Federal Register / Vol. 69, No. 221 / Wednesday, November 17, 2004 / Notices 67347

Band Satellite. Persons interested in 

receiving the broadcast, or who need 

information on making arrangements 

should contact David Reininger or Julia 

Morelli at the Capitol Connection (703–

993–3100) as soon as possible or visit 

the Capitol Connection Web site at 

http://www.capitolconnection.gmu.edu

and click on ‘‘FERC’’. 

[FR Doc. 04–25556 Filed 11–12–04; 4:18 pm] 

BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory 

Commission 

Notice of Meeting, Notice of Vote, 

Explanation of Action Closing Meeting 

and List of Persons To Attend 

November 10, 2004. 

The following notice of meeting is 

published pursuant to section 3(a) of the 

Government in the Sunshine Act (Pub. 

L. 94–409), 5 U.S.C. 552b:

AGENCY: Federal Energy Regulatory 

Commission.

DATE AND TIME: November 18, 2004 

(Within a relatively short time after the 

Commission’s open meeting on 

November 18).

PLACE: Room 3M 4A/B, 888 First Street, 

NE., Washington, DC 20426.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Non-Public 

Investigations and Inquiries, 

Enforcement Related Matters, and 

Security of Regulated Facilities.

FOR FURTHER INFORMATION CONTACT:

Magalie R. Salas, Secretary, Telephone 

(202) 502–8400. 

Chairman Wood and Commissioners 

Brownell, Kelliher, and Kelly voted to 

hold a closed meeting on November 18, 

2004. The certification of the General 

Counsel explaining the action closing 

the meeting is available for public 

inspection in the Commission’s Public 

Reference Room at 888 First Street, NE., 

Washington, DC 20426. 

The Chairman and the 

Commissioners, their assistants, the 

Commission’s Secretary and her 

assistant, the General Counsel and 

members of her staff, and a stenographer 

are expected to attend the meeting. 

Other staff members from the 

Commission’s program offices who will 

advise the Commissioners in the matters 

discussed will also be present.

Linda Mitry, 

Deputy Secretary.

[FR Doc. 04–25557 Filed 11–12–04; 4:18 pm] 

BILLING CODE 6717–01–M

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7838–4] 

Proposed Settlement Agreement, 

Clean Air Act Citizen Suit

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice of Proposed Settlement 

Agreement; Request for Public 

Comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(‘‘Act’’), 42 U.S.C. 7413(g), notice is 

hereby given of a proposed settlement 

agreement, to address a lawsuit filed by 

Louisiana Environmental Action 

Network (‘‘LEAN’’): LEAN v. Leavitt, 

04–CV–370 (M.D. La.). On or about June 

4, 2004, LEAN filed a complaint alleging 

that LEAN had submitted a petition to 

EPA seeking an objection to permits 

issued by Louisiana’s Department of 

Environmental Quality to Dow 

Chemical Company for two plants 

located in Plaquemine, Louisiana, and 

that the Administrator has failed to 

perform his nondiscretionary duty to 

respond to the petition within sixty 

days of the date it was filed. Under the 

terms of the proposed settlement 

agreement, EPA has agreed to respond 

to the petition by December 22, 2004, 

and LEAN has agreed to dismiss its suit 

with prejudice. In addition, under the 

proposed settlement, EPA would pay 

LEAN $1641.50 in settlement of its 

claims for attorneys’ fees in this matter.

DATES: Written comments on the 

proposed settlement agreement must be 

received by December 17, 2004.

ADDRESSES: Submit your comments, 

identified by docket ID number OGC–

2004–0010, online at http://

www.epa.gov/edocket (EPA’s preferred 

method); by e-mail to 

oei.docket@epa.gov; mailed to EPA 

Docket Center, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; or by 

hand delivery or courier to EPA Docket 

Center, EPA West, Room B102, 1301 

Constitution Ave., NW., Washington, 

DC, between 8:30 a.m. and 4:30 p.m. 

Monday through Friday, excluding legal 

holidays. Comments on a disk or CD–

ROM should be formatted in 

Wordperfect or ASCII file, avoiding the 

use of special characters and any form 

of encryption, and may be mailed to the 

mailing address above.

FOR FURTHER INFORMATION CONTACT:

David Orlin, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460, telephone: (202) 

564–1222.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement 

This settlement would resolve a 

lawsuit seeking a response to a petition 

to object to Title V permits issued by 

Louisiana’s Department of 

Environmental Quality to Dow 

Chemical for modifications to Dow’s 

Cellulose plant (permit 2227–V2) and 

Light Hydrocarbon plant (permit 2024–

V2), which are located in Plaquemine, 

Louisiana. Under the proposed 

settlement, the parties would seek to 

stay the pending litigation, and LEAN 

would dismiss its lawsuit if the 

Administrator issues a response to the 

petition by December 22, 2004. The 

settlement does not require the 

Administrator to respond to the petition 

in any particular way. If the settlement 

becomes final and the Administrator 

issues a response to the petition by 

December 22, 2004, then EPA will pay 

LEAN $1641.50 in settlement of LEAN’s 

claims for attorneys’ fees.

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will receive written 

comments relating to the proposed 

settlement agreement from persons who 

were not named as parties or interveners 

to the litigation in question. EPA or the 

Department of Justice may withdraw or 

withhold consent to the proposed 

settlement agreement if the comments 

disclose facts or considerations that 

indicate that such consent is 

inappropriate, improper, inadequate, or 

inconsistent with the requirements of 

the Act. Unless EPA or the Department 

of Justice determine, based on any 

comment which may be submitted, that 

consent to the settlement agreement 

should be withdrawn, the terms of the 

agreement will be affirmed. 

II. Additional Information About 

Commenting on the Proposed 

Settlement 

A. How Can I Get a Copy of the 

Settlement ? 

EPA has established an official public 

docket for this action under Docket ID 

No. OGC–2004–0010 which contains a 

copy of the settlement. The official 

public docket is available for public 

viewing at the Office of Environmental 

Information (OEI) Docket in the EPA 

Docket Center, EPA West, Room B102, 

1301 Constitution Ave., NW., 

Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday

67348 Federal Register / Vol. 69, No. 221 / Wednesday, November 17, 2004 / Notices 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OEI 

Docket is (202) 566–1752. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/

to submit or view public comments, 

access the index listing of the contents 

of the official public docket, and to 

access those documents in the public 

docket that are available electronically. 

Once in the system, select ‘‘search,’’

then key in the appropriate docket 

identification number. 

It is important to note that EPA’s 

policy is that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. Information 

claimed as CBI and other information 

whose disclosure is restricted by statute 

is not included in the official public 

docket or in EPA’s electronic public 

docket. EPA’s policy is that copyrighted 

material, including copyrighted material 

contained in a public comment, will not 

be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. Although not all docket 

materials may be available 

electronically, you may still access any 

of the publicly available docket 

materials through the EPA Docket 

Center. 

B. How and to Whom Do I Submit 

Comments? 

You may submit comments as 

provided in the ADDRESSES section. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. 

If you submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an e-mail 

address or other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. This 

ensures that you can be identified as the 

submitter of the comment and allows 

EPA to contact you in case EPA cannot 

read your comment due to technical 

difficulties or needs further information 

on the substance of your comment. Any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. 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. 

Your use of EPA’s electronic public 

docket to submit comments to EPA 

electronically is EPA’s preferred method 

for receiving comments. The electronic 

public docket system is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity, e-mail address, 

or other contact information unless you 

provide it in the body of your comment. 

In contrast to EPA’s electronic public 

docket, EPA’s electronic mail (e-mail) 

system is not an ‘‘anonymous access’’

system. If you send an e-mail comment 

directly to the Docket without going 

through EPA’s electronic public docket, 

your e-mail address is automatically 

captured and included as part of the 

comment that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket.

Dated: November 9, 2004. 

Lisa K. Friedman, 

Associate General Counsel, Air and Radiation 

Law Office, Office of General Counsel.

[FR Doc. 04–25500 Filed 11–16–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY

[OPP–2004–0361; FRL–7685–5]

Red Cabbage Color; Notice of Filing a 

Pesticide Petition to Establish a 

Tolerance Exemption for a Certain 

Pesticide Chemical in or on Food

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces the 

initial filing of a pesticide petition 

proposing the establishment of 

regulations for residues of a certain 

pesticide chemical in or on various food 

commodities.

DATES: Comments, identified by docket 

identification (ID) number OPP–2004–

0361, must be received on or before 

December 17, 2004.

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/courier. Follow 

the detailed instructions as provided in 

Unit I. of the SUPPLEMENTARY

INFORMATION.

FOR FURTHER INFORMATION CONTACT: Keri 

Grinstead, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8373; e-mail 

address:grinstead.keri@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to:

• Crop production (NAICS 111)

• Animal production (NAICS 112)

• Food manufacturing (NAICS 311)

• Pesticide manufacturing (NAICS 

32532)

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT.

B. How Can I Get Copies of this 

Document and Other Related 

Information?

1. Docket. EPA has established an 

official public docket for this action 

under docket ID number OPP–2004–

0361. The official public docket consists 

of the documents specifically referenced 

in this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public docket does 

not include Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

The official public docket is the 

collection of materials that is available 

for public viewing at the Public 

Information and Records Integrity 

Branch (PIRIB), Rm. 119, Crystal Mall 

#2, 1801 S. Bell St., Arlington, VA. This 

docket facility is open from 8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays. The docket 

telephone number is (703) 305–5805.

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/.

An electronic version of the public 

docket is available through EPA’s