23220 Federal Register / Vol. 63, No. 81 /Tuesday, April 28, 1998 /Rules and Regulations

(3) Moving Safety Zone: Dredge

FLORIDA. All waters within 50 yards on

all sides of the Dredge FLORIDA, when

it is within three nautical miles of the

base line from which the United States

territorial sea is measured and engaged

in dredging operations associated with

the Pier 400 project.

(b) Dates. This section is effective

from 6 a.m. PDT on May 28, 1998

through 11:59 p.m. PST on December

31, 1999.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into, transit through, or

anchoring within any of these safety

zones is prohibited unless authorized by

the Captain of the Port Los AngelesLong Beach, CA.

Dated: April 13, 1998.

G.F. Wright,

Captain, U.S. Coast Guard, Captain of the

Port, Los Angeles-Long Beach, California.

[FR Doc. 98–11224 Filed 4–27–98; 8:45 am]

BILLING CODE 4910–15–M

PANAMA CANAL COMMISSION

RIN 3207–AA45

35 CFR Parts 133 and 135

Tolls for Use of Canal; Rules for

Measurement of Vessels

AGENCY: Panama Canal Commission.

ACTION: Final rule.

SUMMARY: The Panama Canal

Commission (Commission) is

establishing new toll rates for certain

small vessels using the waterway. These

new tolls are based on the overall length

of the vessels.

The Commission considers this

increase necessary to recover a portion

of the resources expended in the transit

of small vessels and to provide a more

efficient use of Canal capacity and

resources. This toll increase complies

with the statutory requirement which

requires the Commission to produce

revenues sufficient to cover all costs of

maintenance and operation of the

Panama Canal, including capital for

plant replacement, expansion and

improvements.

DATES: Effective June 1, 1998.

FOR FURTHER INFORMATION CONTACT: John

A. Mills, Telephone: (202) 634–6441,

Facsimile: (202) 634–6439, E-mail:

pancanalwo@aol.com; or Department of

Financial Management, Telephone: 011

(507) 272–3137, Facsimile: 011 (507)

272–3433, E-mail: fmf@pancanal.com.

SUPPLEMENTARY INFORMATION: These new

tolls are based on the overall length of

the vessel as follows: 1) up to 15.24

meters (50 feet), $500, (approximately

194 PC/UMS Net Tons at the current

laden rate); 2) more than 15.24 meters

(50 feet) up to 24.38 meters (80 feet),

$750, (approximately 291 PC/UMS Net

Tons at the current laden rate); 3) more

than 24.38 meters (80 feet) up to 30.48

meters (100 feet), $1,000,

(approximately 389 PC/UMS Net Tons

at the current laden rate); and, 4) more

than 30.48 meters (100 feet), $1,500,

(approximately 583 PC/UMS Net Tons

at the current laden rate).

In November, 1997, President Clinton

signed into law an amendment to Public

Law 96–70, section 1602 (22 U.S.C.

3792) which expanded the authority of

the Commission to fix tolls for small

vessels seeking to transit the Panama

Canal. On January 5, 1998, a notice of

proposed rulemaking was published in

the Federal Register (63 FR 186). The

Commission proposed to set a fixed,

minimum toll for certain small vessels

transiting the Panama Canal. The

proposal required all vessels with PC/

UMS Net Tonnages (laden or ballast) or

displacement tonnage which would

result in a toll of less than $1,500 to pay

a fixed, minimum toll of $1,500. This

change was deemed necessary because

small vessels impose administrative

costs and logistical problems which are

not offset by the tolls they currently pay.

To ensure maximum notification and

participation in the rulemaking process,

the Commission issued several official

announcements of its proposal through

press releases, the local media, and also

published the proposal at the

Commission’s web site on the Internet.

A written analysis of the proposal

explaining the proposed toll change was

made available to interested parties.

This document stated the proposed

revision to toll charges would produce

revenues sufficient to offset some of the

administrative and operating costs

actually incurred by the Commission in

transiting this type of vessel.

The Commission solicited written

comments from the public and received

over 92 responses from several sectors

of the local and international maritime

community. In addition, a hearing was

held in the Republic of Panama on

February 13, 1998, at the Miraflores

Visitors Pavilion Theater. A complete

record of that proceeding, including the

data and comments submitted by

interested parties, is contained in the

Panel Report to the Board of Directors

(Board) of the Commission, and is

available to the public. The views and

arguments presented by interested

parties, as well as other relevant

information, were considered by the

Board during its quarterly meeting on

March 30, 1998. Based upon this

review, and with the purpose of

recovering some of the resources

expended in the transit of small vessels,

the Board approved the implementation

of a modified, four-tier minimum toll

based on the overall length of small

vessels transiting the waterway. The

implementation date of the proposal

was also delayed to accommodate, to

some extent, those Canal customers

concerned with the impact a minimum

toll would have on them.

The Panel Report more fully

addresses the most significant

comments submitted by interested

parties, either in writing or in testimony

at the public hearing. Any interested

party, upon request and payment of

duplicating costs, may obtain a copy of

the report by contacting the

Commission.

Section 1602(b) of the Panama Canal

Act of 1979, as amended, (22 U.S.C.

3792(b)), requires Canal tolls be

prescribed at rates calculated to produce

revenues which cover as nearly as

practicable all costs of maintaining and

operating the Panama Canal, as well as

produce capital for plant replacement,

expansion and improvements. With the

implementation of this rule, the

Commission will better utilize the

operational, administrative, and

financial resources involved in the

transit of small vessels.

The Commission is exempt from

Executive Order 12866 and its

provisions do not apply to this rule.

Even if the Order were applicable, the

rule would not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act. The

implementation of the rule will have no

adverse effect on competition,

employment, investment, productivity,

innovation, or on the ability of United

States-based enterprises to compete

with foreign-based enterprises in

domestic or export markets.

Finally, the Secretary of the Panama

Canal Commission certifies these

changes meet the applicable standards

set out in sections 2(a) and 2(b)(2) of

Executive Order 12778.

List of Subjects

35 CFR Part 133

Navigation, Panama Canal, Vessels.

35 CFR Part 135

Measurement, Panama Canal, Vessels.

For the reasons stated in the

preamble, the Panama Canal

Commission is amending 35 CFR parts

133 and 135 as follows:
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.