Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Rules and Regulations 31823

on-Site surface soil by workers. On

December 31, 1990, the EPA Regional

Administrator signed the Record of

Decision (ROD) identifying the remedial

action to be taken to address the

unacceptable risks to human health

identified in the RI/FS process.

In December 1991, following

unsuccessful efforts to negotiate a

Consent Decree with MAWP, EPA

issued a Unilateral Administrative

Order (UAO) requiring MAWP to

implement the selected remedy. The

selected remedy, as described in the

ROD and the UAO, consisted of the

following:

• Excavation, stabilization and off-site

disposal of ‘‘hot spots’’ of contaminated soils

with arsenic concentrations greater than

1,000 mg/kg;

• Construction of an enlarged roofed drip

pad that complies with the Resource

Conservation and Recovery Act (RCRA)

Subpart W wood treating regulations;

• Capping of those portions of the

Treatment Yard that were not covered by the

treatment plant, enlarged drip pad or paved

parking area with an asphalt/concrete cap;

• Capping of soils in the Storage Yard

contaminated with arsenic exceeding 10 mg/

kg with an asphalt/concrete cap;

• Excavation of any off-Site soils

containing arsenic at concentrations greater

than 10 mg/kg (i.e., background

concentration of arsenic in area soils) and

consolidation of those soils on-Site prior to

paving with the asphalt/concrete cap;

• Environmental monitoring to ensure the

effectiveness of the remedy;

• Implementation of a deed restriction to

preclude future land use which might

compromise the effectiveness of the remedy.

Pre-design sampling performed in

April and June 1992 indicated that no

soil on- or off-site had concentrations of

arsenic greater than 1,000 mg/kg and

therefore, excavation, stabilization and

off-site disposal was not necessary.

Predesign sampling did, however,

indicate that surface soils on a portion

of the adjacent Number One Supply

property had been contaminated by

runoff from the MAWP property. The

sampling results indicated that the

western portion of the Number One

Supply property nearest the paved

parking lot was not contaminated (i.e.,

levels of arsenic were less than 10 mg/

kg), but the center portion and the

eastern portions of the property did

contain arsenic at concentrations greater

than 10 mg/kg.

On February 4, 1993, MAWP

informed EPA that it was ceasing

business operations and closing the

facility. Because MAWP was ceasing its

wood treating operations, there was no

longer a need to expand the drip pad to

prevent potential future releases from

wood drying operations. The remedial

objectives were satisfied by extending

the asphalt cap to all areas of the

Treatment Yard not currently paved or

covered by existing buildings, including

those areas previously planned to be

covered by the expanded drip pad.

The Remedial Action Work Plan and

Remedial Design were approved by EPA

on May 14, 1993. The scaled-back

remedy included excavation and

consolidation of contaminated soils

from the Number One Supply property,

paving of the MAWP property,

implementation of institutional

controls, long-term monitoring, and

maintenance of the asphalt cap.

Construction activities were

implemented from June to August 1993.

In September 1993, EPA negotiated a

Prospective Purchaser Agreement (PPA)

with Gunther’s Leasing Transport, Inc.

(Gunther), which became effective

January 24, 1994. In accordance with

the PPA, Gunther agreed to implement

the necessary institutional controls and

perform operation and maintenance

(O&M) activities, including

environmental monitoring, as required

by the EPA-approved O&M Plan. On

July 5, 1994, Gunther filed EPAapproved ‘‘Restrictions on Land Use’’

for the MAWP site with the Clerk of

Circuit Court, Anne Arundel County,

Maryland.

Long-term environmental monitoring

has been performed in accordance with

the Post-Remedy Sampling and Analysis

Plan contained in the RA Work Plan

(ERM, April 1993). Monitoring and

maintenance of the asphalt cap has been

conducted with reports submitted to

EPA on a biannual basis. A Five-Year

Review dated August 26, 1998,

confirmed that measures taken at the

site remain effective, as do the results

from long-term environmental

monitoring completed on February 12,

1999.

The remedial action selected for the

Site has been implemented in

accordance with the Record of Decision.

As a result, human health threats and

potential environmental impacts arising

from releases at the Site have been

eliminated. Continued protection of

human health and the environment will

be achieved by maintenance activities

and performance of the Five-Year

Reviews, as required by CERCLA.

V. Action

The EPA, with concurrence from the

State of Maryland, has determined that

all appropriate response under CERCLA

at the Site has been completed, and no

further CERCLA response action is

appropriate in order to provide

protection of human health and

environment. Therefore, EPA is deleting

the Site from the NPL.

This action will be effective July 18,

2000. However, if EPA receives

dissenting comments by June 19, 2000,

EPA will publish a document that

withdraws this action. If, after reviewing

such comments, EPA decides to proceed

with the deletion, EPA will publish a

notice of deletion in the Federal

Register and place copies of the final

deletion package, including a

Responsiveness Summary, in the Site

repositories.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

Dated: April 5, 2000.

Bradley M. Campbell,

Regional Administrator, Region III.

Part 300, title 40 of the Code of

Federal Regulations is amended as

follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,

1991 Comp.; p.351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp.; p. 193.

Appendix B [Amended]

2. Table 1 of Appendix B to part 300

is amended by removing the Site ‘‘MidAtlantic Wood Preservers, Inc.,

Harmans, Maryland.’’.

[FR Doc. 00–12516 Filed 5–18–00; 8:45 am]

BILLING CODE 6560–50–P

GENERAL SERVICES

ADMINISTRATION

41 CFR Chapter 301

[FTR Amendment 87]

RIN 3090–AH18

Federal Travel Regulation; Maximum

Per Diem Rates and Other Travel

Allowances; Correction

AGENCY: Office of Governmentwide

Policy, GSA.

ACTION: Final rule; correction.

SUMMARY: This document corrects

entries listed in the prescribed

maximum per diem rates for locations

within the continental United States

31824 Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Rules and Regulations

(CONUS) contained in a final rule

appearing in Part III of the Federal

Register of Thursday, December 2, 1999

(64 FR 67670). The rule, among other

things, increased/decreased the

maximum lodging amounts in certain

existing per diem localities, added new

per diem localities, and removed a

number of previously designated per

diem localities.

EFFECTIVE DATE: January 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Joddy P. Garner, Office of

Governmentwide Policy (MTT),

Washington, DC 20405, telephone 202–

501–4857.

SUPPLEMENTARY INFORMATION: In rule

document 99–31215 beginning on page

67670 in the issue of Thursday,

December 2, 1999, make the following

corrections:

Appendix A to Chapter 301 [Corrected]

1. On page 67674, under the State of

Colorado, city of Aspen, the seasonal

dates, column one and lodging rates,

column three are revised to read as

follows: ‘‘January 1–March 31 $163,

April 1–May 31 $68, June 1–December

31 $140’’.

2. On page 67678, under the State of

Louisiana, the names of cities of New

Orleans/Plaquemine/St. Bernard,

column two is revised to read as

follows: ‘‘Orleans, Iberville, Jefferson

Parish and St. Bernard’’.

Pages 67674 and 67678, as corrected,

read as follows:

Appendix A to Chapter 301—

Prescribed Maximum Per Diem Rates

for CONUS

* * * * *

BILLING CODE 6820–34–P

Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Rules and Regulations 31825

31826 Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Rules and Regulations

Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Rules and Regulations 31827

Dated: May 11, 2000.

Peggy G. DeProspero,

Acting Director, Travel Management Policy

Division.

[FR Doc. 00–12340 Filed 5–18–00; 8:45 am]

BILLING CODE 6820–34–C

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 000120016–0135–02; I.D.

112299C]

RIN 0648–AM70

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Reef Fish

Fishery of the Gulf of Mexico; Gag,

Red Grouper, and Black Grouper

Management Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement a regulatory amendment

prepared by the Gulf of Mexico Fishery

Management Council (Council) in

accordance with framework procedures

for adjusting management measures in

the Fishery Management Plan for the

Reef Fish Resources of the Gulf of

Mexico (FMP). This final rule increases

the commercial and recreational

minimum size limits for gag and black

grouper; prohibits the commercial

harvest and the sale or purchase of gag,

black grouper, and red grouper from

February 15 to March 15 each year; and

establishes two areas in the eastern Gulf

of Mexico that are closed to all fishing,

except fishing for highly migratory

species. The intended effect of this final

rule is to protect the spawning

aggregations for these species and to

prevent overfishing.

DATES: This final rule is effective June

19, 2000.

ADDRESSES: Copies of the final

regulatory flexibility analysis (FRFA)

may be obtained from the Southeast

Regional Office, NMFS, 9721 Executive

Center Drive N., St. Petersburg, FL

33702, telephone: 727–570–5305, fax:

727–570–5583, email:

Richard.Raulerson@noaa.gov.

FOR FURTHER INFORMATION CONTACT: Dr.

Roy E. Crabtree, telephone: 727–570–

5305, fax: 727–570–5583, e-mail:

Roy.Crabtree@noaa.gov.

SUPPLEMENTARY INFORMATION: The reef

fish fishery in the Gulf of Mexico EEZ

is managed under the FMP. The FMP

was prepared by the Council and is

implemented under the authority of the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) by regulations

at 50 CFR part 622.

In accordance with the framework

procedures of the FMP, the Council

recommended, and NMFS published, a

proposed rule (65 FR 4221, January 26,

2000) to increase the commercial and

recreational minimum size limits for gag

and black grouper; prohibit the

commercial harvest and the sale or

purchase of gag, black grouper, and red

grouper harvested from the Gulf EEZ

from February 15 to March 15 each year;

and establish two areas in the eastern

Gulf of Mexico (Madison and Swanson

sites and Steamboat Lumps) that would

be closed to all fishing, except fishing

for highly migratory species (i.e., tunas,

marlin, sailfish, swordfish, and oceanic

sharks). The preamble to the proposed

rule explained the need and rationale

for these measures. Those descriptions

are not repeated here.

After considering the comments

received on the proposed rule, NMFS

partially approved the regulatory

amendment. The proposed additional

increases in the recreational minimum

size limit for gag and black grouper from

22 inches to 24 inches (55.9 cm to 61

cm), to be phased in over a 2-year

period following implementation of this

final rule, were disapproved (see

Response to Comment 3 under

‘‘Comments and Responses’’ below).

Comments and Responses

Comment 1: Two Council members

stated in their minority report that the

proposed measures are insufficient to

prevent overfishing and protect male

gag. Specifically, they stated that the

commercial 1-month closed season is

too short to be effective. Several

environmental groups also suggested

that additional measures, including

additional marine reserves, are needed

to protect gag.

Response: NMFS agrees that

additional measures to reduce fishing

mortality will probably be required to

achieve levels consistent with the

Council’s management objective. The

Council’s intent in preparing this

amendment was to reduce overfishing to

a level consistent with the 20–percent

spawning potential ratio (SPR)

management target in effect at the time

it adopted final measures for the

regulatory amendment. On November

17, 1999, NMFS approved a maximum

fishing mortality threshold of 30-percent

SPR for gag and black grouper, as

proposed by the Council under its

Generic Sustainable Fisheries Act

Amendment to the Fishery Management

Plans of the Gulf of Mexico. Additional

reductions in fishing mortality will

probably be needed to prevent this

threshold from being exceeded. To

address this concern, and other

problems in the grouper fishery, the

Council is developing an FMP

amendment. NMFS agrees that the

effectiveness of the 1-month closure of

the commercial fishery could be

reduced if, in response to the closure,

fishing effort increases immediately

before or after the closure; however, the

closure will provide some reduction in

fishing mortality and provide some

protection to spawning aggregations.

NMFS believes that additional measures

to protect spawning aggregations may be

required in the future; however, the 1-

month closure is an appropriate step at

this time.

Comment 2: A for-hire fishing

organization and two Council members

stated that the proposal to close two

areas to all fishing exceeds the most

restrictive alternative presented and

discussed at public hearings and should

be disapproved. A commercial fishing

organization and a for-hire fishing

organization questioned the need for

closing the two areas to all fishing. Nine

individuals and seven environmental

organizations expressed strong support

for the two closed areas and suggested

the closure period should be extended

beyond the 4-year period.

Response: This rule closes the two

areas only to fisheries under the

jurisdiction of the Council. The Council

has requested that NMFS’ Highly

Migratory Species Division (HMS

Division), Office of Sustainable

Fisheries, issue a compatible rule

prohibiting fishing for all Atlantic

highly migratory species in these two

areas. The HMS Division is currently

considering this request and expects to

take appropriate action soon. Any HMS

Division’s rulemaking action will

involve proposed and final rules and

will provide the opportunity for public

comment on proposed measures. The

Council recommended closure of the

two areas to all fishing in order to

reduce bycatch mortality of gag and

black grouper and to improve

enforcement of the closure to fishing.

The closure to all fishing under the

Council’s jurisdiction is a logical

extension of the Council’s earlier

proposal that was the subject of public

hearings and a workshop involving

affected fishery participants and is

based on public comments. This earlier

proposal would have closed areas to all