### 56086 Federal Register/Vol. 63, No. 203/Wednesday, October 21, 1998/Rules and Regulations

(ii) Additional material. TNRCC certification letter dated June 25, 1997, and signed by Gloria Vasquez, Chief Clerk, TNRCC. [FRDoc. 98 28114 Filed 10 20 98; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 52
[PAl22-4078a; FRL-6178-2]
Approval and Promulgation ofAir Quality Implementation Plans; Commonwealth of Pennsylvania; Withdrawal of Final Rule

AGENCY: Environmental Protection Agency (EPA).
ACTION: Withdrawal ofdirect final rule.

SUMMARY: Due to receipt ofadverse comment, EPA is withdrawing the direct final rule for the approval of revisions to the Pennsylvania State Implementation Plan (SIP). EPA published the direct final rule on September 16, 1998 (63 FR49436), approving revisions to supplement Pennsylvania's enhanced motor vehicle emissions inspection and maintenance (I/M)program. As stated in that Federal Register document, if adverse comments

were received by October 16, 1998, a timely withdrawal would be published in the Federal Register. EPA subsequently received adverse comments on that direct final rule. EPA will address the comments received in

a subsequent final action and issue a final rule based on the parallel proposal also published on September 16, 1998 (63 FR49517). In a separate document appearing in the ProposedRules section, EPA is announcing extension of the comment period on this action.
EFFECTIVE DATE: October21, 1998. FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by email at rehn.brian@epamail.epa.gov.
List ofSubjects in 40 CFR Part52

Environmental protection, Air pollution control, Hydrocarbons, Nitrogen dioxide, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements.

Dated: October 8, 1998. W. Michael McCabe, Regional Administrator, RegionIIL [FRDoc. 98 28112 Filed 10 20 98; 8:45 am]
BILLING CODE 6560-50-P 

### ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6176-6]
Idaho: Final Authorization ofState Hazardous Waste Management Program Revision

AGENCY: Environmental Protection Agency (EPA). ACTION: Immediate final rule.

SUMMARY: Idaho has applied forfinal authorization ofthe revision to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). This authorization addresses regulations promulgated between July 1, 1993 and July 1, 1996 with the exception ofthe Organic Air Emission Standards for Tanks, Surface Impoundments and Containers (Subpart CC standards). The EPA has reviewed Idaho's application and determined that its hazardous waste program revision satisfies all ofthe requirements necessary to qualify for final authorization. Unless adverse written comment is received during the review and comment period provided in this rule, EPA's decision to authorize Idaho's hazardous waste program revision will take effect. DATES: This Final authorization for Idaho will become effective without further notice on January 19, 1999, if the EPA receives no adverse comment by November 20, 1998. Should the EPA receive adverse written comment, the EPA will withdraw this rule before the effective date bypublishing atimely withdrawal in the FederalRegister. ADDRESSES: Mail written comments to JeffHunt, U.S. EPA, Region 10, 1200 Sixth Avenue, Mail stop WCM-122, Seattle, WA 98101, phone, (206) 553- 0256. Copies ofthe materials submitted by Idaho are available during normal business hours atthe following locations: EPA Region 10 Library, 1200 Sixth Avenue, Seattle, WA, 98101, phone (206) 553-1289 and the Idaho Department ofHealth and Welfare, Division ofEnvironmental Quality, Planning and Evaluation Division, 1410 N. Hilton, Boise, Idaho 83706, phone, (208) 373-0502 (Referto Docket numbers: 0105-9401, 0105-9502, 0105- 9601; contact is Pam Smolczynski).
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, U.S. EPA Region 10, Office of Waste and Chemicals Management, 1200 Sixth Avenue, Mail Stop WCM122, Seattle, WA, 98101; phone (206) 553-0256. SUPPLEMENTARY INFORMATION: A. Background States with final authorization under Section 3006(b) ofthe RCRA, 42 U.S. C. 6926(b),have acontinuing obligation to maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal hazardous waste program. As the Federal hazardous waste program changes, the states mustrevise their programs and apply for authorization of the revisions. Revisions to state hazardous waste programs may be necessary when federal or state statutory
orregulatory authority is modified or when certain other changes occur.Most commonly, states must revise their programs because ofchanges to the EPA's regulations in 40 Code ofFederal Regulation (CFR) Parts 124, 260 through 266, 268, 270, 273 and 279.
B. Idaho

Effective on April 9, 1990 (55 FR 11015, March 26, 1990), Idaho was granted final base authorization for those non-HSWA (Hazardous and Solid Waste Amendments of 1984) and HSWA requirements promulgated as ofJuly 1, 1987, and interim authorization forthe HSWA Corrective Action provisions promulgated as ofJuly 1, 1987. Final authorization for those HSWA Corrective Action provisions was granted effective on June 5, 1992 (57 FR 11580, April 6, 1992). Effective on August 10, 1992 (57 FR24757, June 11, 1992), Idaho was granted final authorization for those HSWA and nonHSWA provisions promulgated as of July 1, 1990. On March 30, 1995, Idaho

was granted final authorization for HSWA and non-HSWA provisions promulgated as ofJuly 1, 1993.

Through two codification actions dated December 6, 1990 (55 FR50327), and June 11, 1992 (57 FR24757), the EPA has codified at 40CFR 272 Subpart N all authorization actions for the State ofIdaho RCRA program, which reflect non-HSWA and HSWArequirements promulgated as ofJune 30, 1990.

On September 17, 1996, the Administrator ofthe Idaho Division of Environmental Quality submitted a revised application to obtain final authorization for those non-HSWA and HSWA requirements promulgated as of July 1, 1995. This application was determined complete on October 10, 1996. On October 11, 1996 a petition

was submitted to the EPA askingthat the EPA initiate withdrawal proceedings ofIdaho's's authorization to administer Subtitle CofRCRA. The petition claimed that Idaho's Environmental Audit Protection Act warranted program withdrawal. Idaho's Environmental

HeinOnline -- 63 Fed. Reg. 56086 1998

### Federal Register/Vol. 63, No. 203/Wednesday, October 21, 1998/Rules and Regulations

Audit Protection Act expired on December 31, 1997 rendering thebasis ofthepetition's assertions moot. No withdrawal proceedings were initiated.

On October 3, 1997, Idaho submitted

an updated program revision application, seeking authorization ofits September 17, 1996 program revision amending itwith additional regulations in accordance with 40 CFR271.21. The EPA reviewed Idaho's application, and
now makes an immediate final decision, subject to receipt ofadverse written comment, thatIdaho's hazardous waste program revision satisfies all ofthe requirements necessary toqualify for Idaho's Authorization. Consequently, theEPA intends to grantFinal Authorization for theprogram modifications contained in therevision. The public may submit written comments on EPA's final decision until November 20, 1998. Copies ofIdaho's application for program revision are available for inspection and copying at the locations indicated in the ADDRESSES section ofthis document.

Ifthe EPA does not receive adverse written comment pertaining to Idaho's program revision by the end ofthe comment period, the authorization of Idaho's revision will become effective 90 days from the date this document is published and EPA will take no further action on the companion document appearing in the Proposed Rules Section oftoday's Federal Register. Ifthe Agency does receive adverse written comment, it will publish adocument withdrawing this immediate final rule before its effective date. The EPA will 

### then address the comments in a later finalrule based on the companion document appearing in theProposed Rules section oftoday'sFederal Register.The EPA may notprovide additional opportunity forcomment. Anyparties interested in commenting should do so at this time.

This revision maintains Idaho's regulatory equivalency with the federal RCRA program by incorporating by reference all delegable hazardous waste regulations revised between July 1, 1993 through July 1, 1996 with the exception ofthe Organic AirEmission Standards for Tanks, Surface Impoundments, and Containers (59 FR62896). The following table identifies allthe Federal provisions beingrequested for authorization and are effective state law.

Federal Citation as incorporated by Idaho with Idaho annotations andexceptions

40 CFR Part 260 All subparts as ofJuly 1, 1996. For the purposes of 40 CFR 260.22, Federal Register shall be defined as the Idaho

Administrative Bulletin

. ........................................................................................................................................................ 40 CFR Part 261 All subparts including appendices as of July 1, 1996. Idaho has adopted a state-specific rule which delists chemically

stabilized K061 wasteat EnviroSafe Services of Idaho, Inc

.............................................................................................. 40 CFR Part 262 All subparts as of July 1, 1996 except reference to 40 CFR 265 Subpart CC and that advance notification, annual reports, and exception reports in accordance with 262.53, 262.55, and 262.56 shall be filedwith the EPA Regional Administrator and the Director of IDHW shall be copied. All references to EPA in 262.51, 262.54(g)(1) and 262.57(b) shall remain defined as EPA. In addition to the Emergency Notification Requirements in 40 CFR 262.34(a)(4), the State Communications Center must also be contacted at 1-800-362-8000

.................................................................... 40 CFR Part 263 Allsubparts as ofJuly 1, 1996

. .............................................................................................................................................. 40 CFR Part 264 Allsubparts as ofJuly 1, 1996 except 264.149, 264.150, 264.301(l) and Subpart CC. All references tothe Regional Administrator in 264.12(a) shall be defined as the EPA Regional Administrator

................................................................... 40 CFR Part 265 Allsubparts except Subpart R, Subpart CC, 265.149 and 265.150 as ofJuly 1, 1996

........................................................ 40 CFR Part 266 All subparts except Subparts Aand Bas ofJuly 1, 1996

..................................................................................................... 40 CFR Part 268 All subparts except 268.1(e)(3), 268.5, 268.6, and 268.42(b)as of July 1, 1996. Ifthe Administrator of EPA grants a

case-by-case variance pursuant to 268.5, thatvariance will simultaneously create the same case-by-case variance in the equ iv

alen t Id ah

o rule

.................................................................................................................................................... 40 CFR Part 270 All subparts as of July 1, 1996 except reference to 40 CFR 264 Subpart CC and 40 CFR 265 Subpart CC. For purposes of 40 CFR 270.2, 270.5, 270.10(e)(2), 270.10(e)(3), 270.10(f)(3), 270.72(a)(5) and 270.72(b)(5), EPA shall remain defined as E PA

.......................................................................................................................................................... 40 CFR Part 273 Allsubparts as ofJuly 1, 1996

............................................................................................................................................... 40 CFR Part 279 Allsubparts as ofJuly 1, 1996

............................................................................................................................................... 40 CFR Part 124 Subparts A and Bonly as of July 1, 1996, except that the fourth sentence of 40 CFR 124.31(a), the third sentence of

40 CFR 124.32(a), and the second sentence of 40 CFR 124.33(a) are expressly omitted from the incorporation by reference of each of those subsections. For purposes of40 CFR 124.6(e), 124.10(b) and 124.10(c)(1)(ii) EPA shall

remaindefined as EP A

....................................................................................................................................................... RCRA 3005(j)

................................................................................................................................................................................. RCRA 3006(f)

................................................................................................................................................................................ 

## 56087

State rule Citation (IDAPA)

16.01.05.004

16.01.05.005

16.01.05.006

16.01.05.007

16.01.05.008

16.01.05.009

16.01.05.010

16.01.05.011

16.01.05.012

16.01.05.016

16.01.05.015

16.01.05.013 16.01.05.014 16.01.05.997 

### i

HeinOnline -- 63 Fed. Reg. 56087 1998

### 56088 Federal Register/Vol. 63, No. 203/Wednesday, October 21, 1998/Rules and Regulations

The State ofIdaho is notbeing authorized to operate in any Indian country.
C.Decision

I conclude that Idaho's application for program revision authorization meets all ofthe statutory and regulatory requirements established by RCRA. Accordingly, the EPA grants Idaho Final Authorization to operate its hazardous waste program as revised. Idaho now has responsibility for permitting treatment, storage, and disposal facilities within its borders (except in Indian country) and for carrying out the aspects ofthe RCRA program described in its revised program application, subject to the limitations ofthe HSWA. Any subsequent changes to the Federal program that occurred after July 1, 1996

are not part ofIdaho's authorized RCRA program. Idaho also has primary enforcement responsibilities, although the EPA retains the right to conduct inspections under section 3007 of RCRA, 42 U.S.C. 6927, and to take enforcement actions under sections 3008, 3013 and 7003 ofRCRA, 42U.S.C. 6928, 6934 and 6973.
D. Codification in Part 272

The EPA uses 40CFRpart 272 for codification ofthe decision to authorize Idaho's program and for incorporation by reference ofthose provisions ofits statutes and regulations the EPA will enforce under sections 3008, 3013 and 7003 ofRCRA. The EPA reserves amendment of40 CFRpart 272, Subpart N until alater date.
E. Unfunded Mandates

EPA has determined that the approval action promulgated does not include a Federal mandate that may result in estimated 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.
F. Regulatory Flexibility Act

Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601, etseq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996), whenever an agency is required to publish a notice ofproposed rulemaking under the Administrative Procedure Act

or any other statute, it mustprepare and make available for public comment a regulatory flexibility analysis that describes the effect ofthe rule on small 

### entities (i.e., smallbusinesses, small organizations, and small governmental jurisdictions). This analysis is not required, however, ifthe agency's administrator certifies that the rule will not have a significant economic impact

on a substantial number ofsmall entities.

The EPA has determined that this rule will not have a significant economic impact on a substantial number ofsmall entities. Today's rule does not impose any federal requirements on regulated entities, whether large or small. Instead, today's rule effects an administrative change by authorizing the State to implement its hazardous waste program in lieu ofthe Federal RCRA program. Today's rule carries out Congress' intent under RCRA that states should be authorized to implement their own hazardous waste programs as long as those programs are equivalent to, and no less stringent than, the Federal hazardous waste program. In this case, to the extent that the State's hazardous waste program is more stringent than the Federal program, any new requirements imposed on the regulated community apply by virtue ofstate law, not because ofany new Federal requirement imposed pursuant to today's rule.

Pursuant to the provision at 5 U.S.C. 605(b),the Agency hereby certifies that this rule will not have a significant economic impact on a substantial number ofsmall entities. Thisrule, therefore, does not require a regulatory flexibility analysis.
G. Submission to Congress and the 

### ComptrollerGeneral

Congressional Review Act, 5 U.S.C. 801 etseq., as added bythe Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit arule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This rule is not a "major rule" as defined by 5 U.S.C. 804(2). 

### H. Executive Order12866

The Office ofManagement and Budget (OMB)has exempted this regulatory action from Executive Order (E.O.) 12866, entitled "Regulatory Planning and Review.
I. Executive Order12875

Under E.O. 12875, EPA may notissue

aregulation 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 bythose governments. Ifthe mandate is unfunded, EPA mustprovide to the Office ofManagement and Budget a description ofthe extent ofEPA's prior consultation with representatives of affected state, local, and tribal governments, the nature oftheir
concerns, copies ofwritten communications from the governments, and a statement supporting the need to issue the regulation. In addition, E.O. 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 ofregulatory 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) ofE.O. 12875 do not apply to this rule.
J. Executive Order13045

Protection ofChildren from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is determined to be 'economically significant' as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe mayhave 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.

This rule is not subject to E.O. 13045 because it is does not involve decisions intended to mitigate environmental health or safety risks.
K Executive Order13084

Under E.O. 13084, EPA may notissue

aregulation that is not required by statute, that significantly affects or uniquely affects the communities of Indian tribal governments, and that imposes substantial direct compliance costs on those communities, unless the

HeinOnline -- 63 Fed. Reg. 56088 1998

### Federal Register/Vol. 63, No. 203/Wednesday, October 21, 1998/Rules and Regulations

Federal government provides the funds necessary to pay the direct compliance costs incurred by the tribal governments. Ifthe mandate is unfunded, EPA must provide to the Office ofManagement and Budget, in a separately identified section ofthe 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, representatives ofIndian tribal governments "to provide meaningful and timely input in the development ofregulatory policies on matters that significantly or uniquely affect their communities." Today's rule does not significantly oruniquely affect the communities ofIndian tribal governments. Accordingly, the requirements ofsection 3(b) ofE.O. 13084 do not apply to this rule.
L. Paperwork Reduction Act

Under the Paperwork Reduction act, 44 U.S.C. 3501 etseq., 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.
M. National Technology Transferand Advancement Act

Section 12(d) ofthe National Technology Transfer and Advancement Act of 1995 ("NTTAA"), Public Law 104-113 section 12(d) (15 U.S.C. 272) directs the EPA to use voluntary

consensus standards in its regulatory activities unless to do so would be standards inconsistent with applicable law or otherwise impractical. Voluntary

consensus standard 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, the EPA did not consider the use ofany voluntary

consensus standards.
Listof Subjects in 40 CFR Part271

Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous Waste transportation, Indian land, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Water pollution control, Water supply.

Authority: This document is issued under the authority ofSections 2002(a)3006 and 7004(b) oftheSolid Waste DisposalAct, as amended, 42U.S.C. 6912(a), 6926, 6974(b).

Dated: October 6, 1998. Chuck Clarke, RegionalAdministrator,U.S. Environmental Protection Agency, Region 10. [FR Doc. 98 27702 Filed 10 20 98; 8:45 am]
BILLING CODE 6560-50-P



### GENERAL SERVICES
ADMINISTRATION

41 CFR Part 101-44 [FPMRAmdt. H-200] RIN3090-AG77
Donations ToService Educational Activities
AGENCY: Office ofGovernmentwide Policy, GSA. ACTION: Final rule.
SUMMARY: This document amends the regulation issued by GSA for donations made to educational activities ofspecial interest to the armed services. The amendment is necessary to comply with subsection 203(j)(2) ofthe Federal Property and Administrative Services Act of 1949, as amended. Subsection 203(j)(2) requires all donations of surplus property under the control of the Department ofDefense (DOD)to service educational activities (SEAs) to be made through State Agencies for Surplus Property (SASPs). Currently, SEAs acquire property directly from DOD disposal facilities. EFFECTIVE DATE: Thisrule is effective December 21, 1998. FOR FURTHER INFORMATION CONTACT: Martha Caswell, Director, Personal Property Management Policy Division (202-501-3846). SUPPLEMENTARY INFORMATION: This rule finalizes the proposed amendments to 41 CFR 101-44.4 that were published for comment at 63 FR42310 on August 7, 1998. Since no comments were received, the proposed revisions are being issued as afinal rule without change.

Under this rule, the SASPs will

assume responsibilities that were previously performed by the DOD including: (1) Distributing the donated property to the SEAs; (2) conducting utilization surveys and reviews during the period ofrestriction to ensure that donated property is beingused bythe SEA donees for the purposes for which it was donated; and (3) monitoring compliance bythe SEA donees with the conditions specified in §101-44.208 (except for §§ 101-44.208(a)(3) and (4)).

Additionally, itis important to note that the SEAs are not subject to any additional terms, conditions, reservations, orrestrictions imposed by the SASPs. This exemption is provided by subsection 203(j)(4)(E) ofthe Federal Property and Administrative Services Act of 1949, as amended (40U.S.C. 484(j)(4)(E)). Therefore, new §§ 101- 44.400(c)(5) and 101-44.401(b) specifically state that regulatory provisions at §§ 101-44.208(a)(3) and (4) governing the imposition by SASPs of additional terms, conditions, reservations, orrestrictions do not apply to donations ofsurplus DODpersonal property to eligible SEAs.

This rule is not a major rule for the purposes ofExecutive Order 12866. Thisrule is not required to be published in the Federal Register for notice and comment. Therefore, the Regulatory Flexibility Act does not apply.

The Paperwork Reduction Act does not applybecause the rule does not impose recordkeeping or information collection requirements or the collection ofinformation from offerors, contractors, or members ofthe public which require the approval ofOMB under 44 U.S.C. 3501-3520. This rule also is exempt from congressional review prescribed under 5 U.S.C. 801 since itrelates solely to agency management and personnel.

The rule is written in a new, simpler to read and understand, question and

answer format. In the new format, a question and its answer combine to establish arule. This means the employee and the agency must follow the language contained in both the question and its answer. List ofSubjects in 41 CFRPart101-44

Government property management, Reportingrequirements, Surplus Government property.

For the reasons stated in the preamble, GSA amends 41 CFRpart 101-44 as follows:


### PART 101-44-DONATION OF PERSONAL PROPERTY

1. The authority citation for 41 CFR part 101-44 continues to read as follows:

Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)).

2. Subpart 101-44.4 is revised to read

as follows: 

## 56089

HeinOnline -- 63 Fed. Reg. 56089 1998

### Federal Register/Vol. 63, No. 203/Wednesday, October 21, 1998/Proposed Rules

Dated: October 8, 1998. W. Michael McCabe, Regional Administrator, RegionIlL [FRDoc. 98 28113 Filed 10 20 98; 8:45 am]
BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271 [FRL-6176-6]

Idaho: Final Authorization ofState Hazardous Waste Management Program Revisions
AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule.
SUMMARY: The EPA proposes to grant final authorization to the hazardous waste program revisions submitted by the State ofIdaho. In the final rules section ofthis Federal Register, EPA is authorizing the State's program revisions as an immediate final rule because EPA views this action as noncontroversial and anticipates no adverse comments. A detailed rationale for the authorization is set forth in the immediate final rule. Ifno adverse written comment is received on this action, the immediate final rule will become effective and no further activity will occur in relation to thisproposal. IfEPAreceives adverse written comment, EPA will withdraw the immediate final rule before its effective date by publishing a withdrawal in the Federal Register. EPA will then respond to public comments in a later final rule based on this proposal. EPA may not provide further opportunity for comment. Anyparties interested in commenting on this action should do so at this time. DATES: Written comments must be received on or before November 20, 1998. ADDRESSES: Mail written comments to JeffHunt, U.S. EPA, Region 10, 1200 Sixth Avenue, Mail stop WCM-122, Seattle, WA 98101, phone, (206) 553- 0256. Copies ofthe materials submitted by Idaho are available during normal business hours at the following locations: EPA Region 10Library, 1200 Sixth Avenue, Seattle, WA, 98101, phone (206) 553-1289 and the Idaho Department ofHealth and Welfare, Division ofEnvironmental Quality, Planning and Evaluation Division, 1410 N. Hilton, Boise, Idaho 83706, phone, (208) 373-0502 (Referto Docket numbers: 0105-9401, 0105-9502, 0105- 9601; contact is Pam Smolczynski). FOR FURTHER INFORMATION CONTACT: Jeff Hunt, U.S. EPA, Region 10, 1200 Sixth Avenue, Mail Stop WCM-122, Seattle, WA, 98101, phone (206) 553-0256. SUPPLEMENTARY INFORMATION: For additional information see the immediate final rule published in the rules section ofthis Federal Register.

Dated: October 6, 1998. Chuck Clarke, RegionalAdm inistrator, Region 10. [FR Doc. 98 27703 Filed 10 20 98; 8:45 am]
BILLING CODE 6560-50-P

DEPARTMENT OFTHE INTERIOR

Fish and WildlifeService

50 CFR Part 17
RIN 1018-AFOO Endangered and Threatened Wildlife and Plants; Proposed RuleTo Delist the Dismal Swamp Southeastern Shrew (Sorex longirostrisfisheri)
AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule.
SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to remove the Dismal Swamp southeastern shrew (Sorex longirostris fisheriMerriam) from the List ofEndangered and Threatened Wildlife. The Dismal Swamp southeastern shrew was listed as a threatened species in 1986 under the Endangered Species Act of 1973, as amended (Act). New data indicate that this species is more widely distributed than previously believed, is fairly abundant within its range, occurs in a wide variety ofhabitats, and is genetically secure. The Service concludes that the data supporting the original classification were incomplete and that the new data indicate removing the Dismal Swamp southeastern shrew from the List ofEndangered and Threatened Wildlife is warranted. DATES: Comments from all interested parties must be received by December 21, 1998. Public hearing requests must be received byDecember 7, 1998. ADDRESSES: Comments and materials concerning this proposal should be sent to the Virginia Field Office, U.S. Fish and Wildlife Service, P.O. Box 99, 6669 Short Lane, Gloucester, Virginia 23061. The complete file for this rule is available for inspection by appointment, during normal business hours at the above address. FOR FURTHER INFORMATION CONTACT: Cynthia A. Schulz, Fish and Wildlife Biologist, at the above address (telephone 804/693-6694, extension 127; facsimile 804/693-9032). SUPPLEMENTARY INFORMATION: Background

The Dismal Swamp southeastern shrew is a small, long-tailed shrew with

abrown back, slightly palerunderparts, buffy feet, and arelatively short, broad

nose (Handley 1979a). It weighs 3 to 5 grams and measures up to 10 centimeters in length. The species was first described as Sorexfisheriby C.H. Merriam (Merriam 1895). Merriam's description was based on four specimens trapped nearLake Drummond, Virginia byA.K. Fisher of the U.S. Department ofAgriculture's Bureau ofBiological Surveys. Rhoads and Young (1897) captured a specimen in Chapanoke, Perquimans County, North Carolina, that seemed intermediate between S.fisheri and the southeastern shrew (Sorex longirostris Bachman) (Handley 1979b). Jackson (1928) subsequently reduced S.fisheri to a subspecies ofS. longirostris. Three subspecies ofsoutheastern shrew are
now recognized-Sorexlongirostris eionis,which occurs in the northern two-thirds ofpeninsular Florida (Jones
etal. 1991); S. 1. fisheri,which occurs in southeastern Virginia and eastern North Carolina; and S. 1.longirostris, which occurs in the rest ofthe range that extends through eastern Louisiana, eastern Oklahoma, and Missouri, then eastward through central Illinois and Indiana, southern Ohio, and Maryland. Jones etal. (1991) examined the taxonomic status ofthese three subspecies and verified substantial size differences among them. The authors found that S. 1.eioniswas significantly larger in four cranial measurements when compared with the other two subspecies; S. 1. fisheriwas significantly large in one cranial and one external measurement; and S. 1.longirostrishad

arelatively short palate and rostrum,
narrow skull, and short foot and tail. This study confirmed the subspecific status ofS. 1. fisheri. Apart from alitter offive young found in a nest in the Dismal Swamp in 1905, littleis known about reproduction or other life history features ofSorex longirostrisfisheri (Handley 1979b). However, more is known about the life history ofother Sorex species, and this information may apply to S. I.fisheri. Sorex longirostris reproduces from March through October, and it is likely that two litters areborn each year, with

one to six young produced per litter (Websteret al. 1985). Nests are shallow depressions lined with dried leaves and 

## 56128

HeinOnline -- 63 Fed. Reg. 56128 1998