### Federal Register/Vol. 63, No. 183/Tuesday, September 22, 1998/Rules and Regulations

mandate upon aState, 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 isunfunded, EPA must provide to the Office ofManagement and Budget a description ofthe extent ofEPA's prior consultation with representatives ofaffected State, local and tribal governments, thenature of their concerns, copies ofany written communications from the governments, and a statement supporting the need to issue theregulation. 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 significant unfunded mandates."

This 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) ofExecutive Order 12875 do
not apply to thisrule.
ListofSubjects in 40 CFR Part271

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

Authority: This notice isissued underthe authority ofSections 2002(a), 3006and 7004(b) ofthe Solid WasteDisposal Actas amended 42U.S.C. 6912(a),6926, 6974(b). W.B. Hathaway, ActingRegional Administrator, Region6. [FRDoc. 98 25200 Filed 9 21 98;8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271 [FRL-6165-3]
Washington: Final Authorizationof State Hazardous Waste Management Program Revision

AGENCY: Environmental Protection Agency (EPA). ACTION: Response to comment and final rule.

SUMMARY: On July 7, 1998, the EPA published aproposed rule (63 FR 36652) and an immediate final rule (63 FR 36587) to approve arevision to the State ofWashington hazardous waste management program which would give the programjurisdiction over "non-trust lands" within the exterior boundaries of the Puyallup Indian reservation located in Tacoma, Washington. The EPA stated in the immediate final rule that if the Agency received adverse written
comment itwould publish a notice withdrawing the immediate final rule before its effective date, and then would address comments in a final rule based

on the proposed rule.Because EPA received an adverse comment, the Agency withdrew the immediate final rule in a withdrawal notice published

on August 21, 1998 in the Federal Register (63 FR44795). The EPAhas reviewed and analyzed the concerns raised bythe comment, and now issues this final rule.After consideration of these concerns, EPA is approving the State ofWashington authorization revision to include non-trust lands within the 1873 Survey Area as part of its approved program.
DATES: This final rule willbecome effective on October 22, 1998.
FOR FURTHER INFORMATION CONTACT: Nina Kocourek, U.S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, WCM-122, Seattle, WA 98101, Telephone: (206) 553-6502.
SUPPLEMENTARY INFORMATION:

A. Background

The State ofWashington seeks revision ofits authorized program to include "non-trust lands" within the exterior boundaries ofthePuyallup Indian reservation (hereafterreferred to

asthe "1873 Survey Area" or "Survey Area") pursuant to a settlement agreement finalized in 1988 and ratified by Congress in 1989, which allows Washington to seek authorization under federal environmental laws for such lands after consultation and communication with the Puyallup Tribe. The revision requested by Washington in its current application is
not aresult ofa change to EPA's rules

or regulations, nor is it aresult of changes to Washington's rules and regulations. Rather, Washington's application for revision results from the unique agreements between Washington, the United States and the Puyallup Tribe ofIndians. A complete discussion ofthe background ofthe
matter addressed by this final rule can be found in the immediate final rule located in the final rules section ofthe July 7, 1998 (63 FR 36587) Federal Register. B. Comment Regardingthe Immediate FinalDecision

Reichhold Chemical, Inc. (Reichhold), which has an EPA-issued RCRA corrective action permit for it's Tacoma facility, commented that its permit and the corrective action process should not be subjected to thejurisdictional uncertainties that it believes would result ifEPA authorizes therevisions to the Washington program. Reichhold
wrote that itis negotiating with the Puyallup Tribe ofIndians (the Tribe) and Puyallup International, Inc. concerning the acquisition and/or longterm lease ofall or aportion ofthe Reichhold property. Reichhold is concerned thattransferringjurisdiction authority to the State for Reichhold's permit will cause delays and uncertainty should the Tribe acquire a fee or leasehold interest in the land. Reichhold did not specify what it considers to be "jurisdictional uncertainties." They claim that EPA's authorization oftheWashington program will furtherdelay Reichhold's ability to make the property available to the Tribe or any other suitable user for productive use consistent with the RCRA program and public health and safety. Reichhold requested that EPA withdraw its approval until the issues of jurisdiction over the Tribe's activities on Reichhold's property are resolved.

The EPAhas reviewed the issues raised byReichhold, and does notfind sufficient merit to its objection to withhold approval ofthis authorization revision. Reichhold did not dispute that the State has the authority to implement the hazardous waste program on nontrust lands pursuant to the agreement and did not assert the state program fails
to meet the statutory criteria ofbeing equivalent and consistent, and providing adequate enforcement. The information Reichhold provided did not address how "jurisdictional uncertainties" will interfere with Washington's ability to properly administer the hazardous waste management program at the Reichhold facility in Tacoma.

The EPA, the State ofWashington and the Puyallup Tribe already have established aprocess for working together to address issues ofjurisdiction under the Settlement Agreement. As part ofthe process to revise the Washington authorization, EPA, the Tribe, and Washington consulted on implementation ofthe programs in a cooperative fashion, and EPA expects that the cooperation established in the Settlement Agreement and other agreements will continue to provide

avenues for addressing issues that arise 

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in a timely and efficient manner. Specifically, the State and EPA developed an addendum to its Memorandum ofAgreement (May 1998), which includes an agreed upon implementation strategy for how the EPA and Ecology will share information and communicate alljurisdictional changes within the 1873 Survey Area.

In addition, the approval in today's document specifically addresses an aspect ofReichhold's concerns by clarifying that the revised program does
not extend to Indian or Indian activities within the 1873 Survey Area. EPA will retainjurisdiction over trust lands and

over Indians and Indian activities on non-trust lands within the Survey Area. Should Reichhold transfer ownership of allor a portion ofthe facility to the Tribe, EPA and Washington, in consultation with the Tribe, will address any effects in accordance with the May 1998, State and EPA Memorandum ofAgreement Addendum.
C.Today's Action

EPA is today taking final action to grant final authorization revising the State ofWashington's hazardous waste program to include non-trust lands within the 1873 Survey Area ofthe Puyallup Indian Reservation, but limiting the authorization so thatthe revised program does not extend to Indian or Indian activities within the 1873 Survey Area.

Washington will implement the revised authorized program in the same
manner that theprogram is implemented elsewhere in the State. This includes all aspects ofthe authorized State program such as waste designation requirements; generator, transporter, and recyclingrequirements; treatment, storage and disposal (TSD) facility requirements; allpermitting procedures; corrective action requirements; and compliance monitoring, and enforcement procedures. EPA will continue to implement and enforce Hazardous and Solid Waste Amendments of 1984 (HSWA)provisions for which the State is not authorized.

All permits issued by U.S. EPA Region 10 on non-trust lands within the 1873 Survey Area prior to final authorization ofthis revision will continue to be administered by U.S. EPA Region 10 until the issuance or reissuance after modification ofa State RCRA permit. Upon the effective date of the issuance, or reissuance after modification to incorporate authorized State requirements, ofa State RCRA permit, those EPA-issued permit provisions which the State is authorized to administer and enforce will expire. HSWA provisions for which the State is
not authorized will continue in effect under the EPA-issued permit.

I conclude that Washington's application for a program revision meets allofthe statutory and regulatory requirements established by RCRA. Accordingly, Washington is granted Final Authorization to operate its hazardous waste program as revised for the non-trust lands within the 1873 Survey Area except over Indians and Indian activities within the 1873 Survey Area. Washington now has responsibility for carrying out the aspects ofthe RCRA program described in its revised program application, subject to the limitations ofthe HSWA and excluding from its revised program authority overIndians or Indian activities within the 1873 Survey Area. Washington also has primary enforcement responsibilities for the
non-trust lands within the 1873 Survey Area except overIndians and Indian activities within the 1873 Survey Area. EPA will retainjurisdiction over trust lands and over Indians and Indian activities on non-trust lands within the Survey Area. EPA retains the right to conduct inspections under section 3007 ofRCRA, 42U.S.C. 6927, and to take enforcement actions under sections 3008, 3013 and 7003 ofRCRA, 42U.S.C. sections 6928, 6934 and 6973.

D. Codification in Part 272

The EPAuses 40CFRpart 272 for codification ofthe decision to authorize Washington's program and for incorporation by reference ofthose provisions ofthe State's authorized
statutes and regulations EPA will enforce under sections 3008, 3013 and 7003 ofRCRA. Therefore, EPA is reserving amendment of40 CFRpart 272, subpart WW, until alater date.
E. Unfunded Mandates Reform Act

Title II ofthe Unfunded Mandates Reform Act of 1995 (UMRA), Pub. L. 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, EPA generally must prepare

awritten statement ofeconomic and regulatory alternatives analyses for proposed and final rules with Federal mandates, as defined bythe 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 section 202 and 205 requirements do not apply to today's action because this rule does not contain a Federal mandate that may result in annual expenditures of$100 million ormore for State, local and/or tribal governments in the aggregate, or the private sector. Further,

as it applies to the State, this action does not impose aFederal intergovernmental mandate because UMRA does not include duties arising fromparticipation in avoluntary federal program. Today's rule effects an administrative change by authorizing the State to implement its hazardous
wasteprogram in lieu ofthe Federal RCRA program for the non-trust lands within the 1873 Survey Area except

over Indians and Indian activities within the 1873 Survey Area. To the
extentthat 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.

The requirements ofsection 203 of UMRA also donot apply today's action. BeforeEPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, section 203 ofthe UMRA requires EPAto develop a small government agency plan. This rule contains no regulatory requirements that might significantly or uniquely affect small governments. 

### F.CertificationUnderthe 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 isrequired to publish anotice ofproposed rulemaking under the Administrative Procedure Act

or any other statute, itmust prepare and make available forpublic comment a regulatory flexibility analysis that describes the effect ofthe rule on small entities (i.e., small businesses, small organizations, and small governmental jurisdictions). This analysis is not required, however, ifthe agency's administrator certifies that therule will
nothave a significant economic impact

on a substantial number ofsmall entities.

The EPAhas determined that thisrule will nothave 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'srule effects an administrative change by authorizingthe State to implement its hazardous waste program in lieu ofthe Federal RCRA program for the non-trust lands within the 1873 Survey Area except over Indians and

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Indian activities within the 1873 Survey Area. Today'srule carries out Congress' intent under both RCRA and the Settlement Act 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 theregulated 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 aregulatory flexibility analysis.
G. Submission to Congress and the Comptroller General

The 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 arule 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 oftheUnited States. The EPA will submit areport containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives and the Comptroller General ofthe United Statesprior to publication ofthe rule in today's Federal Register. Thisrule is not a "major rule" as defined by 5 U.S.C. 804(2).


### H. Compliance With Executive Order 12866

The Office ofManagement and Budget has exempted thisrule from the requirements ofsection 6 ofExecutive Order 12866.


### I. Compliance With Executive Order 12875:Enhancing Intergovernmental Partnerships

Under Executive Order 12875, EPA may not issue aregulation that is not required by statute and that creates a mandate upon aState, 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 isunfunded, EPA must provide to the Office ofManagement and Budget a description ofthe extent ofEPA's prior consultation with representatives ofaffected State, local and tribal governments, thenature of their concerns, copies ofany 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 significant unfunded mandates." Today's rule does not impose amandate upon a State, local or Tribal government.

Today's rule effects an administrative change by authorizingthe State to implement its hazardous waste program in lieu ofthe Federal RCRA program for the non-trust lands within the 1873 Survey Area except over Indians and Indian activities within the Area. As such, the final rule is not subject to the requirements ofExecutive Order 12875.
J. Compliance With Executive Order 13045

Executive Order 13045 applies to any rule that the Office ofManagement and Budget determines is "economically significant," as defined under Executive Order 12866, and where EPA determines the environment health or safety risk addressed bythe rule has 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.

The Agency has determined that the final rule is not a covered regulatory action asdefined in the Executive Order because itis not economically significant and is not ahealth or safety risk-based determination. Today's rule effects an administrative change by authorizingthe State to implement its hazardous waste program in lieu ofthe Federal RCRA program for the non-trust lands within the 1873 Survey Area except over Indians and Indian activities within the 1873 Survey Area. As such, the final rule is not subject to the requirements ofExecutive Order 13045.


### K Executive Order 13084: Consultation and Coordination withIndian Tribal Governments

Under Executive Order 13084, EPA may not issue aregulation that isnot required by statute, that significantly or uniquely affects thecommunities 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. Ifthe mandate is unfunded, EPA mustprovide to the Office ofManagement and Budget, in a separately identified section ofthe preamble to therule, 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 and otherrepresentatives ofIndian tribal governments "to provide meaningful and timelyinput in the development of regulatory policies on matters that significantly oruniquely affect their communities."

Today's rule does not significantly or uniquely affect the communities of Indian tribal governments. The rule specifically grants Washington Final Authorization to operate its hazardous wasteprogram asrevised for thenontrust lands within the 1873 Survey Area except over Indians and Indian activities within the 1873 Survey Area. EPA will retainjurisdiction over trust lands and over Indians and Indian activities on non-trust lands within the Survey Area. Accordingly, the requirements ofsection 3(b) of Executive Order 13084 do not apply to thisrule.


### L.PaperworkReduction 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) ofthe National Technology Transfer and Advancement Act of 1995 ("NTTAA"), Pub.L. No. 104-113, section 12(d)(15 U.S.C. 272), directs EPAto use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards 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 EPAto 

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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, EPA did not consider the use ofany voluntary standards.
ListofSubjects in 40 CFR Part27

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

Authority:This notice isissued underthe authority ofSections 2002(a), 3006and 7004(b) ofthe Solid WasteDisposal Act,as amended, 42U.S.C. sections 6912(a), 6926, 6974(b).

Dated: September 10, 1998. Chuck Clarke, Regional Administrator, Region 10. [FRDoc. 98 25321 Filed 9 21 98;8:45 am]

BILLING CODE 6560-50-P

FEDERAL MARITIME COMMISSION 46 CFR Parts 502, 503, 510, 514, 540, 572, 585, 587 and 588 [Docket No. 98-09]
Update of Existingand Additionof New Filingand Service Fees
AGENCY: Federal Maritime Commission. ACTION: Finalrule.

SUMMARY: The Federal Maritime Commission ("Commission")is revising its existing fees for filingpetitions and complaints; various public information services, such as record searches, document copying, and admissions to practice; filing freight forwarder applications; various ATFI-related services; passenger vessel performance and casualty certificate applications; and agreements. Theserevised fees reflect current costs to the Commission. In addition, the Commission adds three

new fees for the publication ofthe Regulated Persons Index ("RPI") on diskette; the application to amend a passenger vessel operator's Certification ofFinancial Responsibility for Indemnification ofPassengers for Nonperformance ofTransportation and Certification ofFinancial Responsibility to Meet Liability Incurred for Death or Injury to Passengers or Other Persons on Voyages ("Certificates") for the addition

or substitution ofa vessel to the applicant's fleet; and the agency's review ofcorrections ofclerical errors in service contracts, asrequested byparties
to a service contract. EFFECTIVE DATE: November 2, 1998 FOR FURTHER INFORMATION CONTACT: Sandra L.Kusumoto, Director,Bureau of Administration, Federal Maritime Commission, 800 North Capitol Street, NW, Washington, D.C. 20573-0001, (202)523-5866, E-mail: sandrak@fmc.gov. SUPPLEMENTARY INFORMATION: On July 1, 1998, the Commission published in the Federal Register aNotice ofProposed Rulemaking ("NPR" or "Proposed Rule") in Docket No. 98-09, Updateof ExistingandAdditionof New Filingand ServicesFees,63 FR 35896. No comments were received.

This rule updates the Commission's
current filing and service fees which have been in effect since 1995, and are

no longer representative ofthe Commission's actual costs for providing such services. Fee increases primarily reflect increases in salary and indirect (overhead) costs. For some services, the increase in processingor review time
accounts for the increase in the level of proposed fees.

The Commission is eliminating several fees. Fees associated with the provision ofsubscription services will be discontinued because ofdiminished public demand for them and because
most ofthe information can be found on the Internet, the Commission's website,

or requested from the Office ofthe Secretary on an adhocbasis. Some fees associated with ATFI Subscriber Tapes have been eliminated in accordance with Docket No. 95-13,Automated Tariff FilingandInformationSystem (60 FR56122, November 7, 1995).

The Commission is instituting three

new user fees for: The provision ofthe RPI on diskette, the issuance ofPub.L. 89-777 Certificates to add or substitute

avessel to the applicant's fleet, and the agency's review ofcorrections ofclerical

errors in service contracts, as requested by parties to a service contract under 46 CFR 514.7(k)(2). Provisions ofparts 585, 587, and 588 are amended to clarify that fees governing the filingofpetitions are applicable.

The Commission intends to update its fees biennially in keeping with OMB guidance. In updatingits fees, the Commission will incorporate changes in the salaries ofits employees into direct labor costs associated with its services, and recalculate its indirect costs (overhead) based on current level of
costs.

This regulatory action was not subject
to OMB review under Executive Order 12866, dated September 30, 1993. It is not amajor rule under 5 U.S.C. 804(2). In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 etseq., the Chairman ofthe Federal Maritime Commission has certified to the Chief Counsel for Advocacy, Small Business Administration, that the rule will not have a significant economic impact on
a substantial number ofsmall entities. In the NPR, the Commission stated its intention to certify thisrulemaking because itis required to collect fees from the general public to recover the
cost ofproviding certain, specific services; theproposed increases are generally de minimis;and in addition, its regulations provide for waiver offees for those entities that can make the required showing ofundue hardship (46 CFR 503.41). No comments were received in this proceeding. Therefore, based on the lack ofcomments, the de minimisnature ofthe increase, and the statutory requirement that the fees be collected, the certification is continued. ThisRule does not contain any collection ofinformation requirements

as defined by the Paperwork Reduction Act of 1980, as amended. Therefore, OMBreview is not required.
ListofSubjects

46 CFRPart 502
Administrative practice and procedure, Claims, Equal Access to Justice, Investigations, Lawyers, and Reporting and record keeping requirements.

46 CFRPart 503
Classified information, Freedom of Information, Privacy, and Sunshine Act.

46 CFRPart 510 Freight forwarders, Maritime carriers, Reporting and record keeping requirements, and Surety bonds.

46 CFRPart 514 Freight, Harbors, Maritime carriers, and Reporting and record keeping requirements.

46 CFRPart 540
Insurance, Maritime carriers, Penalties, Reporting and record keeping requirements, and Surety bonds.

46 CFRPart 572
Administrative practice and procedure, Freight, Maritime carriers, and Reporting and record keeping requirements.

46 CFRPart 585
Administrative practice and procedure, Maritime carriers.

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