Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 / Proposed Rules 32783

Intracoastal Waterway (AICW) and

connecting waters, from Bogue Sound—

New River Light 58 (LLNR 39210) at

approximate position 34°37′57′′ North,

077°12′18′′ West, and continuing in the

AICW southwest to Bogue Sound—New

River Daybeacon 70 (LLNR 39290) at

approximate position 34°33′07′′ North,

077°20′30′′ West. All coordinates

reference Datum: NAD 1983.

(b) Notwithstanding the provisions of

33 CFR 334.440(e)(2)(i), no vessel may

enter the safety zone described in

paragraph (a) of this section while

weapons firing exercises are in progress,

except as provided in paragraph (c) of

this section or unless permitted by the

Captain of the Port (COTP) Wilmington.

(1) Red warning flags or red warning

lights will be displayed on towers

located at both ends of the safety zone

(Bear Creek and Cedar Point) while

firing exercises are in progress. The flags

or lights will be displayed by 8 a.m. on

days where firing exercises are

scheduled, and will be removed at the

end of the firing exercise.

(2) A Coast Guard of U.S. Navy vessel

will patrol each end of the safety zone

to ensure the public is aware that firing

exercises are in progress and that the

firing area is clear of vessel traffic before

weapons are fired.

(c)(1) The COTP Wilmington will

announce the specific times and

locations of firing exercises by

Broadcast Notice to Mariners and Local

Notice to Mariners. Normally, weapons

firing for each firing exercise is limited

to a two nautical mile portion of the

safety zone. The COTP may issue

general permission to transit all or

specified parts of the safety zone outside

of the actual firing area or if firing is

temporarily stopped. This general

permission will be announced in a

Local Notice to Mariners and Broadcast

Notice to Mariners.

(2) Weapons firing will be suspended

and vessels permitted to transit the

specified two nautical mile firing area

for a one-hour period beginning at the

start of each odd-numbered hour local

time (e.g., 9 a.m.; 1 p.m.). A vessel may

not enter the specified firing area unless

it will be able to complete its transit of

the firing area before firing exercises are

scheduled to re-start at the beginning of

the next even-numbered hour.

(d) U.S. Navy safety vessels may be

contacted on VHF marine band radio

channels 13 (156.65 Mhz) and 16 (156.8

Mhz). The Captain of the Port may be

contacted at the Marine Safety Office,

Wilmington, NC by telephone at 1–(800)

325–4956 or (910) 815–4895.

Dated: June 1, 1998.

Roger T. Rufe, Jr.,

Vice Admiral, U.S. Coast Guard, Commander,

Fifth Coast Guard District.

[FR Doc. 98–15896 Filed 6–15–98; 8:45 am]

BILLING CODE 4910–15–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[AD–FRL–6106–7]

Standards of Performance for New

Stationary Sources and Guidelines for

Control of Existing Sources: Municipal

Solid Waste Landfills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: This action proposes to

amend, correct, and clarify regulatory

text of the ‘‘Standards of Performance

for New Stationary Sources and

Guidelines for Control of Existing

Sources: Municipal Solid Waste

Landfills,’’ which was issued as a final

rule on March 12, 1996. These revisions

add definitions, clarify regulatory text,

and correct typographical and cross

referencing errors and inconsistencies.

Because these revisions do not change

the intent of the NSPS and emission

guidelines, the Agency does not

anticipate receiving adverse comments.

Consequently the revisions are also

being issued as a direct final rule in the

final rules section of this Federal

Register. If no relevant adverse

comments are timely received, no

further action will be taken with respect

to this proposal and the direct final rule

will become final on the date provided

in that action.

DATES: Comments. Comments must be

received on or before July 16, 1998,

unless a hearing is requested by June 26,

1998. If a hearing is requested, written

comments must be received by July 31,

1998.

Public Hearing. Anyone requesting a

public hearing must contact the EPA no

later than June 26, 1998. If a public

hearing is held, it will take place on July

1, 1998, beginning at 10:00 a.m. at the

address below.

ADDRESSES: Comments. Comments

should be submitted (in duplicate, if

possible) to: Air and Radiation Docket

and Information Center (MC–6102),

Attention Docket Number A–88–09/

Category V–D, U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460. The EPA

requests that a separate copy also be

sent to the contact person listed below.

Refer to SUPPLEMENTARY INFORMATION for

information regarding electronic

submittal of comments.

Public Hearing. If a public hearing is

held, it will be held at the EPA’s Office

of Administration Auditorium, Research

Triangle Park, North Carolina or at an

alternate site nearby. Persons interested

in attending the hearing or wishing to

present oral testimony should notify Ms.

JoLynn Collins, U.S. Environmental

Protection Agency, Research Triangle

Park, NC 27711, telephone (919) 541–

5671.

Docket. Docket No. A–88–09,

containing the supporting information

for the original new source performance

standards (NSPS) and this action, is

available for public inspection and

copying between 8:00 a.m. and 5:30

p.m., Monday through Friday, at the

EPA’s Air and Radiation Docket and

Information Center (Mail Code-6102),

401 M Street SW, Washington DC

20460, or by calling (202) 260–7548.

The docket is located at the above

address in Room M–1500, Waterside

Mall (ground floor, central mall). A

reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT: For

information concerning this notice and

analyses performed on developing this

rule, contact Ms. Michele Laur, Waste

and Chemical Processes Group,

Emission Standards Division (MD–13),

U.S. Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, telephone number (919) 541–

5256. For implementation issues,

contact Mary Ann Warner, Program

Review Group, Information Transfer and

Program Integration Division (MD–12),

U.S. Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, telephone number (919) 541–

1192. For information on the landfill

model, contact Susan Thorneloe

through the internet at:

thorneloe.susan@epamail.epa.gov. For

information concerning applicability

and rule determinations, contact the

appropriate regional representative:

Region I: Greg Roscoe, Air Programs

Compliance Branch Chief, U.S. EPA/

ASO, Region I, JFK Federal Building,

Boston, MA 02203, (617) 565–3221

Region II: Christine DeRosa, U.S. EPA

Region II, 290 Broadway, 25th Floor,

New York, NY 10007–1866, (212)

637–4022

Region III: James Topsale, U.S. EPA/

3AP22 Region III, 841 Chestnut

Building, Philadelphia, PA 10107,

(215) 566–2190

Region IV: R. Douglas Neeley, Chief, Air

and Radiation, Technology Branch,

U.S. EPA Region IV, 61 Forsyth St.,
32784 Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 / Proposed Rules

SW, Atlanta, GA 30303, (404) 562–

9105

Region V: George T. Czerniak, Jr., Air

Enforcement Branch Chief, U.S. EPA/

5AE–26 Region V, 77 West Jackson

Street, Chicago, IL 60604, (312) 353–

2088

Region VI: John R. Hepola, Air

Enforcement Branch Chief, U.S. EPA

Region VI, 1445 Ross Avenue, Suite

1200, Dallas, TX 75202–2733, (214)

655–7220

Region VII: Ward Burns, U.S. EPA/RME,

Region VII, 726 Minnesota Avenue/

ARTDAPCO, Kansas City, KS 66101–

2728, (913) 551–7960

Region VIII: Vicki Stamper, U.S. EPA,

Region VIII, 999 18th Street, Suite

500, Denver, CO 80202–2466, (303)

312–6445

Region IX: Patricia Bowlin, U.S. EPA/

RM HAN/17211, Region IX, 75

Hawthorne Street/AIR–4, San

Francisco, CA, (415) 744–1188

Region X: Catherine Woo, U.S. EPA,

Region X, Office of Air Quality

Planning and Standards-107, 1200

Sixth Avenue, Seattle, WA 98101,

(206) 553–1814.

SUPPLEMENTARY INFORMATION: If no

relevant adverse comments are timely

received on these proposed

amendments, no further activity is

contemplated in relation to this

proposed rule, and the companion

direct final rule in the final rules section

of this Federal Register will

automatically become effective on the

date specified in that final rule. If

relevant adverse comments are received

on this proposal, a timely document

informing the public that the direct final

rule is withdrawn will be published,

and all public comments received will

be addressed in a subsequent final rule

based on this proposed rule. Because

the Agency will not institute a second

comment period on this proposed rule,

any parties interested in commenting

should do so during this comment

period.

For further supplemental information,

the detailed rationale, and the specific

amendments being proposed, see the

information provided in the direct final

rule in the final rules section of this

Federal Register.

Electronic Submittal of Comments

Comments and data may also be

submitted electronically to A-and-RDocket@epamail.epa.gov. No

Confidential Business Information (CBI)

should be submitted through e-mail.

Electronic comments must be submitted

as an ASCII file avoiding the use of

special characters and any form of

encryption. Electronic comments on this

proposed rule may be filed online at

many Federal Depository Libraries.

Comments and data will also be

accepted on disks in WordPerfect 5.1

or 6.1 file format or ASCII file format.

All comments and data for this

proposal, whether in paper form or in

electronic forms such as through e-mail

or on disk, must be identified by the

docket number A–88–09 Category V–d.

Administrative

A. Executive Order 12866 Review

Under Executive Order 12866 Order

12866 (58 FR 51735, October 4, 1993),

EPA must determine whether the

regulatory action is ‘‘significant’’ and,

therefore, subject to OMB review and

the requirements of the Executive Order.

The EPA considered the 1996

promulgated standards to be significant

and the rules were reviewed by OMB

(see 61 FR 9913). The amendments

proposed today do not result in any

additional control requirements.

Therefore, this regulatory action is

considered ‘‘not significant’’ under

Executive Order 12866.

B. Small Business Regulatory Flexibility

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant impact on a

substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions.

During the 1996 rulemaking, EPA

estimated that no small entities would

be affected by the promulgated

standards and guidelines and, therefore,

a regulatory flexibility analysis was not

required (see 61 FR 9918). The proposed

rule amendments do not establish any

new requirements or create additional

burden for any regulated entities. The

changes in today’s action do not

increase the stringency of the rule or

add additional control requirements.

Nor is the scope of the rule changed so

as to bring any entities not previously

subject to the rule within its scope or

coverage. Today’s action does not alter

control, monitoring, recordkeeping, or

reporting requirements of the

promulgated rule. Therefore, pursuant

to the provisions of 5 U.S.C. 605(b), I

hereby certify that the amendments to

the guidelines and standards will not

have a significant impact on a

substantial number of small entities,

and a regulatory flexibility analysis is

not required.

C. Executive Order 12875 and Unfunded

Mandates Act

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a statement to accompany any

rule where the estimated costs to State,

local, or tribal governments, or to the

private sector will be $100 million or

more in any one year. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

impacted by the rule.

An unfunded mandates statement was

prepared and published in the 1996

promulgation notice (see 61 FR 9913–

9918).

The EPA has determined that these

amendments do not include any new

Federal mandate. Therefore, the

requirements of the Unfunded Mandates

Act do not apply to this proposed rule.

D. Children’s Health Protection

This proposed rule is not subject to

E.O. 13045, entitled, ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks’’ (62 FR 19885,

April 23, 1997), because it does not

involve decisions on environmental

health risks or safety risks that may

disproportionately affect children.

List of Subjects in 40 CFR Part 60

Environmental protection, Air

pollution control, Municipal solid waste

landfills.

Dated: May 28, 1998.

Carol M. Browner,

Administrator.

[FR Doc. 98–15008 Filed 6–15–98; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Office of the Secretary

45 CFR Part 142

[HCFA–0047–P]

RIN 0938–AI59

Health Insurance Reform: National

Standard Employer Identifier

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Proposed rule.

SUMMARY: This rule proposes a standard

for a national employer identifier and

requirements concerning its use by

health plans, health care clearinghouses,

and health care providers. The health

plans, health care clearinghouses, and