Federal Register / Vol. 68, No. 156 / Wednesday, August 13, 2003 / Proposed Rules 48331 i.e., NVOCCs and ocean carriers regulation, if adopted, would have hearing, Sonya Cruse, 202–622–4693 handling the importer’s/consignee’s presented a considerable challenge to (not toll-free’’. shipments. CBP agrees that the statute is administrative efficiency for both CBP Cynthia E. Grigsby, designed to protect the identities of and importers and consignees. Chief, Regulations Unit, Associate Chief importers and consignees (and their Dated: August 7, 2003. shippers if desired) for reasons that are Counsel (Procedure and Administration). Robert C. Bonner, related to their own competitive well [FR Doc. 03–20666 Filed 8–12–03; 8:45 am] being, not for reasons related to the Commissioner, Customs and Border BILLING CODE 4830–01–P Protection. competitive well being of the NVOCCs and ocean carriers filing manifest [FR Doc. 03–20567 Filed 8–12–03; 8:45 am] information in accordance with the ‘‘24- BILLING CODE 4820–02–P ENVIRONMENTAL PROTECTION hour rule.’’ AGENCY Thus, upon review of the comments 40 CFR Part 300 and further review of the matter, CBP DEPARTMENT OF THE TREASURY recognizes that allowing these other [FRL–7542–8] parties to file confidentiality requests Internal Revenue Service for their importer and consignee clients National Oil and Hazardous will not further the intent of the law’s 26 CFR Part 1 Substances Pollution Contingency confidentiality provision to protect the Plan; National Priorities List interests of the importers/consignees, [REG–209377–89] but will instead serve the interests of AGENCY: Environmental Protection these other parties at the expense of RIN 1545–BA69 Agency. users of manifest information whose ACTION: Notice of intent to partially interest this law is also intended to At-Risk Limitations; Interest Other delete the Monticello Mill Tailings serve. Importers and consignees already Than That of a Creditor; Correction (USDOE) Superfund Site from the enjoy the benefits of this law through National Priorities List. AGENCY: Internal Revenue Service (IRS), the current regulation, which allows Treasury. SUMMARY: confidentiality requests to be made by The Environmental Protection their authorized employees, attorneys, ACTION: Correction to notice of proposed Agency (EPA) Region 8 is issuing a or officials. rulemaking. notice of intent to partially delete the Moreover, CBP is further persuaded Monticello Mill Tailings (USDOE) SUMMARY: by several of the other comments This document contains a Superfund Site (the Site) located in opposing the proposed amendment and correction to a notice of proposed Monticello, Utah, from the National submits that the weight of these other rulemaking relating to the treatment, for Priorities List (NPL) and requests public comments, taken together, provides purposes of the at-risk limitations, of comments on this notice of intent. The additional support for a decision to amounts borrowed from a person who NPL, promulgated pursuant to section abandon the NPRM. Primary among has an interest in an activity other than 105 of the Comprehensive these other reasons against adoption of that of a creditor or from a person Environmental Response, the proposal are that the proposal, if related to a person (other than the Compensation, and Liability Act adopted, would cause some degree of borrower) with such an interest. (CERCLA) of 1980, as amended, is found harm to certain elements of the trade FOR FURTHER INFORMATION CONTACT: Tara at appendix B of 40 CFR part 300 of the community without producing a P. Volungis (202) 622–3080 (not a toll- National Oil and Hazardous Substances beneficial impact on the law’s free number). Pollution Contingency Plan (NCP). The beneficiaries or achieving a result SUPPLEMENTARY INFORMATION: EPA has determined that all appropriate mandated by law; the proposal would response actions under CERCLA, other create an unacceptable operational Background than operation and maintenance and burden on CBP; and it would create The proposed regulations that are the five-year reviews, have been completed. additional operational burdens on all subject of this correction are under However, this partial deletion does not involved parties, including the section 465 of the Internal Revenue preclude future actions under importers and consignees who may Code. Superfund. The State of Utah, through request confidentiality under the the Utah Department of Environmental current regulation without preparing a Need for Correction Quality (UDEQ), concurs with the power of attorney or authorization As published, the proposed decision for partial deletion of the Site letter. Also, the proposed amendment regulations REG–209377–89, contains from the NPL provided that no adverse raised a number of significant questions, an error that may prove to be misleading comments are received during the as made clear by the comments for and and is in need of clarification. public comment period. against, and as discovered by CBP In the ‘‘Rules and Regulations’’ Correction of Publication during its further review of the matter, section of today’s Federal Register, we indicating that amending the process as Accordingly, the publication of the are publishing a direct final notice of proposed is more complicated and proposed regulations REG–209377–89, partial deletion of the Site without prior problematic than initially contemplated. which is the subject of FR Doc. 03– notice of intent to partially delete This recommends to an additional 17090, is corrected as follows: because we view this as a extent abandonment of the project. 1. On page 40583, column 3, in the noncontroversial revision and anticipate In summary, it is clear that there is no preamble, under the paragraph heading no adverse comments. We have consensus among members of the trade FOR FURTHER INFORMATION CONTACT explained our reasons for this partial community on the value of adopting the paragraph 1, lines 4 and 5, the language deletion in the preamble to the direct proposed regulation and that the greater ‘‘requests for a public hearing, [Insert final partial deletion. If we receive no weight of the comments is persuasively Name], 202–622–7180 (not toll-free’’ is adverse comments on this notice of against adoption. Also, the proposed corrected to read ‘‘requests for a public intent to partially delete or the direct VerDate jul<14>2003 15:39 Aug 12, 2003 Jkt 200001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\13AUP1.SGM 13AUP1 48332 Federal Register / Vol. 68, No. 156 / Wednesday, August 13, 2003 / Proposed Rules final notice of partial deletion, we will List of Subjects in 40 CFR Part 300 petition before the Board to use its not take further action on this notice of Environmental protection, Air exemption authority under 49 U.S.C. intent to partially delete. If we receive pollution control, Chemicals, Hazardous 10502. Petitioners ask the Board to adverse comments, we will withdraw waste, Hazardous substances, adopt a new class exemption for use by the direct final notice of partial deletion Intergovernmental relations, Penalties, small carriers in abandoning rail lines. and it will not take effect. In such case, Reporting and recordkeeping Petitioners claim that the proposal would eliminate current regulatory we will, as appropriate, address all requirements, Water pollution control, incentives for small carriers to delay public comments in a subsequent final Water supply. partial deletion notice based on this abandonment while letting the traffic notice of intent to partially delete. We Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. base and physical condition of low- 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, will not institute a second comment density lines deteriorate; subject exit 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, and entry to the rail industry to market period on this notice of intent to 3 CFR, 1987 Comp., p. 193. partially delete. Any parties interested forces; and increase the dissemination in commenting must do so at this time. Dated: July 31, 2003. of commercial information to facilitate For additional information, see the Robert E. Roberts, the offer of financial assistance (OFA) direct final notice of partial deletion Regional Administrator, U.S. EPA Region 8. procedures. In addition, petitioners which is located in the ‘‘Rules and [FR Doc. 03–20431 Filed 8–12–03; 8:45 am] claim that the proposal would reduce Regulations’’ section of this Federal BILLING CODE 6560–50–P the administrative burdens on the Register. Board. The proposal would allow small carriers to file a notice of exemption DATES: Comments concerning this Site DEPARTMENT OF TRANSPORTATION must be received by September 12, whenever they make the business 2003. Surface Transportation Board decision that a given line was no longer economically viable. Petitioners argue ADDRESSES: Written comments should 49 CFR Part 1152 that their proposal would eliminate be addressed to: Mr. Paul Mushovic delays in the abandonment process and (8EPR–F), Remedial Project Manager, [STB Ex Parte No. 647] allow small carriers to quickly redeploy U.S. EPA Region 8, 999 18th Street, limited assets. This, petitioners Suite 300, Denver, Colorado 80202– Class Exemption for Expedited maintain, would facilitate maintenance 2466, [email protected], (303) Abandonment Procedure for Class II and infrastructure upgrades necessary 312–6662 or 1–800–227–8917. and Class III Railroads for small carriers to continue in operation. FOR FURTHER INFORMATION CONTACT: ACTION: Advance notice of proposed For The proposed notices of exemption rulemaking. information regarding Site deletion, would include 36-months of traffic and contact Mr. Paul Mushovic (8EPR–F), revenue information, a description of Remedial Project Manager, U.S. EPA SUMMARY: The Surface Transportation Board (Board) has received a proposal to the current physical condition of the Region 8, 999 18th Street, Suite 300, line, an estimate of rehabilitation, the Denver, Colorado 80202–2466, create a class exemption under 49 [email protected], (303) 312– U.S.C.