Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Rules and Regulations 57841

and (2) RNAV (GPS) Runway 25, 

original. New Class E controlled 

airspace extending upward from 700 

feet and 1,200 feet above the surface in 

the Teller Airport area is established by 

this action. Interested parties were 

invited to participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No public comments have been 

received; thus the rule is adopted as 

proposed. 

The area will be depicted on 

aeronautical charts for pilot reference. 

The coordinates for this airspace docket 

are based on North American Datum 83. 

The Class E airspace areas designated as 

700/1200 foot transition areas are 

published in paragraph 6005 of FAA 

Order 7400.9M, Airspace Designations 

and Reporting Points, dated September 

2, 2004, and effective September 16, 

2004, which is incorporated by 

reference in 14 CFR 71.1. The Class E 

airspace designation listed in this 

document will be published 

subsequently in the Order. 

The Rule 

This revision to 14 CFR part 71 

establishes Class E airspace at Teller, 

Alaska. This additional Class E airspace 

was created to accommodate aircraft 

executing two new SIAPs and will be 

depicted on aeronautical charts for pilot 

reference. The intended effect of this 

rule is to provide adequate controlled 

airspace for IFR operations at Teller 

Airport, Teller, Alaska. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore—(1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule will not have 

a significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act.

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air).

Adoption of the Amendment

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

■ 2. The incorporation by reference in 14 

CFR 71.1 of Federal Aviation 

Administration Order 7400.9L, Airspace 

Designations and Reporting Points,

dated September 2, 2003, and effective 

September 16, 2003, is amended as 

follows:

* * * * *

Paragraph 6005 Class E airspace extending 

upward from 700 feet or more above the 

surface of the earth.

* * * * *

AAL AK E5 Teller, AK [New] 

Teller Airport, AK 

(Lat. 65°14′25′′ N., long. 166°20′22′′ W.)

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of the Teller Airport and that airspace 

extending upward from 1,200 feet above the 

surface within a 30-mile radius of 65°14′35′′

N, 165°53′16′′ W, excluding the Nome Class 

E airspace and that airspace designated for 

federal airways.

* * * * *

Issued in Anchorage, AK, on September 20, 

2004. 

Anthony M. Wylie, 

Acting Manager, Air Traffic Division, Alaskan 

Region.

[FR Doc. 04–21742 Filed 9–27–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2003–13850; Airspace 

Docket No. 02–AEA–19] 

RIN 2120–AA66 

Establishment of Restricted Areas 

5802C, D, and E; Fort Indiantown Gap, 

PA

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule; correction.

SUMMARY: This action corrects a final 

rule published in the Federal Register

on August 5, 2004. In that rule, the legal 

descriptions for Restricted Area 5802C, 

5802D, and 5802E (R–5802C, R–5802D, 

and R–5802E) contained an inadvertent 

error in the time of designation. This 

action corrects that error.

DATES: Effective Date: 0901 UTC, 

September 30, 2004.

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace and Rules, Office of 

System Operations and Safety, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–8783.

SUPPLEMENTARY INFORMATION: On August 

5, 2004, Airspace Docket No. 02–AEA–

19 (69 FR 47358) was published in the 

Federal Register establishing R–5802C, 

R–5802D, and R–5802E, at Fort 

Indiantown Gap, PA (69 FR 47358). The 

descriptions for R–5802C, D, and E 

contained an inadvertent error in the 

time of designation. The time of 

designation for the period ‘‘February 15 

through May 10 and September 1 

through December 15’’ was incorrectly 

listed in the rule as ‘‘0800–2400 local 

time.’’ The correct time for that period 

should have read ‘‘0800–2300 local 

time.’’ All other time periods listed in 

the rule are correct.

Correction to Final Rule

■ Accordingly, pursuant to the authority 

delegated to me, the legal descriptions 

for R–5802C, R–5802D, and R–5802E as 

published in the Federal Register on 

August 5, 2004 (69 FR 47358), are 

corrected as follows:

§ 73.58 [Corrected]

■ On page 47360, correct the time of 

designation in the legal descriptions for 

R–5802C, R–5802D, and R–5802E as 

follows:

* * * * *

R–5802C Fort Indiantown Gap, PA 

[Corrected] 

By removing the published time of 

designation and substituting the following: 

Time of designation. February 15 through 

May 10 and September 1 through December 

15, 0800–2300 local time on Saturdays and 

0800–1200 local time on Sundays; May 11 

through August 31, 0800–2400 local time on 

Saturdays and 0800–2000 local time on all 

other days; other times by NOTAM issued at 

least 48 hours in advance. 

R–5802D Fort Indiantown Gap, PA 

[Corrected] 

By removing the published time of 

designation and substituting the following: 

Time of designation. February 15 through 

May 10 and September 1 through December 

15, 0800–2300 local time on Saturdays and 

0800–1200 local time on Sundays; May 11 

through August 31, 0800–2400 local time on 

Saturdays and 0800–2000 local time on all 

other days; other times by NOTAM issued at 

least 48 hours in advance.

57842 Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Rules and Regulations 

R–5802E Fort Indiantown Gap, PA 

[Corrected] 

By removing the published time of 

designation and substituting the following: 

Time of designation. February 15 through 

May 10 and September 1 through December 

15, 0800–2300 local time on Saturdays and 

0800–1200 local time on Sundays; May 11 

through August 31, 0800–2400 local time on 

Saturdays and 0800–2000 local time on all 

other days; other times by NOTAM issued at 

least 48 hours in advance.

* * * * *

Issued in Washington, DC, on September 

22, 2004. 

Reginald C. Matthews, 

Manager, Airspace and Rules.

[FR Doc. 04–21739 Filed 9–27–04; 8:45 am] 

BILLING CODE 4910–13–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[FRL–7817–9] 

Connecticut: Final Authorization of 

State Hazardous Waste Management 

Program Revisions

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: Today’s action finalizes EPA’s 

decision to grant authorization to the 

State of Connecticut for certain 

revisions to its hazardous waste 

program under the Resource 

Conservation and Recovery Act (RCRA). 

The revisions consist of State 

regulations which update the State’s 

program to meet Federal requirements 

through January 1, 2001. The revisions 

cover the EPA RCRA Clusters NonHSWA VI, HSWA I, HSWA II, and 

RCRA I through XI, and include such 

important rules as Corrective Action, 

land disposal restrictions, toxicity 

characteristic amendments, burning 

hazardous waste in boilers and 

industrial furnaces, recycled used oil, 

universal wastes, and the expanded 

RCRA public participation rule. EPA is 

granting final authorization to 

Connecticut for these revisions to its 

hazardous waste program. EPA has 

determined that these State regulations 

meet the requirements for authorization 

as set forth in the RCRA statute and 

EPA’s regulations.

DATES: The approval of Connecticut’s 

program revisions are effective without 

further notice as of September 28, 2004.

ADDRESSES: Dockets which relate to 

today’s final rule that contain copies of 

the State of Connecticut’s revision 

application and the materials which 

support the basis for EPA’s 

authorization decision are available at 

the following two locations: (i) 

Connecticut Department of 

Environmental Protection, Bureau of 

Waste Management, Waste Engineering 

and Enforcement Division, 79 Elm 

Street—4th floor, Hartford, CT 06106–

5127, business hours Monday through 

Friday 9 a.m. to 4 p.m., tel: (860) 424–

3023; and (ii) EPA Region I Library, One 

Congress Street—11th Floor, Boston, 

MA 02114–2023, business hours 

Monday through Thursday 10 a.m.–3 

p.m., tel: (617) 918–1990. Records in 

these dockets are available for 

inspection and copying during normal 

business hours.

FOR FURTHER INFORMATION CONTACT:

Robin Biscaia, Hazardous Waste Unit, 

EPA Region I, One Congress St., Suite 

1100 (CHW), Boston, MA 02114–2023, 

tel: (617) 918–1642, e-mail: 

biscaia.robin@epa.gov.

SUPPLEMENTARY INFORMATION: 

A. Why Are Revisions to State 

Programs Necessary? 

States with final authorization under 

section 3006(b) of RCRA, 42 U.S.C. 

6926(b), have a continuing obligation to 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

hazardous waste program. As the 

Federal hazardous waste program 

changes, the States must revise their 

programs and apply for authorization of 

the revisions. Revisions to State 

hazardous waste programs may be 

necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

revise their programs because of 

changes to EPA’s regulations in 40 Code 

of Federal Regulations (CFR) parts 124, 

260 through 266, 268, 270, 273 and 279. 

B. What Has Connecticut Previously 

Been Authorized for Under RCRA? 

The State of Connecticut received 

Final Authorization on December 17, 

1990, effective December 31, 1990 (55 

FR 51707), to implement its base 

hazardous waste management program. 

This previously authorized program 

generally tracks Federal hazardous 

waste requirements through July 1, 

1989. 

C. What Were the Comments and 

Responses to EPA’s Proposal? 

EPA proposed to authorize the 

revisions to the Connecticut program at 

69 FR 40568 (July 6, 2004). EPA 

received written comments from two 

commenters during the public comment 

period on EPA’s proposed rule. Today’s 

action responds to those comments and 

publishes EPA’s final determination 

granting Connecticut final authorization 

for its program revisions. EPA would 

like to thank the commenters for their 

interest in this action. The issues raised 

by the commenters are summarized and 

responded to below. For the reasons 

explained below, EPA was not 

persuaded by the comments to 

reconsider the authorization of this 

Connecticut RCRA program update. 

1. Comments From Klancko & Klancko 

of Woodbridge, Connecticut 

This commenter submitted comments 

opposing EPA’s proposed action. The 

commenter has concerns relating to the 

way the Connecticut Department of 

Environmental Protection (CTDEP) 

implements its hazardous waste 

program, as summarized below: 

Comment #1: The commenter opposes 

the State spending resources to create its 

own regulations, but, rather, suggests 

the money would be better spent by the 

State adopting and enforcing the 

existing Federal hazardous waste 

regulations. The commenter suggests 

that having State requirements that 

differ from Federal ones may cause 

confusion among the regulated 

community. 

EPA’s Response: The Resource and 

Recovery Act (RCRA) mandates that in 

order for State hazardous waste 

programs to be authorized, they must be 

equivalent, consistent and no less 

stringent than the Federal program. 

There is nothing under this authority 

than prohibits a State from enacting 

laws or adopting regulations that are 

more stringent than the Federal 

hazardous waste program. Under State 

and Federal law, it is a State’s 

prerogative to do so. This flexibility 

allows States to adapt programs to 

address specific needs or concerns in a 

given State which may result in more 

stringent requirements. The rules 

relating to this authorization have been 

subject to Connecticut’s public notice 

and rulemaking procedures which gave 

fair notice regarding what the State 

regulations require. Raising State issues 

to EPA only after a State has adopted its 

rules at the State level is unfair to the 

State. This Federal authorization action 

is not the appropriate forum for this 

comment. 

Comment #2: Relating to CTDEP’s 

approach to compliance, the commenter 

believes there is more emphasis on 

using enforcement to achieve 

compliance rather than outreach and 

education which would foster 

improved, longer lasting compliance,