Notices. Notice

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BILLING CODE 3410-16-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP04-25-003] Texas Eastern Transmission, LP; Notice of Compliance Filing December 30, 2004. Take notice that on December 15, 2004, Texas Eastern Transmission, LP (Texas Eastern) tendered for filing further explanation regarding the calculation of its TIME Project Applicable Shrinkage Adjustment

(ASA)surcharge, initially set forth in the October 17, 2003 annual ASA filing. Texas Eastern states that the instant filing is made pursuant to the “Order On Compliance Filing,” issued by the Commission on November 23, 2004 in the captioned docket (November 23 Order, 109 FERC ¶ 61,212 (2004)). Texas Eastern states that ordering paragraph “C” of the November 23 Order directs it to provide additional explanation that supports the proposed exclusion of system ASA cost elements from the TIME Project ASA Surcharge rate. Texas Eastern states that it is including Attachment II, Schedule B of the October 17 Filing, as well as that of the 2004 ASA tracker filing, which lists the cost elements used in determining the system ASA Surcharge rate, in Appendix A to the filing. Texas Eastern states that copies of the filing have been served upon all parties on the official service list. 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 on or before the date as indicated below. 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. *Protest Date:* 5 p.m. Eastern Time on January 10, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-9 Filed 1-5-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR05-5-000] ConocoPhillips Company Complainant v. SFPP, L.P., Respondent; Notice of Complaint December 30, 2004. Take notice that on December 29, 2004, pursuant to Rule 206 of the Commission's Rules of Practice and Procedure (18 CFR 385.206) and the Procedural Rules Applicable to Oil Pipeline Proceedings (18 CFR 341.1(a)), ConocoPhillips Company (ConocoPhillips) filed a Complaint in the above-referenced proceeding. ConocoPhillips alleges that SFPP, L.P.

(SFPP)has violated and continued to violate the Interstate Commerce Act, 48 U.S.C. app. 1 *et seq.* by charging unjust and unreasonable rates for all of SFPP's jurisdictional interstate services associated with its East, West, North and Oregon Lines and its charge for drain-dry service at its Watson Station as more fully set forth in the Complaint. ConocoPhillips requests that the Commission:

(1)Examine the rates and charges of SFPP challenged in this complaint;

(2)determine that the challenged rates are unjust and unreasonable;

(3)establish just, reasonable, and nondiscriminatory rates to replace the challenged rates;

(4)order reparations and/or refunds to ConocoPhillips, including interest, for the applicable reparations and/or refund period;

(5)award ConocoPhillips reasonable attorneys' fees and costs; and

(6)order such other relief as may be appropriate. ConocoPhillips states that it has served the Complaint on SFPP. 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. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants. 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:* January 28, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-8 Filed 1-5-05; 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 December 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.:* 12551-000. c. *Date Filed:* October 12, 2004. d. *Applicant:* Mansfield Hollow Hydro. e. *Name of Project:* Mansfield Hollow Project. f. *Location:* On the Natchaug River, in Tolland County, Connecticut. The dam is administered by the U.S. Army Corps of Engineers. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Salvatore Shifrin, Mansfield Hollow Hydro, 78 Bricktop Road, Windham, CT 06280,

(860)423-3731. i. *FERC Contact:* Robert Bell,

(202)502-6062. j. *Deadline for Filing Comments, Protests, and Motions to Intervene:* 60 days from the issuance date of this notice. 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)Proposed intake,

(2)a proposed 12-foot-wide, 8-foot-high stone line canal 330 feet long,

(3)an existing powerhouse containing three generating units having a total installed capacity of 500 kilowatts,

(4)an existing 100-foot-long, 5-foot-wide, 7-foot-high concrete conduit tailrace,

(5)a proposed 275-foot-long, transmission line; and

(6)appurtenant facilities. The project would have an annual generation of 2.407 gigawatt-hours that would be sold to a local utility. 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, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or TTY, contact

(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. E5-1 Filed 1-5-05; 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 December 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.:* 12519-000. c. *Date Filed:* July 12, 2004, and supplemented on November 1, 2004. d. *Applicant:* Florida Hydro, Inc. e. *Name of Project:* Gulf Stream Energy Project. f. *Location:* On Gulf Stream in the Atlantic Ocean, near Palm Beach County, Florida. No Federal land or facilities would be used. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Michael J. Hoover, Florida Hydro, Inc., 171 Comfort Road, Palatka, FL 33177,

(386)328-2368. i. *FERC Contact:* Robert Bell,

(202)502-6062. j. *Deadline for Filing Comments, Protests, and Motions To Intervene:* 60 days from the issuance date of this notice. 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)A generation farm containing up to 8 submerged two-counter rotating fiberglass blades and integrated turbine generating units having a total installed capacity of 2 to 3 megawatts,

(2)a proposed 3-mile-long, sub marine transmission line, and

(3)appurtenant facilities. The project would have an annual generation of 17.52 gigawatt-hours that would be sold to a local utility. 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)502-8659. 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. E5-2 Filed 1-5-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Applications Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests December 30, 2004. Take notice that the following hydroelectric applications have been filed with the Commission and are available for public inspection: a. *Type of Applications:* Preliminary permit (competing). b. *Applicants, Project Numbers, and Dates Filed:* Birch Power Company filed the application for Project No. 12536-000 on September 9, 2004. Hydrodynamics, LLC filed the application for Project No. 12547-000 on September 22, 2004. c. Name of the project is Mill Coulee Lower Project. The project would be located on the Mill Coulee Canal in Cascade County, Montana. It would use the U.S. Bureau of Reclamation's existing Greenfield Irrigation District canal system. d. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. e. *Applicants Contacts:* For Birch Power Company: Mr. Ted Sorenson, Birch Power Company, 5203 South 11th Avenue E, Idaho Falls, ID 83404,

(208)522-8069. For Hydrodynamics, LLC: Mr. Roger Kirk, Hydrodynamics, LLC, P.O. Box 1136, Bozeman, MT 59771-1136,

(406)587-5086. f. *FERC Contact:* Robert Bell,

(202)502-6062. g. *Deadline for Filing Comments, Protests, and Motions to Intervene:* 60 days from the issuance date of this notice. 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. h. *Description of Projects:* The project proposed by Birch Power Company would use the irrigation Canal system owned by the Greenfield Irrigation District and operate in a run-of-river mode and would consist of:

(1)A Diversion structure, crest elevation of 3,893 feet, on the Mill Coulee Canal,

(2)a proposed 480-foot-long, 54-inch-diameter penstock,

(3)a proposed powerhouse containing one generating unit with a total installed capacity of 370 kilowatts,

(4)a proposed 1/4 -mile-long, 69-KV transmission line; and

(5)appurtenant facilities. The Birch Power Company project would have an average annual generation of 1.6 gigawatt-hours. The project proposed by Hydrodynamics, LLC would use the irrigation Canal system owned by the Greenfield Irrigation District and operate in a run-of-river mode and would consist of

(1)a Diversion structure, crest elevation of 3,893 feet, on the Mill Coulee Canal,

(2)a proposed 480-foot-long, 54-inch-diameter penstock,

(3)a proposed powerhouse containing one generating unit with a total installed capacity of 370 kilowatts,

(4)a proposed 1/4 -mile-long, 69-KV transmission line; and

(5)appurtenant facilities. The Hydrodynamics, LLC project would have an average annual generation of 1.6 gigawatt-hours. i. *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)502-8659. A copy is also available for inspection and reproduction at the address in item h. above. j. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. k. *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. l. *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. m. *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. n. *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. o. *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. p. *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. q. *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. E5-3 Filed 1-5-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Applications Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests December 30, 2004. Take notice that the following hydroelectric applications have been filed with the Commission and are available for public inspection: a. *Type of Applications:* Preliminary permit (competing). b. *Applicants, Project Numbers, and Dates Filed:* Birch Power Company filed the application for Project No. 12537-000 on September 9, 2004. Hydrodynamics, LLC filed the application for Project No. 12546-000 on September 22, 2004. c. Name of the project is Mill Coulee Upper Project. The project would be located on the Mill Coulee Canal in Cascade County, Montana. It would use the U.S. Bureau of Reclamation's existing Greenfield Irrigation District canal system. d. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. e. *Applicants Contacts:* For Birch Power Company: Mr. Ted Sorenson, Birch Power Company, 5203 South 11th Avenue E, Idaho Falls, ID 83404,

(208)522-8069. For Hydrodynamics, LLC: Mr. Roger Kirk, Hydrodynamics, LLC, P.O. Box 1136, Bozeman, MT 59771-1136,

(406)587-5086. f. *FERC Contact:* Robert Bell,

(1)A Diversion structure, crest elevation of 4,010 feet, on the Mill Coulee Canal,

(2)a proposed 800-foot-long, 54-inch-diameter penstock,

(3)a proposed powerhouse containing one generating unit with a total installed capacity of 1 megawatts,

(4)a proposed 3/4 -mile-long, 69-KV transmission line, and

(5)appurtenant facilities. The Birch Power Company project would have an average annual generation of 4.4 gigawatt-hours. The project proposed by Hydrodynamics, LLC would use the irrigation Canal system owned by the Greenfield Irrigation District and operate in a run-of-river mode and would consist of:

(1)A Diversion structure, crest elevation of 4,010 feet, on the Mill Coulee Canal,

(2)a proposed 800-foot-long, 54-inch-diameter penstock,

(3)a proposed powerhouse containing one generating unit with a total installed capacity of 1 megawatts,

(4)a proposed 3/4 -mile-long, 69-KV transmission line, and

(5)appurtenant facilities. The Hydrodynamics, LLC project would have an average annual generation of 4.4 gigawatt-hours. i. *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)502-8659. A copy is also available for inspection and reproduction at the address in item h. above. j. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. k. *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. l. *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. m. *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. n. *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. o. *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. p. *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. q. *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. E5-4 Filed 1-5-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Applications Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests December 30, 2004. Take notice that the following hydroelectric applications have been filed with the Commission and are available for public inspection: a. *Type of Applications:* Preliminary permit (competing). b. *Applicants, Project Numbers, and Dates Filed:* Birch Power Company filed the application for Project No. 12539-000 on September 10, 2004. Hydrodynamics, LLC filed the application for Project No. 12543-000 on September 22, 2004. c. Name of the project is Lower Turnbull Project. The project would be located on the Spring Valley Canal in Teton County, Montana. It would use the U.S. Bureau of Reclamation's existing Greenfield Irrigation District canal system. d. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. e. *Applicants Contacts:* For Birch Power Company: Mr. Ted Sorenson, Birch Power Company, 5203 South 11th Avenue E, Idaho Falls, ID 83404,

(208)522-8069. For Hydrodynamics, LLC: Mr. Roger Kirk, Hydrodynamics, LLC, P.O. Box 1136, Bozeman, MT 59771-1136,

(406)587-5086. f. *FERC Contact:* Robert Bell,

(1)A proposed Diversion structure, crest elevation of 4,219 feet, on the Spring Valley Canal,

(2)a proposed 2500-foot-long, 8-foot-diameter penstock,

(3)a proposed powerhouse containing one generating unit with a total installed capacity of 6 megawatts,

(4)a proposed 2-mile-long, 69-KV transmission line, and

(5)appurtenant facilities. The Birch Power Company project would have an average annual generation of 25 gigawatt-hours. The project proposed by Hydrodynamics, LLC would use the irrigation Canal system owned by the Greenfield Irrigation District and operate in a run-of-river mode and would consist of:

(1)A proposed Diversion structure, crest elevation of 4,219 feet, on the Spring Valley Canal,

(2)a proposed 2500-foot-long, 8-foot-diameter penstock,

(3)a proposed powerhouse containing one generating unit with a total installed capacity of 6 megawatts,

(4)a proposed 2-mile-long transmission line, and

(5)appurtenant facilities. The Hydrodynamics, LLC project would have an average annual generation of 23.7 gigawatt-hours. i. *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)502-8659. A copy is also available for inspection and reproduction at the address in item h. above. j. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. k. *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. l. *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. m. *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. n. *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. o. *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. p. *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. q. *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. E5-5 Filed 1-5-05; 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 December 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.:* 12540-000, 12542-000, 12544-000, 12545-000, 12548-000, and 12549-000. c. *Date Filed:* September 22, 2004. d. *Applicant:* Hydrodynamic, LLC. e. *Name of Project:* Woods, Upper Turnbull, Knights, Johnson, Greenfield, and A-Drop Projects. f. *Location:* All of these projects would be located on the U.S. Bureau of Reclamation's existing Greenfield Irrigation District canal system, using irrigation diversions from the Sun River below Gibson Dam, at the canal and drop structure identified in item K below, in Teton and Cascade Counties, Montana. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Roger Kirk, Hydrodynamics, LLC, P.O. Box 1136, Bozeman, MT 59771-1136,

(406)587-5086. i. *FERC Contact:* Robert Bell,

(202)502-6062. 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-12540-000, P-12542-000, P-12544-000, P-12545-000, P-12548-000, or P-12549-000) on any comments, protest, or motions filed. k. *Description of Project:* The name of each project identifies the drop structure at which it would be located. All of the described works are proposed:

(1)The Woods Project No. 12540 would consist of a diversion structure, crest elevation 3,972 feet, on the Greenfield Main Canal, a 750-foot-long, 8-foot Diameter penstock, a powerhouse containing one generating unit having an installed capacity 1.25 megawatts, a tailrace returning flows to the canal at elevation 3,919 feet, and a 0.1-mile-long, 69-KV transmission line and appurtenant facilities. The applicant estimates the project would have an average annual generation of 4.7 gigawatt-hours.

(2)The Upper Turnbull Project No. 12542 would consist of a diversion structure, crest elevation 4,322 feet, on the Spring Valley Canal, a 1400-foot-long, 8-foot Diameter penstock, a powerhouse containing one generating unit having an installed capacity 1.25 megawatts, a tailrace returning flows to the canal at elevation 3,818 feet, and a 1/4 -mile-long, 69-KV transmission line and appurtenant facilities. The applicant estimates the project would have an average annual generation of 16.2 gigawatt-hours.

(3)The Knights Project No. 12544 would consist of a diversion structure, crest elevation 3,878 feet, on the Greenfield Main Canal, a 1200-foot-long, 8-foot Diameter penstock, a powerhouse containing one generating unit having an installed capacity 4 megawatts, a tailrace returning flows to the canal at elevation 4,220 feet, and a 2-mile-long, 12-KV transmission line and appurtenant facilities. The applicant estimates the project would have an average annual generation of 3.4 gigawatt-hours.

(4)The Johnson Project No. 12545 would consist of a diversion structure, crest elevation 4,018 feet, on the Greenfield South Canal, a 900-foot-long, 8-foot Diameter penstock, a powerhouse containing one generating unit having an installed capacity 1 megawatts, a tailrace returning flows to the canal at elevation 3,972 feet, and a 1/3 -mile-long, 69-KV transmission line and appurtenant facilities. The applicant estimates the project would have an average annual generation of 3.4 gigawatt-hours.

(5)The Greenfield Project No. 12548 would consist of a diversion structure, crest elevation 3,918 feet, on the Greenfield Main Canal, a 650-foot-long, 7-foot Diameter penstock, a powerhouse containing one generating unit having an installed capacity 0.8 megawatts, a tailrace returning flows to the canal at elevation 3,880 feet, and a 0.1-mile-long, 12-KV transmission line and appurtenant facilities. The applicant estimates the project would have an average annual generation of 2.8 gigawatt-hours.

(6)The A-Drop Project No. 12549 would consist of a diversion structure, crest elevation 4,054 feet, on the Greenfield Main Canal, a 570-foot-long, 8-foot Diameter penstock, a powerhouse containing one generating unit having an installed capacity 1.25 megawatts, a tailrace returning flows to the canal at elevation 4,020 feet, and a 0.05-mile-long, 12-KV transmission line and appurtenant facilities. The applicant estimates the project would have an average annual generation of 4.9 gigawatt-hours. 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, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or TTY, contact

(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 “efiling” link. 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. E5-6 Filed 1-5-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Applications Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests December 30, 2004. Take notice that the following hydroelectric applications have been filed with the Commission and are available for public inspection: a. *Type of Applications:* Preliminary permit (competing). b. *Applicants, Project Numbers, and Dates Filed:* Hydrodynamics, LLC filed the application for Project No. 12541-000 on September 22, 2004. Birch Power Company filed the application for Project No. 12550-000 on September 29, 2004. c. Name of the project is Mary Taylor Project. The project would be located on the Greenfield Main Canal in Teton County, Montana. It would use the U.S. Bureau of Reclamation's existing Greenfield Irrigation District canal system. d. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. e. *Applicants Contacts:* For Hydrodynamics, LLC: Mr. Roger Kirk, Hydrodynamics, LLC, P.O. Box 1136, Bozeman, MT 59771-1136,

(406)587-5086. For Birch Power Company: Mr. Ted Sorenson, Birch Power Company, 5203 South 11th Avenue E, Idaho Falls, ID 83404,

(208)522-8069. f. *FERC Contact:* Robert Bell,

(202)502-6062. g. *Deadline for Filing Comments, Protests, and Motions to Intervene:* 60 days from the issuance date of this notice. 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. h. *Description of Projects:* The project proposed by Hydrodynamics, LLC would use the irrigation Canal system owned by the Greenfield Irrigation District and operate in a run-of-river mode and would consist of:

(1)An existing Diversion structure, crest elevation of 4,019 feet, on the Greenfield Main Canal,

(2)a proposed 630-foot-long, 8-foot-diameter penstock,

(3)a proposed powerhouse containing one generating unit with a total installed capacity of 1.25 megawatts,

(4)a proposed 1/3 -mile-long transmission line, and

(5)appurtenant facilities. The Hydrodynamics, LLC project would have an average annual generation of 5 gigawatt-hours. The project proposed by Birch Power Company would use the irrigation Canal system owned by the Greenfield Irrigation District and operate in a run-of-river mode and would consist of:

(1)A proposed Diversion structure, crest elevation of 4,219 feet, on the Spring Valley Canal,

(2)a proposed 2500-foot-long, 8-foot-diameter penstock,

(3)a proposed powerhouse containing one generating unit with a total installed capacity of 6 megawatts,

(4)a proposed 1/4 -mile-long, 12.47-KV transmission line; and

(5)appurtenant facilities. The Birch Power Company project would have an average annual generation of 6.6 gigawatt-hours. i. *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)502-8659. A copy is also available for inspection and reproduction at the address in item h. above. j. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. k. *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. l. *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. m. *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. n. *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. o. *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. p. *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. q. *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. E5-7 Filed 1-5-05; 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 December 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.:* 12553-000. c. *Date Filed:* October 22, 2004. d. *Applicant:* NatEl America. e. *Name of Project:* Mississippi River Lock and Dam No. 4 Project. f. *Location:* On the Mississippi River, in Calhoun County, Illinois and Pike County, Missouri. The Mississippi River Lock and Dam No.4 is administered by the U.S. Army Corps of Engineers. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Daniel Schneider, NatEl America, 331 W. FM 407, Justin, TX 76247,

(817)488-7436. i. *FERC Contact:* Robert Bell,

(1)16 proposed 70-foot-long, 60-foot-wide, 20-foot-high rectangular penstocks,

(2)a proposed powerhouse containing 16 generating units having a total installed capacity of 56 megawatts,

(3)16 proposed 120-foot-long, 60-foot-wide, 20-foot high rectangular tailraces,

(4)a proposed transmission line, and

(5)appurtenant facilities. The project would have an annual generation of 400 gigawatt-hours that would be sold to a local utility. 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)502-8659. 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. E5-10 Filed 1-5-05; 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 December 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.:* 12555-000. c. *Date Filed:* November 1, 2004. d. *Applicant:* Mahoning Creek Hydroelectric Company, LLC. e. *Name of Project:* Mahoning Creek Project. f. *Location:* On Mahoning Creek, in Armstrong County, Pennsylvania. The dam is administered by the U.S. Army Corps of Engineers. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Clifford Phillip, Mahoning Creek Hydroelectric Company, LLC, 150 North Miller Road, Suite 450C, Fairlawn, OH 44333,

(330)869-8451. i. *FERC Contact:* Robert Bell,

(1)Proposed intake,

(2)a proposed 280-foot-long, 7.5-foot-diameter pentstock,

(3)an existing powerhouse containing two generating units having a total installed capacity of 2 megawatts,

(4)an existing 100-foot-long, 5-foot wide, 7-foot-high concrete conduit tailrace,

(5)a proposed 400-foot-long, 14.y kilovolt transmission line, and

(6)appurtenant facilities. The project would have an annual generation of 10.5 gigawatt-hours that would be sold to a local utility. 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)502-8659. 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. E5-11 Filed 1-5-05; 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 December 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.:* 12557-000. c. *Date Filed:* November 12, 2004. d. *Applicant:* SBER Royal Mills, LLC. e. *Name of Project:* Royal Mills Project. f. *Location:* On the South Branch Pawtuxet River, in Kent County, Rhode Island. No federal land or facilities would be used. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Paul V. Nolan, 5515 North 17th Street, Arlington, VA 22205,

(703)534-5509. i. *FERC Contact:* Robert Bell,

(1)An existing 1100-foot-long, 21-foot-high granite block gravity dam,

(2)an existing reservoir having a surface area of 3.8 acres with a storage capacity of 15.2 acre-feet and a maximum water surface elevation of 79.1 feet National Geographic Vertical Datum,

(3)an existing power canal intake,

(4)an existing 150-foot-long, 40-foot-wide power canal,

(5)three proposed 66-inch diameter riveted steel penstocks 80, 110, and 120 feet long,

(6)an existing powerhouse containing three proposed generating units having a total installed capacity of 200 kilowatts,

(7)an existing 280-foot-long, 40-foot wide tailrace,

(8)a proposed 660-foot-long, 23 kilovolt underground transmission line; and

(9)appurtenant facilities. The project would have an annual generation of 1.071 gigawatt-hours that would be sold to a local utility. 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)502-8659. 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. E5-12 Filed 1-5-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests December 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.:* 12558-000. c. *Date Filed:* November 17, 2004. d. *Applicant:* Choctaw County, Alabama. e. *Name of Project:* Coffeeville Project. f. *Location:* The proposed project would be located at the U.S. Army Corps of Engineer's (Corps) Coffeeville Lock and Dam, on the Tombigbee River in Choctaw County, Alabama. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. §§ 791(a)-825(r). h. *Applicant Contacts:* Janis Millett, Baker, Donaldson, Bearman, Caldwell, & Berkowitz, PC, Lincoln Square, 555 Eleventh Street, NW., Sixth Floor, Washington, DC 20004, phone

(202)508-3415. i. *FERC Contact:* Mr. Robert Bell,

(202)502-6062. j. *Deadline for Filing Motions To Intervene, Protests and Comments:* 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. 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 electronic filings. Please include the project number (P-12558-000) on any comments 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. *Competing Application:* Project No. 12523-000, Date Filed: July 20, 2004, Date Issued: September 23, 2004, Due Date: November 22, 2004. l. *Description of Project:* The run-of-river project proposes to use the Corp's existing Coffeeville Lock and Dam would consist of:

(1)Retrofit the tainter gates for power generation with eight generating units with a total installed capacity of 20 MW,

(2)a proposed transmission line, and

(3)appurtenant facilities. The project would have an annual generation of 100 GWh. m. *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)502-8659. A copy is also available for inspection and reproduction at the address in item h. above. n. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. o. *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. p. *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. q. *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. r. *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. s. *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. t. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “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. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in 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 the “e-Filing” link. The Commission strongly encourages electronic filings. u. *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. E5-13 Filed 1-5-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests December 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.:* 12561-000. c. *Date Filed:* November 19, 2004. d. *Applicant:* Town of Trenton, NY. e. *Name of Project:* Delta Dam Project. f. *Location:* The proposed project would be located at Delta Dam, on the Mohawk River in Oneida County, New York. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. §§ 791(a)-825(r). h. *Applicant Contacts:* Mr. Mark Scheidelman, Town of Trenton, NY, P.O. Box 206, Barneveld, NY 13304. i. *FERC Contact:* Mr. Robert Bell,

(202)502-6062. j. *Deadline for Filing Motions To Intervene, Protests and Comments:* 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. 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 electronic filings. Please include the project number (P-12561-000) on any comments 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. *Competing Application:* Project No. 12529-000, Date Filed: August 13, 2004, Date Issued: September 23, 2004, Due Date: November 22, 2004. l. *Description of Project:* The proposed Delta Dam would consist of:

(1)The existing 1,016-foot-long, 76-foot-high Delta dam,

(2)an existing impoundment having a surface are of 2,700 acres and a storage capacity of 63,200 acre-feet and normal water surface elevation of 550 feet mean sea level,

(3)a proposed 70-foot-long penstock,

(4)a proposed powerhouse containing a generating unit with an installed capacity of 2.1 megawatts,

(5)a proposed 500-foot-long, 13.2 kilovolt transmission line, and

(6)appurtenant facilities. The project would have an annual generation of 11.18 GWh. m. *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)502-8659. A copy is also available for inspection and reproduction at the address in item h. above. n. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. o. *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. p. *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. q. *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. r. *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. s. *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. t. *Filing and Service of Responsive Documents* —Any filings must bear in all capital letters the title “COMMENTS”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION”, “COMPETING APPLICATION”, “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. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Federal Energy Regulatory Commission, at the above-mentioned address. A copy of any notice of intent, competing application or motion to intervene must also be served upon each representative of the Applicant specified in 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 the “e-Filing” link. The Commission strongly encourages electronic filings. u. *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. E5-14 Filed 1-5-05; 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 December 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.:* 12562-000. c. *Date Filed:* November 29, 2004. d. *Applicant:* Warmsprings Irrigation District. e. *Name of Project:* Warmsprings Dam Project. f. *Location:* On the Malheur River, in Malheur County, Oregon. Would utilize the existing U.S. Bureau of Reclamation's Warmsprings Dam. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Dave Castleberry, Manager, Warmsprings Irrigation District, 334 Main Street North, Vale, OR 97918,

(541)473-3951 and Mr. Brent L. Smith, President, Northwest Power Services, Inc., P.O. Box 535, Rigby, ID 83442,

(208)745-0834. i. *FERC Contact:* Robert Bell,

(1)A proposed intake structure;

(2)a proposed 100-foot-long, 60-inch-diameter steel penstock;

(3)a proposed powerhouse containing a generating unit having an installed capacity of 2.2 MW;

(4)a proposed 6-mile-long, 15-kV transmission line; and

(5)appurtenant facilities. The project would have an annual generation of 6.6 GWh that would be sold to a local utility. 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)502-8659. 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. E5-15 Filed 1-5-05; 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 December 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.:* 12552-000. c. *Date Filed:* October 12, 2004. d. *Applicant:* Marseilles Land and Water Company. e. *Name of Project:* MLWC Project. f. *Location:* On the Illinois River, in La Salle County, Illinois. The Marseilles Lock and Dam is administered by the U.S. Army Corps of Engineers. This project is for additional capacity to the already licensed Marseilles Project FERC No. 12020 to the Marseilles Hydro Power, LLC. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Lee W. Mueller, President, Marseilles Land and Water Company, 4132 S. Rainbow Blvd., #247, Las Vegas, NV 89103,

(702)367-7302. i. *FERC Contact:* Robert Bell,

(1)two existing intake canals:

(a)the 3,100-foot long, north Channel 200 feet wide at intake narrowing to 80 feet wide where it becomes the north headrace at intersection with Main Street,

(b)the south channel 110 feet wide at the intake narrowing to 50 feet as it becomes the south headrace,

(2)a proposed powerhouse containing two generating units having a total installed capacity of 6.4 megawatts,

(3)a proposed 400-foot-long, 34 kilovolt transmission line, and

(4)appurtenant facilities. The project would have an annual generation of 28.2 gigawatt-hours that would be sold to a local utility. 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)502-8659. 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. E5-16 Filed 1-5-05; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OPP-2004-0405; FRL-7692-2] FIFRA Scientific Advisory Panel; Notice of Public Meeting AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: There will be a 4-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review a set of four major issues associated with the N-methyl carbamate pesticide cumulative risk assessment: pilot cumulative analysis. On February 15-16, 2005, the FIFRA SAP will meet to review issues associated with hazard assessment and pharmacokinetic/pharmacodynamic modeling; and on February 17-18, 2005, to review ground water models and drinking water exposure assessment and the integration of hazard and exposure information. DATES: The meeting will be held on February 15-18, 2005, from 8:30 a.m. to approximately 5 p.m., eastern time. *Comments* : For the deadlines for the submission of requests to present oral comments and the submission of written comments, see Unit I.E. of the SUPPLEMENTARY INFORMATION. *Nominations:* Nominations of scientific experts to serve as ad hoc members of the FIFRA SAP for this meeting should be provided on or before January 18, 2005. *Special seating.* Requests for special seating arrangements should be made at least 5 business days prior to the meeting. ADDRESSES: The meeting will be held at the Holiday Inn, Reagan National Airport, 2650 Jefferson Davis Highway, Arlington, VA 22202. The telephone number for the Holiday Inn - Reagan National Airport is

(703)684-7200. *Comments.* Written comments may be submitted electronically (preferred), through hand delivery/courier, or by mail. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION. *Nominations, requests to present oral comments, and special seating* . To submit nominations for ad hoc members of the FIFRA SAP for this meeting, requests for special seating arrangements, or requests to present oral comments, notify the Designated Federal Official

(DFO)listed under FOR FURTHER INFORMATION CONTACT . To ensure proper receipt by EPA, your request must identify docket ID number OPP-2004-0405 in the subject line on the first page of your request. FOR FURTHER INFORMATION CONTACT: Myrta R. Christian for the hazard assessment and pharmacokinetic/pharmocodynamic modeling sessions and Joseph E. Bailey for the drinking water exposure assessment and the integration of hazard and exposure assessment sessions. DFOs, Office of Science Coordination and Policy (7201M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:

(202)564-8450; fax number:

(202)564-8382; e-mail addresses: *christian.myrta@epa.gov* or *bailey.joseph@epa.gov.* SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. This action may, however, be of interest to persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug, and Cosmetic Act (FFDCA), FIFRA, and the Food Quality Protection Act of 1996 (FQPA). Since other entities may also 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 DFOs 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 ID number OPP-2004-0405. 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/.* EPA's position paper, charge/questions to FIFRA SAP, FIFRA SAP composition (i.e., members and consultants for this meeting) and the meeting agenda will be available as soon as possible, but no later than (early February 2005). In addition, the Agency may provide additional background documents as the materials become available. You may obtain electronic copies of these documents, and certain other related documents that might be available electronically, from the FIFRA SAP Internet Home Page at *http://www.epa.gov/scipoly/sap.* 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 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 on 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 in hard copy 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 (preferred), through hand delivery/courier, or by mail. 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. 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-2004-0405. 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-2004-0405. 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 deliver as described in Unit I.C.2 or mail to the address provided in Unit I.C.3. 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 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-2004-0405. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I.B.1. 3. *By mail* . Due to potential delays in EPA's receipt and processing of mail, respondents are strongly encouraged to submit comments either electronically or by hand delivery or courier. We cannot guarantee that comments sent via mail will be received prior to the close of the comment period. If mailed, please 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-2004-0405. D. 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 copies of any technical information and/or data you used that support your views. 4. Provide specific examples to illustrate your concerns. 5. Make sure to submit your comments by the deadline in this document. 6. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and **Federal Register** citation. E. How May I Participate in this Meeting? You may participate in this meeting by following the instructions in this unit. To ensure proper receipt by EPA, it is imperative that you identify docket ID number OPP-2004-0405 in the subject line on the first page of your request. 1. *Oral comments* . Oral comments presented at the meetings should not be repetitive of previously submitted oral or written comments. Although, requests to present oral comments are accepted until the date of the meeting (unless otherwise stated), to the extent that time permits, interested persons may be permitted by the Chair of FIFRA SAP to present oral comments at the meeting. Each individual or group wishing to make brief oral comments to FIFRA SAP is strongly advised to submit their request to the appropriate DFO listed under FOR FURTHER INFORMATION CONTACT no later than noon, eastern time, February 8, 2005, in order to be included on the meeting agenda. The request should identify the name of the individual making the presentation, the organization (if any) the individual will represent, and any requirements for audiovisual equipment (e.g., overhead projector, 35 mm projector, chalkboard). Oral comments before FIFRA SAP are limited to approximately 5 minutes unless prior arrangements have been made. In addition, each speaker should bring 30 copies of his or her comments and presentation slides for distribution to FIFRA SAP at the meeting. 2. *Written comments* . Although, submission of written comments are accepted until the date of the meeting (unless otherwise stated), the Agency encourages that written comments be submitted, using the instructions in Unit I.C., no later than noon, eastern time, February 1, 2005, to provide FIFRA SAP the time necessary to consider and review the written comments. The DFOs listed under FOR FURTHER INFORMATION CONTACT should be notified that comments have been submitted to the docket or a courtesy copy of the comments should be provided to the DFOs. There is no limit on the extent of written comments for consideration by FIFRA SAP. 3. *Seating at the meeting* . Seating at the meeting will be on a first-come basis. Individuals requiring special accommodations at this meeting, including wheelchair access and assistance for the hearing impaired, should contact the appropriate DFO at least 5 business days prior to the meeting using the information under FOR FURTHER INFORMATION CONTACT so that appropriate arrangements can be made. 4. *Request for nominations of prospective candidates for service as ad hoc members of the FIFRA SAP for this meeting* . As part of a broader process for developing a pool of candidates for each meeting, the FIFRA SAP staff routinely solicit the stakeholder community for nominations of prospective candidates for service as ad hoc members of the FIFRA SAP. Any interested person or organization may nominate qualified individuals to be considered as prospective candidates for a specific meeting. Individuals nominated for this meeting should have expertise in one or more of the following areas: Pharmacokinetic/pharmacodynamic modeling, toxicology and risk assessment, hazard assessment, exposure assessment (particularly drinking water), ground water modeling/monitoring and integration of hazard and exposure. Nominees should be scientists who have sufficient professional qualifications, including training and experience, to be capable of providing expert comments on the scientific issues for this meeting. Nominees should be identified by name, occupation, position, address, and telephone number. Nominations should be provided to the appropriate DFO listed under FOR FURTHER INFORMATION CONTACT on or before January 18, 2005. The Agency will consider all nominations of prospective candidates for this meeting that are received on or before this date. However, final selection of ad hoc members for this meeting is a discretionary function of the Agency. The selection of scientists to serve on the FIFRA SAP is based on the function of the panel and the expertise needed to address the Agency's charge to the panel. No interested scientists shall be ineligible to serve by reason of their membership on any other advisory committee to a Federal department or agency or their employment by a Federal department or agency (except the EPA). Other factors considered during the selection process include availability of the potential panel member to fully participate in the panel's reviews, absence of any conflicts of interest or appearance of lack of impartiality, independence with respect to the matters under review, and lack of bias. Though financial conflicts of interest, the appearance of lack of impartiality, lack of independence, and bias may result in disqualification, the absence of such concerns does not assure that a candidate will be selected to serve on the FIFRA SAP. Numerous qualified candidates are identified for each panel. Therefore, selection decisions involve carefully weighing a number of factors including the candidates' areas of expertise and professional qualifications and achieving an overall balance of different scientific perspectives on the panel. In order to have the collective breadth of experience needed to address the Agency's charge for this meeting, the Agency anticipates selecting approximately 12 ad hoc scientists. If a prospective candidate for service on the FIFRA SAP is considered for participation in a particular session, the candidate is subject to the provisions of 5 CFR part 2634, Executive Branch Financial Disclosure, as supplemented by EPA in 5 CFR part 6401. As such, the FIFRA SAP candidate is required to submit a Confidential Financial Disclosure Form for Special Government Employees Serving on Federal Advisory Committees at EPA Form 3110-48 [5-02]) which shall fully disclose, among other financial interests, the candidate's employment, stocks, and bonds, and where applicable, sources of research support. EPA will evaluate the candidate's financial disclosure form to assess that there are no financial conflicts of interest, no appearance of lack of impartiality and no prior involvement with the development of the documents under consideration (including previous scientific peer review) before the candidate is considered further for service on the FIFRA SAP. Those who are selected from the pool of prospective candidates will be asked to attend the public meetings and to participate in the discussion of key issues and assumptions at these meetings. In addition, they will be asked to review and to help finalize the meeting minutes. The list of FIFRA SAP members participating at this meeting will be posted on the FIFRA SAP web site or may be obtained by contacting the PIRIB at the address or telephone number listed in Unit I. II. Background A. Purpose of the FIFRA SAP Amendments to FIFRA enacted November 28, 1975 (7 U.S.C. 136w(d)), include a requirement under section 25(d) of FIFRA that notices of intent to cancel or reclassify pesticide registrations pursuant to section 6(b)(2) of FIFRA, as well as proposed and final forms of regulations pursuant to section 25(a) of FIFRA, be submitted to a SAP prior to being made public or issued to a registrant. In accordance with section 25(d) of FIFRA, the FIFRA SAP is to have an opportunity to comment on the health and environmental impact of such actions. The FIFRA SAP also, shall make comments, evaluations, and recommendations for operating guidelines to improve the effectiveness and quality of analyses made by Agency scientists. Members are scientists who have sufficient professional qualifications, including training and experience, to be capable of providing expert comments as to the impact on health and the environment of regulatory actions under sections 6(b) and 25(a) of FIFRA. The Deputy Administrator appoints seven individuals to serve on the FIFRA SAP for staggered terms of 4 years, based on recommendations from the National Institutes of Health and the National Science Foundation. Section 104 of FQPA (Public Law 104-170) established the FQPA Science Review Board (SRB). These scientists shall be available to the FIFRA SAP on an ad hoc basis to assist in reviews conducted by the FIFRA SAP. B. Public Meeting The Food, Quality Protection Act of 1996 amended the Federal Insecticide, Fugicide, and Rodenticide Act and the Federal Food, Drug, and Cosmetic Act. One of the major changes is the requirement that EPA consider risk posed by pesticides acting by a common mechanism of toxicity. For such groups of pesticides, EPA's Office of Pesticide Programs

(OPP)has treated cumulative risk, under FQPA, as the risk of a common toxic effect associated with concurrent exposure by all relevant pathways and routes. EPA has determined that the group of pesticides known as the N-methyl carbamate pesticide share a common mechanism of toxicity, and should be treated as a common mechanism group. Therefore, EPA is conducting a cumulative risk assessment that will include the chemicals comprising this group. At the meeting being announced by this notice, EPA plans to discuss key issues related to development of the cumulative risk assessment for the N-methyl carbamate pesticides. Those issues are as follows: Hazard assessment, pharmacokinetic/pharmacodynamic (PBPK/PD) modeling of carbaryl, drinking water exposure assessment, and the integration of hazard and exposure information. C. Hazard assessment EPA acknowledges that there are toxicological characteristics unique to the N-methyl carbamates which need to be considered in a cumulative risk assessment for this group. Specifically, the mechanism of action for this group of pesticides is carbamylation of the acetylcholinesterase

(AChE)active site. This chemical change is reversible, allowing for relatively rapid recovery from inhibition. OPP is collaborating with laboratory scientists and statisticians from EPA's National Health and Environmental Effects Research Laboratory (NHEERL) to evaluate biological and empirical aspects of recovery. EPA expects to solicit comment from the SAP on specific issues related to dose-response modeling of AChE data, empirical estimation of time to recovery, and the impact of the laboratory method used to measure AChE inhibition on estimates of relative potency. 1. *PBPK/PD modeling for carbaryl.* OPP is collaborating with scientists from EPA's National Exposure Research Laboratory

(NERL)to develop a PBPK/PD model for carbaryl within the Exposure Related Dose Estimating Model (ERDEM) Platform (Blancato et al., 2002; Okino et al. 2004). The carbaryl model will form the basic structure of a generalized model for the N-methyl carbamates. A Quantitative Structure Activity Relationship

(QSAR)database of physicochemical descriptors and provisional PK and PD parameter values has been assembled for selected N-methyl carbamates. The completeness and representativeness of the QSAR database will influence the application of the PBPK/PD model for use in the cumulative risk assessment of the N-methyl carbamates. EPA will solicit comment from the SAP on specific aspects of the appropriate use of ERDEM for this cumulative risk assessment. 2. *Drinking water exposure assessment.* Unlike the organophosphate

(OP)cumulative risk assessment where the only anticipated exposure to OP pesticides in drinking water was expected to be from surface water sources, EPA must consider both surface water and ground water sources of drinking water for the N-methyl carbamates. OPP will solicit comment from the SAP on the use of one or more existing ground water models to provide a pilot drinking water exposure assessment for the N-methyl carbamates. OPP also expects to request feedback from the Panel on approaches for refining regional drinking water exposures in the event that such exposure from surface water and/or ground water sources contributes substantially to the cumulative exposure in one or more regions. 3. *Integration of hazard and exposure assessment.* EPA will present to the SAP a pilot cumulative analysis of food, water, and residential exposure using three different exposure models: LifeLine, CARES, and Calendex. The presentation will also include a discussion of the unique challenges related to rapid recovery from AChE inhibition posed by this group of pesticides and different approaches for considering these characteristics in the quantitative estimates of cumulative risk. EPA expects to request the panel to provide comment on potential approaches for integrating hazard and exposure for this group and specifically characterizing recovery in risk estimates. C. FIFRA SAP Meeting Minutes The FIFRA SAP will prepare meeting minutes summarizing its recommendations to the Agency in approximately 60 days after the meeting. The meeting minutes will be posted on the FIFRA SAP web site or may be obtained by contacting the PIRIB at the address or telephone number listed in Unit I. List of Subjects Environmental protection, Pesticides and pests. Dated: December 28, 2004. Joseph J. Merenda, Jr., Director, Office of Science Coordination and Policy. [FR Doc. 05-263 Filed 1-5-05; 8:45 am]

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