Federal Register / Vol. 57, No. 66 / Monday, April 6, 1992 / Rules and Regulations

regulations for a swing bridge that no

longer exists.

Regulatory Evaluation

This action is considered to be nonmajor under Executive Order 12291 on

Federal Regulation, and nonsignificant

under the Department of Transportation

regulatory policies and procedures (44

FR 11034; February 26, 1979). Since there

is no economic impact, a full regulatory

evaluation is unnecessary.

Small Entities

Since there will be no impact of these

regulations, the Coast Guard certifies

under 5 U.S.C. 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

this final rule will have no economic

impact on a substantial number of small

entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

This action has been analyzed under

the principles and criteria contained in

Executive Order 12612, and it has been

determined that this rule does not have

sufficient federalism implications to

warrant preparation of a federalism

assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under section 2.B.2.g.(5)

of Commandant Instruction M16475.1B,

this final rule is categorically excluded'

from further environmental

documentation. A Categorical Exclusion

Determination is available in the docket

for inspection or copying at Commander

fob), Fifth Coast Guard District, 431

Crawford Street, Portsmouth, Virginia

23704-5004.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

In consideration of the foregoing, part

117 of title 33, Code of Federal

Regulations, is amended as follows:

PART 117-DRAWBRIDGE

OPERATION REGULATIONS

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).

2. Section 117.837 is revised to read as

follows:

§ 117.837 Roanoke River.

The draw of the Seaboard System

Railroad bridge, mile 94.0 at Palmyra,

need not be opened for the passage of

vessels.

Dated: March 19. 1992.

W.T. Leland.

RearAdmiral, U.S. Coast Guard, Commander,

Fifth Coast Guard District.

[FR Doc. 92-7754 Filed 4-3-92; 8:45 am]

BILLING CODE 491b-14-M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 272

Idaho; Final Authorization of the State

Hazardous Waste Program Revision

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: The State of Idaho has

applied for final authorization for its

corrective action component of its

hazardous waste program pursuant to

section 3006(b) of the Resource

Conservation and Recovery Act

(RCRA), 42 U.S.C. 6926(b). Previously,

EPA granted interim authorization

effective April 9, 1990, (see 55 FR 11015

dated March 26, 1990), for the federal

corrective action provisions

promulgated as of July 1, 1987 pursuant

to section 3004(u) of the Hazardous and

Solid Waste Amendments of 1984

(HSWA). The Environmental Protection

Agency (EPA) has reviewed Idaho's

request for final authorization of the

corrective action component

(subsequently referred to as "program

revision") of the State's hazardous

waste program. EPA has made a

decision, subject to public review and

comment, that the program revision

satisfies all of the requirements

necessary to qualify for final

authorization. Thus, EPA intends to

approve and grant final authorization

for the same corrective action provisions

that were previously granted interim

authorization. Idaho's application for

this program revision is available for

public review and comment.

DATES: Final authorization and

termination of interim authorization for

Idaho shall be effective June 5, 1992

unless EPA publishes a prior Federal

Register action withdrawing this

immediate final rule. The incorporation

by reference of certain publications

listed in the regulations are approved by

the Director of the Federal Register as of

June 5, 1992. All comments on Idaho's

program revision application must be

received by the close of business May 6,

1992.

ADDRESSES: Copies of Idaho's program

revision application are available

Monday through Friday, 8 a.m. to 5 p.m.,

at the following locations for inspection

and copying: Idaho Department of

Health and Welfare, Division of

Environmental Quality, Planning and

Evaluation Division, 1410 N. Hilton,

Boise, Idaho 83706, phone, (208) 334-

5879 and the U.S. EPA, Region 10,

Library, 1200 6th Avenue, Seattle, WA,

98101, Phone, (206) 553-1289. Written

comments should be sent to Nina

Kocourek. U.S. EPA, Region 10, 1200 6th

Avenue, Mail Stop HW-107, Seattle,

WA.. 98101.

FOR FURTHER INFORMATION CONTACT:

Nina Kocourek, U.S. EPA, Region 10,

1200 6th Avenue, Mail Stop HW-107,

Seattle, WA., 98101, Phone, (206) 553-

6502.

SUPPLEMENTARY INFORMATION:.

A. Background

States with final authorization under

section 3006(b) of the Resource

Conservation and Recovery Act

("RCRA" or "the Act"), 42 U.S.C.

6929(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 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 the 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 260-266, 268, 124 and 270.

B. Idaho

Idaho initially received final

authorization on March 26, 1990,

effective April 9, 1990, for those nonHSWA and HSWA requirements

promulgated as of July 1, 1987, as well as

received interim authorization on March

26, 1990, effective April 9, 1990, for the

HSWA corrective action provisions of

Section 3004(u), promulgated as of July

1, 1987. On February 7, 1992, the State of

Idaho submitted a written request

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Federal Register / Vol. 57, No. 66 / Monday, April 6, 1992 / Rules and Regulations

seeking approval of its program revision

in accordance with 40 CFR 271.21(b)(3).

EPA has reviewed Idaho's application,

and has made an immediate final

decision that Idaho's hazardous waste

program revision satisfies all of the

requirements necessary to qualify for

final authorization. Consequently, EPA

intends to grant final authorization for

the corrective action components of the

State's hazardous waste program. The

public may submit written comments on

EPA's immediate final decision up until

May 6, 1992. Copies of Idaho's

application for this program revision are

available for inspection and copying at

the locations indicated in the

"Addresses" section of this notice.

Approval of Idaho's program revision

shall become effective in 60 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 a relevant 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.

In summary, the State's request for

EPA to proceed with final authorization

resulted from a series of events which

have occurred since the State received

interim authorization for the State's

hazardous waste program corrective

action components. The State's initial

application for final authorization, dated

July 7, 1988, included the corrective

action components. However, EPA was

concerned about Idaho's capability to

implement a comprehensive corrective

action program as at that time, Idaho

had very little experience in corrective

action. EPA's concern resulted in Idaho

agreeing to request interim authorization

for the corrective action portion of the

program. On April 9, 1990 the State was

granted interim authorization for its

corrective action component. As a part

of interim authorization, the State and

EPA jointly developed capability

milestones which defined specific tasks

and outputs which needed to be

successfully completed to demonstrate

that the State's capability existed to

receive final authorization for the

corrective action program. At this time,

EPA has determined that the State has

sufficiently demonstrated program

capability through satisfactorily

completing the agreed to milestones.

More specifically, the State has

continued to do thorough quality

compliance inspections, met its

inspection commitments, continued to

issue both timely and appropriate

enforcement actions, and satisfactorily

completed the RCRA facility permitting

and corrective action milestones. EPA

has summarized the State's progress in a

series of capability status reports

summarizing the State's demonstration

period which are available upon

request.

This program revision will not

authorize the State to operate the RCRA

program over any Indian lands; this

authority remains with EPA.

C. Decision

I conclude that Idaho's RCRA

corrective action program revision

meets all of the statutory and regulatory

requirements established by RCRA.

Accordingly, Idaho is granted final

authorization to operate its hazardous

waste program as revised. Upon the

effective date of this program revision

the State's interim authorization granted

on March 26, 1990, effective April 9,

1990, will be terminated.

Idaho 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. Idaho also has primary

enforcement responsibilities, although

EPA retains the right to conduct

inspections under Section 3007 of RCRA

and to take enforcement actions under

section 3008, 3013 and 7003 of RCRA.

D. Codification in Part 272

EPA uses part 272 for codification of

the decision to authorize Idaho's

program and for incorporation by

reference of those provisions of Idaho's

statutes and regulations that EPA will

enforce under section 3008 of RCRA.

Therefore, EPA is amending § § 272.651

and 272.652.

Compliance With Executive Order 12291

The Office of Management and Budget

has exempted this rule from the

requirements of Section 3 of Executive

Order 12291.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 4 U.S.C.

605(b), I hereby certify that this

authorization will not have a significant

economic impact on a substantial

number of small entities. This

authorization effectively suspends the

applicability of certain Federal

regulations in favor of Idaho's program,

thereby eliminating duplicative

requirements for handlers of hazardous

waste in the State. It does not impose

any new burdens on small entities. This

rule, therefore, does not require a

regulatory flexibility analysis.

List of Subjects in 40 CFR Part 272

Administrative practice and

procedure, Confidential business

information, Hazardous materials

transportation, Hazardous waste,

Incorporation by reference, Indian

lands, Intergovernmental relations,

Penalties, Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

Dated: March 25, 1992.

Dan& Rasmussen,

Regional Administrator.

For 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: Sections 2002(a), 3006, and

7004(b) of the Solid Waste Disposal Act, as amended by the Resource Conservation and

Recovery Act, as amended. 42 U.S.C. 6912(a),

6926, and 6974(b).

2. Section 272.651 is amended by

revising introductory text; and by

revising paragraphs (a) (1) and (b) to

read as follows:

§ 272.651 State-administered program:

Final authorization.

Pursuant to section 3006(b) of RCRA,

42 U.S.C. 6926(b): Idaho has final

authorization for the following elements

submitted to EPA in Idaho's program

application for final authorization and

approved by EPA effective on April 9,

1990, (see 55 FR 11015, dated March 26,

1990); and revision application for final

authorization and approved by EPA

effective on June 5, 1992.

(a) State Statutes and Regulations. (1)

The requirements in the Idaho 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. This incorporation by

reference was approved by the Director

of the Federal Register in accordance

with 5 U.S.C. 552(a) and 1 CFR part 51.

Copies may be obtained from the Michie

Company, Law Publishers, 1 Town Hall

Square, Charlottesville, Virginia, 22906-

7587. Copies may be inspected at the

Office of Federal Register, 1100 "L"

Street NW., room 8401, Washington, DC;

U.S. EPA Region 10, 1200 Sixth Avenue,

Seattle, WA 98101; and at the Idaho

Department of Health and Welfare,

Administrative Procedures Section, 1410

N Hilton, Boise, Idaho 83720.

(i) Statutory authority is vested in the

State of Idaho, Board of Health and

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Federal Register / Vol. 57, No. 66 / Monday, April 6, 1992 / Rules and Regulations

Welfare, by the Hazardous Waste

Management Act of 1983 (HWMA). This

includes the following statutes as

contained in chapter 44 "Hazardous

Waste Management", section 39 of the

Idaho Code (I.C.), General Laws of

Idaho Annotated, Volume 7A, published

in 1985 by the Michie Company, Law

Publishers, Charlottesville, Virginia: I.C.

39-4401; 39-4402; 39-4406; 39-4407; 39-

4412; 39-4416; 39-4417; 39-4418; 39-4419;

39-4420; 39-4421; 39-4422; 39-4427; 39-

4428; 39-4429; 39-4430; 39-4431; 39-4432;

and as contained in the 1988 Cumulative

Pocket Supplement, Idaho Code, Volume

7A published in June 1988; by the Michie

Company, Law Publishers,

Charlottesville, Virginia: I.C. 39-4403;

39-4404; 39-4405; 39-4408; 39-4409; 39-

4410(3); 39-4411; 39-4417B; 39-4423; and

39-4426.

(ii) The following are the Idaho

Department of Health and Welfare

Rules and Regulations, as contained in

Title 1, chapter 5, "Rules, Regulations

and Standards for Hazardous Waste"

(hereinafter referred to as the "IDHW

Regulations"), in effect as of June 10,

1988, are part of the approved program

under RCRA: IDHW Regulations,

sections: 16.01.5000; 16.01.5001;

16.01.5002, 01, 02; 16.01.5003; 16.01.5004;

16.01.5005; 16.01.5006, 01, 02; 16.01.5007;

16.01.5008; 16.01.5009; 16.01.5010, 01, 02;

16.01.5011; 16.01.5012; 16.01.5013;

16.01.5356, 01, 02, 03, 04, 05; and

Appendix A.

(b) Memorandum of Agreement. The

Memorandum of Agreement between

EPA Region 10 and Idaho Department of

Health and Welfare signed by the EPA

Regional Administrator on (insert

appropriate date), is a part of the

authorized hazardous waste

management program under subtitle C

of RCRA 42 U.S.C. 6921 et seq.

§ 272.652 [Removed]

3. Section 272.652 is removed.

[FR Doc. 92-7741 Filed 4-3-92; 8:45 am]

BILLING CODE 6560-50-M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Adininistratlon

50 C R Part 642

[Docket No. 920128-20281

Coastal Migratory Pelagic Resources

of the Gulf of Mexico and South

Atlantic

AGENCY: National Marine Fisheries

Service (NMFS), NOAA, Commerce.

ACTION: Interim final rule and request

for comments.

SUMMARY: NMFS issues this interim

final rule to revise the permitting

requirements applicable to vessels in the

fishery for coastal migratory pelagic

fish. Specifically, this interim final rule

(1) removes from the regulations the

specification of an April-through-March

permit year; (2) conditions the

reissuance of a permit on the receipt of

all required reports for the vessel; (3)

removes from the regulations the

specification of the permit fee; and (4)

otherwise clarifies existing policies and

procedures for issuing vessel permits.

The intended effects of this interim final

rule are to standardize and simplify, to

the extent possible, the permitting

requirements applicable to participants

in the federally managed fisheries off

the South Atlantic and Gulf of Mexico

states.

EFFECTIVE DATE: April 1, 1992. Written

comments must be received on or before

May 1, 1992.

ADDRESSES: Comments may be sent to

W. Perry Allen, Southeast Regional

Office, NMFS, 9450 Koger Boulevard, St.

Petersburg, FL 33702.

FOR FURTHER INFORMATION CONTACT.

W. Perry Allen, 813-893-3722.

SUPPLEMENTARY INFORMATION: The

fishery for coastal migratory pelagic fish

is managed under the Fishery

Management Plan for Coastal Migratory

Pelagic Resources of the Gulf of Mexico

and South Atlantic (FMP) and its

implementing regulations at 50 CFR part

642 under the authority of the Magnuson

Fishery Conservation and Management

Act (Magnuson Act).

The regulations at 50 CFR 642.4

require (1) an owner or operator of a

fishing vessel to obtain a vessel permit

in order for persons aboard that vessel

to fish for king or Spanish mackerel in

the exclusive economic zone (EEZ)

under the commercial allocations; and

(2) an owner or operator of a charter

vessel to obtain charter vessel permit in

order for persons aboard that vessel to

fish for coastal migratory pelagic fish in

the EEZ. This interim final rule revises

the permitting requirements to

standardize them, to the extent possible,

with the current permitting requirements

in other fisheries, including the reef fish

fishery of the Gulf of Mexico and the

snapper-grouper fishery off the South

Atlantic states, and with the proposed

permitting requirements for the Atlantic

shark fishery. The goal of this

standardization is to reduce the

occasions when an applicant is required

to apply for a Federal fisheries permit.

In lieu of an application for a permit for

each fishery submitted at different times

during a year, an applicant would apply

once each year for all fisheries in which

he desires a permit. The total permit

fees paid by an applicant would be

reduced accordingly.

This revision of the permitting

requirements (1) emphasizes that

permits are issued to vessels rather than

to owners/operators; (2) differentiates

clearly between the commercial vessel

permit for king and Spanish mackerel

and the charter vessel permit for coastal

migratory pelagic fish; (3) clarifies that,

for the documentation of earned income

to meet the criterion for a commercial

vessel permit, NMFS may require the

submission of copies of appropriate

forms and schedules of the applicant's

income tax return, and clearly states

that such forms and schedules are

treated as confidential but may be

released to and verified by the Internal

Revenue Service; (4) clarifies who must

provide the documentation of earned

income when applying for a permit for a

partnership-owned commercial fishing

vessel, namely, a general partner of the

partnership or the vessel operator; (5)

removes the specification of a fixed

permit year, currently April through

March, thus allowing consolidation of

an owner/operator's applications for

permits; (6) conditions the reissuance of

a permit on the receipt prior to the

renewal application of all reports

required of the applicant under the

regulations for the coastal migratory

pelagic fishery; and (7) removes from the

regulations the specification of the

permit fee, currently $23.

Items (1) through (4), above, are

clarifications of existing procedures and,

thus, do not change the current

processing of applications or issuance of

permits.

Removing the fixed permit year is

necessary to enable NMFS to

consolidate applications for vessel

permits issued by its Southeast Region.

Currently, Federal vessel permits in the

reef fish fishery in the Gulf of Mexico

and in the snapper-grouper fishery off

the South Atlantic states are issued on

an annual basis to expire at the end of

the month of birth of the vessel owner.

A similar procedure is expected to be

implemented in the Atlantic shark

fishery. Removal of the fixed permit

year in the coastal migratory pelagic

fishery would standardize the expiration

of permits in these fisheries.

The regulations at 50 CFR 642.5 (a)

and (b) require that, if selected by the

Science and Research Director,

Southeast Fisheries Center, NMFS, the

owner or operator of a permitted

commercial or charter vessel must

11582

HeinOnline -- 57 Fed. Reg. 11582 1992
.

• MAR 17 1992

•

Washington, DC20408

March 11, 1992 WASTE MANAGEMENT BRANCH

•

•

Michael Bussell, Chief

Solid Waste and State Programs Branch

U.S. Environmental Protection Agency

Region 10

1200 sixth Avenue

Seattle, WA 98101

Dear Mr. Bussell :

I acknowledge receipt of revised materials for the Hazardous

Waste Management Program for the State of Idaho. Submission

of the following Idaho statutes and regulations incorporated

by reference in EPA's draft Federal Register rule updates the

previously approved incorporation by reference in 40 CFR

272.651 in accordance with the requirements of 1 CFR 51.11:

General Laws of Idaho Annotated, 1985, Volume 7A,

Chapter 44, section 39 of the Idaho Code (I.C.),

"Hazardous Waste Management," pUblished by the Michie

Company, Charlottesville, VA:

I.C. 39-4401; 39-4402; 39-4406; 39-4407; 39-4412;

39-4416; 39-4417; 39-4418; 39-4419; 39-4420; 39-

4421; 39-4422; 39-4427; 39-4428; 39-4429; 39-4430;

39-4431; 39-4432;

and as contained in the 1988 Cumulative Pocket

Supplement, Idaho Code, Volume 7A, published by the

Michie Company:

I.C. 39-440J; 39-4404: 3Q-4405: 39-4408; 39-4409:

39-4410(3); 39-4411; 39-4417B; 39-4423; 39-4426.

Idaho Department of Health and Welfare Rules and

Regulations, as contained in Title 1, Chapter 5, "Rules

and Regulations," in effect as of June 10, 1988,

sections:

16.01.5000; 16.01.5001; 16.01.5002, 01, 02;

16.01.5003; 16.01.5004; 16.01.5005; 16.01~S006,

01, 02; 16.01.5007; 16.01.5008; 16.01.5009;

16~01.5010, 01, 02; 16.01.5011; 16.01.5012;

16.01.5013; 16.01.5356, 01, 02, 03, 04, 05; and

Appendix A.

National ArchivesandRecordsAdministration
c

C~
•

•

•

•

•

In addition, I note that section 272.652 is removed,

including the approved incorporation by reference in that

section.

Final approval for this revised incorporation by reference

is contingent upon the final rule containing the language

changes which were agreed upon by our staffs.

If you wish to enforce some other edition of the pUblications

approved, you must:

1. Publish notice of the change in the Federal Register, and

amend the Code of Federal Regulations; and

2. Ensure that a copy of that edition is on file at the

Office of the Federal Register; and

3. Notify the Director of the Federal Register in writing of

the change.

If you have any questions concerning incorporation by

reference, please call the Legal Staff on 523-4534.

Sincerely,

.Ia~~~ MICHAEL L. WHITE

Attorney

Office of the Federal Register