, passenger side or front of vehicle, fender or cab area)? How should cab design issues be approached when determining the impact on cab power requirements? Should a standardized cab living space be identified to determine the vehicle electrical load requirements (heating, ventilation, and air conditioning [HVAC] system capacity and cab insulation levels)? What weight allowances should be permitted for truck-mounted TSE equipment? Dated: June 29, 2004. Suzanne Rudzinski, Director, Transportation and Regional Programs Division. [FR Doc. 04-15534 Filed 7-7-04; 8:45 am]

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