Federal Register / Vol. 70, No. 162 / Tuesday, August 23, 2005 / Rules and Regulations 49193

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. 

*******

[FR Doc. 05–16688 Filed 8–22–05; 8:45 am] 

BILLING CODE 6560–50–P

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.

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.

■ Accordingly, for the reasons set forth 

above, Part 2102 is amended as set forth 

below.

■ 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:

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:

§ 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.

■ 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 

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

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

AGENCY: Fish and Wildlife Service, 

Interior.

ACTION: Final rule; availability of Final 

Environmental Assessment and Finding 

of No Significant Impact. 

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