29240 Federal Register / Vol. 69, No. 99 / Friday, May 21, 2004 / Rules and Regulations 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. This rule is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by July 20, 2004. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. 

This action to approve revisions to 

Pennsylvania’s 2005 ROP plan for its 

portion of the Philadelphia area to 

reflect the use of MOBILE6 may not be 

challenged later in proceedings to 

enforce their requirements. (See section 

307(b)(2).)

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds.

Dated: May 10, 2004. 

Donald S. Welsh, 

Regional Administrator, Region III.

■ 40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart NN—Pennsylvania

■ 2. Section 52.2037 is amended by 

revising the section heading, 

redesignating the existing paragraph (i) 

as (i)(1) and adding paragraph (i)(2), and 

revising paragraph (k) to read as follows:

§ 52.2037 Control strategy plans for 

attainment and rate-of-progress: Ozone.

* * * * *

(i)(1) * * * 

(2) EPA approves revisions to the 

Pennsylvania State Implementation 

Plan, submitted by the Secretary of the 

Pennsylvania Department of the 

Environmental Protection on February 

23, 2004. These revisions amend 

Pennsylvania’s rate-of-progress (ROP) 

plan for year 2005 for its Pennsylvania 

portion of the Philadelphia-WilmingtonTrenton 1-hour ozone nonattainment 

area. These revisions update the 2005 

ROP plan’s 1990 and 2005 motor 

vehicle emissions inventories and motor 

vehicle emissions budgets to reflect the 

use of the MOBILE6 emissions model, 

and establish revised motor vehicle 

emissions budgets of 79.69 tons per day 

(tpd) of volatile organic compounds and 

144.73 tpd of nitrogen oxides.

* * * * *

(k) EPA approves the following 

mobile budgets of the post-1996 rate of 

progress plans and the 2005 attainment 

plan:

TRANSPORTATION CONFORMITY BUDGETS FOR THE PHILADELPHIA AREA

Type of control strategy

SIP Year VOC(tpd) 

NOX

(tpd) 

Date of adequacy determination or SIP

approval date 

Post-1996 ROP Plan ........................................... 1999 88.6 109.6 June 23, 2000 (65 FR 36438, June 8, 2000). 

Post-1996 ROP Plan ........................................... 2002 69.52 93.13 June 23, 2000 (65 FR 36438, June 8, 2000). 

Post-1996 ROP Plan ........................................... 2005 79.69 144.73 June 21, 2004 (May 21, 2004, Insert Federal 

Register page citation). 

Attainment Demonstration ................................... 2005 79.69 144.73 June 12, 2003 (68 FR 31700, May 28, 2003). 

(1) [Reserved] 

(2) [Reserved]

[FR Doc. 04–11339 Filed 5–20–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[CA 287–0455; FRL–7665–9] 

Withdrawal of Direct Final Rule 

Revising the California State 

Implementation Plan, South Coast Air 

Quality Management District

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Withdrawal of direct final rule.

SUMMARY: On March 22, 2004 (69 FR 

13225), EPA published a direct final 

approval of a revision to the California 

State Implementation Plan (SIP). This 

revision concerned South Coast Air 

Quality Management District 

(SCAQMD) Rules 1133—Composting 

and Related Operations—General 

Administrative Requirements, 1133.1—

Chipping and Grinding Activities, and 

1133.2—Emission Reductions from CoComposting Operations. The direct final 

action was published without prior 

proposal because EPA anticipated no 

adverse comment. The direct final rule 

stated that if adverse comments were 

received by April 21, 2004, EPA would 

publish a timely withdrawal in the 

Federal Register. EPA received timely 

adverse comments and, therefore, is 

withdrawing the direct final approval. 

EPA will address the comments in a 

subsequent final action based on the 

parallel proposal also published on 

March 22, 2004 (69 FR 13272). As stated 

in the parallel proposal, EPA will not 

institute a second comment period on 

this action.

DATES: Effective Date: The direct final 

rule published on March 22, 2004, at 69 

FR 13225 is withdrawn as of May 21, 

2004.

FOR FURTHER INFORMATION CONTACT:

Jerald S. Wamsley, EPA Region IX, at 

either (415) 947–4111, or 

wamsley.jerry@epa.gov.

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds.

Dated: May 7, 2004. 

Laura Yoshii, 

Acting Regional Administrator, Region IX.

■ Accordingly, the amendment to 40 

CFR 52.220, published in the Federal 

Federal Register / Vol. 69, No. 99 / Friday, May 21, 2004 / Rules and Regulations 29241

Register on March 22, 2004 (69 FR 

13227), which was to become effective 

on May 21, 2004, is withdrawn.

[FR Doc. 04–11555 Filed 5–20–04; 8:45 am] 

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–1199; MM Docket No. 01–271; RM–

10278; 10380] 

Radio Broadcasting Services; 

O’Donnell, Post and Roaring Springs, 

TX

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: The Audio Division, at the 

request of Maurice Salsa, allots Channel 

249A at O’Donnell and Roaring Springs, 

Texas, as each community’s first local 

aural transmission service (RM–10380). 

At the request of Katherine Pyeatt, we 

also dismiss the petition for rule making 

proposing the allotment of Channel 

249C2 at Post, Texas (RM–10278). See

66 FR.52734, October 17, 2001. Channel 

249A can be allotted to O’Donnell in 

compliance with the Commission’s 

minimum distance separation 

requirement with a site restriction of 

14.6 kilometers (9.1 miles) east to avoid 

a short-spacing to the vacant allotment 

site for Channel 248C2, Denver City, 

Texas, and the licensed site for Station 

KODM(FM), Channel 250C1, Texas. The 

coordinates for Channel 249A at 

O’Donnell are 32–55–32 North Latitude 

and 101–40–59 West Longitude. 

Likewise, Channel 249A can be allotted 

to Roaring Springs with a site restriction 

of 14.8 kilometers (9.2 miles) northeast 

to avoid a short-spacing to the proposed 

allotment for Channel 250C3 at Crowell, 

Texas. The coordinates for Channel 

249A at Roaring Springs are 33–57–42 

North Latitude and 100–42–53 West 

Longitude.

DATES: Effective June 18, 2004. A filing 

window for Channel 249A at O’Donnell 

and Roaring Springs, Texas, will not be 

opened at time. Instead, the issue of 

opening a filing window for these 

channels will be addressed by the 

Commission in a subsequent order.

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Media Bureau, 

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MM Docket No. 01–271, 

adopted April 30, 2004, and released 

May 4, 2004. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center (Room CY–A257), 

445 12th Street, SW., Washington, DC. 

The complete text of this decision may 

also be purchased from the 

Commission’s copy contractor, Qualex 

International, Portals II, 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20054. 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting.

■ Part 73 of title 47 of the Code of Federal 

Regulations is amended as follows:

PART 73—RADIO BROADCAST 

SERVICES

■ 1. The authority citation for part 73 

continues to read as follows:

Authority: 47 U.S.C. 54, 303, 334, 336.

§ 73.202 [Amended]

■ 2. Section 73.202(b), the Table of FM 

Allotments under Texas, is amended by 

adding O’Donnell, Channel 249A; and by 

adding Roaring Springs, Channel 249A.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–11543 Filed 5–20–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 04–1200; MB Docket No. 02–212; RM–

10516 & 10618] 

Radio Broadcasting Services; Crystal 

Beach, TX, Lumberton, TX, Vinton, LA 

and Winnie, TX

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: In response to a petition filed 

by Charles Crawford requesting the 

allotment of Channel 287A at Vinton, 

Louisiana, the Commission issued a 

Notice of Proposed Rule Making. See 67 

FR 53903, August 20, 2002. This 

document grants a counterproposal filed 

by Tichenor License Corporation 

requesting the following: reallotment of 

Channel 264C from Winnie, Texas, to 

Lumberton, Texas, and modification of 

the license for Station KOBT to specify 

operation at Lumberton, and 

substitution of Channel 287C2 for 

Channel 287A at Crystal Beach, Texas, 

reallotment of Channel 287C2 to 

Winnie, Texas, and modification of the 

license for Station KLTO to specify 

operation on Channel 287C2 at Winnie, 

Texas. The coordinates for Channel 

264C at Lumberton are 30–03–05 and 

94–31–37 and the coordinates for 

Channel 287C2 at Winnie are 29–41–45 

and 94–19–35. The petition filed by 

Charles Crawford has been dismissed. 

With this action this proceeding is 

terminated.

DATES: Effective June 18, 2004.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Media Bureau, (202) 418–

2180.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 02–212, 

adopted April 30, 2004, and released 

May 4, 2004. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center (Room 239), 445 12th Street, 

SW., Washington, DC. This document 

may also be purchased from the 

Commission’s duplicating contractor, 

Qualex International, Portals II, 445 

12th Street, SW., Room CY–B402, 

Washington, DC, 20554, telephone 202–

863–2893, facsimile 202–863–2898, or 

via e-mail qualexint@aol.com.

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting.

■ Part 73 of title 47 of the Code of Federal 

Regulations is amended as follows:

PART 73—RADIO BROADCAST 

SERVICES

■ 1. The authority citation for part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, and 

336.

§ 73.202 [Amended]

■ 2. Section 73.202(b), the Table of FM 

Allotments under Texas, is amended by 

removing Channel 287A at Crystal 

Beach, by removing Channel 264C and