Notices. Notice

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

BILLING CODE 4000-01-M DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ES05-33-000] Access Energy Cooperative; Notice of Filing July 6, 2005. Take notice that on June 28, 2005, Access Energy Cooperative

(AEC)submitted an application pursuant to section 204 of the Federal Power Act seeking authorization to borrow money pursuant to a loan agreement with the National Rural Utilities Cooperative Finance Corporation

(CFC)in an amount not to exceed $15 million. AEC also requests a waiver from the Commission's competitive bidding and negotiated placement requirements at 18 CFR 34.2. 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 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. *Comment Date:* 5 p.m. Eastern Time on July 22, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-3697 Filed 7-12-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 785-000] Consumers Energy Company; Notice of Intent To File an Application for a New License July 6, 2005. a. *Type of Filing:* Notice of intent to file an application for a new license. b. *Project No.:* 785-000. c. *Date Filed:* April 7, 2005. d. *Submitted By:* Consumers Energy Company—current licensee. e. *Name of Project:* Calkins Bridge Hydroelectric Project. f. *Location:* On the Kalamazoo River, in Allegan County, Michigan. The project does not occupy Federal lands of the United States. g. *Filed Pursuant to:* Section 15 of the Federal Power Act. h. *Licensee Contact:* David C. McIntosh, Consumers Energy Company, Hydro Generation, 330 Chestnut Street, Cadillac, MI 49601

(231)779-5504. i. *FERC Contact:* Tim Konnert,

(202)502-6359, *timothy.konnert@ferc.gov* . j. *Effective Date of Current License:* September 10, 1980. k. *Expiration Date of Current License:* April 10, 2010. l. *The Project Consists of the Following Existing Facilities:*

(1)A 42-foot-high, 1,330-foot-long dam comprised of:

(i)A 1,100-foot-long earth filled embankment and

(ii)a 230-foot-long integral powerhouse and gated spillway section topped with six Taintor gates;

(2)a 8.5-mile-long, 1,550 acre reservoir with a normal water surface elevation of 615.0 feet;

(3)a powerhouse containing three generating units with a total installed capacity of 2,550 kW; and

(4)appurtenant facilities. m. The licensee states its unequivocal intent to submit an application for a new license for Project No. 785. Pursuant to 18 CFR 16.8, 16.9, and 16.10 each application for a new license and any competing license applications must be filed with the Commission at least 24 months prior to the expiration of the existing license. All applications for license for this project must be filed by April 10, 2008. n. 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. o. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support as shown in the paragraph above. p. By this notice, the Commission is seeking corrections and updates to the attached mailing list for the Calkins Bridge Project. Updates should be filed with Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Magalie R. Salas, Secretary. [FR Doc. E5-3700 Filed 7-12-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. RP05-267-001, RP97-406-034, RP00-15-006, RP00-344-005 and RP00-632-016] Dominion Transmission, Inc.; Notice of Compliance Filing July 6, 2005. Take notice that on June 28, 2005, Dominion Transmission, Inc.

(DTI)submitted a compliance filing pursuant to the Commission's Order Approving Uncontested Settlement issued on May 27, 2005, in the above proceedings. DTI states that copies of the filing were served on parties on the official service list. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive 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. Magalie R. Salas, Secretary. [FR Doc. E5-3703 Filed 7-12-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-422-000] El Paso Natural Gas Company; Notice of Tariff Filing July 6, 2005. Take notice that on June 30, 2005, El Paso Natural Gas Company

(EPNG)tendered for filing as part of its FERC Gas Tariff, Volume No. 1-A, the tariff sheets listed in the Appendix to the filing, with an effective date of August 1, 2005, but may become effective January 1, 2006 if suspended for five months by EPNG. EPNG states that the proposed changes will result in an increase of approximately 10.5% based on the 12-month period ending March 31, 2005, as adjusted. 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 email *FERCOnlineSupport@ferc.gov* , or call

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

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-3705 Filed 7-12-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP02-361-052] Gulfstream Natural Gas System, L.L.C.; Notice of Negotiated Rate July 6, 2005. Take notice that on June 29, 2005, Gulfstream Natural Gas System, L.L.C. (Gulfstream) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, Original Sheet No. 8.01q, reflecting an effective date of July 1, 2005. Gulfstream states that copies of its filing have been mailed to all affected customers and interested state commissions. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call

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

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-3702 Filed 7-12-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-425-000] National Fuel Gas Supply Corporation; Notice of Tariff Filing July 6, 2005. Take notice that on June 30, 2005, National Fuel Gas Supply Corporation (National) tendered for filing as part of its FERC Gas Tariff, Fourth Revised Volume No. 1, Seventy Eighth Revised Sheet No. 9 the following tariff sheet to become effective July 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 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. E5-3695 Filed 7-12-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ES05-34-000] Neptune Regional Transmission; Notice of Application for Issuance of Securities July 5, 2005. Take notice that on July 5, 2005, Neptune Regional Transmission System, L.L.C. submitted an application pursuant to section 204 of the Federal Power Act requesting that the Commission authorize it to

(i)issue up to $550 million in senior secured notes;

(ii)incur reimbursement obligations in the form of senior secured loans with respect to drawings made under letters of credit issued on behalf of Neptune with a face value of up to $52 million; and

(iii)issue limited liability company membership interests. The Applicant has requested that the Commission issue an order no later than July 12, 2005. Any person desiring to intervene or to protest in the above proceeding 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 pm 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 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 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 Street, NE., Washington, DC 20426. The filing in the above proceeding is accessible in the Commission's eLibrary system. It is 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. *Comment Date:* 5 p.m. Eastern Time on July 11, 2005. Magalie R. Salas, Secretary. [FR Doc. E5-3698 Filed 7-12-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP01-205-009] Southern Natural Gas Company; Notice of Negotiated Rate Tariff Filing July 6, 2005. Take notice that on June 30, 2005, Southern Natural Gas Company (Southern) tendered for filing the tariff sheets set forth below to reflect:

(i)The expiration of one negotiated rate arrangement,

(ii)changes in existing negotiated rate arrangements; and

(iii)the addition of two new negotiated rate arrangements. Third Revised Sheet No. 23A, July 1, 2005. Third Revised Sheet No. 23J, June 1, 2005. Fourth Revised Sheet No. 23J, July 1, 2005. Southern requests that the Commission grant such approval of the tariff sheets effective June 1, 2005 or July 1, 2005, as set forth above. 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. E5-3701 Filed 7-12-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP05-356-001] Tennessee Gas Pipeline Company; Notice of Compliance Filing July 6, 2005. Take notice that on June 30, 2005, Tennessee Gas Pipeline Company (Tennessee) tendered for filing as part of its FERC Gas Tariff, Original Volume No. 2, First Revised Sheet No. 1189, with an effective date of June 24, 2005. Tennessee states that the filing is being made in compliance with the Commission's June 24, 2005 Order Approving Amendment to Service Agreement. Any person desiring to protest this filing must file in accordance with Rule 211 of the Commission's Rules of Practice and Procedure (18 CFR 385.211). Protests to this filing will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Such protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing a protest must serve a copy of that document on all the parties to the proceeding. The Commission encourages electronic submission of protests in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive 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. Magalie R. Salas, Secretary. [FR Doc. E5-3706 Filed 7-12-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP05-408-000] Texas Eastern Transmission, LP; Notice of Proposed Changes in FERC Gas Tariff July 6, 2005. Take notice that on June 30, 2005, Texas Eastern Transmission, LP (Texas Eastern) tendered for filing as part of its FERC Gas Tariff, Seventh Revised Volume No. 1 and First Revised Volume No. 2, revised tariff sheets, as listed on Appendix B to the filing, to become effective August 1, 2005. Texas Eastern states that these revised tariff sheets are filed pursuant to section 15.1, Electric Power Cost

(EPC)Adjustment, of the General Terms and Conditions of Texas Eastern's FERC Gas Tariff, Seventh Revised Volume No. 1. Texas Eastern states that copies of its filing have been served upon all customers of Texas Eastern and interested state commissions. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed in accordance with the provisions of Section 154.210 of the Commission's regulations (18 CFR 154.210). Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov* , using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email *FERCOnlineSupport@ferc.gov* , or call

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

(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E5-3704 Filed 7-12-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 12053-001] West Valley Hydroelectric Project; Notice of Extension of Time To Submit Scoping Comments July 6, 2005. The Commission has extended the scoping comment period for the West Valley Project, to allow time for all interested parties to review the transcripts for the scoping meetings held on June 15, 2005. The deadline for filing scoping comments is now July 25, 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. Scoping comments may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *http://www.ferc.gov* ) through the Commission's eLibrary using the “Documents & Filing” link. Procedural schedule: The application will be processed according to the following schedule. Revisions to the schedule may be made as appropriate. Major milestone Target date Scoping Comments due July 25, 2005. Additional Information Request

(AIR)August 2005. AIR Response due from Applicant November 2005. Notice that application is ready for environmental analysis November 2005. Comments, Terms and Conditions due January 2006. Reply Comments due March 2006. Environmental Assessment Issued April 2006. Ready for Commission's decision on the application June 2006. Magalie R. Salas, Secretary. [FR Doc. E5-3699 Filed 7-12-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL05-109-000] Tax Deduction for Manufacturing Activities Under the American Jobs Creation Act of 2004; Errata Notice July 6, 2005. On June 2, 2005, the Commission issued a Guidance Order 1 on the Tax Deduction for Manufacturing Activities under the American Jobs Creation Act of 2004. 2 1 111 FERC ¶ 61,351

(2005)(June 2 Order). 2 Pub. L. 108-357, 118 Stat. 1418

(2004)(adding additional section 199 to the Internal Revenue Code, 26 U.S.C. 1 *et seq.* (2000)). The last sentence of paragraph number 2 is revised as follows:

(1)The phrase “equivalent of reducing” is replaced by the phrase “9 percent of qualified production activity income and could reduce,” and

(2)the phrase “from 35 percent to 32 percent” is eliminated. By direction of the Commission. Magalie R. Salas, Secretary. [FR Doc. E5-3696 Filed 7-12-05; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [OAR-2005-0135 FRL-7937-8] Agency Information Collection Activities: Proposed Collection; Comment Request; Recordkeeping and Reporting for the Performance-Based Qualification of Test Methods for Diesel Fuel, EPA ICR Number 2180.02, OMB Control Number 2060-0566 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 a proposed Information Collection Request

(ICR)to the Office of Management and Budget (OMB). This is a request to renew an existing, approved “emergency” collection. This ICR is scheduled to expire on September 30, 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 September 12, 2005. ADDRESSES: Submit your comments, referencing docket ID number OAR-2005-0135, to EPA online using EDOCKET (our preferred method), by e-mail to a-and-r-docket@epa.gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Air and Radiation Docket (6102T), 1200 Pennsylvania Ave., NW., Washington, DC 20460. FOR FURTHER INFORMATION CONTACT: Anne Pastorkovich, Attorney/Advisor, Environmental Protection Agency, Transportation & Regional Programs Division (6406J), 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-343-9623; fax number: 202-343-2801; e-mail address: *pastorkovich.anne-marie@epa.gov.* SUPPLEMENTARY INFORMATION: EPA has established a public docket for this ICR under Docket ID number OAR-2005-0135, which is available for public viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is

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

(202)566-1742. An electronic version of the public docket is available through EPA Dockets (EDOCKET) at *http://www.epa.gov/edocket* . Use EDOCKET to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA within 60 days of this notice. EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public 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 EDOCKET. The entire printed comment, including the copyrighted material, will be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA's **Federal Register** notice describing the electronic docket at 67 FR 38102 (May 31, 2002), or go to *http://www.epa.gov/edocket.* *Affected entities:* Entities potentially (with SIC Code/2002 NAICS Code) affected by this action are as follows: Refiners (2911/324110), importers (5172/424720), and laboratories (8734/541380). *Title:* Recordkeeping and Reporting for the Performance-Based Qualification of Test Methods for Diesel Fuel *Abstract:* With this information collection request (ICR), the Office of Air and Radiation

(OAR)is seeking permission to continue to collect applications from refiners, importers, and independent laboratories in order to permit them to use performance-based test methods for measuring sulfur in diesel fuel and detecting the presence of a marker in diesel sold as heating oil. An emergency ICR is in effect through September 2005. In the past, we would set up a designated test method for measuring compliance with various fuel parameters. Typically, this test method was an American Society for Testing and Materials

(ASTM)procedure that our laboratory used. Regulated parties would have to use the same method. In certain circumstances, alternative test methods were named. If a regulated party used an alternative test method, all results would have to be correlated to the designated test method. Simply put, the party would have to develop and apply a correlation equation to all its results to bring them in line with the designated test method. The recent regulations for diesel fuel incorporated a performance-based test method approach. See “Air Pollution Control; New Motor Vehicles and Engines: Nonroad Diesel Engines and Fuel; Emissions Standards,” 69 FR 38957 (June 29, 2004). This approach sets up accuracy and precision criteria, but permits regulated parties to qualify their laboratories to use their own test methods. Industry supports this approach and welcomes it as a first step to a more comprehensive performance-based approach to test method issues. In order to be qualified to use a test method, a refiner's or importer's laboratory or an independent laboratory will have to submit certain information to us. Unfortunately, these reporting provisions were not included in the information collection request for that final rule. The first day by which regulated parties may comply was December 27, 2004 and many were waiting to submit applications, so we submitted an emergency ICR request to OMB to permit us to accept applications until September 2005. This supporting statement has been prepared to support our “regular” ICR request, to take us beyond the emergency clearance's expiration date. 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 in 40 CFR are listed in 40 CFR part 9. 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 the 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 submission of responses. *Burden Statement:* We estimate the total annual respondent burden associated with this proposed collection to be 46,500 hours and $3,023,000 (of which $0 is capital and maintenance cost or “O&M.”) It is assumed that there will be 225 respondents, averaging one response each, and averaging 180 hours per response. We estimate an annual cost burden to the Agency of 659 hours and $44,500. For a more detailed explanation of our assumptions and estimates, please refer to the draft supporting statement in the docket. Burden means the 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: July 6, 2005. Jeffrey R. Holmstead, Assistant Administrator, Office of Air and Radiation. [FR Doc. 05-13775 Filed 7-12-05; 8:45 am]

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