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.

[FR Doc. 98 28114 Filed 10 20 98; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PAl 22-4078a; FRL-6178-2]

Approval and Promulgation of Air

Quality Implementation Plans;

Commonwealth of Pennsylvania;

Withdrawal of Final Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Withdrawal of direct final rule.

SUMMARY: Due to receipt of adverse

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 Proposed Rules

section, EPA is announcing extension of

the comment period on this action.

EFFECTIVE DATE: October 21, 1998.

FOR FURTHER INFORMATION CONTACT:

Brian Rehn, (215) 814-2176, or by email at rehn.brian @epamail.epa.gov.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Nitrogen dioxide, Intergovernmental

relations, Ozone, Reporting and

recordkeeping requirements.

Dated: October 8, 1998.

W. Michael McCabe,

Regional Administrator, Region IIL

[FR Doc. 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 of State

Hazardous Waste Management

Program Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: Idaho has applied for final

authorization of the 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 of the 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 of the 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 by publishing a timely

withdrawal in the Federal Register.

ADDRESSES: Mail written comments to

Jeff Hunt, U.S. EPA, Region 10, 1200

Sixth Avenue, Mail stop WCM-122,

Seattle, WA 98101, phone, (206) 553-

0256. Copies of the materials submitted

by Idaho are available during normal

business hours at the following

locations: EPA Region 10 Library, 1200

Sixth Avenue, Seattle, WA, 98101,

phone (206) 553-1289 and the Idaho

Department of Health and Welfare,

Division of Environmental Quality,

Planning and Evaluation Division, 1410

N. Hilton, Boise, Idaho 83706, phone,

(208) 373-0502 (Refer to 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) of the RCRA, 42 U.S. C.

6926(b), have a continuing 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 must revise their

programs and apply for authorization of

the revisions. Revisions to state

hazardous waste programs may be

necessary when federal or state statutory

or regulatory authority is modified or

when certain other changes occur. Most

commonly, states must revise their

programs because of changes to the

EPA's regulations in 40 Code of Federal

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 of July 1,

1987, and interim authorization for the

HSWA Corrective Action provisions

promulgated as of July 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 FR 24757, 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 of July 1, 1993.

Through two codification actions

dated December 6, 1990 (55 FR 50327),

and June 11, 1992 (57 FR 24757), the

EPA has codified at 40 CFR 272 Subpart

N all authorization actions for the State

of Idaho RCRA program, which reflect

non-HSWA and HSWA requirements

promulgated as of June 30, 1990.

On September 17, 1996, the

Administrator of the 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 asking that

the EPA initiate withdrawal proceedings

of Idaho's's authorization to administer

Subtitle C of RCRA. The petition

claimed that Idaho's Environmental

Audit Protection Act warranted program

withdrawal. Idaho's Environmental

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Audit Protection Act expired on

December 31, 1997 rendering the basis

of the petition's assertions moot. No

withdrawal proceedings were initiated.

On October 3, 1997, Idaho submitted

an updated program revision

application, seeking authorization of its

September 17, 1996 program revision

amending it with additional regulations

in accordance with 40 CFR 271.21. The

EPA reviewed Idaho's application, and

now makes an immediate final decision,

subject to receipt of adverse written

comment, that Idaho's hazardous waste

program revision satisfies all of the

requirements necessary to qualify for

Idaho's Authorization. Consequently,

the EPA intends to grant Final

Authorization for the program

modifications contained in the revision.

The public may submit written

comments on EPA's final decision until

November 20, 1998. Copies of Idaho's

application for program revision are

available for inspection and copying at

the locations indicated in the

ADDRESSES section of this document.

If the EPA does not receive adverse

written comment pertaining to Idaho's

program revision by the end of the

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

of today's Federal Register. If the

Agency does receive adverse written

comment, it will publish a document

withdrawing this immediate final rule

before its effective date. The EPA will

then address the comments in a later

final rule based on the companion

document appearing in the Proposed

Rules section of today's Federal

Register. The EPA may not provide

additional opportunity for comment.

Any parties 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

of the Organic Air Emission Standards

for Tanks, Surface Impoundments, and

Containers (59 FR 62896). The following

table identifies all the Federal

provisions being requested for

authorization and are effective state law.

Federal Citation as incorporated by Idaho with Idaho annotations and exceptions

40 CFR Part 260

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

A d m in is tra tiv e B u lle tin . ........................................................................................................................................................

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 waste at 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 filed with 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

A ll s u b p a rts a s o f J u ly 1 , 1 9 9 6 . ..............................................................................................................................................

40 CFR Part 264

All subparts as of July 1, 1996 except 264.149, 264.150, 264.301(l) and Subpart CC. All references to the Regional Administrator in 264.12(a) shall be defined as the EPA Regional Administrator ...................................................................

40 CFR Part 265

All subparts except Subpart R, Subpart CC, 265.149 and 265.150 as of July 1, 1996 ........................................................

40 CFR Part 266

A ll subparts except S ubparts A and B as of July 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. If the Administrator of EPA grants a

case-by-case variance pursuant to 268.5, that variance will simultaneously create the same case-by-case variance in

th e e q u iv a le n t Id a h o ru le ....................................................................................................................................................

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 rem a in d e fin e d a s E P A ..........................................................................................................................................................

40 CFR Part 273

A ll s u b p a rts a s o f J u ly 1 , 1 9 9 6 ...............................................................................................................................................

40 CFR Part 279

A ll s u b p a rts a s o f J u ly 1 , 1 9 9 6 ...............................................................................................................................................

40 CFR Part 124

Subparts A and B only 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 of 40 CFR 124.6(e), 124.10(b) and 124.10(c)(1)(ii) EPA shall

re m a in d e fin e d a s E P A .......................................................................................................................................................

R C R A 3 0 0 5 (j) .................................................................................................................................................................................

R C R A 3 0 0 6 (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

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The State of Idaho is not being

authorized to operate in any Indian

country.

C. Decision

I conclude that Idaho's application for

program revision authorization meets all

of the 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 of the RCRA program described

in its revised program application,

subject to the limitations of the HSWA.

Any subsequent changes to the Federal

program that occurred after July 1, 1996

are not part of Idaho'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 of RCRA, 42 U.S.C.

6928, 6934 and 6973.

D. Codification in Part 272

The EPA uses 40 CFR part 272 for

codification of the decision to authorize

Idaho's program and for incorporation

by reference of those provisions of its

statutes and regulations the EPA will

enforce under sections 3008, 3013 and

7003 of RCRA. The EPA reserves

amendment of 40 CFR part 272, Subpart

N until a later 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, et seq., as amended

by the Small Business Regulatory

Enforcement Fairness Act of 1996),

whenever an agency is required to

publish a notice of proposed rulemaking

under the Administrative Procedure Act

or any other statute, it must prepare and

make available for public comment a

regulatory flexibility analysis that

describes the effect of the rule on small

entities (i.e., small businesses, small

organizations, and small governmental

jurisdictions). This analysis is not

required, however, if the agency's

administrator certifies that the rule will

not have a significant economic impact

on a substantial number of small

entities.

The EPA has determined that this rule

will not have a significant economic

impact on a substantial number of small

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 of the 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 of state law,

not because of any 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 of small entities. This rule,

therefore, does not require a regulatory

flexibility analysis.

G. Submission to Congress and the

Comptroller General

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. 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

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 Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order (E.O.)

12866, entitled "Regulatory Planning

and Review.

I. Executive Order 12875

Under E.O. 12875, 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. If the mandate is

unfunded, EPA must 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 written

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 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.

J. Executive Order 13045

Protection of Children 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 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.

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 Order 13084

Under E.O. 13084, EPA may not issue

a regulation 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

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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. If the mandate is

unfunded, EPA must 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, 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." Today's 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.

L. 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.

M. 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)

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 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 land,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

Authority: This document 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: October 6, 1998.

Chuck Clarke,

Regional A dministrator, 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

[FPMR Amdt. H-200]

RIN 3090-AG77

Donations To Service Educational

Activities

AGENCY: Office of Governmentwide

Policy, GSA.

ACTION: Final rule.

SUMMARY: This document amends the

regulation issued by GSA for donations

made to educational activities of special

interest to the armed services. The

amendment is necessary to comply with

subsection 203(j)(2) of the 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 of Defense (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: This rule 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 FR 42310 on August

7, 1998. Since no comments were

received, the proposed revisions are

being issued as a final 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 of restriction to ensure that

donated property is being used by the

SEA donees for the purposes for which

it was donated; and (3) monitoring

compliance by the SEA donees with the

conditions specified in § 101-44.208

(except for §§ 101-44.208(a)(3) and (4)).

Additionally, it is important to note

that the SEAs are not subject to any

additional terms, conditions,

reservations, or restrictions imposed by

the SASPs. This exemption is provided

by subsection 203(j)(4)(E) of the Federal

Property and Administrative Services

Act of 1949, as amended (40 U.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, or restrictions do not apply

to donations of surplus DOD personal

property to eligible SEAs.

This rule is not a major rule for the

purposes of Executive Order 12866.

This rule 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 apply because the rule does not

impose recordkeeping or information

collection requirements or the collection

of information from offerors,

contractors, or members of the public

which require the approval of OMB

under 44 U.S.C. 3501-3520. This rule

also is exempt from congressional

review prescribed under 5 U.S.C. 801

since it relates 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 a rule. This means the

employee and the agency must follow

the language contained in both the

question and its answer.

List of Subjects in 41 CFR Part 101-44

Government property management,

Reporting requirements, Surplus

Government property.

For the reasons stated in the

preamble, GSA amends 41 CFR part

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

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Dated: October 8, 1998.

W. Michael McCabe,

Regional Administrator, Region IlL

[FR Doc. 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 of State

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 of Idaho. In the final rules

section of this 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. If no adverse

written comment is received on this

action, the immediate final rule will

become effective and no further activity

will occur in relation to this proposal.

If EPA receives 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. Any parties 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

Jeff Hunt, U.S. EPA, Region 10, 1200

Sixth Avenue, Mail stop WCM-122,

Seattle, WA 98101, phone, (206) 553-

0256. Copies of the materials submitted

by Idaho are available during normal

business hours at the following

locations: EPA Region 10 Library, 1200

Sixth Avenue, Seattle, WA, 98101,

phone (206) 553-1289 and the Idaho

Department of Health and Welfare,

Division of Environmental Quality,

Planning and Evaluation Division, 1410

N. Hilton, Boise, Idaho 83706, phone,

(208) 373-0502 (Refer to 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 of this Federal Register.

Dated: October 6, 1998.

Chuck Clarke,

Regional A dm inistrator, Region 10.

[FR Doc. 98 27703 Filed 10 20 98; 8:45 am]

BILLING CODE 6560-50-P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AFOO

Endangered and Threatened Wildlife

and Plants; Proposed Rule To Delist

the Dismal Swamp Southeastern

Shrew (Sorex longirostris fisheri)

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 fisheri Merriam) from

the List of Endangered 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 of habitats, 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 of Endangered and

Threatened Wildlife is warranted.

DATES: Comments from all interested

parties must be received by December

21, 1998. Public hearing requests must

be received by December 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

a brown back, slightly paler underparts,

buffy feet, and a relatively 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 Sorexfisheri by C.H.

Merriam (Merriam 1895). Merriam's

description was based on four

specimens trapped near Lake

Drummond, Virginia by A.K. Fisher of

the U.S. Department of Agriculture's

Bureau of Biological 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 of S. longirostris. Three

subspecies of southeastern shrew are

now recognized-Sorex longirostris

eionis, which occurs in the northern

two-thirds of peninsular Florida (Jones

et al. 1991); S. 1. fisheri, which occurs

in southeastern Virginia and eastern

North Carolina; and S. 1. longirostris,

which occurs in the rest of the range

that extends through eastern Louisiana,

eastern Oklahoma, and Missouri, then

eastward through central Illinois and

Indiana, southern Ohio, and Maryland.

Jones et al. (1991) examined the

taxonomic status of these three

subspecies and verified substantial size

differences among them. The authors

found that S. 1. eionis was significantly

larger in four cranial measurements

when compared with the other two

subspecies; S. 1. fisheri was significantly

large in one cranial and one external

measurement; and S. 1. longirostris had

a relatively short palate and rostrum,

narrow skull, and short foot and tail.

This study confirmed the subspecific

status of S. 1. fisheri.

Apart from a litter of five young found

in a nest in the Dismal Swamp in 1905,

little is known about reproduction or

other life history features of Sorex

longirostrisfisheri (Handley 1979b).

However, more is known about the life

history of other 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 are born each year, with

one to six young produced per litter

(Webster et al. 1985). Nests are shallow

depressions lined with dried leaves and

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