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Code · REGISTER · 2004-12-15 · DEPARTMENT OF ENERGY · Notices

Notices. Notice

13,669 words·~62 min read·/register/2004/12/15/04-27366·

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 Notice of Application for Amendment of License and Soliciting Comments, Motions To Intervene, and Protests December 9, 2004. Take notice that the following application has been filed with the Commission and is available for public inspection: a. *Application Type:* Amendment of License to Reflect Terms and Conditions of Settlement Agreement. b. *Project No:* 2360-144. c. *Date Filed:* November 12, 2004. d. *Applicant:* ALLETE, Inc. e. *Name of Project:* St.
Louis Project. f. *Location:* The project is located on the St. Louis, Beaver, and Cloquet Rivers in Carlton and St. Louis Counties, Minnesota. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a) 825(r) and sections 799 and 801. h. *Applicant Contact:* Ingrid K. Johnson, Assistant General Council,
(218)723-3956 or Brian J. McManus, Jones Day,
(202)879-5452). i. *FERC Contact:* Any questions on this notice should be addressed to Ms. Rebecca Martin at
(202)502-6012, or e-mail address: *Rebecca.martin@ferc.gov* . j. *Deadline for filing comments and or motions:* January 10, 2005. 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-2360-144) 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 e-filings. k. *Description of Request:* ALLETE is requesting an amendment to its license to reflect the terms and conditions of the Settlement Agreement reached by the licensee with the Fond du Lac Band of Lake Superior Chippewa and the United States Department of the Interior. l. *Location of the Application:* This filing is available for review at the Commission in the Public Reference Room 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 “e-library” 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. 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. Copies 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. E4-3654 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ES05-14-000] Aquila, Inc.; Notice of Filing December 9, 2004. Take notice that on December 3, 2004, Aquila, Inc. submitted an application pursuant to section 204 of the Federal Power Act seeking authorization to issue up to $330 million of long-term, unsecured debt in the form of borrowings under two existing credit facilities. Any person desiring to intervene or to protest this filing must file 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 notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. eastern time on December 27, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-3664 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Intent To File Application for a Small Conduit Exemption From Licensing December 9, 2004. Take notice that the following notice of intent has been filed with the Commission and is available for public inspection: a. *Type of Filing:* Notice of intent to file an application for a small conduit exemption from licensing. b. *Project No:* 1005-000. c. *Date Filed: * August 30, 2004. d. *Submitted by:* City of Boulder. e. *Name of Project:* Boulder Canyon. f. *Location:* The project is located on Boulder Creek, in Boulder County near the City of Boulder, Colorado. The project occupies about 36 acres of U.S. Forest Service lands within the Roosevelt National Forest. g. *Filed Pursuant to:* Section 15 of the Federal Power Act, 18 CFR 16.6. h. *Effective Date of Current License:* April 1, 1962. i. *Expiration Date of Current License:* August 31, 2009. j. *Project Description:* The project encompasses Barker Dam and Reservoir, the Barker Gravity Line, Kossler Dams and Reservoir (forebay), Kossler Pipeline and Boulder Creek Delivery Pipeline (penstock), and Boulder Canyon plant and associated switchgear. The powerhouse contains two impulse wheels connected to two generators with a total plant rating of 20 megawatts. k. Pursuant to Section 16.19 of the Commission's regulations, the licensee is required to make available the information described in Section 16.7 of the regulations. Such information is available from the Director of Public Works for Utilities for City of Boulder at 1739 Broadway, Boulder, CO, 80306-0471, 303-441-3266. l. *FERC Contact:* James Hunter, 202-502-6086. m. The licensee states its unequivocal intent to submit an application for a small conduit exemption from licensing for Project No. 1005. Pursuant to 18 CFR 16.9(b)(1) each application for a new license and any competing license applications must be filed with the Commission at least 24 months prior to the expiration of the existing license. All applications for license for this project must be filed by August 31, 2007. Existing licensees intending to file exemption applications are subject to the same provisions applicable to applicants for new license regarding notices of intent, access, consultation, application filing deadlines, providing of information, and Commission processing of the applications. *See* 18 CFR 16.12(d) and 16.22(d). No decision on a conduit exemption will be made prior to the opportunity for filing, and consideration of, any competing license application. n. A copy of 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 to access the document excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or TTY 202-502-8659. A copy is also available for inspection and reproduction at the address in item h above. o. 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 assistance, contact FERC Online Support as shown in the paragraph above. Magalie R. Salas, Secretary. [FR Doc. E4-3652 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-431-001] Equitrans, L.P.; Notice of Compliance Filing December 9, 2004. Take notice that on December 3, 2004, Equitrans, L.P. (Equitrans) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, Second Revised Sheet No. 310, with an effective date of October 1, 2004. Equitrans states that the filing is being made in compliance with the Commission's order issued on August 20, 2004. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing 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. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E4-3660 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP99-518-066] Gas Transmission Northwest Corporation; Notice of Negotiated Rate December 9, 2004. Take notice that on November 30, 2004, Gas Transmission Northwest Corporation
(GTN)tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1-A, Fifteenth Revised Sheet No. 15, to become effective December 1, 2004. GTN states that this sheet is being filed to reflect the continuation of a negotiated rate agreement pursuant to evergreen provisions contained in the agreement. GTN further states that a copy of this filing has been served on GTN's jurisdictional customers and interested State regulatory agencies. Any person desiring to intervene or to protest this filing must file 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 notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E4-3651 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP02-362-008] Gas Transmission Northwest Corporation; Notice of Compliance Filing December 9, 2004. Take notice that, on November 30, 2004, Gas Transmission Northwest Corporation
(GTN)tendered for filing a compliance filing pursuant to the Commission's November 3, 2004 Order on Remand in Docket No. RP02-362-006. GTN states that copies of the filing were served on parties on the official service list in the above-captioned proceeding. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing 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. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E4-3657 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP02-361-043] Gulfstream Natural Gas System, L.L.C.; Notice of Negotiated Rate December 9, 2004. Take notice that on November 30, 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. 8.01k, reflecting an effective date of December 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. 8.01k 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. 8.01k 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 intervene or to protest this filing must file 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 notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E4-3656 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 4914] International Paper Company; Notice of Authorization for Continued Project Operation December 8, 2004. On November 20, 2002, International Paper Company, licensee for the De Pere Project No. 4914, filed an application for a new or subsequent license pursuant to the Federal Power Act
(FPA)and the Commission's regulations. Project No. 4914 is located on the Fox River in Brown County, Wisconsin. The license for Project No. 4914 was issued for a period ending November 30, 2004. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), requires the Commission, at the expiration of a license term, to issue from year to year an annual license to the then licensee under the terms and conditions of the prior license until a new license is issued, or the project is otherwise disposed of as provided in section 15 or any other applicable section of the FPA. If the project's prior license waived the applicability of section 15 of the FPA, then, based on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth at 18 CFR 16.21(a), if the licensee of such project has filed an application for a subsequent license, the licensee may continue to operate the project in accordance with the terms and conditions of the license after the minor or minor part license expires, until the Commission acts on its application. If the licensee of such a project has not filed an application for a subsequent license, then it may be required, pursuant to 18 CFR 16.21(b), to continue project operations until the Commission issues someone else a license for the project or otherwise orders disposition of the project. If the project is subject to section 15 of the FPA, notice is hereby given that an annual license for Project No. 4914 is issued to International Paper Company for a period effective December 1, 2004 through November 30, 2005, or until the issuance of a new license for the project or other disposition under the FPA, whichever comes first. If issuance of a new license (or other disposition) does not take place on or before December 1, 2005, notice is hereby given that, pursuant to 18 CFR 16.18(c), an annual license under Section 15(a)(1) of the FPA is renewed automatically without further order or notice by the Commission, unless the Commission orders otherwise. If the project is not subject to section 15 of the FPA, notice is hereby given that International Paper Company is authorized to continue operation of the De Pere Project No. 4914 until such time as the Commission acts on its application for subsequent license. Magalie R. Salas, Secretary. [FR Doc. E4-3671 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-360-002] Maritimes & Northeast Pipeline, L.L.C.; Notice of Motion To Place Suspended Rates Into Effect December 9, 2004. Take notice that on December 1, 2004, Maritimes & Northeast Pipeline, L.L.C. (Maritimes) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, the revised tariff sheets as listed on Appendix A to the filing, to become effective January 1, 2005. Maritimes states that the purpose of this filing is to move the Docket No. RP04-360 suspended rates into effect on January 1, 2005, in accordance with the Commission's regulations at 18 CFR 154.206(a). Maritimes states that copies of its filing have been served upon all affected customers of Maritimes, interested State commissions and all parties on the Commission's Official Service List in this proceeding. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing 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. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “e-Subscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E4-3659 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-34-000] Natural Gas Pipeline Company of America; Notice of Application December 8, 2004. Take notice that on December 6, 2004, Natural Gas Pipeline Company of America (Natural), 747 East 22nd Street, Lombard, Illinois 60148, filed in the above referenced docket an application pursuant to sections 7(b) and 7(c) of the Natural Gas Act
(NGA)and Subpart A of Part 157 of the Federal Energy Regulatory Commission's (Commission) Regulations for authorization:
(i)To construct and operate a new 1,775 horsepower
(hp)compressor unit and a new 3,550 hp compressor unit at Natural's Compressor Station No. 155 at Chico in Wise County, Texas (Station 155);
(ii)to construct and operate a new 5,551 hp compressor unit at Natural's Compressor Station No. 801 at Ratliff City in Carter County, Oklahoma (Station 801); and
(iii)to abandon three 660 hp compressor units and a 2,000 hp compressor unit at Station 155, 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, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at
(866)208-3676, or TTY, contact
(202)502-8659. Natural states that the proposed project will provide 20,000 Dth/d of additional transportation capacity in its Segment No. 1, which starts in Wise County, Texas, with gas flowing north through Station 155 to the end point at Station 801 in Carter County, Oklahoma and 51,000 Dth/d of additional transportation capacity in its A/G Line, which runs east and south from Carter County, Oklahoma to Cass County, Texas, at a cost of approximately $20.7 million. Any questions concerning the application should be directed to Bruce H. Newsome, Vice President, Natural Gas Pipeline Company of America, 747 East 22nd Street, Lombard, Illinois 60148-5072, or call
(630)691-3526. 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:* December 29, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-3670 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-32-000] Northwest Pipeline Corporation; Notice of Application for Certificate of Public Convenience and Necessity and Approval for Abandonment December 8, 2004. Take notice that on November 29, 2004, Northwest Pipeline Corporation (Northwest), 295 Chipeta Way, Salt Lake City, Utah 84158 filed with the Federal Energy Regulatory Commission an application under section 7 of the Natural Gas Act
(NGA)and Part 157 of the Commission's regulations for its “Capacity Replacement Project”, located in western Washington, requesting the Commission to grant:
(i)Permission and approval to abandon approximately 268 miles of 26-inch pipeline and related facilities between Sumas and Washougal, Washington (Sumas-Washougal corridor); and
(ii)a certificate of public convenience and necessity authorizing Northwest to construct and operate approximately 79.5 miles of 36-inch pipeline to partially loop Northwest's 30-inch pipeline in the Sumas-Washougal corridor, 10,760
(ISO)net horsepower of additional compression at the existing Chehalis and Washougal compressor stations, and related facilities, to replace most of the approximately 360 MDth/d of Sumas-Washougal corridor capacity attributable to the 26-inch pipeline. In addition, Northwest seeks authority to abandon a portion of the capacity along the corridor that Northwest states is not needed at this time. Northwest states that it developed its Capacity Replacement Project in response to an amended Corrective Action Order
(CAO)issued by the Office of Pipeline Safety (OPS), which requires Northwest to permanently abandon its 26-inch pipeline in the Sumas-Washougal corridor, and install replacement facilities as necessary to meet future capacity requirements. Northwest states that the estimated total cost of the proposed Capacity Replacement Project is approximately $333.1 million. The application is on file with the Commission and open to public inspection. The 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. Any questions regarding these applications should be directed to Gary K. Kotter, Manager, Certificates and Tariffs—3F3, Northwest Pipeline Corporation, P.O. Box 58900, Salt Lake City, Utah 84158-0900. Telephone:
(801)584-7117, Fax:
(801)584-7764. On May 12, 2004 the Commission staff granted Northwest's request to utilize the National Environmental Policy Act
(NEPA)Pre-Filing Process and assigned Docket No. PF04-10-000 to staff activities involving Northwest. Now, as of the filing of Northwest's applications on November 29, 2004, the NEPA Pre-Filing Process for those projects has ended. From this time forward, Northwest's proceeding will be conducted in Docket Nos. CP05-32-000, as noted in the caption of this Notice. 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 listed below, 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 this filing and all subsequent filings made with the Commission and must mail a copy of all filings 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, other persons do 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 this project provide copies of their protests only to the party or parties directly involved in the protest. Persons may also wish to comment further only on the environmental review of this project. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of environmental documents issued by the Commission, and will be notified of meetings associated with the Commission's environmental review process. Those persons, organizations, and agencies who submitted comments during the NEPA Pre-Filing Process in Docket No. PF04-10-000 are already on the Commission staff's environmental mailing list for the proceeding in the above dockets and may file additional comments on or before the below listed comment date. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, environmental commenters are also not parties to the proceeding and will not receive copies of all documents filed by other parties or non-environmental documents issued by the Commission. Further, they will not have the right to seek court review of any final order by Commission in this proceeding. 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:* December 29, 2004. Magalie R. Salas, Secretary. [FR Doc. E4-3672 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP99-513-035] Questar Pipeline Company; Notice of Negotiated Rates December 9, 2004. Take notice that on December 1, 2004, Questar Pipeline Company (Questar) tendered for filing as part of its FERC Gas Tariff, First Revised Volume No. 1, Thirty-sixth Revised Sheet No. 7, and Seventh Revised Sheet No. 7A, with an effective date of February 1, 2005. Questar states that it submitted its negotiated-rate filing in accordance with the Commission's Policy Statement in Docket Nos. RM95-6-000 and RM96-7-000 issued January 31, 1996. Questar states that a copy of this filing has been served upon all parties to this proceeding, Questar's customers, the Public Service Commission of Utah and the Public Service Commission of Wyoming. Any person desiring to intervene or to protest this filing must file 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 notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E4-3663 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-276-002] Southern Star Central Gas Pipeline, Inc.; Notice of Compliance Filing December 9, 2004. Take notice that on November 30, 2004, Southern Star Central Gas Pipeline, Inc. (Southern Star) tendered for filing actual test period data, ending October 31, 2004, as an update Southern Star's current rate case, Docket No. RP04-276. Southern states that this filing is being made in compliance with 18 CFR Section 154.311 in accordance with the corrected procedural schedule issued on August 10, 2004 by the Administrative Law Judge. Southern Star states that it will provide copies of these updates to those parties specifically requesting them. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing 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. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “e-Subscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E4-3658 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Errata Notice December 3, 2004. Symbiotics, LLC: Project No. 11978-002 Symbiotics, LLC: Project No. 12037-001 Prosser Creek Hydro, LLC: Project No. 12191-001 McCloud Hydro, LLC: Project No. 12195-001 Gillham Hydro, LLC: Project No. 12226-001 Nimrod Hydro, LLC: Project No. 12237-001 San Jacinto Hydro, LLC: Project No. 12242-001 Spavinaw Hydro, LLC: Project No. 12243-001 Great Salt Plains, LLC: Project No. 12263-001 Wappapello Hydro, LLC: Project No. 12268-001 GV Montgomery Hydro, LLC: Project No. 12277-001 KR 6 Hydro, LLC: Project No. 12278-001 Wilkins Hydro, LLC: Project No. 12281-001 Huntington Hydro, LLC: Project No. 12294-001 Rough River Hydro, LLC: Project No. 12364-002 Coralville Hydro, LLC: Project No. 12417-001 On December 1, 2004, the Commission issued a “Notice of Surrender of Preliminary Permits” on December 1, 2004, in the above-referenced docket numbers. This Errata Notice corrects the project number for Gillham Hydro, to read: Project No. 12226-001. This correction is reflected in the caption above. Magalie R. Salas, Secretary. [FR Doc. E4-3666 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP99-480-013] Texas Eastern Transmission, LP; Notice of Compliance Filing December 9, 2004. Take notice that on December 3, 2004, Texas Eastern Transmission, LP (Texas Eastern) submitted a compliance filing pursuant to a Commission order issued on November 3, 2004, in Docket Nos. RP99-480-010 and RP99-480-011. *Texas Eastern Transmission* , LP, 109 FERC ¶ 61,145 (2004). Texas Eastern states that copies of the filing were served upon all affected customers of Texas Eastern and interested State commissions, as well as upon all parties on the Commission's official service list in this proceeding. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing 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. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E4-3662 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-117-000] Transcontinental Gas Pipe Line Corporation; Notice of Proposed Changes in FERC Gas Tariff December 9, 2004. Take notice that on December 6, 2004, Transcontinental Gas Pipe Line Corporation (Transco) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, Twenty-eighth Revised Sheet No. 28, to become effective December 1, 2004. The proposed changes would reflect a decrease in the Rate Schedule S-2 Injection Charge from $0.0388 to $0.0375 and Withdrawal Charge from $0.0591 to $0.0541. Transco states that copies of the filing are being mailed to affected customers and interested State Commissions. Any person desiring to intervene or to protest this filing must file 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 notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E4-3661 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Settlement Agreement, Applications and Applicant-Prepared EAS Accepted for Filing, Soliciting Motions To Intervene and Protests, and Soliciting Comments, and Final Recommendations, Terms and Conditions, and Prescriptions December 9, 2004. Take notice that the following hydroelectric applications and applicant-prepared environmental assessments and settlement agreement have been filed with the Commission and are available for public inspection. a. *Type of Applications:* New major license and settlement agreement. b. *Project Nos.:* 2071-013; 2111-018; 2213-011; and 935-053. c. *Dates Filed:* May 5, 1999 (2071-013); April 28, 2004 (other projects); and December 2 and 3, 2004 (settlement agreement). d. *Applicants:* PacifiCorp (Project Nos. 2071, 2111, & 935) and Public Utility District No. 1 of Cowlitz County (Project No. 2213). e. *Name of Projects:* Yale Hydroelectric Project (2071); Swift No. 1 Hydroelectric Project (2111); Swift No. 2 Hydroelectric Project (2213); and Merwin Hydroelectric Project (935). f. *Location:* On the North Fork Lewis River, in Cowlitz, Clark, and Skamania County Washington. The Yale and Merwin Projects occupy 84 and 142.15 acres, respectively, of Federal land administered by the Bureau of Land Management. The Swift No. 1 Project occupies 63.25 acres of Federal land administered by the Bureau of Land Management and 229.00 acres of Federal lands administered by the U.S. Forest Service. The Swift No. 2 Project occupies 3.79 acres of Federal land owned by the U.S. Forest Service. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791 (a)-825(r) and Rule 602 of the Commission's Rules of Practice and Procedure, 18 CFR 385.602. h. *Applicant Contacts:* Yale, Swift No. 1, and Merwin Projects: Frank C. Shrier, Lead Project Manager, Hydro Licensing, PacifiCorp 825 NE. Multnomah Street, Suite 1500, Portland, Oregon 97232; Telephone
(503)813-6622. Swift No. 2 Project: Diana MacDonald, Public Utility District No. 1 of Cowlitz County P.O. Box 3007, 961 12th Avenue Longview, Washington 98632; Telephone
(360)577-7585; e-mail— *dmacdonald@cowlitzpud.org.* i. *FERC Contact:* Jon Cofrancesco at
(202)502-8951; or e-mail at *jon.cofrancesco@ferc.gov.* j. Deadline for filing comments on the settlement and motions to intervene, protests, comments, and final recommendations, terms and conditions, and prescriptions on the relicensing proceeding is 60 days from the issuance of this notice; reply comments are due 105 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervener 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. Motions to intervene and protests, comments, recommendations, terms and conditions, and prescriptions may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. k. These applications have been accepted for filing. l. *The Project Descriptions:* The Yale Project consists of:
(1)A 1,500-foot-long embankment dam known as Yale Dam, and an adjacent 1, 600-foot-long, earth-fill structure known as Saddle Dam;
(2)a 10.5-mile-long reservoir with a surface area of 3,800 acres;
(3)a concrete, chute-type spillway;
(4)a 1,530-foot-long diversion tunnel;
(5)two penstocks;
(6)a powerhouse located downstream of Yale Dam, containing two generating units with a combined capacity of 134 megawatts (MW);
(7)a 11.5-mile-long, 115-kilovolt transmission line; and
(8)appurtenant facilities. The Swift No. 1 Project consists of:
(1)A 2,100-foot-long earth fill dam;
(2)a reservoir with a surface area of 4,680 acres at the normal maximum operating elevation (1,000 feet mean sea level);
(3)a 3,000-foot-long diversion tunnel;
(4)an intake structure;
(5)three individual penstocks;
(6)a surge tank;
(7)a powerhouse, containing three 80-MW, generating units, having a total installed capacity of 240 MW;
(8)a 1,800-foot-long, gated spillway and discharge channel; and
(9)appurtenant facilities. The Swift No. 2 Project consists of:
(1)A 3.2-mile-long power canal consisting of both concrete and earth embankment sections and having a surface area of 53 acres;
(2)a 1,100-foot-long concrete lined forebay;
(3)an 82-foot-long check structure;
(4)a 537 foot-long side channel spillway/wasteway,
(5)a 90 foot-high intake structure with two vertical gates:
(6)two 250-foot-long steel lined penstocks;
(7)a powerhouse, containing two 35-MW generating units, having a total installed capacity of 70 MW;
(8)a 0.9-mile-long, 230-kilovolt transmission line; and
(9)appurtenant facilities. The Merwin Project consists of:
(1)A 728-foot-long concrete radius arch dam;
(2)a reservoir with a surface area of 4,040 acres at the normal maximum operating level (239.6 feet mean sea level);
(3)a 1,462-foot-long diversion tunnel;
(4)an intake structure;
(5)three 150-foot-long penstocks;
(6)a powerhouse, containing three 45-MW and one 1-MW generating units, having a total installed capacity of 136 MW;
(8)a gated spillway; and
(9)appurtenant facilities. m. PacifiCorp and Public Utility District No. 1 of Cowlitz County each filed identical settlement agreements on December 2 and 3, 2004, respectively, on behalf of themselves, and twenty parties to resolve, among the signatories, issues related to the pending applications for new major licenses for the Yale, Swift No. 1, Swift No. 2, and Merwin Hydroelectric Projects. The settlement includes measures for fish passage, instream flow, fish hatcheries, aquatic habitat, wildlife habitat, recreation, cultural resources, flood management, socioeconomics, monitoring and evaluation, and coordination among the parties. The parties request the Commission accept the relevant provisions of the settlement agreement in its license orders without material modification. n. Copies of the applications and settlement are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. Copies are also available for inspection and reproduction at the addresses in item h above. o. 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. All filings must
(1)bear in all capital letters the title “PROTEST”, “MOTION TO INTERVENE”, “COMMENTS,” “REPLY COMMENTS,” “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “PRESCRIPTIONS;”
(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;
(3)furnish the name, address, and telephone number of the person protesting or intervening; and
(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010. 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 assistance, contact FERC Online Support. Magalie R. Salas, Secretary. [FR Doc. E4-3653 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 7321-018] Erie Boulevard Hydropower, L.P.; Notice of Application Tendered for Filing With the Commission, Soliciting Additional Study Requests, and Establishing Procedural Schedule for Relicensing and a Deadline for Submission of Final Amendments December 3, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* Subsequent License. b. *Project No.:* 7321-018. c. *Date Filed:* November 26, 2004. d. *Applicant:* Erie Boulevard Hydropower, L.P. e. *Name of Project:* Macomb Project. f. *Location:* On the Salmon River in Franklin County, near Malone, New York. The project does not occupy Federal lands. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791 (a)-825(r). h. *Applicant Contact:* Jerry L. Sabattis, Erie Boulevard Hydropower, L.P., 225 Greenfield Parkway, Suite 201, Liverpool, NY 13088,
(315)413-2787. i. *FERC Contact:* John Smith,
(202)502-8972 or *john.smith@ferc.gov.* j. *Cooperating Agencies:* We are asking Federal, State, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues to cooperate with us in the preparation of the environmental document. Agencies who would like to request cooperating status should follow the instructions for filing comments described in item l below. k. Pursuant to (4.32(b)(7) of 18 CFR of the Commission's regulations, if any resource agency, Indian Tribe, or person believes that an additional scientific study should be conducted in order to form an adequate factual basis for a complete analysis of the application on its merit, the resource agency, Indian Tribe, or person must file a request for a study with the Commission not later than 60 days from the date of filing of the application, and serve a copy of the request on the applicant. l. Deadline for filing additional study requests and requests for cooperating agency status: January 24, 2005. 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. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Additional study requests and requests for cooperating agency status may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “eFiling” link. m. This application is not ready for environmental analysis at this time. n. The existing Macomb Project consists of:
(1)A 106-foot-long, 32-foot-high concrete gravity overflow-type dam having a spillway crest elevation of 570.7 feet above mean sea level;
(2)a 38-foot-long, 25-foot-high intake structure along each bank;
(3)a 6-foot-diameter, 60-foot-long, riveted-steel, gated waste tube along each bank;
(4)a 14-acre reservoir with a net storage capacity of 14 acre-feet at the spillway crest elevation;
(5)a 6.5-foot-diameter, 60-foot-long, riveted-steel, concrete-encased, gated pipeline along the left (south) bank;
(6)a powerhouse containing one 1,000-kilowatt horizontal Francis turbine;
(7)a 370-foot-long, 34.5-kilovolt transmission line; and
(8)appurtenant facilities. The applicant estimates that the total average annual generation would be 5,660 megawatthours. o. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. p. With this notice, we are initiating consultation with the New York State Historic Preservation Officer (SHPO), as required by Section 106, National Historic Preservation Act, and the regulations of the Advisory Council on Historic Preservation, 36 CFR 800.4. q. Procedural schedule and final amendments: The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule will be made as appropriate. Issue Acceptance or Deficiency Letter—January 2005 Issue Scoping Document—February 2005 Notice of application is ready for environmental analysis—May 2005 Notice of the availability of the EA—November 2005 Ready for Commission's decision on the application—December 2005 Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice of ready for environmental analysis. Magalie R. Salas, Secretary. [FR Doc. E4-3665 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Settlement Agreement and Soliciting Comments December 3, 2004. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* Settlement Agreement on New License Application. b. *Project No.:* 2150-033. c. *Date Filed:* November 30, 2004. d. *Applicant:* Puget Sound Energy. e. *Name of Project:* Baker River Project. f. *Location:* On the Baker River, near the Town of Concrete, in Whatcom and Skagit Counties, Washington. The project occupies about 5,207 acres of lands within the Mt. Baker-Snoqualmie National Forest managed by the U.S. Forest Service. g. *Filed Pursuant to:* Rule 602 of the Commission's Rules of Practice and Procedure, 18 CFR 385.602. h. *Applicant Contact:* Connie Freeland, Puget Sound Energy, P.O. Box 97034 PSE-09S Bellevue, WA 98009-9734;
(425)462-3556 or *connie.freeland@pse.com.* i. *FERC Contact:* Steve Hocking, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426;
(202)502-8753 or *steve.hocking@ferc.gov.* j. *Deadline for filing comments:* December 23, 2004. Reply comments: January 3, 2005. All documents (original and eight copies) must be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please put the project name “Baker River Project” and project number “P-2150-033” on the first page of all documents. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Comments may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site *http://www.ferc.gov* under the “e-Filing” link. k. The Baker River Project has two developments. The Upper Baker development consists of the following existing facilities:
(1)A 312-foot-high by 1,200-foot-long concrete gravity dam impounding Baker Lake with a surface area of about 4,980 acres at a normal full pool elevation of 727.77 feet mean sea level (msl);
(2)a 122-foot-long, 59-foot wide concrete and steel powerhouse at the base of the dam containing two turbine-generator units, Unit No. 1 with an authorized capacity of 52,400 kilowatts
(kW)and Unit No. 2 with an authorized capacity of 38,300 kW;
(3)a 115-foot-high by 1,200-foot-long earth and rock-fill dam, known as West Pass dike, located in a depression about 1,500 feet north of Upper Baker dam;
(4)a 22-foot-high by 3,000-foot-long earth-filled dike, known as Pumping Pond dike, which impounds Depression Lake with a surface area of 44 acres at a normal full pool elevation of 699 feet msl;
(5)a water recovery pumping station adjacent to Pumping Pond;
(6)fish passage facilities and fish spawning facilities; and
(7)appurtenant facilities. The Lower Baker development consists of the following existing facilities:
(1)A 285-foot-high by 550-foot-long concrete thick arch dam impounding Lake Shannon with a surface area of about 2,278 acres at a normal full pool elevation of 442.35 feet msl;
(2)a concrete intake equipped with trashracks and gatehouse located at the dam's left abutment;
(3)a 1,410-foot-long concrete and steel-lined pressure tunnel;
(4)a concrete surge tank near the downstream end of the pressure tunnel;
(5)a 90-foot-long, 66-foot-wide concrete and steel powerhouse containing one turbine-generator unit, Unit No. 3 with an authorized capacity of 79,330 kW;
(6)a 750-foot-long, 115-kilovolt transmission line;
(7)fish passage facilities including a 150-foot-long by 12-foot-high barrier dam; and
(8)appurtenant facilities. l. A copy of the settlement agreement is available for review in the Commission's Public Reference Room or may be viewed on the Commission's Web site *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1
(866)208-3676, or for TTY,
(202)502-8659. A copy is also available for inspection and reproduction at the address in item “h” above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. Magalie R. Salas, Secretary. [FR Doc. E4-3667 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER03-1102-003, ER03-1102-004, EL05-14-000] California Independent System Operator Corporation; Notice of Technical Conference December 3, 2004. Take notice that a technical conference will be held on Wednesday, January 12, 2005, and Thursday, January 13, 2005, beginning at 9 a.m. (e.s.t.), in Room 3M-2B at the offices of the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Pursuant to the Commission's October 28, 2004, Order, 1 the technical conference will afford the parties an opportunity to discuss the California Independent System Operator Corporation's (CAISO) proposed “self-certification” process and any party's alternate proposal on how best to achieve the CAISO's objective based upon the presentation of proposals at the technical conference. All proposals must be submitted within 30 days of the date of this notice. Parties must be prepared to discuss their proposals at the technical conference. 1 *California Indep. Sys. Operator Corp.,* 109 FERC ¶ 61,087 at P 52 (2004). All interested persons and staff are permitted to attend. Magalie R. Salas, Secretary. [FR Doc. E4-3668 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM98-1-000] Records Governing Off-the Record Communications; Public Notice December 8, 2004. This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of exempt and prohibited off-the-record communications. Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive an exempt or prohibited off-the-record communication relevant to the merits of a contested on-the-record proceeding, to deliver a copy of the communication, if written, or a summary of the substance of any oral communication, to the Secretary. Prohibited communications will be included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010. Exempt off-the-record communications will be included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v). The following is a list of exempt communications recently received in the Office of the Secretary. The communications listed are grouped by docket numbers. These filings are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the eLibrary (FERRIS) link. Enter the docket number excluding the last three digits in the docket number field to access the document. For Assistance, please contact FERC, Online Support at *FERCOnlineSupport@ferc.gov* or toll free at
(866)208-3676, or for TTY, contact
(202)502-8659. Exempt: Docket number Date filed Presenter or requester 1. CP04-36-000 11-19-04 Honorable Edward M. Kennedy. CP04-41-000 Honorable John F. Kerry. 2. CP04-413-000 11-29-04 Marti Morgan. CP04-414-000 CP04-415-000 Magalie R. Salas, Secretary. [FR Doc. E4-3669 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM04-7-000] Market-Based Rates for Public Utilities; Notice Inviting Comments December 9, 2004. On December 7, 2004, the Commission Staff held a technical conference to discuss issues associated with the above-captioned rulemaking proceeding on market-based rates. All interested persons are invited to file written comments no later than January 10, 2005 in relation to the issues that were the subject of the technical conference. Filing Requirements for Paper and Electronic Filings Comments, papers, or other documents related to this proceeding may be filed in paper format or electronically. The Commission strongly encourages electronic filings. Those filing electronically do not need to make a paper filing. Documents filed electronically via the Internet must be prepared in MS Word, Portable Document Format, or ASCII format. To file the document, access the Commission's Web site at *http://www.ferc.gov* , click on “e-Filing” and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgement to the sender's e-mail address upon receipt of comments. User assistance for electronic filing is available at 202-502-8258 or by e-mail to *efiling@ferc.gov* . Do not submit comments to this e-mail address. For paper filings, the original and 14 copies of the comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and should refer to the above-referenced docket number. All written comments will be placed in the Commission's public files and will be available for inspection at the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426, during regular business hours. Magalie R. Salas, Secretary. [FR Doc. E4-3655 Filed 12-14-04; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OPP-2004-0340; FRL-7689-8] Disulfoton (Di-Syston 15G); Notice of Receipt of Request to Voluntarily Terminate Certain Uses AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of a request by the registrant to voluntarily terminate the following uses of the 15% granular formulation of disulfoton (DiSyston 15G): Beans, Brussels sprouts, cabbage, cauliflower, cotton, peanuts, peppers, radish grown for seed, and clover grown for seed. The registrant will retain use of Di-Syston 15G on Fraser fir Christmas trees in North Carolina and coffee trees in Puerto Rico, provided that it is used with a new closed system applicator. DiSyston 15G is not the last disulfoton product registered for agricultural use in the United States. The registrant will retain the registration of DiSyston 8E, the liquid emulsifiable concentrate, which must also be used with closed systems. However, EPA intends to grant this request to terminate these uses at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of this request, or unless the registrant withdraws their request within this period. Upon acceptance of this request, any sale, distribution, or use of products listed in this notice will be permitted only if such sale, distribution, or use is consistent with the terms as described in the final order. DATES: Comments, identified by docket ID number OPP-2004-0340, must be received on or before June 13, 2005. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION . FOR FURTHER INFORMATION CONTACT: Christina Scheltema, Special Review and Reregistration Division (7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)308-2201; fax number:
(703)308-8005; e-mail address: *scheltema.christina@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification
(ID)number OPP-2004-0340. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The docket telephone number is
(703)305-5805. 2. *Electronic access.* You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr/* . An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at *http://www.epa.gov/edocket/* to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I.B.1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff. C. How and to Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I.D. Do not use EPA Dockets or e-mail to submit CBI or information protected by statute. 1. *Electronically.* If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. *EPA Dockets.* Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at *http://www.epa.gov/edocket/* , and follow the online instructions for submitting comments. Once in the system, select “search,” and then key in docket ID number OPP-2004-0340. The system is an “anonymous access” system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your comment. ii. *E-mail* . Comments may be sent by e-mail to *opp-docket@epa.gov* , Attention: Docket ID Number OPP-2004-0340. In contrast to EPA's electronic public docket, EPA's e-mail system is not an “anonymous access” system. If you send an e-mail comment directly to the docket without going through EPA's electronic public docket, EPA's e-mail system automatically captures your e-mail address. E-mail addresses that are automatically captured by EPA's e-mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. *Disk or CD ROM.* You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I.C.2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. *By mail.* Send your comments to: Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001, Attention: Docket ID Number OPP-2004-0340. 3. *By hand delivery or courier.* Deliver your comments to: Public Information and Records Integrity Branch (PIRIB), Office of Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID Number OPP-2004-0340. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I.B.1. D. How Should I Submit CBI to the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e-mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI (if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT . E. What Should I Consider as I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at your estimate. 5. Provide specific examples to illustrate your concerns. 6. Offer alternatives. 7. Make sure to submit your comments by the comment period deadline identified. 8. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your response. It would also be helpful if you provided the name, date, and **Federal Register** citation related to your comments. II. Background on the Receipt of Request to Terminate Uses This notice announces receipt by EPA of a request from Bayer CropSciences to amend the product registration for DiSyston 15G to terminate most agricultural uses. In a letter dated September 30, 2004, Bayer CropSciences requested that EPA cancel all agricultural uses of DiSyston 15G except for use on Fraser firs in North Carolina and coffee trees in Puerto Rico where this product will be applied using a closed-system hand applicator. In an earlier letter dated May 20, 2004, Bayer CropSciences indicated that they would voluntarily cancel these uses rather than develop the necessary exposure monitoring data specified in the Interim Reregistration Eligibility Decision (IRED). DiSyston 15G (EPA Reg. Nos. 3125-172 and 264-723), the 15% granular formulation of disulfoton, is currently registered for use on beans, Brussels sprouts, cabbage, cauliflower, coffee trees, cotton, peanuts, peppers, radish grown for seed, clover grown for seed, and Christmas trees. These uses were determined to be eligible for reregistration in the Agency's 2002 IRED for disulfoton provided that certain conditions were met, including implementation of closed systems and development of confirmatory exposure monitoring data. Because disulfoton is an organophosphate (OP), the final reregistration eligiblity decision is pending consideration of the OP cumulative risk assessment. III. What Action is the Agency Taking? This notice announces receipt by EPA of a request from a registrant to terminate uses of disulfoton product registrations. The affected products and the registrants making the request are identified in Tables 1 and 2 of this unit. Under section 6(f)(1)(A) of FIFRA, registrants may request, at any time, that their pesticide registrations be canceled or amended to terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA requires that before acting on a request for voluntary cancellation, EPA must provide a 30-day public comment period on the request for voluntary cancellation or use termination. In addition, section 6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period on a request for voluntary cancellation or termination of any minor agricultural use before granting the request, unless: 1. The registrants request a waiver of the comment period, or 2. The Administrator determines that continued use of the pesticide would pose an unreasonable adverse effect on the environment. Unless a request is withdrawn by the registrant within 180 days of publication of this notice, or if the Agency determines that there are substantive comments that warrant further review of this request, an order will be issued amending the affected registrations. **Table 1.—Disulfoton Product Registrations with Pending Requests for Amendment** EPA Registration No. Product Name Company 3125-172 DiSyston 15G Bayer CropSciences 264-723 DiSyston 15G Bayer CropSciences Table 2 of this unit includes the name and address of record for the registrant of the products listed in Table 1 of this unit. **Table 2.—Registrant Requesting Voluntary Cancellation and/or Amendments** EPA Company No. Company Name and Address 264 (formerly 3125) Bayer CropSciences, 2 T.W. Alexander Drive, Research Triangle Park, NC 277709 IV. What is the Agency's Authority for Taking this Action? Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the **Federal Register** . Thereafter, following the public comment period, the Administrator may approve such a request. V. Procedures for Withdrawal of Request and Considerations for Reregistration of Disulfoton Registrants who choose to withdraw a request for cancellation must submit such withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT , postmarked before June 13, 2005. This written withdrawal of the request for cancellation will apply only to the applicable FIFRA section 6(f)(1) request listed in this notice. If the products(s) have been subject to a previous cancellation action, the effective date of cancellation and all other provisions of any earlier cancellation action are controlling. VI. Provisions for Disposition of Existing Stocks Existing stocks are those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. If the request for use termination is granted, the Agency intends to issue a cancellation order that will allow persons other than the registrant to continue to sell and/or use existing stocks of cancelled products until such stocks are exhausted, provided that such use is consistent with the terms of the previously approved labeling on, or that accompanied, the cancelled product. The order will specifically prohibit any use of existing stocks that is not consistent with such previously approved labeling. If, as the Agency currently intends, the final cancellation order contains the existing stocks provision just described, the order will be sent only to the affected registrants of the cancelled products. If the Agency determines that the final cancellation order should contain existing stocks provisions different than the ones just described, the Agency will publish the cancellation order in the **Federal Register** . List of Subjects Environmental protection, Pesticides and pests. Dated: December 6, 2004. Debra Edwards, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. 04-27366 Filed 12-14-04; 8:45 am]
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  • 40 CFR 1501.6
  • 40 CFR 2
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C.F.R.§ 385.2001
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C.F.R.§ 154.210
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Cite40 CFR 1501.6
Cite40 CFR 2
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