Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Proposed Rules 68859

TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued

Facility Address Waste Description 

(6) Reopener Language: (A) If, at any time after disposal of the delisted waste, 

BMW possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other 

data relevant to the delisted waste indicating that any constituent identified in the 

delisting verification testing is at a level higher than the delisting level allowed by 

EPA in granting the petition, BMW must report the data, in writing, to EPA and 

South Carolina within 10 days of first possessing or being made aware of that 

data. (B) If the testing of the waste, as required by Condition (2)(A), does not 

meet the delisting requirements of Condition (1), BMW must report the data, in 

writing, to EPA and South Carolina within 10 days of first possessing or being 

made aware of that data. (C) Based on the information described in paragraphs 

(6)(A) or (6)(B) and any other information received from any source, EPA will 

make a preliminary determination as to whether the reported information requires 

that EPA take action to protect human health or the environment. Further action 

may include suspending or revoking the exclusion, or other appropriate response 

necessary to protect human health and the environment. (D) If EPA determines 

that the reported information does require Agency action, EPA will notify the facility in writing of the action believed necessary to protect human health and the 

environment. The notice shall include a statement of the proposed action and a 

statement providing BMW with an opportunity to present information as to why 

the proposed action is not necessary. BMW shall have 10 days from the date of 

EPA’s notice to present such information. 

(E) Following the receipt of information from BMW, as described in paragraph 

(6)(D), or if no such information is received within 10 days, EPA will issue a final 

written determination describing the Agency actions that are necessary to protect 

human health or the environment, given the information received in accordance 

with paragraphs (6)(A) or (6)(B). Any required action described in EPA’s determination shall become effective immediately, unless EPA provides otherwise. 

(7) Notification Requirements: BMW must provide a one-time written notification to 

any State Regulatory Agency in a State to which or through which the delisted 

waste described above will be transported, at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a 

violation of the delisting conditions and a possible revocation of the decision to 

delist. 

*******

[FR Doc. 04–26166 Filed 11–24–04; 8:45 am] 

BILLING CODE 6560–50–P

FEDERAL MARITIME COMMISSION

46 CFR Part 531

[Docket No. 04–12] 

RIN 3072–AC30

Non-Vessel Operating Common Carrier 

Service Arrangements

AGENCY: Federal Maritime Commission.

ACTION: Proposed rulemaking; extension 

of time. 

SUMMARY: The Commission by Notice of 

Proposed Rulemaking published 

November 3, 2004 (69 FR 63981) 

proposed an exemption from the tariff 

publication requirements of the 

Shipping Act of 1984 for service 

arrangements made by non-vesseloperating common carriers, subject to 

the conditional filing requirements set 

forth in this new Part. The Commission 

has received and determined to grant a 

request from the Department of Justice, 

for an extension of time to November 

30, 2004 to file comments in this 

proceeding.

DATES: Comments are now due 

November 30, 2004. Submit an original 

and 15 copies of comments (paper), or 

e-mail comments as an attachment in 

WordPerfect 10, Microsoft Word 2003, 

or earlier versions of these applications.

ADDRESSES: Address all comments 

concerning this proposed rule to: Bryant 

L. VanBrakle, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street, NW., Room 1046, 

Washington, DC 20573–0001; (202) 523–

5725, e-mail: Secretary@fmc.gov.

FOR FURTHER INFORMATION CONTACT:

Amy W. Larson, General Counsel, 

Federal Maritime Commission, 800 

North Capitol Street, NW., Room 1018, 

Washington, DC 20573–0001; (202) 523–

5740, e-mail: GeneralCounsel@fmc.gov;

and Austin L. Schmitt, Director, Office 

of Operations, Federal Maritime 

Commission, 800 North Capitol Street, 

NW., Room 1078, Washington, DC 

20573–0001, (202) 523–0988.

Bryant L. VanBrakle, 

Secretary.

[FR Doc. 04–26125 Filed 11–24–04; 8:45 am] 

BILLING CODE 6730–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 4

[ET Docket No. 04–35; FCC 04–188] 

Disruptions to Communications

AGENCY: Federal Communications 

Commission.

ACTION: Proposed rule.

SUMMARY: This document expands the 

record in this proceeding to focus 

specifically on the unique 

communications needs of airports, 

including wireless and satellite 

communications. In this regard, we 

request comment on the additional 

types of airport communications (e.g.,