Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 / Notices 33665

development projects and municipal separate storm

sewer systems not currently regulated by the

TNRCC will become subject to the TPDES fee

system as storm water permitting authority transfers

from EPA to the TNRCC.

current levels of available Federal grant

funds decline, TNRCC would need to

further increase fee revenue or seek

additional funds from the Texas

Legislature to fund the TPDES program.

Environmental Justice

EPA encourages States to include

environmental justice provisions in

their environmental programs in

furtherance of environmental justice

policies, and to help ensure compliance

with non-discrimination provisions of

Title 6 of the Civil Rights Act. EPA

wrote to TNRCC in December of 1997,

recommending that the State include an

environmental justice program as part of

its proposed TPDES program. Under the

current regulations for State program

approval, Texas is not required to

submit a description of program

procedures to ensure environmental

justice issues are taken into

consideration in TNRCC’s permitting

and enforcement decisions. In a letter

dated February 6, 1998, TNRCC

indicated it does have an environmental

justice program. However, the State did

not make that program a part of the

TPDES application.

Other Federal Statutes

A. National Historic Preservation Act

Section 106 of the National Historic

Preservation Act requires that all federal

agencies must consult with the State

Historic Preservation Officer and the

Advisory Council on Historic

Preservation on all federal undertakings

which may affect historic properties or

sites listed or eligible for listing in the

National Register of Historic Places.

Regulations outlining the requirements

of a section 106 consultation on a

federal undertaking are found at 36 CFR

part 800. EPA has initiated section 106

consultation on the State’s request for

approval of the TPDES program.

B. Endangered Species Act

Section 7 of the Endangered Species

Act (ESA) requires that all federal

agencies consult on federal actions

which may affect federally listed species

to insure they are unlikely to jeopardize

the continued existence of those species

or adversely modify their critical

habitat. Regulations controlling

consultation under ESA section 7 are

codified at 50 CFR part 402. The

approval of the State permitting

program under section 402 of the Clean

Water Act is a federal action subject to

this requirement, but the State’s

subsequent TPDES permit actions are

not. EPA Region 6 initiated formal

consultation with the U.S. Fish and

Wildlife Service on January 29, 1998.

C. Coastal Zone Management Act

Pursuant to section 307(c)(1)(C) of the

Coastal Zone Management Act, Federal

agencies carrying out an activity which

affects any land or water use or natural

resource within the Coastal Zone of a

state with an approved Coastal Zone

Management Plan must determine

whether that activity is, to the

maximum extent practicable, consistent

with the enforceable requirements of the

Plan and provide its determination to

the State agency responsible for

implementation of the Plan for review.

Texas’ approved Coastal Zone

Management Plan is administered by

the General Land Office and, more

particularly, by its Coastal Coordination

Council. TNRCC permit actions are

themselves subject to consistency

review under 31 TAC § 505(11)(a)(6);

thus approval of TNRCC’s TPDES

program would not affect Texas’ coastal

zone and would be consistent with the

enforceable requirements of Texas’

Coastal Zone Management Plan.

D. Regulatory Flexibility Act

Based on General Counsel Opinion

78–7 (April 18, 1978), EPA has long

considered a determination to approve

or deny a State NPDES program

submission to constitute an adjudication

because an ‘‘approval’’, within the

meaning of the APA, constitutes a

‘‘license,’’ which, in turn, is the product

of an ‘‘adjudication’’. For this reason,

the statutes and Executive Orders that

apply to rulemaking action are not

applicable here. Among these are

provisions of the Regulatory Flexibility

Act (RFA), 5 U.S.C. 601 et seq. Under

the RFA, whenever a Federal agency

proposes or promulgates a rule under

section 553 of the Administrative

Procedure Act (APA), after being

required by that section or any other law

to publish a general notice of proposed

rulemaking, the Agency must prepare a

regulatory flexibility analysis for the

rule, unless the Agency certifies that the

rule will not have a significant

economic impact on a substantial

number of small entities. If the Agency

does not certify the rule, the regulatory

flexibility analysis must describe and

assess the impact of a rule on small

entities affected by the rule.

Even if the NPDES program approval

were a rule subject to the RFA, the

Agency would certify that approval of

the State’s proposed TPDES program

would not have a significant economic

impact on a substantial number of small

entities. EPA’s action to approve an

NPDES program merely recognizes that

the necessary elements of an NPDES

program have already been enacted as a

matter of State law; it would, therefore,

impose no additional obligations upon

those subject to the State’s program.

Accordingly, the Regional

Administrator would certify that this

program, even if a rule, would not have

a significant economic impact on a

substantial number of small entities.

I hereby provide public notice of the

application by the State of Texas for

approval to administer, in accordance

with 40 CFR part 123, the TPDES

program.

Dated: June 11, 1998.

Gregg A. Cooke,

Regional Administrator.

[FR Doc. 98–16249 Filed 6–18–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

[FEMA–1218–DR]

South Dakota; Major Disaster and

Related Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Notice.

SUMMARY: This is a notice of the

Presidential declaration of a major

disaster for the State of South Dakota

(FEMA–1218–DR), dated June 1, 1998,

and related determinations.

EFFECTIVE DATE: June 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Madge Dale, Response and Recovery

Directorate, Federal Emergency

Management Agency, Washington, DC

20472, (202) 646–3260.

SUPPLEMENTARY INFORMATION: Notice is

hereby given that, in a letter dated June

1, 1998, the President declared a major

disaster under the authority of the

Robert T. Stafford Disaster Relief and

Emergency Assistance Act (42 U.S.C.

5121 et seq.), as follows:

I have determined that the damage in

certain areas of the State of South Dakota,

resulting from flooding, severe storms, and

tornadoes on April 25, 1998, and continuing,

is of sufficient severity and magnitude to

warrant a major disaster declaration under

the Robert T. Stafford Disaster Relief and

Emergency Assistance Act, Pub. L. 93–288, as

amended (‘‘the Stafford Act’’). I, therefore,

declare that such a major disaster exists in

the State of South Dakota.

In order to provide Federal assistance, you

are hereby authorized to allocate from funds

available for these purposes, such amounts as
33666 Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 / Notices

you find necessary for Federal disaster

assistance and administrative expenses.

You are authorized to provide Individual

Assistance, Public Assistance, and Hazard

Mitigation in the designated areas. Consistent

with the requirement that Federal assistance

be supplemental, any Federal funds provided

under the Stafford Act for Public Assistance

or Hazard Mitigation will be limited to 75

percent of the total eligible costs.

The time period prescribed for the

implementation of section 310(a),

Priority to Certain Applications for

Public Facility and Public Housing

Assistance, 42 U.S.C. 5153, shall be for

a period not to exceed six months after

the date of this declaration.

Notice is hereby given that pursuant

to the authority vested in the Director of

the Federal Emergency Management

Agency under Executive Order 12148, I

hereby appoint Peter Bakersky of the

Federal Emergency Management Agency

to act as the Federal Coordinating

Officer for this declared disaster.

I do hereby determine the following

areas of the State of South Dakota to

have been affected adversely by this

declared major disaster:

McCook County for Individual Assistance

and Categories A and B under the Public

Assistance program.

Day County for Public Assistance.

All counties within the State of South

Dakota are eligible to apply for

assistance under the Hazard Mitigation

Grant Program.

(The following Catalog of Federal Domestic

Assistance Numbers (CFDA) are to be used

for reporting and drawing funds: 83.537,

Community Disaster Loans; 83.538, Cora

Brown Fund Program; 83.539, Crisis

Counseling; 83.540, Disaster Legal Services

Program; 83.541, Disaster Unemployment

Assistance (DUA); 83.542, Fire Suppression

Assistance; 83.543, Individual and Family

Grant (IFG) Program; 83.544, Public

Assistance Grants; 83.545, Disaster Housing

Program; 83.548, Hazard Mitigation Grant

Program.)

James L. Witt,

Director.

[FR Doc. 98–16387 Filed 6–18–98; 8:45 am]

BILLING CODE 6718–02–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

[FEMA–1218–DR]

South Dakota; Amendment No. 2 to

Notice of a Major Disaster Declaration

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Notice.

SUMMARY: This notice amends the notice

of a major disaster for the State of South

Dakota (FEMA–1218–DR), dated June 1,

1998, and related determinations.

EFFECTIVE DATE: June 3, 1998.

FOR FURTHER INFORMATION CONTACT:

Madge Dale, Response and Recovery

Directorate, Federal Emergency

Management Agency, Washington, DC

20472, (202) 646–3260.

SUPPLEMENTARY INFORMATION: The notice

of a major disaster for the State of South

Dakota, is hereby amended to include

the following areas among those areas

determined to have been adversely

affected by the catastrophe declared a

major disaster by the President in his

declaration of June 1, 1998:

The counties of Hanson and McCook for

Categories C through G under the Public

Assistance program (already designated for

Individual Assistance and Categories A and

B under the Public Assistance program).

(The following Catalog of Federal Domestic

Assistance Numbers (CFDA) are to be used

for reporting and drawing funds: 83.537,

Community Disaster Loans; 83.538, Cora

Brown Fund Program; 83.539, Crisis

Counseling; 83.540, Disaster Legal Services

Program; 83.541, Disaster Unemployment

Assistance (DUA); 83.542, Fire Suppression

Assistance; 83.543, Individual and Family

Grant (IFG) Program; 83.544, Public

Assistance Grants; 83.545, Disaster Housing

Program; 83.548, Hazard Mitigation Grant

Program.)

Lacy E. Suiter,

Executive Associate Director, Response and

Recovery Directorate.

[FR Doc. 98–16388 Filed 6–18–98; 8:45 am]

BILLING CODE 6718–02–P

FEDERAL MARITIME COMMISSION

Notice of Agreement(s) Filed

The Commission hereby gives notice

of the filing of the following

agreement(s) under the Shipping Act of

1984. Interested parties can review or

obtain copies of agreements at the

Washington, DC offices of the

Commission, 800 North Capitol Street,

N.W., Room 962. Interested parties may

submit comments on an agreement to

the Secretary, Federal Maritime

Commission, Washington, DC 20573, by

June 29, 1998.

Agreement No.: 203–011321–006.

Title: Maersk/Sea-Land/U.S./Far East

& Middle East Agreement.

Parties:

A.P. Moller-Maersk Line

Sea-Land Service, Inc.

Synopsis: The proposed amendment

would permit the parties to increase the

maximum number of vessels authorized

under the Agreement to 65 vessels, each

with a maximum capacity of 7,000

TEUs.

Agreement No.: 203–011448–001.

Title: U.S./Latin America Agreement.

Parties:

A.P. Moller-Maersk Line

Sea-Land Service, Inc.

Synopsis: The proposed amendment

would permit the parties to increase the

maximum number of vessels authorized

under the Agreement to 50 vessels, each

with a maximum capacity of 4,100

TEUs. It would also modify the

Agreement’s geographic scope to delete

Jamaica and add the Bahamas.

Agreement No.: 203–011541–001.

Title: Maersk/Sea-Land Mediterranean

Agreement.

Parties:

A.P. Moller-Maersk Line

Sea-Land Service, Inc.

Synopsis: The proposed amendment

would permit the parties to increase the

maximum number of vessels authorized

under the Agreement to 30 vessels, each

with a maximum capacity of 7,000

TEUs.

By Order of the Federal Maritime

Commission.

Dated: June 16, 1998.

Joseph C. Polking,

Secretary.

[FR Doc. 98–16343 Filed 6–18–98; 8:45 am]

BILLING CODE 6730–01–M

FEDERAL RESERVE SYSTEM

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Board of

Governors of the Federal Reserve

System.

TIME AND DATE: 10:00 a.m., Wednesday,

June 24, 1998.

PLACE: Marriner S. Eccles Federal

Reserve Board Building, C Street

entrance between 20th and 21st Streets,

N.W., Washington, D.C. 20551.

STATUS: Open.

MATTERS TO BE CONSIDERED:

Discussion Agenda

1. Proposed 1999 Federal Reserve

Bank budget objectives.

2. Any items carried forward from a

previously announced meeting.

Note: This meeting will be recorded for the

benefit of those unable to attend. Cassettes

will be available for listening in the Board’s

Freedom of Information Office, and copies

may be ordered for $6 per cassette by calling

202–452–3684 or by writing to: Freedom of

Information Office, Board of Governors of the

Federal Reserve System, Washington, DC.

20551.

CONTACT PERSON FOR MORE INFORMATION:

Lynn S. Fox, Assistant to the Board;

202–452–3204.