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19137

Actions

Compliance

Procedures

(2) Remove the non-resettable digital engine indicator (DEI) circuit breaker (4ampere) and replace with a resettable
5-ampere circuit breaker.

Before further flight after the modification
of the coolant pump and fuel pump
electrical circuits required by paragraph
(e)(1) of this AD.

(3) For sailplanes with engine SOLO
2625 (New version Mikuni carburetor):
Secure the choke butterfly valve axis.

Before further flight after the modification
of the coolant pump and fuel pump
electrical circuits required by paragraph
(e)(1) of this AD and the removal and
replacement required by paragraph
(e)(2) of this AD.
As of the effective date of this AD ...........

For sailplanes with engine SOLO 2625:
Follow DG Flugzeugbau GmbH Technical Note No. 873/26, dated November 12, 2001; For sailplanes with engine Mid-West AE 50T: Follow DG
Flugzeugbau GmbH Technical Note
No. 873/27, dated November 29, 2001.
For sailplanes with engine SOLO 2625:
Follow DG Flugzeugbau GmbH Technical Note No. 873/26, dated November 12, 2001.

(4) Do not install any engine SOLO 2625
or Mid-West AE 50T unless the modifications required by paragraphs (e)(1),
(e)(2), and (e)(3) have been done.

May I Request an Alternative Method of
Compliance?

DEPARTMENT OF THE INTERIOR

(f) You may request a different method of
compliance or a different compliance time
for this AD by following the procedures in 14
CFR 39.19. Unless FAA authorizes otherwise,
send your request to your principal
inspector. The principal inspector may add
comments and will send your request to the
Manager, Standards Office, Small Airplane
Directorate, FAA. For information on any
already approved alternative methods of
compliance, contact Greg Davison, Aerospace
Engineer, FAA, Small Airplane Directorate,
901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329–4130; facsimile:
(816) 329–4090.

Minerals Management Service

May I Get Copies of the Documents
Referenced in This AD?
(g) You may get copies of the documents
referenced in this AD from DG Flugzeugbau,
Postbox 41 20, D–76625 Bruchsal, Federal
Republic of Germany; telephone: 011–49
7257–890; facsimile: 011–49 7257–8922. You
may view these documents at FAA, Central
Region, Office of the Regional Counsel, 901
Locust, Room 506, Kansas City, Missouri
64106.
Is There Other Information That Relates to
This Subject?
(h) German AD Number 2002–083, dated
April 4, 2002, also addresses the subject of
this AD.
Issued in Kansas City, Missouri, on April
5, 2004.
Dorenda D. Baker,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 04–8220 Filed 4–9–04; 8:45 am]
BILLING CODE 4910–13–P

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30 CFR Part 200
The Open and Non-Discriminatory
Movement of Oil and Gas as Required
by the Outer Continental Shelf Lands
Act
Minerals Management Service
(MMS), Interior.
ACTION: Advance notice of proposed
rulemaking and announcement of
public meetings.
AGENCY:

SUMMARY: The MMS requests comments
and any suggestions to assist us in
potentially amending our regulations
regarding how the Department of the
Interior (DOI) should ensure that
pipelines transporting oil or gas under
permits, licenses, easements, or rightsof-way on or across the Outer
Continental Shelf (OCS) ‘‘provide open
and non-discriminatory access to both
owner and non-owner shippers’’ as
required under section 5(f) of the Outer
Continental Shelf Lands Act (OCSLA).
The MMS is the bureau in the DOI
charged with fulfilling the Secretary of
the Interior’s (Secretary) responsibility
under the OCSLA. We encourage the
public and other interested parties to
participate in planned public meetings
and to provide comments and
suggestions to help us clearly define
changes to the appropriate MMS
programs and regulations that may be
necessary. The MMS is committed to
making changes that reflect the
Secretary’s ‘‘4C’s’’ philosophy of
‘‘consultation, cooperation, and
communication all in the service of
conservation.’’ The MMS is issuing this
Advance Notice of Proposed
Rulemaking to give the public and
interested parties an opportunity to
provide input to the MMS regarding

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Not Applicable.

what actions or processes the public and
interested parties believe the Secretary
should initiate to ensure that pipelines
provide open and non-discriminatory
access.
You must submit your comments
by June 11, 2004. The MMS may not
necessarily consider or include in the
Administrative Record for any proposed
rule comments that MMS receives after
the close of the comment period or
comments delivered to an address other
than those listed below (see ADDRESSES).
See the SUPPLEMENTARY INFORMATION
section for the dates of the public
meetings.
DATES:

By mail: Director, Minerals
Management Service, Attention: Policy
and Management Improvement, 1849 C
Street, NW., Mail Stop 4230,
Washington, DC 20240–0001. By
personal or messenger delivery: 1849 C
Street NW., Room 4223, Washington,
DC 20240–0001. The MMS is currently
connected to the internet and able to
receive e-mails. However, before emailing your comments during the
comment period to ensure the MMS is
connected, please contact Mr. Martin
Grieshaber at 303–275–7118.
FOR FURTHER INFORMATION CONTACT:
Martin Grieshaber at 303–275–7118 for
information relating to the purpose of
the meetings, the issues raised in this
document, or for information relating to
the rulemaking process. Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1–
800–877–8330, 24 hours a day, seven
days a week, to contact the above
individual.
ADDRESSES:

SUPPLEMENTARY INFORMATION:

Comments, including names and street
addresses of respondents, will be
available for public review on request to
Martin Grieshaber at the above

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Federal Register / Vol. 69, No. 70 / Monday, April 12, 2004 / Proposed Rules

telephone number. Individual
respondents may request
confidentiality. If you wish to withhold
your name or street address from public
review or from disclosure under the
Freedom of Information Act, you must
state this prominently at the beginning
of your written comment. Such requests
will be honored to the extent allowed by
law. However, we will not consider
anonymous comments. All submissions
from organizations and businesses, and
from individuals identifying themselves
as representatives or officials of
organizations or businesses, will be
available for public inspection in their
entirety. If you wish to submit
confidential or proprietary information
that the MMS may consider in
determining the extent of the potential
issues covered by this notice without
that information being available for
public review, you must state this
prominently on the pages you believe to
contain such proprietary or confidential
information. Such requests will be
honored to the extent allowed by law.

I. Public Comment Procedures
Your written comments should:
1. Be specific;
2. Explain the reason for your
comments and suggestions;
3. Address the issues outlined in this
notice; and,
4. Where possible, refer to the specific
provision, section or paragraph of
statutory law, case law or existing
regulations which you are addressing.
The comments and recommendations
that are most useful and have greater
likelihood of influencing decisions on
the content of a possible future
proposed rule are:
1. Comments and recommendations
supported by quantitative information
or studies.
2. Comments that include citations to
and analyses of the applicable laws and
regulations.
We are particularly interested in
receiving comments and suggestions
about the topics identified in Section II,
‘‘Description of Information Requested,’’

and Section III, ‘‘Definitions and Other
Topics.’’
We will hold meetings during which
the public will be able to comment on
the scope, proposed action, and possible
alternatives the MMS should consider.
The purpose of the meetings is to gather
comments and input from a variety of
stakeholders and the public.
Any resulting program changes will
assist the MMS in fulfilling its
responsibility of assuring open and nondiscriminatory access to pipelines in the
OCS. Our goals are to:
1. Manage the development of mineral
resources found under the OCS within
the jurisdiction of the DOI;
2. Develop and implement effective
and fair MMS business practices; and
3. Protect the environment while
assuring the Nation’s OCS resources are
produced efficiently and equitably.
The meetings will be held on the
following dates at the specified
locations and times:

Location

Date and time

Address of meeting

Houston, Texas ........................

4/27/04, 9 a.m ........................

Washington, DC .......................

5/11/04, 9 a.m. .......................

New Orleans, Louisiana ...........

5/14/04, 9 a.m. .......................

InterContinental Hotel, 2222 West Loop
South, Houston, TX 77027.
U.S. Department of the Interior, Yates Auditorium, First Floor, 1849 C Street, NW.,
Washington, DC 20240–0001.
Minerals Management Service, Room 111,
1201 Elmwood Park Blvd., New Orleans,
LA 70123.

Due to increased security
requirements, attendees at the
Washington and New Orleans meetings
will need a picture ID in order to be
admitted to the meeting. Additionally,
for security reasons, we request that the
New Orleans meeting attendees contact
Cathy Moser at 504–736–2690 at least
48 hours prior to the meeting.
The sites for the public meetings are
accessible to individuals with physical
impairments. If you need a special
accommodation to participate in one or
all of the meetings (e.g., interpreting
service, assistive listening device, or
materials in alternative format), please
notify the contact person listed in this
notice no later than 2 weeks prior to the
scheduled meeting. Although we will
make every effort to accommodate
requests received, it may not be possible
to satisfy every request.
If you plan to present a statement at
the meetings, we will ask you to sign in
before the meeting starts and identify
yourself clearly for the record. Your
speaking time at the meeting(s) will be
determined based upon the number of
persons wishing to speak and the

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approximate time available for the
session. You will be provided at least 3
minutes to speak.
If you do not wish to speak at the
meetings but you have views, questions,
or concerns with regard to the MMS’s
responsibilities under OCSLA related to
open and non-discriminatory access to
pipelines, you may submit written
statements at the meeting for inclusion
in the public record. You may also
submit written comments and
suggestions regardless of whether you
attend or speak at a public meeting. See
the ADDRESSES section of this document
for where to submit comments.
II. Description of Information
Requested
On October 10, 2003, the U.S. Court
of Appeals for the District of Columbia
Circuit, in Williams Cos. v. FERC, 345
F.3d 910 (D.C. Cir. 2003), affirmed the
district court decision which found that
sections 5(e) and (f) of the OCSLA, 43
U.S.C. 1334 (e) and (f), grant the Federal
Energy Regulatory Commission (FERC)
only limited authority to enforce open
access rules on the OCS. (Specifically,

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Contact person
Martin C. Grieshaber, 303–
275–7118.
Martin C. Grieshaber, 303–
275–7118.
Martin C. Grieshaber, 303–
275–7118.

FERC’s role is essentially limited to
what are commonly known as ‘‘ratable
take’’ orders and capacity expansion
orders.) According to the circuit court’s
decision, FERC’s authority does not
include the regulatory oversight
described in FERC Orders 639 and
639A. As a result, the FERC regulations
issued under 18 CFR Part 330 are not
valid, and, therefore, not enforceable.1
The court stated that OCSLA section 5(f)
‘‘simply requires the Secretary of the
Interior to condition grants of rights-ofway on the holder’s agreeing to nondiscriminatory transportation duties.’’
1 The FERC regulations that the court held invalid
required owners of OCS gas pipelines to file
information indicating the rates the pipelines
charged, the conditions of the service they
provided, and whether they were affiliated with any
of the shippers using their pipelines. The FERC
regulations addressed OCS natural gas facilities that
perform production or ‘‘gathering’’ functions, and
do not fall within the FERC’s jurisdiction under the
Natural Gas Act (NGA) of 1938. (The term
‘‘gathering’’ has different meanings with respect to
OCS pipelines, depending on whether it is used in
the context of MMS royalty valuation regulations,
or if it is used with reference to the NGA.) The
FERC withdrew its regulations on March 17, 2004.
69 FR 12539–12540.

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Federal Register / Vol. 69, No. 70 / Monday, April 12, 2004 / Proposed Rules
345 F.3d at 913. The court further said,
‘‘Without some explicit provision to the
contrary (as exists for quantification of
the ratable take duty), Congress
presumably intended that enforcement
would be at the hands of the obligee of
the conditions [i.e., a person
transporting oil or gas through the
pipeline], the Secretary of the Interior
(or possibly other persons that the
conditions might specify).’’ Id. At 913–
914.
The MMS has authority to regulate
open and non-discriminatory access to
pipelines operating under rights-of-way
on the OCS, and is interested in hearing
what you think ‘‘open and nondiscriminatory access’’ means.
Comments and suggestions from any
party are welcomed and encouraged.
The MMS is particularly interested in
receiving responses from entities that
have a right-of-way grant for one or
more pipelines regulated by the MMS
under OCSLA, entities that ship
production through these pipelines, and
purchasers and end-users of production
shipped through these pipelines.
The MMS is interested in determining
the scope, magnitude, and seriousness
of any instances where access or
discrimination problems were
encountered by service providers or
shippers of natural gas, both for lines
that do not operate under the
jurisdiction of the NGA and those that
do. (We are also interested in whether
the lack of NGA-regulatory oversight has
had or may have potential positive or
negative impacts). The MMS also is
interested in the circumstances under
which a service provider would deny
service to a shipper. We solicit
comments from any party that feels it
has been denied open and nondiscriminatory access to pipelines on
the OCS, and suggestions for actions
that could have been taken or should be
taken to prevent this from happening.
A record of access issues that arise
between shippers and service providers
would help the MMS to gain a better
perspective on the need for a regulatory
framework to ensure open and nondiscriminatory pipeline access. The
MMS is giving consideration to
establishing a hotline which could be
used by both shippers and service
providers to report concerns and
perceived instances of open and nondiscriminatory access violations. A
hotline could be one way for MMS to
document relevant complaints that
occur.
The MMS would like comments
regarding the types of complaints that it
might receive if it did establish a
hotline. The MMS would like input
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disadvantages of resolving the
complaints through an informal
negotiation or a more rigorous dispute
resolution process. The MMS would
appreciate a discussion regarding the
possible structure of either an informal
or formal complaint resolution process.
In the event the complaint escalated
into a more formal dispute, the MMS
would like comments on what the
resolution process could look like and
how it might differ from an informal
complaint resolution process. The MMS
also would like comments on whether
interested parties would be more likely
to participate in one type of complaint
resolution process over another and
what circumstances might affect this
decision.
Beyond questions of documenting
complaints and methods for resolving
disputes, the MMS would like
comments concerning what factual
information or data would be necessary
to make a determination that open
access has been denied or that
discrimination has occurred, what
mechanisms MMS could use to gather
such information, and the extent to
which the information should be made
public. The MMS is interested in
comments regarding whether this
mandate can be accomplished in the
absence of information collection and
the dissemination of some or all of the
information.
III. Definitions and Other Topics
The MMS is committed to carrying
out the Secretary’s objectives and the
requirements established by the OCSLA.
We encourage the public to participate
in the planned public meetings and to
provide comments and suggestions to
help us determine where changes are
needed in the regulations. We are
requesting input for defining terms used
in this notice, and comments on other
topics which are not identified in this
notice but should be considered in a
proposed rule. These include, but are
not limited to, the following:
A. Definitions: We are considering
revising or creating definitions of the
following terms:
Non-discriminatory access
Open access
Pipelines subject to OCSLA
Service provider
Shipper
B. Other specific topics that may be
addressed at the meetings: The MMS is
interested in receiving comments on any
other issues relevant to the DOI’s
mandate under the OCSLA to assure
‘‘open and non-discriminatory access’’
to pipelines on the OCS.

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19139

Dated: March 29, 2004.
R.M. ‘‘Johnnie’’ Burton,
Director, Minerals Management Service.
[FR Doc. 04–8247 Filed 4–7–04; 3:28 pm]
BILLING CODE 4310–MR–P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[NC–112L–2004–1–FRL–7646–3]

Approval of Section 112(l) Authority for
Hazardous Air Pollutants; Equivalency
by Permit Provisions; National
Emission Standards for Hazardous Air
Pollutants From the Pulp and Paper
Industry; State of North Carolina
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:

SUMMARY: On August 26, 2003, the EPA
published in the Federal Register a
direct final rule to approve the North
Carolina Department of Environment
and Natural Resources (NC DENR)
equivalency by permit program,
pursuant to section 112(l) of the Clean
Air Act, to implement and enforce State
permit terms and conditions that
substitute for the National Emission
Standards for Hazardous Air Pollutants
from the Pulp and Paper Industry and
the National Emission Standards for
Hazardous Air Pollutants for Chemical
Recovery Combustion Sources at Kraft,
Soda, Sulfite and Stand-Alone Semichemical Pulp Mills, for the
International Paper Riegelwood mill in
Riegelwood, North Carolina. Today’s
action is taken to amend the approval of
NC DENR’s section 112(l) authority for
hazardous air pollutants, equivalency by
permit provisions, in order to extend its
coverage to include the following four
mills: International Paper Roanoke
Rapids mill in Roanoke Rapids, North
Carolina; Blue Ridge Paper Products in
Canton, North Carolina; Weyerhaeuser
New Bern facility in New Bern, North
Carolina; and the Weyerhaeuser
Plymouth facility in Plymouth, North
Carolina. In the Rules section of this
Federal Register, EPA is granting NC
DENR the authority to implement and
enforce alternative requirements in the
form of title V permit terms and
conditions for the additional four North
Carolina mills, after EPA has approved
the state’s alternative requirements. A
detailed rationale for this approval is set
forth in the final rule amendment. If no
significant, material, and adverse
comments are received in response to
this rule, no further activity is

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