64860 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Rules and Regulations 

this service bulletin in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. You may get 

a copy from Raytheon Aircraft Company, 

9709 E. Central, Wichita, Kansas 67201–

0085; telephone: (800) 429–5372 or (316) 

676–3140. You may review copies at FAA, 

Central Region, Office of the Regional 

Counsel, 901 Locust, Room 506, Kansas City, 

Missouri 64106; or at the National Archives 

and Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html.

Issued in Kansas City, Missouri, on 

October 27, 2004. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–24630 Filed 11–8–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117

[CGD01–04–139] 

Drawbridge Operation Regulations: 

Fort Point Channel, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the drawbridge operation 

regulations for the Northern Avenue 

Bridge, mile 0.1, across Fort Point 

Channel, at Boston, Massachusetts. This 

temporary deviation allows the bridge to 

remain in the closed position from 

December 1, 2004, through December 

31, 2004. This temporary deviation is 

necessary to facilitate mechanical 

repairs at the bridge.

DATES: This deviation is effective from 

December 1, 2004, through December 

31, 2004.

FOR FURTHER INFORMATION CONTACT: John 

McDonald, Project Officer, First Coast 

Guard District, at (617) 223–8364.

SUPPLEMENTARY INFORMATION: The 

Northern Avenue Bridge has a vertical 

clearance of 7 feet at mean high water 

and 17 feet at mean low water in the 

closed position. The existing regulations 

are listed at 33 CFR 117.599. 

The bridge owner, the City of Boston, 

requested a temporary deviation from 

the drawbridge operating regulations to 

facilitate necessary mechanical repairs, 

the replacement of the bridge operating 

gears, at the bridge. The bridge cannot 

open during the prosecution of these 

mechanical repairs. 

Under this temporary deviation the 

bridge may remain in the closed 

position from December 1, 2004, 

through December 31, 2004. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35 and will be performed with all 

due speed in order to return the bridge 

to normal operation as soon as possible.

Dated: October 26, 2004. 

David P. Pekoske, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District.

[FR Doc. 04–24970 Filed 11–8–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117

[CGD01–04–132] 

Drawbridge Operation Regulations: 

Newtown Creek, Dutch Kills, English 

Kills, and Their Tributaries, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the drawbridge operation 

regulations for the Metropolitan Avenue 

Bridge, mile 3.4, across English Kills at 

New York City, New York. Under this 

temporary deviation the bridge may 

remain closed from 6 a.m. to midnight 

on the following days: November 10 

through November 12; November 17 

through November 19; November 22 

through November 24; and December 1 

through December 3, 2004. The 

temporary deviation is necessary to 

facilitate bridge maintenance.

DATES: This deviation is effective from 

November 10, 2004, through December 

3, 2004.

FOR FURTHER INFORMATION CONTACT: Judy 

Leung-Yee, Project Officer, First Coast 

Guard District, at (212) 668–7195.

SUPPLEMENTARY INFORMATION: The 

Metropolitan Avenue Bridge has a 

vertical clearance in the closed position 

of 10 feet at mean high water and 15 feet 

at mean low water. The existing 

drawbridge operation regulations are 

listed at 33 CFR 117.801(e). 

The owner of the bridge, New York 

City Department of Transportation 

(NYCDOT), requested a temporary 

deviation from the drawbridge operation 

regulations to facilitate rehabilitation 

repairs at the bridge. The bridge must 

remain in the closed position to perform 

these repairs. 

Under this temporary deviation the 

NYCDOT Metropolitan Avenue Bridge 

may remain in the closed position from 

6 a.m. through midnight on the 

following days: November 10 through 

November 12; November 17 through 

November 19; November 22 through 

November 24; and December 1 through 

December 3, 2004. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35, and will be performed with all 

due speed in order to return the bridge 

to normal operation as soon as possible.

Dated: October 30, 2004. 

David P. Pekoske, 

Rear Admiral, U.S. Coast Guard Commander, 

First Coast Guard District.

[FR Doc. 04–24971 Filed 11–8–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81

[R03–OAR–2004–WV–0001; FRL–7836–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Determination of Attainment 

and Redesignation of the City of 

Weirton PM10 Nonattainment Area to 

Attainment and Approval of the 

Maintenance Plan; Correction

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule; correcting 

amendment. 

SUMMARY: This document corrects an 

omission in the preamble language of a 

direct final rule pertaining to a 

determination of attainment and 

redesignation of the City of Weirton 

PM10 Nonattainment Area to attainment 

and approval of the maintenance plan 

submitted by the State of West Virginia.

DATES: This document will be effective 

on December 27, 2004, unless EPA 

receives adverse written comment by 

November 26, 2004. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. Please 

see EPA’s direct final rule published on 

October 27, 2004 (69 FR 62591), for 

instructions for submitting comments.

FOR FURTHER INFORMATION CONTACT:

Linda Miller, (215) 814–2068, or by email at miller.linda@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever 

Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Rules and Regulations 64861

‘‘we,’’ or ‘‘our’’ are used we mean EPA. 

On October 27, 2004, (69 FR 62591), we 

published a final rulemaking action 

announcing approval of a determination 

of attainment and redesignation of the 

City of Weirton PM10 Nonattainment our 

Area (the Weirton area) to attainment 

and approval of the maintenance plan 

for the area. In the preamble of this 

document, we inadvertently omitted 

language explaining why PM10 motor 

vehicle emissions budgets, for purposes 

of transportation conformity, not 

required to be part of the maintenance 

plan for the area. Our intent was to 

explain that the ambient impact of PM10

emissions from onroad motor vehicles 

was not and is not significant as it has 

been and continues to be less than five 

percent of the total PM10 ambient 

concentrations in the area. Stationary 

(point) source emissions are responsible 

for the remaining impacts. The May 24, 

2004 submittal from West Virginia 

requesting redesignation and approval 

of the maintenance plan (which is in the 

docket for this final rule) includes a 

letter from EPA to the State of West 

Virginia, dated April 26, 1995. In that 

letter, EPA agreed that because the 

ambient impact of PM10 emissions from 

onroad motor vehicles was less than five 

percent of the total PM10 ambient 

concentrations in the area, the impact of 

PM10 emissions from onroad motor 

vehicles was not responsible for 

nonattainment. That letter also stated 

that for purposes of transportation 

conformity no additional quantitative 

analyses for transportation-related PM10

impacts were required for the area. The 

May 24, 2004 submittal from West 

Virginia also includes emission 

inventory data and information 

regarding the area’s declining 

population indicating a decrease in on 

road mobile emissions. 

Although the docket for this final rule 

includes documentation that the 

ambient impact of PM10 emissions from 

onroad motor vehicles did not and do 

not significantly contribute to the total 

PM10 ambient concentrations in the 

area, the preamble of published final 

rule itself did not provide this 

information. This action corrects that 

omission. In rule document 04–23945 

published in the Federal Register on 

October 27, 2004 (69 FR 62591), on page 

62594 in the second column, under 2. 

Maintenance Demonstration the revised 

preamble language is corrected to add a 

second paragraph to read—‘‘West 

Virginia’s May 24, 2004 submittal 

includes documentation that the 

ambient impact of PM10 emissions from 

onroad motor vehicles was not and is 

not significant as it has been and 

continues to be less than five percent of 

the total PM10 ambient concentrations in 

the area. Stationary (point) source 

emissions are responsible for the 

remaining impacts. The enforceable 

measures imposed by West Virginia to 

reduce emissions from these point 

sources are the basis of the Weirton area 

achieving the NAAQS for PM10. 

Therefore, no motor vehicle emissions 

budgets for transportation conformity 

purposes are required for the Weirton 

area’s maintenance plan.’’

Statutory and Executive Order Reviews 

As this action merely provides 

supplemental text to the preamble of the 

direct final rule published on October 

27, 2004, please refer to that direct final 

rule (69 FR 62591, 62595) for 

information regarding applicable 

Statutory and Executive Order Reviews. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. This correction to 

rule document 04–23945 is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2).

Dated: November 3, 2004. 

Donald S. Welsh, 

Regional Administrator, EPA Region III.

[FR Doc. 04–24912 Filed 11–8–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271

[FRL–7835–9] 

Maine: Final Authorization of State 

Hazardous Waste Management 

Program Revision

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: The State of Maine has 

applied to EPA for Final authorization 

of changes to its hazardous waste 

program under the Resource 

Conservation and Recovery Act (RCRA). 

EPA has determined that these changes 

satisfy all requirements needed to 

qualify for final authorization, and is 

authorizing the State’s changes through 

this immediate final action. EPA is 

publishing this rule to authorize the 

changes without a prior proposal 

because we believe this action is not 

controversial and do not expect adverse 

comments that oppose it. Unless we get 

written comments which oppose this 

authorization during the comment 

period, the decision to authorize 

Maine’s changes to their hazardous 

waste program will take effect. If we get 

comments that oppose this action, we 

will publish a document in the Federal 

Register withdrawing this rule before it 

takes effect and the separate document 

in the proposed rules section of this 

Federal Register will serve as a proposal 

to authorize the changes.

DATES: This Final authorization will 

become effective on January 10, 2005, 

unless EPA receives adverse written 

comment by December 9, 2004. If EPA 

receives such comment, it will publish 

a timely withdrawal of this immediate 

final rule in the Federal Register and 

inform the public that this authorization 

will not take effect.

ADDRESSES: Dockets containing copies 

of the State of Maine’s revision 

application and the materials which the 

EPA used in evaluating the revision 

have been established at the following 

two locations: (i) EPA Region 1 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; and (ii) Maine 

Department of Environmental 

Protection, Hospital Street, Augusta, ME 

04333; business hours Monday through 

Thursday 8:30 a.m.–4:30 p.m., and 

Friday 8:30 a.m.–12:30 p.m., tel: (207) 

287–7843. Records in these dockets are 

available for inspection during normal 

business hours.

FOR FURTHER INFORMATION CONTACT:

Sharon Leitch, Hazardous Waste Unit, 

EPA Region 1, One Congress Street, 

Suite 1100 (CHW), Boston, MA 02114–

2023; tel: (617) 918–1647, e-mail: 

leitch.sharon@epa.gov.

SUPPLEMENTARY INFORMATION: 

A. Why Are Revisions to State 

Programs Necessary? 

States which have received final 

authorization from EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must change their 

programs and ask EPA to authorize the 

changes. Changes to State programs may 

be necessary when Federal or State 

statutory or regulatory authority is