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###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. CP09-433-000; PF09-4-000]

                    Take notice that on June 15, 2009, Fayetteville Express Pipeline LLC (Fayetteville Express), 500 Dallas Street, Suite 1000, Houston, Texas 77002, filed an application in Docket No. CP09-433-000 pursuant to section 7(c) of the Natural Gas Act (NGA), and parts 157 and 284 of the Commission's regulations requesting: (1) Authorization to construct and operate a new approximately 185-mile, 42-inch natural gas pipeline located in Arkansas and Mississippi capable of transporting up to 2,000,000 Dth/day; (2) a blanket certificate authorizing Fayetteville Express to engage in certain self-implementing routine activities under part 157, subpart F, of the Commission's regulations; and (3) a blanket certificate authorizing Fayetteville Express to transport natural gas, on an open access and self-implementing basis, under part 284, subpart G of the Commission's regulations. Additionally, Fayetteville Express seeks approval of its proposed recourse rates, and                     *pro forma*                     tariff, all as more fully set forth in the application which is on file with the Commission and open for public inspection.                

                    Any questions regarding the applications should be directed to Ronald Brown, Vice President, Fayetteville Express Pipeline LLC, 500 Dallas Street, Suite 1000, Houston, Texas 77002;                     *telephone:*                     (713) 369-9290 or                     *e-mail:**ronald_brown@kindermorgan.com.*

                    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@ferc.gov*                     or call toll-free, (886) 208-3676 or TYY, (202) 502-8659.                          ( print page 32139)    

On November 25, 2008, the Commission staff granted Fayetteville Express' request to utilize the Pre-Filing Process and assigned Docket No. PF09-4 to staff activities involved with the Fayetteville Express project. Now as of the filing of the June 15, 2009 application, the Pre-Filing Process for this project has ended. From this time forward, this proceeding will be conducted in Docket No. CP09-433-000, 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:*                     July 17, 2009.                

Kimberly D. Bose,

Secretary.

[FR Doc. E9-15894 Filed 7-6-09; 8:45 am]

BILLING CODE 6717-01-P