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 ofTransportation 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 ofthese regulations, the Coast Guard certifies under 5 U.S.C. 605(b) ofthe Regulatory Flexibility Act (5U.S.C. 601 et seq.) that this final rule will have no economic impact on a substantial number ofsmall entities.

Collection ofInformation

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 ofa 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 orcopying at Commander fob), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004.
List of Subjects in 33 CFR Part117

Bridges. Regulations

In consideration ofthe foregoing, part 117 oftitle 33, Code ofFederal 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 notbe opened for the passage of vessels.

Dated: March 19. 1992. W.T. Leland. RearAdmiral,U.S.CoastGuard, Commander, FifthCoastGuard 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 ofthe 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 ofits hazardous waste program pursuant to section 3006(b) ofthe 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 ofJuly 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 ofthe 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 forfinal 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 byreference ofcertain publications listed in the regulations are approved by the Director ofthe Federal Register as of June 5, 1992. All comments on Idaho's program revision application mustbe received by the close ofbusiness May 6, 1992. ADDRESSES: Copies ofIdaho'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) ofthe Resource Conservation and Recovery Act ("RCRA"or "theAct"), 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 interimmeasure, the HSWA allow States to revise their programs to become substantially equivalent instead ofequivalent to RCRA requirements promulgated under HSWA authority. States exercising the latter option receive "interim authorization" for the HSWA requirements under section 3006(g) ofRCRA, 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 parts260-266, 268,124 and 270.

B. Idaho

Idaho initially received final authorization on March 26, 1990, effective April 9, 1990, for those nonHSWA andHSWA requirements promulgated as ofJuly 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 ofJuly 1, 1987. OnFebruary 7, 1992, the State of Idaho submitted a written request 11580

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seeking approval ofits program revision in accordance with40CFR 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 ofthe requirements necessary toqualify for final authorization. Consequently,EPA intends to grant final authorization for the corrective action components ofthe State's hazardous waste program. The public may submit written comments on EPA's immediate finaldecision up until May 6, 1992. Copies ofIdaho's application for this program revision are available for inspection and copying at the locations indicated inthe "Addresses" section of this notice.

Approval ofIdaho's program revision shall become effective in 60days unless

an adverse comment pertaining tothe State's revision discussed inthis notice is received by the end ofthe comment period. Ifa relevant adverse comment is received EPA will publish either (1) a withdrawal ofthe immediate final decision or (2) a notice containing a response tocomments which either affirms thatthe immediate final decision takes effect orreverses the decision.

Insummary, the State's request for EPA toproceed withfinal authorization resulted from a series ofevents which have occurred since the State received interim authorization forthe State's hazardous waste program corrective action components. The State's initial application forfinal authorization, dated July 7, 1988,included the corrective action components. However,EPA was concerned about Idaho's capability to implement a comprehensive corrective actionprogram as at that time, Idaho hadvery little experience in corrective action.EPA's concern resulted in Idaho agreeing to request interim authorization for the corrective actionportion ofthe program. On April 9, 1990 the State was granted interim authorization forits corrective action component. As a part ofinterim authorization, the State and EPAjointlydeveloped capability milestones which defined specific tasks and outputs which needed tobe successfully completed todemonstrate that the State's capability existed to receive final authorization for the corrective action program. At this time, EPA hasdetermined thatthe State has sufficiently demonstrated program capability through satisfactorily completing the agreed to milestones. More specifically, the State has continued to dothorough quality compliance inspections, metits inspection commitments, continued to issue both timely and appropriate enforcement actions, and satisfactorily completed the RCRA facilitypermitting and corrective action milestones.EPA has summarized the State's progress in a series ofcapability status reports summarizing the State's demonstration period which are available upon request.

This program revision willnot authorize theState to operate the RCRA program over any Indian lands; this authority remains withEPA.
C. Decision

Iconclude that Idaho's RCRA corrective action program revision meets all ofthe statutory andregulatory requirements established byRCRA. Accordingly, Idahois granted final authorization to operate itshazardous waste program as revised. Upon the effective date ofthis program revision the State's interim authorization granted

onMarch 26, 1990, effective April 9, 1990, will beterminated.

Idahohas responsibility for permitting treatment, storage, and disposal facilities within itsborders and carrying out the aspects ofthe RCRA program described in its revised program application, subjectto the limitations of the HSWA. Idaho also has primary enforcement responsibilities, although EPA retains the rightto conduct inspections under Section3007 ofRCRA and totake enforcement actionsunder section 3008,3013 and 7003 ofRCRA.
D. Codification in Part 272

EPA uses part 272for codification of thedecision to authorize Idaho's program andfor incorporation by reference ofthose provisions ofIdaho's statutes andregulations that EPAwill enforce under section 3008 ofRCRA. Therefore, EPA is amending §§272.651 and 272.652. Compliance WithExecutive Order 12291

The Office ofManagement andBudget has exempted this rule from the requirements ofSection 3ofExecutive Order 12291.
Certification Underthe Regulatory Flexibility Act

Pursuant to the provisions of4U.S.C. 605(b), Ihereby certify thatthis authorization willnot have a significant economic impact on a substantial number ofsmall entities.This authorization effectively suspends the applicability ofcertain Federal regulations in favor ofIdaho's program, thereby eliminating duplicative requirements for handlers ofhazardous waste inthe State. Itdoes not impose any newburdens on small entities. This rule, therefore, does notrequire 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 byreference, 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 forpart 272 continues to read as follows:

Authority: Sections 2002(a), 3006, and 7004(b) ofthe SolidWaste Disposal Act, as amendedby the Resource Conservation and Recovery Act, as amended.42U.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: Finalauthorization.

Pursuant to section 3006(b) ofRCRA, 42 U.S.C. 6926(b): Idaho has final authorization for thefollowing 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) StateStatutesand Regulations.(1) The requirements in theIdaho statutes and regulations cited in this paragraph

are incorporated by reference as part of the hazardous waste management program under subtitle C ofRCRA, 42 U.S.C. 6921 etseq.This incorporation by reference was approved by the Director of theFederal Register in accordance with 5U.S.C. 552(a) and 1 CFRpart 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 ofFederal 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 ofHealth andWelfare, Administrative Procedures Section, 1410 N Hilton, Boise, Idaho 83720.

(i) Statutory authority is vested in the State ofIdaho, Board ofHealth and 11581

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Welfare, by the Hazardous Waste Management Actof 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 theMichie 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 ofJune 10, 1988, are part ofthe 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)Memorandumof Agreement.The Memorandum ofAgreement between EPA Region 10 and Idaho Department of Health and Welfare signed by the EPA Regional Administrator on (insert appropriate date), is a part ofthe authorized hazardous waste management program under subtitle C ofRCRA 42 U.S.C. 6921 etseq.

§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 RPart 642 [Docket No. 920128-20281

Coastal Migratory Pelagic Resources ofthe 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 inthe fishery for coastal migratory pelagic fish. Specifically, this interim final rule (1)removes from the regulations the specification of anApril-through-March permit year; (2) conditions the reissuance ofa permit onthe receipt of all required reports for the vessel; (3)

removes from the regulations the specification ofthe permit fee; and (4) otherwise clarifies existing policies and procedures forissuing vessel permits. The intended effects ofthis 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 GulfofMexico states. EFFECTIVE DATE: April 1, 1992. Written comments must be received on orbefore May 1, 1992. ADDRESSES: Comments may be sent to W. PerryAllen, 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 ofthe GulfofMexico and South Atlantic (FMP)and its implementing regulations at 50 CFR part 642under the authority ofthe Magnuson Fishery Conservation andManagement Act (Magnuson Act).

The regulations at 50 CFR 642.4 require (1)an owner oroperator of a fishing vessel to obtain a vessel permit in order for persons aboard that vessel to fish forking or Spanish mackerel in the exclusive economic zone (EEZ) under the commercial allocations; and (2)an owner or operator ofa charter vessel to obtain charter vessel permit in order for persons aboard that vessel to fish forcoastal migratorypelagic fish in theEEZ. This interim final rule revises the permitting requirements to standardize them, to the extent possible, with the current permitting requirements in other fisheries, including thereeffish fishery ofthe GulfofMexico andthe snapper-grouper fishery offthe South Atlantic states, and with theproposed permitting requirements for theAtlantic shark fishery. The goal ofthis standardization is to reduce the occasions when an applicant is required to apply for a Federal fisheries permit. Inlieu ofan application for a permit for each fishery submitted at different times during a year, an applicant would apply

once each year for allfisheries in which he desires a permit. The total permit fees paidby an applicant wouldbe reduced accordingly.

This revision ofthe 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 migratorypelagic fish; (3)clarifies that, for the documentation ofearned income to meet the criterion for a commercial vessel permit, NMFS may require the submission ofcopies of appropriate forms and schedules ofthe applicant's income taxreturn, and clearly states that such forms and schedules are treated as confidential butmay 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 ofthe partnership orthe vessel operator; (5)

removes the specification ofa 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 ofall reports required ofthe applicant underthe 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 ofexisting procedures and, thus, donot change the current processing of applications orissuance of permits.

Removing the fixed permit year is necessary to enable NMFS to consolidate applications for vessel permits issued byits Southeast Region. Currently, Federal vessel permits in the reeffish fishery in the GulfofMexico 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 ofbirth of thevessel owner. A similar procedure is expected to be implemented inthe Atlantic shark fishery. Removal ofthe fixed permit year in the coastal migratory pelagic fishery would standardize the expiration of permits in these fisheries.

The regulations at 50 CFR642.5 (a) and (b)require that,ifselected bythe Science and Research Director, Southeast Fisheries Center, NMFS, the

owner or operator ofa permitted commercial or charter vessel must 

### 11582

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# • MAR 17 1992 

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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: 3 Q-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.

NationalArchivesandRecordsAdministration

# 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