76864 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 

site-specific treatment standard variance 

from the Land Disposal Restrictions 

(LDR) treatment standards to Chemical 

Waste Management, Chemical Services 

LLC (CWM) in Model City, New York. 

EPA also published an accompanying 

proposed rule to supplant this rule in 

the event EPA received any adverse 

comment on the direct final rule. This 

variance is for a selenium-bearing 

hazardous waste generated by Guardian 

Industries Corp. (Guardian), a glass 

manufacturing company. EPA has 

received a comment on this treatment 

variance that it deems adverse, and is 

withdrawing the direct final rule. 

Therefore, this site-specific treatment 

standard variance will not take effect on 

January 3, 2005 and CWM cannot treat 

the Guardian waste under a treatment 

standard variance. EPA will review and 

address all the comments received on 

this variance and will decide what 

action to take in a future Federal 

Register document. We will not 

institute a second comment period on 

this action.

FOR FURTHER INFORMATION CONTACT: For 

general information, contact the RCRA 

Call Center at 800–424–9346 or TDD 

800–553–7672 (hearing impaired). In 

the Washington, DC, metropolitan area, 

call 703–412–9810 or TDD 703–412–

3323. For more detailed information on 

specific aspects of this rulemaking, 

contact Juan Parra at (703) 308–0478 or 

parra.juan@epa.gov, Office of Solid 

Waste (MC 5302 W), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., Washington, DC 

20460.

SUPPLEMENTARY INFORMATION: On 

November 19, 2004, EPA published a 

direct final rule (69 FR 67647) and a 

notice of proposed rulemaking (69 FR 

67695) promulgating and proposing, 

respectively, amendments to grant a 

site-specific treatment standard variance 

from the Land Disposal Restrictions 

(LDR) treatment standards for a 

selenium-bearing hazardous waste to 

Chemical Waste Management, Chemical 

Services LLC. EPA indicated that it was 

promulgating this site-specific treatment 

variance as a direct final rule because it 

believed this action to be noncontroversial. However, the Agency 

further stated that if it received any 

adverse comments by December 20, 

2004 on the direct final rule, it would 

publish a timely withdrawal of the 

direct final rule in the Federal Register, 

and address the adverse comments and 

determine what action to take in a 

future Federal Register document.

List of Subjects in 40 CFR Part 268 

Environmental Protection, Hazardous 

waste, Reporting and recordkeeping 

requirements.

Dated: December 16, 2004. 

Thomas P. Dunne, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response.

■ Accordingly, the revision to 40 CFR 

268.44 published in the Federal Register

on November 19, 2004 (69 FR 67695), 

which was to become effective on 

January 3, 2005, is withdrawn.

[FR Doc. 04–28089 Filed 12–22–04; 8:45 am] 

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 80

[DA 04–3408] 

Use of Frequency 156.575 MHz for Port 

Operations Communications in Puget 

Sound

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: In this document the 

Commission permits the use of marine 

VHF channel 71 (156.575 MHz) for the 

use of intership port operations 

communications in Puget Sound, the 

Straits of Juan de Fuca, and their 

approaches. This was in response to a 

Coast Guard request to the Commission 

recommending that VHF marine 

Channel 71 be authorized for use by the 

Puget Sound Pilots for intership port 

operations communications. This action 

will allow more efficient management of 

vessel traffic in the area, thereby 

increasing navigational safety and 

protecting the marine environment in 

this busy port.

DATES: Effective January 24, 2005.

FOR FURTHER INFORMATION CONTACT:

James Shaffer, James.Shaffer@FCC.gov,

Public Safety and Critical Infrastructure 

Division, Wireless Telecommunications 

Bureau, (202) 418–0687, or TTY (202) 

418–7233.

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order,

DA 04–3408, adopted on October 26, 

2004, and released on October 28, 2004. 

The full text of this document is 

available for inspection and copying 

during normal business hours in the 

FCC Reference Center, 445 12th Street, 

SW., Washington, DC 20554. The 

complete text may be purchased from 

the Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554. The full text may also be 

downloaded at: www.fcc.gov.

Alternative formats are available to 

persons with disabilities by contacting 

Brian Millin at (202) 418–7426 or TTY 

(202) 418–7365 or at bmillin@fcc.gov.

1. The Order amends § 80.373(f) of the 

Commission’s rules to make VHF 

marine Channel 71 (156.575 MHz) 

available for intership port operations 

communications in Puget Sound, the 

Straits of Juan de Fuca, and the 

approaches thereto. This amendment 

will allow the vessel traffic in Puget 

Sound to be managed more efficiently 

and will protect the marine 

environment by preventing vessel 

collisions and groundings. 

2. In 2000, the Commission amended 

§ 0.331 of its rules to delegate authority 

to the Wireless Telecommunications 

Bureau (Bureau) to designate, by 

footnote to the frequency table in 

§ 80.373(f), frequencies available for 

intership port operations 

communications in defined port areas. 

In the Report and Order, WT Docket No. 

99–332, 15 FCC Rcd 11302 (2000), the 

Commission indicated that it was 

authorizing the Bureau to act on 

requests from the United States Coast 

Guard (Coast Guard) to make 

frequencies available for intership 

communications related to port 

operations in order to alleviate 

communications congestion related to 

such port operations. 

3. On March 12, 2004, the Coast 

Guard submitted a request to the 

Bureau’s Public Safety and Critical 

Infrastructure Division recommending 

that VHF marine Channel 71 be 

authorized for use by the Puget Sound 

Pilots for intership port operations 

communications at a normal power of 

one watt (exceptionally ten watts) in 

Puget Sound, the Straits of Juan de 

Fuca, and the approaches thereto 

Enclosed was a letter from the Puget 

Sound Pilots asking the Coast Guard to 

request that the Commission designate 

VHF marine Channel 71 as a port 

operations channel in the area under the 

jurisdiction of the Captain of the Port 

Puget Sound, with its use limited to 

intership communications with pilots 

regarding the movement and docking of 

ships at a normal power of one watt. 

The Coast Guard also enclosed letters 

from the North Pacific Marine Radio 

Council (NPMRC), the Puget Sound 

Harbor Safety and Security Committee 

(PSHSSC), the Recreational Boating 

Association of Washington (RBAW), and 

the Captain of the Port Puget Sound, all 

concurring with the request. 

4. We agree with the Coast Guard that 

the proposed designation will enhance 

Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 76865

maritime safety in this busy waterway. 

In this type of environment, harbor 

pilots rely upon clear and effective radio 

communications with tugs to help 

ensure the safe ingress and egress of 

large vessels. The parties assert that 

there is a critical need for an additional 

VHF channel for communications 

between large commercial vessels, 

tankers and other vessels carrying 

hazardous cargoes, and pilots and tugs 

in the Vessel Traffic Service Puget 

Sound (VTS Puget Sound). They note 

that the only frequency dedicated to 

intership communications related to 

port operations, VHF marine Channel 77 

(156.875 MHz), is frequently congested. 

Congestion is intensified by the 

Canadian use of this channel for ship 

movement and docking at Delta Port, 

British Columbia, near the northern 

border of VTS Puget Sound. 

5. The parties submit that VHF marine 

Channel 71, which currently is 

designated for noncommercial intership 

and ship-to-coast use, is a good 

candidate for a port operations channel 

because it carries very little recreational 

traffic, even during the summer months. 

RBAW agrees that recreational vessels 

have sufficient other channels to meet 

their VHF communication needs. 

6. Based on the foregoing, we hereby 

amend the frequency table in § 80.373(f) 

of the Commission’s rules to make VHF 

marine Channel 71 available for 

intership port operations 

communications in Puget Sound, the 

Straits of Juan de Fuca, and the 

approaches thereto. The normal output 

power must not exceed one watt, and 

the maximum output power must not 

exceed ten watts. This action will allow 

more efficient management of vessel 

traffic in the area, thereby increasing 

navigational safety and protecting the 

marine environment in this busy port. 

7. We will permit private coast 

stations currently authorized to operate 

on VHF marine Channel 71 within VTS 

Puget Soundto continue operation until 

the end of their current license term on 

a non-interference basis. NPMRC has 

contacted the owners of these stations, 

and they have agreed to change to 

another appropriate frequency. Bureau 

staff will assist affected licensees in 

finding suitable alternative channels. No 

fee will be charged for affected stations 

that request an alternative channel 

before their next license renewals. 

8. Finally, Puget Sound Pilots also 

request that VHF marine Channel 76 

(156.825 MHz), which recently was 

designated for port operations 

communications, be limited to intership 

communications with pilots regarding 

the movement and docking of ships. 

The Coast Guard, however, did not 

support this request. We agree with the 

Coast Guard and do not believe that it 

is necessary to so limit the use of 

Channel 76. We believe that in 

redesignating Channels 75 (156.775 

MHz) and 76, the Commission (which 

acted after Puget Sound Pilots submitted 

their request to the Coast Guard) 

addressed the needs for additional 

spectrum for navigation-related port 

operation communications. Therefore, 

we will not amend our rules to limit 

such communications. 

Report to Congress 

9. The Commission will send a copy 

of this Order in a report to be sent to 

Congress and the General Accounting 

Office pursuant to the Congressional 

Review Act, see 5 U.S.C. 801(a)(1)(A).

Ordering Clause 

10. Accordingly, it is ordered, that 

pursuant to the authority contained in 

sections 4(i) and 303(r) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 303(r), and 

§ 0.331 of the Commission’s rules, 47 

CFR § 0.331, part 80 of the 

Commission’s rules is amended as set 

forth in Appendix A, effective January 

24, 2005.

List of Subjects in 47 CFR Part 80

Communications equipment, Radio.

Federal Communications Commission 

Ramona Melson, 

Chief of Staff, Public Safety and Critical 

Infrastructure Division.

Final Rule

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 80 as 

follows:

PART 80—STATIONS IN THE 

MARITIME SERVICES

■ 1. The authority citation for part 80 

continues to read as follows:

Authority: Sections 4, 303, 307(e), 309 and 

322, 48 Stat. 1066, 1082, as amended; 47 

U.S.C. 154, 303, 307(e), 309 and 322 unless 

otherwise noted. Interpret or apply 48 Stat. 

1064–1068, 1081–1105, as amended; 47 

U.S.C. 151–155, 301–609; 3 UST 3450, 3 UST 

4726, 12 UST 2377.

■ 2. In § 80.373, the noncommercial table 

of paragraph (f) is amended by revising 

the entry for ‘‘71’’ and by adding footnote 

19 to read as follows:

§ 80.373 Private communications 

frequencies.

* * * * *

(f) * * *

Frequencies in the 156–162 MHz band 

Carrier 

frequency 

(MHz) 

Channel designator 

Points of communication (Intership 

and between 

coast and ship 

unless otherwise 

indicated) 

Ship

transmit 

Coast 

transmit 

Noncommercial 

*****

7119 ........ 156.575 156.575

*****

19 156.575 MHz is available for port operations 

communications use only within the U.S. Coast 

Guard designated VTS radio protection area of Seattle (Puget Sound) described in § 80.383. Normal 

output power must not exceed 1 watt. Maximum output power must not exceed 10 watts. 

* * * * *

[FR Doc. 04–28028 Filed 12–22–04; 8:45 am] 

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2004–19938] 

RIN 2127–AJ50 

Federal Motor Vehicle Safety 

Standards; Platform Lifts for Motor 

Vehicles, Platform Lift Installations in 

Motor Vehicles

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT).

ACTION: Interim final rule; delay of 

compliance date; request for comments. 

SUMMARY: This document delays the 

compliance dates of Federal motor 

vehicle safety standards for platform 

lifts and vehicles equipped with 

platform lifts. In December 2002, 

NHTSA published a final rule that 

established Federal motor vehicle safety 

standards for platform lifts and vehicles 

equipped with platform lifts. In October 

2004, the agency published an 

amendment to these standards in 

response to petitions for reconsideration 

of the December 2002 final rule. Since 

that time, the agency has received 

several telephone calls on the inability 

of vehicle manufacturers to comply with 

the vehicle standards by the compliance 

date. We are also aware of some 

confusion within the industry as to the 

applicability of the standards. 

Additionally, in response to the October 

2004 final rule, we received several 

petitions for reconsideration. As 

established in the December 2002 final 

rule, the standards are to become