2896 Federal Register / Vol. 63, No. 12 / Tuesday, January 20, 1998 / Rules and Regulations

PART 117—[AMENDED]

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.609 is revised to read

as follows:

§ 117.609 Mystic River.

(a) The draw of the S99 Alford Street

Bridge, mile 1.4, small open on signal;

except that Monday through Saturday

(excluding holidays) from 7:45 a.m. to 9

a.m., 9:10 a.m. to 10 a.m. and 5 p.m. to

6 p.m., the draw need not open for the

passage of vessels. From November 1

through March 31, between 11 p.m. and

7 a.m., at least an 8 hour advance notice

is required for bridge openings by

calling the number posted at the bridge.

(b) The draw of the Wellington

Bridge, mile 2.5, need not be opened for

vessels.

Dated: January 5, 1998.

R. M. Larrbee,

Rear Admiral, U.S. Coast Guard Commander,

First Coast Guard District.

[FR Doc. 98–1274 Filed 1–16–98; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 272

[FRL–5948–1]

Hazardous Waste Management

Program: Incorporation by Reference

of Approved State Hazardous Waste

Program for Florida

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: Under the Resource

Conservation and Recovery Act of 1976,

as amended (RCRA), the United States

Environmental Protection Agency (EPA)

may grant Final Authorization to States

to operate their hazardous waste

management programs in lieu of the

Federal program. 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 those

provisions of the State statutes and

regulations that EPA will enforce under

RCRA Sections 3008, 3013 and 7003.

Thus, EPA intends to codify Florida’s

authorized State program in 40 CFR Part

272. The purpose of this action is to

incorporate by reference EPA’s approval

of Florida’s base hazardous waste

program and its revisions to that

program.

DATES: This document will be effective

March 23, 1998 unless EPA publishes a

prior Federal Register (FR) action

withdrawing this immediate final rule.

All comments on this action must be

received by the close of business

February 19, 1998. The incorporation by

reference of certain Florida statutes and

regulations was approved by the

Director of the Federal Register as of

March 23, 1998 in accordance with 5

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

ADDRESSES: Written comments should

be sent to Narindar Kumar, RCRA

Programs Branch, Waste Division,

Environmental Protection Agency,

Atlanta Federal Center, 61 Forsyth

Street, Atlanta, Georgia 30303.

Telephone number is 404–562–8440.

FOR FURTHER INFORMATION CONTACT:

Narindar Kumar, RCRA Programs

Branch, Waste Division, Environmental

Protection Agency, Atlanta Federal

Center, 61 Forsyth Street, Atlanta,

Georgia 30303. Telephone number is

404–562–8440.

SUPPLEMENTARY INFORMATION:

Background

Section 3006 of RCRA 42 U.S.C. 6926

et seq., allows the EPA to authorize

State hazardous waste programs to

operate in the State in lieu of the

Federal hazardous waste program. The

purpose of today’s Federal Register

document is to incorporate by reference

EPA’s approval of Florida’s base

hazardous waste management program

and its twelve revisions to that program.

On January 29, 1985, EPA published

a Federal Register notice announcing its

decision to grant final authorization for

the RCRA base program to the State of

Florida (see 50 FR 3908). Effective

January 30, 1988 (52 FR 45634); October

30, 1988 (53 FR 34759); January 3, 1989

(53 FR 50529); February 12, 1991 (55 FR

51416); April 6, 1992 (57 FR 4370 and

57 FR 4371); April 7, 1992 (57 FR 4738);

July 20, 1992 (57 FR 21351); January 10,

1994 (58 FR 59367); September 9, 1994

(59 FR 35266); October 17, 1994 (59 FR

41979); December 27, 1994 (59 FR

53753); and June 2, 1997 (62 FR 15407),

EPA granted Florida additional

authorization.

On January 29, 1989, Florida

transferred Parts I, II, III, IV and V of

Chapter 17–30 F.A.C. to a new rule,

Chapter 17–730 F.A.C. The Chapter

entitled Hazardous Waste remained the

same.

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 Florida. Such notice is

particularly important in light of the

Hazardous and Solid Waste Act

Amendments of 1984 (HSWA), Public

Law 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 Florida

program and by amending the Code of

Federal Regulations whenever a new or

different set of requirements is

authorized in Florida, the status of

Federally approved requirements of the

Florida program will be readily

discernible.

The Agency will only enforce those

provisions of the Florida 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.

Concerning HSWA, some State

requirements may be similar to HSWA

requirements that are in effect under

Federal statutory authority in that State.

However, a State’s HSWA-type

requirements are not authorized and

will not be codified into the CFR until

the Regional Administrator publishes

his final decision to authorize the State

for specific HSWA requirements. Until

such time, EPA will enforce the HSWA

requirements and not the State

analogues.

Florida’s Authorized Hazardous Waste

Program

To incorporate by reference the

Florida authorized hazardous waste

program, EPA intends to add Subpart K

to 40 CFR Part 272. The State statutes

and regulations are incorporated by

reference at 40 CFR 272.501(b)(1) and

the Memorandum of Agreement, the

Attorney General’s Statement and the

Program Description are referenced at

40 CFR 271.501(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
Federal Register / Vol. 63, No. 12 / Tuesday, January 20, 1998 / Rules and Regulations 2897

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

Florida enforcement authorities. Section

272.501(b)(2) of 40 CFR lists those

authorized Florida 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 Florida is

not authorized, but which have been

incorporated into the State regulations

because of the way the State adopted

Federal regulations by reference;

(3) Unauthorized amendments to

State provisions previously reviewed

and approved by EPA.

State provisions which are ‘‘broader

in scope’’ than the Federal program are

not incorporated by reference for

purposes of enforcement in 40 CFR 272.

Section 272.501(b)(3) of 40 CFR lists for

reference and clarity the Florida

statutory and regulatory 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.

Florida has adopted but is not

authorized for the corrective action

portion of the HSWA Codification Rule

published on July 15, 1985 (50 FR

28702); the Corrective Action portions

(for injection wells and for corrective

action beyond the facility boundary)

and the permit modification portion of

the HSWA Codification Rule 2

published on December 1, 1987 (52 FR

45788); Burning of Hazardous Waste in

Boilers and Industrial Furnaces rules

published on February 12, 1991, July 1,

1991, August 27, 1991, August 25, 1992,

and September 30, 1992 (56 FR 7134, 56

FR 32688, 56 FR 42504, 57 FR 38558,

and 57 FR 44999, respectively); the

Coke Ovens Administrative Stay rule

published on September 5, 1991 (56 FR

43874); the Recycled Coke By-Product

Exclusion rule published on June 22,

1992 (57 FR 27880); amendments to 40

CFR Parts 260, 261, 264, 265, and 266

relative to Recycled Used Oil

Management Standards rules published

on September 10, 1992 and May 3, 1993

(57 FR 41566 and 58 FR 26420,

respectively); and the Corrective Action

Management Units and Temporary

Units rule published on February 16,

1993 (58 FR 8658). Therefore, these

Federal rules which are included in the

Florida Administrative Code (F.A.C.),

effective September 7, 1995, Sections

62–730.020(1), 62–730.030(1), 62–

730.180(1), 62–730.180(2), 62–730.181,

62–730.183 and 62–730.220(3) 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 272.501(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

Florida hazardous waste regulations

incorporated by reference at

272.501(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.

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 Florida

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 non-authorized

States. Thus, EPA has immediate

authority to implement a HSWA

requirement or prohibition once it is

effective. A HSWA requirement or

prohibition supersedes any less

stringent or inconsistent State provision

which may have been previously

authorized by EPA (See 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. 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), 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 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,

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 makes federally

enforceable existing requirements with

which regulated entities must already

comply under State law. Second, the
2898 Federal Register / Vol. 63, No. 12 / Tuesday, January 20, 1998 / Rules and Regulations

Act also generally excludes from the

definition of a ‘‘Federal mandate’’ duties

that arise from participation in a

voluntary Federal program. The

requirements being codified today are

the result of Florida’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

merely codifies 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 TSDFs, this codification

incorporates into the Code of Federal

Regulations Florida’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

codification.

Certification Under the Regulatory

Flexibility Act

EPA has determined that this

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 TSDFs are already

subject to the State requirements

authorized by EPA under 40 CFR Part

271. EPA’s 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 ‘‘State’s’’

requirements which have been

authorized by EPA under 40 CFR Part

271 into the Code of Federal

Regulations. 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

General Accounting Office

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 the rule in

today’s 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.

Dated: December 30, 1997.

Phyllis Harris,

Acting Regional Administrator, Region IV.

For the reasons set forth in the

preamble, 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: Secs. 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 K is amended by adding

§ 272.501 to read as follows:

§ 272.501 Florida State-Administered

Program: Final Authorization.

(a) Pursuant to section 3006(b) of

RCRA, 42 U.S.C. 6926(b), Florida has

final authorization for the following

elements as submitted to EPA in

Florida’s base program application for

final authorizations which was

approved by EPA effective on February

12, 1985. Subsequent program revision

applications were approved and

effective January 30, 1988; October 30,

1988; January 3, 1989; February 12,

1991; April 6, 1992; April 7, 1992; July

20, 1992; January 10, 1994; September 9,

1994; October 17, 1994; December 27,

1994; and June 2, 1997.

(b) State Statutes and Regulations. (1)

The Florida 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) EPA Approved Florida’s Statutory

Requirements Applicable to the

Hazardous Waste Management Program,

dated December 1997.

(ii) EPA Approved Florida’s

Regulatory Requirements Applicable to

the Hazardous Waste Management

Program, dated December 1997.

(2) The following statutes and

regulations concerning State procedures

and enforcement, although not

incorporated by reference, are part of

the authorized State program:

(i) Florida Statutes, 1993, Chapter

119: 119.01; 119.011; 119.0115 through

119.031; 119.041; 119.05; 119.06;

119.07(1), (2), (3)(a)–(j), (3)(k)(1) first

sentence, (3)(l)–(u), (4), (5), and (8);

119.072; 119.08(1)(a), (2) and (3);

119.085; 119.09; 119.092; 119.10; and

119.11 through 119.14.

(ii) Florida Statutes, 1993, Chapter

120: 120.53; 120.57; 120.59; 120.68; and

120.69.

(iii) Florida Statutes, 1993, Chapter

403: 403.021(1)–(9); 403.051(1) and (2);

403.061(21); 403.087(1) second and

third sentences, (2)–(4), and (8);

403.0875; 403.091; 403.121; 403.131;

403.141(1) and (2); 403.151; 403.161;

403.201(1)–(3); 403.412; 403.702;

403.703(1); 403.704 (except (8), (11),

(20)–(23), (25), and (31)); 403.721(1);

403.721(2)–(4) (except (4)(a));

403.721(5); 403.721(6)(a)–(g), (j), (k);

403.721(7); 403.722(7) and (9)–(11);

403.7222(3); 403.724(3)–(6); 403.726

(except 403.726(3)); 403.73; 403.7545;

403.8055; and 403.814.
Federal Register / Vol. 63, No. 12 / Tuesday, January 20, 1998 / Rules and Regulations 2899

(iv) Florida Statutes, 1994

Supplement to 1993, Chapter 403:

403.061(14); 403.088; 403.707;

403.722(12); 403.7222(3); and 403.727.

(v) Florida Administrative Code,

Chapter 62–4, effective July 4, 1995: 62–

4.050(1)–(3); 62–4.070(4); and 62–

4.070(5).

(vi) Florida Administrative Code,

Chapter 62–103, effective October 20,

1996: 62–103.150; and 62–103.155.

(vii) Florida Administrative Code,

Chapter 62–730, effective September 7,

1995: 62–730.020(2); 62–730.184; 62–

730.200(3); 62–730.220(4); 62–

730.220(9); 62–730.231(10); 62–

730.240(3); and 62–730.310.

(3) The following statutory and

regulatory provisions are broader in

scope than the Federal program, are not

part of the authorized program, and are

not codified herein for enforcement

purposes.

(i) Florida Statutes, 1993, Chapter

403: 403.087(5); 403.201(4) (only the

phrase ‘‘may require by rule a

processing fee for and’’); 403.704(8);

403.721(4)(a); 403.7215(1)–(4);

403.722(8); 403.723; 403.724(7);

403.754(1)–(7); 403.767(1)–(3)(c); 403.78

through 403.7893; and 403.7895.

(ii) Florida Administrative Code,

Chapter 62–4, effective July 4, 1995: 17–

4.050(4)(k), (n)–(p), (r) and (s)–(x); 62–

4.050(5)–(7).

(iii) Florida Administrative Code,

Chapter 62–730, effective September 7,

1995: 62–730.170(2) and (3);62–

730.180(10); 62–730.290 (only the

phrase ‘‘and submittal of the

appropriate permit modification fee’’).

(4) Unauthorized State Provisions.

The State’s adoption of the following

Federal rules is not approved by EPA

and are, therefore, not enforceable:

Federal requirement Federal Register reference Publication

date

HSWA Codification Rule: Corrective Action (Checklist 17 L) ............................................... 50 FR 28702 ........................................ 7/15/85

HSWA Codification Rule 2: Corrective Action Beyond Facility Boundary (Checklist 44 B);

Corrective Action for Injection Wells (Checklist 44 C); and Permit Modification (Checklist 44 D).

52 FR 45788 ........................................ 12/1/87

Burning of Hazardous Waste in Boilers and Industrial Furnaces (Checklist 85) ................. 56 FR 7134 .......................................... 2/12/91

Burning of Hazardous Waste in Boilers and Industrial Furnaces; Corrections and Technical Amendments I (Checklist 94).56 FR 32688 ........................................ 7/1/91

Burning of Hazardous Waste in Boilers and Industrial Furnaces; Technical Amendments

II (Checklist 96).

56 FR 42504 ........................................ 8/27/91

Coke Ovens Administrative Stay (Checklist 98) ................................................................... 56 FR 43874 ........................................ 9/5/91

Recycled Coke By-Product Exclusion (Checklist 105) ......................................................... 57 FR 27880 ........................................ 6/22/92

Burning Hazardous Waste in Boilers and Industrial Furnaces; Technical Amendment III

(Checklist 111).

57 FR 38558 ........................................ 8/25/92

Recycled Used Oil Management Standards (Checklist 112) ............................................... 57 FR 41566: Amendments to 40 CFR

Parts 260, 261, and 266.

9/10/92

Burning of Hazardous Waste in Boilers and Industrial Furnaces; Technical Amendment

IV (Checklist 114).

57 FR 44999 ........................................ 9/30/92

Corrective Action Management Units and Temporary Units (Checklist 121) ....................... 58 FR 8658 .......................................... 2/16/93

Recycled Used Oil Management Standards; Technical Amendments and Corrections I

(Checklist 122).

58 FR 26420: Amendments to 40 CFR

Parts 261, 264, and 265.

5/3/93

(5) Memorandum of Agreement. The

Memorandum of Agreement between

EPA Region IV and the Florida

Department of Environmental

Protection, signed by the EPA Regional

Administrator on October 23, 1993, as

amended on November 28, 1994, and on

December 9, 1994, 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’’ certifications signed by

the General Counsel of Florida on June

21, 1984; March 12, 1987; June 16, 1988;

February 21, 1989; May 30, 1989; June

13, 1990; May 28, 1991; October 9, 1991;

July 14, 1992; September 24, 1993;

December 20, 1993; February 27, 1994;

January 25, 1996; and May 20, 1996, is

referenced as part of the authorized

hazardous waste management program

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

6921.

(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 adding in alphabetical order,

‘‘Florida’’ and its listing to read as

follows:

Appendix A to Part 272—State

Requirements

* * * * *

Florida

The statutory provisions include:

Florida Statutes, 1991, Chapter 1: 1.01

(1) and (2).

Florida Statutes, 1993, Chapter 403:

403.031 introductory paragraph;

403.031 (2)–(7); 403.087(1) first

sentence, and (6); 403.201(4) (except the

phrase ‘‘may require by rule a

processing fee for and’’); 403.703

introductory paragraph; 403.703 (2)–(6),

(8)–(28), (30)–(34), (36), and (40), (42)–

(44); 403.7045(1) introductory

paragraph, (1) (a), (b) and (d);

403.7045(2) introductory paragraph;

403.7045(2) (a)–(c); 403.7045(3)

introductory paragraph; 403.7045(3) (a)–

(c); 403.72(2); 403.721(1); 403.722 (1)–

(6); 403.7221; 403.724(1) (except the

phrase ‘‘or corrective action’’);

403.724(2); 403.728; 403.74 (1), (3)–(5);

403.751(1) (except (d) & (e); and (2).

Florida Statutes, 1994 Supplement to

1993, Chapter 403: 403.031(1);

403.703(1); 403.7222 (1) and (2);

403.74(2).

Florida Statutes, 1993, Chapter 404:

404.031(13).

Copies of the Florida Statutes that are

incorporated by reference are available

from the Florida Department of State,

Division of Elections, Bureau of

Administrative Code, Weekly and Laws,

The Elliot Building, 401 South Monroe

Street, Tallahassee, Florida 32399–0250.

The regulatory provisions include:

The Florida Administrative Code,

Chapter 62–4, effective July 4, 1995: 62–

4.070(2); 62–4.080; and 62–4.100.

The Florida Administrative Code,

Chapter 62–730, effective September 7,

1995: 62–730.001; 62–730.020 (1), (3),

and (4); 62–730.021; 62–730.030; 62–

730.140; 62–730.150; 62–730.160; 62–

730.161; 62–730.170(1); 62–730.171;
2900 Federal Register / Vol. 63, No. 12 / Tuesday, January 20, 1998 / Rules and Regulations

62–730.180 (1)–(5), (7), and (8); 62–

730.181; 62–730.183; 62–730.185; 62–

730.200 (except (3)); 62–730.210; 62–

730.220 (1), (2), (3), (5)–(8), (10), and

(11); 62–730.231 (except (10)); 62–

730.240 (1) and (2); 62–730.250; 62–

730.260; 62–730.270(1) (except (1)(b)(4)

and (1)(c)(3)), (2), and (3); 62–730.280;

62–730.290 (except the phrase ‘‘and

submittal of the appropriate permit

modification fee’’ at subparagraph (3));

62–730.300; 62–730.320; 62–730.330;

and 62–730.900.

Copies of the Florida Administrative

Code are available from the Florida

Department of State, Division of

Elections, Bureau of Administrative

Code, Weekly and Laws, The Elliot

Building, 401 South Monroe Street,

Tallahassee, Florida 32399–0250.

* * * * *

[FR Doc. 98–1250 Filed 1–16–98; 8:45 am]

BILLING CODE 6560–50–P