Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Proposed Rules 19205

September 30, 1993, the Acting Regional

Administrator signed the EPA Final

Close Out Report. EPA released a Fact

Sheet describing this report and the

status of the Site in January 1994.

The Cooperative Agreement between

EPA and TNRCC budgeted $2,552,898

for all of TNRCC’s remedial design and

remedial action activities, including the

Construction Contract, oversight and the

State ten percent cost share and the first

year of Operation and Maintenance. The

final actual cost expenditure for these

activities totaled $1,383,320.

The EPA/TNRCC community

relations activities included: a public

meeting in 1985 to explain the

Superfund process and to learn of

citizen concerns; a questionnaire to area

officials and residents requesting

information on their concerns or issues

related to the Site; an EPA briefing to

Fort Worth health officials regarding the

proposed remedy; and a meeting in

November 1988 to present the

alternatives developed in the FS and

EPA’s preferred alternative for remedial

action. In June 1990, TNRCC presented

the plans for the Remedial Action (RA).

In April 1992, EPA and TNRCC met

with railroad personnel working

adjacent to the Site to discuss their

concerns regarding possible exposures

to Site contaminants during the Pesses

metal reclamation operations and

during the remedial action. EPA and

TNRCC explained that they could not

determine the worker exposure during

the time that Pesses S’West conducted

metal reclamation operations, gave the

workers information regarding

cadmium, nickel and lead poisoning,

and suggested that the workers contact

their employer-provided physician or

their own personal physician. EPA and

TNRCC also explained that air

monitoring at the perimeter of the Site

would ensure that no detectable

quantities of contaminants left the Site

during remediation activities.

All EPA completion requirements for

the Site have been met. Specifically,

confirmatory sampling verified that soil

and dust contaminated with greater than

15 parts per million (ppm) cadmium or

100 ppm nickel was excavated,

stabilized with cement kiln dust,

capped and fenced in accordance with

the ROD and the ENSC. Confirmatory

soil sampling and the backfilling of the

excavated areas with clean soil provides

further assurance that the area no longer

poses any threats to human health or to

the environment and no further

Superfund response is appropriate.

The Site Review and Update,

prepared by the Texas Department of

Health under a Cooperative Agreement

with the Agency for Toxic Substances

and Disease Registry (ATSDR), issued

on September 1, 1993, states that all of

ATSDR’s previous recommendations

have been addressed or can be

dismissed. The potential threat to

human exposure has been eliminated.

TNRCC’s Engineer conducted

quarterly Site inspections for TNRCC

during the one year Operational and

Functional (O&F) period from

September 1992 to September 1993 and

reported the results to TNRCC. The Site

concrete cap and fencing were inspected

for integrity. EPA, TNRCC and TNRCC’s

Engineer conducted the final O&F

inspection on September 10, 1993.

There were no cracks in the concrete but

there were minor surface cracks in the

asphalt sealant covering the joint fillers

and one hole cut in the fence. Repairs

were made. EPA determined that the

remedial action was successful in

protecting the public health and

welfare.

The State assumed all responsibility

for Operation & Maintenance (O&M) at

the Site as of October 1, 1993. Therefore,

long-term O&M of the Site will be under

the direction of the State of Texas, as

guaranteed in the Cooperative

Agreement awarding remedial action

funds. O&M consists of inspecting the

concrete cap and security fence for

integrity and making all needed repairs.

Hazardous substances, above healthbased levels, remain in the stabilized

and capped soil located on the southern

portion of the Site. These materials

prevent unlimited use and unrestricted

access to this portion of the Site. For

this reason, EPA will conduct statutory

five-year reviews, pursuant to Office of

Solid Waste and Emergency Response

Directive 9355.7–02, ‘‘Structure and

Components of Five-Year Reviews’’.

EPA will conduct the first review before

September 1996. These reviews will

allow EPA and the State to determine

whether the protectiveness of the

remedy for the Site will be maintained

over time.

Based on the successful stabilization

of the hazardous materials onsite, the

results of O&M activities to date, and

ATSDR’s favorable review, the remedy

is protective and no additional response

action is necessary. State funded O&M

and EPA funded five-year reviews will

continue in the future, but EPA may

proceed with the Site deletion since

applicable deletion criteria have been

satisfied.

EPA, with concurrence of the State of

Texas, has determined that all

appropriate responses under CERCLA at

the Pesses Chemical Company Site have

been completed, and that no further

response action, other than O&M and

Five-Year reviews, is necessary.

Therefore, EPA proposes to delete the

Site from the NPL.

Dated: April 7, 1995.

A. Stanley Meiburg,

Acting Regional Administrator, US EPA

Region 6.

[FR Doc. 95–9384 Filed 4–14–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 95–38, RM–8587]

Television Broadcasting Services;

Kailua, HI

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition filed by Paul

Alfred Tennyson, proposing the

allotment of Television Channel 50 to

Kailua, Hawaii, as that community’s

first local television service. The

allotment can be made consistent with

the minimum distance separation

requirements of Section 73.610 of the

Commission’s Rules. The coordinates

for the proposed allotment of Channel

50 to Kailua are North Latitude 21–24–

00 and West Longitude 157–44–30. This

proposal is not affected by the freeze on

television allotments or applications.

DATES: Comments must be filed on or

before June 1, 1995, and reply

comments on or before June 16, 1995.

ADDRESSES: Federal Communications

Commission, Washington, D.C. 20554.

In addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Paul Alfred Tennyson, 305

Hahani Street, #118, Kailua, Hawaii

96734 (Petitioner).

FOR FURTHER INFORMATION CONTACT:

Nancy J. Walls, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

95–38, adopted March 28, 1995, and

released April 10, 1995. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, NW, Washington, D.C. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Service, Inc., (202) 857–

3800, 1919 M Street, NW, Room 246, or
19206 Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Proposed Rules

2100 M Street, NW, Suite 140,

Washington, D.C. 20037.

Provisions of the Regulatory

Flexibility Act of l980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Television broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–9415 Filed 4–14–95; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 95–36, RM–8547]

Radio Broadcasting Services; Billings,

MT

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition filed by Conway

Broadcasting requesting the allotment of

Channel 298C at Billings, Montana.

Channel 298C can be allotted to Billings

without a site restriction at coordinates

45–46–48 and 108–30–18.

DATES: Comments must be filed on or

before June 1, 1995, and reply

comments on or before June 16, 1995.

ADDRESSES: Federal Communications

Commission, Washington, D.C. 20554.

In addition to filing comments with the

FCC, interested parties should serve the

petitioner, as follows: Conway

Broadcasting, 4415 Fremont Avenue,

South, Minneapolis, Minnesota 55409.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

95-36, adopted March 28, 1995, and

released April 10, 1995. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the

Commission’s Reference Center (Room

239), 1919 M Street, NW, Washington,

D.C. The complete text of this decision

may also be purchased from the

Commission’s copy contractors,

International Transcription Services,

Inc., 2100 M Street, NW, Suite 140,

Washington, D.C. 20037, (202) 857–

3800.

Provisions of the Regulatory

Flexibility Act of l980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contact.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–9416 Filed 4–14–95; 8:45 am]

BILLING CODE 6712–01–F