Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Notices 31315

conflict with mandatory labeling

statements; thus, they are to be avoided.

EPA realizes that the use of descriptive

terms for advisory statements is not

appropriate for every situation and that

there are times where it may be

necessary to use ‘‘should,’’ ‘‘may,’’

‘‘recommend,’’ or similar words.

However, in most cases it is best to craft

advisory labeling statements in

straightforward, descriptive language.

The PR Notice was developed from a

draft document by the same title that

was released for public comment on

June 2, 1999 (64 FR 29641) (FRL–6079–

4). The Agency received comments from

various organizations. Each of the

commenters offered recommendations

for improving the document. All

comments were extensively evaluated

and considered by the Agency. This

revised version embodies some of the

recommendations of the commenters. A

summary of the public comments, as

well as the Agency’s response to the

comments, is being made available as

described in Units I.B.1. and I.B.2.

IV. Why is a PR Notice Guidance and

Not a Rule?

The PR Notice discussed in this

notice is intended to provide guidance

to EPA personnel and decision-makers,

and to the public. As a guidance

document and not a rule, this policy is

not binding on either EPA or any

outside parties. Although this guidance

document provides a starting point for

EPA decisions, EPA will depart from

this policy where the facts or

circumstances warrant. In such cases,

EPA will explain why a different course

was taken. Similarly, outside parties

remain free to assert that this policy is

not appropriate for a specific pesticide

or that the specific circumstances

demonstrate that this policy should be

abandoned.

List of Subjects

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests.

Dated: May 10, 2000.

Marcia E. Mulkey,

Director, Office of Pesticide Programs.

[FR Doc. 00–12379 Filed 5–16–00; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6606–7]

North Penn Area 1 Superfund Site;

Notice of Proposed Administrative

Cost Recovery Settlement Pursuant to

the Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980, as Amended

AGENCY: Environmental Protection

Agency.

ACTION: Notice, request for public

comment.

SUMMARY: In accordance with Section

122(i) of the Comprehensive

Environmental Response,

Compensation, and Liability Act, as

amended (‘‘CERCLA’’), notice is hereby

given of a proposed administrative cost

recovery settlement under Section

122(h)(1) of CERCLA concerning the

North Penn Area 1 Superfund Site,

Montgomery County, Pennsylvania,

which was signed by the EPA Acting

Regional Administrator, Region III, and

the Assistant Attorney General for the

Department of Justice, Environment and

Natural Resources Division. The

proposed settlement is intended to

resolve an EPA claim under Section

107(a) of CERCLA against the Estate of

Harry Maurer. The settlement requires

the settling party to pay $20,000 to the

Hazardous Substance Superfund.

For thirty (30) days following the date

of publication of this notice, the Agency

will receive written comments relating

to the settlement. The Agency and the

United States Department of Justice will

consider all comments received and

may modify or withdraw their consent

to the settlement if comments received

disclose facts or considerations which

indicate that the settlement is

inappropriate, improper, or inadequate.

The Agency’s response to any comments

received will be available for public

inspection at the U.S. Environmental

Protection Agency, Region III, 1650

Arch Street, Philadelphia, PA 19103.

The agreement has been approved by

the Attorney General, United States

Department of Justice, or her designee.

DATES: Comments must be submitted on

or before June 16, 2000.

ADDRESSES: The proposed settlement

and additional background information

relating to the settlement are available

for public inspection at the U.S.

Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, PA 19103. A copy of the

proposed settlement may be obtained

from Suzanne Canning, Regional Docket

Clerk (3RC00), U.S. Environmental

Protection Agency, Region III, 1650

Arch Street, Philadelphia, PA 19103,

(215) 814–2476. Comments should

reference the North Penn Area 1

Superfund Site and EPA Docket No. III–

99–008–DC and should be forwarded to

Ms. Canning at the above address.

FOR FURTHER INFORMATION CONTACT:

Thomas A. Cinti, Senior Assistant

Regional Counsel, U.S. Environmental

Protection Agency, 1650 Arch Street,

Philadelphia, PA 19103; (215) 814–

2634.

Dated: May 3, 2000.

Bradley M. Campbell,

Regional Administrator, U.S. Environmental

Protection Agency, Region III.

[FR Doc. 00–12391 Filed 5–16–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6701–7]

Proposed Administrative Cashout

Deminimis Settlement Under Section

122(g) of the Comprehensive

Environmental Response

Compensation and Liability Act; in the

Matter of Tri-County/Elgin Landfill Site,

Kane County, Illinois

AGENCY: Environmental Protection

Agency.

ACTION: Notice; request for public

comment.

SUMMARY: In accordance with Section

122(i) of the Comprehensive

Environmental Response,

Compensation, and Liability Act, as

amended (‘‘CERCLA’’), 42 U.S.C.

9622(i), notice is hereby given of a

proposed administrative settlement for

recovery of past and projected future

response costs concerning the TriCounty/Elgin Landfill site in Kane

County, Illinois, with the Precision

Diamond Tool Company. The settlement

requires Precision Diamond Tool

Company to pay $20,000.00 to the

Hazardous Substance Superfund.

On October 13, 1998, EPA sent out

deminimis settlement offers to 386

deminimis generators and transporters

(the ‘‘deminimis offerees’’). The

Administrative Order on Consent

accompanying that deminimis offer was

designated as EPA Docket No. V–W–99–

C–507. Attached to the Administrative

Order on Consent in EPA Docket No. V–

W–99–C–507 is a volumetric ranking, in

the form of a spread sheet, listing the

deminimis offerees, the volume of waste

containing hazardous substances

contributed to the Site by each

deminimis offeree, and the deminimis

31316 Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Notices

settlement payment amount for each

deminimis offeree (the ‘‘Volumetric

Ranking’’). The Volumetric Ranking is

identified as Appendix A to the

Administrative Order on Consent in

EPA Docket No. V–W–99–C–507. The

documented amount of hazardous

substances contributed to the Site by

each Respondent listed in Appendix A

to the Administrative Order on Consent

in EPA Docket No. V–W–99–C–507 does

not exceed 0.5% of the ‘‘Adjusted

Documented Volume’’ (as defined in

Appendix B to the Administrative Order

on Consent in EPA Docket No. V–W–

99–C–507) of hazardous substances at

the Site, and the hazardous substances

contributed by each Respondent to the

Site are not significantly more toxic or

of significantly greater hazardous effect

than other hazardous substances at the

Site.

Out of the 386 deminimis offerees that

were extended offers as part of EPA

Docket No. V–W–99–C–507, 125

executed signature pages, certifying

their commitment to participate in that

deminimis settlement. Public comment

on the terms of the deminimis

settlement was conducted from April

23, 1999, through May 24, 1999. Notice

that the deminimis settlement was final

and effective was mailed to all settling

parties on June 11, 1999.

Precision Diamond Tool Company

inadvertently was not included in

Appendix A to the Administrative

Order on Consent in EPA Docket No. V–

W–99–C–507 and did not participate in

that settlement. Precision Diamond Tool

does, however, have a documented

volume. For purposes of this deminimis

settlement, Precision Diamond Tool’s

documented volume was calculated in

the same way the volume was

calculated for each deminimis generator

listed in Appendix A to the

Administrative Order on Consent in

EPA Docket No. V–W–99–C–507.

Precision Diamond Tool’s documented

volume is 862 cubic yards, thus making

it eligible for a deminimis settlement

offer. In Appendix A to the

Administrative Order on Consent in

EPA Docket No. V–W–99–C–507, Robin

Construction is listed with a

documented volume of 870 cubic yards

and a deminimis settlement payment

amount of $20,079.00, and Custom

Packaging Company is listed with a

documented volume of 860 cubic yards

and a deminimis settlement payment

amount of $19,849.00. Precision

Diamond Tool’s documented volume

falls between the documented volume of

these two generators. Accordingly,

Precision Diamond Tool’s deminimis

settlement payment amount should also

fall between the payment amount of

these two deminimis generators.

Therefore, Precision Diamond Tool’s

deminimis payment amount is

determined to be $20,000.00.

Under the terms of the settlement,

Precision Diamond Tool Company

agrees to pay its settlement amount. In

exchange for its payment, the United

States covenants not to sue or take

administrative action pursuant to

Sections 106 and 107(a) of CERCLA, 42

U.S.C. 9606 and 9607(a), relating to the

Site. In addition, Precision Diamond

Tool Company is entitled to protection

from contribution actions or claims as

provided by Sections 113(f) and

122(g)(5) of CERCLA, 42 U.S.C. 9613(f)

and 9622(g)(5), for all response costs

incurred and to be incurred by any

person at the Site.

For thirty (30) days following the date

of publication of this notice, the Agency

will receive written comments relating

to the settlement. The Agency will

consider all comments received and

may modify or withdraw its consent to

the settlement if comments received

disclose facts or considerations which

indicate that the settlement is

inappropriate, improper, or inadequate.

The Agency’s response to any comments

received will be available for public

inspection at EPA’s Region 5 Office at

77 West Jackson Boulevard, Chicago,

Illinois 60604 and at the Gail Borden

Public Library in Elgin.

DATES: Comments must be submitted on

or before June 16, 2000.

ADDRESSES: The proposed settlement is

available for public inspection at EPA’s

Record Center, 7th floor, 77 W. Jackson

Blvd., Chicago, Illinois 60604. A copy of

the proposed settlement may be

obtained from Jeffrey A. Cahn, Associate

Regional Counsel, U.S. EPA, Mail Code

C–14J, 77 W. Jackson Blvd., Chicago,

Illinois 60604, telephone (312) 886–

6670. Comments should reference the

Tri-County/Elgin Landfill site, Kane

County, Illinois, and EPA Docket No. V–

W–00–C–585, and should be addressed

to Jeffrey A. Cahn, Associate Regional

Counsel, U.S. EPA, Mail Code C–14J, 77

W. Jackson Blvd., Chicago, Illinois

60604.

FOR FURTHER INFORMATION CONTACT:

Jeffrey A. Cahn, Associate Regional

Counsel, U.S. EPA, Mail Code C–14J, 77

W. Jackson Blvd., Chicago, Illinois

60604, telephone (312) 886–6670.

Authority: The Comprehensive

Environmental Response, Compensation, and

Liability Act of 1980, as amended, 42 U.S.C.

9601, et. seq.

Dated: May 8, 2000.

William E. Muno,

Director, Superfund Division.

[FR Doc. 00–12389 Filed 5–16–00; 8:45 am]

BILLING CODE 6560–50–U

FEDERAL COMMUNICATIONS

COMMISSION

[Report No. 2409]

Petition for Clarification of Action in

Rulemaking Proceeding

Dated: May 11, 2000.

Petition for Clarification has been

filed in the Commission’s rulemaking

proceeding listed in this Public Notice

and published pursuant to 47 CFR

Section 1.429(e). The full text of this

document is available for viewing and

copying in Room CY–A257, 445 12th

Street, S.W., Washington, D.C. or may

be purchased from the Commission’s

copy contractor, ITS, Inc. (202) 857–

3800. Oppositions to this petition must

be filed by June 1, 2000. See Section

1.4(b)(1) of the Commission’s rules (47

CFR 1.4(b)(1)). Replies to an opposition

must be filed within 10 days after the

time for filing oppositions has expired.

Subject: Service Rules for the 746–764

and 776–794 MHz Bands, and

Revisions to Part 27 of the

Commission’s Rules (WT Docket No.

99–168)

Number of Petitions Filed: 1.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 00–12363 Filed 5–16–00; 8:45 am]

BILLING CODE 6712–01–M

FEDERAL MARITIME COMMISSION

Notice of Agreement(s) Filed

The Commission hereby gives notice

of the filing of the following

agreement(s) under the Shipping Act of

1984. Interested parties can review or

obtain copies of agreements at the

Washington, DC offices of the

Commission, 800 North Capitol Street,

N.W., Room 962. Interested parties may

submit comments on an agreement to

the Secretary, Federal Maritime

Commission, Washington, DC 20573,

within 10 days of the date this notice

appears in the Federal Register.

Agreement No.: 011299–003.

Title: A.P. Moller-Maersk Sealand/P&O.

Nedlloyd Agreement.

Parties:

A.P. Moller-Maersk Sealand.

P&O Nedlloyd Limited.