Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 65117

M may provide for an additional phased 

retirement benefit to be offered to E for 2008. 

The maximum increase would be for the 

phased retirement benefit paid to E during 

2009 to be increased based on a phased 

retirement accrued benefit equal to 75% of 

E’s accrued benefit (1,500 divided by 2,000). 

Thus, the amount being paid to E would be 

increased, effective January 1, 2008, based on 

the excess of 75% of E’s total accrued benefit 

on December 31, 2007, over E’s original 

phased retirement accrued benefit of $12,750. 

Employee E would have the right to elect, 

with spousal consent, any annuity form 

offered under Plan X (with the actuarial 

adjustment for time of commencement and 

form of payment to be based on the age of 

E and any contingent beneficiary (and E’s 

service, if applicable) on June 1, 2008), which 

would be in addition to the previously 

elected joint and 50% survivor annuity 

payable as E’s original phased retirement 

benefit. When E retires fully on July 1, 2009, 

Employee E’s total accrued benefit as of July 

1, 2009 would be offset by (A) E’s original 

phased retirement accrued benefit plus (B) 

the phased retirement accrued benefit for 

which additional phased retirement benefits 

were payable beginning in 2008.

(g) Effective date. The rules of this 

section apply to plan years beginning on 

or after the date of publication of the 

Treasury decision adopting these rules 

as final regulations in the Federal 

Register.

Mark E. Matthews, 

Deputy Commissioner for Services and 

Enforcement.

[FR Doc. 04–24874 Filed 11–9–04; 8:45 am] 

BILLING CODE 4830–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R05–OAR–2004–WI–0001; FRL–7829–5] 

Approval and Promulgation of 

Implementation Plans; Wisconsin

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to 

approve revisions to Wisconsin’s State 

Implementation Plan (SIP) regarding the 

control of nitrogen oxide (NOX) 

emissions. On August 29, 2003, the EPA 

published a final rulemaking approving 

the emission averaging program for 

existing sources subject to the state’s 

rule limiting NOX emissions in 

southeast Wisconsin. By its submittal 

dated May 25, 2004, the Wisconsin 

Department of Natural Resources 

requested that EPA approve 

modifications to existing requirements 

regarding the control of NOX emissions 

in the Wisconsin SIP. The SIP revisions 

modify language to clarify which 

sources are eligible to participate in the 

NOX emission averaging program. In 

addition, the revision creates a separate 

categorical emission limit for new 

combustion turbines burning 

biologically derived gaseous fuels. The 

request is approvable because it meets 

the requirements of the Clean Air Act. 

Wisconsin held a public hearing on the 

submittal on August 6, 2003. 

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 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 proposed 

rule, no further activity is contemplated 

in relation to this proposed rule. If EPA 

receives adverse comments, EPA will 

withdraw the direct final rule and 

address all public comments received 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 December 10, 

2004.

ADDRESSES: Submit comments, 

identified by Regional Material in 

EDocket ID No. R05–OAR–2004–WI–

0001 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 

identification number. Follow the online instructions for submitting 

comments. 

E-mail: bortzer.jay@epa.gov.

Fax: (312) 886–5824. 

Mail: You may send written 

comments to: J. Elmer Bortzer, Chief, 

Air Programs Branch, (AR–18J), 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

Hand delivery: Deliver your 

comments to: J. Elmer Bortzer, Chief, 

Air Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

18th floor, Chicago, Illinois 60604. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation, which are Monday through 

Friday, 8:30 a.m. to 4:30 p.m. excluding 

Federal holidays. 

Instructions: Direct your comments to 

the appropriate rulemaking by including 

in the text ‘‘Public comment on the 

proposed rulemaking Region 5 in 

Regional Material in EDocket ID No. 

R05–OAR–2004–WI–0001’’ in the 

subject line on the first page of your 

comment. EPA’s policy is that all 

comments received will be included in 

the public docket without change, 

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through Regional 

Material in Edocket, regulations.gov, or 

e-mail. The EPA RME Web site and the 

Federal regulations.gov Web site are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through RME or 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

Docket: All documents in the 

electronic docket are listed in the 

Regional Material in Edocket (RME) 

index at http://www.epa.gov/edocket.

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy at Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. (We 

recommend that you telephone Charles 

Hatten, Environmental Engineer, at 

(312) 886–6031 before visiting the 

65118 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Proposed Rules 

Region 5 office.) This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays.

FOR FURTHER INFORMATION CONTACT:

Charles Hatten, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), EPA Region 

5, 77 West Jackson Boulevard, Chicago, 

Illinois 60604, (312) 886–6031. 

hatten.charles@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does This Action Apply to Me? 

This action is rulemaking on two 

revisions to the Wisconsin SIP for the 

control of NOX emissions from 

stationary sources as required by rule 

NR 428. The rule applies to existing 

sources in eight of the counties in the 

Milwaukee-Racine ozone nonattainment 

area (Kenosha, Manitowoc, Milwaukee, 

Ozaukee, Racine, Sheboygan, 

Washington, and Waukesha counties), 

and to new sources in six of the eight 

counties (Kenosha, Milwaukee, 

Ozaukee, Racine, Washington, and 

Waukesha). 

One revision modifies language to 

clarify which units are eligible for 

demonstrating compliance through 

emissions averaging. The emissions 

averaging provisions apply only to 

existing electric utility boilers in the 

Milwaukee-Racine ozone nonattainment 

area (Kenosha, Manitowoc, Milwaukee, 

Ozaukee, Racine, Sheboygan, 

Washington, and Waukesha counties). 

The second revision creates a separate 

NOX categorical emission limit for 

newly installed combustion turbines 

burning biologically derived gaseous 

fuel. Sources affected by the new 

categorical NOX limit are landfill 

operations, wastewater treatment plants 

and digester facilities specifically 

designed to generate gaseous fuel. The 

new NOX categorical limit for newly 

installed combustion turbines burning 

biologically derived fuel applies only to 

new sources located in Kenosha, 

Milwaukee, Ozaukee, Racine, 

Washington, and Waukesha counties in 

southeastern Wisconsin. The revisions 

have been adopted into the State 

administrative code and became 

effective on January 1, 2004. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through EDOCKET, 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, 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 

claimed as CBI. In addition to one 

complete version of the comment that 

includes 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. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments.

When submitting comments, remember 

to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Additional Information 

For additional information, see the 

Direct Final Rule which is located in the 

Rules section of this Federal Register. 

Copies of the request and the EPA’s 

analysis are available electronically at 

Regional Materials in Edocket (RME) or 

in hard copy at the above address. 

(Please telephone Charles Hatten at 

(312) 886–6031 before visiting the 

Region 5 Office.)

Dated: October 8, 2004. 

Norman Neidergang, 

Acting Regional Administrator, Region 5.

[FR Doc. 04–24915 Filed 11–9–04; 8:45 am] 

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73

[DA 04–3174; MB Docket No. 04–386; RM–

10817] 

Radio Broadcasting Services; Leesville 

and New Llano, LA

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule; correction.

SUMMARY: This document corrects the 

reply comment date to a proposed rule 

published in the Federal Register of 

October 20, 2004, regarding Radio 

Broadcasting Services in Leesville and 

New Llano, Louisiana. The wrong date 

was stated for the reply comment date. 

This document corrects the reply 

comment date to read as December 14, 

2004.

FOR FURTHER INFORMATION CONTACT:

Rolanda F. Smith, Media Bureau, (202) 

418–2180. 

Correction 

In proposed rule FR Doc. 04–23458, 

published October 20, 2004 (69 FR 

61617) make the following correction. 

On page 61617, in the third column, 

correct the DATES line to read as follows:

DATES: Comments must be filed on or 

before November 29, 2004, and reply 

comments on or before December 14, 

2004.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–25064 Filed 11–9–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73

[DA 04–3333; MB Docket No. 04–401; RM–

11095] 

Radio Broadcasting Services; Durant, 

OK and Tom Bean, TX

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests 

comments on a petition for rulemaking 

filed by NM Licensing, LLC, licensee of 

Station KLAK(FM), Durant, Oklahoma 

proposing the reallotment of Channel 

248C2 from Durant, Oklahoma to Tom 

Bean, Texas, as that community’s first 

local service, and the modification of 

Station KLAK(FM)’s license