Federal Register / Vol. 69, No. 23 / Wednesday, February 4, 2004 / Notices 5349

Bridgeport, MI; Cincinnati, OH; 

Statesboro, GA; Lumberton, NC; 

Bluefield, VA; Baltimore, MD; and 

Norfolk, VA. 

Pursuant to 40 CFR 22.45(b)(2)(iii), 

the following is a list of facilities at 

which Nash Finch self-disclosed 

violations of CWA section 311: Omaha, 

NE; Statesboro, GA; Bluefield, VA; 

Cincinnati, OH; Bridgeport, MI; Fargo, 

ND; Norfolk, VA, and Baltimore, MD. 

EPA determined that Nash Finch met 

the criteria set out in the Audit Policy 

for a 100% waiver of the gravity 

component of the penalty. As a result, 

EPA proposes to waive the gravity based 

penalty ($864,409) and proposes a 

settlement penalty amount of seventyone thousand, one hundred and twentyseven dollars ($71,127). This is the 

amount of the economic benefit gained 

by Nash Finch, attributable to their 

delayed compliance with the CWA, 

CAA, and EPCRA regulations. Nash 

Finch has agreed to pay this amount. 

EPA and Nash Finch negotiated and 

signed an administrative consent 

agreement, following the Consolidated 

Rules of Practice, 40 CFR 22.13(b), on 

January 20, 2004 (In Re: Nash Finch 

Company, Docket Nos. CWA–HQ–2003–

6000, CAA–HQ–2003–6000, EPCRA–

HQ–2003–6000). This consent 

agreement is subject to public notice 

and comment under CWA section 

311(b)(6), 33 U.S.C. 1321(b)(6). 

Under CWA section 311(b)(6)(A), 33 

U.S.C. 1321(b)(6)(A), any owner, 

operator, or person in charge of a vessel, 

onshore facility, or offshore facility from 

which oil is discharged in violation of 

the CWA section 311(b)(3), 33 U.S.C. 

1321(b)(3), or who fails or refuses to 

comply with any regulations that have 

been issued under CWA section 311(j), 

33 U.S.C. 1321(j), may be assessed an 

administrative civil penalty of up to 

$137,500 by EPA. Class II proceedings 

under CWA section 311(b)(6) are 

conducted in accordance with 40 CFR 

part 22. 

Under CAA section 113(d), the 

Administrator may issue an 

administrative order assessing a civil 

penalty against any person who has 

violated an applicable requirement of 

the CAA, including any rule, order, 

waiver, permit or plan. Proceedings 

under CAA section 113(d) are 

conducted in accordance with 40 CFR 

part 22. 

Under EPCRA section 325, the 

Administrator may issue an 

administrative order assessing a civil 

penalty against any person who has 

violated applicable emergency planning 

or right to know requirements, or any 

other requirement of EPCRA. 

Proceedings under EPCRA section 325 

are conducted in accordance with 40 

CFR part 22. 

The procedures by which the public 

may comment on a proposed Class II 

penalty order, or participate in a Clean 

Water Act Class II penalty proceeding, 

are set forth in 40 CFR 22.45. The 

deadline for submitting public comment 

on this proposed final order is March 5, 

2004. All comments will be transferred 

to the Environmental Appeals Board 

(‘‘EAB’’) of EPA for consideration. The 

powers and duties of the EAB are 

outlined in 40 CFR 22.4(a). 

Pursuant to CWA section 311(b)(6)(C), 

EPA will not issue an order in this 

proceeding prior to the close of the 

public comment period.

List of Subjects 

Environmental protection.

Dated: January 29, 2004. 

Robert A. Kaplan, 

Director, Special Litigation and Projects 

Division, Office of Enforcement and 

Compliance Assurance.

[FR Doc. 04–2269 Filed 2–3–04; 8:45 am] 

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS 

COMMISSION 

Sprint Corporation’s Petition for 

Designation as an Eligible 

Telecommunications Carrier in Florida

AGENCY: Federal Communications 

Commission.

ACTION: Notice; solicitation of 

comments. 

SUMMARY: In this document, the 

Wireline Competition Bureau sought 

comment on the Sprint Corporation’s 

(Sprint) petition. Sprint is seeking 

designation as an eligible 

telecommunications carrier (ETC) to 

receive federal universal service support 

in the portions of its licensed service 

area in Florida served by non-rural 

incumbent local exchange carriers.

DATES: Comments are due on or before 

February 17, 2004. Reply comments are 

due on or before March 1, 2004.

ADDRESSES: Federal Communications 

Commission, 445 Twelfth Street, SW., 

Washington, DC 20554. See

SUPPLEMENTARY INFORMATION for further 

filing instructions.

FOR FURTHER INFORMATION CONTACT:

Thomas Buckley, Attorney, Wireline 

Competition Bureau, 

Telecommunications Access Policy 

Division, (202) 418–7400, TTY (202) 

418–0484.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s public 

notice, CC Docket No. 96–45, DA 04–26, 

released January 8, 2004. On October 10, 

2003, Sprint on behalf of its Wireless 

Division filed with the Commission a 

petition pursuant to section 214(e)(6) of 

the Communications Act of 1934, as 

amended, seeking designation as an ETC 

in the portions of its licensed service 

area in Florida served by non-rural 

incumbent local exchange carriers. 

Sprint contends that: the Florida Public 

Service Commission (Florida 

Commission) has provided an 

affirmative statement that it does not 

regulate commercial mobile radio 

service (CMRS) carriers; Sprint satisfies 

all the statutory and regulatory 

prerequisites for ETC designation; and 

designating Sprint as an ETC will serve 

the public interest. 

We note that Sprint must provide a 

copy of its petition to the Florida 

Commission. The Commission will also 

send a copy of this Public Notice to the 

Florida Commission by overnight 

express mail to ensure that the Florida 

Commission is notified of the notice and 

comment period. 

Pursuant to §§ 1.415 and 1.419 of the 

Commission’s rules, 47 CFR 1.415, 

1.419, interested parties may file 

comments as follows: comments are due 

on or before February 17, 2004, and 

reply comments are due on or before 

March 1, 2004. Comments may be filed 

using the Commission’s Electronic 

Comment Filing System (ECFS) or by 

filing paper copies. See Electronic Filing 

of Documents in Rulemaking 

Proceedings, 63 FR 24121, May 1, 1998. 

Comments filed through the ECFS can 

be sent as an electronic file via the 

Internet to http://www.fcc.gov/e-file/

ecfs.html. Generally, only one copy of 

an electronic submission must be filed. 

If multiple docket or rulemaking 

numbers appear in the caption of this 

proceeding, however, commenters must 

transmit one electronic copy of the 

comments to each docket or rulemaking 

number referenced in the caption. In 

completing the transmittal screen, 

commenters should include their full 

name, U.S. Postal Service mailing 

address, and the applicable docket or 

rulemaking number. Parties may also 

submit an electronic comment by 

Internet e-mail. To get filing instructions 

for e-mail comments, commenters 

should send an e-mail to ecfs@fcc.gov,

and should include the following words 

in the body of the message, ‘‘get form 

<your e-mail address>.’’ A sample form 

and directions will be sent in reply. 

Parties who choose to file by paper 

must file an original and four copies of 

each filing. If more than one docket or 

rulemaking number appears in the 

caption of this proceeding, commenters

5350 Federal Register / Vol. 69, No. 23 / Wednesday, February 4, 2004 / Notices 

must submit two additional copies for 

each additional docket or rulemaking 

number. Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail 

(although we continue to experience 

delays in receiving U.S. Postal Service 

mail). The Commission’s contractor, 

Natek, Inc., will receive hand-delivered 

or messenger-delivered paper filings for 

the Commission’s Secretary at 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002. The filing hours 

at this location are 8 a.m. to 7 p.m. All 

hand deliveries must be held together 

with rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. Commercial 

overnight mail (other than U.S. Postal 

Service Express Mail and Priority Mail) 

must be sent to 9300 East Hampton 

Drive, Capitol Heights, MD 20743. U.S. 

Postal Service first-class mail, Express 

Mail, and Priority Mail should be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. All filings must 

be addressed to the Commission’s 

Secretary, Marlene H. Dortch, Office of 

the Secretary, Federal Communications 

Commission. 

Parties also must send three paper 

copies of their filing to Sheryl Todd, 

Telecommunications Access Policy 

Division, Wireline Competition Bureau, 

Federal Communications Commission, 

445 12th Street, SW., Room 5–B540, 

Washington, DC 20554. In addition, 

commenters must send diskette copies 

to the Commission’s copy contractor, 

Qualex International, Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC 20054. 

Pursuant to § 1.1206 of the 

Commission’s rules, 47 CFR 1.1206, this 

proceeding will be conducted as a 

permit-but-disclose proceeding in 

which ex parte communications are 

permitted subject to disclosure.

Federal Communications Commission. 

Sharon Webber, 

Deputy Chief, Wireline Competition Bureau, 

Telecommunications Access Policy Division.

[FR Doc. 04–2242 Filed 2–3–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL ELECTION COMMISSION

Sunshine Act Meeting

AGENCY: Federal Election Commission.

CORRECTION: The open meeting for 

February 5, 2004, will begin at 10 a.m.

DATE AND TIME: Thursday, February 5, 

2004, 10 a.m.

PLACE: 999 E Street, NW., Washington, 

DC (ninth floor).

STATUS: This meeting will be open to the 

public.

FOR FURTHER INFORMATION CONTACT:

Robert W. Biersack, Acting Press 

Officer, Telephone: (202) 694–1220.

Mary W. Dove, 

Secretary of the Commission.

[FR Doc. 04–2537 Filed 2–2–04; 3:03 pm] 

BILLING CODE 6715–01–M

FEDERAL ELECTION COMMISSION

[Notice 2004–4] 

Filing Dates for the South Dakota 

Special Congressional Election

AGENCY: Federal Election Commission.

ACTION: Notice of filing dates for special 

election. 

SUMMARY: South Dakota has scheduled a 

special general election on June 1, 2004, 

to fill the At-Large seat in the U.S. 

House of Representatives vacated by 

Representative William J. Janklow. 

Committees participating in the South 

Dakota Special General Election are 

required to file pre- and post-election 

reports.

FOR FURTHER INFORMATION CONTACT: Mr. 

Kevin R. Salley, Information Division, 

999 E Street, NW., Washington, DC 

20463; telephone: (202) 694–1100; toll 

free (800) 424–9530.

SUPPLEMENTARY INFORMATION: 

Principal Campaign Committees 

All principal campaign committees of 

candidates participating in the South 

Dakota Special General Election shall 

file a 12-day Pre-General Report on May 

20, 2004; and a 30-day Post-General 

Report on July 1, 2004. (See chart below 

for the closing date for each report). 

Unauthorized Committees (PACs and 

Party Committees) 

Political committees filing on a 

quarterly basis in 2004 are subject to 

special election reporting if they make 

previously undisclosed contributions or 

expenditures in connection with the 

South Dakota Special General Election 

by the close of books for the applicable 

report(s). (See chart below for the 

closing date for each report). 

Committees filing monthly that 

support candidates in the South Dakota 

Special General Election should 

continue to file according to the 

monthly reporting schedule. 

Disclosure of Electioneering 

Communications (Individuals and 

Other Unregistered Organizations) 

As required by the Bipartisan 

Campaign Reform Act of 2002, the 

Federal Election Commission 

promulgated new electioneering 

communications rules governing 

television and radio communications 

that refer to a clearly identified federal 

candidate and are distributed within 60 

days prior to a special general election. 

11 CFR 100.29. The statute and 

regulations require, among other things, 

that individuals and other groups not 

registered with the FEC who make 

electioneering communications costing 

more than $10,000 in the aggregate in a 

calendar year disclose that activity to 

the Commission within 24 hours of the 

distribution of the communication. See

11 CFR 104.20. 

The 60-day electioneering 

communications period in connection 

with the South Dakota Special General 

runs from April 2, 2004, through June 1, 

2004.

CALENDAR OF REPORTING DATES FOR SOUTH DAKOTA SPECIAL ELECTION

Report Close of 

books 1

Reg./cert. 

mailing 

date 2

Filing date 

COMMITTEES INVOLVED IN THE SPECIAL GENERAL (06/01/04) MUST FILE

Pre-General ............................................................................................................................................. 05/12/04 05/17/04 05/20/04 

Post-General ............................................................................................................................................ 06/21/04 07/01/04 07/01/04 

1The period begins with the close of books of the last report filed by the committee. If the committee has filed no previous reports, the period 

begins with the date of the committee’s first activity.