42222 Federal Register / Vol. 62, No. 151 / Wednesday, August 6, 1997 / Proposed Rules

radon-222 by August, 1999 and

promulgate a final regulation by August,

2000 [section 1412 (b)(13)(D–E)]. EPA

has committed to take final action on

the other radionuclides included in the

July 18, 1991 proposal by December,

2000. On a related matter, EPA

published on March 5, 1997 (62 FR

10168) a final rule on the analytical

methods for gross alpha, gross beta,

tritium, uranium, radium-226, radium228, gamma emitters, and radioactive

cesium, iodine and strontium.

Dated: July 30, 1997.

Carol Browner,

Administrator.

[FR Doc. 97–20666 Filed 8–5–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 281

[FRL–5866–6]

Commonwealth of Puerto Rico;

Approval of State Underground

Storage Tank Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of tentative

determination on application of the

Commonwealth of Puerto Rico for final

approval, public hearing and public

comment period.

SUMMARY: The Commonwealth of Puerto

Rico has applied for final approval of its

Underground Storage Tank program for

petroleum and hazardous substances

under Subtitle I of the Solid Waste

Disposal Act, as amended, commonly

referred to as the Resource Conservation

and Recovery Act (‘‘RCRA’’). The

United States Environmental Protection

Agency has reviewed the

Commonwealth of Puerto Rico’s

application and has made a tentative

determination that the Commonwealth

of Puerto Rico’s Underground Storage

Tank (‘‘UST’’) program for petroleum

and hazardous substances satisfies all of

the requirements necessary to qualify

for final approval. This Notice of

tentative determination affords the

public a thirty-day period after this

Notice to comment on the

Commonwealth of Puerto Rico’s

application and USEPA’s tentative

determination. The application is

available for inspection by the public

during the comment period. Two public

hearings will be held to solicit

comments on the application.

DATES: Written comments on the

Commonwealth of Puerto Rico’s

application for final approval must be

received by USEPA, at the address

noted below, by close of business on

September 12, 1997. Two public

hearings are scheduled for September 8

and September 9, 1997. USEPA and the

Commonwealth of Puerto Rico will be

present at the public hearings to provide

information and answer questions. The

hearings will begin at 9:00 A.M. and

will continue until the end of the

testimony or 4:00 P.M., whichever

comes first. Evening sessions will be

from 6:00 P.M. to 10:00 P.M. Requests

to present oral testimony must be

mailed to USEPA, at the address noted

below, by the close of business on

August 26, 1997, and should include the

requester’s name, address and telephone

number. USEPA reserves the right to

cancel the hearings should there be no

significant public interest. Those

informing EPA of their intention to

testify will be notified of any

cancellation.

ADDRESSES: Comments and requests to

testify should be mailed to Mr. John

Kushwara, Chief, Ground Water

Compliance Section (DECA–WCB),

USEPA, Region II, 290 Broadway, 20th

Floor, New York, NY 10007–1866 or Mr.

Victor Trinidad, Caribbean

Environmental Protection Division,

Centro Europa Building, Suite 417, 1492

Ponce De Leon Avenue, Stop 22,

Santurce, Puerto Rico 00907–4127.

Copies of the Commonwealth of

Puerto Rico’s application for program

approval are available for review 9:00

A.M.—4:00 P.M., Monday through

Friday, at the following locations:

Commonwealth of Puerto Rico,

Environmental Quality Board, 431

Ponce De Leon Avenue, Nacional Plaza,

Lobby Area, Hato Rey, PR 00917, Phone:

(787) 767–7712; Commonwealth of

Puerto Rico, Environmental Quality

Board, Mayaguez Regional Office, Road

#2, Km 159, Mayaguez, PR 00680;

Phone: (787) 833–1198 or (787) 833–

1188; United States Environmental

Protection Agency, Region 2, Caribbean

Environmental Protection Division,

Centro Europa Building, 1492 Ponce De

Leon Avenue, Suite 417, Santurce, PR

00907–4127, Phone: (787) 729–6951;

United States Environmental Protection

Agency, Region II Library, 290

Broadway, 16 Floor, New York, NY

10007–1866, Phone: (212) 637–3185.

The public hearings will be held on

September 8, 1997, in the Public

Hearing Room of the Environmental

Quality Board, 6th Floor, 431 Ponce De

Leon Avenue, Nacional Plaza, Hato Rey,

PR 00917 and on September 9, 1997 in

the Public Hearing Room of the

Environmental Quality Board,

Mayaguez Regional Office, Road #2, Km

159, Mayaguez, PR 00680. The hearings

will begin at 9:00 A.M. and 6:00 P.M.

and will continue until the end of

testimony or 4:00 and 10:00 P.M.,

whichever comes first.

FOR FURTHER INFORMATION CONTACT:

Madho Ramnarine Singh, Water

Compliance Branch (DECA–WCB),

USEPA, Region 2, 290 Broadway, New

York, NY 10007–1866, Phone: (212)

637–4237 or Mr. Victor Trinidad,

Caribbean Environmental Protection

Division, Centro Europa Building, Suite

417, 1492 Ponce De Leon Avenue, Stop

22, Santurce, Puerto Rico 00907–4127,

Phone: (787) 729–6951.

SUPPLEMENTARY INFORMATION:

A. Background

Section 9004 of the Resource

Conservation and Recovery Act

(‘‘RCRA’’), 42 U.S.C. 6991c, authorizes

USEPA to approve State Underground

Storage Tank programs to operate in lieu

of the Federal Underground Storage

Tank (‘‘UST’’) program. Program

approval may be granted by USEPA

pursuant to RCRA Section 9004(b), if

the Agency finds that the State program

is ‘‘no less stringent’’ than the Federal

program for the seven elements set forth

at RCRA Section 9004(a)(1) through (7);

includes the notification requirements

of RCRA Section 9004(a)(8); and

provides for adequate enforcement of

compliance with UST standards of

RCRA Section 9004(a).

B. Commonwealth of Puerto Rico

On November 7, 1990, the

Environmental Quality Board of the

Commonwealth of Puerto Rico issued

Underground Storage Tank Control

Regulations which became effective on

December 14, 1990. In accordance with

the requirements of 40 CFR Section

281.50(b), the Commonwealth of Puerto

Rico had previously provided an

opportunity for public comment on the

aforesaid regulations on September 21,

1989. A public hearing was held on

October 20, 1990. The Environmental

Quality Board received comments

concerning their annual notification

requirements, and minor editorial and

syntax changes. These changes were

incorporated into the regulations which

are currently in effect.

On January 17, 1996, USEPA received

the Commonwealth of Puerto Rico’s

formal application for approval of its

Underground Storage Tank program and

in 1997 received supplemental

information as part of the

Commonwealth’s application. USEPA

has reviewed the Commonwealth of

Puerto Rico’s application and has
Federal Register / Vol. 62, No. 151 / Wednesday, August 6, 1997 / Proposed Rules 42223

tentatively determined that the

Commonwealth of Puerto Rico’s

Underground Storage Tank program for

petroleum and hazardous substances

meets all of the requirements necessary

to qualify for final approval. Should the

program approvability status of the

Commonwealth of Puerto Rico’s

program change in the future for any

reasons, including but not limited to

changes in Commonwealth laws,

regulations or procedures which limit

the Commonwealth of Puerto Rico’s

enforcement authority or program

administration and enforcement,

USEPA will revisit this approval and

exercise its authority as provided under

40 CFR § 281.52 and § 281.60 to afford

the Commonwealth of Puerto Rico an

opportunity to correct any program

deficiencies and/or withdraw program

approval.

Any actions by USEPA shall not in

any event be deemed in any way as a

waiver of any of its statutory and

regulatory rights under RCRA, including

but not limited to §§ 9003(h), 9005 and

9006. Furthermore, nothing herein shall

be deemed as a waiver by USEPA of any

of its statutory and regulatory rights

under other federal statutes and

regulations. Moreover, nothing herein

shall be deemed as a waiver of any other

applicable federal legal requirements.

The Commonwealth of Puerto Rico

through the Environmental Quality

Board, is charged with the responsibility

to develop standards and criteria for the

design, installation, operation,

maintenance, and monitoring of

Underground Storage Tanks to prevent

UST related ground and surface water

contamination, under the authority of

Public Law No. 9, et seq.,

Commonwealth of Puerto Rico

Underground Storage Tank Law, as

amended. The statute includes

provisions for the following:

(1) Authority to promulgate UST

regulations for controlling underground

storage facilities containing petroleum

and related sludge, and chemical

substances.

(2) Authority to impose

administrative fines for violations of any

provision of the statute.

(3) Authority to conduct compliance

monitoring inspection and other

enforcement activities.

(4) Notification requirements for

owner of Underground Storage Tanks

including heating oil tanks.

(5) Establishment of petroleum

cleanup fund. This is financed through

licensing fees and tank assessment fees,

and helps pay for cleanup and

restoration of contaminated soil and

groundwater caused by petroleum

releases from USTs, and for third party

damages.

The memorandum of agreement

(‘‘MOA’’), which was submitted as part

of the Commonwealth of Puerto Rico’s

application for final approval, was

negotiated between USEPA and Puerto

Rico’s Environmental Quality Board and

will be executed by USEPA only after it

makes a final determination to approve

the Commonwealth of Puerto Rico’s

Underground Storage Tank program.

The Memorandum of Agreement (MOA)

contains agreements designed to ensure

that the UST program will be effectively

implemented by Puerto Rico pursuant to

its own statute and implementing

regulations. Under the MOA, the

Environmental Quality Board has agreed

to maintain staff levels, including

adequate technical and legal support

capable of implementing an effective

UST program, and to conduct program

development activities designed to

improve the Commonwealth’s capability

to effectively implement the UST

program. The MOA also has provisions

to help ensure an adequate compliance

and enforcement program. The MOA

also recognizes USEPA’s continued

ability to enforce UST program

requirements in the Commonwealth of

Puerto Rico.

In accordance with Section 9004(d) of

RCRA, 42 U.S.C. 6991c(d) and 40 CFR

281.50(e), the Agency will hold public

hearings on its tentative determination.

The public hearings will be held on

September 8, 1997 in the Public Hearing

Room of the Environmental Quality

Board, 6th Floor, 431 Ponce De Leon

Avenue, Banco Nacional Plaza, Hato

Rey, Puerto Rico and on September 9,

1997 in the Public Hearing Room of the

Environmental Quality Board,

Mayaguez Regional Office, Road #2, Km

159, Mayaguez, Puerto Rico from 9:00

a.m.–4:00 p.m. and 6:00 p.m.–10:00

p.m. All written comments on EPA’s

tentative determination must be

submitted by September 12, 1997.

Copies of the Commonwealth of Puerto

Rico’s application are available for

inspection and copying at the locations

indicated in the ADDRESSES section of

this notice.

USEPA will consider all public

comments on its tentative determination

received during the public comment

period and/or at the hearings. Issues

raised by those comments may be the

basis for a decision to deny or grant

final approval to the Commonwealth of

Puerto Rico. USEPA expects to make a

final decision on whether or not to

approve the Commonwealth of Puerto

Rico’s program within sixty (60) days

after the date of the public hearing and

will give notice of it in the Federal

Register. The notice will include a

summary of the reasons for the final

determination and a response to all

major comments.

Compliance With Executive Order

12291

The Office of Management and Budget

has exempted this rule from the

requirement of Section 6 of the

Executive Order 12866.

Certification Under the Regulatory

Flexibility Act

USEPA has determined that this

authorization will not have a significant

economic impact on a substantial

number of small entities. Such small

entities which own and/or operate USTs

are already subject to the regulatory

requirements under existing

Commonwealth law which are being

authorized by USEPA. USEPA’s

authorization does not impose any

additional burdens on these small

entities. This is because USEPA’s

authorization would simply result in an

administrative change, rather than a

change in the substantive requirements

imposed on these small entities.

Therefore, USEPA provides the

following certification under the

Regulatory Flexibility Act, as amended

by the Small Business Regulatory

Enforcement Fairness Act. Pursuant to

the provision at 5 U.S.C. 605(b), I hereby

certify that this authorization will not

have a significant economic impact on

a substantial number of small entities.

This authorization approves regulatory

requirements under existing

Commonwealth law to which small

entities are already subject. It does not

impose any new burdens on small

entities. This rule, therefore, does not

require a regulatory flexibility analysis.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

certain regulatory actions on State,

local, and tribal governments and the

private sector. Under Sections 202 and

205 of the UMRA, USEPA generally

must prepare a written statement of

economic and regulatory alternatives

analyses for proposed and final rules

with Federal mandates, as defined by

the UMRA, that may result in

expenditures to State, local, and tribal

governments, in the aggregate, or to the

private sector, of $100 million or more

in any one year. The Sections 202 and

205 requirements do not apply to

today’s action because it is not a

‘‘Federal mandate’’ and because it does
42224 Federal Register / Vol. 62, No. 151 / Wednesday, August 6, 1997 / Proposed Rules

not impose annual costs of $100 million

or more.

Today’s rule contains no Federal

mandates for State, local or tribal

governments or the private sector for

two reasons. First, today’s action does

not impose new or additional

enforceable duties on any State, local or

tribal governments or the private sector

because the requirements of the

Commonwealth of Puerto Rico’s

program are already imposed by the

Commonwealth and subject to

Commonwealth law. Second, the Act

also generally excludes from the

definition of a ‘‘Federal mandate’’ duties

that arise from participation in a

voluntary Federal program. The

Commonwealth of Puerto Rico’s

participation in an authorized UST

program is voluntary.

Even if today’s rule did contain a

Federal mandate, this rule will not

result in annual expenditures of $100

million or more for State, local, and/or

tribal governments in the aggregate, or

the private sector. Costs to

Commonwealth, local and/or tribal

governments already exist under the

Commonwealth of Puerto Rico program,

and today’s action does not impose any

additional obligations on regulated

entities. In fact, USEPA’s approval of

the Commonwealth program generally

may reduce, not increase, compliance

costs for the private sector.

The requirements of Section 203 of

UMRA also do not apply to today’s

action. Before USEPA establishes any

regulatory requirements that may

significantly or uniquely affect small

governments, Section 203 of the UMRA

requires USEPA to develop a small

government agency plan. This rule

contains no regulatory requirements that

might significantly or uniquely affect

small governments. The Agency

recognizes that although small

governments may own and/or operate

USTs, they are already subject to the

regulatory requirements under existing

Commonwealth law which are being

authorized by USEPA, and, thus, are not

subject to any additional significant or

unique requirements by virtue of this

program approval.

List of Subjects in 40 CFR Part 281

Environmental protection,

Administrative practice and procedure,

Hazardous and Petroleum substances,

State program approval, Underground

Storage Tanks.

Authority: This notice is issued under the

authority of Section 9004 of the Solid Waste

Disposal Act, as amended by RCRA, 42

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

Dated: July 24, 1997.

Jeanne M. Fox,

Regional Administrator.

[FR Doc. 97–20177 Filed 8–5–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[CS Docket No. 97–98; DA 97–1583]

Pole Attachments

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; extension of

time.

SUMMARY: The Cable Services Bureau,

released an Order which granted the

Motion for Extension of Time filed by

Carolina Power & Light Company,

Delmarva Power & Light Company,

Atlantic City Electric Company, Entergy

Services, Florida Power Corporation,

Pacific Gas and Electric Power

Company, Potomac Electric Power

Company, Public Service Company of

Colorado, Southern Company, Georgia

Power, Alabama Power, Gulf Power,

Mississippi Power, Savannah Electric,

Tampa Electric Company and Virginia

Power, including North Carolina Power

(collectively, ‘‘Electric Utilities’’) in

Amendment of Rules and Policies

Governing Pole Attachments (Notice of

Proposed Rulemaking’’). The Bureau

found that good cause existed to grant

a two week extension of time up to and

including August 11, 1997. This

extension of time is granted in view of

the complexity of the issues presented,

and in order to facilitate the

development of a complete record in

this proceeding.

DATES: Reply comments are now due on

or before August 11, 1997.

ADDRESSES: Office of the Secretary,

Federal Communications Commission,

1919 M Street, N.W., Room 222,

Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:

Margaret Egler, Cable Services Bureau,

(202) 418–2319, TTY (202) 418–7172.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Cable Services Bureau’s

Order, CS Docket No. 97–98, DA 97–

1583, adopted July 24, 1997 and

released July 25, 1997, in the

Amendment of Rules and Policies

Governing Pole Attachments, 62 FR

18074 (April 14, 1997). The full text of

this decision is available for inspection

and copying during normal business

hours in the FCC Reference Center

(Room 239), 1919 M Street, NW,

Washington, D.C. 20554, and may be

purchased from the Commission’s copy

contractor, International Transcription

Service, (202) 857–3800, 1919 M Street,

NW, Washington, D.C. 20554. For

copies in alternative formats, such as

braille, audio cassette, or large print,

please contact Sheila Ray at

International Transcription Service.

Synopsis of the Order

1. On March 14, 1997, the

Commission commenced a rulemaking

proceeding to propose modifications to

the Commission’s rules relating to the

maximum just and reasonable rates

utilities may charge for attachments to

a pole, duct, conduit or right-of-way.

Comments were due June 27, 1997, and

reply comments are due July 28, 1997.

2. On July, 21, 1997, Carolina Power

& Light Company, Delmarva Power &

Light Company, Atlantic City Electric

Company, Entergy Services, Florida

Power Corporation, Pacific Gas and

Electric Power Company, Potomac

Electric Power Company, Public Service

Company of Colorado, Southern

Company, Georgia Power, Alabama

Power, Gulf Power, Mississippi Power,

Savannah Electric, Tampa Electric

Company and Virginia Power, including

North Carolina Power (collectively,

‘‘Electric Utilities’’) filed a Motion for

Extension of Time (‘‘Motion’’) to file

reply comments. The Electric Utilities

request that the Commission grant a two

week extension of time to file reply

comments, up to and including August

11, 1997. The Electric Utilities contend

that an extension of time is needed in

light of the decision of the U.S. Court of

Appeals for the Eighth Circuit in Iowa

Utilities Board v. F.C.C., No. 96–3321, et

al., where the Court ruled on

interconnection service issues. They

contend that issues raised in the instant

proceeding parallel issues decided in

Iowa Utility Board and they argue that

an extension of time will be productive

in assessing that decision’s impact on

the instant rulemaking.

3. It is the policy of the Commission

that extensions of time are not routinely

granted. In view of the complexity of the

issues presented, and in order to

facilitate the development of a complete

record in this proceeding, we find that

good cause exists to grant an extension

of time. Thus, reply comments will now

be due by August 11, 1997.

Ordering Clauses

4. Accordingly, it is ordered, pursuant

to §§ 0.321 and 1.46 of the

Commission’s rules, 47 CFR 0.321 and

1.46, that the Motion for Extension of

Time filed by Carolina Power & Light