5346 Federal Register / Vol. 69, No. 23 / Wednesday, February 4, 2004 / Notices 

i. EPA Dockets. Your use of EPA’s 

electronic public docket to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. Go directly to EPA Dockets 

at http://www.epa.gov/edocket/, and 

follow the online instructions for 

submitting comments. Once in the 

system, select ‘‘search,’’ and then key in 

docket ID number OPP–2004–0008. The 

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. 

ii. E-mail. Comments may be sent by 

e-mail to opp-docket@epa.gov, 

Attention: Docket ID Number OPP–

2004–0008. In contrast to EPA’s 

electronic public docket, EPA’s 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, 

EPA’s e-mail system automatically 

captures your e-mail address. E-mail 

addresses that are automatically 

captured by EPA’s e-mail system are 

included as part of the comment that is 

placed in the official public docket, and 

made available in EPA’s electronic 

public docket.

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in Unit I.C.2. These electronic 

submissions will be accepted in 

WordPerfect or ASCII file format. Avoid 

the use of special characters and any 

form of encryption.

2. By mail. Send your comments to: 

Public Information and Records 

Integrity Branch (PIRIB) (7502C), Office 

of Pesticide Programs (OPP), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001, Attention: Docket ID 

Number OPP–2004–0008.

3. By hand delivery or courier. Deliver 

your comments to: Public Information 

and Records Integrity Branch (PIRIB), 

Office of Pesticide Programs (OPP), 

Environmental Protection Agency, Rm. 

119, Crystal Mall #2, 1921 Jefferson 

Davis Hwy., Arlington, VA, Attention: 

Docket ID Number OPP–2004–0008. 

Such deliveries are only accepted 

during the docket’s normal hours of 

operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the 

Agency?

Do not submit information that you 

consider to be CBI electronically 

through EPA’s electronic public docket 

or by e-mail. You may claim 

information that you submit to EPA as 

CBI by marking any part or all of that 

information as CBI (if you submit CBI 

on disk or CD ROM, mark the outside 

of the disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

CBI). Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2.

In addition to one complete version of 

the comment that includes any 

information claimed as CBI, a copy of 

the comment that does not contain the 

information claimed as CBI must be 

submitted for inclusion in the public 

docket and EPA’s electronic public 

docket. If you submit the copy that does 

not contain CBI on disk or CD ROM, 

mark the outside of the disk or CD ROM 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and EPA’s 

electronic public docket without prior 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please consult the person listed under 

FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare 

My Comments for EPA?

You may find the following 

suggestions helpful for preparing your 

comments:

1. Explain your views as clearly as 

possible.

2. Describe any assumptions that you 

used.

3. Provide copies of any technical 

information and/or data you used that 

support your views.

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide.

5. Provide specific examples to 

illustrate your concerns.

6. Offer alternative ways to improve 

the notice.

7. Make sure to submit your 

comments by the deadline in this 

document.

8. To ensure proper receipt by EPA, 

be sure to identify the docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation.

II. Background

Dow AgroSciences has applied to 

amend/extend EUP 68467–EUP–6 for 

Bacillus thuringiensis variant Aizawai 

strain PS811 CryIF; Bacillus 

thuringiensis variant Kurstaki strain 

HD73 Cry1Ac insecticidal proteins in 

cotton to allow the planting of 4,951 

acres of cotton. The Dow AgroSciences 

program is authorized in the States of 

Alabama, Arizona, Arkansas, California, 

Florida, Georgia, Louisiana, Mississippi, 

Missouri, New Mexico, North Carolina, 

South Carolina, Tennessee, Texas, and 

Virginia. The original notice of approval 

for this EUP was published in the 

Federal Register on November 19, 2003 

(68 FR 65285) (FRL–7329–5).

III. What Action is the Agency Taking?

Following the review of the Dow 

AgroSciences application and any 

comments and data received in response 

to this notice, EPA will decide whether 

to issue or deny the EUP request for this 

EUP program, and if issued, the 

conditions under which it is to be 

conducted. Any issuance of an EUP will 

be announced in the Federal Register.

IV. What is the Agency’s Authority for 

Taking this Action?

The specific legal authority for EPA to 

take this action is under the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) section 5.

List of Subjects

Environmental protection, 

Experimental use permits.

Dated: January 22, 2004.

Janet L. Andersen,

Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs.

[FR Doc. 04–2158 Filed 2–3–04; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY 

[Docket ID Number OECA–2004–0002;

FRL–; CWA–HQ–2003–6000; CAA–HQ–

2003–6000; EPCRA–HQ–2003–6000; FRL–

7618–4] 

Clean Water Act Class II: Proposed 

Administrative Settlement, Penalty 

Assessment and Opportunity To 

Comment Regarding Nash Finch 

Company

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has entered into a 

consent agreement with Nash Finch 

Company (‘‘Nash Finch’’ or 

‘‘Respondent’’) to resolve violations of 

the Clean Water Act (‘‘CWA’’), the Clean 

Air Act (‘‘CAA’’), and the Emergency 

Planning and Community Right-toKnow Act (‘‘EPCRA’’) and their 

implementing regulations. 

The Administrator is hereby 

providing public notice of this consent 

agreement and proposed final order, and 

providing an opportunity for interested 

persons to comment on the CWA 

portions of this consent agreement, in 

accordance with CWA section 

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

Federal Register / Vol. 69, No. 23 / Wednesday, February 4, 2004 / Notices 5347

Respondent did not have an Spill 

Prevention Control and Countermeasure 

(‘‘SPCC’’) plan or proper controls in 

accordance with 40 CFR part 112 at the 

following facilities: Omaha, NE; 

Statesboro, GA; Bluefield, VA; 

Cincinnati, OH; Bridgeport, MI; Fargo, 

ND; Norfolk, VA; and Baltimore, MD. 

EPA, as authorized by CWA section 

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

assessed a civil penalty for these 

violations. 

Respondent failed to comply with 

CAA section 112(r), 42 U.S.C. 7412(r), 

and 40 CFR 68.10 and 68.150 because 

Respondent has stored an aggregate 

quantity of more than 10,000 pounds of 

ammonia (anhydrous) in its refrigeration 

systems, without having submitted a 

Risk Management Plan, for 

Respondent’s Lumberton, NC, 

Cincinnati, OH and Bridgeport, MI 

facilities. EPA, as authorized by CAA 

section 113(d)(1), 42 U.S.C. 7413(d)(1), 

has assessed a civil penalty for these 

violations. 

Respondent failed to comply with 

EPCRA section 302(c), 42 U.S.C. 

11002(c), and the regulations found at 

40 CFR Part 355, when they failed to 

notify the State Emergency Response 

Committee (‘‘SERC’’), and EPCRA 

section 303(d), 42 U.S.C. 11003(d), and 

the regulations found at 40 CFR Part 

355, when it failed to notify the Local 

Emergency Planning Committee 

(‘‘LEPC’’) of the identity of the 

emergency coordinator who would 

participate in the emergency planning 

process at sixteen (16) facilities, 

specifically located in Cedar Rapids, IA; 

St. Cloud, MN; Minot, ND; Fargo, ND; 

Omaha, NE; Rapid City, SD; Sioux Falls, 

SD (2 facilities); Bellefontaine, OH; 

Bridgeport, MI ; Cincinnati, OH; 

Statesboro, GA; Lumberton, NC; 

Bluefield, VA; Baltimore, MD; and 

Norfolk, VA. 

In addition, Respondent failed to 

comply with EPCRA section 311(a), 42 

U.S.C. 11021(a) and the regulations 

found at 40 CFR Part 370, when they 

failed to submit a Material Safety Data 

Sheet (‘‘MSDS’’) for a hazardous 

chemical(s) or, in the alternative, a list 

of such chemicals, and EPCRA section 

312(a), 42 U.S.C. 11022(a) and the 

regulations found at 40 CFR Part 370, by 

failing to prepare and submit emergency 

and chemical inventory forms to the 

LEPC, the SERC and the fire department 

with jurisdiction over each facility, for 

the following seventeen (17) facilities: 

Cedar Rapids, IA; St. Cloud, MN; Minot, 

ND; Fargo, ND; Omaha, NE; Rapid City, 

SD (2 facilities); Sioux Falls, SD (2 

facilities); Bellefontaine, OH; 

Bridgeport, MI; Cincinnati, OH; 

Statesboro, GA; Lumberton, NC; 

Bluefield, VA; Baltimore, MD; and 

Norfolk, VA. The Agency has assessed 

a civil penalty under EPCRA section 325 

for the violations of EPCRA section 

311(a), 42 U.S.C. 11021(a) and EPCRA 

section 312(a), 42 U.S.C. 11022(a).

DATES: Comments are due on or before 

March 5, 2004.

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/ courier. Follow 

the detailed instructions as provided in 

Section I.B of the SUPPLEMENTARY

INFORMATION section.

FOR FURTHER INFORMATION CONTACT:

Philip L. Milton, Special Litigation and 

Projects Division (2248–A), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460; telephone (202) 

564–5029; fax: (202) 564–0010; e-mail: 

milton.philip@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. 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 No. OECA–2004–0002. 

The official public docket consists of the 

Consent Agreement, proposed Final 

Order, and any public comments 

received. 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 Enforcement 

and Compliance Docket Information 

Center (ECDIC) in the EPA Docket 

Center, (EPA/DC) 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 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the ECDIC 

is (202) 566–1752. A reasonable fee may 

be charged by EPA for copying docket 

materials.

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 

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. 

Certain types of information will not 

be placed in the EPA Dockets. 

Information claimed as CBI and other 

information whose disclosure is 

restricted by statute, which is not 

included in the official public docket, 

will not be available for public viewing 

in EPA’s electronic public docket. EPA’s 

policy is that copyrighted material will 

not be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. To the extent feasible, publicly 

available docket materials will be made 

available in EPA’s electronic public 

docket. When a document is selected 

from the index list in EPA Dockets, the 

system will identify whether the 

document is available for viewing in 

EPA’s electronic public docket. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Section I.A.1. 

For public commenters, 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. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket. 

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the Docket will 

be scanned and placed in EPA’s 

electronic public docket. Where 

practical, physical objects will be 

photographed, and the photograph will 

be placed in EPA’s electronic public 

docket along with a brief description 

written by the docket staff. 

B. How and to Whom Do I Submit 

Comments? 

You may submit comments 

electronically, by mail, or through hand

5348 Federal Register / Vol. 69, No. 23 / Wednesday, February 4, 2004 / Notices 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

docket identification number in the 

subject line on the first page of your 

comment. 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. 

1. Electronically. If you submit an 

electronic comment as prescribed 

below, EPA recommends that you 

include your name, mailing address, 

and an e-mail address or other contact 

information in the body of your 

comment. Also include this contact 

information on the outside of any disk 

or CD ROM you submit, and in any 

cover letter accompanying the disk or 

CD ROM. 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. EPA’s policy is that EPA 

will not edit your comment, and 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. 

i. EPA Dockets. Your use of EPA’s 

electronic public docket to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. Go directly to EPA Dockets 

at http://www.epa.gov/edocket, and 

follow the online instructions for 

submitting comments. Once in the 

system, select ‘‘search,’’ and then key in 

Docket ID No. OECA–2004–0002. The 

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. 

ii. E-mail. Comments may be sent by 

electronic mail (e-mail) to 

docket.oeca@epa.gov, Attention Docket 

ID No. OECA–2004–0002. In contrast to 

EPA’s electronic public docket, EPA’s email 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, EPA’s e-mail system 

automatically captures your e-mail 

address. E-mail addresses that are 

automatically captured by EPA’s e-mail 

system are included as part of the 

comment that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket. 

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in Section I.A.1. These 

electronic submissions will be accepted 

in WordPerfect or ASCII file format. 

Avoid the use of special characters and 

any form of encryption. 

2. By Mail. Send your comments to: 

Enforcement and Compliance Docket 

Information Center, Environmental 

Protection Agency, Mailcode: 2201T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460 Attention Docket 

ID No. OECA–2004–0002. 

3. By Hand Delivery or Courier.

Deliver your comments to the address 

provided in Section I.A.1., Attention 

Docket ID No. OECA–2004–0002. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation as 

identified in Section I.A.1. 

C. How Should I Submit CBI to the 

Agency?

Do not submit information that you 

consider to be CBI electronically 

through EPA’s electronic public docket 

or by e-mail. You may claim 

information that you submit to EPA as 

CBI by marking any part or all of that 

information as CBI (if you submit CBI 

on disk or CD ROM, mark the outside 

of the disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

CBI). Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

In addition to one complete version of 

the comment that includes any 

information claimed as CBI, a copy of 

the comment that does not contain the 

information claimed as CBI must be 

submitted for inclusion in the public 

docket and EPA’s electronic public 

docket. If you submit the copy that does 

not contain CBI on disk or CD ROM, 

mark the outside of the disk or CD ROM 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and EPA’s 

electronic public docket without prior 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please consult the person identified in 

the FOR FURTHER INFORMATION CONTACT

section. 

II. Background 

Nash Finch is a food retail and 

distribution company, incorporated in 

the State of Delaware, with its 

headquarters office located at 7600 

France Avenue South, Minneapolis, 

MN. Nash Finch disclosed, pursuant to 

the EPA ‘‘Incentives for Self-Policing: 

Discovery, Disclosures, Correction and 

Prevention of Violations’’ (‘‘Audit 

Policy’’), 65 FR 19618 (April 11, 2000), 

that it failed to have an SPCC plan for 

its facilities located in Omaha, NE; 

Statesboro, GA; Bluefield, VA; 

Cincinnati, OH; Bridgeport, MI; Fargo, 

ND; Norfolk, VA; and Baltimore, MD; in 

violation of the CWA section 311(b)(3) 

and 40 CFR part 112. Nash Finch 

disclosed that it failed to comply with 

CAA section 112(r), 42 U.S.C. 7412(r), 

and 40 CFR 68.10 and 68.150 because it 

had stored an aggregate quantity of more 

than 10,000 pounds of ammonia 

(anhydrous) in its refrigeration systems, 

without having submitted a Risk 

Management Plan, for its Lumberton, 

NC, Cincinnati, OH and Bridgeport, MI 

facilities. 

In addition, Nash Finch disclosed that 

it had failed to comply with EPCRA 

section 302(c), 42 U.S.C. 11002(c), and 

the regulations found at 40 CFR part 

355, when they failed to notify the 

SERC, and EPCRA section 303(d), 42 

U.S.C. 11003(d), and the regulations 

found at 40 CFR part 355, when they 

failed to notify the LEPC of the identity 

of the emergency coordinator who 

would participate in the emergency 

planning process at sixteen (16) 

facilities, specifically located in Cedar 

Rapids, IA; St. Cloud, MN; Minot, ND; 

Fargo, ND; Omaha, NE; Rapid City, SD; 

Sioux Falls, SD (2 facilities); 

Bellefontaine, OH; Bridgeport, MI; 

Cincinnati, OH; Statesboro, GA; 

Lumberton, NC; Bluefield, VA; 

Baltimore, MD and Norfolk, VA. 

Also, Respondent disclosed that it 

had failed to comply with EPCRA 

section 311(a), 42 U.S.C. 11021(a) and 

the regulations found at 40 CFR part 

370, when they failed to submit an 

MSDS for a hazardous chemical(s) or, in 

the alternative, a list of such chemicals, 

and EPCRA section 312(a), 42 U.S.C. 

11022(a) and the regulations found at 40 

CFR part 370, by failing to prepare and 

submit emergency and chemical 

inventory forms to the LEPC, the SERC 

and the fire department. Also, 

Respondent disclosed that it failed to 

comply with EPCRA section 312(a), 42 

U.S.C. 11022(a) and the regulations 

found at 40 CFR part 370, by failing to 

prepare and submit emergency and 

chemical inventory forms for the 

following chemicals: sulfuric acid, 

diesel fuel, propane, ammonia, and 

carbon dioxide, to the LEPC, the SERC 

and the fire department with 

jurisdiction over each facility, for the 

following seventeen (17) facilities: 

Cedar Rapids, IA; St. Cloud, MN; Minot, 

ND; Fargo, ND; Omaha, NE; Rapid City, 

SD (2 facilities); Sioux Falls, SD (2 

facilities); Bellefontaine, OH;

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