Notices. Notice of opportunity for public hearing and comment
8,128 words·~37 min read·
/register/2005/07/18/05-14069A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6820-EP-S DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL00-95-133 and EL00-98-120] California Independent System Operator; Notice of Filing July 12, 2005. Take notice that on June 30, 2005, the California Independent System Operator (CAISO) tendered for filing an informational filing to correct a clerical error found in the ISO Tariff, specifically, in Tariff Section 5.11.6.1.4. 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 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 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. on July 21, 2005. Linda Mitry, Deputy Secretary. [FR Doc. E5-3795 Filed 7-15-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC05-101-000] Central Mississippi Generating Company, LLC; Attala Transmission LLC; Notice of Filing July 11, 2005. Take notice that on June 29, 2005, Central Mississippi Generating Company, LLC and Attala Transmission LLC (together, the Applicants) filed with the Commission a joint application pursuant to section 203 of the Federal Power Act for authorization of a disposition by sale of jurisdictional interconnection facilities located in Attala County, Mississippi. The Applicants requests an effective date of October 1, 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 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 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. on July 20, 2005. Linda Mitry, Deputy Secretary. [FR Doc. E5-3789 Filed 7-15-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR05-9-000] Flint Hills Resources Alaska, LLC, et al.; Notice of Complaint and Request for Fast Track Processing July 12, 2005. Take notice that on July 11, 2005, Flint Hills Resources Alaska, LLC tendered for filing a Complaint, Request for Refunds or Reparations, and Request for Fast Track Processing against ConocoPhillips Alaska, Inc., Exxo Mobil Corporation, Tesoro Alaska Company, BP America Production Company, BP Exploration (Alaska) Inc., OXY USA Inc., Union Oil Company of California, Petro Star Inc., State of Alaska, BP Pipelines (Alaska) Inc., ConocoPhillips Transportation Alaska, Inc., ExxonMobil Pipeline Company, Koch Alaska Pipeline Company LLC, and Unocal Pipeline Company, Flint Hills Resources Alaska, LLC alleges that the portion of the Trans Alaska Pipeline System
(TAPS)Quality Bank methodology relating to the valuation of the West Coast vacuum gas oil
(VGO)cut is unjust and unreasonable under the Interstate Commerce Act and is otherwise unlawful. Flint Hill Resources Alaska, LLC requests the Commission immediately institute a new reference price of West Coast VGO, grant refunds, reparations, damages and other appropriate relief. Flint Hills Resources Alaska, LLC states that copies of the Complaint were served on the contacts for the listed 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 comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all parties to this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. *Comment Date:* 5 p.m. eastern time on August 1, 2005. Linda Mitry, Deputy Secretary. [FR Doc. E5-3798 Filed 7-15-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [ Docket No. EL02-23-007] New York Independent System Operator, Inc.; Notice of Compliance Filing July 12, 2005. Take notice that on July 1, 2005, New York Independent System Operator, Inc. (NYISO), in compliance with the Commission's May 18, 2005 Order, FERC ¶ 61,228 (2005), submitted revised Market Monitoring Plan and Open Access Transmission Tariff sheets with an effective date of July 1, 2005. NYISO states that copies of this filing are being served, via first class mail, on all parties designated on the official service list maintained by the Secretary of the Commission in this proceeding and on the Pennsylvania Public Utility Commission. 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 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 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. on July 21, 2005. Linda Mitry, Deputy Secretary. [FR Doc. E5-3796 Filed 7-15-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER05-89-004] Upper Peninsula Power Company; Notice of Compliance Filing July 12, 2005. Take notice that on June 1, 2005, Upper Peninsula Power Company, (UPPCO) tendered for filing a refund report in compliance with the Commission's March 25, 2005 order in Docket No. ER95-1528-010, *et al., Wisconsin Public Service Corporation, et al.,* 110 FERC ¶ 61,353 (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 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 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. on July 22, 2005. Linda Mitry, Deputy Secretary. [FR Doc. E5-3797 Filed 7-15-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 July 11, 2005. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER01-373-002. *Applicants:* Tiger Natural Gas, Inc. *Description:* Tiger Natural Gas Inc. submits petition for acceptance of initial rate schedule, waivers, and blanket authority to engage in wholesale and retail electric power and energy transaction as a marketer. *Filed Date:* 06/28/2005. *Accession Number:* 20050708-0190. *Comment Date:* 5 p.m. eastern time on Tuesday, July 19, 2005. *Docket Numbers:* ER01-389-003. *Applicants:* Calumet Energy Team, LLC. *Description:* Calumet Energy Team, LLC
(CET)submits notification of certain changes in the characteristics relied upon to grant market-based rate authority to CET and revised tariff sheets to incorporate housekeeping changes. *Filed Date:* 06/30/2005. *Accession Number:* 20050707-0239. *Comment Date:* 5 p.m. eastern time on Thursday, July 21, 2005. *Docket Numbers:* ER01-1527-008; ER01-1529-008. *Applicants:* Nevada Power Company; Sierra Pacific Power Company *Description:* Nevada Power Company and Sierra Pacific Power Company submit an informational filing regarding change in status reporting obligation. *Filed Date:* 06/30/2005. *Accession Number:* 20050707-0240. *Comment Date:* 5 p.m. eastern time on Thursday, July 21, 2005. *Docket Numbers:* ER02-2330-037. *Applicants:* New England Power Pool Participants Committee; ISO New England Inc. *Description:* New England Power Pool Participants Committee and ISO New England Inc., pursuant to the Commission's order issued 12/21/04 (109 FERC ¶ 61,322 (2004)), submit a compliance filing addressing the plans and proposed timetable for implementing the special case nodal pricing. *Filed Date:* 06/30/2005. *Accession Number:* 20050708-0168. *Comment Date:* 5 p.m. eastern time on Thursday, July 21, 2005. *Docket Numbers:* ER03-345-005. *Applicants:* New England Power Pool Participants Committee. *Description:* ISO New England Inc submits its semi-annual status report on load response programs. *Filed Date:* 06/30/2005. *Accession Number:* 20050707-0241. *Comment Date:* 5 p.m. eastern time on Thursday, July 21, 2005. *Docket Numbers:* ER04-1174-004. *Applicants:* Xcel Energy Operating Companies. *Description:* Xcel Energy Services Inc on behalf of its operating company affiliates, Public Service Company of Colorado and Southwestern Public Service Company submits revised tariff sheets in compliance with the Commission's 5/19/05 order, 111 FERC ¶ 61,230 (2005). *Filed Date:* 06/30/2005. *Accession Number:* 20050708-0185. *Comment Date:* 5 p.m. eastern time on Thursday, July 21, 2005. *Docket Numbers:* ER05-1186-000. *Applicants:* Oklahoma Gas & Electric Company. *Description:* Oklahoma Gas and Electric Company submits First Revised Rate Schedule FERC 146, certificate of concurrence regarding an agreement between Oklahoma Municipal Power Authority and Oklahoma Gas and Electric Company regarding credit for facilities and charges for direct assignment facilities, and attachment A, B and C. *Filed Date:* 06/30/2005. *Accession Number:* 20050706-0173. *Comment Date:* 5 p.m. eastern time on Thursday, July 21, 2005. *Docket Numbers:* ER05-1187-000. *Applicants:* NorthWestern Energy. *Description:* NorthWestern Corporation d/b/a NorthWestern Energy submits a notice of cancellation of its Service Agreement 4-SD under its FERC Electric Tariff, Original Volume No. 1 (SD), NorthWestern Energy's Rate Schedule WS-1. *Filed Date:* 06/30/2005. *Accession Number:* 20050706-0150. *Comment Date:* 5 p.m. eastern time on Thursday, July 21, 2005. *Docket Numbers:* ER05-1188-000. *Applicants:* Midwest Energy, Inc. *Description:* Midwest Energy, Inc. submits a notice of cancellation of FERC Rate Schedule 19, an Electric Power, Transmission and Service Contract between Midwest Energy and the Kansas Electric Power Cooperative, Inc. *Filed Date:* 06/30/2005. *Accession Number:* 20050706-0148. *Comment Date:* 5 p.m. eastern time on Thursday, July 21, 2005. *Docket Numbers:* ER05-1191-000. *Applicants:* Union Power Partners, L.P. *Description:* Union Power Partners LP submits revisions to its FERC Electric Tariff Original Volume No. 1 by removing Original First Revised Sheet 2, which is the statement of policy and code of conduct with respect to the relationship between Union Power and Tampa Electric Company. *Filed Date:* 06/30/2005. *Accession Number:* 20050708-0175. *Comment Date:* 5 p.m. eastern time on Thursday, July 21, 2005. *Docket Numbers:* ER05-1146-001. *Applicants:* Shiloh I Wind Project LLC. *Description:* Shiloh I Wind Project LLC submits a revision to its original application filed on 6/24/05 in ER05-1146-000. *Filed Date:* 06/30/2005. *Accession Number:* 20050708-0189. *Comment Date:* 5 p.m. eastern time on Thursday, July 21, 2005. *Docket Numbers:* ER05-513-002. *Applicants:* PJM Interconnection L.L.C. *Description:* PJM Interconnection, L.L.C. Transmission Owners, acting through the PJM and West Transmission Owners, submits revisions toi the PJM Open Access Transmission Tariff in compliance with the Commission's 5/31/05 order, 111 FERC ¶ 61,308 (2005). *Filed Date:* 06/30/2005. *Accession Number:* 20050708-0186. *Comment Date:* 5 p.m. eastern time on Thursday, July 21, 2005. *Docket Numbers:* ER05-651-002. *Applicants:* Southwest Power Pool, Inc. *Description:* Southwest Power Pool, Inc. submits information relating to its 5/17/05 filing of an executed large generator interconnection agreement between SPP, FPL Energy Cowboy Wind, LLC and Public Service Company of Oklahoma. *Filed Date:* 06/30/2005. *Accession Number:* 20050707-0135. *Comment Date:* 5 p.m. eastern time on Thursday, July 21, 2005. *Docket Numbers:* ER05-665-002. *Applicants:* Barrick Goldstrike Mines Inc. *Description:* Barrick Goldstrike Mines Inc. submits an amendment to its 4/26/05 filing in response to the Deficiency Letter issued by FERC on 6/23/05. *Filed Date:* 07/06/2005. *Accession Number:* 20050708-0200. *Comment Date:* 5 p.m. eastern time on Wednesday, July 18, 2005. *Docket Numbers:* ER05-1086-001. *Applicants:* ISO New England Inc. *Description:* ISO New England, Inc submits an amendment to its 6/7/05 filing in Docket No. ER05-1086-000. *Filed Date:* 06/29/2005. *Accession Number:* 20050708-0188. *Comment Date:* 5 p.m. eastern time on Wednesday, July 20, 2005. *Docket Numbers:* ER95-1528-012; ER96-1088-037; ER01-2659-006; ER02-2199-004; ER03-54-004; ER03-55-004; ER03-56-004; ER96-1858-017; ER03-674-004; ER99-3420-006; ER99-1936-005; ER01-1114-005; ER97-2758-012; ER05-89-005. *Applicants:* Wisconsin Public Service Corporation; WPS Power Development, LLC and WPS Energy Services, Inc.; Combined Locks Energy Center, LLC; WPS Empire State, Inc.; WPS Beaver Falls Generation, LLC; WPS Niagara Generation, LLC; WPS Syracuse Generation, LLC; Mid-American Power, LLC; Quest Energy, LLC; Sunbury Generation, LLC; WPS Canada Generation, Inc. and WPS New England Generation, Inc.; WPS Westwood Generation, LLC; Advantage Energy, Inc.; Upper Peninsula Power Company. *Description:* WPS Resources Corporation, on behalf of Wisconsin Public Service Corporation and its other subsidiaries listed above, submit a notice of change in status for market-based rate authority. *Filed Date:* 06/30/2005. *Accession Number:* 20050708-0184. *Comment Date:* 5 p.m. eastern time on Thursday, July 21, 2005. *Docket Numbers:* ER96-3107-017. *Applicants:* SE Holdings, LLC. *Description:* Strategic Energy, LLC submits the market power update regarding SE Holdings, LLC in compliance with the Commission's order issued 5/31/05, 111 FERC ¶ 61,295 (2005). *Filed Date:* 06/30/2005. *Accession Number:* 20050707-0244. *Comment Date:* 5 p.m. eastern time on Thursday, July 21, 2005. *Docket Numbers:* ER99-230-009; ER03-762-009; ER03-533-002. *Applicants:* Alliant Energy Corporate Services, Inc.; Alliant Energy Neenah, LLC. *Description:* Alliant Energy Corporate Services, Inc. (AECS), on behalf of itself and Alliant Energy Neenah, LLC (Alliant Energy Neenah), submits a notice of change in status with respect to AECS's and Alliant Energy Neehah's market-based rate authority. *Filed Date:* 06/30/2005. *Accession Number:* 20050707-0238. *Comment Date:* 5 p.m. eastern time on Thursday, July 21, 2005. *Docket Numbers:* ER99-2774-005. *Applicants:* Duke Energy Trading and Marketing, L.L.C. *Description:* Duke Energy Trading and Marketing, L.L.C. submits revisions to its market-based rate tariff to include the reporting requirement for changes in status adopted in Order 652. *Filed Date:* 06/29/2005. *Accession Number:* 20050708-0187. *Comment Date:* 5 p.m. eastern time on Wednesday, July 20, 2005. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, 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 *FERCOnlineSupport@ferc.gov.* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Linda Mitry, Deputy Secretary. [FR Doc. E5-3790 Filed 7-15-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2 July 12, 2005. Take notice that the Commission received the following electric rate filings: *Docket Numbers:* ER00-167-002. *Applicants:* Strategic Energy Management Corporation. *Description:* Strategic Energy Management Corporation submits its updated market power study and a revised market-based rate tariff to include the Market Behavior Rules and the reporting requirements adopted by the Commission in Order No. 652. *Filed Date:* 07/05/2005. *Accession Number:* 20050708-0163. *Comment Date:* 5 p.m. eastern time on Tuesday, July 26, 2005. *Docket Numbers:* ER00-2019-017, ER01-819-009, ER03-608-006. *Applicants:* California Independent System Operator Corporation *Description:* California Independent System Operator Corporation submits revised tariff sheets in compliance with the Commission's orders issued 12/21/04, 109 FERC ¶ 61,301
(2004)and 6/2/05, 111 FERC ¶ 61,337 (2005). *Filed Date:* 07/05/2005. *Accession Number:* 20050708-0183. *Comment Date:* 5 p.m. eastern time on Tuesday, July 26, 2005. *Docket Numbers:* ER01-205-009, ER98-2640-007, ER98-4590-005, ER99-1610-012. *Applicants:* Xcel Energy Services, Inc.; Northern States Power Company and Northern States Power Company (Wisconsin); Public Service Company of Colorado; Southwestern Public Service Company. *Description:* Xcel Energy Services, Inc., on behalf of itself and Northern States Power Company, Northern States Power Company, Northern States Power Company (Wisconsin), Public Service Company of Colorado, and Southwestern Public Service Company, submits a compliance filing pursuant to the Commission's 6/2/05 order, 111 FERC ¶ 61,343 (2005). *Filed Date:* 07/05/2005. *Accession Number:* 20050712-0278. *Comment Date:* 5 p.m. eastern time on Tuesday, July 26, 2005. *Docket Numbers:* ER05-366-001. *Applicants:* Sierra Pacific Power Company. *Description:* Sierra Pacific Power Company submits withdrawal of application filed 12/21/04. *Filed Date:* 07/05/2005. *Accession Number:* 20050705-5029. *Comment Date:* 5 p.m. eastern time on Tuesday, July 26, 2005. *Docket Numbers:* ER01-542-001. *Applicants:* STI Capital Company. *Description:* STI Capital Company submits its triennial market power review in support of its market-based rate authority and revised market-based rate tariff to incorporate Market Behavior Rules and reporting requirements adopted by the Commission in Order 652. *Filed Date:* 07/06/2005. *Accession Number:* 20050708-0171. *Comment Date:* 5 p.m. eastern time on Wednesday, July 27, 2005. *Docket Numbers:* ER05-1151-001, ER05-226-003. *Applicants:* Southwest Power Pool, Inc. *Description:* Southwest Power Pool, Inc. submits an amendment to its 6/27/05 filing of a revised Interchange and Interconnection Agreement between Grand Revised Dam Authority, Public Service Co of Oklahoma and SPP in Docket Nos. ER05-1151-000 and ER05-226-002. *Filed Date* : 07/06/2005. *Accession Number* : 20050711-0065. *Comment Date* : 5 p.m. eastern time on Wednesday, July 27, 2005. *Docket Numbers:* ER05-1193-000, ER05-237-002, ER05-238-002, ER05-239-002, ER05-240-003, ER05-241-002, EL05-70-004. Applicants: American Transmission Company, LLC; Midwest Independent Transmission System Operator, Inc. *Description:* Midwest Independent Transmission System Operator, Inc. submits proposed revisions to Attachment H-1 of its OATT and Energy Markets Tariff, FERC Electric Tariff, Third Revised Volume No. 1, to reflect the addition of several Distribution-Transmission Interconnection Agreements by and between American Transmission Company, LLC and various municipal distribution systems as service agreements under the MISO Energy Markets Tariff. *Filed Date:* 07/05/2005. *Accession Number:* 20050708-0172. *Comment Date:* 5 p.m. eastern time on Tuesday, July 26, 2005. *Docket Numbers:* ER05-1194-000. *Applicants:* Yaka Energy LLC. *Description:* Yaka Energy, LLC submits a petition of acceptance of initial Rate Schedule FERC No. 1 under which it will engage in wholesale electric power and energy transactions as a marketer, the granting of certain waivers and certain blanket authority approvals. *Filed Date:* 07/05/2005. *Accession Number:* 20050711-0078. *Comment Date:* 5 p.m. eastern time on Tuesday, July 26, 2005. *Docket Numbers:* ER05-1195-000. *Applicants:* Silverhill LTD. *Description:* Silverhill Ltd. submits its petition for acceptance of initial Rate Schedule FERC No. 1 under which it will engage in wholesale electric power and energy transactions as a marketer, the granting of certain waivers and blanket authority approvals under ER05-1195. *Filed Date:* 07/05/2005. *Accession Number:* 20050711-0077. *Comment Date:* 5 p.m. eastern time on Tuesday, July 26, 2005. *Docket Numbers:* ER05-1196-000. *Applicants:* PJM Interconnection, LLC. *Description:* PJM Interconnection, LLC submits an executed interim interconnection service agreement with Calvert Cliffs Nuclear Power Plant, Inc. and Baltimore Gas and Electric Company and notice of cancellation of an interim interconnection service agreement. *Filed Date:* 07/05/2005. *Accession Number:* 20050711-0079. *Comment Date:* 5 p.m. eastern time on Tuesday, July 26, 2005. *Docket Numbers:* ER05-1197-000. *Applicants:* Northern States Power Company. *Description:* Xcel Energy Services, Inc on behalf of Northern States Power Co submits a notice of cancellation terminating the Arpin Substation Benefit Area Joint Operating, Planning & Cost Sharing Agreement, FERC electric rate Schedule 473 dated 6/1/88 between NSP and the City of Marshfield, a Wisconsin municipal corporation acting by and thru the Marshfield Electric & Water Department, Wisconsin Power and Light Company, and Wisconsin Electric Power Company. *Filed Date:* 07/05/2005. *Accession Number:* 20050711-0076. *Comment Date:* 5 p.m. eastern time on Tuesday, July 26, 2005. *Docket Numbers:* ER05-1198-000. *Applicants:* AMVEST Coal Sales, Inc. *Description:* AMVEST Coal Sales, Inc. submits a notice of cancellation of its market-based rate tariff. *Filed Date:* 07/05/2005. *Accession Number:* 20050711-0075. *Comment Date:* 5 p.m. eastern time on Tuesday, July 26, 2005. *Docket Numbers:* ER05-1199-000. *Applicants:* Carolina Power & Light Company. *Description:* Carolina Power & Light Company d/b/a Progress Energy Carolinas, Inc. submits Third Revised Rate Schedule 121, the power coordination agreement with North Carolina Eastern Municipal Power Agency. *Filed Date:* 07/06/2005. *Accession Number:* 20050711-0057. *Comment Date:* 5 p.m. eastern time on Wednesday, July 27, 2005. *Docket Numbers:* ER05-939-001. *Applicants:* Vesta Trading LP. *Description:* Vesta Trading LP's amended petition for acceptance of initial rate schedule waivers and blanket authority requesting acceptance of FERC Electric Tariff, Original Volume 1 amending its original filing of 5/5/05 in Docket No. ER05-939-000. *Filed Date:* 07/05/2005. *Accession Number:* 20050707-0129. *Comment Date:* 5 p.m. eastern time on Tuesday, July 26, 2005. *Docket Numbers:* ER05-953-001. *Applicants:* Phelps Dodge Power Marketing, LLC. *Description:* Phelps Dodge Power Marketing, LLC submits a supplement to its Application for Market-based Rate Authorization, Certain Waivers and Blanket Authorizations filed 5/10/05 in Docket No. ER05-953-000. *Filed Date:* 07/06/2005. *Accession Number:* 20050711-0240. *Comment Date:* 5 p.m. eastern time on Wednesday, July 27, 2005. *Docket Numbers:* ER05-981-001. *Applicants:* Pocono Energy Services, LLC. *Description:* Pocono Energy Services LLC submits an amended Petition for Acceptance of Initial Rate Schedule, Waivers and Blanket Authority filed 5/18/05 in Docket No. ER05-981-000. *Filed Date:* 07/05/2005. *Accession Number:* 20050708-0173. *Comment Date:* 5 p.m. eastern time on Tuesday, July 26, 2005. *Docket Numbers:* ER05-991-001. *Applicants:* Commonwealth Chesapeake Company, LLC *Description:* Commonwealth Chesapeake Company, LLC's submits an amendment to its 5/19/05 filing in Docket No. ER05-991-000 of notification of change in characteristics relied upon to grant revised market-based rate tariff. *Filed Date:* 07/06/2005. *Accession Number:* 20050711-0069. *Comment Date:* 5 p.m. eastern time on Wednesday, July 27, 2005. *Docket Numbers:* ER94-1188-036, ER98-4540-005, ER99-1623-005, ER98-1279-007. *Applicants:* LG&E Energy Marketing Inc.; Louisville Gas & Electric Company; Kentucky Utilities Company; Western Kentucky Energy Corporation. *Description:* LG&E Energy Marketing Inc., Louisville Gas & Electric Company, Kentucky Utilities Company and Western Kentucky Energy Corporation submit their second and final filing in compliance with FERC's 5/5/05 order, 111 FERC ¶61,153 (2005). *Filed Date:* 07/05/2005. *Accession Number:* 20050708-0137. *Comment Date:* 5 p.m. eastern time on Tuesday, July 26, 2005. *Docket Numbers:* ER96-1551-013; ER01-615-009. *Applicants:* Public Service Company of New Mexico. *Description:* Public Service Company of New Mexico submits its change in status report relating to its completion of the acquisition by Resources of TNP Enterprises, Inc. *Filed Date:* 07/06/2005. *Accession Number:* 20050711-0063. *Comment Date:* 5 p.m. eastern time on Wednesday, July 27, 2005. *Docket Numbers:* ER99-2506-003. *Applicants:* Deseret Generation & Trans Co-operative, Inc. *Description:* Deseret Generation & Transmission Co-operative, Inc submits its second updated triennial market power analysis in accordance with FERC's Order dated 5/27/99 in Docket No. ER99-2506-000. *Filed Date:* 06/30/2005. *Accession Number:* 20050708-0201. *Comment Date:* 5 p.m. eastern time on Thursday, July 21, 2005. *Docket Numbers:* ER99-2923-003. *Applicants:* Phelps Dodge Energy Services, LLC. *Description:* Phelps Dodge Energy Services, LLC submits a supplement to its triennial update market analysis and notice of change in status filed on 5/10/05 in Docket No. ER99-2923-002. *Filed Date:* 07/06/2005. *Accession Number:* 20050708-0049. *Comment Date:* 5 p.m. eastern time on Wednesday, July 27, 2005. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, 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 *FERCOnlineSupport@ferc.gov.* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Linda Mitry, Deputy Secretary. [FR Doc. E5-3799 Filed 7-15-05; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 July 12, 2005. Take notice that the Commission received the following electric rate filings. *Docket Numbers:* ER01-205-008; ER98-2640-006; ER98-4590-004; ER99-1610-011. *Applicants:* Xcel Energy Services, Inc.; Northern States Power Company and Northern States Power Company (Wisconsin); Public Service Company of Colorado; Southwestern Public Service Company. *Description:* Xcel Energy Services, Inc., on behalf of itself and Xcel Energy Operating Companies, namely Northern States Power Company, Northern States Power Company (Wisconsin), Public Service Company of Colorado, and Southwestern Public Service Company submits a change in status report and compliance filing. *Filed Date:* 7/1/2005. *Accession Number:* 20050708-0162. *Comment Date:* 5 p.m. eastern time on Friday, July 22, 2005. *Docket Numbers:* ER01-3155-008; EL01-45-016; ER01-1385-017. *Applicants:* New York Independent System Operator, Inc. *Description:* New York Independent System Operator, Inc. submits revised tariff sheets in compliance with the Commission's 6/16/05 order, 111 FERC 61,399 (2005). *Filed Date:* 7/1/2005. *Accession Number:* 20050708-0167. *Comment Date:* 5 p.m. eastern time on Friday, July 22, 2005. *Docket Numbers:* ER02-1785-003. *Applicants:* Thermo Cogeneration Partnership L.P. *Description:* Thermo Cogeneration Partnership, L.P. submits its triennial market power analysis in support of its market-based rate authorization and revised tariff sheets to incorporate the requirements of Order No. 652. *Filed Date:* 7/1/2005. *Accession Number:* 20050707-0131. *Comment Date:* 5 p.m. eastern time on Friday, July 22, 2005. *Docket Numbers:* ER04-901-001. *Applicants:* Entergy Services, Inc. *Description:* Entergy Services, Inc., as agent for the Entergy Operating Companies, submits revised tariff sheets in compliance with the Commission's order issued 6/1/05, 111 FERC 61,314 (2005). *Filed Date:* 7/1/2005. *Accession Number:* 20050706-0172. *Comment Date:* 5 p.m. eastern time on Friday, July 22, 2005. *Docket Numbers:* ER05-6-031; EL04-135-033; EL02-111-051; EL03-212-047 *Applicants:* Midwest Independent Transmission System Operator, Inc. *Description:* Midwest Independent Transmission System Operator, Inc. submits proposed revisions to its Open Access Transmission and Energy Market Tariffs, FERC Electric Rate, Third Revised Volume 1, in compliance with the Commission's order issued 6/10/05, 111 FERC 61,387 (2005). *Filed Date:* 6/30/2005. *Accession Number:* 20050707-0243. *Comment Date:* 5 p.m. eastern time on Thursday, July 21, 2005. *Docket Numbers:* ER05-1024-001. *Applicants:* PJM Interconnection, LLC. *Description:* PJM Interconnection, LLC submits a substitute executed service interconnection agreement with Eastern Landfill, LLC and Baltimore Gas and Electric Company, which amends PJM's 5/25/05 filing in Docket No. ER05-1024-000. *Filed Date:* 7/1/2005. *Accession Number:* 20050707-0130. *Comment Date:* 5 p.m. eastern time on Friday, July 22, 2005. *Docket Numbers:* ER05-1181-000. *Applicants:* PJM Interconnection L.L.C. *Description:* PJM Interconnection LLC submits revisions to Schedule 9 of its open access transmission tariff to change the rate design of its administrative cost recovery from formula rates to stated rates and revisions to its Amended and Restated Operating Agreement. *Filed Date:* 7/1/2005. *Accession Number:* 20050706-0147. *Comment Date:* 5 p.m. eastern time on Friday, July 22, 2005. *Docket Numbers:* ER05-1182-000. *Applicants:* Xcel Energy Services Inc. *Description:* Xcel Energy Services, Inc. on behalf of Public Service Company of Colorado
(PSCo)submits a Large Generator Interconnection Agreement between PSCo and Spring Canyon, LLC. *Filed Date:* 7/1/2005. *Accession Number:* 20050706-0145. *Comment Date:* 5 p.m. eastern time on Friday, July 22, 2005. *Docket Numbers:* ER05-1183-000. *Applicants:* Arizona Public Service Company. *Description:* Arizona Public Service Company submits revisions to their open access transmission tariff. *Filed Date:* 7/1/2005. *Accession Number:* 20050706-0175. *Comment Date:* 5 p.m. eastern time on Friday, July 22, 2005. *Docket Numbers:* ER05-1184-000. *Applicants:* Perryville Energy Partners, L.L.C. *Description:* Perryville Energy Partners, LLC submits its open access transmission tariff in compliance with the Commission's Order issued on 3/22/05 in Docket No. ER05-191-000. *Filed Date:* 7/1/2005. *Accession Number:* 20050706-0176. *Comment Date:* 5 p.m. eastern time on Friday, July 22, 2005. *Docket Numbers:* ER05-1185-000. *Applicants:* New England Power Pool Participants Committee. *Description:* The New England Power Pool Participants Committee submits a transmittal letter along with a counterpart signature page of the New England Power Pool Agreement, dated 9/1/71 as amended (second restated NEPOOL agreement) executed by Z-TECH, LLC and a letter from Direct Commodities Trading, Inc. providing notice of the termination of its NEPOOL membership and participation in the New England Market. *Filed Date:* 7/1/2005. *Accession Number:* 20050706-0149. *Comment Date:* 5 p.m. eastern time on Friday, July 22, 2005. *Docket Numbers:* ER05-1189-000. *Applicants:* Carolina Power & Light Company. *Description:* Progress Energy, Inc., on behalf of its subsidiary Carolina Power & Light Company (CP&L) d/b/a Progress Energy Carolinas, Inc., submits
(1)a network integration transmission service agreement and network operating agreement between CP&L and North Carolina Eastern Municipal Power Agency (NCEMPA),
(2)related amendments to the Power Coordination Agreement between CP&L and NCEMPA, and
(3)a 2010 Transition Agreement between CP&E and NCEMPA. *Filed Date:* 7/1/2005. *Accession Number:* 20050706-0174. *Comment Date:* 5 p.m. eastern time on Friday, July 22, 2005. *Docket Numbers:* ER05-1192-000. *Applicants:* Arizona Public Service Company. *Description:* Arizona Public Service Company submits revisions to its Open Access Transmission Tariff to comply with Order 2003-C. *Filed Date:* 7/1/2005. *Accession Number:* 20050708-0174. *Comment Date:* 5 p.m. eastern time on Friday, July 22, 2005. *Docket Numbers:* ER05-784-001. *Applicants:* California Independent System Operator Corporation. *Description:* California Independent System Operator Corporation submits its compliance filing pursuant to FERC's 6/3/05 letter order in Docket No ER05-784-000, *et al.* *Filed Date:* 7/1/2005. *Accession Number:* 20050708-0170. *Comment Date:* 5 p.m. eastern time on Friday, July 22, 2005. *Docket Numbers:* ER91-569-027, *ER01-666-004, ER01-1675-002, ER01-1804-003, ER02-862-004.* *Applicants:* Entergy Services, Inc.; Entergy Arkansas, Inc.; Entergy Gulf States, Inc.; Entergy Louisiana, Inc.; Entergy Mississippi, Inc.; Entergy New Orleans, Inc.; Entergy Power, Inc.; EWO Marketing, L.P.; Entergy Solutions Supply Ltd.; Warren Power, LLC; Entergy Power Ventures, L.P. *Description:* Entergy Services, Inc., on behalf of the above-referenced Entergy Affiliates, reports to the Commission a non material change in status pursuant to the reporting requirements of Order 652. *Filed Date:* 7/1/2005. *Accession Number:* 20050708-0166. *Comment Date:* 5 p.m. eastern time on Friday, July 22, 2005. *Docket Numbers:* ER96-719-005. *Applicants:* MidAmerican Energy Company. *Description:* MidAmerican Energy Company submits additional information concerning its domestic energy affiliates and revised market-based rate tariff sheets that include, among other things, the Commission's change of status reporting requirements in compliance with FERC's 6/1/05 Order, 111 FERC 61,320 (2005). *Filed Date:* 7/1/2005. *Accession Number:* 20050707-0133. *Comment Date:* 5 p.m. eastern time on Friday, July 22, 2005. *Docket Numbers:* ER98-2535-005. *Applicants:* Hafslund Energy Trading LLC. *Description:* Hafslund Energy Trading LLC submits its updated triennial market power report in compliance with the Commission's 5/31/05 Order, 111 FERC 61,295 (2005). *Filed Date:* 7/1/2005. *Accession Number:* 20050707-0132. *Comment Date:* 5 p.m. eastern time on Friday, July 22, 2005. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, 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 *FERCOnlineSupport@ferc.gov.* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Linda Mitry, Deputy Secretary. [FR Doc. E5-3800 Filed 7-15-05; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [AMS-FRL-7939-5] California State Motor Vehicle Pollution Control Standards; Request for Waiver of Federal Preemption; Opportunity for Public Hearing AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of opportunity for public hearing and comment. SUMMARY: The California Air Resources Board
(CARB)has notified EPA that it has adopted amendments to the California on-highway heavy-duty vehicle engine regulations for 2007 and subsequent model year to include new Engine Manufacturer Diagnostics
(EMD)requirements. By letter dated March 7, 2005, CARB submitted a request that EPA grant a waiver of preemption under section 209(b) of the Clean Air Act (CAA), 42 U.S.C. 7543(b) for these amendments. This notice announces that EPA has tentatively scheduled a public hearing concerning California's request and that EPA is accepting written comment on the request. DATES: EPA has tentatively scheduled a public hearing concerning CARB's request on August 17, 2005 beginning at 10 a.m. EPA will hold a hearing only if a party notifies EPA by August 8, 2005, expressing its interest in presenting oral testimony. By August 12, 2005, any person who plans to attend the hearing should call David Dickinson at
(202)343-9256 to learn if a hearing will be held. If EPA does not receive a request for a public hearing, then EPA will not hold a hearing, and instead consider CARB's request based on written submissions to the docket. Any party may submit written comments by September 26, 2005. ADDRESSES: EPA will make available for public inspection at the Air and Radiation Docket and Information Center written comments received from interested parties, in addition to any testimony given at the public hearing. The official public docket is the collection of materials that 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 to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the Air and Radiation Docket is
(202)566-1743. The reference number for this docket is OAR-2005-100. Parties wishing to present oral testimony at the public hearing should provide written notice to David Dickinson at the address noted below. If EPA receives a request for a public hearing, EPA will hold the public hearing at 1310 L St., NW., Washington, DC 20005. FOR FURTHER INFORMATION CONTACT: David Dickinson, Certification and Compliance Division (6405J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Telephone:
(202)343-9256, Fax:
(202)343-2804, e-mail address: *Dickinson.David@epa.gov.* EPA will make available an electronic copy of this Notice on the Office of Transportation and Air Quality's (OTAQ's) homepage ( *http://www.epa.gov/otaq/* ). Users can find this document by accessing the OTAQ homepage and looking at the path entitled “Regulations.” This service is free of charge, except any cost you already incur for Internet connectivity. Users can also get the official **Federal Register** version of the Notice on the day of publication on the primary Web site: ( *http://www.epa.gov/docs/fedrgstr/EPA-AIR/* ). Please note that due to differences between the software used to develop the documents and the software into which the documents may be downloaded, changes in format, page length, etc., may occur. Parties wishing to present oral testimony at the public hearing should provide written notice to David Dickinson at: U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., (6405J), Washington, DC 20460. Telephone:
(202)343-9256. *Docket:* An electronic version of the public docket is available through EPA's electronic public docket and comment system. You may use EPA dockets at *http://www.epa.gov/edocket/* to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although a part of the official docket, the public docket, the public docket does not include Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Once in the edocket system, select “search,” then key in the appropriate docket ID number. SUPPLEMENTARY INFORMATION:
(A)Background and Discussion Section 209(a) of the Clean Air Act, as amended (“Act”), 42 U.S.C. 7543(a), provides: No State or any political subdivision thereof shall adopt or attempt to enforce any standard relating to the control of emissions from new motor vehicles or new motor vehicle engines subject to this part. No state shall require certification, inspection or any other approval relating to the control of emissions from any new motor vehicle or new motor vehicle engine as condition precedent to the initial retail sale, titling (if any), or registration of such motor vehicle, motor vehicle engine, or equipment. Section 209(b)(1) of the Act requires the Administrator, after notice and opportunity for public hearing, to waive application of the prohibitions of section 209(a) for any state that has adopted standards (other than crankcase emission standards) for the control of emissions from new motor vehicles or new motor vehicle engines prior to March 30, 1966, if the state determines that the state standards will be, in the aggregate, at least as protective of public health and welfare as applicable federal standards. California is the only state that is qualified to seek and receive a waiver under section 209(b). The Administrator must grant a waiver unless he finds that
(A)the determination of the state is arbitrary and capricious,
(B)the state does not need the state standards to meet compelling and extraordinary conditions, or (C ) the state standards and accompanying enforcement procedures are not consistent with section 202(a) of the Act. CARB's March 7, 2005 letter to the Administrator notified EPA that it had adopted amendments to its heavy-duty vehicle engine program. These amendments are to title 13, California Code of Regulations (CCR), section 1971. This regulation, as well as other California regulations, define an on-road, heavy-duty vehicle engine as an engine used in a motor vehicle having a gross vehicle weight rating greater than 14,000 pounds that is certified to the requirements of title 13, CCR sections 1956.1 or 1958.8. Please provide comment as to whether
(a)California's determination that its amendments as referenced in its March 7, 2005, request letter, are at least as protective of public health and welfare as applicable federal standards is arbitrary and capricious,
(b)California needs separate standards to meet compelling and extraordinary conditions, and
(c)California's standards and accompanying enforcement procedures are consistent with section 202(a) of the Clean Air Act. Procedures for Public Participation In recognition that public hearings are designed to give interested parties an opportunity to participate in this proceeding, there are no adverse parties as such. Statements by participants will not be subject to cross-examination by other participants without special approval by the presiding officer. The presiding officer is authorized to strike from the record statements that he or she deems irrelevant or repetitious and to impose reasonable time limits on the duration of the statement of any participant. If hearing(s) are held, the Agency will make a verbatim record of the proceedings. Interested parties may arrange with the reporter at the hearing(s) to obtain a copy of the transcript at their own expense. Regardless of whether public hearing(s) are held, EPA will keep the record open until September 26, 2005. Upon expiration of the comment period, the Administrator will render a decision on CARB's request based on the record of the public hearing(s), if any, relevant written submissions, and other information that he deems pertinent. All information will be available for inspection at EPA Air Docket. (OAR-2005-100). Persons with comments containing proprietary information must distinguish such information from other comments to the greatest possible extent and label it as “Confidential Business Information” (CBI). If a person making comments wants EPA to base its decision in part on a submission labeled CBI, then a nonconfidential version of the document that summarizes the key data or information should be submitted for the public docket. To ensure that proprietary information is not inadvertently placed in the docket, submissions containing such information should be sent directly to the contact person listed above and not to the public docket. Information covered by a claim of confidentiality will be disclosed by EPA only to the extent allowed and by the procedures set forth in 40 CFR part 2. If no claim of confidentiality accompanies the submission when EPA receives it, EPA will make it available to the public without further notice to the person making comments. Dated: July 12, 2005. Jeffrey R. Holmstead, Assistant Administrator, Office of Air and Radiation. [FR Doc. 05-14069 Filed 7-15-05; 8:45 am]
Connectionstraces to 2
Traces to 2 documents
1 reference not yet in our index
- 40 CFR 2
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources