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5932 Federal Register / Vol. 70, No.

23 / Friday, February 4, 2005 / Rules and Regulations

for subsurface soils (below two feet from separation of these two aquifers was There will be no additional opportunity
the surface). However, during the assured by blasting the well sleeve open to comment.
remedial action data showed that in at a point where there was an
List of Subjects in 40 CFR Part 300
areas where the Site soils were below impervious clay layer between the
the Benzo (a) Pyrene (B(a)P) clean-up upper and lower aquifers and then Environmental protection, Air
levels there were still high levels of pumping in grout material to seal the pollution control, Chemicals, Hazardous
pentachlorophenol (PCP) in the soil. To well. waste, Hazardous substances,
assure that the soil in these areas was Intergovernmental relations, Penalties,
Five-Year Review
treated, a non-significant change to the Reporting and recordkeeping
1995 ROD was issued by EPA on March EPA has completed two Five-Year requirements, Superfund, Water
5, 1999. This non-significant change Reviews for this Site. The first was pollution control, Water supply.
established a cleanup level of 5.0 ppm completed on September 30, 1994 and Dated: January 26, 2005.
PCP. In addition, another non- the second on September 30, 1999.
Richard J. Kampf,
significant change was the use of treated Since the clean-up was ongoing these
reviews were not required by statute, Acting Regional Administrator, Region III.
soils from the Site as backfill below the
water table. These treated soils were but were conducted as a matter of ■ For the reasons set out in the preamble,
required to meet a clean-up level of 1.7 policy. 40 CFR part 300 is amended as follows:
ppm PCP. This change from the 1995 Five-Year Reviews are required at
ROD was announced during the public sites where the remedial action results PART 300—[AMENDED]
meeting on November 7, 1996 and in hazardous substances, pollutants or
contaminants remain at the site above ■ 1. The authority citation for part 300
documented in the ‘‘Site Specific Work
levels that allow for unrestricted use continues to read as follows:
Plan,’’ dated July 1997.
and unrestricted exposure. The response Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
Post Closure Monitoring actions conducted at the Southern 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
A Post Closure Monitoring Plan, dated Maryland Wood Treating Site are now 1991 Comp., p. 351; E.O. 12580, 52 FR 2923,
November 2000, was prepared to verify complete, and allow for unlimited use 3 CFR, 1987 Comp., p. 193.
the success of the cleanup. The plan and unrestricted exposure, thus no Appendix B—[Amended]
required sampling a network of additional Five-Year Reviews will be
monitoring wells throughout the Site conducted for this Site. ■ 2. Table 1 of Appendix B to Part 300
including one well at the center of the is amended under Maryland (‘‘MD’’) by
former lagoon area. In addition the plan Community Involvement removing the site name ‘‘Southern
required the evaluation of the restored Public participation activities have Maryland Wood Treating, Hollywood.’’
uplands and wetlands areas that had been satisfied as required in CERCLA [FR Doc. 05–2058 Filed 2–3–05; 8:45 am]
undergone excavation, backfilling, and section 113(k), 42 U.S.C. 9613(k), and BILLING CODE 6560–50–P
re-vegetation. The monitoring wells CERCLA section 117, 42 U.S.C. 9617.
were sampled quarterly from October Documents in the Site docket which
2000 to September 2002. Samples were EPA relied on for recommendation of
analyzed for target compounds such as the deletion of the Site from the NPL are GENERAL SERVICES
semi-volatiles, polynuclear aromatic available to the public in the ADMINISTRATION
hydrocarbons (PAH), and information repositories. 41 CFR Chapter 301
pentachlorophenol (PCP). All the
V. Deletion Action
sampling results showed that levels for [FTR Amendment 2005–01; FTR Case 2005–
these contaminants were well below EPA, with the concurrence of the 301]
their respective Maximum Contaminant State of Maryland, has determined that
RIN 3090–AI03
Levels (MCLs) established under the all appropriate responses under
Safe Drinking Water Act, 42 U.S.C. 300f CERCLA have been completed at the Federal Travel Regulation; Privately
et seq. Formal inspections of the Site, and that no further response Owned Vehicle Mileage
wetland and upland areas were actions are necessary. Therefore, EPA is Reimbursement
conducted concurrently with the deleting the Site from the NPL.
monitoring well sampling effort. These Because EPA considers this action to AGENCY: Office Governmentwide Policy,
areas showed no signs of erosion. All be noncontroversial and routine, EPA is GSA.
disturbed wetland areas have stabilized. taking it without prior publication of a ACTION: Final rule.
The disturbed uplands areas are notice of intent to delete. This action
currently stabilized with grass, and the will be effective April 5, 2005, unless SUMMARY: This final rule amends the
overall upland area is showing 95 EPA receives adverse comments by mileage reimbursement rate for use of a
percent total herbaceous coverage. After March 7, 2005, on this notice or the privately owned vehicle on official
completion of sampling in September parallel notice of intent to delete travel to reflect current costs of
2002 all monitoring wells and the 600- published in the ‘‘Proposed Rules’’ operation as determined in cost studies
foot deep production well were section of today’s Federal Register. If conducted by the General Services
subsequently closed out in accordance adverse comments are received within Administration (GSA). The governing
with MDE regulations for well the 30-day public comment period, EPA regulation is revised to increase the
abandonment. The production well will publish a timely withdrawal of this mileage allowance for advantageous use
required special close-out procedures direct final notice of deletion before the of a privately owned airplane from
involving blasting. The concern for this effective date of the deletion and it will $0.995 to $1.07 per mile, the cost of
very deep well was that ground water not take effect and EPA will also operating a privately owned automobile
from the upper non-potable aquifer prepare a response to comments and from $0.375 to $0.405 per mile, and the
could migrate down to the lower potable continue with the deletion process on cost of operating a privately owned
aquifer along possible voids on the the basis of the notice of intent to delete motorcycle from $0.285 to $0.305 per
outside of the well sleeve. Complete and the comments already received. mile.

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Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations 5933

DATES: Effective Date: The provisions of review under Section 6(b) of Executive The following attachment will not
this final rule are effective February 4, Order 12866, Regulatory Planning and appear in the Code of Federal
2005, and applies to travel performed on Review, dated September 30, 1993. This Regulations.
or after that date. rule is not a major rule under 5 U.S.C.
Attachment to Preamble—Report To
FOR FURTHER INFORMATION CONTACT: The 804.
Congress On The Costs Of Operating
Regulatory Secretariat (VIR), Room C. Regulatory Flexibility Act Privately Owned Vehicles
4035, GS Building, Washington, DC,
20405, (202) 208–7312, for information This final rule is not required to be 5 U.S.C. 5707(b)(1)(A) requires that the
Administrator of General Services, in
pertaining to status or publication published in the Federal Register for
consultation with the Secretary of Defense,
schedules. For clarification of content, notice and comment; therefore, the the Secretary of Transportation, and
contact Devoanna R. Reels, Program Regulatory Flexibility Act, 5 U.S.C. 601, representatives of Government employee
Analyst, Office of Governmentwide et seq., does not apply. organizations, conduct periodic
Policy, Travel Management Policy, at investigations of the cost of travel and
D. Paperwork Reduction Act operation of privately owned vehicles (POVs)
(202) 501–3781. Please cite FTR case
2005–301, FTR Amendment 2005–01. The Paperwork Reduction Act does (airplanes, automobiles, and motorcycles) to
Government employees while on official
SUPPLEMENTARY INFORMATION: not apply because the changes to the travel, and report the results to the Congress
FTR do not impose recordkeeping or at least once a year. 5 U.S.C. 5707(b)(2)(B)
A. Background
information collection requirements, or further requires that the Administrator of
Pursuant to 5 U.S.C. 5707(b), the the collection of information from General Services determine the average,
Administrator of General Services has offerors, contractors, or members of the actual cost per mile for the use of each type
the responsibility to establish the public that require the approval of the of POV based on the results of the cost
privately owned vehicle (POV) mileage Office of Management and Budget under investigation. Such figures must be reported
reimbursement rates. Separate rates are 44 U.S.C. 3501, et seq. to the Congress within 5 working days after
the cost determination has been made in
set for airplanes, automobiles (including
E. Small Business Regulatory accordance with 5 U.S.C. 5707(b)(2)(C).
trucks), and motorcycles. In order to set Pursuant to the requirements of 5 U.S.C.
these rates, GSA is required to conduct Enforcement Fairness Act
5707(b)(1)(A), the General Services
periodic investigations, in consultation This final rule is also exempt from Administration (GSA), in consultation with
with the Secretaries of Defense and congressional review prescribed under 5 the Secretary of Defense, the Secretary of
Transportation, and representatives of U.S.C. 801 since it relates solely to Transportation, and representatives of
Government employee organizations, of Government employee organizations,
agency management and personnel. conducted an investigation of the cost of
the cost of travel and the operation of
POVs to employees while engaged on List of Subjects in 41 CFR Part 301–10 operating a privately owned automobile
(POA). As provided in 5 U.S.C. 5704(a)(1),
official business. As required, GSA the automobile reimbursement rate cannot
Government employees, Travel and
conducted an investigation of the costs exceed the single standard mileage rate
transportation expenses.
of operating a POV and is reporting the established by the Internal Revenue Service
cost per mile determination. The results Dated: January 25, 2005. (IRS). The IRS has announced a new single
of the investigation have been reported Stephen A. Perry, standard mileage rate for POAs of $0.405
to Congress and a copy of the report Administrator of General Services. effective January 1, 2005.
appears as an attachment to this As required, GSA is reporting the results of
document. GSA’s cost studies show the ■ For the reasons set forth in the the investigation and the cost per mile
Administrator of General Services has preamble, under 5 U.S.C. 5701–5709, determination. Based on cost studies
GSA amends 41 CFR part 301–10 as set conducted by GSA, I have determined the
determined the per-mile operating costs per-mile operating costs of a POV to be $1.07
of a POV to be $1.07 for airplanes, forth below:
for airplanes, $0.405 for POAs, and $0.305 for
$0.405 for automobiles, and $0.305 for PART 301–10—TRANSPORTATION motorcycles.
motorcycles. As provided in 5 U.S.C. EXPENSES I will issue a regulation to increase the
5704(a)(1), the automobile current $0.995 to $1.07 for privately owned
reimbursement rate cannot exceed the ■ 1. The authority citation for 41 CFR airplanes, $0.375 to $0.405 for POAs, and
single standard mileage rate established $0.285 to $0.305 for privately owned
part 301–10 is revised to read as follows: motorcycles. This report to Congress on the
by the Internal Revenue Service (IRS).
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); cost of operating POVs will be published in
The IRS has announced a new single
49 U.S.C. 40118. the Federal Register.
standard mileage rate for automobiles of
■ 2. In section 301–10.303 revise the last
[FR Doc. 05–2124 Filed 2–3–05; 8:45 am]
$0.405 per mile effective January 1,
three entries in the table to read as BILLING CODE 6820–14–S
2005. Additionally, based on updated
data for the two-tiered reimbursement follows:
rates reflecting costs to an agency of
§ 301–10.303 What am I reimbursed when DEPARTMENT OF HOMELAND
operating a Government-furnished
use of a POV is determined by my agency SECURITY
vehicle (GFV), the current to be advantageous to the Government?
reimbursement rate of $0.270 per mile
increased to $0.285 per mile (when a Federal Emergency Management
For use of a Your reimbursement is Agency
GFV is available to an employee). The
current reimbursement rate of $0.105 * * * * * ............... * * * * *
per mile (when a GFV is assigned Privately owned 44 CFR Part 65
airplane ............. 1 $1.07
directly to an employee) will remain the Changes in Flood Elevation
same. Privately owned
automobile ......... 1 $0.405 Determinations
B. Executive Order 12866 Privately owned
AGENCY:Federal Emergency
motorcycle ......... 1 $0.305
This is not a significant regulatory Management Agency (FEMA),
action and, therefore, was not subject to 1 Per mile. Emergency Preparedness and Response

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