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Federal Register / Vol. 70, No.

46 / Thursday, March 10, 2005 / Proposed Rules 11913

April 11, 2000 (65 FR 19477), or you large stationary sources. The intended views this as a noncontroversial
may visit http://dms.dot.gov. effect of this action is to approve these submittal and anticipates no adverse
Background and purpose: As we requirements into the Maine SIP. EPA is comments. A detailed rationale for the
stated in the original notice and request taking this action in accordance with approval is set forth in the direct final
for public comments (69 FR 63979, Nov. the Clean Air Act (CAA). rule. If EPA receives no adverse
3, 2004), the City of Fall River, DATES: Written comments must be comments in response to this rule, the
Massachusetts, has petitioned the Coast received on or before April 11, 2005. Agency anticipates no further activity. If
Guard to promulgate regulations ADDRESSES: When submitting your
EPA receives adverse comments, the
establishing thermal and vapor comments, include the Regional Agency will withdraw the direct final
dispersion exclusion zone requirements Material in EDocket (RME) ID Number rule and will address all public
for liquefied natural gas (LNG) spills on R01–OAR–2005–ME–0001 by one of the comments we receive in a subsequent
water. The City asks that these following methods: final rule based on this proposed rule.
regulations be similar to Department of 1. Federal eRulemaking Portal: EPA will not institute a second
Transportation regulations for LNG http://www.regulations.gov. Follow the comment period. Any parties interested
spills on land, contained in 49 CFR on-line instructions for submitting in commenting on this action should do
193.2057 and 193.2059. In our original comments. so at this time. Please note that if EPA
notice, we provided a public comment 2. Agency Web site: http:// receives adverse comment on an
period that ended February 1, 2005. At docket.epa.gov/rmepub/ Regional amendment, paragraph, or section of
the end of that comment period, we Material in EDocket (RME), EPA’s this rule and if that provision may be
received a letter from the Attorney electronic public docket and comment severed from the remainder of the rule,
General of Rhode Island that read in system, is EPA’s preferred method for EPA may adopt as final those provisions
part: ‘‘I wish to emphasize that my receiving comments. Once in the of the rule that are not the subject of an
office is waiting for the completion of a system, select ‘‘quick search,’’ then key adverse comment.
Threat Analysis. I am formally in the appropriate RME Docket For additional information, see the
requesting that the public comment identification number. Follow the on- direct final rule which is located in the
period in this docket remain open for an line instructions for submitting Rules section of this Federal Register.
additional sixty (60) days to allow for comments. Dated: February 18, 2005.
consideration of [that] report.’’ In light 3. E-mail: conroy.dave@epa.gov. Robert W. Varney,
of this request, the Coast Guard is 4. Fax: (617) 918–0661. Regional Administrator, EPA New England.
providing an additional sixty-day 5. Mail: ‘‘RME ID Number R01–OAR–
comment period. The public is invited [FR Doc. 05–4708 Filed 3–9–05; 8:45 am]
2005–ME–0001,’’ David Conroy, U.S. BILLING CODE 6560–50–P
to review the material contained in the Environmental Protection Agency, EPA
docket and submit relevant comments. New England Regional Office, One
The Coast Guard will consider the City’s Congress Street, Suite 1100 (mail code ENVIRONMENTAL PROTECTION
petition, any comments received from CAQ), Boston, MA 02114–2023. AGENCY
the public, and other information to 6. Hand Delivery or Courier. Deliver
determine whether or not to initiate the your comments to: David Conroy, Unit 40 CFR Part 194
requested rulemaking. Manager, Air Quality Planning, Office of
[FRL–7882–9]
Dated: March 2, 2005. Ecosystem Protection, U.S.
Howard L. Hime, Environmental Protection Agency, EPA Waste Characterization Program
Acting Director of Standards, Marine Safety, New England Regional Office, One Documents Applicable to Transuranic
Security, and Environmental Protection, U.S. Congress Street, 11th floor, (CAQ), Radioactive Waste From the Idaho
Coast Guard. Boston, MA 02114–2023. Such National Engineering and
[FR Doc. 05–4600 Filed 3–9–05; 8:45 am] deliveries are only accepted during the Environmental Laboratory Advanced
BILLING CODE 4910–15–P Regional Office’s normal hours of Mixed Waste Treatment Project for
operation. The Regional Office’s official Disposal at the Waste Isolation Pilot
hours of business are Monday through Plant
ENVIRONMENTAL PROTECTION Friday, 8:30 a.m. to 4:30 p.m., excluding
AGENCY Federal holidays. AGENCY: Environmental Protection
Please see the direct final rule which Agency.
40 CFR Part 52 is located in the Rules section of this ACTION: Notice of availability; opening
Federal Register for detailed of public comment period.
[R01–OAR–2005–ME–0001; A–1–FRL–7881–
instructions on how to submit
1] SUMMARY: The Environmental Protection
comments.
Agency (EPA, or ‘‘we’’) is announcing
Approval and Promulgation of Air FOR FURTHER INFORMATION CONTACT:
an inspection for the week of February
Quality Implementation Plans; Maine; Christine Sansevero, Air Quality 28, 2005, at the Idaho National
NOX Control Program Planning Unit, U.S. Environmental Engineering and Environmental
Protection Agency, EPA New England Laboratory (INEEL) Advanced Mixed
AGENCY: Environmental Protection
Regional Office, One Congress Street, Waste Treatment Project (AMWTP).
Agency (EPA).
Suite 1100 (CAQ), Boston, MA 02114– With this notice, we also announce
ACTION: Proposed rule. 2023, (617) 918–1699, availability of Department of Energy
SUMMARY: EPA is proposing to approve
sansevero.christine@epa.gov. (DOE) documents in the EPA Docket,
a State Implementation Plan (SIP) SUPPLEMENTARY INFORMATION: In the and solicit public comments on these
revision submitted by the State of Rules section of this Federal Register, documents for a period of 30 days. The
Maine. This revision establishes EPA is approving the state’s SIP following DOE documents, entitled
requirements to reduce emissions of submittal as a direct final rule without ‘‘INEEL Advanced Mixed Waste
nitrogen oxides (NOX) emissions from prior proposal because the Agency Treatment Project Certification Plan for

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11914 Federal Register / Vol. 70, No. 46 / Thursday, March 10, 2005 / Proposed Rules

Contact-Handled Transuranic Waste, docket locations in New Mexico: in viewing in EPA’s electronic public
MP–TRUW–8.1, Revision 7’’ and Carlsbad at the Municipal Library, docket as EPA receives them and
‘‘INEEL Advanced Mixed Waste Hours: Monday–Thursday, 10 a.m.–9 without change, unless the comment
Treatment Project Quality Assurance p.m., Friday–Saturday, 10 a.m.–6 p.m., contains copyrighted material, CBI, or
Project Plan, MP–TRUW–8.2, Revision and Sunday 1 p.m.–5 p.m.; in other information whose disclosure is
3,’’ are available for public review in the Albuquerque at the Government restricted by statute. When EPA
public dockets listed in the ADDRESSES Publications Department, Zimmerman identifies a comment containing
section. EPA will conduct an inspection Library, University of New Mexico, copyrighted material, EPA will provide
of waste characterization systems and Hours: vary by semester; and in Santa a reference to that material in the
processes at INEEL/AMWTP to verify Fe at the New Mexico State Library, version of the comment that is placed in
that the site can characterize transuranic Hours: Monday–Friday, 9 a.m.–5 p.m. EPA’s electronic public docket. The
waste in accordance with EPA’s WIPP As provided in EPA’s regulations at 40 entire printed comment, including the
Compliance Criteria. CFR Part 2, and in accordance with copyrighted material, will be available
DATES: EPA is requesting public normal EPA docket procedures, if in the public docket.
comment on the documents. Comments copies of any docket materials are Public comments submitted on
must be received by EPA’s official Air requested, a reasonable fee may be computer disks that are mailed or
Docket on or before April 11, 2005. charged for photocopying. delivered to the docket will be
2. Electronic Access. You may access transferred to EPA’s electronic public
ADDRESSES: Comments may be this Federal Register document docket. Public comments that are
submitted electronically, by mail, by electronically through the EPA Internet mailed or delivered to the Docket will
facsimile, or through hand delivery/ under the ‘‘Federal Register’’ listings at be scanned and placed in EPA’s
courier. Follow the detailed instructions http://www.epa.gov/fedrgstr/. electronic public docket. Where
as provided in Unit I.B of the An electronic version of the public practical, physical objects will be
SUPPLEMENTARY INFORMATION section. docket is available through EPA’s photographed, and the photograph will
FOR FURTHER INFORMATION CONTACT: Ms. electronic public docket and comment be placed in EPA’s electronic public
Rajani Joglekar, Office of Radiation and system, EPA Dockets. You may use EPA docket along with a brief description
Indoor Air, (202) 343–9462. You can Dockets at http://www.epa.gov/edocket/ written by the docket staff.
also call EPA’s toll-free WIPP to submit or view public comments, For additional information about
Information Line, 1–800–331–WIPP or access the index listing of the contents EPA’s electronic public docket visit EPA
visit our Web site at http://www.epa/ of the official public docket, and to Dockets online or see 67 FR 38102, May
gov/radiation/wipp. access those documents in the public 31, 2002.
SUPPLEMENTARY INFORMATION: docket that are available electronically.
B. How and To Whom Do I Submit
Once in the system, select ‘‘search,’’
I. General Information Comments?
then key in the appropriate docket
identification number. You may submit comments
A. How Can I Get Copies of This
Certain types of information will not electronically, by mail, by facsimile, or
Document and Other Related
be placed in the EPA Dockets. through hand delivery/courier. To
Information?
Information claimed as CBI and other ensure proper receipt by EPA, identify
1. Docket. EPA has established an information whose disclosure is the appropriate docket identification
official public docket for this action restricted by statute, which is not number in the subject line on the first
under Docket ID No. OAR–2005–0080. included in the official public docket, page of your comment. Please ensure
The official public docket consists of the will not be available for public viewing that your comments are submitted
documents specifically referenced in in EPA’s electronic public docket. EPA’s within the specified comment period.
this action, any public comments policy is that copyrighted material will Comments received after the close of the
received, and other information related not be placed in EPA’s electronic public comment period will be marked ‘‘late.’’
to this action. Although a part of the docket but will be available only in EPA is not required to consider these
official docket, the public docket does printed, paper form in the official public late comments. However, late comments
not include Confidential Business docket. To the extent feasible, publicly may be considered if time permits.
Information (CBI) or other information available docket materials will be made 1. Electronically. If you submit an
whose disclosure is restricted by statute. available in EPA’s electronic public electronic comment as prescribed
The official public docket is the docket. When a document is selected below, EPA recommends that you
collection of materials that is available from the index list in EPA Dockets, the include your name, mailing address,
for public viewing at the Air and system will identify whether the and an e-mail address or other contact
Radiation Docket in the EPA Docket document is available for viewing in information in the body of your
Center, (EPA/DC) EPA West, Room EPA’s electronic public docket. comment. Also include this contact
B102, 1301 Constitution Ave., NW., Although not all docket materials may information on the outside of any disk
Washington, DC. The EPA Docket be available electronically, you may still or CD ROM you submit, and in any
Center Public Reading Room is open access any of the publicly available cover letter accompanying the disk or
from 8:30 a.m. to 4:30 p.m., Monday docket materials through the docket CD ROM. This ensures that you can be
through Friday, excluding legal facility identified in Unit I.B. EPA identified as the submitter of the
holidays. The telephone number for the intends to work towards providing comment and allows EPA to contact you
Public Reading Room is (202) 566–1744, electronic access to all of the publicly in case EPA cannot read your comment
and the telephone number for the Air available docket materials through due to technical difficulties or needs
and Radiation Docket is (202) 566–1742. EPA’s electronic public docket. further information on the substance of
These documents are also available for For public commenters, it is your comment. EPA’s policy is that EPA
review in paper form at the official EPA important to note that EPA’s policy is will not edit your comment, and any
Air Docket in Washington, DC, Docket that public comments, whether identifying or contact information
No. A–98–49, Category II–A2, and at the submitted electronically or in paper, provided in the body of a comment will
following three EPA WIPP informational will be made available for public be included as part of the comment that

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Federal Register / Vol. 70, No. 46 / Thursday, March 10, 2005 / Proposed Rules 11915

is placed in the official public docket, C. What Should I Consider as I Prepare disposal at WIPP from any site other
and made available in EPA’s electronic My Comments for EPA? than LANL until the EPA has approved
public docket. If EPA cannot read your You may find the following the procedures developed to comply
comment due to technical difficulties suggestions helpful for preparing your with the waste characterization
and cannot contact you for clarification, comments: requirements of § 194.22(c)(4)
EPA may not be able to consider your 1. Explain your views as clearly as (Condition 3 of Appendix A to 40 CFR
comment. possible. Part 194). The EPA’s approval process
2. Describe any assumptions that you for waste generator sites is described in
i. EPA Dockets. Your use of EPA’s § 194.8. As part of EPA’s decision-
electronic public docket to submit used.
making process, the DOE is required to
comments to EPA electronically is 3. Provide any technical information
submit to EPA appropriate
EPA’s preferred method for receiving and/or data you used that support your
documentation of quality assurance and
comments. Go directly to EPA Dockets views.
waste characterization programs at each
at http://www.epa.gov/edocket, and 4. If you estimate potential burden or
DOE waste generator site seeking
follow the online instructions for costs, explain how you arrived at your
approval for shipment of TRU
estimate.
submitting comments. To access EPA’s radioactive waste to WIPP. In
5. Provide specific examples to
electronic public docket from the EPA accordance with § 194.8, EPA has
illustrate your concerns.
Internet Home Page, select ‘‘Information placed this documentation in the
6. Offer alternatives.
Sources,’’ ‘‘Dockets,’’ and ‘‘EPA official Air Docket in Washington, DC,
7. Make sure to submit your
Dockets.’’ Once in the system, select and informational dockets in the State
comments by the comment period
‘‘search,’’ and then key in Docket ID No. of New Mexico for public review and
deadline identified.
OAR–2005–0080. The system is an comment.
8. To ensure proper receipt by EPA, EPA will perform an inspection of the
‘‘anonymous access’’ system, which identify the appropriate docket Idaho National Engineering and
means EPA will not know your identity, identification number in the subject line Environmental Laboratory (INEEL)
e-mail address, or other contact on the first page of your response. It Advanced Mixed Waste Treatment
information unless you provide it in the would also be helpful if you provided Project (AMWTP)’s technical program
body of your comment. the name, date, and Federal Register for waste characterization in accordance
ii. E-mail. Comments may be sent by citation related to your comments. with Condition 3 of the WIPP
electronic mail (e-mail) to a-and-r- II. Background certification. We will evaluate the
docket@epa.gov, Attention Docket ID adequacy, implementation, and
DOE is developing the WIPP near effectiveness of technical processes
No. OAR–2005–0080. In contrast to
Carlsbad in southeastern New Mexico as related to the AMWTP’s TRU waste
EPA’s electronic public docket, EPA’s e- a deep geologic repository for disposal
mail system is not an ‘‘anonymous characterization and certification
of TRU radioactive waste. As defined by activities. The elements of 40 CFR 194.8
access’’ system. If you send an e-mail the WIPP Land Withdrawal Act (LWA)
comment directly to the Docket without waste characterization to be inspected
of 1992 (Pub. L. 102–579), as amended are: (1) Acceptable knowledge (AK),
going through EPA’s electronic public (Pub. L. 104–201), TRU waste consists
docket, EPA’s e-mail system nondestructive assay (NDA), and the
of materials containing elements having WIPP Waste Information System
automatically captures your e-mail atomic numbers greater than 92 (with (WWIS) for the purpose of confirming
address. E-mail addresses that are half-lives greater than twenty years), in processes used to characterize CH TRU
automatically captured by EPA’s e-mail concentrations greater than 100 debris (compressed) waste; and, (2) the
system are included as part of the nanocuries of alpha-emitting TRU WWIS for characterizing CH TRU solid
comment that is placed in the official isotopes per gram of waste. Much of the waste. The inspection is scheduled to
public docket, and made available in existing TRU waste consists of items take place the week of February 28,
EPA’s electronic public docket. contaminated during the production of 2005.
2. By Mail. Send your comments to: nuclear weapons, such as rags, EPA has placed DOE documents
EPA Docket Center (EPA/DC), Air and equipment, tools, and sludges. pertinent to the inspection in the public
Radiation Docket, Environmental On May 13, 1998, EPA announced its docket described in ADDRESSES. These
final compliance certification decision include: (1) INEEL Advanced Mixed
Protection Agency, EPA West, Mail
to the Secretary of Energy (published Waste Treatment Project Certification
Code 6102T, 1200 Pennsylvania
May 18, 1998, 63 FR 27354). This Plan for Contact-Handled Transuranic
Avenue, N.W., Washington, DC 20460. decision stated that the WIPP will Waste, MP–TRUW–8.1, Revision 7, and
Attention Docket ID No. OAR–2005– comply with EPA’s radioactive waste (2) INEEL Advanced Mixed Waste
0080. disposal regulations at 40 CFR Part 191, Treatment Project Quality Assurance
3. By Hand Delivery or Courier. Subparts B and C. Project Plan, MP–TRUW–8.2, Revision
Deliver your comments to: Air and The final WIPP certification decision 3. The documents have been placed in
Radiation Docket, EPA Docket Center, includes conditions that (1) prohibit Docket A–98–49, Category II–A2, and
(EPA/DC) EPA West, Room B102, 1301 shipment of TRU waste for disposal at can also be found online in EPA’s
Constitution Ave., NW., Washington, WIPP from any site other than the Los EDOCKET OAR–2005–0080. In
DC, Attention Docket ID No. OAR– Alamos National Laboratory (LANL) accordance with 40 CFR 194.8, as
2005–0080. Such deliveries are only until the EPA determines that the site amended by the final certification
accepted during the Docket’s normal has established and executed a quality decision, EPA is providing the public 30
hours of operation as identified in Unit assurance program, in accordance with days to comment on these documents.
I.A.1. §§ 194.22(a)(2)(i), 194.24(c)(3), and If EPA determines as a result of the
194.24(c)(5) for waste characterization inspection that the proposed processes
4. By Facsimile. Fax your comments activities and assumptions (Condition 2 and programs at INEEL/AMWTP
to: (202) 566–1741, Attention Docket ID. of Appendix A to 40 CFR Part 194); and adequately control the characterization
No. OAR–2005–0080. (2) prohibit shipment of TRU waste for of transuranic waste, we will notify DOE

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11916 Federal Register / Vol. 70, No. 46 / Thursday, March 10, 2005 / Proposed Rules

by letter and place the letter in the SUPPLEMENTARY INFORMATION: This is a ultimately take will leave the use of
official Air Docket in Washington, DC, summary of the Federal personal electronic devices (including
as well as in the informational docket Communications Commission’s Notice cellular and other wireless handsets)
locations in New Mexico. A letter of of Proposed Rulemaking (NPRM), FCC aboard aircraft subject to the rules and
approval will allow DOE to ship 04–288, in WT Docket No. 04–435, policies of the FAA and aircraft
transuranic waste characterized by the adopted December 15, 2004, and operators.
approved processes from INEEL/ released February 15, 2005. The full text 3. We believe that allowing the use of
AMWTP to the WIPP. The EPA will not of this document is available for public wireless handsets during flight has the
make a determination of compliance inspection and copying during regular potential to benefit homeland security,
prior to the inspection or before the 30- business hours at the FCC Reference business, and consumers by adding to
day comment period has closed. Information Center, 445 12th St., SW., future and existing air-ground
Information on the certification decision Room CY–A257, Washington, DC 20554. communications options, including
is filed in the official EPA Air Docket, The complete text may be purchased broadband applications. We thus
Docket No. A–93–02 and is available for from the Commission’s duplicating believe that the removal or modification
review in Washington, DC, and at three contractor: Best Copy & Printing, Inc., of the Commission’s cellular airborne
EPA WIPP informational docket 445 12th Street, SW., Room CY–B402, prohibition will benefit public safety
locations in New Mexico. The dockets Washington, DC 20554, telephone 800– and homeland security personnel in
in New Mexico contain only major 378–3160, facsimile 202–488–5563, or need of an air-to-ground
items from the official Air Docket in via e-mail at fcc@bcpiweb.com. The full communications link in case of an
Washington, DC, plus those documents text may also be downloaded at: emergency situation. It should also
added to the official Air Docket since http://www.fcc.gov. Alternative formats provide enhanced flexibility for service
the October 1992 enactment of the WIPP are available to persons with disabilities providers to meet the increasing
LWA. by contacting Brian Millin at (202) 418– demand for access to mobile telephone
7426 or TTY (202) 418–7365 or at and mobile data services and encourage
Dated: March 3, 2005. the deployment of innovative and
Brian.Millin@fcc.gov.
Robert Brenner, efficient communications technologies
Acting Assistant Administrator for Air and I. Synopsis of the Notice of Proposed and applications. Because of these
Radiation. Rulemaking potential benefits, we tentatively
[FR Doc. 05–4713 Filed 3–9–05; 8:45 am] 1. In this Notice of Proposed conclude that our current blanket
BILLING CODE 6560–50–P Rulemaking, we propose to replace or prohibition on airborne cellular use
relax our ban on airborne usage of 800 should be modified, and we seek
MHz cellular handsets as well as comment on ways to ensure that this
FEDERAL COMMUNICATIONS propose other steps to facilitate the use can be accomplished without creating
of wireless handsets and devices, the potential for harmful interference to
COMMISSION
including those used for broadband terrestrial cellular networks. We believe
47 CFR Part 22 applications, on airborne aircraft in that taking action that will lead to more
appropriate circumstances. opportunities for service and less
[WT Docket No. 04–435; FCC 04–288] 2. In 1991, the Commission adopted regulation for cellular licensees, yet
its prohibition on using 800 MHz which guards against harmful
Facilitating the Use of Cellular cellular phones while airborne. The rule interference to terrestrial wireless
Telephones and Other Wireless prevents the airborne use of cellular communications, serves the public
Devices Aboard Airborne Aircraft phones carried onboard by passengers interest.
or crew members, as well as use of 4. Accordingly, we believe that
AGENCY: Federal Communications
cellular equipment that might be section 22.925 of our rules should be
Commission.
installed permanently, on both private replaced with a more flexible policy,
ACTION: Proposed rule. and commercial aircraft. The ban was and we seek comment on whether the
adopted in order to guard against the proposals detailed below are
SUMMARY: In this document, the
threat of harmful interference from appropriate substitutes for the current
Commission proposes to replace or relax
airborne use of cellular phones to ban on airborne cellular use.
the ban on the airborne usage of 800
terrestrial cellular networks. While
MHz cellular handsets as well as A. Use of Wireless Handsets Controlled
Personal Communications Services
proposes other steps to facilitate the use by Onboard Pico Cells
(PCS) under part 24 and Wireless
of wireless handsets and devices, Communications Services (WCS) under 5. One promising technological
including those used for broadband part 27 are not subject to an airborne use approach that could support non-
applications, on airborne aircraft in prohibition by Commission rules, interfering airborne use of wireless
appropriate circumstances. These regulations promulgated by the Federal handsets is to control handset operation
actions should benefit consumers by Aviation Administration (FAA) prohibit through use of airborne ‘‘pico cells.’’ In
adding to future and existing air-ground the use of all types of mobile effect, an airborne pico cell is a low
communications options that will telephones, as well as other portable power cellular base station installed in
provide greater access for mobile voice electronic devices (PEDs), on aircraft, the aircraft for the purpose of
and broadband services while airborne. unless the aircraft operator has communicating with (and controlling
DATES: Comments are due on or before determined that the use of the PED the operations of) cellular handsets or
April 11, 2005, and reply comments are (including mobile/cellular telephones) other cellular devices brought on the
due May 9, 2005. will not interfere with the aircraft’s aircraft by passengers and crew. Thus, a
FOR FURTHER INFORMATION CONTACT: Guy aviation navigation and communication pico cell is analogous to an in-building
Benson, Mobility Division, Wireless systems. Thus, while our objective is to wireless system (like those used in large
Telecommunications Bureau, at 202– relax or remove the Commission’s buildings, malls, etc.) for use in the
418–2946 or via e-mail at prohibition on the airborne use of aircraft. The cellular signal travels from
Guy.Benson@fcc.gov. cellular telephones, any steps we the cellular handset to the pico cell,

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