Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Proposed Rules 6223

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1.

2. Add § 165.152 to read as follows:

§ 165.152 Coast Guard Station Fire Island, 

Long Island, New York—safety zone. 

(a) Location. The safety zone consists 

of all waters of Fire Island Inlet 

encompassed by a line connecting the 

following points, 40°37.523′ N, 

073°15.685′ W; then north to 40°37.593′

N, 073°15.719′ W; then east to 40–

37.612 N, 073°15.664′ W; then east to 

40°37.630′ N, 073°15.610′ W; then east 

to 40°37.641′ N, 073°15.558′ W; then 

southeast to 40°37.630′ N, 073°15.475′

W; then southeast to 40°37.625′ N, 

073°15.369′ W; then southeast to 

40°37.627′ N, 073°15.318′ W; then 

southeast to point on shore at 40°37.565′

N, 073°15.346′ W. All coordinates are 

North American Datum 1983. 

(b) Regulations. (1) The general 

regulations contained in 33 CFR 

§ 165.23 apply. 

(2) All persons and vessels must 

comply with the Coast Guard Captain of 

the Port or designated on-scene patrol 

personnel. These personnel comprise 

commissioned, warrant and petty 

officers of the U.S. Coast Guard. Upon 

being hailed by a U.S. Coast Guard 

vessel by siren, radio, flashing light or 

other means, the operator of the vessel 

shall proceed as directed.

Dated: November 17, 2003. 

Joseph J. Coccia, 

Captain, U.S. Coast Guard, Captain of the 

Port, Long Island Sound.

[FR Doc. 04–2746 Filed 2–9–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AL38 

Testimony Certified or Under Oath

AGENCY: Department of Veterans Affairs.

ACTION: Withdrawal of proposed rule.

SUMMARY: This document withdraws a 

proposed rule that would have removed 

the adjudication regulation that requires 

written and oral testimony to be 

certified or given under oath or 

affirmation in most cases. This proposed 

rule was erroneously published in the 

Federal Register on July 31, 2002, at 67 

FR 49646, under a previously deleted 

Regulatory Identification Number (RIN 

2900–AK24). The proposal is being 

withdrawn because the Department of 

Veterans Affairs is revising and 

republishing its part 3 compensation 

and pension regulations to make them 

easier to understand and apply. To 

ensure that this proposal is consistent 

with other related regulations being 

rewritten and published in that project, 

it is being withdrawn at this time. The 

Regulation Rewrite Project plans to 

republish this proposed rulemaking 

within one of its packages of 

regulations, ‘‘General Evidence 

Requirements, Effective Dates, Revision 

of Decisions, and Protection of Existing 

Ratings.’’

FOR FURTHER INFORMATION CONTACT: Bill 

Russo, Chief of C&P Rewrite Projects 

(00REG2), Office of Regulation Policy 

and Management, Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Washington, DC 20420, telephone 

(202) 273–9515. This is not a toll-free 

number.

Approved: February 3, 2004. 

Anthony J. Principi, 

Secretary of Veterans Affairs.

[FR Doc. 04–2795 Filed 2–9–04; 8:45 am] 

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[WV063–6032b; FRL–7613–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; MOBILE6-Based Motor 

Vehicle Emission Budgets for 

Greenbrier County and the Charleston, 

Huntington, and Parkersburg 1-Hour 

Ozone Maintenance Areas

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve 

revisions to the West Virginia State 

Implementation Plan (SIP). The 

revisions amend the 1-hour ozone 

maintenance plans for Greenbrier 

County and the Charleston, Huntington 

and Parkersburg areas. These revisions 

amend the maintenance plan’s base year 

and 2005 highway mobile volatile 

organic compound (VOC) and nitrogen 

oxide (NOX) emission inventories and 

the 2005 motor vehicle emissions 

budgets (MVEBs) to reflect the use of 

MOBILE6. These revisions also 

reallocate a portion of each plans’ safety 

margins which results in an increase in 

the MVEBs. The revised plans continue 

to demonstrate maintenance of the 1-

hour national ambient air quality 

standard (NAAQS) for ozone. In the 

final rules section of this Federal 

Register, EPA is approving West 

Virginia’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, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and 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.

DATES: Comments must be received in 

writing by March 11, 2004.

ADDRESSES: Comments may be 

submitted either by mail or 

electronically. Written comments 

should be mailed to Larry Budney, 

Energy, Radiation and Indoor 

Environment Branch, Mailcode 3AP23, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Electronic comments should be sent 

either to budney.larry@epa.gov or to 

http://www.regulations.gov, which is an 

alternative method for submitting 

electronic comments to EPA. To submit 

comments, please follow the detailed 

instructions described in the 

Supplementary Information section. 

Copies of the documents relevant to this 

action are available for public 

inspection during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; and 

at the West Virginia Department of 

Environmental Protection, Division of 

Air Quality, 7012 MacCorkle Avenue, 

SE., Charleston, WV 25304–2943.

FOR FURTHER INFORMATION CONTACT:

Larry Budney, (215) 814–2184, or by email at budney.larry@epa.gov.

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’

section of this Federal Register

publication. 

You may submit comments either 

electronically or by mail. To ensure 

proper receipt by EPA, identify the 

appropriate rulemaking identification 

number, WV063–6032, 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 

6224 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Proposed Rules 

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. 

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. E-mail. Comments may be sent by 

electronic mail (e-mail) to 

budney.larry@epa.gov, attention 

WV063–6032. EPA’s e-mail system is 

not an ‘‘anonymous access’’ system. If 

you send an e-mail comment directly 

without going through Regulations.gov, 

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. 

ii. Regulations.gov. Your use of 

Regulation.gov is an alternative method 

of submitting electronic comments to 

EPA. Go directly to http://

www.regulations.gov, then select 

‘‘Environmental Protection Agency’’ at 

the top of the page and use the ‘‘go’’

button. The list of current EPA actions 

available for comment will be listed. 

Please follow the online instructions for 

submitting comments. 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. 

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in the ADDRESSES section of 

this document. These electronic 

submissions will be accepted in 

WordPerfect, Word or ASCII file format. 

Avoid the use of special characters and 

any form of encryption. 

2. By Mail. Written comments should 

be addressed to the EPA Regional office 

listed in the ADDRESSES section of this 

document. 

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 at the EPA Regional Office, as 

EPA receives them and without change, 

unless the comment contains 

copyrighted material, confidential 

business information (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 

the official public rulemaking file. The 

entire printed comment, including the 

copyrighted material, will be available 

at the Regional Office for public 

inspection. 

Submittal of CBI Comments—Do not 

submit information that you consider to 

be CBI electronically to EPA. 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 official public regional rulemaking 

file. 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 file and available 

for public inspection 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. 

Considerations When Preparing 

Comments to 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 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 your 

estimate. 

5. Provide specific examples to 

illustrate your concerns. 

6. Offer alternatives. 

7. Make sure to submit your 

comments by the comment period 

deadline identified. 

8. To ensure proper receipt by EPA, 

identify the appropriate regional file/

rulemaking identification number in the 

subject line on the first page of your 

response. It would also be helpful if you 

provided the name, date, and Federal 

Register citation related to your 

comments. 

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.

Dated: January 14, 2004. 

James W. Newsom, 

Acting Regional Administrator, Region III.

[FR Doc. 04–2708 Filed 2–9–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–D–7582] 

Proposed Flood Elevation 

Determinations

AGENCY: Federal Emergency 

Management Agency (FEMA), 

Emergency Preparedness and Response 

Directorate, Department of Homeland 

Security.

ACTION: Proposed rule.

SUMMARY: Technical information or 

comments are requested on the 

proposed Base (1% annual chance) 

Flood Elevations (BFEs) and proposed 

BFE modifications for the communities 

listed below. The BFEs are the basis for 

the floodplain management measures 

that the community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP).

DATES: The comment period is ninety 

(90) days following the second 

publication of this proposed rule in a