Federal Register / Vol. 63, No. 81 /Tuesday, April 28, 1998 /Rules and Regulations 23221

PART 133—TOLLS FOR USE OF

CANAL

1. The authority citation for part 133

continues to read as follows:

Authority: 22 U.S.C. 3791–3792, 3794.

2. Section 133.1 is revised to read as

follows:

§ 133.1 Rates of Toll.

The following rates of toll shall be

paid by vessels using the Panama Canal:

(a) On merchant vessels, yachts, army

and navy transports, colliers, hospital

ships, and supply ships, when carrying

passengers or cargo, $2.57 per PC/UMS

Net Ton—that is, the Net Tonnage

determined in accordance with part 135

of this chapter.

(b) On vessels in ballast without

passengers or cargo, $2.04 per PC/UMS

Net Ton.

(c) On other floating craft including

warships, other than transports, colliers,

hospital ships and supply ships, $1.43

per ton of displacement.

(d) On small vessels which, under

paragraphs (a) through (c), would be

assessed a toll of less than $1,500, a

minimum toll based upon their length

overall in accordance with the following

table:

Up to 15.24 meters (50 feet) .................................................................... $500, i.e., approximately 194 PC/UMS Net Tons at the current laden

rate.

More than 15.24 meters (50 feet) up to 24.38 meters (80 feet) ............. $750, i.e., approximately 291 PC/UMS Net Tons at the current laden

rate.

More than 24.38 meters (80 feet) up to 30.48 meters (100 feet) ........... $1,000, i.e., approximately 389 PC/UMS Net Tons at the current

laden rate.

More than 30.48 meters (100 feet) .......................................................... $1,500, i.e., approximately 583 PC/UMS Net Tons at the current

laden rate.

(e) Vessels with structural features

which render the application of

paragraph (d) of this section

unreasonable or impractical, as

determined by the Panama Canal

Commission, shall have a PC/UMS Net

Tonnage or displacement tonnage

determined and shall have the toll

assessed in accordance with paragraphs

(a), (b) or (c) of this section, provided

that tonnage determination results in

tonnage greater than the equivalent of

583 PC/UMS Net Tons.

PART 135—RULES FOR

MEASUREMENT OF VESSELS

1. The authority citation for part 135

continues to read as follows:

Authority: 22 U.S.C. 3791–3792, 3794.

2. Section 135.1 is amended by

adding at the end thereof two new

sentences to read as follows:

§ 135.1 Scope.

* * * Vessels measuring not more

than 30.48 meters (100 feet) in length

overall are not required to be measured.

If the Panama Canal Commission

determines the toll provided in § 133.1

(d) will apply, the vessel need not be

assigned a PC/UMS Net Tonnage.

Dated: April 23, 1998.

John A. Mills,

Secretary.

[FR Doc. 98–11269 Filed 4–27–98; 8:45 am]

BILLING CODE 3640–04–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 272

[FRL–5988–2]

New Mexico: Final Authorization and

Incorporation by Reference of State

Hazardous Waste Management

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: New Mexico has revised its

hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). The EPA has reviewed New

Mexico’s changes to its program and has

made a decision, subject to public

review and comment, that New

Mexico’s hazardous waste program

revisions satisfy all of the requirements

necessary to qualify for final

authorization. Unless adverse written

comments are received during the

review and comment period provided

for public participation in this process,

EPA’s decision to approve New

Mexico’s hazardous waste program

revisions will take effect as provided

below. New Mexico’s program revisions

are available for public review and

comment.

The EPA uses part 272 of Title 40

Code of Federal Regulations (CFR) to

provide notice of the authorization

status of State programs, and to

incorporate by reference EPA’s approval

of those provisions of the State statutes

and regulations that EPA will enforce

under RCRA sections 3008, 3013 and

7003. Thus, EPA intends to incorporate

the New Mexico Authorized State

Program by reference in 40 CFR part

272. The purpose of this action is to

incorporate by reference EPA’s approval

of recent revisions to New Mexico’s

program.

DATES: Final authorization for New

Mexico’s program revisions shall be

effective July 13, 1998 unless EPA

publishes a prior FR action withdrawing

this immediate final rule. All comments

on New Mexico’s program revisions

must be received by the close of

business May 28, 1998. The

incorporation of certain publications

listed in the regulations is approved by

the Director of the Federal Register as of

July 13, 1998 in accordance with 5

U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Copies of New Mexico’s

program revisions and materials EPA

used in evaluating the revisions are

available for copying from 8:30 a.m. to

4 p.m. Monday through Friday, at the

following addresses: New Mexico

Environment Department, 1190 St

Francis Drive, Santa Fe, New Mexico

87502, Phone number: (505) 827–1558;

EPA Region 6 Library, 12th Floor, 1445

Ross Avenue, Dallas, Texas 75202–2733,

Phone number: (214) 665–6444. Written

comments referring to Docket Number

NM98–1 should be sent to Alima

Patterson, Region 6 Authorization

Coordinator, Grants and Authorization

Section (6PD–G), Multimedia Planning

and Permitting Division, EPA Region 6,

1445 Ross Avenue, Dallas, Texas 75202–

2733, Phone number: (214) 665–8533.

FOR FURTHER INFORMATION CONTACT:

Alima Patterson, Region 6 Authorization

Coordinator, Grants and Authorization

Section (6PD–G), Multimedia Planning

and Permitting Division, EPA Region 6,

1445 Ross Avenue, Dallas, Texas 75202–

2733, Phone number: (214) 665–8533.
23222 Federal Register / Vol. 63, No. 81 /Tuesday, April 28, 1998 /Rules and Regulations

SUPPLEMENTARY INFORMATION:

I. Authorization of State Initiated

Changes

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. In addition,

as an interim measure, the Hazardous

and Solid Waste Amendments of 1984

(Public Law 98–616, November 8, 1984,

hereinafter HSWA) allow States to

revise their programs to become

substantially equivalent instead of

equivalent to RCRA requirements

promulgated under HSWA authority.

States exercising the latter option

receive ‘‘interim authorization’’ for the

HSWA requirements under section

3006(g) of RCRA, 42 U.S.C. 6926(g), and

later apply for final authorization for the

HSWA requirements.

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 124,

260 through 266, 268, 270, 273, and 279.

B. New Mexico

The State of New Mexico received

final authorization to implement its base

hazardous waste management program,

on January 25, 1985, (50 FR 1515). New

Mexico received authorization for

revisions to its program on April 10,

1990 (55 FR 4604); July 25, 1990 (55 FR

28397); December 4, 1992 (57 FR

45717); August 23, 1994 (59 FR 29734);

December 21, 1994 (59 FR 51122); July

10, 1995 (60 FR 20238); January 2, 1996

(60 FR 53708) as affirmed by EPA in the

Federal Register notice published on

January 26, 1996 (61 FR 2450)); and

March 10, 1997 (61 FR 67474). The

authorized New Mexico RCRA program

was incorporated by reference to the

CFR, effective December 13, 1993 (58 FR

52677); August 21, 1995 (60 FR 32113);

and November 18, 1996 (61 FR 49265).

With respect to today’s document,

New Mexico has made conforming

changes to make its regulations

internally consistent relative to the

revisions made for the above listed

authorizations. New Mexico has also

changed its regulations to make them

more consistent with the Federal

requirements. The EPA has reviewed

these changes and has made an

immediate final decision, in accordance

with 40 CFR 271.21(b)(3), that New

Mexico’s hazardous waste program

revisions satisfy all of the requirements

necessary to qualify for final

authorization. Consequently, EPA grants

final authorization for the additional

program modifications to New Mexico’s

hazardous waste program. As explained

in the Proposed Rule section of today’s

FR, the public may submit written

comments on EPA’s immediate final

decision until June 12, 1998. Copies of

New Mexico’s program revisions are

available for inspection and copying at

the locations indicated in the

ADDRESSES section of this document.

Approval of New Mexico’s program

revision shall become effective in 75

days unless an adverse comment

pertaining to the State’s revision

discussed in this notice 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.

New Mexico is authorized to carry

out, in lieu of the Federal program, the

State-initiated changes to Title 20,

Chapter 4, Part 1, New Mexico

Annotated Code (20 NMAC 4.1),

Sections 4.1.300 and 4.1.301 (analogous

to 40 CFR Part 262) and 4.1.901.A.1

(analogous to 40 CFR 124.6(a)). The

State regulations were effective

November 1, 1995. In addition, EPA is

authorizing changes to 4.1.1109 which

was effective November 1, 1995. This

provision does not have a direct analog

in the Federal RCRA regulations

however, none of these provisions are

considered broader in scope than the

Federal program. This is so because

these provisions were either previously

authorized as part of New Mexico’s base

authorization or have been added to

make the State’s regulations internally

consistent with changes made for the

other authorizations listed in the first

paragraph of this section. The EPA has

reviewed these provisions and has

determined that they are consistent with

and no less stringent than the Federal

requirements. Additionally, this

authorization does not affect the status

of State permits and those permits

issued by EPA because no new

substantive requirements are a part of

these revisions.

New Mexico is not authorized to

operate the Federal program on Indian

lands. This authority remains with EPA.

C. Decision

I conclude that New Mexico’s

program revisions meet all of the

statutory and regulatory requirements

established by RCRA. Accordingly, New

Mexico is granted final authorization to

operate its hazardous waste program as

revised assuming no adverse comments

are received, as discussed above.

New Mexico now has responsibility

for permitting treatment, storage, and

disposal facilities within its borders and

carrying out the aspects of the RCRA

program described in its revised

program application, subject to the

limitations of the HSWA. New Mexico

also has primary enforcement

responsibilities, although EPA retains

the right to conduct inspections under

section 3007 of RCRA and to take

enforcement actions under sections

3008, 3013 and 7003 of RCRA.

II. Incorporation by Reference

A. Background

Effective December 13, 1993, August

21, 1995 and November 18, 1996, EPA

incorporated by reference New Mexico’s

then authorized hazardous waste

program (58 FR 52677, 60 FR 32113 and

61 FR 49265). Effective March 10, 1997

(61 FR 67474), EPA granted

authorization to New Mexico for

additional program revisions. In this

document, EPA is incorporating the

currently authorized State hazardous

waste program in New Mexico.

The EPA provides both notice of its

approval of State programs in 40 CFR

part 272 and incorporates by reference

therein the State statutes and

regulations that EPA will enforce under

sections 3008, 3013 and 7003 of RCRA.

This effort will provide clearer notice to

the public of the scope of the authorized

program in New Mexico. Such notice is

particularly important in light of

HSWA, (PL 98–616). Revisions to State

hazardous waste programs are necessary

when Federal statutory or regulatory

authority is modified. Because HSWA

extensively amended RCRA, State

programs must be modified to reflect

those amendments. By incorporating by

reference the authorized New Mexico

program and by amending the CFR

whenever a new or different set of

requirements is authorized in New

Mexico, the status of Federally

approved requirements of the New

Mexico program will be readily

discernible.

The Agency will only enforce those

provisions of the New Mexico

hazardous waste management program

for which authorization approval has

been granted by EPA. This document

incorporates by reference provisions of

State hazardous waste statutes and

regulations and clarifies which of these

provisions are included in the

authorized and Federally enforceable

program.
Federal Register / Vol. 63, No. 81 /Tuesday, April 28, 1998 /Rules and Regulations 23223

B. New Mexico Authorized Hazardous

Waste Program

The EPA is incorporating by reference

the New Mexico authorized hazardous

waste program in subpart GG of 40 CFR

part 272. The State statutes and

regulations are incorporated by

reference at § 272.1601(b)(1) and the

Memorandum of Agreement, the

Attorney General’s Statement and the

Program Description are referenced at

§ 272.1601(b)(5), (b)(6) and (b)(7),

respectively.

The Agency retains the authority

under sections 3007, 3008, 3013 and

7003 of RCRA to undertake enforcement

actions in authorized States. With

respect to such an enforcement action,

the Agency will rely on Federal

sanctions, Federal inspection

authorities, and the Federal

Administrative Procedure Act rather

than the authorized State analogues to

these requirements. Therefore, the

Agency does not intend to incorporate

by reference for purposes of

enforcement such particular, authorized

New Mexico enforcement authorities.

Section 272.1601(b)(2) of 40 CFR lists

those authorized New Mexico

authorities that are part of the

authorized program but are not

incorporated by reference.

The public also needs to be aware that

some provisions of the State’s hazardous

waste management program are not part

of the Federally authorized State

program. These non-authorized

provisions include:

(1) provisions that are not part of the

RCRA subtitle C program because they

are ‘‘broader in scope’’ than RCRA

subtitle C (see 40 CFR 271.1(i));

(2) Federal rules for which New

Mexico is not authorized, but which

have been incorporated into the State

regulations because of the way the State

adopted Federal regulations by

reference.

State provisions which are ‘‘broader

in scope’’ than the Federal program are

not part of the State’s authorized

program and are not incorporated by

reference in 40 CFR part 272. Section

272.1601(b)(3) of 40 CFR lists for

reference and clarity the New Mexico

provisions which are ‘‘broader in scope’’

than the Federal program and which are

not, therefore, part of the authorized

program being incorporated by

reference. ‘‘Broader in scope’’

provisions will not be enforced by EPA;

the State, however, will continue to

enforce such provisions.

New Mexico has adopted but is not

authorized for the Federal rules

published in the Federal Register from

January 28, 1983 through March 20,

1984 (48 FR 3977, 48 FR 39611, 48 FR

52718, 49 FR 5308, and 49 FR 10490);

amendments to the Toxicity

Characteristic Rule as published on

October 5, 1990 (55 FR 40834), February

1, 1991 (56 FR 3978), February 13, 1991

(56 FR 5910) and April 2, 1991 (56 FR

13406); amendments to the F037 and

F038 listings as published on May 13,

1991 (56 FR 21955); amendments to 40

CFR parts 260, 261, 264, 265 and 266

relative to the Recycled Used Oil

Management Standards, as published on

September 10, 1992 (57 FR 41565) and

May 3, 1993 (58 FR 26420);

amendments to the Boilers and

Industrial Furnace Rule as published on

November 9, 1993 (58 FR 59598);

amendments to 40 CFR part 261

addressing Conditional Exemption for

Scale Treatability Studies as published

on February 18, 1994 (59 FR 8362) and

amendments to 40 CFR part 264

regarding Letter of Credit as published

on June 10, 1994 (59 FR 29958).

Therefore, these Federal amendments

included in New Mexico’s adoption by

reference of the Federal code at Title 20,

Chapter 4, Part 1, New Mexico

Administrative Code (20 NMAC 4.1),

Subparts I, II, V, VI, and VII are not

Federally enforceable.

Since EPA cannot enforce a State’s

requirements which have not been

reviewed and approved according to the

Agency’s authorization standards, it is

important that EPA clarify any

limitations on the scope of a State’s

approved hazardous waste program.

Thus, in those instances where a State’s

method of adopting Federal law by

reference has the effect of including

unauthorized requirements, EPA will

provide this clarification by: (1)

incorporating by reference the relevant

State legal authorities according to the

requirements of the Office of Federal

Register; and (2) subsequently

identifying in 272.1601(b)(4) any

requirements which, while adopted and

incorporated by reference, are not

authorized by EPA, and therefore are

not Federally enforceable. Thus,

notwithstanding the language in the

New Mexico hazardous waste

regulations incorporated by reference at

272.1601(b)(1), EPA would only enforce

the State provisions that are actually

authorized by EPA. With respect to

HSWA requirements for which the State

has not yet been authorized, EPA will

continue to enforce the Federal HSWA

standards until the State receives

specific HSWA authorization from EPA.

C. HSWA Provisions

As noted above, the Agency is not

amending 40 CFR part 272 to include

HSWA requirements and prohibitions

that are immediately effective in New

Mexico and other States. Section

3006(g) of RCRA provides that any

requirement or prohibition of HSWA

(including implementing regulations)

takes effect in authorized States at the

same time that it takes effect in

nonauthorized States. Thus, EPA has

immediate authority to implement a

HSWA requirement or prohibition once

it is effective. A HSWA requirement or

prohibition supercedes any less

stringent or inconsistent State provision

which may have been previously

authorized by EPA (50 FR 28702, July

15, 1985).

Because of the vast number of HSWA

statutory and regulatory requirements

taking effect over the next few years,

EPA expects that many previously

authorized and incorporated by

reference State provisions will be

affected. The States are required to

revise their programs to adopt the

HSWA requirements and prohibitions

by the deadlines set forth in 40 CFR

271.21, and then to seek authorization

for those revisions pursuant to 40 CFR

part 271. The EPA expects that the

States will be modifying their programs

substantially and repeatedly. Instead of

amending the 40 CFR part 272 every

time a new HSWA provision takes effect

under the authority of RCRA section

3006(g), EPA will wait until the State

receives authorization for its analog to

the new HSWA provision before

amending the State’s 40 CFR part 272

incorporation by reference. In the

interim, persons wanting to know

whether a HSWA requirement or

prohibition is in effect should refer to 40

CFR 271.1(j), as amended, which lists

each such provision.

The incorporation by reference of

State authorized programs in the CFR

should substantially enhance the

public’s ability to discern the current

status of the authorized State program

and clarify the extent of Federal

enforcement authority. This will be

particularly true as more State program

revisions to adopt HSWA provisions are

authorized.

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, EPA 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,
23224 Federal Register / Vol. 63, No. 81 /Tuesday, April 28, 1998 /Rules and Regulations

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 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 it merely grants authorization

for existing requirements with which

regulated entities must already comply

under State 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 requirements

being authorized and codified today are

the result of New Mexico’s voluntary

participation in accordance with RCRA

subtitle C.

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 because today’s action

grants authorization as well as

incorporating by reference an existing

State program that EPA previously

authorized. Thus, today’s rule is not

subject to the requirements of sections

202 and 205 of the UMRA.

The requirements of section 203 of

UMRA also do not apply to today’s

action. Before EPA establishes any

regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, section 203 of UMRA

requires EPA 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 be hazardous waste

generators, transporters, or own and/or

operate treatment, storage, and disposal

facilities, this codification incorporates

into the CFR New Mexico’s

requirements which have already been

authorized by EPA under 40 CFR part

271 and, thus, small governments are

not subject to any additional significant

or unique requirements by virtue of this

authorization and codification.

Certification Under the Regulatory

Flexibility Act

The EPA has determined that this

authorization and codification will not

have a significant economic impact on

a substantial number of small entities.

Such small entities which are hazardous

waste generators, transporters, or which

own and/or operate treatment, storage,

or disposal facilities are already subject

to the state requirements authorized by

EPA under 40 CFR part 271. The EPA’s

authorization and codification does not

impose any additional burdens on these

small entities. This is because EPA’s

codification would simply result in an

administrative change, rather than a

change in the substantive requirements

imposed on small entities.

Therefore, EPA 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 codification will not have a

significant economic impact on a

substantial number of small entities.

This codification incorporates New

Mexico’s requirements into the CFR

which have been authorized by EPA

under 40 CFR part 271. It does not

impose any new burdens on small

entities. This rule, therefore, does not

require a regulatory flexibility analysis.

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 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. The 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 United

States prior to publication of the rule in

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

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.

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.

List of Subjects in 40 CFR Part 272

Environmental Protection,

Administrative practice and procedure,

Confidential business information,

Hazardous waste transportation,

Hazardous waste, Incorporation by

reference, Indian lands,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

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: March 19, 1998.

Lynda F. Carroll,

Acting Deputy Regional Administrator,

Region 6.

40 CFR part 272 is amended as

follows:

PART 272—APPROVED STATE

HAZARDOUS WASTE MANAGEMENT

PROGRAMS

1. The authority citation for part 272

continues to read as follows:

Authority: Sections 2002(a), 3006, and

7004(b) of the Solid Waste Disposal Act, as

amended by the Resource Conservation and

Recovery Act of 1976, as amended, 42 U.S.C.

6912(a), 6926, and 6974(b).

2. Subpart GG is amended by revising

§ 272.1601 to read as follows:

§ 272.1601 New Mexico StateAdministered Program: Final Authorization.

(a) Pursuant to section 3006(b) of

RCRA, 42 U.S.C. 6926(b), New Mexico

has final authorization for the following

elements as submitted to EPA in New

Mexico’s base program application for

final authorization which was approved

by EPA effective January 25, 1985.

Subsequent program revision

applications were approved effective on

April 10, 1990, July 25, 1990, December

4, 1992, August 23, 1994, December 21,

1994, July 10, 1995, January 2, 1996,

March 10, 1997 and June 13, 1998.

(b) State Statutes and Regulations.

(1) The New Mexico statutes and

regulations cited in this paragraph are

incorporated by reference as part of the

hazardous waste management program

under subtitle C of RCRA, 42 U.S.C.

6921 et seq.

(i) The EPA Approved New Mexico

Statutory Requirements Applicable to

the Hazardous Waste Management

Program, dated September 1997.

(ii) The EPA Approved New Mexico

Regulatory Requirements Applicable to

the Hazardous Waste Management

Program, dated September 1997.

(2) The following statutes and

regulations concerning State
Federal Register / Vol. 63, No. 81 /Tuesday, April 28, 1998 /Rules and Regulations 23225

enforcement, although not incorporated

by reference, are part of the authorized

State program:

(i) New Mexico Statutes 1978

Annotated, Inspection of Public Records

Act, Chapter 14, Article 2, (1994

Cumulative Supplement), Sections 14–

2–1 et seq.

(ii) New Mexico Statutes 1978

Annotated, Hazardous Waste Act,

Chapter 74, Article 4, (1993

Replacement Pamphlet), Sections 74–4–

4 (except 74–4–4C), 74–4–4.1, 74–4–

4.2C through 74–4–4.2F, 74–4–4.2G(1),

74–4–4.2H, 74–4–4.2I, 74–4–4.3 (except

74–4–4.3A(2) and 74–4–4.3F), 74–4–

4.7B, 74–4–4.7C, 74–4–5, 74–4–7, 74–4–

10, 74–4–10.1 (except 74–4–10.1C), 74–

4–11 through 74–4–14.

(iii) Title 20, Chapter 4, Part 1, New

Mexico Administrative Code (20 NMAC

4.1), effective November 11, 1995,

Subpart IX, Section 4.1.901 (except

4.1.901.B.1 through 4.1.901.B.6); and

Subpart X, Sections 4.1.1101, 4.1.1105,

4.1.1106, and 4.1.1109.

(3)(i) The following statutory

provisions are broader in scope than the

Federal program, are not part of the

authorized program, and are not

incorporated by reference:

(ii) New Mexico Statutes 1978

Annotated, Hazardous Waste Act,

Chapter 74, Article 4, (1993

Replacement Pamphlet), Sections 74–4–

3.3 and 74–4–4.2J.

(4) Unauthorized State Provisions (i)

The State’s adoption of the Federal rules

listed below is not approved by EPA

and are, therefore, not enforceable:

Federal requirement Federal Register reference Publication

date

Biennial Repot .............................................................................................................. 48 FR 3977 ............................................... 01/28/83

Permit Rules; Settlement Agreement ........................................................................... 48 FR 39611 ............................................. 09/01/83

Interim Status Standards; Applicability ......................................................................... 48 FR 52718 ............................................. 11/22/83

Chlorinated Aliphatic Hydrocarbon Listing (F024) ........................................................ 49 FR 5308 ............................................... 02/10/84

National Uniform Manifest ............................................................................................ 49 FR 10490 ............................................. 03/20/84

Recycled Used Oil Management Standards ................................................................ 57 FR 41566: Amendments to 40 CFR

Parts 260, 261 and 266.

09/10/92

58 FR 26420: Amendments to 40 CFR

Parts 261, 264 and 265.

05/03/93

Revision of Conditional Exemption for Small Scale Treatability Studies ..................... 59 FR 8362 ............................................... 02/18/94

Letter of Credit Revision ............................................................................................... 59 FR 29958 ............................................. 06/10/94

(ii) Additionally, New Mexico has

adopted but is not authorized to

implement the HSWA rules that are

listed below in lieu of EPA. The EPA

will continue to enforce the Federal

HSWA standards for which New Mexico

is not authorized until the State receives

specific authorization from EPA.

Federal requirement Federal Register reference Publication

date

Toxicity .......................................................................................................................... 55 FR 40834 ............................................. 10/05/90

Characteristic ................................................................................................................ 56 FR 3978 ............................................... 02/01/91

Hydrocarbon Recovery Operations .............................................................................. 56 FR 13406 ............................................. 04/02/91

Toxicity .......................................................................................................................... 56 FR 5910 ............................................... 02/13/91

Characteristic

Chlorofluorocarbon

Refrigerants

Revisions to the Petroleum Refining Primary and Secondary Oil/Water/Solids Separation Sludge Listings (F037 and F038).56 FR 21955 ............................................. 05/13/91

Boilers and Industrial Furnaces; Administrative Stay and Interim Standards for Bevill

Residues.

58 FR 59598 ............................................. 11/09/93

(5) Memorandum of Agreement. The

Memorandum of Agreement between

EPA Region 6 and the State of New

Mexico signed by the EPA Regional

Administrator on December 11, 1996, is

referenced as part of the authorized

hazardous waste management program

under subtitle C of RCRA, 42 U.S.C.

6921 et seq.

(6) Statement of Legal Authority.

‘‘Attorney General’s Statement for Final

Authorization,’’ signed by the Attorney

General of New Mexico on January

1985, and revisions, supplements and

addenda to that Statement dated April

13, 1988; September 14, 1988; July 19,

1989; July 23, 1992; February 14, 1994;

July 18, 1994; July 20, 1994; August 11,

1994; November 28, 1994; August 24,

1995; and January 12, 1996, are

referenced as part of the authorized

hazardous waste management program

under subtitle C of RCRA, 42 U.S.C.

6921 et seq.

(7) Program Description. The Program

Description and any other materials

submitted as part of the original

application or as supplements thereto

are referenced as part of the authorized

hazardous waste management program

under subtitle C of RCRA, 42 U.S.C.

6921 et seq.

3. Appendix A to part 272 is amended

by revising the listing for ‘‘New Mexico’’

to read as follows:

* * * * *

New Mexico

The statutory provisions include:

New Mexico Statutes 1978 Annotated,

Hazardous Waste Act, Chapter 74,

Article 4 (1993 Replacement Pamphlet),

Sections 74–4–2, 74–4–3 (except 74–4–

3L, 74–4–3O and 74–4–3R), 74–4–3.1,

74–4–4.2A, 74–4–4.2B, 74–4–4.2G

introductory paragraph, 74–4–4.2G(2),

74–4–4.3F, 74–4–4.7 (except 74–4–4.7B

and 74–4–4.7C), 74–4–9 and 74–4–

10.1C, as published by the Michie

Company, Law Publishers, 1 Town Hall

Square, Charlottesville, Virginia 22906–

7587.

The regulatory provisions include:

Title 20, Chapter 4, Part 1, New

Mexico Annotated Code (20 NMAC 4.1),

effective November 11, 1995, Subpart I,

Sections 4.1.101 and 4.1.102; Subpart II,

Section 4.1.200; Subpart III, Sections

4.1.300 and 4.1.301; Subpart IV,
23226 Federal Register / Vol. 63, No. 81 /Tuesday, April 28, 1998 /Rules and Regulations

Sections 4.1.400 and 4.1.401; Subpart V,

Sections 4.1.500 and 4.1.501; Subpart

VI, Sections 4.1.600 and 4.1.601;

Subpart VII, Section 4.1.700; Subpart

VIII, Section 4.1.800; Subpart IX,

Sections 4.1.900, 4.1.901.B.1 through

4.1.901.B.6; and Subpart X, Section

4.1.1103. Copies of the New Mexico

regulations can be obtained from the

New Mexico Commission of Public

Records, State Records Center and

Archives, State Rules Division, 404

Montezuma Avenue, Santa Fe, NM

87501–2502.

* * * * *

[FR Doc. 98–11280 Filed 4–27–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 96–171; RM–8846, RM–

9145]

Radio Broadcasting Services; Indian

Springs, NV, Mountain Pass, CA,

Kingman, AZ, St. George, UT

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Claire B. Benezra, substitutes

Channel 257C for Channel 257A at

Indian Springs, NV, and modifies the

construction permit of Station KPXC to

specify operation on the higher powered

channel. To accommodate the allotment

at Indian Springs, Channel 259B is

substituted for Channel 258B at

Mountain Pass, CA, Channel 261C2 is

substituted for Channel 260C2 at

Kingman, AZ, and Channel 260C is

substituted for Channel 259C at St.

George, UT. The licenses of Stations

KHYZ, KGMN and KZEZ are modified

respectively. See 61 FR 44287, August

28, 1996. At the request of Indian

Springs Broadcasting Company and

Calvin J. and Lois A. Mandel, Channel

272C is allotted to Indian Springs. With

this action, this proceeding is

terminated.

DATES: Effective June 1, 1998. A filing

window for Channel 272C at Indian

Springs, NV, will not be opened at this

time. Instead, the issue of opening a

filing window for this channel will be

addressed by the Commission in a

subsequent order.

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 96–171,

adopted April 8, 1998, and released

April 17, 1998. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW, Washington, DC 20036.

Channel 257C can be allotted to

Indian Springs in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 21.2 kilometers (13.2

miles) southwest to accommodate

petitioner’s desired transmitter site.

Channel 272C can be allotted to Indian

Springs with a site restriction of 18.4

kilometers (11.4 miles) northwest to

avoid a short-spacing to Station KFMSFM, Channel 270C, Las Vegas, Nevada.

Channel 261C2 can be allotted to

Kingman, Arizona, at Station KGMN’s

licensed transmitter site. Channel 260C

can be allotted to St. George, Utah, at

Station KZEZ’s licensed transmitter site.

Channel 259B can be allotted to

Mountain Pass, California, at Station

KHYZ’s licensed transmitter site. The

coordinates for Chanel 257C at Indian

Springs, NV, are 36–25–18 NL; 115–48–

35 WL. The coordinates for Channel

272C at Indian Springs are 36–41–41;

115–48–37. The coordinates for Channel

261C2 at Kingman, AZ, are 35–06–37;

113–52–55. The coordinates for Channel

260C at St. George, UT, are 36–50–49;

113–29–28. The coordinates for Channel

259B at Mountain Pass, CA, are 35–29–

27; 115–33–27. Concurrence by the

Mexican government in the allotments

at Kingman and Mountain Pass has been

received since both communities are

located within 320 kilometers (199

miles) of the U.S.-Mexican border.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334. 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Arizona, is amended

by removing Channel 260C2 and adding

Channel 261C1 at Kingman.

3. Section 73.202(b), the Table of FM

Allotments under California, is

amended by removing Channel 258B

and adding Channel 259B at Mountain

Pass.

4. Section 73.202(b), the FM Table of

Allotments under Nevada, is amended

by removing Channel 257A and adding

Channel 257C and Channel 272C at

Indian Springs.

5. Section 73.202(b), the FM Table of

Allotments under Utah, is amended by

removing Channel 259C and adding

Channel 260C at St. George.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–11097 Filed 4–27–98; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 222 and 227

[Docket No. 961217358–6358–01; I.D.

041995B]

RIN 0648–XX77

Threatened Fish and Wildlife; Change

in Listing Status of Steller Sea Lions

Under the Endangered Species Act;

Correction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; correction.

SUMMARY: This document corrects the

preamble to a final rule (I.D. 041995B)

published in the Federal Register of May

5, 1997, regarding the Change in the

Listing Status of Steller Sea Lions under

the Endangered Species Act. This

correction clarifies the scope of this

final rule.

DATES: April 27, 1998.

FOR FURTHER INFORMATION CONTACT:

Margot Bohan, NMFS/FPR, 301–713–

2322.

SUPPLEMENTARY INFORMATION:

Need for Correction

As published, a description was

inappropriately inserted in the last

sentence of the summary section

describing the populations affected by

this listing change. This error changed

the intent of the final rule by appearing

to focus only on the U.S. population

segment of Steller sea lions, as opposed

to focusing on the Steller sea lion

species throughout its entire range.

Accordingly, the publication of the

final rule FR Doc. 97–11668, that