5932 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations 

for subsurface soils (below two feet from 

the surface). However, during the 

remedial action data showed that in 

areas where the Site soils were below 

the Benzo (a) Pyrene (B(a)P) clean-up 

levels there were still high levels of 

pentachlorophenol (PCP) in the soil. To 

assure that the soil in these areas was 

treated, a non-significant change to the 

1995 ROD was issued by EPA on March 

5, 1999. This non-significant change 

established a cleanup level of 5.0 ppm 

PCP. In addition, another nonsignificant change was the use of treated 

soils from the Site as backfill below the 

water table. These treated soils were 

required to meet a clean-up level of 1.7 

ppm PCP. This change from the 1995 

ROD was announced during the public 

meeting on November 7, 1996 and 

documented in the ‘‘Site Specific Work 

Plan,’’ dated July 1997. 

Post Closure Monitoring 

A Post Closure Monitoring Plan, dated 

November 2000, was prepared to verify 

the success of the cleanup. The plan 

required sampling a network of 

monitoring wells throughout the Site 

including one well at the center of the 

former lagoon area. In addition the plan 

required the evaluation of the restored 

uplands and wetlands areas that had 

undergone excavation, backfilling, and 

re-vegetation. The monitoring wells 

were sampled quarterly from October 

2000 to September 2002. Samples were 

analyzed for target compounds such as 

semi-volatiles, polynuclear aromatic 

hydrocarbons (PAH), and 

pentachlorophenol (PCP). All the 

sampling results showed that levels for 

these contaminants were well below 

their respective Maximum Contaminant 

Levels (MCLs) established under the 

Safe Drinking Water Act, 42 U.S.C. 300f 

et seq. Formal inspections of the 

wetland and upland areas were 

conducted concurrently with the 

monitoring well sampling effort. These 

areas showed no signs of erosion. All 

disturbed wetland areas have stabilized. 

The disturbed uplands areas are 

currently stabilized with grass, and the 

overall upland area is showing 95 

percent total herbaceous coverage. After 

completion of sampling in September 

2002 all monitoring wells and the 600-

foot deep production well were 

subsequently closed out in accordance 

with MDE regulations for well 

abandonment. The production well 

required special close-out procedures 

involving blasting. The concern for this 

very deep well was that ground water 

from the upper non-potable aquifer 

could migrate down to the lower potable 

aquifer along possible voids on the 

outside of the well sleeve. Complete 

separation of these two aquifers was 

assured by blasting the well sleeve open 

at a point where there was an 

impervious clay layer between the 

upper and lower aquifers and then 

pumping in grout material to seal the 

well. 

Five-Year Review 

EPA has completed two Five-Year 

Reviews for this Site. The first was 

completed on September 30, 1994 and 

the second on September 30, 1999. 

Since the clean-up was ongoing these 

reviews were not required by statute, 

but were conducted as a matter of 

policy. 

Five-Year Reviews are required at 

sites where the remedial action results 

in hazardous substances, pollutants or 

contaminants remain at the site above 

levels that allow for unrestricted use 

and unrestricted exposure. The response 

actions conducted at the Southern 

Maryland Wood Treating Site are now 

complete, and allow for unlimited use 

and unrestricted exposure, thus no 

additional Five-Year Reviews will be 

conducted for this Site. 

Community Involvement 

Public participation activities have 

been satisfied as required in CERCLA 

section 113(k), 42 U.S.C. 9613(k), and 

CERCLA section 117, 42 U.S.C. 9617. 

Documents in the Site docket which 

EPA relied on for recommendation of 

the deletion of the Site from the NPL are 

available to the public in the 

information repositories. 

V. Deletion Action 

EPA, with the concurrence of the 

State of Maryland, has determined that 

all appropriate responses under 

CERCLA have been completed at the 

Site, and that no further response 

actions are necessary. Therefore, EPA is 

deleting the Site from the NPL. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication of a 

notice of intent to delete. This action 

will be effective April 5, 2005, unless 

EPA receives adverse comments by 

March 7, 2005, on this notice or the 

parallel notice of intent to delete 

published in the ‘‘Proposed Rules’’

section of today’s Federal Register. If 

adverse comments are received within 

the 30-day public comment period, EPA 

will publish a timely withdrawal of this 

direct final notice of deletion before the 

effective date of the deletion and it will 

not take effect and EPA will also 

prepare a response to comments and 

continue with the deletion process on 

the basis of the notice of intent to delete 

and the comments already received. 

There will be no additional opportunity 

to comment.

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply.

Dated: January 26, 2005. 

Richard J. Kampf, 

Acting Regional Administrator, Region III.

■ For the reasons set out in the preamble, 

40 CFR part 300 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 under Maryland (‘‘MD’’) by 

removing the site name ‘‘Southern 

Maryland Wood Treating, Hollywood.’’

[FR Doc. 05–2058 Filed 2–3–05; 8:45 am] 

BILLING CODE 6560–50–P

GENERAL SERVICES 

ADMINISTRATION

41 CFR Chapter 301

[FTR Amendment 2005–01; FTR Case 2005–

301]

RIN 3090–AI03

Federal Travel Regulation; Privately 

Owned Vehicle Mileage 

Reimbursement

AGENCY: Office Governmentwide Policy, 

GSA.

ACTION: Final rule.

SUMMARY: This final rule amends the 

mileage reimbursement rate for use of a 

privately owned vehicle on official 

travel to reflect current costs of 

operation as determined in cost studies 

conducted by the General Services 

Administration (GSA). The governing 

regulation is revised to increase the 

mileage allowance for advantageous use 

of a privately owned airplane from 

$0.995 to $1.07 per mile, the cost of 

operating a privately owned automobile 

from $0.375 to $0.405 per mile, and the 

cost of operating a privately owned 

motorcycle from $0.285 to $0.305 per 

mile.

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

DATES: Effective Date: The provisions of 

this final rule are effective February 4, 

2005, and applies to travel performed on 

or after that date.

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat (VIR), Room 

4035, GS Building, Washington, DC, 

20405, (202) 208–7312, for information 

pertaining to status or publication 

schedules. For clarification of content, 

contact Devoanna R. Reels, Program 

Analyst, Office of Governmentwide 

Policy, Travel Management Policy, at 

(202) 501–3781. Please cite FTR case 

2005–301, FTR Amendment 2005–01.

SUPPLEMENTARY INFORMATION:

A. Background

Pursuant to 5 U.S.C. 5707(b), the 

Administrator of General Services has 

the responsibility to establish the 

privately owned vehicle (POV) mileage 

reimbursement rates. Separate rates are 

set for airplanes, automobiles (including 

trucks), and motorcycles. In order to set 

these rates, GSA is required to conduct 

periodic investigations, in consultation 

with the Secretaries of Defense and 

Transportation, and representatives of 

Government employee organizations, of 

the cost of travel and the operation of 

POVs to employees while engaged on 

official business. As required, GSA 

conducted an investigation of the costs 

of operating a POV and is reporting the 

cost per mile determination. The results 

of the investigation have been reported 

to Congress and a copy of the report 

appears as an attachment to this 

document. GSA’s cost studies show the 

Administrator of General Services has 

determined the per-mile operating costs 

of a POV to be $1.07 for airplanes, 

$0.405 for automobiles, and $0.305 for 

motorcycles. As provided in 5 U.S.C. 

5704(a)(1), the automobile 

reimbursement rate cannot exceed the 

single standard mileage rate established 

by the Internal Revenue Service (IRS). 

The IRS has announced a new single 

standard mileage rate for automobiles of 

$0.405 per mile effective January 1, 

2005. Additionally, based on updated 

data for the two-tiered reimbursement 

rates reflecting costs to an agency of 

operating a Government-furnished 

vehicle (GFV), the current 

reimbursement rate of $0.270 per mile 

increased to $0.285 per mile (when a 

GFV is available to an employee). The 

current reimbursement rate of $0.105 

per mile (when a GFV is assigned 

directly to an employee) will remain the 

same.

B. Executive Order 12866

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804.

C. Regulatory Flexibility Act

This final rule is not required to be 

published in the Federal Register for 

notice and comment; therefore, the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., does not apply.

D. Paperwork Reduction Act

The Paperwork Reduction Act does 

not apply because the changes to the 

FTR do not impose recordkeeping or 

information collection requirements, or 

the collection of information from 

offerors, contractors, or members of the 

public that require the approval of the 

Office of Management and Budget under 

44 U.S.C. 3501, et seq.

E. Small Business Regulatory 

Enforcement Fairness Act

This final rule is also exempt from 

congressional review prescribed under 5 

U.S.C. 801 since it relates solely to 

agency management and personnel.

List of Subjects in 41 CFR Part 301–10

Government employees, Travel and 

transportation expenses.

Dated: January 25, 2005.

Stephen A. Perry,

Administrator of General Services.

■ For the reasons set forth in the 

preamble, under 5 U.S.C. 5701–5709, 

GSA amends 41 CFR part 301–10 as set 

forth below:

PART 301–10—TRANSPORTATION 

EXPENSES

■ 1. The authority citation for 41 CFR 

part 301–10 is revised to read as follows:

Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 

49 U.S.C. 40118.

■ 2. In section 301–10.303 revise the last 

three entries in the table to read as 

follows:

§ 301–10.303 What am I reimbursed when 

use of a POV is determined by my agency 

to be advantageous to the Government?

For use of a Your reimbursement is 

***** ............... *****

Privately owned 

airplane ............. 1 $1.07

Privately owned 

automobile ......... 1 $0.405

Privately owned 

motorcycle ......... 1 $0.305

1 Per mile.

The following attachment will not 

appear in the Code of Federal 

Regulations.

Attachment to Preamble—Report To 

Congress On The Costs Of Operating 

Privately Owned Vehicles

5 U.S.C. 5707(b)(1)(A) requires that the 

Administrator of General Services, in 

consultation with the Secretary of Defense, 

the Secretary of Transportation, and 

representatives of Government employee 

organizations, conduct periodic 

investigations of the cost of travel and 

operation of privately owned vehicles (POVs) 

(airplanes, automobiles, and motorcycles) to 

Government employees while on official 

travel, and report the results to the Congress 

at least once a year. 5 U.S.C. 5707(b)(2)(B) 

further requires that the Administrator of 

General Services determine the average, 

actual cost per mile for the use of each type 

of POV based on the results of the cost 

investigation. Such figures must be reported 

to the Congress within 5 working days after 

the cost determination has been made in 

accordance with 5 U.S.C. 5707(b)(2)(C).

Pursuant to the requirements of 5 U.S.C. 

5707(b)(1)(A), the General Services 

Administration (GSA), in consultation with 

the Secretary of Defense, the Secretary of 

Transportation, and representatives of 

Government employee organizations, 

conducted an investigation of the cost of 

operating a privately owned automobile 

(POA). As provided in 5 U.S.C. 5704(a)(1), 

the automobile reimbursement rate cannot 

exceed the single standard mileage rate 

established by the Internal Revenue Service 

(IRS). The IRS has announced a new single 

standard mileage rate for POAs of $0.405 

effective January 1, 2005.

As required, GSA is reporting the results of 

the investigation and the cost per mile 

determination. Based on cost studies 

conducted by GSA, I have determined the 

per-mile operating costs of a POV to be $1.07 

for airplanes, $0.405 for POAs, and $0.305 for 

motorcycles.

I will issue a regulation to increase the 

current $0.995 to $1.07 for privately owned 

airplanes, $0.375 to $0.405 for POAs, and 

$0.285 to $0.305 for privately owned 

motorcycles. This report to Congress on the 

cost of operating POVs will be published in 

the Federal Register.

[FR Doc. 05–2124 Filed 2–3–05; 8:45 am]

BILLING CODE 6820–14–S

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

Changes in Flood Elevation 

Determinations

AGENCY: Federal Emergency 

Management Agency (FEMA), 

Emergency Preparedness and Response