Notices. Notice of proposed information collection and request for comments
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/register/2005/05/25/05-10340·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [IC05-600-000, FERC-600] Commission Information Collection Activities, Proposed Collection; Comment Request; Extension May 17, 2005. AGENCY: Federal Energy Regulatory Commission, DOE. ACTION: Notice of proposed information collection and request for comments. SUMMARY: In compliance with the requirements of section 3506(c)(2)(a) of the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A), the Federal Energy Regulatory Commission (Commission) is soliciting public comment on the specific aspects of the information collection described below.
DATES: Comments on the collection of information are due by July 29, 2005. ADDRESSES: Copies of the proposed collection of information can be obtained from the Commission's Web site ( *http://www.ferc.gov/docs-filings/elibrary.asp* ) or to the Federal Energy Regulatory Commission, Attn: Michael Miller, Office of the Executive Director Officer, ED-33, 888 First Street NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those parties filing electronically do not need to make a paper filing.
For paper filings, the original and 14 copies of such comments should be submitted to the Office of the Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and should refer to Docket No. IC05-600-000. Documents filed electronically via the Internet must be prepared in WordPerfect, MS Word, Portable Document Format, or ASCII format. To file the document, access the Commission's Web site at *http://www.ferc.gov* and click on “Make an E-filing,” and then follow the instructions for each screen.
First time users will have to establish a user name and password. The Commission will send an automatic acknowledgment to the sender's E-mail address upon receipt of comments. All comments may be viewed, printed or downloaded remotely via the Internet through FERC's homepage using the eLibrary link. For user assistance, contact *FERCOnlineSupport@ferc.gov* or toll-free at
(866)208-3676. or for TTY, contact
(202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at
(202)502-8415, by fax at
(202)273-0873, and by e-mail at *michael.miller@ferc.gov.* SUPPLEMENTARY INFORMATION: The information collected under the requirements of FERC-600 “Rules of Practice and Procedures: Complaint Procedures” (OMB No. 1902-0180) is used by the Commission to implement the statutory provisions of the Federal Power Act (FPA), 16 U.S.C. 791a-825r; the Natural Gas Act (NGA), 15 U.S.C. 717-717w; the Natural Gas Policy Act (NGPA), 15 U.S.C. 3301-3432; the Public Utility Regulatory Policies Act of 1978 (PURPA), 16 U.S.C. 2601-2645; the Interstate Commerce Act, 49 U.S.C. App. § 1 *et seq.* and the Outer Continental Shelf Lands Act, 43 U.S.C. 1301-1356. With respect to the natural gas industry, section 14(a) of the NGA provides: The Commission may permit any person to file with it a statement in writing, under oath or otherwise, as it shall determine, as to any or all facts and circumstances concerning a matter which may be the subject of an investigation. For public utilities, section 205(e) of the FPA provides: Whenever any such new schedule is filed The Commission shall have the authority, either upon complaint or upon its own initiative without complaint at once, and, if it so orders, without answer or formal pleading by the public utility, but upon reasonable notice to enter upon hearing concerning the lawfulness of such rate, charge, classification, or service; and pending such hearing and the decision of the Commission.* * * Concerning hydroelectric projects, section 19 of the FPA provides: * * * it is agreed as a condition of such license that jurisdiction is hereby conferred upon the Commission, upon complaint of any person aggrieved or upon its own initiative, to exercise such regulation and control until such time as the State shall have provided a commission or other authority for such regulation and control.* * * For qualifying facilities, section 210(h)(2)(B) of PURPA provides: Any electric utility, qualifying cogenerator, or qualifying small power producer may petition the Commission to enforce the requirements of subsection
(f)as provided in subparagraph
(A)of this paragraph. Likewise for oil pipelines, Part 1 of the Interstate Commerce Act (ICA), sections 1, 6 and 15 (recodified by P.L. 95-473 and found as an appendix to Title 49 U.S.C.) the Commission is authorized to investigate the rates charged by oil pipeline companies subject to its jurisdiction. If a proposed oil rate has been filed and allowed by the Commission to go into effect without suspension and hearing, the Commission can investigate the effective rate on its own motion or by complaint filed with the Commission. Section 13 of the ICA provided that: Any person, firm, corporation, company or association, or any mercantile, agricultural, or manufacturing society or other organization, or any common carrier complaining of anything done or omitted to be done by any common carrier subject to the provisions of this chapter in contravention of the provisions thereof, may apply to the Commission by petition, which shall briefly state the facts; whereupon a statement of the complaint thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint, or to answer the same in writing, within a reasonable time, to be specified by the Commission.* * * In Order No. 602, 64 FR 17087 (April 8, 1999), the Commission revised its regulations governing complaints filed with the Commission under the above statutes. Order No. 602 was designed to encourage and support consensual resolution of complaints, and to organize the complaint procedures so that all complaints are handled in a timely and fair manner. In order to achieve the latter, the Commission revised Rule 206 of its Rules of Practice and Procedure (18 CFR 385.206) to require that a complaint satisfy certain informational requirements, that answers be filed in a shorter, 20-day time frame, and that parties may employ various types of alternative dispute resolution procedures to resolve complaints. On August 31, 1999, the Office of Management and Budget
(OMB)approved the reporting requirements in Order No. 602 for a term of three years, the maximum period permissible under the Paperwork Reduction Act before an information collection must be resubmitted for approval. As noted above, this notice seeks public comments in order to recertify the FERC-600 reporting requirements in Order No. 602. The data in complaints filed by interested/affected parties regarding oil and natural gas pipeline operations, electric and hydropower facilities in their applications for rate changes, service, and/or licensing are used by the Commission in establishing a basis for various investigations and to make an initial determination regarding the merits of the complaint. Investigations may range from whether there is undue discrimination in rates or service to questions regarding market power of regulated entities to environmental concerns. In order to make a better determination, it is important to know the specifics of any oil, gas, electric, hydropower complaint “up front” in a timely manner and in sufficient detail to allow the Commission to act swiftly. In addition, such complaint data will help the Commission and interested parties to monitor the market for exercises of market power or undue discrimination. The information filed with the Commission is voluntary but submitted with prescribed information. The Commission implements these filing requirements in the Code of Federal Regulations
(CFR)under 18 CFR Part 385, Sections 385.206 and 385.213. *Action:* The Commission is requesting a three-year extension of the current expiration date, with no changes to the existing collection of data. *Burden Statement:* Public reporting burden for this collection is estimated as: Number of respondents annually
(1)Number of responses per respondent
(2)Average burden hours per response
(3)Total annual burden hours (1)×(2)×(3) 178* 1 14 2,492 * Represents three year averages (2002-2004). *Estimated cost burden to respondents:* 2,492 hours/2,080 hours per year × $108,558 per year = $130,060. The cost per respondent is equal to $730. The reporting burden includes the total time, effort, or financial resources expended to generate, maintain, retain, disclose, or provide the information including:
(1)Reviewing instructions;
(2)developing, acquiring, installing, and utilizing technology and systems for the purposes of collecting, validating, verifying, processing, maintaining, disclosing and providing information;
(3)adjusting the existing ways to comply with any previously applicable instructions and requirements;
(4)training personnel to respond to a collection of information;
(5)searching data sources;
(6)completing and reviewing the collection of information; and
(7)transmitting, or otherwise disclosing the information. The estimate of cost for respondents is based upon salaries for professional and clerical support, as well as direct and indirect overhead costs. Direct costs include all costs directly attributable to providing this information, such as administrative costs and the cost for information technology. Indirect or overhead costs are costs incurred by an organization in support of its mission. These costs apply to activities which benefit the whole organization rather than any one particular function or activity. Comments are invited on:
(1)Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility;
(2)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)ways to enhance the quality, utility and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on those who are to respond. Magalie R. Salas, Secretary. [FR Doc. E5-2627 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-346-000] El Paso Natural Gas Company; Notice of Tariff Filing May 18, 2005. Take notice that on May 16, 2005, El Paso Natural Gas Company
(EPNG)tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1A, Sixth Revised Sheet No. 2, to become effective June 17, 2005. ENPG states that it has submitted a transportation service agreement
(TSA)for the Commission's review of a discount provision. Furthermore, the tendered tariff sheet has been revised to list this additional TSA as a non-conforming agreement. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2620 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-343-000] Florida Gas Transmission Company; Notice of Tariff Filing May 18, 2005. Take notice that on May 13, 2005, Florida Gas Transmission Company,
(FGT)tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, First Revised Sheet No. 135B, to become effective June 13, 2005. FGT states that the purpose of this filing is to remove tariff provisions implementing the Commission's CIG/Granite State discounting policy reflected in section 15j of the general terms and conditions. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of § 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible online at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2617 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-132-003] Kinder Morgan Interstate Gas Transmission LLC; Notice of Motion To File Third Revised Annual Reconciliation Report May 18, 2005. Take notice that on May 13, 2005, Kinder Morgan Interstate Gas Transmission LLC (KMIGT) tendered for filing a Motion to File a Third Revised Annual Reconciliation Report pursuant to section 35 of its general terms and conditions of its FERC Gas Tariff, Fourth Revised Volume No. 1-B. KMIGT states that it has served copies of this filing upon each person designated 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. *Comment Date:* 5 p.m. Eastern Time on May 25, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-2613 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-341-000] Midwestern Gas Transmission Company; Notice of Proposed Changes in FERC Gas Tariff May 18, 2005. Take notice that on May 13, 2005, Midwestern Gas Transmission Company (Midwestern) tendered for filing to become part of its FERC Gas Tariff, Third Revised Volume No. 1, the following tariff sheets to become effective June 12, 2005: Second Revised Sheet No. 254 Sixth Revised Sheet No. 262 Second Revised Sheet No. 255 Fourth Revised Sheet No. 262.01 Second Revised Sheet No. 256 Fourth Revised Sheet No. 263 Second Revised Sheet No. 257 Fifth Revised Sheet No. 264 Second Revised Sheet No. 258 Second Revised Sheet No. 264A Second Revised Sheet No. 259 Second Revised Sheet No. 265 First Revised Sheet No. 260 Fourth Revised Sheet No. 266B First Revised Sheet No. 261 Midwestern states that it is filing the tariff sheets to revise section 21 of its general terms and conditions in order to reflect current business practices and reorganize the subsections in a more sequential manner thereby resulting in more comprehendible tariff provisions for its customers. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible online at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2615 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-229-001] Northern Natural Gas Company; Notice of Compliance Filing May 18, 2005. Take notice that on May 16, 2005, Northern Natural Gas Company (Northern) tendered for filing to become part of its FERC Gas Tariff, Fifth Revised Volume No. 1, Substitute 71 Revised Sheet No. 53, proposed to be effective on May 1, 2005. Northern states that the above sheet is being filed in compliance with the Commission's April 29, 2005 Order in this docket, related to the rate treatment for the Waterville storage facility in Northern's market area. Northern further states that copies of the filing have been mailed to each of its customers and interested state commissions. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of § 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2614 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-344-000] Saltville Gas Storage Company L.L.C.; Notice of Negotiated Rate Agreement Filing May 18, 2005. Take notice that on May 13, 2005, Saltville Gas Storage Company L.L.C. (Saltville) tendered for filing an original and five copies of an Interruptible Storage Service Agreement with Sequent Energy Management, L.P. pursuant to Saltville's Rate Schedule ISS (the Service Agreement). Saltville states that the purpose of this filing is to implement a negotiated rate agreement for service rendered by its Saltville, Virginia gas storage facility. Saltville requests an effective date of May 15, 2005 for the Service Agreement as detailed in its filing. Saltville specifically requests waiver of the notice requirements of 18 CFR 154.207 to permit this effective date. Saltville states that copies of the filing were mailed to all affected customers of Saltville and interested state commissions. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. eastern time May 25, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-2618 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-348-000] Sea Robin Pipeline Company, LLC; Notice of Proposed Changes in FERC Tariff May 18, 2005. Take notice that on May 13, 2005, Sea Robin Pipeline Company, LLC (Sea Robin) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 2, the revised tariff sheets listed on Appendix A attached to the filing to become effective November 28, 1990, February 6, 1991, September 1, 1991, December 31, 1992, April 8, 1993, April 22, 1993 and November 28, 1993. Sea Robin states that the purpose of this filing is to comply with the Commission's Orders Approving Abandonment and cancel Volume No. 2 Rate Schedules X-3, X-4, X-5, X-19, X-22, X-23 and X-33. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov* . Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible online at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2607 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC05-73-000] Sheboygan Power, LLC and Wisconsin Power and Light Company; Notice of Filing May 17, 2005. Take notice that on May 11, 2005, Alliant Energy Corporate Services, Inc.,
(AECS)on behalf of Alliant Energy Generation, Inc., and Sheboygan Power, LLC (SPLLC), (collectively, Applicants), submitted a letter in captioned docket advising the Commission that the Public Service Commission of Wisconsin issued a verbal order on May 5, 2005, approving the leased generation agreement between SPLLC and WPL that governs the transfer for which Applicants seek approval from FERC. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. eastern time on May 23, 2005. Linda Mitry, Deputy Secretary. [FR Doc. E5-2624 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 1390-040] Southern California Edison Company; Notice Extending Deadline for Filing Reply Comments and Soliciting Additional Motions To Intervene and Protests May 18, 2005. Take notice that the due date for filing reply comments set out in the Settlement Agreement notice issued on February 11, 2005, has been extended. Reply comments are now due on June 13, 2005. This notice also provides for the submission of motions to intervene for anyone not already an intervenor in the relicensing proceeding. a. *Type of Application:* Settlement Agreement. b. *Project No.:* 1390-040. c. *Date filed:* February 4, 2005. d. *Applicant:* Southern California Edison Company. e. *Name of Project:* Lundy Project. f. *Location:* On Mill Creek in Mono County, California. The project is located partly on lands in the Inyo National Forest and on land administered by the Bureau of Land Management. g. *Filed Pursuant to:* Rule 602 of the Commission's Rules of Practice and Procedure, 18 CFR 385.602. h. *Applicant Contact:* Mr. Nino J. Mascolo, Southern California Edison Company, P.O. Box 800, 2244 Walnut Grove Avenue, Rosemead, CA 91770,
(626)302-4459. i. *FERC Contact:* John Smith, telephone
(202)502-8972, e-mail *john.smith@ferc.gov.* j. Deadline for filing reply comments and motions to intervene: June 13, 2005. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. Reply comments and motions to intervene may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “e-Filing” link. k. A copy of the Settlement Agreement is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,
(202)502-8659. A copy is also available for inspection and reproduction at the address in item h above. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. l. Anyone may submit a protest or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests 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 protests or motions to intervene must be received on or before the specified deadline date for the particular application. All filings must
(1)bear in all capital letters the title “PROTEST” or “MOTION TO INTERVENE;”
(2)set forth in the heading the name of the applicant and the project number of the application to which the filing responds;
(3)furnish the name, address, and telephone number of the person protesting or intervening; and
(4)otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. Magalie R. Salas, Secretary. [FR Doc. E5-2612 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-347-000] Trailblazer Pipeline Company; Notice of Revenue Report May 18, 2005. Take notice that on May 13, 2005, Trailblazer Pipeline Company (Trailblazer) tendered for filing its Penalty Revenue Report. Trailblazer states the purpose of this filing is to inform the Commission that Trailblazer collected no penalty revenues in the quarter ended March 31, 2005. Trailblazer states that copies of the filing are being mailed to its customers and interested state commissions. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* May 25, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-2621 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-345-000] TransColorado Gas Transmission Company; Notice of Tariff Filing May 18, 2005. Take notice that on May 13, 2005, TransColorado Gas Transmission Company (TransColorado) tendered for filing to become part of its FERC Gas Tariff, First Revised Volume No. 1, the following tariff sheets to be effective June 15, 2005: First Revised Sheet No. 233 Original Sheet No. 233.01 First Revised Sheet No. 251 TransColorado states that the purpose of this filing is to supplement TransColorado's tariff provisions as contained in section 8.4 of the general terms and conditions to provide for reservation charge adjustments in the event TransColorado fails to confirm certain nominated primary firm volumes under contract. TransColorado states that a copy of this filing has been served upon all of its customers and effected state commissions. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2619 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-342-000] Transwestern Pipeline Company, LLC; Notice of Proposed Changes in FERC Gas Tariff May 18, 2005. Take notice that on May 13, 2005, Transwestern Pipeline Company, LLC (Transwestern) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the following tariff sheets, to become effective June 13, 2005: First Revised Sheet No. 41 First Revised Sheet No. 56 Transwestern states that the purpose of this filing is to remove tariff provisions implementing the Commission's CIG/Granite State discounting policy reflected in section 3.5 of Rate Schedules FTS-1 and LFT. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2616 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER04-1174-000; ER04-1174-001; ER04-1174-002; EL05-41-000] Xcel Energy Services, Inc. and Southwest Power Pool, Inc. (Consolidated); Notice Pursuant to Section 206(B) of the Federal Power Act May 17, 2005. On December 17, 2004, pursuant to section 206 of the Federal Power Act (FPA), 1 the Commission instituted a proceeding in Docket No. EL05-41-000. *Xcel Energy Services, Inc.* , 109 FERC ¶ 61,284 (2004), *reh'g denied* , 111 FERC ¶ 61,084 (2005). The refund effective date for the proceeding instituted in Docket No. EL05-41-000 is May 20, 2005, five months after publication of notice of the institution of the proceeding in the **Federal Register** . 2 1 16 U.S.C. 824e (2000). 2 69 FR 78009 (2004). Under section 206 of the FPA, if no final decision is rendered by the refund effective date or by the conclusion of the 180-day period commencing upon initiation of a proceeding pursuant to section 206, whichever is earlier, the Commission must state why it has failed to render a final decision. In that event the Commission must also provide its best estimate as to when it reasonably expects to make such a decision. The Commission will be unable to render a final decision by the refund effective date because the proceeding is pending before a settlement judge. In a May 4, 2005 report to the Commission, the settlement judge estimated that if the proceeding does not settle, a presiding judge would issue an initial decision by June 23, 2006. The Commission will require approximately four months after briefs on and opposing exceptions to an initial decision are filed to review the record, the initial decision and the briefs, and to issue an opinion. This estimate is influenced by the issues in the proceeding, as well as the complexity of the issues. Therefore, assuming that the proceeding does not settle, the best estimate of when the Commission will reach a final decision in Docket No. EL05-41-000 is December 29, 2006. The Secretary of the Commission issues this notice pursuant to section 375.302(w) of the Commission's rules, 18 CFR 375.302(w) (2004). Magalie R. Salas, Secretary. [FR Doc. E5-2625 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Filings Thursday, May 19, 2005. Take notice that the Commission received the following electric rate filings. *Docket Numbers:* ER02-237-004; ER03-1151-004; ER95-1739-023; ER99-2984-005; ER02-2026-003; ER99-3320-003; ER03-922-004. *Applicants:* J. Aron & Company. *Description:* J. Aron & Company *et al.* submits First Revised Sheet 3 *et al.* to FERC Rate Schedule 1, which incorporates the change in status reporting requirement adopted in Order 652 under ER02-237 *et al.* *Filed Date:* 5/16/2005. *Accession Number:* 20050518-0154. *Comment Date:* 5 p.m. Eastern Time on Monday, June 6, 2005. *Docket Numbers:* ER02-600-004. *Applicants:* Delta Energy Center, LLC. *Description:* Delta Energy Center, LLC revises its market based rate schedule to incorporate the change in status reporting requirement pursuant to Order 652 under ER02-600. *Filed Date:* 5/16/2005. *Accession Number:* 20050518-0159. *Comment Date:* 5 p.m. Eastern Time on Monday, June 6, 2005. *Docket Numbers:* ER04-106-010; ER04-691-042 and EL04-104-040. *Applicants:* Midwest Independent Transmission System Operator Inc. *Description:* Midwest Independent Transmission System Operator Inc submits its compliance filing re proposed revisions to Attachment P under ER04-106 *et al.* *Filed Date:* 5/16/2005. *Accession Number:* 20050518-0152. *Comment Date:* 5 p.m. Eastern Time on Monday, June 6, 2005. *Docket Numbers:* ER04-366-003. *Applicants:* Jersey Central Power & Light Company. *Description:* FirstEnergy Service Co submits a supplement to the Market-Based Rate Power Sales Tariff of Jersey Central Power & Light Co etc. under ER04-366. *Filed Date:* 5/16/2005. *Accession Number:* 20050518-0155. *Comment Date:* 5 p.m. Eastern Time on Monday, June 6, 2005. *Docket Numbers:* ER04-372-003. *Applicants:* Metropolitan Edison Company and Pennsylvania Electric Company. *Description:* FirstEnergy Service Co submits a supplement to the Market-Based Rate Power Sales Tariff of Metropolitan Edison Co et al. to incorporate the requirement for reporting changes in status adopted by FERC under ER04-372. *Filed Date:* 5/16/2005. *Accession Number:* 20050518-0163. *Comment Date:* 5 p.m. Eastern Time on Monday, June 6, 2005. *Docket Numbers:* ER04-691-038; EL04-104-036. *Applicants:* Midwest Independent Transmission System Operator Inc. *Description:* Midwest Independent Transmission System Operator, Inc submits revisions to their Open Access Transmission and Energy Markets Tariff, FERC Electric Tariff, Third Revised Volume 1 under ER04-691 et al. *Filed Date:* 5/16/2005. *Accession Number:* 20050518-0001. *Comment Date:* 5 p.m. Eastern Time on Monday, June 6, 2005. *Docket Numbers:* ER05-541-002; ER05-542-002; ER05-543-002; ER05-544-002; ER05-545-002; ER05-546-002; ER05-547-002; ER05-548-002; ER05-549-002; ER05-550-002; ER05-551-002; ER05-552-002; ER05-553-002. *Applicants:* New England Power Company. *Description:* New England Power Co submits the corrected page designation of Substitute First Revised Service Agreement IA-NEP-14 concerning Deerfield 3 Development, originally filed on 5/4/05 under ER05-541 *et al* . *Filed Date:* 5/16/2005. *Accession Number:* 20050519-0113. *Comment Date:* 5 p.m. Eastern Time on Monday, June 6, 2005. *Docket Numbers:* ER05-764-001. *Applicants:* Montana Alberta Tie Ltd. *Description:* Report on Open Season of Montana Alberta Tie, Ltd under ER05-764. *Filed Date:* 5/16/2005. *Accession Number:* 20050518-0156. *Comment Date:* 5 p.m. Eastern Time on Monday, June 6, 2005. *Docket Numbers:* ER05-975-000. *Applicants:* FirstEnergy Generation Corp. *Description:* FirstEnergy Generation Corp submits its compliance filing to modify FERC Electric Tariff, original Volume 1 under ER05-975. *Filed Date:* 5/16/2005. *Accession Number:* 20050518-0158. *Comment Date:* 5 p.m. Eastern Time on Monday, June 6, 2005. *Docket Numbers:* ER05-976-000. *Applicants:* FirstEnergy Solutions Corp. *Description:* FirstEnergy Solutions Corp submits Original Sheet 1 et al. to FERC Electric Tariff, First Revised Volume 1, pursuant to Section 205 of the Federal Power Act under ER05-976. *Filed Date:* 5/16/2005. *Accession Number:* 20050518-0157. *Comment Date:* 5 p.m. Eastern Time on Monday, June 6, 2005. *Docket Numbers:* ER98-1150-004; EL05-87-000. *Applicants:* Tucson Electric Power Company. *Description:* Tucson Electric Power Co submits a filing in partial compliance with FERC's 4/14/05 Order and requests a 15-day extension of time to submit the balance of material required under ER98-1150 *et al.* *Filed Date:* 5/16/2005. *Accession Number:* 20050518-0160. *Comment Date:* 5 p.m. Eastern Time on Monday, June 6, 2005. *Docket Numbers:* ER99-3125-001. *Applicants:* Minergy Neenah, LLC. *Description:* Minergy Neenah, LLC submits an updated Triennial Market-Power Analysis, pursuant to FERC's July 28, 1999 Order granting exempt wholesale generator status as a condition of market-based rate authority etc. under ER99-3125. *Filed Date:* 5/16/2005. *Accession Number:* 20050518-0236. *Comment Date:* 5 p.m. Eastern Time on Monday, June 6, 2005. *Docket Numbers:* ER01-2636-003; ER00-2177-002. *Applicants:* Allete, Inc. *Description:* Allete, Inc. dba Minnesota Power and Rainy River Energy Corp submits First Revised Sheet 4 *et al.* , First Revised Volume 1 containing FERC's required provisions for the market based tariffs, in compliance with the 4/14/05 Order under ER01-2636 *et al.* *Filed Date:* 5/13/2005. *Accession Number:* 20050518-0004. *Comment Date:* 5 p.m. Eastern Time on Friday, June 3, 2005. *Docket Numbers:* ER05-970-000. *Applicants:* MGE Power West Campus, LLC. *Description:* MGE Power West Campus, LLC submits a notice of cancellation of a power purchase agreement, designated as West Campus FERC Electric Rate Schedule 1 under ER05-970. *Filed Date:* 5/13/2005. *Accession Number:* 20050517-0142. *Comment Date:* 5 p.m. Eastern Time on Friday, June 3, 2005. Any person desiring to intervene or to protest in any of the above proceedings 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) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. 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. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding (ER05- -000 docket numbers), interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov.* To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling line to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also 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. Linda Mitry, Deputy Secretary. [FR Doc. E5-2606 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-92-000] Liberty Gas Storage, L.L.C.; Notice of Intent To Prepare an Environmental Assessment for the Proposed Liberty Gas Storage Project and Request for Comments on Environmental Issues May 18, 2005. The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment
(EA)that will discuss the environmental impacts of the proposed Liberty Gas Storage Project which involves the construction and operation of facilities by Liberty Gas Storage L.L.C. (Liberty) in Calcasieu and Beauregard Parishes, Louisiana. 1 These facilities would consist of two natural gas storage caverns; four injection/withdrawal wells, two compressor stations, approximately 24.6 miles of various diameter pipelines and four meter/regulator stations. 1 Liberty's application was filed with the Commission under section 7 of the Natural Gas Act and Part 157 of the Commission's regulations. This notice announces the opening of the scoping period that will be used to gather environmental input from the public and interested agencies on the project. Please note that the scoping period will close on June 20, 2005. This notice is being sent to potentially affected landowners; federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American Tribes, other interested parties; local libraries and newspapers. State and local government representatives are asked to notify their constituents of this planned project and encourage them to comment on their areas of concern. If you are a landowner receiving this notice, you may be contacted by a Liberty representative about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The pipeline company would seek to negotiate a mutually acceptable agreement. However, if the project is approved by the Commission, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement the pipeline company could initiate condemnation proceedings in accordance with state law. A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” was attached to the project notice Liberty provided to landowners. This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings and is available for viewing on the FERC Internet Web site at *http://www.ferc.gov.* Summary of the Proposed Project According to Liberty, the purpose of the Project is to provide additional natural gas storage services to local gas distributors, power generators, pipeline shippers, gas marketers and existing and proposed liquefied natural gas
(LNG)terminals. Liberty proposes to: • Convert two existing salt dome caverns currently used for brine solution mining in Calcasieu Parish, Louisiana to natural gas storage caverns; • Convert two existing brine extraction wells into natural gas injection/withdrawal wells; • Construct two additional natural gas injection/withdrawal wells; • Construct a 1.3-mile-long 20-inch-diameter pipeline connecting the converted storage caverns to a new on-site compressor station; • Construct from the on-site compressor station a new 23.3-mile-long 30-inch-diameter pipeline that would interconnect with existing pipeline facilities in Beauregard Parish, Louisiana; • Construct a remote compressor station in Beauregard Parish; and • Construct four new meter/regulator stations along the 30-inch-diameter pipeline. The on site compressor station would have approximately 17,650 HP of natural gas fueled compression. The remote compressor station would have approximately 9,470 HP of natural gas fueled compression. The project would have a total natural gas storage capacity of approximately 23.4 billion cubic feet (Bcf). The location of the project facilities is shown in Appendix 1. 2 2 The appendices referenced to in this notice will not be printed in the **Federal Register** . Copies of all appendices with the exception of appendix 1 (maps), are available on the Commission's website via the “eLibrary” link or from the Commission's Public Reference Room, 888 First Street, NE., Washington, DC 20426, or by calling
(202)502-8371. For instructions on connecting to eLibrary refer to the last page of this notice. Copies of the appendices were sent to all those receiving this notice in the mail. Nonjurisdictional Facilities Entergy Corporation would construct, own and operate a non-jurisdictional 1.2-mile-long 7.2/12.5 kilovolt distribution line entirely within the proposed 30-inch-diameter pipeline construction right-of-way. This distribution line would connect the remote compressor station to available electrical service. Land Requirements for Construction Construction of the proposed facilities would affect approximately 341.46 acres of land. Following construction, approximately 173.34 acres of land would be maintained as new aboveground facility sites and right-of-way. The remaining 168.12 acres of land would be restored and allowed to revert to its former use. The EA Process We 3 are preparing this EA to comply with the National Environmental Policy Act
(NEPA)which requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us to discover and address concerns the public may have about proposals. This process is referred to as “scoping”. The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this Notice of Intent, the Commission staff requests public comments on the scope of the issues to address in the EA. All comments received are considered during the preparation of the EA. By this notice, we are also asking federal, state, and local agencies with jurisdiction and/or special expertise with respect to environmental issues to formally cooperate with us in the preparation of the EA. Agencies that would like to request cooperating status should follow the instructions for filing comments below. 3 “We”, “us”, and “our” refer to the environmental staff of the Office of Energy Projects (OEP). Our independent analysis of the issues will be in the EA. Depending on the comments received during the scoping process, the EA may be published and mailed to federal, state, and local agencies, public interest groups, interested individuals, affected landowners, newspapers, libraries, and the Commission's official service list for this proceeding. A comment period will be allotted for review if the EA is published. We will consider all comments on the EA before we make our recommendations to the Commission. Currently Identified Environmental Issues In the EA, we will discuss impacts that could occur as a result of the construction and operation of the project. We will also evaluate possible alternatives to the proposed project or portions of the project. We have already identified several issues that we think deserve attention based on a preliminary review of the proposed facilities and the environmental information provided by Liberty. This preliminary list of issues may be changed based on your comments and our analysis. • Endangered and threatened species: The federally endangered Red-cockaded Woodpecker and the federally threatened Bald Eagle may occur in the proposed project area. • Wetlands: Approximately 40.9 acres of wetlands (including forested, scrub-shrub, emergent and “mosaic”) would be affected during project construction and approximately 24.8 acres of wetlands would be permanently affected by project operation. • Water resources: 19 waterbodies would be crossed by the proposed 30-inch-diameter pipeline. • Land use: Two residences are located within 50 feet of the proposed 30-inch-diameter pipeline. • Soils: Approximately 20.9 acres of prime farm land would be removed from potential agricultural use. Public Participation You can make a difference by providing us with your specific comments or concerns about the project. By becoming a commentor, your concerns will be addressed in the EA and considered by the Commission. You should focus on the potential environmental effects of the proposal, alternatives to the proposal (including alternative locations/routes), and measures to avoid or lessen environmental impact. The more specific your comments, the more useful they will be. Please carefully follow these instructions to ensure that your comments are received in time and properly recorded: • Send an original and two copies of your letter to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426. • Label one copy of the comments for the attention of Gas Branch 2. • Reference Docket No. CP05-92-000. • Mail your comments so that they will be received in Washington, DC on or before June 20, 2005. Please note that we are continuing to experience delays in mail deliveries from the U.S. Postal Service. As a result, we will include all comments that we receive within a reasonable time frame in our environmental analysis of this project. However, the Commission strongly encourages electronic filing of any comments or interventions or protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link and the link to the User's Guide. Before you can file comments you will need to create a free account which can be created online. If you do not want to send comments at this time but still want to remain on our mailing list, please return the Information Request (Appendix 4). If you do not return the Information Request, you will be taken off the mailing list. Becoming an Intervenor In addition to involvement in the EA scoping process, you may want to become an official party to the proceeding known as an “intervenor.” Intervenors play a more formal role in the process. Among other things, intervenors have the right to receive copies of case-related Commission documents and filings by other intervenors. Likewise, each intervenor must send one electronic copy (using the Commission's eFiling system) or 14 paper copies of its filings to the Secretary of the Commission and must send a copy of its filings to all other parties on the Commission's service list for this proceeding. If you want to become an intervenor you must file a motion to intervene according to Rule 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.214) (see Appendix 2). 4 Only intervenors have the right to seek rehearing of the Commission's decision. 4 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically. Affected landowners and parties with environmental concerns may be granted intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which would not be adequately represented by any other parties. You do not need intervenor status to have your environmental comments considered. Environmental Mailing List An effort is being made to send this notice to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project. This includes all landowners who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within distances defined in the Commission's regulations of certain aboveground facilities. By this notice we are also asking governmental agencies, especially those in Appendix 3, to express their interest in becoming cooperating agencies for the preparation of the EA. Additional Information Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC or on the FERC Internet Web site ( *http://www.ferc.gov* ) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number excluding the last three digits in the Docket Number field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or for TTY, contact
(202)502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings. In addition, the Commission now offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries and direct links to the documents. Go to *http://www.ferc.gov/esubscribenow.htm.* Finally, public meetings or site visits will be posted on the Commission's calendar located at *http://www.ferc.gov/EventCalendar/EventsList.aspx* along with other related information. Magalie R. Salas, Secretary. [FR Doc. E5-2608 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER02-1656-000] California Independent System Operator Corporation; Notice of FERC Staff Attendance May 18, 2005. The Federal Energy Regulatory Commission (Commission) hereby gives notice that members of its staff will attend a series of stakeholder meetings on the California Independent System Operator Corporation's (CAISO) Market Redesign and Technology Upgrade proposal on the following dates: May 18-19, 2005; June 22-23, 2005; July 13-14, 2005; August 17-18, 2005; September 21-22, 2005; October 26-27, 2005. The meetings will be held at the CAISO's facility, located at 151 Blue Ravine Road, Folsom, CA 95630. Sponsored by the CAISO, the meetings are open to the public. The Commission staff's attendance is part of the Commission's ongoing outreach efforts. The meeting may discuss matters at issue in Docket No. ER02-1656-000. For further information, contact Katherine Gensler at *katherine.gensler@ferc.gov;*
(916)294-0275. Magalie R. Salas, Secretary. [FR Doc. E5-2609 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP05-132-000, PF04-15-000] Dominion Cove Point LNG, LP; Notice of Site Visit May 17, 2005. On June 1, 2005, the Office of Energy Projects
(OEP)staff will conduct a pre-certification site visit of Dominion Cove Point LNG, LP's (Dominion) proposed TL-532 pipeline loop in Calvert County, Maryland. The loop is one component of Dominion's Cove Point LNG Expansion Project proposed in Maryland, Pennsylvania and West Virginia. We will view the BGE Alternative, State Route 4 Alternative and other variations that are being considered for the planned pipeline expansion. Examination will be by automobile and on foot. Representatives of Dominion will be accompanying the OEP staff. All interested parties may attend. Those planning to attend must provide their own transportation. Those interested in attending should meet at 1 p.m.
(EDT)in the parking lot/area of the Wal-Mart Shopping Center, 150 Solomons Island Road North, Prince Frederick, Maryland. For additional information, please contact the Commission's Office of External Affairs at 1-866-208-FERC. Magalie R. Salas, Secretary. [FR Doc. E5-2629 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RM01-8-000, ER02-2001-000] Revised Public Utility Filing Requirements; Electric Quarterly Reports; Notice of Electric Quarterly Reports Users Group Meeting May 17, 2005. On April 25, 2002, the Commission issued Order No. 2001, a final rule which requires public utilities to file Electric Quarterly Reports
(EQR)Order 2001-C, issued December 18, 2002, instructed all public utilities to file these reports using Electric Quarterly Report Submission Software. This notice announces a working meeting for the EQR Users Group to be held Wednesday, June 22, 2005, at FERC headquarters, 888 First Street, NW., Washington, DC. The meeting will run from 10 a.m. to 4 p.m. (EST). At the workshop, Commission staff and EQR users will discuss recent changes in the EQR software, Commission efforts to improve the quality of filings, and the progress in developing EQR-appropriate reports at the ISOs. A detailed agenda will be issued in a later notice and will be provided on *http://www.ferc.gov* attached to the event on the calendar prior to the meeting. Documents to be discussed at the meeting will be posted on the EQR Users Group and Workshops page on FERC.gov at *http://www.ferc.gov/docs-filing/eqr/groups-workshops.asp* . All interested parties are invited to attend. There is no registration fee. For those unable to attend in person, limited access to the workshop will be available by teleconference. Those interested in participating are asked to register on the FERC Web site at *http://www.ferc.gov/whats-new/registration/eqr-06-22-form.asp* . Interested parties wishing to file comments may do so under the above-captioned Docket Numbers. Those filings will be available for review at the Commission or may be viewed on the Commission's Web site at *http://www.ferc.gov* , using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or via phone at
(866)208-3676 (toll-free). For TTY, contact
(202)502-8659. Commission conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations, please send an e-mail to *accessibility@ferc.gov* or call toll-free 866-208-3372 (voice) or 202-208-1659 (TTY), or send a FAX to 202-208-2106 with the required accommodations. For additional information, please contact Michelle Reaux of FERC's Office of Market Oversight & Investigations at
(202)502-6497 or by e-mail at *eqr@ferc.gov* . Magalie R. Salas, Secretary. [FR Doc. E5-2628 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of FERC Staff Attendance at the Florida Public Service Commission's Workshop Concerning the Proposed GridFlorida RTO May 18, 2005. The Federal Energy Regulatory Commission hereby gives notice that members of its staff may attend the workshop on May 23, 2005, to be held at 9:30 a.m.
(EST)at the Florida Public Service Commission, Hearing Room 148, 2540 Shumard Oak Blvd., Tallahassee, FL 32399-0850. The workshop is being held for ICF Consulting Resources, LLC to present and discuss the results of its cost benefit study of the proposed GridFlorida Regional Transmission Organization (RTO). The discussion may address matters at issue in Docket No. RT01-67-003. The meeting is open to the public. For more information, contact Robert T. Machuga, Office of Markets, Tariffs and Rates, Federal Energy Regulatory Commission at
(202)502-6004 or *robert.machuga@ferc.gov.* Magalie R. Salas, Secretary. [FR Doc. E5-2611 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ER05-134-001, ER05-134-002, and EL05-91-000] ISO New England Inc.; Notice of Technical Conference May 18, 2005 . Take notice that the Commission will convene a technical conference on Thursday, June 9, 2005, at 9 a.m. (EST), at the offices of the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 in conference room 3M-2A. The purpose of the conference is to explore the issues raised, gain an understanding of the facts, and obtain additional information about the positions of the parties regarding Schedule 3 of the ISO New England Inc.'s Tariff for Transmission Dispatch and Power Administration Services, through which it collects its administrative costs for providing Reliability Administration Service (RAS). The Commission directed its staff to convene this technical conference in an April 19, 2005 Order. 1 Issues the participants will be asked to address include but are not limited to: 1 *ISO New England Inc.,* 111 FERC ¶ 61,096 (2005).
(1)What is the rationale underlying the assignment of RAS costs based on load obligation? How well does the current cost allocation match the costs of the RAS with the benefits received from the service? How many and what type of market participants ( *e.g.* , financial marketers, generators, etc.) are negatively affected by the current rate design?
(2)What is the rationale for assigning RAS costs as proposed under the alternative cost allocation? How well does the alternative cost allocation match the costs of the RAS with the benefits received from the service? Explain why exports should be treated differently from all other load obligations?
(3)Quantify the impact that the asserted “seam” caused by the current RAS rate design has had (and would have) on cross-border transactions? Assess the overall impact of both rate designs on the liquidity and efficiency of New England markets.
(4)Are the rate designs used by NYISO and PJM for similar reliability services the same as the alternative rate design proposed here? If not, how do they differ and what effect would the differences have on the costs assessed for a participant with the same load profile obligation in each of the RTO/ISOs? Would seams still exist if the alternative rate design were adopted by ISO-NE? FERC conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an e-mail to *accessibility@ferc.gov* or call toll free
(866)208-3372 (voice) or 202-208-01659 (TTY), or send a FAX to 202-208-2106 with the required accommodations. All interested persons are permitted to attend. There will be no transcript of the conference. For further information please contact Elizabeth Arnold at
(202)502-8818 or e-mail *elizabeth.arnold@ferc.gov.* Magalie R. Salas, Secretary. [FR Doc. E5-2610 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No RM93-11-000] Revisions to Oil Pipeline Regulations Pursuant to the Energy Policy Act of 1992; Notice of Annual Change in the Producer Price Index for Finished Goods May 17, 2005. The Commission's regulations include a methodology for oil pipelines to change their rates through use of an index system that establishes ceiling levels for such rates. The Commission bases the index system, found at 18 CFR 342.3, on the annual change in the Producer Price Index for Finished Goods (PPI-FG). This rule now provides that pipelines should use PPI-FG as the oil pricing index factor, 18 CFR 342.3(d)(2). 1 The Commission determined in an order on remand issued February 24, 2003, that the PPI-FGE *without* the minus 1 percent is the appropriate oil pricing index factor for pipelines to use. 2 1 108 FERC ¶ 61,210 (2004). 2 102 FERC ¶ 61,195 at P 1 (2003). The regulations provide that the Commission will publish annually, an index figure reflecting the final change in the PPI-FG, after the Bureau of Labor Statistics publishes the final PPG-FG in May of each calendar year. The annual average PPI-FG index figure for 2003 was 143.3. The annual average PPI-FG index figure for 2004 was 148.5. 3 Thus, the percent change (expressed as a decimal) in the annual average PPI-FG from 2003 to 2004 is positive .036288. 4 Oil pipelines must multiply their July 1, 2004, through June 30, 2005, index ceiling levels by positive 1.036288 5 to compute their index ceiling levels for July 1, 2005, through June 30, 2006, in accordance with 18 CFR § 342.3(d). For guidance in calculating the ceiling levels for each 12 month period beginning January 1, 1995 6 see *Explorer Pipeline Company* , 71 FERC 61,416 at n.6 (1995). 3 Bureau of Labor Statistics
(BLS)publishes the final figure in mid-May of each year. This figure is publicly available from the Division of Industrial Prices and Price Indexes of the BLS, at
(202)691-7705, and in print in August in Table 1 of the annual data supplement to the BLS publication Producer Price Indexes via the Internet at [ *http://www.bls.gov/ppi* ]. To obtain the BLS data, click on “Get Detailed PPI Statistics,” and then under the heading “Most Requested Statistics” click on “Commodity Data.” At the next screen, under the heading “Producer Price Index—Commodity,” select the first box, “Finished goods—WPUSOP3000”, then scroll all the way to the bottom of this screen and click on Retrieve data. 4 [148.5—143.3]/143.3 = 0.036288. 5 1 + 0.036288 = 1.036288 6 6For a listing of all prior multipliers issued by the Commission, see the Commission's website, *www.ferc.gov.* The table of multipliers can be found under the headings “Oil” and “Index”. In addition to publishing the full text of this Notice in the **Federal Register** , the Commission provides all interested persons an opportunity to view and/or print this Notice via the Internet through FERC's Home Page ( *http://www.ferc.gov* ) and in FERC's Public Reference Room during normal business hours (8:30 a.m. to 5 p.m. eastern time) at 888 First Street, NE., Room 2A, Washington DC 20426. The full text of this Notice is available on FERC's Home Page at the eLibrary link. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field and follow other directions on the search page. User assistance is available for eLibrary and other aspects of FERC's Web site during normal business hours. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at
(866)208-3676, or for TTY, contact
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-2623 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AD05-3-000] Promoting Regional Transmission Planning and Expansion To Facilitate Fuel Diversity Including Expanded Uses of Coal-Fired Resources; Post-Technical Conference Notice Inviting Comments May 18, 2005. On May 13, 2005, the Commission convened a technical conference in Charleston, West Virginia, in order to identify regional solutions to promote regional transmission planning, expansion and enhancement to facilitate fuel diversity including increased integration of coal-fired resources to the transmission grid. As announced at the conclusion of the conference, entities are invited to file comments in the above-captioned docket on the topics discussed at the conference. Comments are due on May 27, 2005. The Commission encourages electronic submission of comments 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 comment to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. All filings in this docket are accessible online at *http://www.ferc.gov* , using the “eLibrary” link and will be available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* , or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. Docket No. AD05-3-000 Page 6 [FR Doc. E5-2622 Filed 5-24-05; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OPP-2005-0121; FRL-7713-1] Pythium Oligandrum DV 74; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities. DATES: Comments, identified by docket identification
(ID)number OPP-2005-0121, must be received on or before June 24, 2005. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION . FOR FURTHER INFORMATION CONTACT: Tessa Milofsky, Biopesticides and Pollution Prevention Division (7511C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)308-0455; e-mail address: *milofsky.tessa@epa.gov* . SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS 111) • Animal production (NAICS 112) • Food manufacturing (NAICS 311) • Pesticide manufacturing (NAICS 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. How Can I Get Copies of this Document and Other Related Information? 1. *Docket* . EPA has established an official public docket for this action under docket ID number OPP-2005-0121. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA. This docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The docket telephone number is
(703)305-5805. 2. *Electronic access* . You may access this **Federal Register** document electronically through the EPA Internet under the “ **Federal Register** ” listings at *http://www.epa.gov/fedrgstr/* . An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at *http://www.epa.gov/edocket/* to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. 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. Once in the system, select “search,” then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I.B.1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff. C. How and to Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I.D. Do not use EPA Dockets or e-mail to submit CBI or information protected by statute. 1. *Electronically* . If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. *EPA Dockets* . Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at *http://www.epa.gov/edocket/* , and follow the online instructions for submitting comments. Once in the system, select “search,” and then key in docket ID number OPP-2005-0121. 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-2005-0121. In contrast to EPA's electronic public docket, EPA's e-mail system is not an “anonymous access” system. If you send an e-mail comment directly to the docket without going through EPA's electronic public docket, EPA's e-mail system automatically captures your e-mail address. E-mail addresses that are automatically captured by EPA's e-mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. *Disk or CD ROM* . You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I.C.2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. *By mail* . Send your comments to: Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001, Attention: Docket ID Number OPP-2005-0121. 3. *By hand delivery or courier* . Deliver your comments to: Public Information and Records Integrity Branch (PIRIB), Office of Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID Number OPP-2005-0121. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I.B.1. D. How Should I Submit CBI to the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e-mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT . E. What Should I Consider as I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Make sure to submit your comments by the deadline in this notice. 7. 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. II. What Action is the Agency Taking? EPA has received a pesticide petition as follows proposing the establishment and/or amendment of regulations for residues of a certain pesticide chemical in or on various food commodities under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a. EPA has determined that this petition contains data or information regarding the elements set forth in FFDCA section 408(d)(2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the petition. Additional data may be needed before EPA rules on the petition. List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements. Dated: May 16, 2005. Janet L. Andersen, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. Summary of Petition The petitioner summary of the pesticide petition is printed below as required by FFDCA section 408(d)(3). The summary of the petition was prepared by the petitioner and represents the view of the petitioner. The petition summary announces the availability of a description of the analytical methods available to EPA for the detection and measurement of the pesticide chemical residues or an explanation of why no such method is needed. Biopreparaty Co. Ltd. PP 4F6877 EPA has received a pesticide petition (4F6877) from Biopreparaty Co., Ltd. (EPA Company No. 81606), Tylisovska 1, Prague 6, Czech Republic, proposing pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180 to establish an exemption from the requirement of a tolerance for the microbial pesticide pythium oligandrum DV 74 in or on all food commodities. Pursuant to section 408(d)(2)(A)(i) of FFDCA, as amended, Biopreparaty Co., Ltd., has submitted the following summary of information, data, and arguments in support of their pesticide petition. This summary was prepared by Biopreparaty Co., Ltd., and EPA has not fully evaluated the merits of the pesticide petition. The summary may have been edited by EPA if the terminology used was unclear, the summary contained extraneous material, or the summary unintentionally made the reader conclude that the findings reflected EPA's position and not the position of the petitioner. A. Product Name and Proposed Use Practices Pythium oligandrum DV 74 is the active ingredient in the proposed end-use product “Polyversum.” The end-use product polyversum is for the stimulation of plant growth, the enhancement of plant strength, and the prevention of fungal attack. Polyversum mobilizes plant defense mechanisms, increases plant resistance to pathogenic fungal attack, increases rate of growth, and increases overall crop strength and yield. Polyversum can be applied as a seed dressing, pre-plant soak, overhead spray or soil drench, or irrigation application to agricultural crops, ornamental plants, and turf grasses. B. Product Identity/Chemistry 1. *Identity of the pesticide and corresponding residues* . Pythium oligandrum, originally described by Charles Drechsler in 1943. Isolate to be registered was discovered in 1972, in the Czech Republic. The pythium oligandrum DV 74 isolate is on deposit at the American Type Culture Collection
(ATCC)as “Pythium oligandrum, ATCC 38472.” The microorganism pythium oligandrum is naturally found in soil, and is often associated with other mycoparasites and fungal species. It is widely distributed around the world, including the United States for example, pythium oligandrum was isolated from 74 of 93 soil samples collected from 40 different counties in California that represented a wide range of environmental conditions. The pythium family has 100 varieties, of which pythium oligandrum is one of four mycoparasites. The microorganism lives parasitically on plant pathogenic fungi, and works to induce/stimulate the internal defense systems of plants. Testing has shown pythium oligandrum is parasitic to 20 species of plant pathogenic fungi, including: Alternaria, Botrytis, Fusarium, Gaeumannonyces, Ophiostoma, Phoma, Pseudocercosporella, Pythium, Sclerotinia, and Sclerotium. The active ingredient pythium oligandrum DV 74 colonizes the surroundings of treated and sown seeds, and the rhizosphere of treated plants. Because of its strong mycoparasitical and competitive abilities, the active ingredient suppresses the growth and antagonistic effects of many soil borne pathogenic fungi, which cause damping-off and seed, and root rots such as phytophthora, rhizoctonia, fusarium, etc. The active ingredient also induces a defense reaction in the newly emerged plant, through stimulation of the phytohormones, which are involved in the resistance mechanisms of the plant against diseases. Pythium oligandrum DV 74 does not produce any antibiotics and therefore is considered a true plant growth promoter for the induction of plant resistance. The mycoparasitic action and stimulation of plant resistance by pythium oligandrum are both associated with positive effects on plant health and viability. 2. *A statement of why an analytical method for detecting and measuring the levels of the pesticide residue are not needed* . An analytical method for detecting and measuring levels of pesticide residues is not applicable. It is expected that, when used as proposed, pythium oligandrum DV 74 would not result in residues that are of toxicological concern. Further, the application of pythium oligandrum DV 74 to seeds, foliage, or soil will not result in an increase in concentration in the environment. The level of pythium oligandrum DV 74 in the environment following application is expected to decrease to levels similar to naturally occurring concentrations, because the organism does not thrive in the absence of sufficient nutrients. C. Mammalian Toxicological Profile Studies to evaluate the safety to mammals were conducted on the technical grade active ingredient
(tgai)and are summarized as follows: 1. *Acute oral toxicity* . No adverse effects were seen on either rats or mice that received an oral gavage dose of 5,000 milligrams/kilogram/body weight (mg/kg/bwt) of the technical grade active ingredient. No effects on appearance, behavior, or body weight were observed in any rats or mice any time after dosing. No rats or mice died during the 14-day observation period, and no gross pathological changes were found in organs in the thoracic or abdominal cavities at necropsy. An LD <sup>50</sup> >5,000 mg/kg was established. 2. *Acute dermal toxicity* . No adverse effects were seen in rats that received a dermal dose of 5,000 mg/kg/bwt of the technical grade active ingredient. No effects on appearance, behavior, or body weight were observed in any rats any time after exposure. No rats died during the 14-day observation period, and no gross pathological changes were found in organs in the thoracic or abdominal cavities at necropsy. An LD <sup>50</sup> >5,000 mg/kg was established. 3. *Acute inhalation toxicity* . No adverse effects were seen in rats that were exposed by inhalation for 4 hours to a concentration of 5 mg/liters of the technical grade active ingredient. No effects on appearance, behavior, or body weight were observed in any rats any time after exposure. No rats died during the 14-day observation period, and no gross pathological changes were found in organs in the thoracic or abdominal cavities at necropsy. Histological analysis of the lungs and trachea taken from two males and two females revealed no pathogenic response to inhalation of the test article. An LD <sup>50</sup> >5 mg/l was established. 4. *Primary eye irritation* . In the primary eye irritation study on the technical grade active ingredient, 3 rabbits received 100 mg of test article in 0.1 milliliter
(ml)of water in the right eye. Redness of the conjunctiva and swelling of the eyelids occurred during the first 24-48 hours after exposure, both were rated as high as 2 on a scale of 1 to 3 in some animals. The edema resolved in all animals within 48-hours after test article administration and the redness resolved in all animals within 72 hours. No changes in the cornea or iris of any animals occurred. Pythium oligandrum DV 74 was rated “moderately irritating” to eyes. 5. *Primary dermal irritation* . No adverse effects were seen in rabbits that received a subcutaneous injection of an extract of the technical grade active ingredient. In this study 3 rabbits received 0.2 ml of an extract of the test article by subcutaneous injection at 2 injection sites. No reaction was observed between 45 minutes and 72 hours after the subcutaneous injection. Pythium oligandrum DV 74 was rated “non irritant” to skin. 6. *Hypersensitivity incidents* . The registrant has noted that no incidents of hypersensitivity or any other adverse effects have occurred through the research, develop, or testing of the active ingredient and its related end-use product. Should any incidents occur, they will be reported per the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) section 6(a)(2). A literature search on pythium oligandrum demonstrates that this microorganism is not infective to mammals. The literature search indicated that pythium oligandrum has been studied for over 20 years, and the only biological effects attributed to the organism are parasitic effects on fungal species and stimulation of resistance to parasitic infection in plants. The mycoparasitic mode of action of pythium oligandrum is initiated by a specific affinity for the cells of the pathogenic fungus, followed by tight binding to the host hyphae and local penetration. Pythium oligandrum stimulates disease resistance in plants by production of a small proteinaceous molecule that serves as a biochemical signal in the plant. Neither the mechanism of mycoparasitic action nor the stimulation of plant resistance is associated with adverse affects in mammals. Further, pythium oligandrum DV 74 is the active ingredient in a variety of over the counter products sold in parts of Europe (including the Czech Republic, Slovakia, and Poland). These products include: A footbath to control itching and odor (brand name: Biodeur Deodorant); a fingernail treatment preparation to control nail fungus (brand name: BioBlock); a mouthwash rinse to control yeast infections (brand name: BioPlus); and a bath additive (brand name: Biodelta) and a skin cream (brand name: Biogama) to control psoriasis and dermatitis. These products have been marketed since 1999 without reports of adverse effects. A waiver has been requested for acute oral, dermal, pulmonary, and IV/IP toxicity/pathogenicity; dermal sensitization; and the conditionally required Tier 1 data for cell culture and immune response. In general, the waiver requests are based on the rationale that the active ingredient: • Produced no adverse effects in mammalian toxicity studies. • Is ubiquitous as a naturally occurring soil colonizer whose level in the environment will not significantly increase with the use of products that contain this strain. • Has modes of action that are not consistent with toxicity or pathogenicity to mammals. • In an extensive literature search yielded no reports of adverse effects in humans or other mammals. • Is marketed in Europe as the active ingredient in over the counter products, including mouth rinses, bath additives, and skin creams, with no reports of adverse effects. The results of toxicity testing indicate there is no risk to human health or the environment from pythium oligandrum DV 74. There are no reports of ecological or human health hazards caused by pythium oligandrum in general or the strain pythium oligandrum DV 74 in specific. It does not produce recognized toxins, enzymes, or virulence factors normally associated with mammalian invasiveness or toxicity. The absence of acute toxicity or pathogenicity in laboratory animals demonstrates the benign nature of this strain. The limited survival of pythium oligandrum DV 74 and the lack of acute toxicity indicate that both the hazard and the exposure associated with the use of pythium oligandrum DV 74 are low. Non-dietary exposures would not be expected to pose any quantifiable risk due to a lack of residues of toxicological concern. D. Aggregate Exposure 1. *Dietary exposure* —i. *Food* . Dietary exposure from use of pythium oligandrum DV 74, as proposed, is minimal. The major intended use of pythium oligandrum DV 74 is application to growing plants and crops for the purposes of disease control and stimulating plant defense mechanisms. Pythium oligandrum is widely distributed around the world, including the U.S. application of pythium oligandrum DV 74 to seeds, foliage, or soil will not result in a substantial increase in concentration in the environment. The level of pythium oligandrum DV 74 in the environment following application will decrease to levels similar to naturally occurring concentrations, because the organism does not thrive in the absence of sufficient nutrients. Limited survivability once its nutrient source is exhausted will limit any dietary exposure. ii. *Drinking water* . Similarly, exposure to humans from residues of pythium oligandrum DV 74 in consumed drinking water would be unlikely. Pythium oligandrum DV 74 is not known to grow or thrive in aquatic environments. Potential exposure to surface water would be negligible and exposure to drinking water (well or ground water) would be impossible to measure. The major intended use of pythium oligandrum DV 74 is to treat growing plants and crops for the purpose of disease control. Pythium oligandrum DV 74 has limited survivability once its nutrient source is exhausted. The risk of the microorganism passing through the soil to ground water is minimal to unlikely. Additionally, the fungus would not tolerate the conditions water is subjected to in a drinking-water facility (including: Chlorination, pH adjustments, high temperatures, and/or anaerobic conditions). 2. *Non-dietary exposure* . The potential for non-dietary exposure to the general population, including infants and children, is unlikely as the proposed use sites are application to growing plants or crops. Further, pythium oligandrum DV 74 has limited survivability once its nutrient source is exhausted. 3. *Conclusion* . The results of toxicity testing indicate there is no risk to human health or the environment from pythium oligandrum DV 74. There are no reports of ecological or human health hazards caused by pythium oligandrum in general or the strain pythium oligandrum DV 74 in specific. It does not produce recognized toxins, enzymes, or virulence factors normally associated with mammalian invasiveness or toxicity. The absence of acute toxicity or pathogenicity in laboratory animals demonstrates the benign nature of this strain. The limited survival of pythium oligandrum DV 74 and the lack of acute toxicity indicate that both the hazard and the exposure associated with the use of pythium oligandrum DV 74 are low. Non-dietary exposures would not be expected to pose any quantifiable risk due to a lack of residues of toxicological concern. E. Cumulative Exposure It is not expected that, when used as proposed, pythium oligandrum DV 74 would result in residues that are of toxicological concern. Pythium oligandrum DV 74 is applied to growing plants and crops for the purposes of disease control and stimulating plant resistance. Pythium oligandrum is widely distributed around the world, including the U.S. application of pythium oligandrum DV 74 to seeds, foliage, or soil will not result in a substantial increase in concentration in the environment. The level of pythium oligandrum DV 74 in the environment following application will decrease to levels similar to naturally occurring concentrations because the organism does not thrive in the absence of sufficient nutrients. The results of toxicity testing indicate there is no risk to human health or the environment from pythium oligandrum DV 74. There are no reports of ecological or human health hazards caused by pythium oligandrum in general or the strain pythium oligandrum DV 74 in specific. It does not produce recognized toxins, enzymes, or virulence factors normally associated with mammalian invasiveness or toxicity. The absence of acute toxicity or pathogenicity in laboratory animals demonstrates the benign nature of this strain. The limited survival of pythium oligandrum DV 74 and the lack of acute toxicity indicate that both the hazard and the exposure associated with the use of pythium oligandrum DV 74 are low. F. Safety Determination 1. *U.S. population* . Acute toxicity studies have shown that pythium oligandrum DV 74 is not toxic, pathogenic, or infective to mammals. The major intended use of pythium oligandrum DV 74 is applied to growing plants and crops for the purposes of disease control and stimulating plant resistance. The level of pythium oligandrum DV 74 in the environment following application will decrease to levels similar to naturally occurring concentrations because the organism does not thrive in the absence of sufficient nutrients. The results of toxicity testing indicate there is no risk to human health or the environment from pythium oligandrum DV 74. There are no reports of ecological or human health hazards caused by pythium oligandrum in general or the strain pythium oligandrum DV 74 in specific. It does not produce recognized toxins, enzymes, or virulence factors normally associated with mammalian invasiveness or toxicity. The absence of acute toxicity or pathogenicity in laboratory animals demonstrates the benign nature of this strain. The limited survival of pythium oligandrum DV 74 and the lack of acute toxicity indicate that both the hazard and the exposure associated with the use of pythium oligandrum DV 74 are low. There is a reasonable certainty of no harm to the general U.S. population from exposure to this active ingredient. 2. *Infants and children* . It is not expected that, when used as proposed, pythium oligandrum DV 74 would result in residues that are of toxicological concern. There is a reasonable certainty of no harm for infants and children from exposure to pythium oligandrum DV 74 from the proposed uses. G. Effects on the Immune and Endocrine Systems To date there is no evidence to suggest that pythium oligandrum DV 74 functions in a manner similar to any known hormone, or that it acts as an endocrine disrupter. H. Existing Tolerances There is no EPA tolerance for pythium oligandrum DV 74. I. International Tolerances A Codex Alimentarium Commission Maximum Residue Level
(MRL)is not required for pythium oligandrum DV 74. [FR Doc. 05-10340 Filed 5-24-05; 8:45 am]
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U.S. Code
CFR
- Complaints (Rule 206).§ 385.206
- Protests other than under Rule 208 (Rule 211).§ 385.211
- Protests, interventions, and comments.§ 154.210
- Notice requirements.§ 154.207
- Submission of settlement offers (Rule 602).§ 385.602
- Filings and Other Submissions.§ 385.2001
- Method of notice; dates established in notice (Rule 210).§ 385.210
- Delegations to the Secretary.§ 375.302
- Intervention (Rule 214).§ 385.214
- Indexing.§ 342.3
8 references not yet in our index
- 16 USC 791a-825r
- 15 USC 717-717w
- 15 USC 3301-3432
- 16 USC 2601-2645
- 43 USC 1301-1356
- 18 CFR 385
- 40 CFR 2
- 40 CFR 180
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