Procedures and Policies Amendment, 49193-49194 [05-16712]
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49193
Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Rules and Regulations
TABLE 1.—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility
Address
Waste description
If any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion
of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company’s RCRA and CERCLA obligations premised upon the company’s reliance on the void exclusion.
(6) Reopener:
(A) If, anytime after disposal of the delisted waste, Shell Oil Company possesses or is otherwise
made aware of any environmental data (including but not limited to leachate data or groundwater
monitoring data) or any other data relevant to the delisted waste indicating that any constituent
identified for the delisting verification testing is at a level higher than the delisting level allowed by
the Division Director in granting the petition, then the facility must report the data, in writing, to the
Division Director within 10 days of first possessing or being made aware of that data.
(B) If the annual testing of the waste does not meet the delisting requirements in paragraph 1, Shell
Oil Company must report the data, in writing, to the Division Director within 10 days of first possessing or being made aware of that data.
(C) If Shell Oil Company fails to submit the information described in paragraphs (5),(6)(A) or (6)(B) or
if any other information is received from any source, the Division Director will make a preliminary
determination as to whether the reported information requires EPA action to protect human health
and/or the environment. Further action may include suspending, or revoking the exclusion, or other
appropriate response necessary to protect human health and the environment.
(D) If the Division Director determines that the reported information does require action, he will notify
the facility in writing of the actions the Division Director believes are necessary to protect human
health and the environment. The notice shall include a statement of the proposed action and a
statement providing the facility with an opportunity to present information as to why the proposed
action by EPA is not necessary. The facility shall have 10 days from the date of the Division Director’s notice to present such information.
(E) Following the receipt of information from the facility described in paragraph (6)(D) or if no information is presented under paragraph (6)(D), the Division Director will issue a final written determination describing the actions that are necessary to protect human health and/or the environment. Any required action described in the Division Director’s determination shall become effective
immediately, unless the Division Director provides otherwise.
(7) Notification Requirements: Shell Oil Company must do the following before transporting the
delisted waste. Failure to provide this notification will result in a violation of the delisting petition
and a possible revocation of the decision.
(A) Provide a one-time written notification to any state regulatory agency to which or through which it
will transport the delisted waste described above for disposal, 60 days before beginning such activities.
(B) Update the one-time written notification if it ships the delisted waste into a different disposal facility.
(C) Failure to provide this notification will result in a violation of the delisting exclusion and a possible
revocation of the decision.
*
*
*
*
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Effective September 1, 2005.
[FR Doc. 05–16688 Filed 8–22–05; 8:45 am]
DATES:
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT:
COMMISSION OF FINE ARTS
45 CFR Part 2102
Procedures and Policies Amendment
The Commission of Fine Arts.
Final rule.
AGENCY:
ACTION:
SUMMARY: This document amends the
procedures and policies governing the
administration of the U.S. Commission
of Fine Arts. This document serves to
establish a Consent Calendar and to
clarify the functions and requirements
of a Consent Calendar and Appendices
for the review of projects submitted to
the Commission in order to address
more efficiently the needs of the Federal
government and the public.
VerDate jul<14>2003
16:13 Aug 22, 2005
Jkt 205001
Thomas Luebke, Secretary, (202) 504–
2200.
SUPPLEMENTARY INFORMATION: As
established by Congress in 1910, the
Commission of Fine Arts is a small
independent advisory body made up of
seven Presidentially appointed ‘‘well
qualified judges of the arts’’ whose
primary role is architectural review of
designs for buildings, parks, monuments
and memorials erected by the Federal or
District of Columbia governments in
Washington, DC. In addition to
architectural review, the Commission
considers and advises on the designs for
coins, medals and U.S. memorials on
foreign soil. The Commission also
advises the District of Columbia
government on private building projects
within the Georgetown Historic District,
the Rock Creek Park perimeter and the
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Fmt 4700
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*
*
Monumental Core area. The
Commission advises Congress, the
President, Federal agencies, and the
District of Columbia government on the
general subjects of design, historic
preservation and on orderly planning on
matters within its jurisdiction.
The regulations amended with this
rule were last published in the Federal
Register on January 31, 1997 (45 CFR
Parts 2101, 2102, 2103). Specific items
this document amends include
providing the current address and
telephone number of the agency, and
clarifying a series of procedural
functions. Therefore, as these changes
clarify established and new procedures,
and are minor in nature, the
Commission determines that notice and
comment are unnecessary and that, in
accordance with 5 U.S.C. 553(b)(B),
good cause to waive notice and
comment is established.
E:\FR\FM\23AUR1.SGM
23AUR1
49194
Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Rules and Regulations
List of Subjects in 45 CFR Part 2102
Administrative practice and
procedure, Sunshine Act.
This document was prepared under
the direction of Thomas Luebke,
Secretary. U.S. Commission of Fine
Arts, 401 F Street, NW., Suite 312,
Washington, DC 20001.
I Accordingly, for the reasons set forth
above, Part 2102 is amended as set forth
below.
I For the reasons stated in the preamble,
the Commission of Fine Arts hereby
amends 45 CFR 2102, Subpart B—
Procedures on Submission of Plans or
Designs, with the addition of the
following sections to read:
PART 2102—MEETINGS AND
PROCEDURES OF THE COMMISSION
1. The authority citation for part 2102
is revised to read as follows:
I
Authority: 5 U.S.C., App. 1.
2. Add § 2102.13 to Part 2102, Subpart
B—Procedures on Submission of Plans
or Designs, to read as follows:
I
§ 2102.13 Project eligibility criteria for
placement on a Consent Calendar.
With respect to submissions to the
Commission for projects that meet the
following criteria, the Secretary, at his/
her discretion and in coordination with
the Commission’s staff, may place these
projects on a Consent Calendar
according to § 2102.14.
(a) Additions to buildings of less than
25 percent (%) of the original structure
and no more than 25,000 sq. ft.;
(b) New construction of less than
25,000 sq. ft.;
(c) Window replacement projects;
(d) Cellular or other communications
antenna installations or replacements;
(e) New or replacement signs;
(f) Cleaning, routine maintenance,
repairs or replacement-in-kind of
exterior finish materials;
(g) Temporary utility or construction
structures;
(h) And does not include new
physical perimeter security items.
I 3. Add § 2102.14 to Part 2102, Subpart
B—Procedures on Submission of Plans
or Designs, to read as follows:
§ 2102.14 Consent Calendar and
Appendices procedures.
(a) The Commission shall review
applications scheduled on its Meeting
Agenda, Consent Calendar, or
Appendices (Old Georgetown Act and
Shipstead-Luce Act). Cases on the
Meeting Agenda will be heard by the
Commission in open session. Cases on
the Consent Calendar or Appendices
will be acted upon based on submitted
VerDate jul<14>2003
16:13 Aug 22, 2005
Jkt 205001
materials and staff recommendations
without further public comment.
(b) The Commission shall release the
proposed Meeting Agenda, and the
Consent Calendar and Appendices with
staff recommendation to the public not
later than five (5) calendar days before
the meeting.
(c) The scheduling of cases on the
Meeting Agenda, Consent Calendar, and
Appendices shall be at the sole
discretion of the Commission and staff,
and nothing shall preclude the
Commission from amending or changing
the scheduling at a public meeting.
(d) The staff shall prepare a written
recommendation for each case on the
Consent Calendar or Appendices the
Commission will review.
(e) The Commission shall conduct
public review of cases in accordance
with a proposed Agenda released to the
public before the Commission meeting.
The Commission shall dispose of other
cases by adoption of a Consent Calendar
and Appendices, as appropriate. The
Commission may amend the Meeting
Agenda, Consent Calendar and
Appendices at the public meeting as it
may deem appropriate.
(f) An application may be placed on
the Consent Calendar if the applicant
and staff agree that the proposed work
has no known objection by an affected
government agency, neighborhood
organization, historic preservation
organization, or affected person. Any
relevant terms or modifications agreed
upon by the applicant and staff may be
included as conditions of the approval.
(g) At the request of any Commission
member, the Chairperson may remove
any case from the Consent Calendar and
place it on the Meeting Agenda for
individual consideration by the
Commission at the meeting. A request
from any other group or person to
remove a case from the Consent
Calendar should be made to the staff in
advance of the meeting and shall be
considered as a preliminary matter at
the meeting.
(h) The Chairperson may also remove
any case from a duly noticed Meeting
Agenda and place it on the Consent
Calendar, provided there is no objection
from the applicant, any Commission
member, or any affected group or person
present and wishing to comment on the
case.
(i) The Commission may approve the
Consent Calendar and Appendices on a
voice vote.
Dated: August 18, 2005.
Thomas Luebke,
Secretary, U.S. Commission of Fine Arts.
[FR Doc. 05–16712 Filed 8–22–05; 8:45 am]
BILLING CODE 6330–01–P
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018–AT87
Migratory Bird Hunting; Approval of
Iron-Tungsten-Nickel Shot as Nontoxic
for Hunting Waterfowl and Coots
Fish and Wildlife Service,
Interior.
ACTION: Final rule; availability of Final
Environmental Assessment and Finding
of No Significant Impact.
AGENCY:
SUMMARY: The U.S. Fish and Wildlife
Service (we, us, or USFWS) approves
shot formulated of 62 percent iron, 25
percent tungsten, and 13 percent nickel
as nontoxic for waterfowl and coot
hunting in the United States. We
assessed possible toxicity effects of the
Iron-Tungsten-Nickel (ITN) shot, and
determined that it is not a threat to
wildlife or their habitats, and that
further testing of ITN shot is not
necessary. We have prepared a Final
Environmental Assessment and a
Finding of No Significant Impact in
support of this decision.
This rule also corrects an error and
adds clarity to the list of currently
approved nontoxic shot types.
DATES: This rule takes effect on
September 22, 2005.
ADDRESSES: The Final Environmental
Assessment for approval of ITN shot
and the associated Finding of No
Significant Impact are available from the
Division of Migratory Bird Management,
U.S. Fish and Wildlife Service, 4501
North Fairfax Drive, Room 4091,
Arlington, Virginia 22203–1610. You
may call 703–358–1825 to request
copies.
The complete file for this rule is
available, by appointment, during
normal business hours at the same
address. You may call 703–358–1825 to
make an appointment to view the files.
FOR FURTHER INFORMATION CONTACT: Dr.
George T. Allen, Division of Migratory
Bird Management, 703–358–1714.
SUPPLEMENTARY INFORMATION:
Background
The Migratory Bird Treaty Act of 1918
(Act) (16 U.S.C. 703–711) and the Fish
and Wildlife Improvement Act of 1978
(16 U.S.C. 712) implement migratory
bird treaties between the United States
and Great Britain for Canada (1916 and
1996 as amended), Mexico (1936 and
1972 as amended), Japan (1972 and
1974 as amended), and Russia (then the
Soviet Union, 1978). These treaties
E:\FR\FM\23AUR1.SGM
23AUR1
]]>Agencies
[Federal Register Volume 70, Number 162 (Tuesday, August 23, 2005)]
[Rules and Regulations]
[Pages 49193-49194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16712]
=======================================================================
-----------------------------------------------------------------------
COMMISSION OF FINE ARTS
45 CFR Part 2102
Procedures and Policies Amendment
AGENCY: The Commission of Fine Arts.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the procedures and policies governing the
administration of the U.S. Commission of Fine Arts. This document
serves to establish a Consent Calendar and to clarify the functions and
requirements of a Consent Calendar and Appendices for the review of
projects submitted to the Commission in order to address more
efficiently the needs of the Federal government and the public.
DATES: Effective September 1, 2005.
FOR FURTHER INFORMATION CONTACT: Thomas Luebke, Secretary, (202) 504-
2200.
SUPPLEMENTARY INFORMATION: As established by Congress in 1910, the
Commission of Fine Arts is a small independent advisory body made up of
seven Presidentially appointed ``well qualified judges of the arts''
whose primary role is architectural review of designs for buildings,
parks, monuments and memorials erected by the Federal or District of
Columbia governments in Washington, DC. In addition to architectural
review, the Commission considers and advises on the designs for coins,
medals and U.S. memorials on foreign soil. The Commission also advises
the District of Columbia government on private building projects within
the Georgetown Historic District, the Rock Creek Park perimeter and the
Monumental Core area. The Commission advises Congress, the President,
Federal agencies, and the District of Columbia government on the
general subjects of design, historic preservation and on orderly
planning on matters within its jurisdiction.
The regulations amended with this rule were last published in the
Federal Register on January 31, 1997 (45 CFR Parts 2101, 2102, 2103).
Specific items this document amends include providing the current
address and telephone number of the agency, and clarifying a series of
procedural functions. Therefore, as these changes clarify established
and new procedures, and are minor in nature, the Commission determines
that notice and comment are unnecessary and that, in accordance with 5
U.S.C. 553(b)(B), good cause to waive notice and comment is
established.
[[Page 49194]]
List of Subjects in 45 CFR Part 2102
Administrative practice and procedure, Sunshine Act.
This document was prepared under the direction of Thomas Luebke,
Secretary. U.S. Commission of Fine Arts, 401 F Street, NW., Suite 312,
Washington, DC 20001.
0
Accordingly, for the reasons set forth above, Part 2102 is amended as
set forth below.
0
For the reasons stated in the preamble, the Commission of Fine Arts
hereby amends 45 CFR 2102, Subpart B--Procedures on Submission of Plans
or Designs, with the addition of the following sections to read:
PART 2102--MEETINGS AND PROCEDURES OF THE COMMISSION
0
1. The authority citation for part 2102 is revised to read as follows:
Authority: 5 U.S.C., App. 1.
0
2. Add Sec. 2102.13 to Part 2102, Subpart B--Procedures on Submission
of Plans or Designs, to read as follows:
Sec. 2102.13 Project eligibility criteria for placement on a Consent
Calendar.
With respect to submissions to the Commission for projects that
meet the following criteria, the Secretary, at his/her discretion and
in coordination with the Commission's staff, may place these projects
on a Consent Calendar according to Sec. 2102.14.
(a) Additions to buildings of less than 25 percent (%) of the
original structure and no more than 25,000 sq. ft.;
(b) New construction of less than 25,000 sq. ft.;
(c) Window replacement projects;
(d) Cellular or other communications antenna installations or
replacements;
(e) New or replacement signs;
(f) Cleaning, routine maintenance, repairs or replacement-in-kind
of exterior finish materials;
(g) Temporary utility or construction structures;
(h) And does not include new physical perimeter security items.
0
3. Add Sec. 2102.14 to Part 2102, Subpart B--Procedures on Submission
of Plans or Designs, to read as follows:
Sec. 2102.14 Consent Calendar and Appendices procedures.
(a) The Commission shall review applications scheduled on its
Meeting Agenda, Consent Calendar, or Appendices (Old Georgetown Act and
Shipstead-Luce Act). Cases on the Meeting Agenda will be heard by the
Commission in open session. Cases on the Consent Calendar or Appendices
will be acted upon based on submitted materials and staff
recommendations without further public comment.
(b) The Commission shall release the proposed Meeting Agenda, and
the Consent Calendar and Appendices with staff recommendation to the
public not later than five (5) calendar days before the meeting.
(c) The scheduling of cases on the Meeting Agenda, Consent
Calendar, and Appendices shall be at the sole discretion of the
Commission and staff, and nothing shall preclude the Commission from
amending or changing the scheduling at a public meeting.
(d) The staff shall prepare a written recommendation for each case
on the Consent Calendar or Appendices the Commission will review.
(e) The Commission shall conduct public review of cases in
accordance with a proposed Agenda released to the public before the
Commission meeting. The Commission shall dispose of other cases by
adoption of a Consent Calendar and Appendices, as appropriate. The
Commission may amend the Meeting Agenda, Consent Calendar and
Appendices at the public meeting as it may deem appropriate.
(f) An application may be placed on the Consent Calendar if the
applicant and staff agree that the proposed work has no known objection
by an affected government agency, neighborhood organization, historic
preservation organization, or affected person. Any relevant terms or
modifications agreed upon by the applicant and staff may be included as
conditions of the approval.
(g) At the request of any Commission member, the Chairperson may
remove any case from the Consent Calendar and place it on the Meeting
Agenda for individual consideration by the Commission at the meeting. A
request from any other group or person to remove a case from the
Consent Calendar should be made to the staff in advance of the meeting
and shall be considered as a preliminary matter at the meeting.
(h) The Chairperson may also remove any case from a duly noticed
Meeting Agenda and place it on the Consent Calendar, provided there is
no objection from the applicant, any Commission member, or any affected
group or person present and wishing to comment on the case.
(i) The Commission may approve the Consent Calendar and Appendices
on a voice vote.
Dated: August 18, 2005.
Thomas Luebke,
Secretary, U.S. Commission of Fine Arts.
[FR Doc. 05-16712 Filed 8-22-05; 8:45 am]
BILLING CODE 6330-01-P
