Federal Register / Vol. 60, No. 195 / Tuesday October 10, 1995 / Rules and Regulations 52629

listed above. As provided in § 71.15(b),

the agency will delete from the

documents any materials that are not

available for public disclosure before

making the documents available for

inspection.

The agency has previously considered

the environmental effects of this rule

and announced its conclusion in the

Notice of Filing for CAP 5C0245 (60 FR

20997). No new information or

comments have been received that

would affect the agency's conclusion

that there is no significant impact on the

human environment and that an

environmental impact statement is not

required.

Any person who will be adversely

affected by this regulation may at any

time on or before November 9, 1995, file

with the Dockets Management Branch

(address above) written objections

thereto. Each objection shall be

separately numbered, and each

numbered objection shall specify with

particularity the provisions of the

regulation to which objection is made

and the grounds for the objection. Each

numbered objection on which a hearing

is requested shall specifically so state.

Failure to request a hearing for any

particular objection shall constitute a

waiver of the right to a hearing on that

objection. Each numbered objection for

which a heanng is requested shall

include a detailed description and

analysis of the specific factual

information intended to be presented in

support of the objection in the event

that a heanng is held. Failure to include

such a description and analysis for any

particular objection shall constitute a

waver of the right to a hearing on the

objection. Three copies of all documents

shall be submitted and shall be

identified with the docket number

found in brackets in the heading of this

document. Any objections received in

response to the regulation may be seen

in the Dockets Management Branch

between 9 a.m. and 4 p.m., Monday

through Friday. FDA will publish notice

of the objections that the agency has

received or lack thereof in the Federal

Register.

List of Subjects in 21 CFR Part 73

Color additives, Cosmetics, Drugs,

Medical devices.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Director, Center for Food Safety and

Applied Nutrition, 21 CFR part 73 is

amended as follows:

PART 73-LISTING OF COLOR

ADDITIVES EXEMPT FROM

CERTIFICATION

1. The authority citation for 21 CFR

part 73 continues to read as follows:

Authority: Secs. 201, 401, 402, 403, 409,

501, 502, 505, 601, 602, 701, 721 of the

Federal Food, Drug, and Cosmetic Act (21

U.S.C. 321, 341, 342, 343, 348, 351, 352, 355,

361,362,371,379e).

2. Section 73.250 is amended by

removing the first sentence of paragraph

(a}(1) and adding two new sentences in

its place to read as follows:

§73.250 Fruit juice.

(a) Identity. (1) The color additive

fruit juice is prepared either by

expressing the juice from mature

varieties of fresh, edible fruits, or by the

water infusion of the dried fruit. The

color additive may be concentrated or

dried. ** *

* * * * *

3. Section 73.260 is amended by

removing the first sentence of paragraph

(a)(1) and adding two new sentences in

its place to read as follows:

§ 73.260 Vegetable juice.

(a) Identity. (1) The color additive

vegetable juice is prepared either by

expressing the juice from mature

varieties of fresh, edible vegetables, or

by the water infusion of the dried

vegetable. The color additive may be

concentrated or dried. * *

Dated: September 28, 1995.

Fred R. Shank,

Director, Center for Food Safety and Applied

Nutrition.

[FR Doc. 95-24953 Filed 10-6-95; 8:45 amj

BILLING CODE 4160-01-F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL-6306-1]

Oregon: Final Authorization of State

Hazardous Waste Management

Program Revisions

AGENCY' Environmental Protection

Agency.

ACTION: Immediate final rule and public

comment period.

SUMMARY, Oregon has applied for final

authorization of revisions to its

hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). The Environmental

Protection Agency (EPA) has reviewed

Oregon s application and has made a

decision, subject to public review and

comment, that Oregon's hazardous

waste program revision satisfies all of

the requirements necessary to qualify

for final authorization. Thus, EPA

approves Oregon's hazardous waste

program revisions. Oregon's application

for program revision is available for

public review and comment.

DATES: Authorization of the revised

program shall become effective on

December 7 1995, unless significant

adverse comments on Oregon's program

revision application are received by the

close of business on November 8, 1995.

If the effectivb date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Copies of Oregon's program

revision application are available,

Monday to Friday from 9 AM to 4 PM

at the following addresses for inspection

and copying: Oregon Department of

Environmental Quality, Eighth Floor

Reception, 811 SW Sixth Avenue,

Portland, Oregon 97204. Telephone

number: (503) 229-6534. U.S. EPA

Region 10 Library 1200 Sixth Avenue,

Seattle, Washington 98101. Telephone

number: (206) 553-1259. Written

comments and questions should be

directed to Rene Dagseth, HW 107 EPA,

1200 Sixth Avenue, Seattle, Washington

98101.

FOR FURTHER INFORMATION CONTACT:

Renee Dagseth, 206-553-1889.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under

Section 3006(b) of-the Resource

Conservation and Recovery Act

("RCRA" or "the Act"), 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.

Revisions to State hazardous waste

programs are necessary when Federal or

State statutory or regulatory authority is

modified or when certain other changes

occur. Most commonly State program

revisions are necessitated by changes to

EPA's regulations in 40 CFR Parts 260-

266, 268, 124 and 270. In this case,

Oregon has applied for authorization of

its corrective action program, including

rules which are equivalent to the

Federal program described in 40 CFR

264.100. Oregon also has requested

authorization for the use of corrective

action management units (CAMUs). As

a result of this action, the majority of

future RCRA permits will be issued by

Oregon.

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52630 Federal Register / Vol. 60, No. 195 / Tuesday October- 10, 1995 / Rules and Regulations

B. Oregon

Oregon's RCRA base program was

authorized and became effective on

January 30, 1986. Revisions to Oregon's

RCRA program were authonzed and

became effective on May. 29, 1990;

October 4, 1994; and, August 15, 1995.

Oregon submitted a program revision

application on August 1, 1995 for

additional program approvals. Today

Oregon is seeking approval of its

program revision in accordance with 40

CFR 271.21(b)(4).

EPA has reviewed Oregon's

application, and has made an immediate

final decision, subject to public review

and comment, that Oregon's hazardous

waste program revision satisfies all of

the requirements necessary to qualify

for final authorization. Consequently

EPA grants Oregon final authorization

for the additional program

modifications. The public may submit

written comments on EPA's decision up

until November 8, 1995. Copies of

Oregon's application for program

revision are available for inspection and

copying at the locations indicated in the

ADDRESSES section of this notice.

Approval of Oregon's program

revision shall become effective

December 7 1995, unless an adverse

comment pertaining to the State's

revision discussed in this document is

received by the end of the comment

period. If an adverse comment is

received, EPA will publish either (1) a

withdrawal of the immediate final

decision or (2) a notice containing a

response to comments which either

affirms that the immediate final

decision takes effect or reverses the

decision.

C. Description of Oregon's Program

Oregon's revision application

includes rules which pertain to

corrective action through the permits

process and corrective action

management units (CAMUs). Oregon is

applying for authorization of the

following Federal hazardous waste

regulations.

Federal requirement

HSWA Codification Rule: Corrective Action, 50 FR 28702 7/15/85;

RCRA 3004(v)(1 )(2).

HSWA Codification Rule: Pre-Construction Ban, 50 FR 28702, 7/15/85

HSWA Codification Rule: Interim Status, 50 FR 28702, 7/15/95 ............

HSWA Codification Rule 2: Permit Application Requirements Regarding

Corrective Action, 52 FR 45788, 12/1/87

HSWA Codification Rule 2: Corrective Action Beyond Facility Boundary, 52 FR 45788, 12/1/87

HSWA Codification Rule 2: Corrective Action for Injection Wells, 52 FR

45788, 12/1/87

Changes to Interim Status Facilities for Hazardous Waste Management

Permits; Procedures for Post-Closure Permitting, 54 FR 9596, 3[7/89.

Corrective Action Management Units and Temporary Units; Corrective

Action Provisions Under Subtitle C, 58 FR 8658, 2/93.

State authority*

OAR 340-100-002(1), effective 5/95.

OAR 340-100-002(1), effective 5/95; OAR 340-105-010, effective

3/91; OAR 340-105-115, effective 8/85.

OAR 340-100-002(1), effective 5/95; OAR 340-105-010, effective

3/95.

OAR 340-100-002(1), effective 5/95.

OAR 340-100-002(1), effective 5/95.

OAR 340-100-002(1), effective 5/95; OAR 340-44-015, effective 8/83.

OAR 340-100-002(1), effective 5/95; OAR 340-105-001(3), effective

3/91; OAR 340-105-010, effective 3/91; OAR 340-106-002, effec

tive 7/85.

OAR 340-100-002(1), effective 5/95.

*The rules referenced are part of the Oregon Administrative Rules (OAR).

Some portions of Oregon's revised

program are broader in scope than the

Federal program, and thus are not

Federally enforceable. Of the State

regulations cited above, OAR 340-105-

014 may be broader in scope than the

Federal program when Oregon requests

that facilities provide information

relevant to State-only requirements such

as zoning: The same regulation may be

more stringent than the Federal 40 CFR

270.14 if, for example, Oregon requests

permitted facility operators to provide

information which is at a greater level

of detail than the Federal program

requirements.

D. Status of Federal Permits

Upon the effective date of

authorization, Oregon will begin to

administer and enforce corrective action

requirements. EPA actions which fall

under the Federal omnibus authority of

section 3005(c)(3) of RCRA, 42 U.S.C.

6925(c)(3), and/or which are federal

enforcement authority, including

actions issued pursuant to sections 3008

(h), 3013, or 7003 of RCRA, 42 U.S.C.

6928(h), 6934 or 6!173, will continue to

be adminstered by EPA. In addition,

HSWA amendments for which the State

has not been authorized will continue to

be adminstered and enforced by EPA.

After this authorization becomes

effective, an orderly transition of

permits to the state will ensue. Facilities

operating under a joint EPA-State

permit, and whose permits contain a

table of authorities, will be notified that

the State is assuming authority over the

permit. HSWA provisions for which the

State is not authorized will continue. in

effect under EPA-issued permits until

the State is authorized for those

provisions and the facility is notified

that the State is assuming authority over

the permit.

E. Indian Lands

Oregon is not seeking authorization to

operate on Indian lands.

F Decision

I conclude that Oregon's application

for program revision meets all of the

statutory and regulatory requirements

established by RCRA. Accordingly

Oregon is granted final authorization to

operate its hazardous waste program, as

revised.

Oregon now has responsibility for

permitting treatment, storage, and

disposal facilities within its borders and

for carrying out the aspects of the RCRA

program described in its revised

program application, subject to the

limitations of the HSWA. Oregon also

has primary enforcement

responsibilities, although EPA retains

the right to conduct inspections under

Section 3007 of RCRA and to take

enforcement actions under Section

3008, 3013, and 7003 of RCRA.

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of section 6 of Executive

Order 12866.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 4 U.S.C.

605(b), I hereby certify that this

authorization will not have a significant

economic impact on a substantial

HeinOnline -- 60 Fed. Reg. 52630 1995
Federal Register / Vol. 60, No. 195 / Tuesday October 10, 1995 / Rules and Regulations

number of small entities. It does not

impose any new burdens on small

entities. This rule, therefore, does not

require a regulatory flexibility analysis.

Authority: This notice 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: September 22, 1995.

Chuck Clarke,

Regional Administrator.

[FR Doc. 95-24270 Filed 10-6-95; 8:45 am]

BILLING CODE 6560-60-P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Public Land Order 7161

[OR-943-1430-01; GP5-102; OR-60376]

Withdrawal of Public Land for Hunter

Creek Area of Critical Environmental

Concern; Oregon

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public land order.

SUMMARY, This order withdraws 160

acres of public land from surface entry

and mining for a period of 5 years for

the Bureau of Land Management to

protect the Hunter Creek Area of Critical

Environmental Concern. The land has

been and will remain open to mineral

leasing.

EFFECTIVE DATE: October 10, 1995.

FOR FURTHER INFORMATION CONTACT:

Betty McCarthy BLM Oregon/

Washington State Office, P.O. Box 2965,

Portland, Oregon 97208-2965, 503-952-

6155.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1988), it is ordered as follows:

1. Subject to valid existing rights, the

following described public land is

hereby withdrawn from settlement, sale,

location, or entry under the general land

laws, including the United States

mining laws (30 U.S.C. Ch. 2 (1988)),

but not from leasing under the mineral

leasing laws, to protect the Bureau of

Land Management's Hunter Creek Area

of Critical Environmental Concern:

Willamette Meridian

T. 37 S., R. 14 W.,

Sec. 11, SE'/4SE1/4;

Sec. 12, NE/4SWI/4 and S1/2 SWI/4.

The area described contains 160 acres in

Curry County.

2. The withdrawal made by this order

does not alter the applicability of those

public land laws governing the use of

the land under lease, license, or permit,

or governing the disposal of their

mineral or vegetative resources other

than the mining laws.

3. This withdrawal will expire 5 years

from the effective date of this order

unless, as a result of a review conducted

before the expiration date pursuant to

Section 204(f) of the Federal Land

Policy and Management Act of 1976, 43

U.S.C. 1714(f)(1988), the Secretary

determines the withdrawal shall be

extended.

Dated: September 15, 1995.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 95-24957 Filed 10-6-95; 8:45 am]

BILUNG CODE 4310-33-P

43 CFR Public Land Order 7162

[AZ-930-1430-01; AZA 13400, AZA 13401,

AZA 13403]

Partial Revocation of Secretarial

Orders Dated January 31, 1903, July

20, 1905, and March 14, 1929; Arizona

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public land order.

SUMMARY' This order partially revokes

three Secretarial orders insofar as they

affect 3,090.45 acres of public lands

withdrawn for the Bureau of

Reclamation's Colorado River Storage

and Yuma Projects. The land is no

longer needed for the purpose for which

it was withdrawn. The revocation is

needed to allow title to the lands to pass

to the State of Arizona in accordance

with the Arizona State Enabling Act.

The lands will not be opened to surface

entry or mining since the title will pass

simultaneously with the revocation.

EFFECTIVE DATE: October 10, 1995.

FOR FURTHER INFORMATION CONTACT: John

Mezes, BLM Arizona State Office, P.O.

Box 16563, Phoenix, Arizona 85011,

602-650-0240.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1988), it is ordered as follows:

1. The Secretarial Orders dated

January 31, 1903, July 20, 1905, and

March 14, 1929, which withdrew public

lands for the Bureau of Reclamation's

Yuma and Colorado River Storage

Projects, are hereby revoked insofar as

they affect the following described

lands:

Gila and Salt River Meridian

T. 8 S., R. 22 W.,

Sec. 16, E1/2, and SW'/4;

Sec. 36, N1

/2, W/2SW/4, and

WISE'/4 SW/ 4 . T. 8 S., R. 23 W.,

Sec. 36, N1/2.

T. 9 S., R. 23 W.,

Sec. 16, portion of S1/2 (approximately 250

acres), and N1/2.

T. 9 S., R. 24 W.,

Sec. 16, NWI NE1/4, Wl/2W1/2NE1/4NW 1

/4,

W1/2NW1/4, SE'/4NW/4, SW 4, N2SE1/4,

and SE4SEI/4;

Sec. 36, E1/2NE4NE/4, SW /NE /NE /,

E/2SWI4NE/4, SE /NE'/ 4 , NW ,

E/2SW'/4, E1/2NW SWI/4 , NW1/4NW1 SW , S/2SWANW/ 4SW A,

SW1/4SW1/4, and SEMI.

T. 10 S., R. 24 W.,

Sec. 16, E3/2, and $/2NW/4.

T. 10 S., R. 25 W.,

Sec. 36, W1/2.

San Bernardino Meridian

T. 16 S., R. 21 E.,

Sec. 36, lots 4, 5, and 8, and SI/2NE .

The areas described aggregate 3,090.45

acres in Yuma County.

2. The lands will not be opened to

location or entry since title to the lands

will pass to the State of Arizona

simultaneously with the revocation.

Dated: September 15, 1995.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 95-24959 Filed 10-6-95; 8:45 am]

BILLING CODE 4310-32-P

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 160

[CGD 94-1101

RIN 2115-AE96

Recreational Inflatable Personal

Flotation Device Standards

AGENCY, Coast Guard, DOT.

ACTION: Interim rule with request for

comments; extension of comment

period.

SUMMARY' On June 23, 1995, the Coast

Guard published a interim rule (60 FR

32836) establishing regulations for

approval of inflatable personal flotation

devices (PFDs) for recreational boaters.

Because the Coast Guard wishes to

consult with the National Boating Safety

Advisory Council (NBSAC) on the

response to comments at its upcoming

meeting on October 30-31, 1995, the

comment period is being extended for

14 additional days.

DATES: Comments must be received on

or before November 5, 1995.

ADDRESSES: Comments may be mailed to

the Executive Secretary Marine Safety

52631

HeinOnline -- 60 Fed. Reg. 52631 1995