Federal Register / Vol. 65, No. 90 / Tuesday, May 9, 2000 / Rules and Regulations 26755

significantly or uniquely affects the

communities of Indian tribal

governments. The State is not

authorized to implement the RCRA

hazardous waste program in Indian

country. This action has no effect on the

hazardous waste program that EPA

implements in the Indian country

within the State.

Paperwork Reduction Act

Under the Paperwork Reduction Act,

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

must consider the paperwork burden

imposed by any information request

contained in a proposed rule or a final

rule. This rule will not impose any

information requirements upon the

regulated community.

National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (‘‘NTTAA’’), Public Law

104–113, section 12(d) (15 U.S.C. 272

note) directs EPA to use voluntary

consensus standards in its regulatory

activities unless to do so would be

inconsistent with applicable law or

otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., materials specifications,

test methods, sampling procedures, and

business practices) that are developed or

adopted by voluntary consensus

standards bodies. The NTTAA directs

EPA to provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

This action does not involve technical

standards. Therefore, EPA did not

consider the use of any voluntary

consensus standards.

List of Subjects in 40 CFR Part 271

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous waste, Hazardous waste

transportation, Indian country,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements.

Authority: This action is issued under the

authority of sections 2002(a), 3006 and

7004(b) of the Solid Waste Disposal Act as

amended 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: April 28, 2000.

Jack W. McGraw,

Acting Regional Administrator, Region VIII.

[FR Doc. 00–11420 Filed 5–8–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–6601–4]

South Dakota: Final Authorization of

State Hazardous Waste Management

Program Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is granting final

authorization to the hazardous waste

program revisions submitted by South

Dakota. The Agency published a

proposed rule on August 10, 1999 at 64

FR 43331 and provided for public

comment. The public comment period

ended on September 9, 1999. No

comments were received regarding

Resource Conservation and Recovery

Act (RCRA) program issues and no

further opportunity for comment will be

provided.

DATES: This authorization will be

effective on June 8, 2000.

ADDRESSES: You can view and copy

South Dakota’s applications at the

following addresses:

SDDENR, from 9 AM to 5 PM, Joe Foss

Building, 523 E. Capitol, Pierre, South

Dakota 57501–3181. Contact: Carrie

Jacobson, phone number (605) 773–

3153; and

EPA Region VIII, from 8 AM to 4 PM,

999 18th Street, Suite 500, Denver, CO

80202–2466. Contact: Kris Shurr,

phone number: (303) 312–6139.

FOR FURTHER INFORMATION CONTACT: Kris

Shurr, EPA Region VIII, 999 18th Street,

Suite 500, Denver, CO 80202–2466,

phone number: (303) 312–6139.

SUPPLEMENTARY INFORMATION: On August

1, 1997, September 3, 1997, and March

23, 1999, South Dakota submitted final

complete program revision applications

seeking authorization of their changes in

accordance with 40 CFR 271.21. We

now make a final decision that South

Dakota’s hazardous waste program

revisions satisfy all of the requirements

necessary to qualify for final

authorization. For a list of rules that

become effective with this final rule,

please see the proposed rule published

in the August 10, 1999 Federal Register

at 64 FR 43331.

How This Action Affects Indian

Country in South Dakota

South Dakota is not authorized to

carry out its hazardous waste program

in Indian country, as defined in 18

U.S.C. 1151. This includes, but is not

limited to: Lands within the exterior

boundaries of the following Indian

Reservations located within the State of

South Dakota:

a. Cheyenne River Indian Reservation.

b. Crow Creek Indian Reservation.

c. Flandreau Indian Reservation.

d. Lower Brule Indian Reservation.

e. Pine Ridge Indian Reservation.

f. Rosebud Indian Reservation.

g. Standing Rock Indian Reservation.

h. Yankton Indian Reservation

EPA held a public hearing on

December 2, 1999, in Badlands National

Park, South Dakota, and accepted public

comments on the question of the

location and extent of Indian country

within the State of South Dakota. In a

forthcoming Federal Register notice,

EPA will respond to comments and

more specifically identify Indian

country areas in the State of South

Dakota.

Regulatory Analysis and Notices

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to State, local,

and tribal governments, in the aggregate,

or to the private sector, of $100 million

or more in any one year. Before

promulgating an EPA rule for which a

written statement is needed, section 205

of the UMRA generally requires EPA to

identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, most costeffective or least burdensome alternative

that achieves the objectives of the rule.

The provisions of section 205 do not

apply when they are inconsistent with

applicable law. Moreover, section 205

allows EPA to adopt an alternative other

than the least costly, most cost-effective

or least burdensome alternative if the

Administrator publishes with the final

rule an explanation why that alternative

was not adopted. Before EPA establishes

any regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

26756 Federal Register / Vol. 65, No. 90 / Tuesday, May 9, 2000 / Rules and Regulations

the development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

EPA has determined that section 202

and 205 requirements do not apply to

today’s action because this rule does not

contain a Federal mandate that may

result in annual expenditures of $100

million or more for State, local, and/or

tribal governments in the aggregate, or

the private sector. Costs to State, local

and/or tribal governments already exist

under the State program, and today’s

action does not impose any additional

obligations on regulated entities. In fact,

EPA’s approval of State programs

generally may reduce, not increase,

compliance costs for the private sector.

Further, as it applies to the State, this

action does not impose a Federal

intergovernmental mandate because

UMRA does not include duties arising

from participation in a voluntary federal

program.

The requirements of section 203 of

UMRA also do not apply to today’s

action because this rule contains no

regulatory requirements that might

significantly or uniquely affect small

governments. Although small

governments may be hazardous waste

generators, transporters, or own and/or

operate TSDFs, they are already subject

to the regulatory requirements under the

existing State laws that are being

authorized by EPA, and, thus, are not

subject to any additional significant or

unique requirements by virtue of this

program approval.

Certification Under the Regulatory

Flexibility Act (RFA), as Amended by

the Small Business Regulatory

Enforcement Fairness Act of 1996

(SBREFA), 5 U.S.C. 601 et seq.

The RFA generally requires an agency

to prepare a regulatory flexibility

analysis of any rule subject to notice

and comment rulemaking requirements

under the Administrative Procedure Act

or any other statute unless the agency

certifies that the rule will not have a

significant economic impact on a

substantial number of small entities.

Small entities include small businesses,

small organizations, and small

governmental jurisdictions.

For purposes of assessing the impacts

of today’s action on small entities, small

entity is defined as: (1) A small business

as specified in the Small Business

Administration regulations; (2) a small

governmental jurisdiction that is a

government of a city, county, town,

school district or special district with a

population of less than 50,000; and (3)

a small organization that is any not-forprofit enterprise which is independently

owned and operated and is not

dominant in its field.

After considering the economic

impacts of this authorization on small

entities, I certify that this action will not

have a significant economic impact on

a substantial number of small entities.

This action does not impose any new

requirements on small entities because

small entities that are hazardous waste

generators, transporters, or that own

and/or operate TSDFs are already

subject to the regulatory requirements

under the State laws which EPA is now

authorizing. This action merely

authorizes for the purpose of RCRA

section 3006 those existing State

requirements.

Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. The EPA will

submit a report containing this rule and

other required information to the U.S.

Senate, the U.S. House of

Representatives and the Comptroller

General of the United States prior to

publication of the rule in today’s

Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of Executive Order 12866.

Compliance With Executive Order

13132 (Federalism)

Executive Order 13132, entitled

‘‘Federalism’’ (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

the Executive Order to include

regulations that have ‘‘substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’

Under section 6 of Executive Order

13132, EPA may not issue a regulation

that has federalism implications, that

imposes substantial direct compliance

costs, and that is not required by statute,

unless the Federal government provides

the funds necessary to pay the direct

compliance costs incurred by State and

local governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. EPA also may not issue a

regulation that has federalism

implications and that preempts State

law unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

This authorization does not have

federalism implications. It will not have

a substantial direct effect on States, on

the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132, because this

rule affects only one State. This action

simply approves the State’s proposal to

be authorized for updated requirements

of the hazardous waste program that the

State has voluntarily chosen to operate.

Further, as a result of this action, newly

authorized provisions of the State’s

program now apply in lieu of the

equivalent Federal program provisions

implemented by EPA under HSWA.

Affected parties are subject only to those

authorized State program provisions, as

opposed to being subject to both Federal

and State regulatory requirements.

Thus, the requirements of section 6 of

the Executive Order do not apply.

Compliance With Executive Order

13045

Executive Order 13045, ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks,’’ applies to any

rule that: (1) The Office of Management

and Budget determines is ‘‘economically

significant’’ as defined under Executive

Order 12866; and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

EPA interprets Executive Order 13045

as applying only to those regulatory

actions that are based on health or safety

risks, such that the analysis required

under section 5–501 of the Order has

the potential to influence the regulation.

This rule is not subject to Executive

Federal Register / Vol. 65, No. 90 / Tuesday, May 9, 2000 / Rules and Regulations 26757

Order 13045 because it authorizes a

state program.

Compliance With Executive Order

13084

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies

with consulting, Executive Order 13084

requires EPA to provide to the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA’s

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting

elected officials and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’

This rule is not subject to Executive

Order 13084 because it does not

significantly or uniquely affects the

communities of Indian tribal

governments. The State is not

authorized to implement the RCRA

hazardous waste program in Indian

country. This action has no effect on the

hazardous waste program that EPA

implements in the Indian country

within the State.

Paperwork Reduction Act

Under the Paperwork Reduction Act,

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

must consider the paperwork burden

imposed by any information request

contained in a proposed rule or a final

rule. This rule will not impose any

information requirements upon the

regulated community.

National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (‘‘NTTAA’’), Public Law

104–113, section 12(d) (15 U.S.C. 272

note) directs EPA to use voluntary

consensus standards in its regulatory

activities unless to do so would be

inconsistent with applicable law or

otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., materials specifications,

test methods, sampling procedures, and

business practices) that are developed or

adopted by voluntary consensus

standards bodies. The NTTAA directs

EPA to provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

This action does not involve technical

standards. Therefore, EPA did not

consider the use of any voluntary

consensus standards.

List of Subjects in 40 CFR Part 271

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous waste, Hazardous waste

transportation, Indian country,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements.

Authority: This action is issued under the

authority of sections 2002(a), 3006 and

7004(b) of the Solid Waste Disposal Act as

amended 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: April 28, 2000.

Jack W. McGraw,

Acting Regional Administrator, Region VIII.

[FR Doc. 00–11421 Filed 5–8–00; 8:45 am]

BILLING CODE 6560–50–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 79

[MM Docket No. 95–176; FCC 00–136]

Implementation of Section 305 of the

Telecommunications Act of 1996,

Closed Captioning and Video

Description of Video Programming:

Accessibility of Emergency

Programming

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document adopts

regulations requiring emergency

information that is provided to viewers

be made accessible to persons with

hearing disabilities. This action is

necessary in order to comply with

section 305 of the Telecommunications

Act of 1996. This action is intended to

further the protection of life, health,

safety, and property, of persons with

hearing disabilities.

DATES: The rule in this document

contains information collection

requirements that are not effective until

approved by the Office of Management

and Budget. The Commission will

publish a document in the Federal

Register announcing the effective date

of this rule. Written comments by the

public on the new information

collection are due July 10, 2000.

ADDRESSES: In addition to filing

comments with the Office of the

Secretary, a copy of any comments on

the information collection contained

herein should be submitted to Judy

Boley, Federal Communications

Commission, Room 1–C804, 445 12th

Street, SW, Washington, DC 20554, or

via the Internet to jboley@fcc.gov.

FOR FURTHER INFORMATION CONTACT:

Marcia Glauberman (202) 418–7200,

TTY (202) 418–7172, or via Internet at

mglauber@fcc.gov. For additional

information concerning the information

collection(s) contained in this

document, contact Judy Boley at (202)

418–0214, or via the Internet at

jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Second

Report and Order, FCC 00–136, adopted

April 13, 2000; released April 14, 2000.

The full text of the Commission’s

Second Report and Order is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room CY–A257) at its

headquarters, 445 12th Street, SW,

Washington, DC 20554, or may be

purchased from the Commission’s copy

contractor, International Transcription

Service, Inc., (202) 857–3800, 1231 20th

Street, NW, Washington, DC 20036, or

may be reviewed via Internet at http://

www.fcc.gov/csb/ or http://

www.fcc.gov/cib/dro.

The Second Report and Order

contains a new information collection

subject to the Paperwork Reduction Act

of 1995 (PRA), Public Law 104–13. It

will be submitted to the Office of

Management and Budget (OMB) for

review under section 3507(d) of the

PRA. OMB, the general public, and

other Federal agencies are invited to

comment on the new information

collection contained in this proceeding.

Paperwork Reduction Act

The Second Report and Order

contains a new information collection.

The Commission, as part of its

continuing effort to reduce paperwork

burdens, invites the general public to

comment on the information collection

contained in this Second Report and

Order as required by the Paperwork

Reduction Act of 1995, Public Law 104–

13. Public and agency comments are

due July 10, 2000. Comments should

address: (a) Whether the new collection

of information is necessary for the

proper performance of the functions of