Notices. Notice

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BILLING CODE 6820-KF-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC08-600-001, FERC-600] Commission Information Collection Activities, Proposed Collection; Comment Request; Submitted for OMB Review July 14, 2008. AGENCY: Federal Energy Regulatory Commission. ACTION: Notice. SUMMARY: In compliance with the requirements of section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy Regulatory Commission (Commission) has submitted the information collection described below to the Office of Management and Budget

(OMB)for review of this information collection requirement. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission received no comments in response to an earlier **Federal Register** notice of January 30, 2008 (73 FR 5529-5531) and has made this notation in its submission to OMB. DATES: Comments on the collection of information are due by August 21, 2008. ADDRESSES: Address comments on the collection of information to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Federal Energy Regulatory Commission Desk Officer. Comments to OMB should be filed electronically, c/o *oira_submission@omb.eop.gov* and include the OMB Control No. (1902-0180) as a point of reference. The Desk Officer may be reached by telephone at 202-395-7345. A copy of the comments should also be sent to the Federal Energy Regulatory Commission, Office of the Executive Director, ED-34, *Attention:* Michael Miller, 888 First Street, NE., Washington, DC 20426. Comments may be filed either in paper format or electronically. Those persons filing electronically do not need to make a paper filing. For paper filings, such comments should be submitted to the Secretary of the Commission, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426 and should refer to Docket No. IC08-600-001. Documents filed electronically via the Internet must be prepared in an acceptable filing format and in compliance with the Federal Energy Regulatory Commission submission guidelines. Complete filing instructions and acceptable filing formats are available at ( *http://www.ferc.gov/help/submission-guide/electronic-media.asp* ). To file the document electronically, access the Commission's Web site and click on Documents & Filing, E-Filing ( *http://www.ferc.gov/docs-filing/efiling.asp* ), and then follow the instructions for each screen. First time users will have to establish a user name and password. The Commission will send an automatic acknowledgment to the sender's e-mail address upon receipt of comments. All comments may be viewed, printed or downloaded remotely via the Internet through FERC's homepage using the “eLibrary” link. For user assistance, contact *ferconlinesupport@ferc.gov* or toll-free at

(866)208-3676 or for TTY, contact

(202)502-8659. FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by telephone at

(202)502-8415, by fax at

(202)273-0873, and by e-mail at *michael.miller@ferc.gov* . SUPPLEMENTARY INFORMATION: The information collected under the requirements of FERC-600 Rules of Practice and Procedure: Complaint Procedures (OMB No. 1902-0180) is used by the Commission to implement the statutory provisions of the Federal Power Act (FPA), 16 U.S.C. 791a-825r; the Natural Gas Act (NGA), 15 U.S.C. 717-717w; the Natural Gas Policy Act (NGPA), 15 U.S.C. 3301-3432; the Public Utility Regulatory Policies Act of 1978 (PURPA), 16 U.S.C. 2601-2645; the Interstate Commerce Act, 49 U.S.C. App. § 1 *et seq.* ; the Outer Continental Shelf Lands Act, 43 U.S.C. 1301-1356 and the Energy Policy Act of 2005, (Pub. L. 109-58) 119 Stat. 594. With respect to the natural gas industry, section 14(a) of the NGA provides: The Commission may permit any person to file with it a statement in writing, under oath or otherwise, as it shall determine, as to any or all facts and circumstances concerning a matter which may be the subject of an investigation. *For public utilities, section 205(e) of the FPA provides:* Whenever any such new schedule is filed, the Commission shall have the authority, either upon complaint or upon its own initiative without complaint at once, and, if it so orders, without answer or formal pleading by the public utility, but upon reasonable notice to enter upon hearing concerning the lawfulness of such rate, charge, classification, or service; and pending such hearing and decision of the Commission. * * * Section 215(d)(5) of the FPA provides: The Commission, upon its own motion or upon complaint, may order the Electric Reliability Organization to submit to the Commission a proposed reliability standard or a modification to a reliability standard that addresses a specific matter if the Commission considers such a new or modified reliability standard appropriate to carry out this section. * * * *Concerning hydropower projects, section 19 of the FPA provides:* * * * it is agreed as a condition of such license that jurisdiction is hereby conferred upon the Commission, upon complaint of any person aggrieved or upon its own initiative, to exercise such regulation and control until such time as the State shall have provided a commission or other authority for such regulation and control. * * * For qualifying facilities, section 210(h)(2)(B) of PURPA provides: Any electric utility, qualifying co-generator, or qualifying small power producer may petition the Commission to enforce the requirements of subsection

(f)as provided in subparagraph

(A)of this paragraph. Likewise for oil pipelines, Part 1 of the Interstate Commerce Act (ICA), sections 1, 6 and 15 (re-codified by Pub. L. 95-473 and found as an appendix to Title 49 U.S.C.) the Commission is authorized to investigate the rates charged by oil pipeline companies subject to its jurisdiction. If a proposed oil rate has been filed and allowed by the Commission to go into effect without suspension and hearing, the Commission can investigate the effective rate on its own motion or by complaint filed with the Commission. Section 13 of the ICA provided that: Any person, firm, corporation, company or association, or any mercantile, agricultural, or manufacturing society or other organization, or any common carrier subject to the provisions of this chapter in contravention of the provisions thereof, may apply to the Commission by petition which shall briefly state the facts: Whereupon a statement of the complaint thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint, or to answer the same in writing, within a reasonable time, to be specified by the Commission. * * * In Order No. 602, 64 FR 17087 (April 8, 1999), the Commission revised its regulations governing complaints filed with the Commission under the above statutes. Order No. 602 was designed to encourage and support consensual resolution of complaints, and to organize the complaint procedures so that all complaints are handled in a timely and fair manner. In order to achieve the latter, the Commission revised Rule 206 of its Rules of Practice and Procedure (18 CFR 385.206) to require that a complaint satisfy certain informational requirements, that answers be filed in a shorter, 20-day time frame, and that parties may employ various types of alternative dispute resolution procedures to resolve complaints. In Order No. 647, 69 FR 32436 (June 10, 2004), the Commission revised its regulations to simplify the formats it requires for various types of notices. These revisions provide for a more uniform formatting and make it easier for the Commission to update the form of notice formatting without the necessity of initiating a rulemaking for every change. A new subsection 18 CFR 385.203(d) replaced the former format requirements. Among the provisions that were affected by these revisions was 18 CFR 385.206(b)(10). On September 9, 2005, the Office of Management and Budget

(OMB)approved the reporting requirements contained in FERC-600 for a term of three years, the maximum period permissible under the Paperwork Reduction Act 1 before an information collection must be resubmitted for approval. As noted above this notice seeks public comments in order for the Commission to submit a justification to OMB to approve and extend the current expiration date of the FERC-600 reporting requirements. The data in complaints filed by interested/affected parties regarding oil and natural gas pipeline operations, electric and hydropower facilities in their applications for rate changes, service, licensing or reliability are used by the Commission in establishing a basis for various investigations and to make an initial determination regarding the merits of the complaint. 1 Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995, 44 U.S.C. 3501-3520. Investigations may range from whether there is undue discrimination in rates or service to questions regarding market power of regulated entities to environmental concerns. In order to make a better determination, it is important to know the specifics of any oil, gas, electric, and hydropower complaint “upfront” in a timely manner and in sufficient detail to allow the Commission to act swiftly. In addition, such complaint data will help the Commission and interested parties to monitor the market for exercises of market power or undue discrimination. The information is voluntarily submitted with prescribed information. The Commission implements these filing requirements in the Code of Federal Regulations

(CFR)under 18 CFR part 385, 385.206, 385.203 and 385.213. *Action:* The Commission is requesting a three-year extension of the current expiration date, with no changes to the existing collection of data. *Burden Statement:* Public reporting burden for this collection is estimated as: Number of respondents annually Number of responses per respondent Average burden hours per response Total annual burden hours

(3)(1)×(2)×(3) 81*# 1 14 1,134 * Represents three year averages (2005-2007) *#Rounded off* . Estimated cost burden to respondents is $68,904. (1,134 hours/2,080 hours per year times $126,384 per year average per employee = $68,904). The cost per respondent is $851. There is a significant decrease in the number of respondents and number of filings since the last renewal request. However, the cost per respondent has increased to reflect adjustments due to inflationary costs. The reporting burden includes the total time, effort, or financial resources expended to generate, maintain, retain, disclose, or provide the information including:

(1)Reviewing instructions;

(2)developing, acquiring, installing, and utilizing technology and systems for the purposes of collecting, validating, verifying, processing, maintaining, disclosing and providing information;

(3)adjusting the existing ways to comply with any previously applicable instructions and requirements;

(4)training personnel to respond to a collection of information;

(5)searching data sources;

(6)completing and reviewing the collection of information; and

(7)transmitting, or otherwise disclosing the information. The estimate of cost for respondents is based upon salaries for professional and clerical support, as well as direct and indirect overhead costs. Direct costs include all costs directly attributable to providing this information, such as administrative costs and the cost for information technology. Indirect or overhead costs are costs incurred by an organization in support of its mission. These costs apply to activities which benefit the whole organization rather than any one particular function or activity. *Comments are invited on:*

(1)Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility;

(2)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(3)ways to enhance the quality, utility and clarity of the information to be collected; and

(4)ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology *e.g.* permitting electronic submission of responses. Kimberly D. Bose, Secretary. [FR Doc. E8-16709 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-431-000; PF08-6-000] Columbia Gas Transmission Corporation; Notice of Application July 11, 2008. Take notice that on June 24, 2008, Columbia Gas Transmission Corporation (Columbia), 1700 MacCorkle Avenue, SE., Charleston, West Virginia 25314, filed in the above referenced docket an application pursuant to section 7(c) and 7(b) of the Natural Gas Act (NGA), for an order granting a certificate of public convenience to construct, own, and operate natural gas storage facilities in Ohio to provide storage services at market-based rates (Ohio Storage Expansion Project), all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site web 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 at *FERCOnlineSupport@gerc.gov* or call toll-free,

(886)208-3676 or TYY,

(202)502-8659. Any questions concerning this application may be directed to Fredric J. George, Lead Counsel, Columbia Gas Transmission Corporation, P.O. Box 1273, Charleston, West Virginia 25325-1273; telephone: 304-357-2359; fax: 304-357-3206. On December 27, 2007, the Commission staff granted Columbia's request to utilize the Pre-Filing Process and assigned Docket No. PF08-6-000 to staff activities involved the Ohio Storage Expansion Project. Now as of the filing the June 24, 2008 application, the Pre-Filing Process for this project has ended. From this time forward, this proceeding will be conducted in Docket No. CP08-431-000, as noted in the caption of this Notice. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made in the proceeding with the Commission and must mail a copy to the applicant and to every other party. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. The Commission strongly encourages electronic filings of comments, 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:* August 1, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-16695 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13232-000] Coastal Power, Inc.; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comment, Motions To Intervene, and Competing Applications July 11, 2008. On May 27, 2008, Coastal Power, Inc. filed an application, pursuant to section 4(f) of the Federal Power Act, proposing to study the feasibility of the Hell Gate Tidal Project, to be located on the East River in the Manhattan area of New York. *The proposed project would consist of:*

(1)Six Venturi Water Turbines, dimensions approximately four feet by twelve feet, anchored to the bottom of the river by eight wood pilings,

(2)visible towers that house a generator for each turbine, dimensions approximately one foot by one foot, located on the surface of the river,

(3)a commercial inverter which is two feet by four feet by three feet and located on the shore of the river,

(4)appurtenant facilities. The project would have an annual energy generation of 821,250 KW-hrs per year. *Applicant Contact:* Mr. Gregory Aurre III, President, Coastal Power, Inc., 1721 17th Court, Jupiter, Florida 33477; *phone:* 631-787-6010. *FERC Contact:* Alyssa Dorval, 202-502-6735. *Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications:* 60 days from the issuance of this notice. Comments, motions to intervene, notices of intent, and competing applications may be filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. If unable to be filed electronically, documents may be paper-filed. To paper-file, an original and eight copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For more information on how to submit these types of filings please go to the Commission's Web site located at *http://www.ferc.gov/filing-comments.asp* . More information about this project can be viewed or printed on the “eLibrary” link of Commission's Web site at *http://www.ferc.gov/docs-filing/elibrary.asp* . Enter the docket number (P-13232) in the docket number field to access the document. For assistance, call toll-free 1-866-208-3372. Kimberly D. Bose, Secretary. [FR Doc. E8-16701 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [P-2188-156] PPL Montana, LLC; Notice of Application for Amendment of License and Soliciting Comments, Motions To Intervene, and Protests July 11, 2008. Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. *Application Type:* Amendment of License. b. *Project No.:* 2188-156. c. *Date Filed:* June 11, 2008. d. *Applicant:* PPL Montana (PPLM), LLC. e. *Name of Project:* Missouri-Madison Hydroelectric Project. f. *Location:* The Rainbow Development of the Missouri-Madison Hydroelectric Project is located on the Missouri River in Cascade County, Montana. There are no federal lands within the project boundary of the Rainbow Development. g. *Filed Pursuant to:* Federal Power Act, 16 U.S.C. 791a-825r. h. *Applicant Contact:* David R. Poe, Dewey & LeBoeuf LLP, 1101 New York Avenue, NW., Suite 1100, Washington, DC 20001, *Tel:*

(202)986-8000, *Fax:*

(202)986-8102, *E-mail: dpoe@dl.com* . i. *FERC Contact:* Jake Tung, Telephone

(202)502-8757, and *e-mail: hong.tung@ferc.gov* . j. *Deadline for filing comments, motions to intervene, and protest:* August 11, 2008. *All documents (original and eight copies) should be filed with:* Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. k. *Description of Request:* The applicant proposes to amend the license for the Missouri-Madison Hydroelectric Project to construct:

(1)A new intake structure at the dam will be constructed adjacent to the existing intake structures;

(2)a new open channel will be constructed including a new forebay and surge facility;

(3)a new powerhouse with a single turbine with substantially the same capacity rating (62 MW/7,512 cfs) as the capacity for the two units that were originally proposed (60 MW/8,000 cfs); and

(4)an intake for the penstock will be constructed. l. *Locations of the Application:* A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling

(202)502-8371. This filing may also be viewed on the Commission's Web site at *http://www.ferc.gov* using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at *http://www.ferc.gov/docs-filing/esubscription.asp* to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3372 or e-mail *FERCOnlineSupport@ferc.gov* ; for TTY, call

(202)502-8659. A copy is also available for inspection and reproduction at the address in item

(h)above. m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission. n. *Comments, Protests, or Motions to Intervene:* Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers. p. *Agency Comments:* Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives. q. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at *http://www.ferc.gov* under the “e-Filing” link. Kimberly D. Bose, Secretary. [FR Doc. E8-16704 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-435-000] Tennessee Gas Pipeline Company; Notice of Application July 15, 2008. Take notice that on July 2, 2008, Tennessee Gas Pipeline Company (Tennessee), 1001 Louisiana Street, Houston, Texas 77002, filed an abbreviated application pursuant to section 7(b) of the Natural Gas Act for permission and approval to abandon certain capacity entitlements held by Dynegy Marketing and Trade in the South Pass 77 system, which are derived from Tennessee's ownership in such system, all as more fully set forth in the application which is on file with the Commission and open to public inspection. This filing 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, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at

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

(202)502-8659. Any initial questions regarding Tennessee's proposal in this application should be directed to Jacquelyne M. Rocan, Senior Counsel, Tennessee Gas Pipeline Company, 1001 Louisiana Street, Houston, Texas 77002; *telephone:*

(713)420-4544; *fax:*

(713)420-1601. Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment

(EA)and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement

(FEIS)or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA. 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. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. 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 the original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. *Comment Date:* August 5, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-16693 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13237-000] Whitman River Dam, Inc.; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comment, Motions To Intervene, and Competing Applications July 11, 2008. On June 9, 2008, Whitman River Dam, Inc. filed an application, pursuant to section 4(f) of the Federal Power Act, proposing to develop the hydroelectric potential at the existing Crocker Dam located on the Whitman River in the Town of Westminster, Worcester County, Massachusetts. *The proposed project would consist of:*

(1)An earthen and masonry dam, 38.5-foot-high and 520-foot-long,

(2)a head pond with storage of 1,027.0 acre-feet,

(3)an existing 42-inch diameter steel penstock, and

(4)a new powerhouse located downstream of the dam on the left side of the river containing one generating unit having a capacity of 100 kilowatts. The project would have an annual generation of 607,000 kilowatt hours and would be sold to power marketers, local industrial users, or municipal electric utilities. *Applicant Contact:* Mr. Robert Francis, President, Whitman River Dam, Inc., P.O. Box 145, 10 Tommy Francis Road, Westminster, MA 01473. *FERC Contact:* Shameek Patel, 202-502-6736. Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Comments, motions to intervene, notices of intent, and competing applications may be filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. If unable to be filed electronically, documents may be paper-filed. To paper-file, an original and eight copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For more information on how to submit these types of filings please go to the Commission's Web site located at *http://www.ferc.gov/filing-comments.asp* . More information about this project can be viewed or printed on the “eLibrary” link of Commission's Web site at *http://www.ferc.gov/docs-filing/elibrary.asp* . Enter the docket number (P-13237) in the docket number field to access the document. For assistance, call toll-free 1-866-208-3372. Kimberly D. Bose, Secretary. [FR Doc. E8-16702 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13242-000] Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comment, Motions to Intervene, and Competing Applications July 11, 2008. On June 13, 2008, Whitman River Dam, Inc. filed an application, pursuant to section 4(f) of the Federal Power Act, proposing to develop the hydroelectric potential at the existing Westminster Reservoir Pond Dam located on the Whitman River in the Town of Westminster, Worcester County, Massachusetts. *The proposed project would consist of:*

(1)An earthen and masonry dam, 31-foot-high and 1,500-foot-long,

(2)a head pond with storage of 870.0 acre-feet,

(3)two existing 30-inch diameter discharge pipes, and

(4)a new powerhouse located in the vicinity of the discharge pipes containing one generating unit having a capacity of 35 kilowatts. The project would have an annual generation of 218,000 kilowatt hours and would be sold to power marketers, local industrial users, or municipal electric utilities. *Applicant Contact:* Mr. Robert Francis, President, Whitman River Dam, Inc., P.O. Box 145, 10 Tommy Francis Road, Westminster, MA 01473. FERC Contact: Shameek Patel, 202-502-6736. Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Comments, motions to intervene, notices of intent, and competing applications may be filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. If unable to be filed electronically, documents may be paper-filed. To paper-file, an original and eight copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For more information on how to submit these types of filings please go to the Commission's Web site located at *http://www.ferc.gov/filing-comments.asp* . More information about this project can be viewed or printed on the “eLibrary” link of Commission's Web site at *http://www.ferc.gov/docs-filing/elibrary.asp* . Enter the docket number (P-13242) in the docket number field to access the document. For assistance, call toll-free 1-866-208-3372. Kimberly D. Bose, Secretary. [FR Doc. E8-16703 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-1226-000] Arlington Wind Power Project LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization July 14, 2008. This is a supplemental notice in the above-referenced proceeding of Arlington Wind Power Project LLC's application for market-based rate authority, with an accompanying rate schedule, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability. Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and § 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is July 31, 2008. 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-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov.* or call

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

(202)502-8659. Kimberly D. Bose, Secretary. [FR Doc. E8-16707 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-1225-000] Cloud County Wind Farm; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization July 14, 2008. This is a supplemental notice in the above-referenced proceeding of Cloud County Wind Farm, LLC's application for market-based rate authority, with an accompanying rate schedule, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability. Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and § 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is July 31, 2008. 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-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* or call

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

(202)502-8659. Kimberly D. Bose, Secretary. [FR Doc. E8-16710 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-1211-000] Green Energy Partners, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization July 11, 2008. This is a supplemental notice in the above-referenced proceeding of Green Energy Partners, LLC's application for market-based rate authority, with an accompanying rate schedule, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability. Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is July 31, 2008. 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-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* . or call

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

(202)502-8659. Kimberly D. Bose, Secretary. [FR Doc. E8-16699 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-1202-000] Huntrise Energy Fund LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization July 11, 2008. This is a supplemental notice in the above-referenced proceeding of Huntrise Energy Fund LLC's application for market-based rate authority, with an accompanying rate schedule, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability. Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is July 31, 2008. 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-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* or call

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

(202)502-8659. Kimberly D. Bose, Secretary. [FR Doc. E8-16698 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-1227-000] Rail Splitter Wind Farm LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization July 14, 2008. This is a supplemental notice in the above-referenced proceeding of Rail Splitter Wind Farm LLC's application for market-based rate authority, with an accompanying rate schedule, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability. Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and § 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is July 31, 2008. 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-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* or call

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

(202)502-8659. Kimberly D. Bose, Secretary. [FR Doc. E8-16708 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-1195-000] Red Hills Wind Project, L.L.C.; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization July 11, 2008. This is a supplemental notice in the above-referenced proceeding of Red Hills Wind Project, L.L.C.'s application for market-based rate authority, with an accompanying rate schedule, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability. Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is July 31, 2008. 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-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* . or call

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

(202)502-8659. Kimberly D. Bose, Secretary. [FR Doc. E8-16697 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER08-1228-000] Wheat Field Wind Power Project LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization July 11, 2008. This is a supplemental notice in the above-referenced proceeding of Wheat Field Wind Power Project LLC's application for market-based rate authority, with an accompanying rate schedule, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability. Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is July 31, 2008. 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-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* or call

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

(202)502-8659. Kimberly D. Bose, Secretary. [FR Doc. E8-16700 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings July 15, 2008. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP96-200-195. *Applicants:* CenterPoint Energy Gas Transmission Co. *Description:* CenterPoint Energy Gas Transmission Co. submits two agreements for negotiated rates. *Filed Date:* 07/10/2008. *Accession Number:* 20080715-0007. *Comment Date:* *5 p.m.* Eastern Time on Tuesday, July 22, 2008. *Docket Numbers:* RP01-205-017. *Applicants:* Southern Natural Gas Company. *Description:* Southern Natural Gas Co. submits Fifth Revised Sheet 35 et al. to FERC Gas Tariff, Seventh Revised Volume 1, to be effective 8/1/08. *Filed Date:* 07/11/2008. *Accession Number:* 20080715-0003. *Comment Date:* *5 p.m.* Eastern Time on Wednesday, July 23, 2008. *Docket Numbers:* RP08-398-001. *Applicants:* East Tennessee Natural Gas, LLC. *Description:* East Tennessee Natural Gas, LLC submits Substitute Second Revised Sheet 174A et al. to FERC Gas Tariff, Third Revised Volume 1, to be effective 7/5/08. *Filed Date:* 07/10/2008. *Accession Number:* 20080715-0006. *Comment Date:* *5 p.m.* Eastern Time on Tuesday, July 22, 2008. *Docket Numbers:* RP08-442-000. *Applicants:* National Fuel Gas Supply Corporation. *Description:* National Fuel Gas Supply Corp. submits Second Revised Sheet 131 et al. to FERC Gas Tariff, Fourth Revised Volume 1, to be effective 8/10/08. *Filed Date:* 07/11/2008. *Accession Number:* 20080715-0001. *Comment Date:* *5 p.m.* Eastern Time on Wednesday, July 23, 2008. *Docket Numbers:* RP08-443-000. *Applicants:* Southern Star Central Gas Pipeline, Inc. *Description:* Southern Star Central Gas Pipeline, Inc. submits a request for a limited waiver of tariff provisions. *Filed Date:* 07/11/2008. *Accession Number:* 20080715-0002. *Comment Date:* *5 p.m.* Eastern Time on Wednesday, July 23, 2008. *Docket Numbers:* CP08-399-001. *Applicants:* Columbia Gulf Transmission Company. *Description:* Columbia Gulf Transmission Company submits a compliance filing to cancel Rate Schedule X067. *Filed Date:* 07/11/2008. *Accession Number:* 20080715-0004. *Comment Date:* *5 p.m.* Eastern Time on Wednesday, July 23, 2008. 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 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 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. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. E8-16734 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-432-000] Eastern Shore Natural Gas Company; Notice of Request Under Blanket Authorization July 11, 2008. Take notice that on June 30, 2008, Eastern Shore Natural Gas Company (Eastern Shore), 417 Bank Lane, Dover, Delaware 19904, filed in Docket No. CP08-432-000, a prior notice request pursuant to sections 157.205(b), and 157.211 of the Federal Energy Regulatory Commission's regulations under the Natural Gas Act

(NGA)and its blanket authority granted in Docket No. CP96-128-000 for authorization to construct, own, and operate a new delivery point to be located in Sussex County, Delaware, in order to provide natural gas service to INVISTA S.á.r.l. (INVISTA), all as more fully set forth in the application, which is on file with the Commission and open to public inspection. The filing may also be viewed on the Web 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 at *FERCOnlineSupport@ferc.gov* or call toll-free,

(866)208-3676 or TTY,

(202)502-8659. Eastern Shore proposes to construct, own, and operate a new delivery point to deliver natural gas to INVISTA to be located in Sussex County, Delaware. Eastern Shore proposes to design and construct, or cause the design and construction of, a six-inch tap and valve and approximately 8,500 feet of six-inch steel pipe from an existing point on its system to a new measuring and regulating (M&R) station located at the INVISTA manufacturing facility. Eastern Shore states that the proposed delivery point would supply one new boiler which INVISTA is currently installing at its manufacturing facility near the city of Seaford (Seaford Site). Eastern Shore asserts that there will be no impact on Eastern Shore's peak day deliveries due to the off-peak seasonal nature of the firm transportation

(FT)service subscribed to by INVISTA. Eastern Shore states that INVISTA responded to Eastern Shore's recent notice of Available Firm Capacity pursuant to Section 14 of its FERC Gas Tariff by submitting a bid for a Maximum Daily Transportation Quantity

(MDTQ)of 2,352 dekatherms per day (Dth/d) for the non-peak months of March through October for a fifteen-year term commencing May 1, 2009. Eastern Shore asserts that INVISTA will reimburse Eastern Shore for the cost of the proposed facilities through the FT rate specified in the FT Service Agreement. Eastern Shore states that the total estimated cost of the proposed project is approximately $1.9 million. Any questions regarding the application should be directed to Glen DiEleuterio, P.E., Project Manager, Eastern Shore Natural Gas Company, 417 Bank Lane, Dover, Delaware 19904, or at

(302)734-6710, extension 6723. Any person may, within 60 days after the issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention. Any person filing to intervene or the Commission's staff may, pursuant to section 157.205 of the Commission's Regulations under the NGA (18 CFR 157.205) file a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for protest. If a protest is filed and not withdrawn within 30 days after the time allowed for filing a protest, the instant request shall be treated as an application for authorization pursuant to section 7 of the NGA. The Commission strongly encourages electronic filings of comments, protests, and interventions via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site ( *www.ferc.gov* ) under the “e-Filing” link. Kimberly D. Bose, Secretary. [FR Doc. E8-16696 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP08-13-000] Floridian Natural Gas Storage Company, LLC; Notice of Availability of the Final Environmental Impact Statement for the Floridian Natural Gas Storage Project July 11, 2008. The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared this Final Environmental Impact Statement

(EIS)for the natural gas facilities proposed by the Floridian Natural Gas Storage Company, LLC

(FGS)under the above-referenced docket. FGS's proposed Floridian Natural Gas Storage Project (Project) would be located approximately two miles north of the unincorporated municipality of Indiantown in Martin County, Florida. The Final EIS was prepared to satisfy the requirements of the National Environmental Policy Act. The FERC staff concludes that the proposed Project, with the appropriate mitigation measures as recommended, would have limited adverse environmental impact. The U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, and the U.S. Fish and Wildlife Service are cooperating agencies for the development of this EIS. A cooperating agency has jurisdiction by law or special expertise with respect to any environmental impact involved with the proposal and is involved in the NEPA analysis. The general purpose of the proposed Project is to respond to the growing demand for natural gas and natural gas infrastructure in the United States, and, more specifically, in Florida. The Project would enhance access to additional, competitively-priced supplies of natural gas by providing liquefaction, storage, and vaporization services to customers in Florida and the southeastern United States. The Final EIS addresses the potential environmental effects of construction and operation of the facilities listed below. *FGS proposes to construct and operate:* • An approximately 53.1 acre liquefied natural gas storage facility; • An approximately 4-mile-long, 12-inch-diameter receiving pipeline to interconnect with and receive natural gas from the Gulfstream and/or Florida Power & Light

(FPL)lateral pipelines; • An approximately 4-mile-long, 24-inch-diameter sendout pipeline that would parallel the 12-inch pipeline and interconnect with and deliver natural gas from the storage facility to the Gulfstream and the FPL lateral pipelines; • Interconnection points with the Gulfstream pipeline at milepost

(MP)4.18 and with the FPL lateral at MP 4.05; and • A metering and regulating station. FGS proposes to have the facilities installed and operational within 36 months of commencing construction; however, based on market conditions at the time of construction, the storage facility construction may be separated into two phases. *The Final EIS has been placed in the public files of the FERC and is available for public inspection at:* Federal Energy Regulatory Commission, Public Reference Room, 888 First Street NE., Room 2A, Washington, DC 20426,

(202)502-8371. CD-ROM copies of the Final EIS have been mailed to federal, state, and local agencies; public interest groups; individuals and affected landowners who requested a copy of the Final EIS or provided comments during scoping; libraries and newspapers in the Project area; and parties to this proceeding. Hard copy versions of the Final EIS were mailed to those specifically requesting them. A limited number of hard copies and CD-ROMs are available from the Public Reference Room identified above. In accordance with the Council on Environmental Quality's regulations implementing NEPA, no agency decision on a proposed action may be made until 30 days after the EPA publishes a notice of availability of a Final EIS. Additional information about the project is available from the Commission's Office of External Affairs, at 1-866-208-FERC

(3372)or on the FERC Internet Web site ( *http://www.ferc.gov* ). Using the “eLibrary link,” select “General Search” and enter the project docket number excluding the last three digits ( *i.e.* , CP08-13) in the “Docket Number” field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at *FERCOnlineSupport@ferc.gov* or toll free at 1-866-208-3676, or TTY

(202)502-8659. The eLibrary link on the FERC Internet Web site also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rule makings. In addition, the FERC now offers a free service called eSubscription that allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. To register for this service, go to *http://www.ferc.gov/esubscribenow.htm* . It is requested that you communicate the foregoing information concerning the proposed work to any persons known by you to be interested and not being known to this office, who did not receive a copy of this notice. Kimberly D. Bose, Secretary. [FR Doc. E8-16705 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM06-22-002] North American Electric Reliability Corporation; Notice of Filing July 11, 2008. Take notice that on June 27, 2008, the North American Electric Reliability Corporation in compliance with Commission Order No. 706, 1 submits modifications to Violation Risk Factors for Requirements or Sub-Requirements in the Critical Infrastructure Protection Reliability Standards. 1 *Mandatory Reliability Standards for Critical Infrastructure Protection* (Order No. 706), 122 FERC ¶ 61,040 (2008). 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, 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 the parties in 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 July 28, 2008. Kimberly D. Bose, Secretary. [FR Doc. E8-16694 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13147-000; Project No. 13148-000] FFP Ohio River 3, LLC, FFP Ohio River 4, LLC; Notice of Preliminary Permit Applications Accepted for Filing and Soliciting Comment, Motions To Intervene, and Competing Applications July 15, 2008. On March 25, 2008, FFP Ohio River 3, LLC and FFP Ohio River 4, LLC each filed an application, pursuant to section 4(f) of the Federal Power Act, proposing to study the feasibility of the Ohio River 3 and Ohio River 4 Projects, to be located on the Ohio River in Vanderburgh and Warrick Counties, Indiana and Henderson County, Kentucky. *The proposed Ohio River 3 Project consists of:*

(1)3,840 proposed 20 kilowatt Free Flow generating units having a total installed capacity of 76.8 megawatts,

(2)a proposed transmission line, and

(3)appurtenant facilities. The FFP Ohio River 3, LLC, project would have an average annual generation of 336.38 gigawatt-hours and be sold to a local utility. *The proposed Ohio River 4 Project consists of:*

(1)1,860 proposed 20 kilowatt Free Flow generating units having a total installed capacity of 37.2 megawatts,

(2)a proposed transmission line, and

(3)appurtenant facilities. The FFP Ohio River 4, LLC, project would have an average annual generation of 162.94 gigawatt-hours and be sold to a local utility. *Applicant Contact:* Mr. Dan Irvin, FFP Ohio River 3, LLC and FFP Ohio River 4, LLC, 69 Bridge Street, Manchester, MA 01944, phone

(978)232-3536. *FERC Contact:* Robert Bell,

(1)3,480 proposed 20 kilowatt Free Flow generating units having a total installed capacity of 69.6 megawatts,

(2)a proposed transmission line, and

(3)appurtenant facilities. The FFP Ohio River 5, LLC, project would have an average annual generation of 304.85 gigawatt-hours and be sold to a local utility. *The proposed Ohio River 6 Project consists of:*

(1)2,700 proposed 20 kilowatt Free Flow generating units having a total installed capacity of 54 megawatts,

(2)a proposed transmission line, and

(3)appurtenant facilities. The FFP Ohio River 6, LLC, project would have an average annual generation of 236.52 gigawatt-hours and be sold to a local utility. *Applicant Contact:* Mr. Dan Irvin, FFP Ohio River 5, LLC and FFP Ohio River 6, LLC, 69 Bridge Street, Manchester, MA 01944, phone

(978)232-3536. *FERC Contact:* Robert Bell,

(202)502-6062. Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Comments, motions to intervene, notices of intent, and competing applications may be filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link. If unable to be filed electronically, documents may be paper-filed. To paper-file, an original and eight copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For more information on how to submit these types of filings please go to the Commission's Web site located at *http://www.ferc.gov/filing-comments.asp* . More information about this project can be viewed or printed on the “eLibrary” link of Commission's Web site at *http://www.ferc.gov/docs-filing/elibrary.asp* . Enter the docket number (P-13147 or P-13148) in the docket number field to access the document. For assistance, call toll-free 1-866-208-3372. Kimberly D. Bose, Secretary. [FR Doc. E8-16692 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. QF08-16-000] Harris Teeter, Wilson, NC; Notice of Filing of Notice of Self-Certification of Qualifying Status of a Cogeneration Facility July 15, 2008. Take notice that on October 15, 2007, Harris Teeter, 701 Crestdale Road, Matthews, NC 28105, filed with the Federal Energy Regulatory Commission a notice of self-certification of a facility as a qualifying cogeneration facility pursuant to 18 CFR 292.207(a) of the Commission's regulations. This qualifying cogeneration facility consists of a 600 kW packaged diesel engine generator set operating on #2 fuel oil. The package is set on a concrete pad. The unit is self-contained, including all necessary switchgear and controls. The electricity is generated at 480 V, 3 phase, 60 Hz. The facility is located at 3401 Raleigh Road Parkway West, Wilson, NC 27896. This qualifying facility interconnects with Wilson Energy's electric distribution system. The facility will provide standby power and occasionally supplementary power to Harris Teeter. A notice of self-certification does not institute a proceeding regarding qualifying facility status; a notice of self-certification provides notice that the entity making filing has determined the Facility meets the applicable criteria to be a qualifying facility. Any person seeking to challenge such qualifying facility status may do so by filing a motion pursuant to 18 CFR 292.207(d)(iii). 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. Kimberly D. Bose, Secretary. [FR Doc. E8-16690 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP08-401-000; RP08-403-000] Notice of Technical Conference July 14, 2008. Columbia Gas Transmission Corporation, Docket No. RP08-401-000, Atmos Energy Marketing, LLC, Docket No. RP08-403-000, BP Energy Company, Delta Energy, LLC, Direct Energy, Hess Corporation, Honda of America Mfg., Inc., Integrys Energy Services, Inc., Interstate Gas Supply, Inc., National Energy Marketers Association, Ohio Farm Bureau Federation, Sequent Energy Management, L.P., Complainants v. Columbia Gas Transmission Corporation, Respondent. The Commission's July 2, 2008 Order, 1 in the above-captioned proceeding, directed that a technical conference be held to address issues raised by Columbia Gas Transmission Corporation's (Columbia) Natural Gas Act

(NGA)section 4 filing to clarify the nature of the Master List of Interconnect points and their use as identifiers of virtual scheduling points in Columbia's tariff and the complaint filed by Atmos Energy Marketing, LLC, *et al.* , pursuant to section 5 of the NGA. 1 *Columbia Gas Transmission Corp.* , 124 FERC ¶ 61,007 (2008). Take notice that a technical conference will be held on Tuesday, August 5, 2008 and Wednesday August 6, 2008. The conference will begin at 10 a.m. on both days in a room to be designated at the offices of the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Participants are directed to make available persons familiar with contracting, nominating, scheduling and related practices on Columbia's system. FERC conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an e-mail to *accessibility@ferc.gov* or call toll free

(866)208-3372 (voice) or 202-502-8659 (TTY), or send a fax to 202-208-2106 with the required accommodations. All interested persons and staff are permitted to attend. For further procedural information please contact Robert Mclean at

(202)502-8156. Kimberly D. Bose, Secretary. [FR Doc. E8-16706 Filed 7-21-08; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Western Area Power Administration Washoe Project-Rate Order No. WAPA-136 AGENCY: Western Area Power Administration, DOE. ACTION: Notice of Order Concerning Non-Firm Power Formula Rate. SUMMARY: The Deputy Secretary of Energy confirmed and approved Rate Order No. WAPA-136 and Rate Schedule SNF-7, placing a non-firm power formula rate from the Stampede Powerplant (Stampede) of the Washoe Project of the Western Area Power Administration (Western) into effect on an interim basis. The provisional rate will be in effect until the Federal Energy Regulatory Commission

(FERC)confirms, approves, and places it into effect on a final basis or until it is replaced by another rate. The provisional rate will provide sufficient revenue to pay all annual costs, including interest expense, and repayment of power investment within allowable periods. DATES: Rate Schedule SNF-7 will be placed into effect on an interim basis on the first day of the first full billing period beginning on or after August 1, 2008, and will be in effect until FERC confirms, approves, and places the rate schedule in effect on a final basis through July 31, 2013, or until the rate schedule is superseded. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Boyko, Regional Manager, Sierra Nevada Customer Service Region, Western Area Power Administration, 114 Parkshore Drive, Folsom, CA 95630-4710,

(916)353-4418 or Ms. Sonja A. Anderson, Power Marketing Manager, Sierra Nevada Customer Service Region, Western Area Power Administration, 114 Parkshore Drive, Folsom, CA 95630-4710,

(916)353-4421, e-mail *sanderso@wapa.gov* . SUPPLEMENTARY INFORMATION: The Deputy Secretary of Energy approved existing Rate Schedule SNF-6, a non-firm power formula rate on August 16, 2005. 1 Rate Schedule SNF-6 is effective from October 1, 2005, through September 30, 2010. Rate schedule SNF-6 links the existing non-firm power formula rate to a contract with the Sierra Pacific Power Company (Sierra). The index that Western uses in SNF-6 to set the “floor rate” in SNF-6 is linked to the same contract. Western terminated the contract with Sierra on July 31, 2007. As a result, it is necessary for Western to initiate a new rate case to align the non-firm power formula rate to future third-party contractors. As explained below, the provisional formula rate for Rate Schedule SNF-7 will rectify the mismatches to the terminated contract and will continue to calculate the Stampede annual transferred Power Revenue Requirement

(PRR)as a cost transferred to the Central Valley Project (CVP). 1 Rate Order No. WAPA-119, August 29, 2005. FERC confirmed and approved the rate schedule on May 4, 2006, under FERC Docket EF05-5161-000. In order to serve project use loads and effectively market the energy from Stampede, Western has contracted with a third party (Contractor) that provides for a Stampede Energy Exchange Account (SEEA). The SEEA is an annual energy exchange account for Stampede energy. Under this contract, the Contractor accepts delivery of all energy generated from Stampede and integrates this generation into its resource portfolio. The monthly calculation of revenue from Stampede energy received by the Contractor is credited into the SEEA at the SEEA Rate. Western can use the SEEA to benefit project use facilities and market energy from Stampede to CVP preference customers. From 1994 to 2007, Sierra, through Contract 94-SAO-00010 (Contract 00010), has served as the Contractor integrating Stampede generation into its resource portfolio and serving station service and project use loads in Sierra's service territory. SNF-6 links the current non-firm power formula rate to Contract 00010 and the management of the SEEA. In addition, the index that was used in Rate Schedule SNF-6 to set the floor rate was contained in Contract 00010. On May 10, 2007, the Truckee Donner Public Utility District (Truckee Donner) and the City of Fallon (Fallon), two preference customers located within Sierra's Balancing Authority, entered into a contract with Western that replaces Contract 00010. This new contract with Truckee Donner and Fallon (TDF), Contract 07-SNR-01026 (Contract 01026), uses a market index methodology as the basis for valuing Stampede generation. The effective date of Contract 01026 was August 1, 2007. The change in contractors and the “floor rate” definition makes it necessary for Western to initiate a new rate adjustment to update the non-firm power formula rate. In this new rate design, Western is using a general term of “Contractor” in the development of the formula rate and resulting rate schedule in order to provide flexibility in the event the Contractor changes in the future. The existing non-firm power Rate Schedule set the SEEA rate (previously known as the floor rate in SNF-6) at 17.89 mills per kilowatthour (mills/kWh). Western estimates the proposed formula rate for non-firm power for the Washoe Project in Rate Schedule SNF-7 will result in an average SEEA Rate for the rate period of 47.85 mills/kWh. This will result in an increase of 167 percent when compared with the existing Washoe Project non-firm power SEEA Rate under Rate Schedule SNF-6. By Delegation Order No. 00-037.00, effective December 6, 2001, the Secretary of Energy delegated:

(1)The authority to develop power and transmission rates to Western's Administrator,

(2)the authority to confirm, approve, and place such rates into effect on an interim basis to the Deputy Secretary of Energy, and

(3)the authority to confirm, approve, and place into effect on a final basis, to remand or to disapprove such rates to FERC. DOE published its existing procedures for public participation in power rate adjustments on September 18, 1985 (10 CFR Part 903 (2008)). Pursuant to paragraph 1.5 of Delegation Order No. 00-037.00, Western's Administrator approved the power formula rate for the sale of short-term, non-firm power to TDF effective August 1, 2007. The Administrator's approval provided interim rate authority between the effective date of the new contract, August 1, 2007, and the effective date of the interim rate, August 1, 2008. The Administrator's approval will expire on July 31, 2008. Under Delegation Order Nos. 00-037.00 and 00-001.00C, 10 CFR Part 903, and 18 CFR Part 300, I hereby confirm, approve, and place Rate Order No. WAPA-136, the Washoe non-firm power formula rate into effect on an interim basis. The new Rate Schedule SNF-7 will be promptly submitted to FERC for confirmation and approval on a final basis. Dated: July 14, 2008. Jeffrey F. Kupfer, Acting Deputy Secretary. Department of Energy Deputy Secretary In the matter of: Western Area Power Administration, Rate Adjustment for the Washoe Project, Stampede Division Non-Firm Power Formula Rate; Rate Order No. WAPA-136 Order Confirming, Approving, and Placing the Washoe Project, Stampede Division, Non-Firm Power Formula Rate Into Effect on an Interim Basis This rate was established in accordance with section 302 of the Department of Energy

(DOE)Organization Act (42 U.S.C. 7152). This Act transferred to and vested in the Secretary of Energy the power marketing functions of the Secretary of the Department of the Interior under the Reclamation Act of 1902 (ch. 1093, 32 Stat. 388), as amended and supplemented by subsequent laws, particularly section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)), and other Acts that specifically apply to the project involved. By Delegation Order No. 00-037.00, effective December 6, 2001, the Secretary of Energy delegated:

(1)The authority to develop power and transmission rates to Western Area Power Administration's (Western) Administrator,

(2)the authority to confirm, approve, and place such rates into effect on an interim basis to the Deputy Secretary of Energy, and

(3)the authority to confirm, approve, and place into effect on a final basis, to remand or to disapprove such rates to FERC. DOE published its existing procedures for public participation in power rate adjustments (10 CFR Part 903) on September 18, 1985. Acronyms and Definitions As used in this Rate Order, the following acronyms and definitions apply: *2004 Power Marketing Plan:* The 2004 Power Marketing Plan (64 FR 34417) effective January 1, 2005. *Administrator:* The Administrator of the Western Area Power Administration. *Capacity:* The electric capability of a generator, transformer, transmission circuit, or other equipment expressed in kilowatts. *Composite Rate:* The rate for non-firm power which is the total annual revenue requirement for capacity and energy divided by the total annual energy sales. It is expressed as mills/kWh and used for comparison purposes. *Contractor:* The third party(ies) who, under contract with Western, are responsible for

(1)managing the Stampede Energy Exchange Account

(2)integrating Stampede generation into their resource portfolio, and

(3)ensuring that station service and project use loads are served for the Washoe Project. *Customer:* An entity with a contract that receives service from Western's Sierra Nevada Customer Service Region (SNR). *CVP:* Central Valley Project—A multipurpose Federal water development project extending from the Cascade Range in northern California to the plains along the Kern River south of Bakersfield, California. *Deficits:* Unpaid or deferred annual or interest expenses. *DOE:* United States Department of Energy. *DOE Order RA 6120.2:* An order outlining power marketing administration financial reporting and ratemaking procedures. *Energy:* Measured in terms of the work it is capable of doing over a period of time. It is expressed in kilowatthours. *FERC:* The Federal Energy Regulatory Commission. *Floor Rate:* Per Contract 00010 with Sierra, is equal to 85 percent of the then effective, non-time differentiated rate provided in Sierra's California Quarterly Short-Term Purchase Price Schedule for as-available purchases from qualifying facilities with capacities of 100 kilowatts

(kW)or less. *FRN:* **Federal Register** notice. *FY:* Fiscal Year; October 1 to September 30. *kW:* Kilowatt—The electrical unit of capacity that equals 1,000 watts. *kWh:* Kilowatthour—The electrical unit of energy that equals 1,000 watts delivered or used in 1 hour. *Load:* The amount of electric power or energy delivered or required at any specified point(s) on a transmission or distribution system. *Mill:* A monetary denomination of the United States that equals one-tenth of a cent or one-thousandth of a dollar. *Mills/kWh:* Mills per kilowatthour. The unit of charge for energy. *MW:* Megawatt—The electrical unit of capacity that equals 1 million watts or 1,000 kilowatts. *NEPA:* National Environmental Policy Act of 1969 (42 U.S.C. 4321, *et seq* .). *Non-firm:* A type of product and/or service not always available at the time requested by the customer. *O&M:* Operation and Maintenance. *Power:* Capacity and Energy. *Preference:* The provisions of Reclamation Law which require Western to first make Federal power available to certain entities. For example, section 9(c) of the Reclamation Project Act of 1939 states that preference in the sale of Federal power shall be given to municipalities and other public corporations or agencies and also to cooperatives and other nonprofit organizations financed in whole or in part by loans made under the Rural Electrification Act of 1936 (43 U.S.C. 485h(c)). *Project Use:* Power used to operate Washoe Project facilities under Reclamation Law. *Provisional Rate:* A rate which has been confirmed, approved, and placed into effect on an interim basis by the Deputy Secretary. *PRR:* Power Revenue Requirement—The annual revenue that must be collected to recover annual expenses such as O&M, purchase power, transmission service expenses, interest, deferred expenses, and repay Federal investments and other assigned costs. *PRS:* Power Repayment Study. *Rate Brochure:* A document explaining the rationale and background for the rate proposal contained in this Rate Order dated February 2008. *Ratesetting PRS:* The PRS used for the rate adjustment proposal. *Reclamation:* United States Department of the Interior, Bureau of Reclamation. *Reclamation Law:* A series of Federal laws. Viewed as a whole, these laws create the originating framework under which Western markets power. *Revenue Requirement:* The revenue required to recover annual expenses such as O&M, purchase power, transmission service expenses, interest, deferred expenses, and repay Federal investments and other assigned costs. *SEEA:* The Stampede Energy Exchange Account. *SEEA Rate:* The rate at which Stampede project generation is valued and credited to the SEEA. The SEEA Rate replaces the floor rate (WAPA Order No. 119). *Sierra:* Sierra Pacific Power Company also known as Nevada Power and Sierra Pacific Resources. *SNR:* The Sierra Nevada Customer Service Region of Western. *Stampede:* Power system facilities of Washoe Project, Stampede Division. *Stampede Annual PRR:* The total Power Revenue Requirement for Stampede required to repay all reimbursable annual costs, including interest and the investment within the allowable period. *Stampede Revenue:* Revenue generated from applying the SEEA Rate to project generation under the methodology established in a contract. *Supporting Documentation:* A compilation of data and documents that support the Rate Brochure and the rate proposal. *TDF:* Truckee Donner Public Utility District and City of Fallon—As of August 1, 2007, TDF is the third-party Contractor responsible for the management of the SEEA and Stampede generation. *Washoe Project:* A Reclamation project located in the Lahontan Basin in west-central Nevada and east-central California. *Western:* United States Department of Energy, Western Area Power Administration. Effective Date The new provisional formula rate will take effect on the first day of the first full billing period beginning on or after August 1, 2008, and will remain in effect until July 31, 2013, pending approval by FERC on a final basis. Public Notice and Comment Western followed the Procedures for Public Participation in Power and Transmission Rate Adjustments and Extensions, 10 CFR part 903, in developing these rates. The steps Western took to involve interested parties in the rate process included: 1. A FRN published on February 6, 2008 (73 FR 6958), announced the proposed change of the non-firm power formula rate. This notice began the public consultation and comment period. 2. On February 6, 2008, Western e-mailed the FRN (73 FR 6958) to the SNR Preference Customers and interested parties explaining that this was a minor rate adjustment. While there was no public information or comment forum for this rate process (10 CFR part 903), Western informed interested parties of Western's availability to explain the rationale for the rate adjustment and to discuss the studies that support the proposal for the change to the formula rate. 3. On February 6, 2008, Western also mailed letters to the SNR Preference Customers and interested parties transmitting the Web site address to obtain a copy of the FRN and providing instructions on how to receive a copy of the Rate Brochure. 4. Western communicated clarifying information on the proposed rate adjustment with the following Preference Customers and/or interested parties. This information is included in the record: Northern California Power Agency, California. Redding Electric Utility, California. Sacramento Municipal Utility District, California. 5. Western received no comment letters during the consultation and comment period, which ended on March 7, 2008. Project Description The Stampede Dam and Reservoir are located on the Little Truckee River immediately below the mouth of Davies Creek and approximately 8 miles above the confluence of the Little Truckee and Truckee Rivers. The dam and reservoir are in Sierra County, California, approximately 11 miles northeast of the town of Truckee. The water source for Stampede Reservoir is the Little Truckee River drainage basin containing about 136 square miles of densely wooded slopes and grass meadowlands. On August 1, 1956, as part of the Washoe Project, Congress authorized the Stampede Dam and Reservoir project, including hydroelectric power development. (70 Stat. 755 (1956)). When the United States built the Stampede Dam, it did not construct the power facilities because the power function was not economically justified. Subsequently, in July 1976, the United States re-evaluated constructing a powerplant at Stampede and published its findings in a special Reclamation report: Adding Powerplants at Existing Federal Dams in California. In the report, Reclamation recommended constructing a Stampede powerplant. As a result, Reclamation initiated definitive plan studies in FY 1977, and Reclamation completed construction in 1987. A one-half mile 60-kV transmission line interconnects the Stampede power facilities with Sierra's transmission system. Reclamation operates Stampede Dam and Reservoir for four specific purposes: Flood control, fisheries enhancement, recreation, and power generation. The powerplant has a 3.65 MW generator and it provides approximately 12 million kWh of energy annually. The energy generated by the powerplant is first used to serve designated Washoe Project use loads. Western markets all remaining energy generation. Due to the nature of Washoe Project (run of the river), the energy produced is non-firm. To maximize the value of the non-firm energy, Western, in consultation with Reclamation, markets the energy under the conditions outlined in Western's contract with a third-party Contractor. The Lahontan National Fish Hatchery and the Marble Bluff Fish Facility are the project use facilities entitled to energy from the Stampede Powerplant. The Marble Bluff Fish Hatchery is located on the Truckee River about 3.5 miles upstream from Pyramid Lake. The Lahontan National Fish Hatchery is located off the Carson River just south of Carson City in Gardnerville, Nevada. The loads at these facilities are projected to be approximately 2 million kWh annually. Section 2 of the Washoe Project Act outlined the repayment period to be “* * * over a period of not more than fifty years * * *” (70 Stat. 775). In addition, Section 4 stated the cost of Fish and Wildlife facilities, including the operations and maintenance, shall be non-reimbursable. (70 Stat. 776). Public Law No. 101-618 dated November 16, 1990, further made all Washoe Project Facilities except Stampede Powerplant non-reimbursable. This was necessary because a 1982 court order requires that Stampede be operated for the benefit of endangered or threatened fish at Pyramid Lake. Power Repayment Study Western prepares a PRS each FY to determine if revenues are sufficient to repay, within the required time, all costs assigned to the Washoe Project power function. Repayment criteria are based on law, applicable policies, including DOE Order RA 6120.2, and authorizing legislation. To serve project use loads and effectively market the energy from Stampede, Western has entered into a contract with a third party (Contractor) that provides for an energy banking arrangement and establishes the SEEA. The SEEA is an annual energy exchange account for Stampede energy. Under this third-party contract, the Contractor accepts delivery of all energy generated from Stampede. The monthly calculation of revenue from Stampede energy received by the Contractor is credited into the SEEA at the SEEA Rate. Western can use the SEEA to benefit project use facilities and market energy from Stampede to CVP Preference Customers. In the SEEA, the revenues from sales (generation revenues) made at the SEEA Rate are reduced by the project use and station service power costs and SEEA administrative costs. In accordance with Western's Letter of Agreement

(LOA)with Reclamation (LOA 07-SNR-01036), Western applies the ratio of projected project use costs to the projected generation revenue recorded in the SEEA to determine a non-reimbursable percentage. One hundred percent minus this non-reimbursable percentage establishes a reimbursable percentage. This reimbursable percentage is then applied to the appropriate power-related costs to determine the reimbursable costs for repayment. The reimbursable costs are then netted against generation revenues made at the SEEA Rate. Beginning in August 2007, due to the change in the SEEA Rate, Western anticipates a reduction in the non-reimbursable percentage for the Washoe Project. This condition will subsequently increase reimbursable costs to the Preference Customers. Western estimates that the reimbursable O&M costs could increase between $97,000 and $284,000 annually due to the change in generation revenues. The proposed formula rate will increase the Stampede Revenue for repayment of the Washoe Project, which is directly attributable to the increased SEEA Rate. Under the 2004 Power Marketing Plan and the provisional formula rate, Western transfers any reimbursable costs remaining after netting them against Stampede Revenue to the CVP PRR. Western transfers revenues collected through the CVP PRR for Stampede reimbursable costs from the CVP to the Washoe Project annually. Existing and Provisional Rates and Revenue Requirement Rate schedule SNF-6 links the existing non-firm power formula rate to the terminated contract with Sierra. In addition, the index that Western uses in SNF-6 to set the “floor rate” in SNF-6 is linked to language contained in the terminated contract. These two conditions make it necessary for SNR to initiate a new rate case to align the non-firm power formula rate to future third-party contractors. The provisional formula rate SNF-7 will rectify the mismatches to the terminated contract and will continue to calculate the Stampede annual transferred PRR as a cost transferred to the CVP. The following table compares the existing and provisional non-firm power formula rate components as listed under the existing SNF-6 and provisional SNF-7 rate schedules. Comparison of Existing and Provisional Floor/SEEA Rate and Revenue Requirement Washoe Project, Stampede Powerplant Non-firm energy sales and PRR Existing rates Provisional rates (effective 8/1/08) Percent change Rate Schedule *SNF-6* *SNF-7* Floor Rate or Average SEEA Rate (Mills/kWh) for the Rate Period 0.01789 0.04785 167 Average Estimated Stampede Annual Transferred PRR ($) for Rate Period 323,139 250,194 −23 Certification of Rates Western's Administrator certified the provisional non-firm power formula rate for Stampede is the lowest possible rate consistent with sound business principles. Western developed the provisional formula rate following administrative policies and applicable laws. Non-Firm Power Formula Rate and PRR Discussion According to Reclamation Law, Western must establish rates sufficient to recover O&M, other annual and interest expenses, and repay power investment and irrigation aid. Statement of Revenue and Related Expenses The following table provides a summary of projected revenues and expenses data for the Stampede non-firm power formula rate through the 5-year provisional rate approval period. Stampede Non-Firm Power Formula Rate Revenue Requirement Comparison of 5-Year Rate Period (August 1, 2008-July 31, 2013) [Total revenues and expenses 1 ] Existing revenue requirement ($000) Provisional revenue requirement ($000) Difference ($000) Generation Revenue $1,073 $2,886 $1,813 Stampede Annual Transferred PRR (CVP Transfer Revenue) 1,939 1,501

(438)Total Revenues 3,012 4,387 1,375 *Revenue Distribution* Expenses: O&M 2 0 1,371 1,371 Project Use Expense 1,199 1,199 0 Interest 549 557 8 Total Expenses 1,748 3,127 1,379 Principal Payments: 3 Capitalized Deficits 4 1,264 1,260

(4)Original Project and Additions 0 0 0 Replacements 0 0 0 Irrigation N/A N/A N/A Total Principal Payments 1,264 1,260

(4)Total Revenue Distribution 3,012 4,387 1,375 1 Existing and proposed rates are based on a historical generation average. The difference between the two rates is

(1)different generation valuation rates and

(2)different reimbursable percentages as a result of the generation value. 2 Western's LOA with Reclamation (SNR-07-01036) articulates the calculation methodology for determining non-reimbursable costs for Stampede. Based on this LOA, the reimbursable percentage was calculated at 0.0 percent for the existing rates and 59 percent for the proposed rate adjustment. 3 For illustrative purposes, capital repayment for the existing and proposed ratesetting PRSs were set at identical levels in an effort to identify the impact of this rate adjustment on the Stampede Annual Transferred PRR. 4 Deficits are projected to be repaid by 2014. Basis for Rate Development In the SEEA, the revenues from sales (generation revenues) made at the SEEA Rate are reduced by the project use and station service power costs and SEEA administrative costs. Western applies the ratio of project use costs to the generation revenue recorded in the SEEA to determine a non-reimbursable percentage. One hundred percent minus this non-reimbursable percentage establishes a reimbursable percentage. This reimbursable percentage is then applied to the appropriate power-related costs to determine the reimbursable costs for repayment. The reimbursable costs are then netted against generation revenues made at the SEEA Rate. As stipulated under the 2004 Power Marketing Plan, any remaining reimbursable costs, to include interest and annual capital costs, are then transferred to the CVP for incorporation into the CVP PRR. The provisional formula rate for Stampede power is: Stampede Annual Transferred PRR = Stampede Annual PRR − Stampede Revenue *Where:* Stampede Annual Transferred Power Revenue Requirement

(PRR)= Stampede Annual PRR as identified as a cost transferred to the CVP. Stampede Annual PRR = The total PRR for Stampede required to repay all annual costs, including interest, and the investment within the allowable period. Stampede Revenue = Revenue from applying the SEEA rate to project generation. Western will review the PRR for the Stampede Powerplant semiannually in or around March and September each year. Western will also review the CVP PRR in March and September of each year (71 FR 45821). The CVP rate procedures stipulate that Western will analyze the CVP financial data from October through February, to the extent information is available, as well as forecasted data for March through September. In the case of Stampede, Western will use the most current PRS and the disposition of the SEEA account up through February and estimate March through September and other financial data, to the extent information is available, to determine the amount of costs to include in the CVP PRR. In September, when the next review occurs, Western will use the same methodology to include costs in the CVP PRR for the following year. Comments Western received no comments on the rate proposal during the public comment and consultation period that ended on March 7, 2008. Availability of Information Information about this rate adjustment, including power repayment studies, comments, letters, memorandums, and other supporting material made or kept by Western and used to develop the provisional rate, is available for public review in the Sierra Nevada Regional Office, Western Area Power Administration, 114 Parkshore Drive, Folsom, California. Ratemaking Procedure Requirements Environmental Compliance In compliance with the National Environmental Policy Act

(NEPA)of 1969 (42 U.S.C. 4321, *et seq.* ); the Council on Environmental Quality Regulations for implementing NEPA (40 CFR Parts 1500-1508); and DOE NEPA Implementing Procedures and Guidelines (10 CFR Part 1021), Western has determined that this action is categorically excluded from preparing an environmental assessment or an environmental impact statement. Determination Under Executive Order 12866 Western has an exemption from centralized regulatory review under Executive Order 12866; accordingly, no clearance of this notice by the Office of Management and Budget is required. Submission to the Federal Energy Regulatory Commission The interim rate herein confirmed, approved, and placed into effect, together with supporting documents, will be submitted to FERC for confirmation and final approval. Order In view of the foregoing and under the authority delegated to me, I confirm and approve on an interim basis, effective August 1, 2008, Rate Schedule SNF-7 for the Washoe Project, Stampede Division of the Western Area Power Administration. The rate schedule shall remain in effect on an interim basis, pending FERC's confirmation and approval of them or substitute rate on a final basis through July 31, 2013. Dated: July 14, 2008. Jeffrey F. Kupfer, Acting Deputy Secretary. Rate Schedule SNF-7 (Supersedes Schedule SNF-6) United States Department of Energy Western Area Power Administration Washoe Project, Stampede Division Schedule of Rate for Non-Firm Power Formula Rate Effective The first day of the first full billing period beginning on or after August 1, 2008, through July 31, 2013, or until superseded by another rate schedule, whichever occurs earlier. Available Within the marketing area served by the Sierra Nevada Customer Service Region. Applicable To preference customers under the 2004 Power Marketing Plan and the applicable third party(ies) who are under contract (Contractor) with Western. Character and Conditions of Service Alternating current, 60 hertz, three-phase, delivered and metered at the voltages and points established by contract. Non-Firm Power Formula Rate In order to serve project use loads and effectively market the energy from Stampede, Western has contracted with a third-party Contractor that provides for a Stampede Energy Exchange Account (SEEA). The SEEA is an annual energy exchange account for Stampede energy. In the SEEA, the revenues from sales (generation revenues) made at the SEEA Rate are reduced by the project use and station service power costs and SEEA administrative costs. Western applies the ratio of project use costs to the generation revenue recorded in the SEEA to determine a non-reimbursable percentage. One hundred percent minus this non-reimbursable percentage establishes a reimbursable percentage. This reimbursable percentage is then applied to the appropriate power-related costs to determine the reimbursable costs for repayment. The reimbursable costs are then netted against generation revenues made at the SEEA Rate. As stipulated under the 2004 Power Marketing Plan, any remaining reimbursable costs, to include interest and annual capital costs, are then transferred to the Central Valley Project for incorporation into the CVP Power Revenue Requirement. The provisional formula rate for Stampede power is: Stampede Annual Transferred PRR = Stampede Annual PRR−Stampede Revenue *Where:* Stampede Annual Transferred Power Revenue Requirement

(ICR)has been forwarded to the Office of Management and Budget

(OMB)for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost. DATES: Additional comments may be submitted on or before August 21, 2008. ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-OECA-2007-0128, to

(1)EPA online using *http://www.regulations.gov* (our preferred method), or by e-mail to *docket.oeca@epa.gov* , or by mail to: EPA Docket Center (EPA/DC), Environmental Protection Agency, Enforcement and Compliance Docket and Information Center, Mail Code 2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and

(2)OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *Attention:* Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: María Malavé, Compliance Assessment and Media Programs Division, Mail Code 2223A, Office of Compliance, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; *telephone number:*

(202)564-7027; *fax number:*

(202)564-0050; *e-mail address: malave.maria@epa.gov* . SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On March 9, 2007 (72 FR 10735), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under docket ID number EPA-HQ-OECA-2007-0128, which is available for public viewing online at *http://www.regulations.gov* , in person viewing at the Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, 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 Enforcement and Compliance Docket is

(202)566-1927. Use the EPA electronic docket and comment system at *http://www.regulations.gov* , to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select “docket search,” then key in the docket ID number identified above. Please note the EPA policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at *http://www.regulations.gov* , as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to *http://www.regulations.gov* . *Title:* NESHAP for Ferroalloys Production: Ferromanganese and Silicomanganese (Renewal). *ICR Numbers:* EPA ICR Number 1831.04, OMB Number 2060-0391. *ICR Status:* This ICR is scheduled to expire on September 30, 2008. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. An Agency may neither conduct nor 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 the EPA regulations in title 40 of the CFR, after appearing in the **Federal Register** when approved, are listed in 40 CFR part 9, and displayed either by publication in the **Federal Register** or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. *Abstract:* The National Emission Standards for Hazardous Air Pollutants (NESHAP) using Maximum Achievable Control Technology were proposed on August 4, 1998, promulgated on May 20, 1999, and amended most recently on March 22, 2001. The rule applies to ferroalloy production facilities that manufacture ferromanganese and silicomanganese that are major sources of hazardous air pollutants

(HAPs)or are co-located at major sources of HAPs. In general, all NESHAP standards require initial notifications, performance tests, and periodic reports. Respondents that are not required to conduct an initial performance test are required to notify the EPA Administrator of the initial compliance status of the source. Sources are also required to monitor and maintain records of its operations including:

(1)Process or control device parameters;

(2)bag leak detention systems;

(3)maintenance plan for air pollution control devices (e.g., capture system and venturi scrubbers);

(4)certification that monitoring devices are accurate; and

(5)the implementation and corrective actions taken related to the startup, shutdown and malfunction plan and the fugitive dust control plan. The types of periodic reports required by this regulation include: Opacity-related reports; performance test results reports; immediate and periodic startup/shutdown/malfunction reports, quarterly emissions reports; capture hood inspection reports; fugitive dust operations reports; and annual compliance status reports. These notifications, reports, and records are essential in determining compliance, and are required of all sources subject to NESHAP standards. *Burden Statement:* The annual public reporting and recordkeeping burden for this collection of information is estimated to average 83 hours per response. 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 which have subsequently changed; train personnel to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. *Respondents/Affected Entities:* Ferroalloy production facilities that manufacture ferromanganese and silicomanganese and are either major sources of HAPs or are co-located at major sources of HAPs. *Estimated Number of Respondents:* 1. *Frequency of Response:* Initially, annually, semiannually and quarterly. *Estimated Total Annual Hour Burden:* 584 hours. *Estimated Total Annual Costs:* $37,129 in Labor costs exclusively. There are no annualized capital/startup or O&M costs associated with this ICR. *Changes in the Estimates:* There are no changes in the labor hours and cost in this ICR compared to the previous ICR. This is due to two considerations:

(1)The regulations have not changed over the past three years and are not anticipated to change over the next three years; and

(2)the growth rate for the industry is either very low, or negative, or non-existent, so there are no significant changes in the overall burden. Since there are no changes in the regulatory requirements and there is no significant industry growth, the labor hours and cost figures in the previous ICR are used in this ICR, and there is no change in burden to industry. Dated: July 16, 2008. Sara Hisel-McCoy, Director, Collection Strategies Division. [FR Doc. E8-16739 Filed 7-21-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8695-8] Notice of Availability of Draft NPDES General Permits MAG7000 and NHG7000 for Discharges From Dewatering Activities in the States of Massachusetts and New Hampshire: the Dewatering General Permit

(DGP)AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Availability of Draft NPDES General Permits MAG7000 and NHG7000. SUMMARY: The Director of the Office of Ecosystem Protection, EPA-New England, is issuing a notice of availability of the draft National Pollutant Discharge Elimination System (NPDES) general permits for dewatering activity discharges to certain waters of the Commonwealth of Massachusetts and the State of New Hampshire. These General Permits replace the Construction Dewatering General Permits which expired on September 23, 2007. These draft General Permits establish Notice of Intent

(NOI)requirements, effluent limitations, standards, prohibitions, and management practices for facilities with dewatering activity discharges from construction dewatering, flushing of potable water lines, pump testing of water wells, and dewatering of foundation sumps. Owners and/or operators of facilities with dewatering discharges, including those currently authorized to discharge under the expired General Permits, will be required to submit an NOI to be covered by the General Permit to both EPA-New England and the appropriate state agency. After EPA and the State have reviewed the NOI, the facility will receive a written notification from EPA of permit coverage and authorization to discharge under the General Permit. The purpose of this document is to solicit public comments on the proposed General Permits. *Public Comment Period:* Interested persons may submit written comments on the draft General Permits to the EPA-Region I at the address listed below. Within the comment period, interested persons may also request, in writing, that EPA hold a public hearing pursuant to 40 CFR section 124.12, concerning the draft General Permits. Such requests shall state the nature of the issues proposed to be raised at the hearing. A public hearing may be held at least thirty days after public notice whenever the Regional Administrator finds that response to this notice indicates significant public interest. In reaching a final decision on this draft permit, the Regional Administrator will respond to all significant comments and make responses available to the public at EPA's Boston office. In addition to comments on the draft General Permit, EPA is also requesting comments on the cost associated with a limit for total residual chlorine

(TRC)for discharges containing potable water. All comments and requests for public hearings must be postmarked or delivered before midnight August 21, 2008, the close of the public comment period. All public comments or requests for a public hearing must be submitted to the address below. ADDRESSES: Written comments on the draft General Permit may be hand delivered or mailed to Ms. Sara Green, EPA-Region 1, Office of Ecosystem Protection, CIP, 1 Congress Street, Suite 1100, Boston, Massachusetts 02114-2023, or sent via e-mail to *green.sara@epa.gov* . No facsimiles (faxes) will be accepted. FOR FURTHER INFORMATION: For further information contact Ms. Green at 617/918-1574, between the hours of 9 a.m. and 5 p.m., Monday through Friday, excluding holidays. The draft General Permits are based on an administrative record available for public review at EPA-Region 1, Office of Ecosystem Protection, 1 Congress Street, Suite 1100, Boston, Massachusetts 02114-2023, Monday-Friday from 9 a.m.-5 p.m. The draft General Permits and a Fact Sheet may also be viewed over the Internet via the EPA-Region 1 Web site. The Fact Sheet and General Permit for dischargers in Massachusetts are at *http://www.epa.gov/ne/npdes/mass.html* . The Fact Sheet and General Permit for dischargers in New Hampshire are at *http://www.epa.gov/ne/npdes/newhampshire.html* . To obtain a paper copy of the documents, please contact Ms. Green using the contact information provided above. A reasonable fee may be charged for copying requests. SUPPLEMENTARY INFORMATION: Regulatory Flexibility Analysis The Regulatory Flexibility Act

(RFA)generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. The legal question of whether a general permit (as opposed to an individual permit) qualifies as a “rule” or as an “adjudication” under the Administrative Procedure Act

(APA)has been the subject of periodic litigation. In a recent case, the court held that the Clean Water Act

(CWA)Section 404 Nationwide general permit before the court did qualify as a “rule” and therefore that the issuance of the general permit needed to comply with the applicable legal requirements for the issuance of a “rule.” *National Ass'n of Home Builders* v. *U.S. Army Corps of Engineers,* 417 F.3d 1272, 1284-85 (DC Cir. 2005) (Army Corps general permits under Section 404 of the Clean Water Act are rules under the APA and the Regulatory Flexibility Act; “Each NWP [nationwide permit] easily fits within the APA's definition of a ‘rule.’* * * As such, each NWP constitutes a rule * * *”.) As EPA stated in 1998, “the Agency recognizes that the question of the applicability of the APA, and thus the RFA, to the issuance of a general permit is a difficult one, given the fact that a large number of dischargers may choose to use the general permit.” 63 FR 36489, 36497 (July 6, 1998). At that time, EPA “reviewed its previous NPDES general permitting actions and related statements in the **Federal Register** or elsewhere,” and stated that “[t]his review suggests that the Agency has generally treated NPDES general permits effectively as rules, though at times it has given contrary indications as to whether these actions are rules or permits.” *Id.* at 36496. Based on EPA's further legal analysis of the issue, the Agency “concluded, as set forth in the proposal, that NPDES general permits are permits [i.e., adjudications] under the APA and thus not subject to APA rulemaking requirements or the RFA.” *Id.* Accordingly, the Agency stated that “the APA's rulemaking requirements are inapplicable to issuance of such permits,” and thus “NPDES permitting is not subject to the requirement to publish a general notice of proposed rulemaking under the APA or any other law * * * [and] it is not subject to the RFA.” *Id.* at 36497. However, the Agency went on to explain that, even though EPA had concluded that it was not legally required to do so, the Agency would voluntarily perform the RFA's small-entity impact analysis. *Id.* EPA explained the strong public interest in the Agency following the RFA's requirements on a voluntary basis: “[The notice and comment] process also provides an opportunity for EPA to consider the potential impact of general permit terms on small entities and how to craft the permit to avoid any undue burden on small entities.” *Id.* Accordingly, with respect to the NPDES permit that EPA was addressing in that **Federal Register** notice, EPA stated that “the Agency has considered and addressed the potential impact of the general permit on small entities in a manner that would meet the requirements of the RFA if it applied.” *Id.* Subsequent to EPA's conclusion in 1998 that general permits are adjudications, rather than rules, as noted above, the DC Circuit recently held that nationwide general permits under section 404 are “rules” rather than “adjudications.” Thus, this legal question remains “a difficult one” ( *supra* ). However, EPA continues to believe that there is a strong public policy interest in EPA applying the RFA's framework and requirements to the Agency's evaluation and consideration of the nature and extent of any economic impacts that a CWA general permit could have on small entities (e.g., small businesses). In this regard, EPA believes that the Agency's evaluation of the potential economic impact that a general permit would have on small entities, consistent with the RFA framework discussed below, is relevant to, and an essential component of, the Agency's assessment of whether a CWA general permit would place requirements on dischargers that are appropriate and reasonable. Furthermore, EPA believes that the RFA's framework and requirements provide the Agency with the best approach for the Agency's evaluation of the economic impact of general permits on small entities. While using the RFA framework to inform its assessment of whether permit requirements are appropriate and reasonable, EPA will also continue to ensure that all permits satisfy the requirements of the Clean Water Act. Accordingly, EPA has committed to operating in accordance with the RFA's framework and requirements during the Agency's issuance of CWA general permits (in other words, the Agency has committed that it will apply the RFA in its issuance of general permits as if those permits do qualify as “rules” that are subject to the RFA). EPA anticipates that for most general permits the Agency will be able to conclude that there is not a significant economic impact on a substantial number of small entities. In such cases, the requirements of the RFA framework are fulfilled by including a statement to this effect in the permit fact sheet, along with a statement providing the factual basis for the conclusion. A quantitative analysis of impacts would only be required for permits that may affect a substantial number of small entities, consistent with EPA guidance regarding RFA certification. 1 1 EPA's current guidance, entitled Final Guidance for EPA Rulewriters: Regulatory Flexibility Act as Amended by the Small Business Regulatory Enforcement and Fairness Act, was issued in November 2006 and is available on EPA's Web site: *http://www.epa.gov/sbrefa/documents/rfafinalguidance06.pdf.* After considering the Guidance and the purpose of CWA general permits, EPA concludes that general permits affecting fewer than 100 small entities do not have a significant economic impact on a substantial number of small entities. Consistent with the above discussion, EPA has concluded that the proposed issuance of the 2008 DGP would not affect a substantial number of small entities. An estimated 36 construction projects per year were authorized under the 2002 General Permits, a substantial number of which were not operated by small entities. The 2008 DGP includes expanded coverage for additional types of discharges; however, these discharges are temporary in nature. At any one time, fewer than 100 small entities are expected to be discharging and incurring costs. In addition, requirements in the draft 2008 DGP remain substantially similar to those in the 2002 General Permit, except for the addition of total residual chlorine

(TRC)limits for discharges from municipal sources. Therefore, EPA has concluded that the proposed issuance of the 2008 DGP is unlikely to have an adverse economic impact on small entities. Dated: July 14, 2008. Robert W. Varney, Regional Administrator, Region 1. [FR Doc. E8-16740 Filed 7-21-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8695-5] Notice of Availability of the Draft Demonstration of Alternative Asbestos Control Method Demolition for Two Asbestos-Containing Buildings and Expert Peer Review Meeting AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of document availability and external peer review meeting. SUMMARY: The U.S. Environmental Protection Agency is announcing the availability for review and comment of two draft reports titled, Evaluation of the Alternative Asbestos Control Method at Site Two (AACM2) for Demolition of Asbestos-Containing Buildings, and Evaluation of the Alternative Asbestos Control Method at Site Three (AACM3) for Demolition of Asbestos-Containing Buildings. These reports were prepared by EPA's Office of Research and Development

(ORD)and are available through docket ID number EPA-HQ-ORD-2008-0523 located at *http://www.regulations.gov* and through *http://www.epa.gov/region6/6xa/asbestos.* EPA is also announcing that in the month of August or September an EPA contractor will convene a panel of experts and will organize and conduct an independent expert external peer review meeting of the two reports. The dates and location of the peer review meeting will be provided in a separate **Federal Register** Notice. The public will be invited to register to attend the peer review meeting as observers and also will be able to give oral or provide written comments at the meeting. The expert panel will review the scientific and technical aspects of the draft documents and consider public comments received prior to the meeting in the official public docket for this activity under docket ID number EPA-HQ-ORD-2008-0523. The public release of these draft documents is solely for the purpose of seeking public comment and external peer review. The draft reports do not represent and should not be construed to represent any final EPA by policy, viewpoint, or determination. DATES: The 30-day public comment period on the two draft documents begins July 22, 2008, and ends August 21, 2008. All comments should be in writing and must be received by EPA by August 21, 2008. The dates and location of the peer review meeting will be announced at a later date in a subsequent **Federal Register** Notice. ADDRESSES: You may submit comments on these documents to Docket ID No. EPA-HQ-ORD-2008-0523 by one of the following methods: • *http://www.regulations.gov:* Follow the online instructions for submitting comments. • *E-mail: ORD.Docket@epa.gov.* • *Mail:* ORD Docket, Environmental Protection Agency, Mail Code: 28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. • *Hand Delivery:* EPA Docket Center (EPA/DC), Room B102, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-ORD-2008-0523. Deliveries are only accepted from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. Special arrangements should be made for deliveries of boxed information. If you provide comments by mail or hand delivery, please submit three copies of the comments. For attachments, provide an index, number pages consecutively with the comments, and submit an unbound original and three copies. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-ORD-2008-0523. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket:* All documents in the docket are listed in the *http://www.regulations.gov/index* . Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the ORD Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC. The 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 Public Reading Room is

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

(202)566-1752. FOR FURTHER INFORMATION CONTACT: For questions regarding the draft documents, please contact Roger Wilmoth, Office of Research and Development, Telephone

(513)569-7509, fax number

(513)569-7471, *Wilmoth.Roger@epa.gov;* U.S. Environmental Protection Agency, Mail Code 445, 26 West Martin Luther King Drive, Cincinnati, OH 45268. SUPPLEMENTARY INFORMATION: EPA is submitting the draft reports for independent, external scientific and technical peer review. The draft reports provide the documentation and scientific evaluation of the environmental effectiveness of the draft AACM protocol as a possible alternative technology in controlling multimedia asbestos emissions during demolition of asbestos-containing buildings, as required by the existing Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP). The draft AACM demolition protocol was used on two separate buildings. One building contained NESHAP-regulated quantities of asbestos-containing transite siding and the second building contained NESHAP-regulated quantities of asbestos-containing popcorn ceiling and wall surfacing material. In addition to assessing the environmental effectiveness of the draft AACM technology, these two draft reports assess the costs and time requirements of the application of the AACM protocol in these situations, as well as document lessons learned in each instance. Public comments received in the docket will be shared with the external peer review panel for their consideration. Although EPA is under no obligation to do so, EPA may consider comments received after the close of the comment period. The public release of this draft document is solely for the purpose of seeking public comment and peer review, and does not represent and should not be construed to represent any EPA policy, viewpoint, or determination. Dated: July 15, 2008. Fred S. Hauchman, Acting Director, Office of Science Policy, Office of Research and Development. [FR Doc. E8-16745 Filed 7-21-08; 8:45 am] BILLING CODE 6560-50-P FEDERAL HOUSING FINANCE BOARD Sunshine Act Meeting Notice; Announcing a Closed Meeting of the Board of Directors Time and Date: A closed meeting of the Board of Directors is scheduled to begin at 10 a.m. on Wednesday, July 23, 2008. Place: Board Room, First Floor, Federal Housing Finance Board, 1625 Eye Street, NW., Washington, DC 20006. Status: The meeting will be closed to the public. Matter to be Considered at the Meeting: Periodic Update of Examination Program Development and Supervisory Findings. Contact Person for More Information: Shelia Willis, Paralegal Specialist, Office of General Counsel, at 202-408-2876 or *williss@fhfb.gov* . By the Federal Housing Finance Board. Dated: July 16, 2008. Neil R. Crowley, Deputy General Counsel. [FR Doc. 08-1453 Filed 7-17-08; 11:06 am]

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