72138 Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Proposed Rules 

condition in the design of the aircraft 

caused by incorrectly heat-treated 

elevator or aileron hinge pins, which 

could result in failure of the elevator or 

ailerons. Such failure during takeoff, 

landing, or flight operations could lead 

to loss of glider control.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation 

safety, Safety.

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

proposes to amend 14 CFR part 39 as 

follows:

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD):

CENTRAIR: Docket No. FAA–2004–19616; 

Directorate Identifier 2004–CE–38–AD 

When Is the Last Date I Can Submit 

Comments on This Proposed AD? 

(a) We must receive comments on this 

proposed airworthiness directive (AD) by 

January 14, 2005. 

What Other ADs Are Affected by This 

Action? 

(b) None. 

What Gliders Are Affected by This AD? 

(c) This AD affects Models 101, 101A, 

101AP, and 101P gliders, all serial numbers, 

without elevator and aileron part number 

SY991A hinge pins installed, certificated in 

any category. 

What Is the Unsafe Condition Presented in 

This AD? 

(d) This AD is the result of mandatory 

continuing airworthiness information (MCAI) 

issued by the airworthiness authority for 

France. The actions specified in this AD are 

intended to replace incorrectly heat-treated 

elevator or aileron hinge pins, which could 

result in failure of the elevator or ailerons. 

Such failure during takeoff, landing, or flight 

operations could lead to loss of glider 

control. 

What Must I Do To Address This Problem? 

(e) To address this problem, you must do 

the following:

Actions Compliance Procedures 

(1) Replace any installed elevator and aileron 

hinge pins that are not part number (P/N) 

SY991A hinge pins with P/N SY991A hinge 

pins.

Within the next 25 hours time-in-service (TIS) 

after the effective date of this AD, unless already done.

Follow Socie ́te ́ Nouvelle Centrair Service Bulletin No. 101–22, dated March 13, 2001. 

(2) Do not install any elevator and aileron 

hinge pins that are not P/N SY991A hinge 

pins as specified in paragraph (e)(1) of this 

AD.

As of the effective date of this AD ................... Not Applicable. 

May I Request an Alternative Method of 

Compliance? 

(f) You may request a different method of 

compliance or a different compliance time 

for this AD by following the procedures in 14 

CFR 39.19. Unless FAA authorizes otherwise, 

send your request to your principal 

inspector. The principal inspector may add 

comments and will send your request to the 

Manager, Standards Office, Small Airplane 

Directorate, FAA. For information on any 

already approved alternative methods of 

compliance, contact Greg Davison, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4130; facsimile: 

(816) 329–4090. 

Is There Other Information That Relates to 

This Subject? 

(g) French AD Number 2001–247(A), dated 

June 27, 2001, also addresses the subject of 

this AD. 

May I Get Copies of the Documents 

Referenced in This AD? 

(h) To get copies of the documents 

referenced in this AD, contact CENTRAIR, 

Aerodome B.P.N. 44, 36300 Le Blanc, France; 

telephone: 02.54.37.07.96; facsimile: 

02.54.37.48.64. To view the AD docket, go to 

the Docket Management Facility; U.S. 

Department of Transportation, 400 Seventh 

Street, SW., Nassif Building, Room PL–401, 

Washington, DC, or on the Internet at http:/

/dms.dot.gov. This is docket number FAA–

2004–19616.

Issued in Kansas City, Missouri, on 

December 6, 2004. 

Scott L. Sedgwick, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 04–27196 Filed 12–10–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117

[CGD01–04–127] 

RIN 2115–AE47

Drawbridge Operation Regulations; 

Shrewsbury River, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to 

change the drawbridge operating 

regulations governing the operation of 

the Route 36 Bridge, mile 1.8, across the 

Shrewsbury River at Highlands, New 

Jersey. This proposed change to the 

drawbridge operation regulations would 

allow the bridge owner to require an 

advance notice for bridge openings 

during periods the bridge has received 

few requests to open from 11 p.m. to 7 

a.m., each day, and all day during the 

winter months December 1 through 

March 31. This action is expected to 

help relieve the bridge owner from the 

burden of crewing the bridge at all times 

while continuing to meet the present 

needs of navigation.

DATES: Comments must reach the Coast 

Guard on or before February 11, 2005.

ADDRESSES: You may mail comments to 

Commander (obr), First Coast Guard 

District, Bridge Branch, One South 

Street, Battery Park Building, New York, 

New York, 10004, or deliver them to the 

same address between 7 a.m. and 3 

p.m., Monday through Friday, except, 

Federal holidays. The telephone number 

is (212) 668–7165. The First Coast 

Guard District, Bridge Branch, 

maintains the public docket for this 

rulemaking. Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, will 

become part of this docket and will be 

available for inspection or copying at 

the First Coast Guard District, Bridge 

Branch, 7 a.m. to 3 p.m., Monday 

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joe 

Arca, Project Officer, First Coast Guard 

District, (212) 668–7165.

SUPPLEMENTARY INFORMATION: 

Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Proposed Rules 72139

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments or related material. If you do 

so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD01–04–127), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know if they reached us, please 

enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period. We may 

change this proposed rule in view of 

them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to the First 

Coast Guard District, Bridge Branch, at 

the address under ADDRESSES explaining 

why one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background 

The Route 36 Bridge, mile 1.8, across 

the Shrewsbury River at Highlands, 

New Jersey, has a vertical clearance of 

35 feet at mean high water and 39 feet 

at mean low water. 

The existing regulations listed at 33 

CFR 117.755, require the Route 36 

Bridge to open on signal; except that, 

from May 15 through October 15, 7 a.m. 

to 8 p.m., the draw need open only on 

the hour and half hour. 

The bridge owner, New Jersey 

Department of Transportation (NJDOT), 

requested a change to the drawbridge 

operation regulations that govern the 

Route 36 Bridge to allow the bridge 

owner to require a 4-hour advance 

notice for bridge openings from 11 p.m. 

to 7 a.m., each day, and all day from 

December 1 through March 31. The 

bridge rarely opens after 11 p.m. and 

during the winter months. This 

proposed rule, if adopted, would help 

relieve the bridge owner from the 

burden of crewing the bridge during 

time periods when the bridge has had 

few requests to open. 

Discussion of Proposal 

This proposed change would amend 

33 CFR 117.755(a) by revising paragraph 

(a), which lists the Route 36 Bridge 

drawbridge operation regulations. This 

proposed change would allow the Route 

36 Bridge to open on signal after a 4-

hour advance notice is given from 11 

p.m. to 7 a.m., each day, and all day, 

from December 1 through March 31. 

Regulatory Evaluation 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, and 

does not require an assessment of 

potential costs and benefits under 

6(a)(3) of that Order. The Office of 

Management and Budget has not 

reviewed it under that Order. It is not 

‘‘significant’’ under the regulatory 

policies and procedures of the 

Department of Homeland Security. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation, under the 

regulatory policies and procedures of 

DHS, is unnecessary. 

This conclusion is based on the fact 

that the bridge will continue to open for 

vessel traffic at all times after the 

advance notice is given. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 

section 5 U.S.C. 605(b), that this 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

This conclusion is based on the fact 

that the bridge will continue to open for 

vessel traffic at all times after the 

advance notice is given. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it.

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact us in writing 

at, Commander (obr), First Coast Guard 

District, Bridge Branch, 408 Atlantic 

Avenue, Boston, MA. 02110–3350. The 

telephone number is (617) 223–8364. 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not effect a 

taking of private property or otherwise 

have taking implications under E.O. 

12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

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 

72140 Federal Register / Vol. 69, No. 238 / Monday, December 13, 2004 / Proposed Rules 

environmental risk to health or risk to 

safety that may disproportionately affect 

children. 

Indian Tribal Governments 

This 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 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 environment 

documentation because it has been 

determined that the promulgation of 

operating regulations or procedures for 

drawbridges are categorically excluded.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations 

For the reasons set out in the 

preamble, the Coast Guard proposes to 

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; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039.

2. Section 117.755 is amended by 

revising paragraph (a) to read as follows:

§117.755 Shrewsbury River. 

(a) The Route 36 Bridge, mile 1.8, at 

Highlands, New Jersey, shall open on 

signal; except that: 

(1) From 11 p.m. to 7 a.m. the draw 

shall open on signal after at least a 4-

hour advance notice is given. 

(2) From May 15 through October 15, 

7 a.m. to 8 p.m., the draw need open on 

the hour and half hour only. 

(3) From December 1 through March 

31, the draw shall open on signal at all 

times after at least a 4-hour advance 

notice is given. 

(4) The owners of the bridge shall 

provide and keep in good legible 

condition, two clearance gauges, with 

figures not less than eight inches high, 

designed, installed, and maintained 

according to the provisions of § 118.160 

of this chapter.

* * * * *

Dated: November 29, 2004. 

David P. Pekoske, 

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

First Coast Guard District.

[FR Doc. 04–27217 Filed 12–10–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 93

[OAR–2003–0049; FRL–7847–2] 

Options for PM2.5 and PM10 Hot-Spot 

Analyses in the Transportation 

Conformity Rule Amendments for the 

New PM2.5 and Existing PM10 National 

Ambient Air Quality Standards

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Supplemental notice of 

proposed rule. 

SUMMARY: This supplemental proposal 

follows EPA’s recent final rule that 

includes most of the transportation 

conformity requirements for the new 8-

hour ozone and fine particulate matter 

(PM2.5) national ambient air quality 

standards. In today’s action, EPA is 

requesting further comment on options 

for consideration of localized emissions 

impacts of individual transportation 

projects in particulate matter (PM2.5 and 

PM10) nonattainment and maintenance 

areas. The Clean Air Act requires 

federally supported highway and transit 

projects to be consistent with (‘‘conform 

to’’) the purpose of a state air quality 

implementation plan. EPA has 

consulted with the Department of 

Transportation (DOT), and DOT concurs 

with this supplemental proposal.

DATES: Written comments on this 

supplemental proposal must be received 

on or before January 12, 2005.

ADDRESSES: Submit your comments, 

identified by Docket ID No. OAR–2003–

0049 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://

www.epa.gov/edocket. EDOCKET, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Follow the on-line 

instructions for submitting comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: 202–566–1741. 

• Mail: Air Docket, Environmental 

Protection Agency, Mailcode: 6102T, 

1200 Pennsylvania Avenue, NW., 

Washington, DC, 20460, Attention 

Docket ID No. OAR–2003–0049. 

• Hand Delivery: EPA Docket Center, 

room B102, EPA West Building, 1301 

Constitution Avenue NW, Washington 

DC. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. OAR–2003–0049. EPA’s