Notices. Notice of proposed information collection and request for comments

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BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC05-598-000; FERC-598] Commission Information Collection Activities, Proposed Collection; Comment Request; Extension June 2, 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 (Pub. L. 104-13), 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 August 12, 2005. ADDRESSES: Copies of sample filings of the proposed collection of information can be obtained from the Commission's website ( *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 refer to Docket No. IC05-598-000. 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 website 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 acknowledgement 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 *FERCOlineSupport@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-598 “Determination for Entities Seeking Exempt Wholesale Generator Status” (OMB No. 1902-0166) is used by the Commission to implement the statutory provisions of section 32 of the Public Utility Holding Company Act of 1935 (PUHCA), as amended by section 711 of the Energy Policy Act of 1992, 16 U.S.C. 824d. Section 32(a) of PUHCA defines an Exempt Wholesale Generator

(EWG)as an individual determined by the Commission to be engaged directly or indirectly through one or more affiliates, and exclusively in the business of owning and/or operating all or part of eligible facilities and selling electric energy at wholesale. An eligible facility may include interconnecting transmission facilities necessary to effect wholesale power sales. The Commission complements these filing requirements in the Code of Federal Regulations

(CFR)under 18 CFR Part 365. *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 Number of responses per respondent Average burden hours per response Total annual burden hours

(3)(1)×(2)×(3) 112 1 6 672 Estimated cost burden to respondents is $35,073. (672 hours/2080 hours per year times $108,558 per year average per employee = $35,073.). The cost per respondent is $393. 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, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology *e.g.* permitting electronic submission of responses. Linda Mitry, Deputy Secretary. [FR Doc. E5-2923 Filed 6-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP05-360-000, CP05-357-000, CP05-358-000 and CP05-359-000] Creole Trail LNG, L.P. and Cheniere Creole Trail Pipeline Company; Notice of Applications June 2, 2005. Take notice that on May 23, 2005, Creole Trail LNG, L.P. (Creole Trail LNG) filed an application in Docket No. CP05-360-000 seeking authorization to site, construct and operate a liquefied natural gas

(LNG)terminal and associated facilities to import and deliver 3.3 Bcf per day of natural gas. The terminal and associated facilities will be located in Cameron Parish, Louisiana as the place of importation of foreign source LNG. Creole Trail LNG made the request to site, construct and operate the LNG terminal pursuant to section 3(a) of the Natural Gas Act

(NGA)and Part 153 of the Commission's regulations. Also, take notice that on May 23, 2005, Cheniere Creole Trail Pipeline Company (Cheniere Creole Trail) filed in Docket No. CP05-357-000, an application seeking a certificate of public convenience and necessity, pursuant to section 7(c) of the NGA and Part 157 of the Commission's regulations, to construct and operate:

(1)116.8 miles of dual 42-inch pipeline connecting with the Creole Trail LNG terminal;

(2)46.9 miles of single 42-inch pipeline extending from the Sabine Pass LNG terminal, under construction in Cameron Parish, Louisiana, to an interconnection with the dual 42-inch pipeline; and

(3)a 6.8-mile, 20-inch lateral line extending from the dual 42-inch line to the proposed Dominion Gas Storage facility. The proposed pipeline facilities will run through Cameron, Calcasieu, Beauregard, Jefferson Davis, Allen, and Acadia Parishes, Louisiana. In Docket No. CP05-358-000, Cheniere Creole Trail requests a blanket certificate under section 7(c) of the NGA and Part 157, Subpart F of the Commission's regulations to perform routine activities in connection with the future construction, operation and maintenance of the proposed pipeline. In Docket No. CP05-359-000, Cheniere Creole Trail requests a blanket certificate pursuant to section 7(c) of the NGA and Part 284, Subpart G of the Commission's regulations to provide open access natural gas transportation services. These applications are on file with the Commission and open to public inspection. These filings are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at

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

(202)502-8659. In Docket No. PF05-8-000, Creole Trail LNG and Cheniere Creole Trail participated in a pre-filing National Environmental Policy Act review of the proposed project to identify and resolve potential landowner and environmental problems before the applications were filed. Any questions regarding these applications should be directed to Patricia Outtrim, Cheniere LNG, Inc., 717 Texas Avenue, Suite 3100, Houston, Texas 77002,

(713)659-1361 or Lisa Tonery, King & Spalding LLP, 1185 Avenue of the Americas, New York, NY 10036,

(212)556-2307. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made in the proceeding with the Commission and must mail a copy to the applicant and to every other party. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper; see, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. The Commission strongly encourages electronic filings. *Comment Date:* 5 p.m. Eastern Time on June 23, 2005. Linda Mitry, Deputy Secretary. [FR Doc. E5-2920 Filed 6-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RP04-203-000, RP05-105-000 and RP05-164-000] Equitrans, L.P.; Notice of Informal Settlement Conference June 2, 2005. Take notice that an informal settlement conference will be held in the above-referenced dockets starting at 10 a.m.

(EST)on Thursday, June 16 and 17, 2005 at the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, for the purpose of exploring a possible settlement in the above-referenced proceeding. Any party, as defined by 18 CFR 385.102(c), or any participant as defined by 18 CFR 385.102(b), is invited to attend. Persons wishing to become a party must move to intervene and receive intervenor status pursuant to the Commission's regulations (18 CFR 385.214). 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 202-208-1659 (TTY), or send a FAX to 202-208-2106 with the required accommodations. For additional information, please contact Lorna Hadlock (202 502-8737). Linda Mitry, Deputy Secretary. [FR Doc. E5-2925 Filed 6-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-361-000] Gas Transmission Northwest Corporation; Notice of Tariff Filing June 2, 2005. Take notice that on May 31, 2005, Gas Transmission Northwest

(GTN)tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1-A, Fifth Revised Sheet No. 6, to become effective July 1, 2005. GTN states that this tariff sheet is being submitted to implement its semi-annual fuel charge adjustment in compliance with Paragraph 37 of the general terms and conditions of GTN's tariff. In addition, GTN states that it is making corrections to a number of prior fuel tracker filings. GTN further states that a copy of this filing has been served on GTN's jurisdictional customers and interested state regulatory agencies. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email 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. E5-2929 Filed 6-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-360-000] Gulf South Pipeline Company, LP; Notice of Cash-Out Report June 2, 2005. Take notice that on May 31, 2005, Gulf South Pipeline Company, LP (Gulf South) tendered for filing its report of the net revenues attributable to the operation of its cash-in/cash-out program for an annual period beginning April 1, 2004, and ending March 31, 2005. Gulf South states that this filing reflects its annual report of the activities attributable to the operation of its cash-in/cash out program. The report shows a negative cumulative position that will continue to be carried forward and applied to the next cash-in/cash-out reporting period as provided in Gulf South's tariff, section 20.1(E)(i) of the General Terms and Conditions. Gulf South states that copies of this filing have been served upon Gulf South's customers, state commissions and other interested parties. 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. *Intervention and Protest Date:* 5 p.m. eastern time, June 9, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-2928 Filed 6-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-59-000] MidAmerican Energy Company; Notice of Institution of Proceeding and Refund Effective Date June 2, 2005. On June 1, 2005, the Commission issued an order that instituted a proceeding in Docket No. EL05-59-000, pursuant to section 206 of the Federal Power Act (FPA), 16 U.S.C. § 824e, concerning the justness and reasonableness of MidAmerican Energy Company's market-based rates. *MidAmerican Energy Company* , 111 FERC ¶ 61,320 (2005). The refund effective date in Docket No. EL05-59-000, established pursuant to section 206(b) of the FPA, will be 60 days from the date of publication of this notice in the **Federal Register** . Linda Mitry, Deputy Secretary. [FR Doc. E5-2922 Filed 6-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-359-000] National Fuel Gas Supply Corporation; Notice of Tariff Filing June 2, 2005. Take notice that on May 31, 2005, National Fuel Gas Supply Corporation (National) tendered for filing as part of its FERC Gas Tariff, Fourth Revised Volume No. 1, Seventy Seventh Revised Sheet No. 9, to become effective June 1, 2005. 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 email 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. E5-2927 Filed 6-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-358-000] Questar Southern Trails Pipeline Company; Notice of Annual Fuel Gas Reimbursement Report June 2, 2005. Take notice that on May 31, 2005, Questar Southern Trails Pipeline Company (Southern Trails) submitted its annual Fuel Gas Reimbursement Percentage

(FGRP)report pursuant to the Fuel Gas Reimbursement Provision (section 30) of the general terms and conditions of Original Volume No. 1 of its FERC Gas Tariff. Southern Trails states that copies of this filing have been served upon its customers and the Public Service Commissions of Utah, New Mexico, Arizona and California. 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 June 9, 2005. Linda Mitry, Deputy Secretary. [FR Doc. E5-2926 Filed 6-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Filings June 2, 2005. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER01-2317-005. *Applicants:* Metro Energy, L.L.C. *Description:* Metro Energy, LLC submits its revised Tariff incorporating the change in status reporting requirements provisions under ER01-2317. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0009. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER03-1312-008. *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description:* Midwest Independent Transmission System Operator, Inc. submits proposed revisions to its Open Access Transmission & Energy Markets Tariff, FERC Electric Tariff, Third Revised Volume 1 in compliance with the Commission's March 29, 2005 order. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0014. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-1028-000. *Applicants:* Southern Company Services, Inc. *Description:* Southern Co. Services Inc., as agent for Alabama Power Company, *et al.* , submits the Generator Balancing Service Agreement between KGen Murray I and II LLC and Southern Companies dated as of 5/1/05. *Filed Date:* 05/27/2005. *Accession Number:* 20050531-0013. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-1029-000. *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description:* Midwest Independent Transmission System Operator, Inc. submits proposed revisions to its Open Access Transmission and Energy Markets Tariff, FERC Electric Tariff, Third Revised Volume 1, etc., under ER05-1029. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0022. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-1030-000. *Applicants:* Pennsylvania Electric Company. *Description:* Pennsylvania Electric Co. submits an amended Interconnection Agreement with Penelec and Reliant Energy Mid-Atlantic Power Holdings, LLC and Reliant Energy Maryland Holdings, LLC under ER05-1030. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0021. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-1031-000. *Applicants:* PJM Interconnection, L.L.C. *Description:* PJM Interconnection, L.L.C. submits five Network Integration Transmission Service Agreements executed by certain customers taking service under the PJM Open Transmission Tariff under ER05-1031. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0026. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-1032-000. *Applicants:* Wisconsin Electric Power Company. *Description:* Wisconsin Electric Power Co. submits its Third Revised Power Sale Agreement with Wisconsin Public, Inc. under ER05-1032. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0019. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-1033-000. *Applicants:* Wolverine Power Supply Cooperative, Inc. *Description:* Wolverine Power Supply Cooperative, Inc. submits new Amended and Consolidated Wholesale Power Contracts between Wolverine and four member distribution cooperatives under ER05-1033. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0018. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-1034-000. *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description:* Midwest Independent Transmission System Operator, Inc. submits proposed revisions to the Midwest ISO Agreement under ER05-1034. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0017. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-1035-000. *Applicants:* San Diego Gas & Electric Company. *Description:* San Diego Gas & Electric Co. submits its 2004 Costs and Accruals for Post-Employment Benefits other than Pensions under ER05-1035. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0016. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-1036-000. *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description:* Midwest Independent Transmission System Operator, Inc. submits a Large Generator Interconnection Agreement among Fenton Power Partners I, LLC, Midwest ISO and Northern States Power Company d/b/a Xcel Energy under ER05-1036. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0020. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-1037-000. *Applicants:* Virginia Electric and Power Company. *Description:* Virginia Electric and Power Co. d/b/a Dominion Power submits an executed Mutual Operating Agreement with Old Dominion Electric Cooperative under ER05-1037. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0025. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-1038-000. *Applicants:* Virginia Electric and Power Company. *Description:* Virginia Electric and Power Co. d/b/a Dominion Virginia submits an executed Mutual Operating Agreement with Central Virginia Electric Cooperative under ER05-1038. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0024. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-1039-000. *Applicants:* PJM Interconnection, L.L.C. *Description:* PJM Interconnection, L.L.C. submits revisions to its Schedule 2 of the PJM Open Access Transmission Tariff to reflect the new revenue requirements of Duke Energy Hanging Rock, LLC and Duke Energy Washington LLC under ER05-1039. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0006. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-1040-000. *Applicants:* Virginia Electric and Power Company. *Description:* Virginia Electric & Power Co d/b/a Dominion Virginia Power submits an executed Mutual Operating Agreement with the Town of Enfield, NC under ER05-1040. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0004. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-1041-000. *Applicants:* Westar Energy, Inc. *Description:* Westar Energy, Inc submits a notice of cancellation of an Electric Power Supply Agreement with the City of Morrill, KS designated as Rate Schedule 260 under ER05-1041. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0003. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-1042-000. *Applicants:* Southern Company Services, Inc. *Description:* Southern Company Services, Inc as agent for Alabama Power Co. and Southern Electric Generating Company, submits an Updated Depreciation Rates for Alabama Power Co. and Southern Electric Generating Co. under ER05-1042. *Filed Date:* 05/27/2005. *Accession Number:* 20050602-0088. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER04-106-011, ER04-691-044, EL04-104-042. *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description:* Midwest Independent Transmission System Operator, Inc submits proposed revisions to Attachment P (list of Grandfather Agreements etc) contained in Midwest ISO's Open Access Transmission and Energy Markets Tariff *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0005. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER04-789-003, ER04-802-004, ER04-1033-002. *Applicants:* Wabash Valley Power Association, Inc. *Description:* Wabash Valley submits First Revised Tariff Sheet 2, *et al.* , to FERC Electric Tariff, Original Volume 1. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0002. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-226-001. *Applicants:* American Electric Power Service Corporation. *Description:* Southwest Power Pool submits Interchange & Interconnection Agreement among Grand River Dam Authority, Public Service Company of Oklahoma and Southwest Power Pool. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0013. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-454-002, ER05-455-002, ER02-2407-003, ER05-639-002, ER05-98-001, ER05-118-001, ER05-131-001, ER02-2397-004, ER03-796-003. *Applicants:* Bear Swamp Power Company LLC. *Description:* Bear Swamp Power Co, LLC et al. submits a Notice of Change in Status and a revised market-based rate tariffs, pursuant to Order 652. *Filed Date:* 05/27/2005. *Accession Number:* 20050602-0060. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-654-002. *Applicants:* Phoenix Energy Trading, LLC. *Description:* Phonenx Energy Trading, LLC submits amended Phoenix Rate Schedule FERC 1 under ER05-654. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0012. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-692-001. *Applicants:* PJM Interconnection L.L.C. *Description:* PJM Interconnection LLC submits revisions to Schedule 2 of the PJM Open Access Transmission Tariff to revise the effective date of Buckeye Power Inc.'s revenue requirement for providing cost-based Reactive Support and Voltage Control from Generation Sources Service. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0010. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-766-001. *Applicants:* Soyland Power Cooperative, Inc. *Description:* Soyland Power Cooperative, Inc. submits Revised Rate Schedules in compliance with FERC's 5/6/05 letter order. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0266. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-833-001. *Applicants:* American Transmission Company LLC. *Description:* American Transmission Co, LLC submits a replacement page to the Table of Contents of the Amended and Restated Generation Transmission Interconnection Agreement that was filed on 4/13/05 under ER05-833. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0008. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-834-001. *Applicants:* American Transmission Company LLC. *Description:* American Transmission Co, LLC submits two replacement pages to the Table of Contents of the Amended & Restated Generation Transmission Interconnection Agreement that was filed on 4/14/05 under ER05-834. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0007. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-936-001. *Applicants:* Black Hills Power, Inc. *Description:* Black Hills Power, Inc submits a replacement tariff sheet for the canceled Common Use Agreement in conformance with Order 614 et al. under ER05-936. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0015. *Comment Date:* 5 p.m. Eastern Time on Friday, June 17, 2005. *Docket Numbers:* ER05-990-001. *Applicants:* Southwest Power Pool. *Description:* Southwest Power Pool submits a revision to their 5/19/05 filing to revise its Open Access Transmission Tariff to implement a rate change for Westar Energy, Inc. *Filed Date:* 05/27/2005. *Accession Number:* 20050601-0011. 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, interventions or protests submitted on or before the comment deadline need not be served on persons other and 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 link 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 St., 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 dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlinSupport@ferc.gov* . or call

(866)208-3676 (toll free). For TTY, call

(202)502-8659. Linda Mitry, Deputy Secretary. [FR Doc. E5-2930 Filed 6-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-8-000] Starks Gas Storage L.L.C.; Notice of Availability of the Environmental Assessment for the Proposed Starks Gas Storage Project June 2, 2005. The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment

(EA)on the natural gas pipeline facilities proposed by Starks Gas Storage L.L.C. (Starks Gas Storage) in the above-referenced docket number. The EA was prepared to satisfy the requirements of the National Environmental Policy Act. The staff concludes that approval of the proposed project, with appropriate mitigating measures, would not constitute a major Federal action significantly affecting the quality of the human environment. The EA assesses the potential environmental effects of the construction and operation of the proposed Starks Gas Storage Project in Calcasieu and Beauregard Parishes, Louisiana. The Starks Gas Storage Project would initially utilize Starks No. 1 cavern to store approximately 13.3 billion cubic feet

(Bcf)of natural gas, comprised of approximately 8.8 Bcf of working or top gas and approximately 4.5 Bcf of base or cushion gas. Facilities would be designed to allow cycling of the entire storage volume 5 to 6 times per year with injections and withdrawals of approximately 400 million cubic feet per day (MMcfd). Starks No. 2 cavern would be available for similar conversion to gas storage approximately 18 months later, adding an incremental working gas volume of approximately 10.4 Bcf and approximately 5.3 Bcf of base gas and the overall project injection and withdrawal rates would double. The total storage volume of Starks No. 2 cavern would be approximately 15.6 Bcf. In Docket No. CP05-8-000, Starks Gas Storage proposes to construct, operate, and maintain the following facilities. The proposed natural gas and brine disposal pipelines connected with the future natural gas storage caverns and debrining operations of the existing brine wells west of the proposed Starks Compressor Station are designated as mileposts

(MP)0.00—0.68 on Segment 1. The proposed natural gas and brine disposal pipelines east of the proposed Starks Compressor Station are designated as MPs 0.00-33.77 on Segments 2 and 3. The proposed facilities include: • Conversion of two existing brine extraction wells (formerly called PPG-10 and PPG-9) to natural gas storage caverns (Starks No. 1 at MP 0.68 and Starks No. 2 at MP 0.47, respectively, on Segment 1) with a combined maximum capacity to store approximately 28.9 Bcf of natural gas, comprised of approximately 19.2 Bcf of working capacity and approximately 9.7 Bcf of cushion gas, with withdrawal rates of 800 million cubic feet per day (MMcfd) and peak injection rates of 750 MMcfd; • About 0.88 mile of two new 16-inch diameter natural gas pipelines and two new collocated 10-inch diameter brine disposal pipelines associated with the interconnects on the Starks salt dome west of the Starks Compressor Station from MP 0.00 to 0.68 (identified as Segment 1); • About 1.80 miles of new 30-inch diameter natural gas pipeline from the Starks Compressor Station to the Tennessee Gas Pipeline Company (Tennessee Gas) interconnect from MP 0.0 to MP 1.8 (identified as Segment 2) and about 1.2 miles of new collocated 10-inch diameter brine disposal line from the Starks Compressor Station to the salt water disposal

(SWD)injection wells from MP 0.00 to 1.21 (identified as Segment 2a); • About 31.97 miles (a continuation) of the new 30-inch diameter natural gas pipeline from the Tennessee Gas interconnect terminating at the Texas Eastern Transmission LP (Texas Eastern) interconnect in Beauregard Parish from MP 1.80 to 33.77 (identified as Segment 3); • A new compressor station with dehydration facilities (Starks Compressor Station) at MP 0.00, including seven natural gas fueled reciprocating engine driven reciprocating compressor units each rated at 4,735 brake horsepower (BHP), with seven exhaust noise silencers with integral emission control catalysts, and related piping, valves, controls, and buildings; two triethylene glycol

(TEG)dehydration units and appurtenant, auxiliary facilities with one vapor recovery/condensing unit and one thermal oxidizer; • Three new interconnect valve stations connecting to existing natural gas pipelines at the Tennessee Gas (MP 1.80), Transco (MP 29.80), and Texas Eastern pipelines (MP 33.77) on Segments 2 and 3; • Three temporary natural gas fueled reciprocating engine driven reciprocating compressor units each rated at 1,150 BHP, with three exhaust noise silencers with integral emission control catalysts for dewatering existing brine extraction well (PPG-9), located at the Starks Compressor Station; • Three new natural gas fueled reciprocating engine driven centrifugal multi-stage pumps rated at 860 BHP, with three exhaust noise silencers with integral emission control catalysts for injecting dewatered brine from the caverns into two disposal wells, located at the Starks Compressor Station; • Two new brine injection

(SWD)wells, MP 1.21 on Segment 2, located on a two-acre tract to dispose of any surplus brine removed from the two caverns as they are converted to gas storage service; and • One temporary skid mounted brine disposal meter system, first located at Starks No. 1 (MP 0.68) and then at Starks No. 2 (MP 0.47) on Segment 1. The EA has been placed in the public files of the FERC. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference and Files Maintenance Branch, 888 First Street, NE., Room 2A, Washington, DC 20426.

(202)502-8371. Copies of the EA have been mailed to Federal, state and local agencies, public interest groups, interested individuals, newspapers, and parties to this proceeding. Any person wishing to comment on the EA may do so. To ensure consideration prior to a Commission decision on the proposal, it is important that we receive your comments before the date specified below. 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 comments to: Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426. • Label one copy of the comments for the attention of the Gas Branch 2, PJ11.2. • Reference Docket No. CP05-8-000; and • Mail your comments so that they will be received in Washington, DC on or before July 5, 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 by clicking on “Sign-up.” Comments will be considered by the Commission but will not serve to make the commentor a party to the proceeding. Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214). 1 Only intervenors have the right to see rehearing of the Commission's decision. 1 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 comments considered. 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* . Linda Mitry, Deputy Secretary. [FR Doc. E5-2921 Filed 6-7-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 7758-004] City of Holyoke Gas & Electric; Notice of Application Accepted for Filing and Soliciting Motions To Intervene and Protest June 2, 2005. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. *Type of Application:* Subsequent License. b. *Project No.:* P-7758-004. c. *Date Filed:* February 25, 2005. d. *Applicant:* City of Holyoke Gas & Electric Department. e. *Name of Project:* Holyoke Canal No. 4 Project. f. *Location:* Adjacent to the Connecticut River in Hampden County, Massachusetts. The project does not occupy any federal lands. g. *Filed Pursuant to:* Federal Power Act 16 U.S.C. 791(a)-825(r). h. *Applicant Contact:* Mr. Paul Ducheney, Superintendent-Hydro, Holyoke Gas & Electric Department, One Canal Street, Holyoke, MA 01040,

(413)536-9340 or *ducheney@hged.com* . i. *FERC Contact:* Jack Hannula, *john.hannula@ferc.gov* , or call

(202)502-8917. j. *Deadline for filing motions to intervene and protest:* 60 days from the issuance date of this notice. All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commissions Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears 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. Motions to intervene and protests may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See CFR 385.200 (a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) under the “eFiling” link. k. This application has been accepted, but is not ready for environmental analysis at this time. l. The Holyoke No. 4 Canal Hydro Project consists of the following existing facilities:

(a)Two 7-foot-diameter, 76-foot-long penstocks drawing water from the first level canal of the Holyoke Canal System;

(b)a powerhouse with two 375 kW generating units with a total installed capacity of 750 kW;

(c)two 13-foot-wide, 300-foot-long tailraces discharging into the second level canal;

(d)a 25-foot-long, 4.8-kV transmission line; and

(e)appurtenant facilities. One of the generating units was destroyed in an October 2004 fire; unit rehabilitation has yet to be determined. m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll-free at 1-866-208-3676, or for TTY,

(202)502-8659. A copy is also available for inspection and reproduction at the address in item h. above. You may also register online at *http://www.ferc.gov/esubscribenow.htm* to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. 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. o. Procedural schedule and final amendments: The application will be processed according to the following Hydro Licensing Schedule. Revisions to the schedule will be made as appropriate. The Commission staff proposes to issue one environmental assessment rather than issue a draft and final EA. Comments, terms and conditions, recommendations, prescriptions, and reply comments, if any, will be addressed in the EA. Staff intends to give at least 30 days for entities to comment on the EA before final action is taken on the license application. Issue Scoping Document for Comments: June 2005. Notice application ready for environmental analysis: September 2005. Notice of the availability of the EA: March 2006. Ready for Commission's decision on the Application: April 2006. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice of ready for environmental analysis. Linda Mitry, Deputy Secretary. [FR Doc. E5-2924 Filed 6-7-05; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-7922-3] Agency Information Collection Activities: Proposed Collection; Comment Request; Regulatory Pilot Projects (Project XL); EPA ICR Number 1755.06, OMB Control Number 2010-0026 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), this document announces that EPA is planning to submit for renewal the following continuing Information Collection Request

(ICR)to the Office of Management and Budget (OMB): Regulatory Pilot Projects (Project XL) (EPA ICR No. 1755.06) (OMB Control No. 2010-0026, current ICR expires August 31, 2005). Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before August 8, 2005. ADDRESSES: The public may contact Mr. Douglas Heimlich in EPA's Office of Environmental Policy Innovation for a paper copy of the ICR (free of charge). Mr. Heimlich may be reached by mail at the U.S. EPA Office of Environmental Policy Innovation (Mail Code 1807T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460; by telephone at

(202)566-2234, by e-mail at *heimlich.douglas@epa.gov* , or by FAX at 202-566-2220. FOR FURTHER INFORMATION CONTACT: Mr. Douglas Heimlich in the Office of Environmental Policy Innovation. Mr. Heimlich may be reached by phone at

(202)566-2234, by e-mail at *heimlich.douglas@epa.gov* , or by FAX at 202-560-2220. Or, contact Dr. Gerald Filbin in the Office of Environmental Policy Innovation. Dr. Filbin may be reached by phone at

(202)566-2182, by e-mail at *filbin.gerald@epa.gov* , or by FAX at 202-566-2211. SUPPLEMENTARY INFORMATION: *Affected entities:* Entities potentially affected by this action include XL project sponsors, XL project stakeholders, state, tribal and local regulatory agencies, select members of the business industry, environmental organizations, industry trade associations, academics, and community members. *Title:* Regulatory Pilot Projects (EPA ICR No.1755.06) (OMB Control No. 2010-0026, current ICR expires August 31, 2005). *Abstract:* In March 1995, the U.S. Environmental Protection Agency initiated Project XL in response to a challenge to transform the environmental regulatory system to better meet the needs of a rapidly changing society while maintaining the nation's commitment to protect human health and safeguard the natural environment. Project XL, or eXcellence and Leadership ( *http://www.epa.gov/ProjectXL/* ), was one approach to innovation piloting designed to test innovative ideas by those who must comply with EPA regulations and policies. Through innovation pilots EPA is gathering data and project experience that will help the Agency redesign current approaches to public health and environmental protection. Through site-specific agreements with project sponsors, Project XL gives companies, communities, local governments, military bases, and universities flexibility from certain environmental regulations in exchange for commitments to achieve superior environmental performance at less cost. Since 1995, under Project XL, sponsors—private facilities, multiple facilities, industry sectors, Federal facilities, communities, universities, and states—have implemented innovative strategies that produce superior environmental performance, provide flexibility, cost savings, paperwork reduction or other benefits to sponsors, and promote greater accountability to stakeholders. In addition to Project XL, EPA provides other mechanisms for piloting new ideas such as the EPA State Innovation Grant Program ( *http://www.epa.gov/innovation/stategrants/* ) and the EPA/ECOS Joint Agreement to Pursue Regulatory Innovation ( *http://www.ecos.org/files/1426_file_Agreement.pdf* ) as opportunities for collaborative innovation with a variety of stakeholders. EPA is completing the earlier projects submitted under Project XL, and is continuing piloting under the other mechanisms. The intent of Project XL was to allow the EPA to experiment with untried, potentially promising regulatory approaches, both to assess whether they provide superior environmental performance and other benefits at the specific facility affected, and whether they should be considered for wider application. Such pilot projects allow the EPA to proceed more quickly than would be possible when undertaking changes on a nationwide basis. EPA may modify rules, on a site- or state-specific basis, that represent one of several possible policy approaches within a more general statutory directive, so long as the alternative being used is permissible under the statute. Similarly, the other mechanisms for innovation, the EPA State Innovation Grant Program and the EPA/ECOS Joint Agreement to Pursue Regulatory Innovation provide a process for States, Tribes, municipalities, and whole business sectors to test regulatory innovation at a broad, systemic scale. The adoption of such alternative approaches or interpretations in the context of a given project does not, however, signal EPA's willingness to adopt that interpretation as a general matter, or even in the context of other innovation projects. It would be inconsistent with the forward-looking nature of these pilot projects to adopt such innovative approaches prematurely on a widespread basis without first determining whether or not they are viable in practice and successful for the particular projects that embody them. These pilot projects are not intended to be a means for piecemeal revision of entire programs. Depending on the results in these projects, EPA may or may not be willing to consider adopting the alternative approach or interpretation again, either generally or for other specific facilities. EPA believes that adopting alternative policy approaches and/or interpretations, on a limited, site- or state-specific basis and in connection with a carefully selected pilot project is consistent with the expectations of Congress about EPA's role in implementing the environmental statutes (so long as EPA acts within the discretion allowed by the statute). Congress' recognition that there is a need for experimentation and research, as well as ongoing reevaluation of environmental programs, is reflected in a variety of statutory provisions. Also, consistent with the President's Management Agenda, these pilot projects are designed to demonstrate the performance of new approaches through environmental outcomes. Before submitting an official Project XL proposal to EPA, the project sponsor typically engaged in informal discussions with EPA about proposal design. Once a formal proposal was submitted, EPA along with the corresponding state environmental agency reviewed the proposal. EPA based acceptance of proposals on the extent to which proposals met the following eight criteria:

(1)Superior environmental performance,

(2)cost savings and reduced paperwork,

(3)stakeholder involvement,

(4)innovation or pollution prevention,

(5)transferability,

(6)feasibility,

(7)monitoring, reporting and evaluation, and

(8)no shifting of risk burden. If the proposal was accepted, EPA and the partnering state agency negotiated the conditions of the proposal with the project sponsor along with other interested stakeholders, including local and national environmental groups and nearby community residents. Once an agreement was reached regarding the conditions of the proposal and the necessary regulatory flexibility, the Final Project Agreement

(FPA)was signed and the project sponsor began implementation. XL project proposals were collected by EPA's Office of Environmental Policy Innovation

(OEPI)which has been given responsibility for implementation of this program. Since its inception in 1995, over 100 Project XL proposals have been received and reviewed, and over 50 pilot projects have been implemented. Of these approximately nine

(9)have been completed, thirteen

(13)have been terminated prior to completion and thirty

(30)remain to be completed. The program itself includes other offices within EPA headquarters, EPA regions, federal, state, tribal and local government agencies. The renewal of this ICR is important as it will allow the Agency to continue to work with sponsors of these innovation pilots, and to respond to additional regulated entities who are interested in innovation pilot projects. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. The EPA would like to solicit comments to:

(i)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(ii)Evaluate 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;

(iii)Enhance the quality, utility, and clarity of information to be collected: and

(iv)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology; *e.g.* , permitting electronic submissions of responses. *Burden Statement:* This section presents EPA's estimates of the burden and cost to complete the information collection activities associated with this collection. In using this analysis, however, it should be remembered not only that all responses to this solicitation are voluntary, but also that respondents have some expected value attached with their participation. Fundamental to projects in this program will be reduced cost of compliance due to increased regulatory flexibility. Not unlike a contracts-based Request For Proposals, one would not expect a response from any entity where the burdens associated with preparing the response outweigh the expected benefits to the respondent. Information requests are expected for approximately 40 XL projects over the lifetime of this ICR as well as approximately 30 other projects that have been developed under the State Innovation Grants and other mechanisms. The State Grants Program uses a competition process established under 40 CFR 31 and compliant with the requirements established in the Agency's Assistance Agreement Competition Policy ( EPA E.O. 5700.5A1). Under that policy, States compete for funds by responding to an annual solicitation with a brief initial proposal. States that are selected based upon an evaluation using published criteria are asked to submit a more detailed proposal leading to award. The average number of annual awards is eight (8). Information will also be requested for implemented projects as part of periodic reporting required for grants management and for projects that are approaching completion, or have reached completion and for which information is requested to document the outcome of each project. In the ten years since the March 16, 1995 announcement of the program, EPA received over 100 Project XL proposals. In the tenth year of the program, EPA continues to receive inquiries about the program. During the lifetime of this ICR, EPA will solicit information from project sponsors regarding the process and outcomes for projects at completion. This addresses the commitment of each project sponsor established in the project FPA to report on the final outcomes of the project and to provide relevant information to allow EPA to assess the degree of success for each of these projects and examine the impediments to implementation that are relevant to potential future attempts to scale up successful innovations demonstrated in Project XL or other families of innovation to broader scale application. To complete a project final report and respond to a follow-up questionnaire, EPA estimates that each project sponsor will use forty

(40)hours of time, and further estimates the thirty

(40)XL projects at or approaching completion will require a total of 1600 hours (40 hours x 40 projects). Further, EPA estimates that its own analysts will require an additional twenty

(20)hours of time per project to read and extract information on project measures and outcomes, or a total of 600 hours. EPA estimates that eighteen hundred

(2200)hours of time may reflect a cost of $660,000. Similarly, EPA anticipates that State Innovation Grants Projects may require States to expend up to 40 hours in preparation for each pre-proposal for a total of 1000 hours as an annual average (40x25). The small number of States selected and asked to provide a more detailed proposal may expend up to 100 hours per proposal for a total of 800 hours (8x100) annually (1800 hours annually). Over the period of this ICR, States may expend up to 5400 hours (1800x3) preparing proposals for State Innovation Grants; EPA anticipates expending up to 2000 hours for analysis of this information. In addition, quarterly reporting on projects, now required under assistance agreement policy may account for 64 hours of time annually for recipient States and 100 hours annually for EPA to complete analysis. The anticipated total cost of this reporting is estimated at $2,400,000. No capital or start-up costs will be associated with this effort. Burden means total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Dated: May 23, 2005. Gregory Ondich, Acting Office Director, Office of Environmental Policy Innovation. [FR Doc. 05-11383 Filed 6-7-05; 8:45 am]

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