12100 Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Rules and Regulations

Issued in Washington, D.C., on this 10th

day of March 1997.

John Seal,

Acting Executive Director, Pension Benefit

Guaranty Corporation.

[FR Doc. 97–6487 Filed 3–13–97; 8:45 am]

BILLING CODE 7708–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–5691–8]

Oklahoma: Final Authorization of State

Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Review of immediate final rule

technical corrections.

SUMMARY: The State of Oklahoma has

applied for Final authorization to revise

its hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). The EPA has reviewed

Oklahoma’s application and decided

that its hazardous waste program

revision satisfies all of the requirements

necessary to qualify for final

authorization. As such, EPA published

an immediate final rule on October 9,

1996, for 30-day public review and

comment period. The EPA did not

receive comments by the close of

business November 25, 1996. Today’s

publication is a technical correction to

the State Analog chart, listing the State

regulations that are equivalent to the

Federal rules.

DATES: Effective date: March 14, 1997.

This technical correction is in regard to

final authorization for Oklahoma which

affirms the immediate final decision

previously published, and notifies the

public that the final authorization was

effective on December 23, 1996.

FOR FURTHER INFORMATION CONTACT:

Alima Patterson, Authorization

Coordinator, Grants and Authorization

Section (6PG–G), EPA Region 6, First

Interstate Bank Tower at Fountain Place,

1445 Ross Avenue, Dallas, Texas 75202,

Phone number: (214) 665–8533.

SUPPLEMENTARY INFORMATION:

A. Technical Corrections

The Oklahoma Department of

Environmental Quality (ODEQ)

submitted a comment containing

technical corrections to the State Analog

chart at 61 FR 52884–52886, listing the

State regulations that are equivalent to

the rules promulgated to the Federal

RCRA implementing regulations in 40

CFR parts 124, 260–268, and 270 that

were published on October 9, 1996.

Many of the dates cited in that chart

were incorrect and the following chart

lists the correct dates of the State

analogs that are being recognized as

equivalent to the appropriate Federal

requirements. The following chart

replaces the previously published chart.

Federal Citation State analog

1. Requirements for Preparation, Adoption, and Submittal of Implementation Plans, [58 FR 38816] July 20, 1993. (Checklist 125).Oklahoma Hazardous Waste Management Act (OHWMA), as amended, 27A Oklahoma Statutes (O.S.), Supp. 1994, §§ 2–7–107 (A), (4)

and (5), and 2–2–104, effective 1994; and Oklahoma Administrative

Code (OAC) Rules 252:200–3–1, 252–200–3–2 through 252:200–3–

6, effective July 1, 1995.

2. Testing and Monitoring Activities, [58 FR 46040] August 31, 1993.

(Checklist 126)

OHWMA, as amended, 27A O.S., Supp. 1994, §§ 2–2–106, effective

1994, OAC Rules 252:200–3–1 through 252:200–3–6, effective July

1, 1995.

3. Burning of Hazardous Waste in Boilers and Industrial Furnaces, [58

FR 59598] November 9, 1993. (Checklist 127)

OHWMA, as amended, 27A O.S., Supp. 1994, §§ 2–2–104, and 2–7–

107(A)(5), effective 1994 and OAC Rules 252:200–3–1 through

252:200–3–6, effective July 1, 1995.

4. Hazardous Waste Management Systems; Identification and Listing of

Hazardous Waste; Waste from Wood Surface Protection, [59 FR

458] January 4, 1994. (Checklist 128)

OHWMA, as amended, 27A O.S., Supp. 1994 §§ 2–2–104 and § 2–7–

106, effective 1994 and OAC Rules 252:200–3–1 through 252:200–

3–6, effective July 1, 1995.

5. Hazardous Waste Management System; Identification and Listing of

Hazardous Waste; Treatability Studies Sample Exclusion, [59 FR

8362] February 18, 1994. (Checklist 129)

OHWMA, as amended, 27A O.S., Supp. 1994 §§ 2–2–104 and 2–7–

106, effective 1994 and OAC Rules 252:200–3–1 through 252:200–

3–6, effective July 1, 1995.

6. Hazardous Waste Management System; Identification and Listing of

Hazardous Waste; Recycled Used Oil Management Standards, [59

FR 10550] March 4, 1994. (Checklist 130).

OHWMA, as amended, 27A O.S., Supp. 1994, §§ 2–2–104, and 2–7–

107(A)(5) effective 1994, and OAC Rules 252:200–3–1 through

252:200–3–6, effective July 1, 1995.

7. Recordkeeping Instructions, [59 FR 13891] March 24, 1994. (Checklist 131).OHWMA, as amended, 27A O.S., Supp. 1994, § 2–2–104, and 2–7–

105(5), and 2–7–106, effective 1994, and OAC Rules 252:200–3–1

through 252:200–3–6, effective July 1, 1995.

8. Hazardous Waste Management System; Identification and Listing of

Hazardous Wastes; Wastes from Wood Surface Protection; Correction, [59 FR 28484] June 2, 1994. (Checklist 132).

OHWMA, as amended, 27A O.S., Supp. 1994 § 2–7–106, and 2–2–

104, effective 1994, and OAC Rules 252:200–3–1 through 252:200–

3–6, effective July 1, 1995.

9. Standards Applicable to Owners and Operators of Hazardous Waste

Treatment, Storage, and Disposal Facilities, Underground Storage,

Tanks, and Underground Injection Control Systems; Financial Assurance; Letter of Credit, [59 FR 29958] June 10, 1994. (Checklist 133).

OHWMA, as amended, 27A O.S., Supp. 1994, §§ 2–2–104, effective

1994, and OAC Rules 252:200–3–1 through 252:200–3–6 effective

July 1, 1995.

10. Hazardous Waste Management System; Correction of Listing of

P015-Beryllium Powder, [59 FR 31551–31552] June 20, 1994.

(Checklist 134).

OHWMA, as amended, 27A O.S., Supp. 1994, §§ 2–2–104, and 2–7–

106, effective 1994, and OAC Rules 252:200–3–1 through 252:200–

3–6, effective July 1, 1995.

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’

and, is therefore not subject to review by

the Office of Management and Budget.

In addition, this action does not impose

any enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995
Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Rules and Regulations 12101

(Pub. L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or involve

special consideration of environmental

justice related issuess as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

Because this action is not subject to

notice-and-comment requirements

under the Administrative Procedure Act

or any other statute, it is not subject to

the provisions of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

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: February 11, 1997.

Jerry Clifford,

Acting Regional Administrator.

[FR Doc. 97–6511 Filed 3–13–97; 8:45 am]

BILLING CODE 6560–50–P

LEGAL SERVICES CORPORATION

45 CFR Part 1610

Use of Non-LSC Funds

AGENCY: Legal Services Corporation.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule revises the

Legal Services Corporation’s

(‘‘Corporation’’ or ‘‘LSC’’) rule

concerning the use of non-LSC funds by

LSC recipients. The revisions are

intended to address constitutional

challenges raised by the previous rule,

and to ensure that no LSC-funded entity

engages in restricted activities. This

revised rule deletes the provisions on

transfers of non-LSC funds and adds a

new section setting out standards for the

integrity of recipient programs.

DATES: The interim rule is effective on

March 14, 1997. Comments must be

submitted on or before April 14, 1997.

ADDRESSES: Comments should be

submitted to the Office of the General

Counsel, Legal Services Corporation,

750 First St. NE., 11th Floor,

Washington, DC 20002–4250.

FOR FURTHER INFORMATION CONTACT:

Victor Fortuno, General Counsel, (202)

336–8910.

SUPPLEMENTARY INFORMATION: On

December 2, 1996, the Corporation

published a completely revised final

rule to implement Section 504 in the

Corporation’s FY 1996 appropriations

act, Pub. L. 104–134, 110 Stat. 1321

(1996), as incorporated by the

Corporation’s FY 1997 appropriations

act, Pub. L. 104–208, 110 Stat. 3009.

Section 504 applies certain restrictions

to any person or entity receiving LSC

funds, effectively restricting the use of

virtually all of a recipient’s funds to the

same degree that it restricts LSC funds.

Although not required to by law, the

Corporation extended the restrictions on

a recipient’s funds to a transfer of a

recipient’s non-LSC funds. Thus, the

rule required that when a recipient

transferred its non-LSC funds to an

entity that had no LSC funds, the

conditions would remain attached to the

transferred funds. However, the other

funds of the entity would not be

affected.

In January 1997, five legal services

recipients in Hawaii, Alaska, and

California, together with two of their

program lawyers, two non-federal

funders and a client organization, filed

suit in the United States District Court

for the District of Hawaii challenging a

number of the Section 504 restrictions

as unconstitutional conditions on their

use of non-LSC funds. Legal Aid Society

of Hawaii, et al. v. Legal Services

Corporation, Civil Action No. 97–00032

ACK. On February 14, 1997, the Court

entered an order which preliminarily

enjoined the Corporation from enforcing

restrictions on the recipients’’ use of

non-LSC funds for certain restrictions as

to which the Court determined that the

plaintiffs’’ had a fair likelihood of

demonstrating an infringement of First

Amendment rights. The Court’s

preliminary ruling was grounded in

pertinent part on its understanding of

the Corporation’s interrelated

organization policy, but also implicated

the expansive reach of the Corporation’s

restrictions on non-LSC funds. The

effect of the preliminary order is to

allow those recipients who are plaintiffs

in the case to use their non-LSC funds

to engage in certain prohibited activities

within their recipient programs during

the interim period before a trial on the

merits and a final ruling by the judge.

This creates at least a temporary

situation clearly at odds with

congressional intent.

The Corporation has reviewed its

policies and regulations and is making

certain limited adjustments, which are

intended both to preserve the statutory

system created by Congress that forbids

recipients from engaging in prohibited

activities and subsidizing prohibited

activities with LSC funds and to

respond to the constitutional concerns

addressed by the Court. In making these

limited revisions, the Corporation is

acting to reinforce its commitment to

the statutory structure of prohibitions

and restrictions intended by Congress

without risking the possible

infringement of constitutional rights

where the prohibited activities are

supported entirely by non-LSC funds

and carried out without subsidization

by the LSC grantee. Under the Court’s

decision, an LSC-funded entity can

engage in restricted activities. While

recognizing that this initial decision is

not dispositive of the issue, the

Corporation is mindful that Congress

clearly intended to assure that no LSCfunded entity engage in restricted

activities.

The Operations and Regulations

Committee (‘‘Committee’’) of the

Corporation’s Board of Directors

(‘‘Board’’) held public hearings on this

matter and considered a draft interim

rule on March 7, 1997. The Committee

recommended and the Board agreed on

March 8, 1997, to publish this revised

rule as an interim rule. An interim rule

is necessary in order to provide prompt

and critically necessary guidance to LSC

recipients on the revised legal status of

these regulations, address the alleged

constitutional infirmities, and yet

preserve the integrity of LSC-funded

programs consistent with congressional

intent. Accordingly, prior notice and

public comment are impracticable,

unnecessary, and contrary to the public

interest. See 5 U.S.C. Sections

553(b)(3)(B) and 553(d)(3). This rule is

effective upon publication. However,

the Corporation also solicits comment

on this interim rule for review and

consideration by the Committee and

Board. After receipt of written public

comment, the Committee intends to

hold public hearings to discuss the

written comments and to hear oral

comments. It is anticipated that a final

rule will be issued, which will

supersede this interim rule.

Generally, this rule deletes provisions

in Section 1610.7 on the transfer of nonLSC funds and adds a new section

dealing with the integrity of recipient

programs. This section also formally

replaces and nullifies Section 1–7 of the

Corporation’s 1986 Audit and

Accounting Guide, which sets out the

Corporation’s policy on interrelated

organizations.

A section-by-section analysis is

provided below.