77684 Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Proposed Rules 

(b) Plans. Each filer is required to 

provide, in accordance with the 

instructions on the PBGC’s Web site, the 

following identifying information with 

respect to each plan (including exempt 

plans) maintained by any member of the 

controlled group (including exempt 

entities)—

(1) Current plans. For each plan that 

is maintained by the controlled group as 

of the last day of the filer’s information 

year—

(i) The name of the plan; 

(ii) The EIN and the three-digit Plan 

Number (PN) assigned by the 

contributing sponsor to the plan (or if 

there is no EIN or PN for the plan, an 

explanation); 

(iii) If the EIN or PN of the plan has 

changed since the beginning of the 

filer’s information year, the previous 

EIN or PN and an explanation;

(iv) If the plan had not been 

maintained by the controlled group 

immediately before the filer’s 

information year, the date the plan was 

first maintained by the controlled group 

during the information year; and 

(v) If, as of any day during the 

information year, the plan was frozen 

(for eligibility or benefit accrual 

purposes), a description of the date and 

the nature of the freeze (e.g., service is 

frozen but pay is not). 

(2) Former plans. For any plan that 

ceased to be maintained by the 

controlled group during the filer’s 

information year, the date the plan 

ceased to be so maintained, 

identification of the controlled group 

currently maintaining the plan, and the 

identifying information required by 

paragraph (b)(1) of this section as of the 

date immediately preceding that date. 

12. Amend § 4010.8 by revising 

paragraphs (a) inductory text and (1) 

through (4), (5) introductory text, (5)(iv) 

through (viii), (6), (b) introductory text, 

(b)(1), and (2) as follows: 

§ 4010.8 Plan actuarial information. 

(a) Required information. For each 

plan (other than an exempt plan) 

maintained by any member of the filer’s 

controlled group, each filer is required 

to provide, in accordance with the 

instructions on the PBGC’s Web site, the 

following actuarial information—

(1) The number of—

(i) Retired participants and 

beneficiaries receiving payments; 

(ii) Terminated vested participants, 

and 

(iii) Active participants; 

(2) The fair market value of the plan’s 

assets; 

(3) The value of the plan’s benefit 

liabilities, setting forth separately the 

value of the liabilities attributable to 

retired participants and beneficiaries 

receiving payments, terminated vested 

participants, and active participants, 

determined (in accordance with 

paragraph (d) of this section) at the end 

of the plan year ending within the filer’s 

information year; 

(4) A description of the actuarial 

assumptions for interest (i.e., the 

specific interest rate(s), such as 5%), 

mortality, retirement age, and loading 

for administrative expenses, as used to 

determine the benefit liabilities in 

paragraph (a)(3) of this section; and 

(5) a copy of the actuarial valuation 

report for the plan year ending within 

the filer’s information year that contains 

or is supplemented by the following 

information—

(i) * * * 

(iv) The actuarial assumptions and 

methods used for that plan year for 

purposes of section 302(b) and (d) of 

ERISA or section 412(b) and (l) of the 

Code (and any change in those 

assumptions and methods since the 

previous valuation and justifications for 

any change), 

(v) A summary of the principal 

eligibility and benefit provisions on 

which the valuation of the plan was 

based (and any changes to those 

provisions since the previous 

valuation), along with descriptions of 

any benefits not included in the 

valuation, any significant events that 

occurred during that plan year, and the 

plan’s early retirement factors, 

(vi) The current liability, vested and 

nonvested, calculated pursuant to 

section 412 of the Code, setting forth 

separately the value of the liabilities 

attributable to retired participants and 

beneficiaries receiving payments, 

terminated vested participants, and 

active participants, 

(vii) The expected increase in current 

liability due to benefits accruing during 

the plan year, and 

(viii) The expected plan 

disbursements for the plan year; and 

(6) A written certification by an 

enrolled actuary that, to the best of his 

or her knowledge and belief, the 

actuarial information submitted is true, 

correct, and complete and conforms to 

all applicable laws and regulations, 

provided that this certification may be 

qualified in writing, but only to the 

extent the qualification(s) are permitted 

under 26 CFR 301.6059–1(d). 

(b) Alternative compliance for plan 

actuarial information. If any of the 

information specified in paragraph (a)(5) 

of this section is not available by the 

date specified in § 4010.10(a), a filer 

may satisfy the requirement to provide 

such information by—

(1) Including a statement, with the 

material that is submitted to the PBGC, 

that the filer will file the unavailable 

information by the alternative due date 

specified in § 4010.10(b), and 

(2) Filing such information (along 

with a certification by an enrolled 

actuary under paragraph (a)(6) of this 

section) with the PBGC by that 

alternative due date.

* * * * *

13. Revise paragraphs (a) introductory 

text and (b)(2) of § 4010.9 to read as 

follows:

§ 4010.9 Financial information. 

(a) General. Except as provided in this 

section, each filer is required to provide, 

in accordance with the instructions on 

the PBGC’s Web site, the following 

financial information for each 

controlled group member (other than an 

exempt entity)—

***

(b) * * * 

(2) If audited financial statements are 

not available by the date specified in 

§ 4010.10(a), unaudited financial 

statements for the fiscal year ending 

within the information year; or

* * * * *

Issued in Washington, DC, this 22nd day 

of December, 2004. 

Bradley D. Belt, 

Executive Director, Pension Benefit Guaranty 

Corporation.

[FR Doc. 04–28398 Filed 12–27–04; 8:45 am] 

BILLING CODE 7708–01–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–04–171] 

RIN 1625–AA00 

Security Zone; Fifth Coast Guard 

District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes 

establishing permanent moving security 

zones around escorted vessels while 

they are in the navigable waters of the 

Fifth Coast Guard District. The proposed 

security zones would require all vessels 

in a 500-yard radius around escorted 

vessels to operate at the minimum speed 

necessary to navigate safely and prohibit 

any vessels from entering within 100 

yards of an escorted vessel. These 

proposed security zones would mitigate 

Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Proposed Rules 77685

potential terrorist acts and enhance 

public and maritime safety and security.

DATES: Comments and related material 

must reach the Coast Guard on or before 

February 28, 2005.

ADDRESSES: You may mail comments 

and related material to Fifth Coast 

Guard District, Marine Safety Division, 

431 Crawford Street, Portsmouth, 

Virginia, 23704. The Fifth District 

Marine Safety Division 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 above 

mentioned office between 8 a.m. and 3 

p.m., Monday through Friday, except 

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant E.J. Terminella, Fifth Coast 

Guard District, at (757) 398–7783.

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD05–04–171), 

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 that your submission reached 

us, please enclose a stamped, selfaddressed 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 Fifth 

Coast Guard District at the address 

under ADDRESSES explaining why one 

would be beneficial. If we determine 

that a public meeting would aid this 

rulemaking, we will hold one at a time 

and place announced by a separate 

notice in the Federal Register. 

Background and Purpose 

Due to increased awareness that 

future terrorist attacks are possible, the 

Coast Guard, as Lead Federal Agency for 

maritime homeland security, has 

determined that the Captain of the Port 

must have the means to be aware of, 

detect, deter, intercept, and respond to 

asymmetric threats, acts of aggression, 

and attacks by terrorists on the 

American homeland while maintaining 

our freedoms and sustaining the flow of 

commerce. Terrorists have 

demonstrated both desire and ability to 

utilize multiple means in different 

geographic areas to successfully carry 

out their terrorist missions. 

During the past 3 years, the Federal 

Bureau of Investigation has issued 

several advisories to the public 

concerning the potential for terrorist 

attacks within the United States. The 

October 2002 attack on a tank vessel, M/

V LIMBURG, off the coast of Yemen and 

the prior attack on the USS COLE 

demonstrate a continuing threat to U.S. 

maritime assets as described in the 

President’s finding in Executive Order 

13273 of August 21, 2002 (67 FR 56215, 

September 3, 2002) and Continuation of 

the National Emergency with Respect to 

Certain Terrorist Attacks, (67 FR 58317, 

September 13, 2002); Continuation of 

the National Emergency With Respect 

To Persons Who Commit, Threaten To 

Commit, Or Support Terrorism, (67 FR 

59447, September 20, 2002). 

Furthermore, the ongoing hostilities in 

Afghanistan and Iraq have made it 

prudent for U.S. port and waterway 

users to be on a higher state of alert 

because the Al Qaeda organization and 

other similar organizations have 

declared an ongoing intention to 

conduct armed attacks on U.S. interests 

worldwide. 

In addition to escorting vessels, a 

security zone is a tool available to the 

Coast Guard that may be used to control 

maritime traffic operating in the vicinity 

of vessels, which the Coast Guard has 

determined need additional security 

measures during their transit. The COTP 

would use this regulation to establish a 

security zone around vessels to 

safeguard the port, harbors or waterfront 

facilities. Vessels that may require an 

escort are vessels of national security 

interest, a passenger vessel, vessels 

carrying certain dangerous or hazardous 

cargo. These proposed security zones 

around all escorted vessels during 

transit and while the escorted vessels 

are anchored, moored, or underway 

within the Fifth Coast Guard District 

will help ensure the safety of the ports 

and vessels in the navigable waters of 

the Fifth Coast Guard District. 

Discussion of Proposed Rule 

This rule proposes placing a 500-yard 

security zone around all vessels that are 

being escorted by a Coast Guard surface, 

air or Coast Guard Auxiliary asset, or by 

a local law enforcement agency during 

their transit through the Fifth Coast 

Guard District. Only vessels traveling at 

the minimum safe speed may transit in 

the 500-yard zone and no persons or 

vessels will be allowed within 100 yards 

of any escorted vessel, without the 

permission of the District Commander, 

Captain of the Port or their designated 

representatives, while the vessel is 

within the Fifth Coast Guard District. 

Persons desiring to transit within 100 

yards of an escorted vessel in the Fifth 

Coast Guard District must contact the 

local Captain of the Port on VHF 

channel 16 (156.800 MHz) or VHF 

channel 13 (156.650 MHz) and obtain 

permission to transit within 100 yards 

of the escorted vessel. The boundaries of 

the Fifth Coast Guard District are 

defined in 33 CFR 3.25–1. And the 

boundaries of the four COTP zones are 

defined in § 3.25–05, Philadelphia 

Captain of the Port Zone; § 3.25–10, 

Hampton Roads Marine Inspection Zone 

and Captain of the Port Zone; § 3.25–15, 

Baltimore Captain of the Port Zone, and 

§ 3.25–20, Wilmington Marine 

Inspection Zone and Captain of the Port 

Zone. 

All persons within 500-yards of an 

escorted vessel would be required to 

operate their vessels at the minimum 

safe speed necessary to maintain 

navigation in accordance with the 

Navigation Rules in 33 CFR Chapter I, 

subchapters D and E. Stationary vessels 

that are moored or anchored must 

remain moored or anchored when an 

escorted vessel approaches within 100 

yards of the stationary vessel. 

Additionally, vessels restricted in their 

ability to maneuver may request 

permission from the District 

Commander, Captain of the Port, or a 

designated representative, to enter 

within 100 yards of an escorted vessel 

in order to ensure safe passage in 

accordance with the Navigation Rules in 

33 CFR Chapter I, subparts D and E. 

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 

section 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 

(DHS).

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 finding is based on the relatively 

small percentage of ships that would fall 

77686 Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Proposed Rules 

within the applicability of the 

regulation, the relatively small size of 

the limited access area around each 

ship, the minimal amount of time that 

vessels will be restricted in course or 

speed when the zone is being enforced, 

and the ease with which vessels may 

transit around the affected area. In 

addition, vessels that may need to enter 

the zones may request permission on a 

case-by-case basis from the District 

Commander, Captain of the Port or their 

designated representatives. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have 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 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 rule affects the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit in the 

security zone near an escorted vessel. 

This proposed rule would not have a 

significant impact on a substantial 

number of small entities because the 

restrictions affect only a limited area. 

Although this is a permanent security 

zone, the rule is effective only when 

vessels are escorted and vessel traffic 

could pass safely around the security 

zone. Additionally, the opportunity to 

engage in recreational and charter 

fishing outside the limits of the security 

zone will not be disrupted. 

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 (Public Law 104–

121), we want to assist small entities in 

understanding this proposed rule so that 

they could better evaluate its effects on 

them and participate in the rulemaking 

process. 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 

Lieutenant E.J. Terminella, Coast Guard 

Fifth Coast Guard District, at (757) 398–

7783. 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 expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble.

Taking of Private Property 

This proposed rule would not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 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 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed 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. 

We invite your comments on how this 

proposed rule might impact tribal 

governments, even if that impact may 

not constitute a ‘‘tribal implication’’

under the Order. 

Energy Effects 

We have analyzed this proposed 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. lD, which guides the Coast 

Guard in complying with the National 

Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Proposed Rules 77687

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 (34)(g), of the 

Instruction, from further environmental 

documentation. Under figure 2–1, 

paragraph (34)(g) of the Instruction, an 

‘‘Environmental Analysis Check List’’

and a ‘‘Categorical Exclusion 

Determination’’ are not required for this 

rule. If you disagree with this 

categorical exclusion, comments on this 

section will be considered.

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways.

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows:

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows:

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 § 165.518 to read as follows:

§ 165.518 Security Zone; Waters of the 

Fifth Coast Guard District. 

(a) Definitions. As used in this 

section—

Designated Representative means any 

U.S. Coast Guard commissioned, 

warrant or petty officer who has been 

authorized by the District Commander 

or local Captain of the Port (COTP), as 

defined in 33 CFR part 3, subpart 3.25, 

to act on his or her behalf. 

Escorted vessel means a vessel that is 

accompanied by one or more Coast 

Guard assets or Federal, State or local 

law enforcement agency assets as listed 

below: 

(1) Coast Guard surface or air asset 

displaying the Coast Guard insignia. 

(2) Coast Guard Auxiliary surface 

asset displaying the Coast Guard 

Auxiliary insignia. 

(3) State and/or local law enforcement 

asset displaying the applicable agency 

markings and or equipment associated 

with the agency. 

State and/or local law enforcement 

officers means any State or local 

government law enforcement officer 

who has authority to enforce State 

criminal laws. 

(b) Location. The following area is a 

security zone: 500-yard radius around 

escorted vessels in the navigable waters 

of the Fifth Coast Guard District as 

defined in 33 CFR 3.25–1, from surface 

to bottom. 

(c) Regulations. (1) No vessel may 

approach within 500 yards of an 

escorted vessel within the navigable 

waters of the Fifth Coast Guard District, 

unless traveling at the minimum speed 

necessary to navigate safely. 

(2) No vessel may enter within a 100-

yard radius of an escorted vessel within 

the navigable waters of the Fifth Coast 

Guard District, without approval from 

the District Commander, Captain of the 

Port or their designated representatives. 

(3) Moored or anchored vessels, 

which are overtaken by a moving zone, 

must remain stationary at their location 

until the escorted vessel maneuvers at 

least 500 yards past. 

(4) Vessels restricted in their ability to 

maneuver may request permission of the 

District Commander, Captain of the Port 

or designated representative to enter the 

security zone in order to ensure safe 

passage in accordance with the 

Navigation Rules in 33 CFR chapter I, 

subparts D and E. 

(5) The local COTP may notify the 

maritime and general public by marine 

information broadcast of the periods 

during which individual security zones 

have been activated by providing notice 

in accordance with 33 CFR 165.7. 

(6) When moored, a security zone 

around an escorted vessel may also be 

enforced by Coast Guard, State or local 

law enforcement personnel shoreside. 

(7) Persons desiring to transit within 

100 yards of an escorted vessel in the 

Fifth Coast Guard District must contact 

the local Captain of the Port on VHF 

channel 16 (156.800 MHz), VHF 

channel 13 (156.650 MHz) or at 

telephone numbers:

Philadelphia: (215) 271–4807, 

Baltimore: (410) 576–2693, 

Hampton Roads: (757) 668–5555 or 

(757) 484–8192, or 

Wilmington: (910) 772–2200 or (910) 

254–1500.

(8) If permission is granted to transit 

within 100 yards of an escorted vessel, 

all persons and vessels must comply 

with the instructions of the District 

Commander, Captain of the Port or his 

or her designated representative.

Dated: December 14, 2004. 

S. Brice-O’Hara, 

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

Fifth Coast Guard District.

[FR Doc. 04–28228 Filed 12–27–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R03–OAR–2004–DC–0003; FRL–7854–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Excess Volatile Organic 

Compound and Nitrogen Oxides 

Emissions Fee Rule

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the District of 

Columbia (District) for the purpose of 

establishing a fee on major VOC 

(volatile organic compound) and NOX

(nitrogen oxides) sources in The District 

which is part of the Metropolitan 

Washington D.C. Severe Ozone 

Nonattainment Area. In the Final Rules 

section of this Federal Register, EPA is 

approving the State’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 all 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 January 27, 2005.

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R03–OAR–

2004–DC–0003 by one of the following 

methods: 

A. Federal eRulemaking Portal:

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Agency Web site: http://

www.docket.epa.gov/rmepub/ RME, 

EPA’s electronic public docket and 

comment system, is EPA’s preferred 

method for receiving comments. Follow 

the on-line instructions for submitting 

comments. 

C. E-mail: morris.makeba@epa.gov.

D. Mail: R03–OAR–2004–DC–0003, 

Makeba Morris, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency,