Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 63111

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

security that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes.

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.1D, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (32)(e) of the 

Instruction, from further environmental 

documentation.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

temporarily amend 33 CFR part 117 as 

follows:

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows:

Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g); 

Department of Homeland Security Delegation 

No. 0170.1; section 117.255 also issued under 

the authority of P.L. 102–587, 106 Stat. 5039.

2. From 8 a.m. on January 3, 2005, 

through 5 p.m. on March 31, 2005, add 

a new temporary paragraph (l) to 

§ 117.733 to read as follows:

§ 117.733 New Jersey Intracoastal 

Waterway.

* * * * *

(l) The draw of the Route 13/

Lovelandtown Bridge across Point 

Pleasant Canal, at mile 3.9, at Point 

Pleasant, need not be opened for the 

passage of vessels from 8 a.m. on 

January 3, 2005, through 5 p.m. on 

March 31, 2005. However, between 9 

a.m. to 2 p.m. Monday to Friday, the 

draw shall open on signal if at least 24 

hours advance notice is given by calling 

(732) 528–9494 or (215) 416–1235.

Dated: October 19, 2004. 

Sally Brice-O’Hara, 

Rear Admiral, U. S. Coast Guard, 

Commander, Fifth Coast Guard District.

[FR Doc. 04–24255 Filed 10–28–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 50

[FRL–7831–3] 

Air Quality Criteria for Particulate 

Matter

AGENCY: Environmental Protection 

Agency.

ACTION: Notice of Availability of Final 

Document. 

SUMMARY: This notice announces the 

availability of a final document, Air 

Quality Criteria for Particulate Matter 

(EPA/600/P–99/002aF, EPA/600/P–99/

002bF) that was prepared by the U.S. 

Environmental Protection Agency’s 

(EPA) National Center for 

Environmental Assessment (NCEA) of 

the Office of Research and Development 

(ORD).

DATES: This document will be available 

the week of October 25, 2004.

ADDRESSES: The document will be made 

available electronically through the 

NCEA Web site (http://www.epa.gov/

ncea/publications). A limited number of 

paper or CD–ROM copies will be 

available from the EPA’s National 

Service Center for Environmental 

Publications (NSCEP), P.O. Box 42419, 

Cincinnati, OH 45242; telephone: 1 

(800) 490–9198 or (513) 489–8190; 

facsimile: (513) 489–8695. Please 

provide your name, your mailing 

address, the title and the EPA number 

of the requested publication.

FOR FURTHER INFORMATION CONTACT: For 

questions on availability of the 

document, contact Diane Ray, NCEA, 

telephone: (919) 541–3789, fax: (919) 

541–1818, or email ray.diane@epa.gov.

For technical information, contact 

Robert Elias, Ph.D., NCEA, fax: (919) 

541–1818 or email: 

elias.robert@epa.gov.

SUPPLEMENTARY INFORMATION: Section 

108 (a) of the Clean Air Act directs the 

Administrator to identify certain 

pollutants which ‘‘may reasonably be 

anticipated to endanger public health 

and welfare’’ and to issue air quality 

criteria for them. These air quality 

criteria are to ‘‘accurately reflect the 

latest scientific knowledge useful in 

indicating the kind and extent of all 

identifiable effects on public health or 

welfare which may be expected from the 

presence of [a] pollutant in the ambient 

air. * * *’’ EPA is then to establish 

National Ambient Air Quality Standards 

(NAAQS) for each pollutant for which 

EPA has issued criteria. Section 109 (d) 

of the Act requires ‘‘thorough’’ periodic 

review and, if appropriate, revision of

63112 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Proposed Rules 

existing air quality criteria to reflect the 

latest scientific data on all identifiable 

effects on public health and welfare of 

the pollutant. EPA is also to revise the 

NAAQS, if appropriate, based on the 

revised criteria. 

Particulate matter (PM) is one of six 

‘‘criteria’’ pollutants for which EPA has 

established air quality criteria and 

NAAQS. EPA initially announced 

details of its plans for the review of the 

criteria and NAAQS for PM in an 

October 23, 1997 Federal Register

notice (62 FR 55201). As part of its 

current review cycle of the PM criteria 

and NAAQS, EPA has revised the 

existing Criteria Document for PM. The 

revised Criteria Document will be 

publicly available on or about October 

29, 2004, as described above.

Dated: October 25, 2004. 

George Alapas, 

Director, National Center for Environmental 

Assessment.

[FR Doc. 04–24232 Filed 10–28–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[R06–OAR–2004–TX–0002; FRL–7830–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Memorandum of Agreement Between 

Texas Commission on Environmental 

Quality and the North Central Texas 

Council of Governments Providing 

Emissions Offsets to Dallas Fort Worth 

International Airport

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the Texas 

Commission on Environmental Quality 

(TCEQ) on February 23, 2004. This 

revision concerns the Dallas/Fort Worth 

ozone nonattainment area. Specifically, 

EPA is proposing to approve the 

incorporation of a Memorandum of 

Agreement (MOA) between the TCEQ 

and the North Central Texas Council of 

Governments (NCTCOG) into the SIP. 

This MOA commits the NCTCOG to 

provide the Dallas-Fort Worth 

International Airport with emissions 

offsets in the amount of 0.18 tons per 

day (tpd) of nitrogen oxides (NOX) and 

0.04 tpd of volatile organic compounds 

(VOCs) in 2007 and to adjust the 

modeled 2015 on-road emission 

estimates to reflect an increase of 1.17 

tpd of NOX and 0.26 tpd of VOCs, which 

must be accommodated in future 

transportation conformity 

determinations. This action is necessary 

in order for the Federal Aviation 

Administration (FAA) to address 

requirements under the general 

conformity regulations.

DATES: Written comments should be 

received on or before November 29, 

2004.

ADDRESSES: Comments may be mailed to 

Mr. Thomas Diggs, Chief, Air Planning 

Section (6PD–L), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas, 75202–2733. 

Comments may also be submitted 

electronically or through hand delivery/

courier by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of this Federal Register.

FOR FURTHER INFORMATION CONTACT:

Peggy Wade, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7247; fax number 

214–665–7263; e-mail address 

wade.peggy@epa.gov.

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action rule, 

no further activity is contemplated. If 

EPA receives adverse comments, the 

direct final rule will be withdrawn and 

all public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

For additional information, see the 

direct final rule which is located in the 

rules section of this Federal Register.

Dated: October 19, 2004. 

Richard E. Greene, 

Regional Administrator, Region 6.

[FR Doc. 04–24128 Filed 10–28–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[R05–OAR–2004–IN–0002; FRL–7826–7] 

Approval and Promulgation of 

Implementation Plans; Indiana

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to 

approve Indiana’s February 10, 2004, 

and April 12, 2004, submittal of a 

revision to its existing emission 

reporting rule to be consistent with the 

emission statement program 

requirements for stationary sources in 

the Clean Air Act (CAA). On April 12, 

2004, Indiana submitted its final rule as 

published in the Indiana Register. 

Indiana held a public hearing on the 

submittal on December 3, 2003. EPA is 

approving the revision to the emission 

reporting rule to satisfy the emission 

statement program requirements in the 

CAA. 

In the final rules section of this 

Federal Register, EPA is approving the 

SIP revision as a direct final rule 

without prior proposal, because EPA 

views this as a noncontroversial 

revision and anticipate no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this proposed 

rule, no further activity is contemplated 

in relation to this proposed rule. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period 

on this action. Any parties interested in 

commenting on this action should do so 

at this time.

DATES: Written comments must be 

received on or before November 29, 

2004.

ADDRESSES: Submit comments, 

identified by Regional Material in 

EDocket ID No. R05–OAR–2004–IN–

0002 by one of the following methods: 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

Agency Web site: http://

docket.epa.gov/rmepub/index.jsp

material in Edocket (RME), EPA’s 

electronic public docket and connect 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search’’ then key 

in the appropriate RME Docket