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Federal Register / Vol. 71, No.

49 / Tuesday, March 14, 2006 / Notices 13123

and storage capacity of 4,800 acre-feet an unequivocal statement of intent to obtained by agencies directly from the
and normal water surface elevation of submit, if such an application may be Applicant. If an agency does not file
¥1,628 feet mean sea level; and (8) filed, either a preliminary permit comments within the time specified for
appurtenant facilities. The proposed application or a development filing comments, it will be presumed to
project would have an average annual application (specify which type of have no comments. One copy of an
generation of 2,628 gigawatt-hours that application). A notice of intent must be agency’s comments must also be sent to
would be sold to a local utility. served on the applicant(s) named in this the Applicant’s representatives.
l. Locations of Applications: A copy of public notice.
the application is available for p. Proposed Scope of Studies Under Magalie R. Salas,
inspection and reproduction at the Permit—A preliminary permit, if issued, Secretary.
Commission in the Public Reference does not authorize construction. The [FR Doc. E6–3598 Filed 3–13–06; 8:45 am]
Room, located at 888 First Street NE., term of the proposed preliminary permit BILLING CODE 6717–01–P
Room 2A, Washington, DC 20426, or by would be 36 months. The work
calling (202) 502–8371. This filing may proposed under the preliminary permit
also be viewed on the Commission’s would include economic analysis, DEPARTMENT OF ENERGY
Web site at http://www.ferc.gov using preparation of preliminary engineering
the ‘‘eLibrary’’ link. Enter the docket plans, and a study of environmental Federal Energy Regulatory
number excluding the last three digits in impacts. Based on the results of these Commission
the docket number field to access the studies, the Applicant would decide
Notice of Application for Amendment
document. You may also register online whether to proceed with the preparation
of License and Soliciting Comments,
at http://www.ferc.gov/docs-filing/ of a development application to
Motions To Intervene, and Protests
esubscription.asp to be notified via e- construct and operate the project.
mail of new filings and issuances q. Comments, Protests, or Motions To March 7, 2006.
related to this or other pending projects. Intervene—Anyone may submit Take notice that the following
For assistance, call toll-free 1–866–208– comments, a protest, or a motion to hydroelectric application has been filed
3676 or e-mail intervene in accordance with the with the Commission and is available
FERCOnlineSupport@ferc.gov. For TTY, requirements of Rules of Practice and for public inspection:
call (202) 502–8659. A copy is also Procedure, 18 CFR 385.210, .211, .214. a. Application Type: Amendment of
available for inspection and In determining the appropriate action to license to upgrade the installed
reproduction at the address in item (h) take, the Commission will consider all capacity.
above. protests or other comments filed, but b. Project No.: 309–053.
m. Preliminary Permit—Anyone only those who file a motion to c. Date Filed: February 24, 2006.
desiring to file a competing application intervene in accordance with the d. Applicant: Brookfield Power Piney
for preliminary permit for a proposed Commission’s Rules may become a & Deep Creek, LLC.
project must submit the competing party to the proceeding. Any comments, e. Name of Project: Piney Project.
application itself, or a notice of intent to protests, or motions to intervene must f. Location: The Project is located on
file such an application, to the be received on or before the specified the Clarion River in Clarion County,
Commission on or before the specified comment date for the particular Pennsylvania.
comment date for the particular application. g. Filed Pursuant to: Federal Power
application (see 18 CFR 4.36). r. Filing and Service of Responsive Act, 16 U.S.C. 791a–825r.
Submission of a timely notice of intent Documents—Any filings must bear in h. Applicant Contact: Mr. Sam
allows an interested person to file the all capital letters the title Hirschey, Brookfield Power New York,
competing preliminary permit ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT 225 Greenfield Parkway, Suite 201,
application no later than 30 days after TO FILE COMPETING APPLICATION’’, Liverpool, NY 13088. Tel: (315) 413–
the specified comment date for the ‘‘COMPETING APPLICATION’’, 2790.
particular application. A competing ‘‘PROTEST’’, ‘‘MOTION TO i. FERC Contact: Any questions on
preliminary permit application must INTERVENE’’, as applicable, and the this notice should be addressed to
conform with 18 CFR 4.30(b) and 4.36. Project Number of the particular Vedula Sarma at (202) 502–6190 or
n. Preliminary Permit—Any qualified application to which the filing refers. vedula.sarma@ferc.gov.
development applicant desiring to file a Any of the above-named documents j. Deadline for filing comments and/
competing development application must be filed by providing the original or motions: April 7, 2006.
must submit to the Commission, on or and the number of copies provided by k. Description of Filing: Brookfield
before a specified comment date for the the Commission’s regulations to: The Power Piney & Deep Creek, LLC
particular application, either a Secretary, Federal Energy Regulatory proposes to replace the existing Unit 2
competing development application or a Commission, 888 First Street, NE., runner with a new runner. The
notice of intent to file such an Washington, DC 20426. An additional proposed upgrade would increase the
application. Submission of a timely copy must be sent to Director, Division installed capacity of the project from
notice of intent to file a development of Hydropower Administration and 28,000 kilowatts to 30,000 kilowatts,
application allows an interested person Compliance, Federal Energy Regulatory and the hydraulic capacity from 5,400
to file the competing application no Commission, at the above-mentioned cfs to 5,600 cfs.
later than 120 days after the specified address. A copy of any notice of intent, l. Locations of Applications: A copy of
comment date for the particular competing application or motion to the application is available for
application. A competing license intervene must also be served upon each inspection and reproduction at the
application must conform with 18 CFR representative of the Applicant Commission in the Public Reference
wwhite on PROD1PC65 with NOTICES

4.30(b) and 4.36. specified in the particular application. Room, located at 888 First Street NE.,
o. Notice of Intent—A notice of intent s. Agency Comments—Federal, state, Room 2A, Washington, DC 20426, or by
must specify the exact name, business and local agencies are invited to file calling (202) 502–8371. This filing may
address, and telephone number of the comments on the described application. also be viewed on the Commission’s
prospective applicant, and must include A copy of the application may be Web site at http://www.ferc.gov using

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13124 Federal Register / Vol. 71, No. 49 / Tuesday, March 14, 2006 / Notices

the ‘‘eLibrary’’ link. Enter the docket site at http://www.ferc.gov under the the criteria and procedures for
number excluding the last three digits in ‘‘e-Filing’’ link. determining whether or not they
the docket number field to access the demonstrate conformity. Conformity to
Magalie R. Salas,
document. You may also register online a SIP means that transportation
at http://www.ferc.gov/docs-filing/ Secretary.
activities will not produce new air
esubscription.asp to be notified via e- [FR Doc. E6–3599 Filed 3–13–06; 8:45 am]
quality violations, worsen existing
mail of new filings and issuances BILLING CODE 6717–01–P
violations, or delay timely attainment of
related to this or other pending projects. the national ambient air quality
For assistance, call toll-free 1–866–208– standards.
3676 or e-mail ENVIRONMENTAL PROTECTION
FERCOnlineSupport@ferc.gov. For TTY, AGENCY The criteria by which we determine
call (202) 502–8659. A copy is also whether a SIP’s motor vehicle emission
[EPA–R09–OAR–2006–0147; FRL–8044–7] budgets are adequate for conformity
available for inspection and
reproduction at the address in item (h) Adequacy Determination for the purposes are outlined in 40 CFR
above. Sacramento Eight-Hour Ozone 93.118(e)(4). One of these criteria is that
m. Individuals desiring to be included Reasonable Further Progress Plan for the motor vehicle emissions budgets,
on the Commission’s mailing list should Transportation Conformity Purposes; when considered together with all other
so indicate by writing to the Secretary State of California emissions sources, are consistent with
of the Commission. applicable requirements for a SIP. We
n. Comments, Protests, or Motions to AGENCY: Environmental Protection have preliminarily determined that the
Intervene: Anyone may submit Agency (EPA). Sacramento 8-hour ozone reasonable
comments, a protest, or a motion to ACTION: Notice of adequacy. further progress plan meets the
intervene in accordance with the
SUMMARY: In this notice, EPA is
necessary emission reduction
requirements of Rules of Practice and
notifying the public that EPA has found requirements and, therefore, the motor
Procedure, 18 CFR 385.210, .211, .214.
In determining the appropriate action to that the motor vehicle emissions vehicle emissions budgets can be found
take, the Commission will consider all budgets in the Sacramento 8-hour ozone adequate. Please note that an adequacy
protests or other comments filed, but reasonable further progress plan are review is separate from EPA’s
only those who file a motion to adequate for conformity purposes. As a completeness review which is required
intervene in accordance with the result of our finding, the Sacramento 8- by section 110(k)(1) of the Clean Air
Commission’s Rules may become a hour ozone nonattainment area (which Act, and it also should not be used to
party to the proceeding. Any comments, consists of all of Sacramento and Yolo prejudge EPA’s ultimate action
protests, or motions to intervene must counties, and portions of Placer, El (approval or disapproval) on the
be received on or before the specified Dorado, Solano, and Sutter counties) submitted plan itself. Even if we find
comment date for the particular must use the motor vehicle emissions budgets adequate, the submitted plan
application. budgets from the submitted 8-hour could later be disapproved.
o. Filing and Service of Responsive ozone reasonable further progress plan. We have described our process for
Documents: Any filings must bear in all DATES: This determination is effective
capital letters the title ‘‘COMMENTS’’, determining the adequacy of submitted
March 29, 2006. SIP budgets in guidance (May 14, 1999
‘‘RECOMMENDATIONS FOR TERMS
FOR FURTHER INFORMATION CONTACT: memo titled ‘‘Conformity Guidance on
AND CONDITIONS’’, ‘‘PROTEST’’, OR
Dave Jesson, Environmental Protection Implementation of March 2, 1999
‘‘MOTION TO INTERVENE’’, as
Agency, Region IX, Air Planning Office Conformity Court Decision’’). This
applicable, and the Project Number of
(AIR–2), 75 Hawthorne Street, San guidance is now reflected in the
the particular application to which the
Francisco, CA 94105, (415) 972–3957, transportation conformity rule at 40 CFR
filing refers. All documents (original
jesson.david@epa.gov. 93.118(e), most recently amended on
and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal SUPPLEMENTARY INFORMATION: July 1, 2004 (69 FR 40004) and July 20,
Energy Regulatory Commission, 888 Throughout this document, whenever 2004 (69 FR 43325). We followed this
First Street, NE., Washington DC 20426. ‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, we mean process in making our adequacy
A copy of any motion to intervene must EPA. determination on the emissions budgets
also be served upon each representative Today’s notice is simply an contained in the Sacramento 8-hour
of the Applicant specified in the announcement of a finding that we have ozone reasonable further progress plan.
particular application. already made. EPA Region IX sent a
letter to the California Air Resources The budgets for the Sacramento area
p. Agency Comments: Federal, state,
and local agencies are invited to file Board, dated February 24, 2006, stating for the year 2008 are as follows: 41 tons
comments on the described application. that the motor vehicle emissions per day of volatile organic compounds
A copy of the application may be budgets for the year 2008 for the and 75 tons per day of nitrogen oxides.
obtained by agencies directly from the Sacramento 8-hour ozone reasonable Authority: 42 U.S.C. 7401 et seq.
Applicant. If an agency does not file further progress plan are adequate. This
Dated: March 1, 2006.
comments within the time specified for finding is also posted on EPA’s
conformity Web site: http:// Laura Yoshii,
filing comments, it will be presumed to
have no comments. One copy of an www.epa.gov/otaq/transp/conform/ Acting Regional Administrator, EPA Region
agency’s comments must also be sent to pastsips.htm. IX.
the Applicant’s representatives. Transportation conformity is required [FR Doc. E6–3588 Filed 3–13–06; 8:45 am]
wwhite on PROD1PC65 with NOTICES

q. Comments, protests and by section 176(c) of the Clean Air Act. BILLING CODE 6560–50–P
interventions may be filed electronically EPA’s conformity rule requires that
via the Internet in lieu of paper. See, 18 transportation plans, programs, and
CFR 385.2001(a)(1)(iii) and the projects conform to state air quality
instructions on the Commission’s Web implementation plans and establishes

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