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

applicable l-hourozone standard budgets for the Bay Area.

IV. Administrative Requirements
A. 

### Executive Order 12866

The Office ofManagement 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 thatcreates a mandateupon a State. local or.tribal government. unless the Federal-governmentprovides the funds necessary to pay the direct compliance 

### costs.incurred by those governments. or EPAconsults with those governments. If EPAcomplies by consulting. Executive Order 12875 requires EPA to provide to the Office ofManagement and Budget a description of the extent of EPA's prior consultation with representatives of affected State. local and tribal governments. the nature oftheir

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 ofState. local and tribal governments "to provide meaningful and timely input in the development of regulatory proposals containing significantunfunded 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 ofChildren 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 otherpotentially effective andreasonably feasible alternatives considered by the Agency. This rule is
not subjectto 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 EPAconsults 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 ofEPA's prior consultation with representatives ofaffected tribal governments. a summary ofthe nature oftheir 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 ofIndian 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 ofIndian tribal governments. Accordingly, the requirements ofsection 3(b) of E.O. 13084 do not apply to this rule.



### E. RegulatoryFlexibilityAct

The Regulatory Flexibility Act of 1990 requires federal agencies to identify potentially adverse impacts offederal regulations upon small entities. In instances where significant impacts are possible on a substantial numberof 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 numberofsmall 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 ofthe Regulatory Flexibility Act. 5 U.S.C. 601 et

### seq.. Icertify that this rule will not have a Significanteconomic impact on a substantial numberofsmall entities. 

### F. 

### UnfundedMandates
UnderSection 202 of the Unfunded Mandates ReformAct of·I·9!'t5 ("Unfunded Mandates Act"). signed into law on March 22. 1995. EPA must prepare a budgetary impact statementto 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. UnderSection 205. EPA must selectthe most cost-effective and leastburdensome alternative that achieves the objectives of the rule and is consistentwith 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 ofSubjects 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. RegionalAdministrator. 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 ofthe changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). We propose toFederal 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 ofthis Federal Register. we are ' authorizing the changes without aprior proposal because we believe this action is not controversial and do not expect comments thatoppose 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 thatoppose this

,action. EPA will withdraw the immediate final rule and it will not take effect. EPA will then address public
comments in a laterfinal rule based on this proposal. EPA may not provide further opportunityfor comment. Any parties interested in commenting on this action mustdo so at this time.

If we receive comments thatoppose only the authorization of aparticular change to the State hazardous waste program. we will withdraw thatpart of today's authorization rule. However. the authorization ofthe 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 partof 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 KocourekU.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 

### Patdcial{erv:i,el,lX**at(~O)** 407-6756.

### FO~**FUA1jtEA'iN~OAM~iJON** CONTACT: 't,ana-Kdtolirek U.S>'Environrrlental

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

.. .Sixth Averit.le,"WCM-122. Seattle. WA 9810L.pHone:. 

### (?06) 55'3':'650Z. '

•

.. "**1~** . . SUPPLEMENTARY.lNFORMATION: For .addttional information. please see the' tmrnedtateftnalrule published in the -:'Rclles'andRegulattohs'' section ofthis**~~tJ:eral** Register. ,I.



## ... .. '



### .. Dated: September24. 1999. ChuckClarke. RegionalAdministrator, 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 apetition filed by KQQK License. Inc .. proposing the reallotment ofChannel 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 oflicense. The coordinates for Channel 293C at Missouri City are 29-16-03 and 95-10-09. In accordance with Section 1.420(i) ofthe Commission's Rules. we shall not accept competing expressions of interest in the

use ofChannel 293C at Missouri City.

DATES: Comments mustbe 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 servethe petitioner's counsel. as follows: Lawrence Roberts. May L. Plantamura. Davis WrightTremaine LLP. 1155 ConnecticutAve .. 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 DocketNo. 99-284. adopted September 8. 1999. and released September 17. 1999. The full

.text ofthis 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 ofthis '

,. 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 FlexibilityAct of 1980 do not apply to this proceeding.

Members of the public should note that from the time aNotice ofProposed Rule Making is issued until the matter is no longer subjectto Commission consideration or courtreview. all 

### ex partecontacts are prohibitedin Commission proceedings. such as this

one. which involve channel allotments. See 47 CFR 1.1204(b) forrules governing permissible 

### expartecontact.

For information regarding proper filing procedures for comments. see 47 CFR 1.415 and 1.420.
List ofSubjects in 47 CFRPart 73

Radio broadcasting.

Federal Communications Commission, John A. Karousos, Chief. AllocationsBranch. PolicyandRules Division. MassMedia Bureau. [FR Doc, 99-26423 Filed 10-8-99: 8:45 arn]

BILLING CODe**6712~1-P**

FEDERAL COMMUNICAnONS COMMISSION

47 CFR 

### Part73
[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 apetition filed byJohn Anthony Bulmerseeking the allotment ofChannel 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':"50West 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. mustbe obtained.
DATES: Comments mustbe filed on or before November 8. 1999. and reply comments on orbefore November 17. 1999. ;