55222 Federal Register/Vol. 64. No. 196/Tuesday, October 12. 1999/Proposed Rules

applicable l-hour ozone standard

budgets for the Bay Area.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order (E.O.)

12866. Regulatory Planning and Review.

B. Executive Order 12875

Under Executive Order 12875.

Enhancing the Intergovernmental

Partnership. EPA may not issue a

regulation that is not required by statute

and that creates a mandate upon a State.

local or.tribal government. unless the

Federal-government provides the funds

necessary to pay the direct compliance

costs.incurred by those governments. or

EPA consults with those governments. If

EPA complies by consulting. Executive

Order 12875 requires EPA to provide to

the Office of Management and Budget a

description of the extent of EPA's prior

consultation with representatives of

affected State. local and tribal

governments. the nature of their

concerns. copies of any written

communications from the governments.

and a statement supporting the need to

issue the regulation. In addition.

Executive Order 12875 requires EPA to

develop an effective process permitting

elected officials and other

representatives of State. local and tribal

governments "to provide meaningful

and timely input in the development of

regulatory proposals containing

significant unfunded mandates."

Today's rule does not create a mandate

on State. local or tribal governments.

The rule does not impose any

enforceable duties on these entities.

Accordingly. the requirements of

section 1(a) of E.O. 12875 do not apply

to this rule.

C. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885. April 2~. 1997).

applies to any rule that: (1)'Is "

determined to be "economically

significant" as defined under E.O.

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 crtterta,

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. This rule is

not subject to E.O. 13045 because it does

not involve decisions intended to

mitigate environmental health or safety

risks.

D. Executive Order 13084

Under Executive Order 13084.

Consultation and Coordination with

Indian Tribal Governments. 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 by

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." Todays rule does not

significantly or uniquely affect the

communities of Indian tribal

governments. Accordingly, the

requirements of section 3(b) of E.O.

13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1990

requires federal agencies to identify

potentially adverse impacts of federal

regulations upon small entities. In

instances where significant impacts are

possible on a substantial number of

these entities. agencies are required to

perform a Regulatory Flexibility

Analysts (RFA).

EPA has determined that today's

regulation will not have a significant

impact on a substantial number of small

entities. This regulation affects federal

agencies and metropolitan planning

organizations. which by definition are

designated only for metropolitan areas

with a population of at least 50,000.

These organizations do not constitute

small entities.

Therefore. as required under section

605 of the Regulatory Flexibility Act. 5

U.S.C. 601 et seq.. I certify that this rule

will not have a Significant economic

impact on a substantial number of small

entities.

F. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of·I·9!'t5

("Unfunded Mandates Act"). signed

into law on March 22. 1995. EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated annual costs to

State. local, or tribal governments in the

aggregate; or to private sector, of $IQO

million or more. Under Section 205.

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or Uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated annual costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements,

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State. local, or tribal

governments. or to the private sector,

result from this action.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons.

Intergovernmental relations, Nitrogen

oxides. Ozone, Volatile organic

compounds.

Authority: 42 U.S.C. 7401 et seq.

Dated: September 27. 1999.

Felicia Marcus.

Regional Administrator. Region IX.

[FR Doc. 99-26556 Filed 10-8-99: 8:45 am]

BILLING CODE 6~

ENVIRONMENTAL PROTECTION

AGENCY ,-

40 CFR Part 271

[FRL-3449-7]

Washington: Final Authorization of

State Hazardous Waste Management

Prog~am Revisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Washington has applied to

EPA for Final authorization of the

changes to its hazardous waste program

under the Resource Conservation and

Recovery Act (RCRA). We propose to
Federal Register/Vol. 64. No. 196/Tuesday. October 12. 1999/Proposed Rules 55223

I

I

(

I

grant final authorization to Washington.

In the "Rules and Regulations" section

of this Federal Register. we are '

authorizing the changes without a prior

proposal because we believe this action

is not controversial and do not expect

comments that oppose it. The Agency

has explained the reasons for this

authorization in the preamble to the

immediate final rule. Unless we get

written comments which oppose this

authorization during the comment

period. the immediate final rule will

become effective. and the Agency will

not take further action on this proposal.

If we get comments that oppose this

, action. EPA will withdraw the

immediate final rule and it will not take

effect. EPA will then address public

comments in a later final rule based on

this proposal. EPA may not provide

further opportunity for comment. Any

parties interested in commenting on this

action must do so at this time.

If we receive comments that oppose

only the authorization of a particular

change to the State hazardous waste

program. we will withdraw that part of

today's authorization rule. However. the

authorization of the program changes

that are not opposed by any comments

will become effective on the date

specified in the immediate final rule.

The Federal Register withdrawal

document will specify which part of the

authorization will become effective. and

which part is being withdrawn.

DATES: Send your written comments by

November 12. 1999.

ADDRESSES: Send written comments to

Nina Kocourek U.S. Environmental

Protection Agency, Region 10, 1200

Sixth Avenue. WCM-122. Seattle WA,

98101. Phone: (206) 553-6502. You can

examine copies of the materials

submitted by Washington during normal

business hours at the following

locations;..EPARegion LO Libr~ •.1200

'Sixth Avem;~.. Seattle~W.A. 98'iOl. (2:06)

~5_5~-125.9;· c0d th.e;W~hington)-·

Department qf~9log}\. 300 Desmond

Drive. Laf-~y,~W~ 98593. contact

Patdcia l{erv:i,el,lX at(~O) 407-6756.

FO~ FUA1jtEA'iN~OAM~iJONCONTACT:

't,ana-Kdtolirek U.S>'Environrrlental

Prbt~.cHpI.l:Agehcy. Region 10: 1?09 ' ..

.Sixth Averit.le,"WCM-122. Seattle. WA

9810 L.pHone:. (?06) 55'3':'650Z. ' • .. " 1~ . .

SUPPLEMENTARY.lNFORMATION: For

.addttional information. please see the'

tmrnedtate ftnalrule published in the

-:'Rclles'and Regulattohs'' section of this

~~tJ:eral Register. ,I.

... .. '..

Dated: September 24. 1999.

Chuck Clarke.

Regional Administrator, Region 10.

[FR Doc. 99-25560 Filed 10-8-99: 8:45 arn]

BIWNG CODe 6560-50-1'

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA No. 99-1881, MM Docket No. 99-284,

RM-9697]

Radio Broadcasting Services;

Galveston and Missouri City, TX

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition filed by KQQK

License. Inc .. proposing the reallotment

of Channel 293C from Galveston. Texas.

to Missouri City. Texas. as that

community's first local service and

modification of its license for Station

KQQK to specify Missouri City as its

community of license. The coordinates

for Channel 293C at Missouri City are

29-16-03 and 95-10-09. In accordance

with Section 1.420(i) of the

Commission's Rules. we shall not accept

competing expressions of interest in the

use of Channel 293C at Missouri City.

DATES: Comments must be filed on or,

before November 8. 1999. and reply

comments on or before November 23.

1999.

ADDRESSES: Federal Communications

Commission. Washington. DC 20554. In

addition to filing comments with the

FCC. interested parties should serve the

petitioner's counsel. as follows:

Lawrence Roberts. May L. Plantamura.

Davis Wright Tremaine LLP. 1155

Connecticut Ave .. NW. suite 700.

Washington. DC 20036.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau. (202)418-'2180.' ,

SUPPLEM~rh';R~ INFORMATION: This is a

summary.'ofthe Commission's Notice of

Proposed Rule Making, MM Docket No.

99-284. adopted September 8. 1999. and

released September 17. 1999. The full

.text of this Commission decision is

:;av'ailable for inspection and copying

during normal business hours in the

Comrrusston's Reference Center. 445

Twelfth S4'~t, SW: Washington. DC; :,.

20554. The complete text of this ' ,.

decision may.also be purchased from'

the Commission's copy contractors., '

International Transcription Services." ,

Inc .. 1~~1'20th Street. NW.. ,

Washington. DC 20036. (202) 857-3800.

facsimtle (202) 857-3805.

Provisions of the Regulatory

Flexibility Act of 1980 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, 99-26423 Filed 10-8-99: 8:45 arn]

BILLING CODe 6712~1-P

FEDERAL COMMUNICAnONS

COMMISSION

47 CFR Part 73

[DA 99-1882, MM Docket No. 99-285, RM9717]

Radio Broadcasting Services;

Keeseville, NY

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by John

Anthony Bulmer seeking the allotment

of Channel 250A to Keeseville. NY, as

the community's first local aural

service. Channel 250A can be allotted to

Keeseville in compliance with the

Commission's minimum distance

separation requirements. with respect to

domestic allotments. without the

imposition of a site restriction, at

coordinates 44-30-18 North Latitude ;.

and 73-28':"50 West Longitude. ."

Keeseville is located within 320 -:;

kilometers (200 miles) of the U.S.-

Canadian border and will result in a

short-spacing to ~.t~tionj!=HOM-FM, .

Channel 249Ch'Monfreal. Quebec.

Therefore. concurrence in the allotment

by the Canadian Government. as\1

specially negotiated short-spaced.

allotment. must be obtained.

DATES: Comments must be filed on or

before November 8. 1999. and reply

comments on orbefore November 17.

1999. ;