10332 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations

approval application must be received

by the close of business on March 27,

1995.

ADDRESSES: Copies of the Arkansas final

approval application are available

during the hours between 8 a.m. and

4:30 p.m. at the following addresses for

inspection and copying: Arkansas

Department of Pollution Control and

Ecology, 8001 National Drive, Little

Rock, Arkansas 72219, Phone: (501)

562–6533; U.S. EPA Headquarters,

Office of Underground Storage Tanks

Docket Clerk, Room 2616, 401 M Street

SW., Washington, DC 20460, Phone:

(202) 260–9720; and US EPA, Region 6

Library, 12th floor, 1445 Ross Avenue,

Dallas, Texas 75202, Phone: (214) 665–

6424. Written comments should be sent

to Ms. Guanita Reiter, Chief, RCRA

Programs Branch, Region 6, 1445 Ross

Avenue, Dallas, Texas 75202.

FOR FURTHER INFORMATION CONTACT:

Arkansas State Program Officer,

Underground Storage Tank Program,

Mr. John Cernero, US EPA Region 6,

1445 Ross Avenue, Dallas, Texas 75202,

Phone: (214) 665–2233.

SUPPLEMENTARY INFORMATION:

A. Background

Section 9004 of the Resource

Conservation and Recovery Act (RCRA)

enables EPA to approve State

underground storage tank programs to

operate in the State in lieu of the

Federal underground storage tank (UST)

program. To qualify for final

authorization, a State’s program must:

(1) Be ‘‘no less stringent’’ than the

Federal program; and (2) provide for

adequate enforcement (Sections 9004(a)

and 9004(b) of RCRA, 42 U.S.C.

6991(c)(b)).

On September 26, 1994, the State of

Arkansas submitted an official

application for final approval. Prior to

its submission, the State of Arkansas

provided an opportunity for public

notice and comment in the development

of its underground storage tank program

as required under 40 CFR 281.50(b). The

State then adopted by reference the

corresponding Federal UST regulations

in its Regulation Number 12, which

became fully effective on April 22, 1990.

However, the definitions of ‘‘owner’’

and ‘‘release’’ in the State’s Regulation

Number 12 were not adopted verbatim

per the Federal regulations. Due to the

possibility that the State’s definition

could be misinterpreted, language was

included in the Memorandum of

Agreement and in the State Attorney

General’s Statement, which states that

the State will revise the regulation to

remove any ambiguities in the two

definitions during its next applicable

legislative session and will interpret the

definition of ‘‘owner’’ and ‘‘release’’ in

the same manner as EPA, until such

time that the regulations are amended.

B. Decision

After reviewing the Arkansas

application, I conclude that the State’s

program meets all of the requirements

necessary to qualify for final approval.

Accordingly, the State of Arkansas is

granted final approval to operate its

underground storage tank program. The

State of Arkansas now has the

responsibility for managing

underground storage tank facilities

within its borders and carrying out all

aspects of the UST program. The State

of Arkansas also has primary

enforcement responsibility, although

EPA retains the right to conduct

inspections under section 9005 of RCRA

42 U.S.C. 6991d and to take

enforcement actions under section 9006

of RCRA 42 U.S.C. 6991e.

The State of Arkansas is not

authorized to operate the UST program

on Indian lands and this authority will

remain with EPA.

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.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 5 U.S.C.

605(b), I hereby certify that this

approval will not have a significant

economic impact on a substantial

number of small entities. The approval

effectively suspends the applicability of

certain Federal regulations.

List of Subjects in 40 CFR Part 281

Environmental protection,

Administrative practice and procedure,

Hazardous materials, State program

approval, Underground storage tanks.

Authority: This notice is issued under the

authority of Sections 2002(a), 7004(b), and

9004 of the Solid Waste Disposal Act as

amended 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: February 14, 1995.

William Hathaway,

Acting Regional Administrator.

[FR Doc. 95–4596 Filed 2–23–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 216

[Docket No. 950214049–5049–01; I.D.

011295B]

RIN 0648–XX10

Taking and Importing of Marine

Mammals; Yellowfin Tuna Imports;

Spain and Ecuador

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of affirmative findings.

SUMMARY: NMFS announces that the

Republic of Spain and the Republic of

Ecuador have submitted documentation

establishing that they continue to be in

compliance with the requirements of the

yellowfin tuna importation regulations

for nations that have acted to ban purse

seine sets on marine mammals in the

eastern tropical Pacific Ocean (ETP).

Affirmative findings have been issued

that will allow yellowfin tuna and tuna

products harvested by vessels of

Ecuador and Spain to be imported into

the United States through December 31,

1995.

DATES: The affirmative findings were

effective December 29, 1994, for Spain,

and December 30, 1994, for Ecuador,

and remain in effect through December

31, 1995, unless revoked.

FOR FURTHER INFORMATION CONTACT: LT

Dana Wilkes (310) 980–4019, FAX (310)

980–4047.

SUPPLEMENTARY INFORMATION: NMFS

regulations establish provisions for

timely consideration and granting of an

affirmative finding to a nation that

prohibits its vessels from intentionally

setting on marine mammals in the

course of harvesting yellowfin tuna by

purse seine in the ETP (50 CFR

216.24(e)(5)). With an affirmative

finding, yellowfin tuna and products

derived from yellowfin tuna harvested

in the ETP by that nation’s purse seine

vessels may be imported into the United

States.

On December 29, 1994, after

consultation with the Department of

State, NMFS made an affirmative

finding that the Republic of Spain had

submitted acceptable documentary

evidence that its regulatory program

continues to comply with the yellowfin

tuna import regulations. As a result of

this affirmative finding, yellowfin tuna

and products derived from yellowfin

tuna harvested in the ETP by Spanish-
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 10333

flag purse seine vessels may be

imported into the United States through

December 31, 1995.

The Republic of Ecuador also

submitted a request for renewal of an

affirmative finding. NMFS reviewed

information submitted by the Republic

of Ecuador in compliance with 50 CFR

216.24(e)(5)(ix) - (xi). That

documentation shows that, from

May 24, 1994, until June 3, 1994, the

Ecuadorian-flag purse seine vessel

Connie F. fished for yellowfin tuna in

the ETP without an observer on board.

As a result, Ecuador automatically

entered into a 1-year probationary

status, beginning on June 3, 1994, as

required under 50 CFR

§ 216.24(e)(5)(x)(B)(1). On December 30,

1994, after consultation with the

Department of State, NMFS made an

affirmative finding that the Republic of

Ecuador had submitted acceptable

documentary evidence that its

regulatory program complies with the

yellowfin tuna import regulations and

that Ecuador may continue to export

yellowfin tuna harvested in the ETP by

Ecuadorian-flag purse seine vessels to

the United States, in a probationary

status, through December 31, 1995.

Dated: February 17, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

[FR Doc. 95–4519 Filed 2–23–95; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 642

[Docket No. 940710–4292; I.D. 021795C]

Coastal Migratory Pelagic Resources

of the Gulf of Mexico and South

Atlantic

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Trip limit reduction.

SUMMARY: NMFS reduces the

commercial trip limit of Atlantic group

Spanish mackerel in the southern zone

to 500 lb (227 kg) per day in or from the

exclusive economic zone (EEZ). This

trip limit reduction is necessary to

protect the Atlantic Spanish mackerel

resource.

EFFECTIVE DATE: The 500–lb (227–kg)

commercial trip limit is effective

February 21, 1995, and remains in effect

through March 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Mark F. Godcharles, 813–570–5305.

SUPPLEMENTARY INFORMATION: The

fishery for coastal migratory pelagic fish

(king mackerel, Spanish mackerel, cero,

cobia, little tunny, dolphin, and, in the

Gulf of Mexico only, bluefish) is

managed under the Fishery

Management Plan for the Coastal

Migratory Pelagic Resources of the Gulf

of Mexico and South Atlantic (FMP).

The FMP was prepared by the Gulf of

Mexico and South Atlantic Fishery

Management Councils (Councils) and is

implemented by regulations at 50 CFR

part 642 under the authority of the

Magnuson Fishery Conservation and

Management Act.

An adjusted allocation and

commercial trip limits were

recommended by the Councils and

implemented by NMFS for Atlantic

migratory group Spanish mackerel from

the southern zone. As set forth at 50

CFR 642.27(b), the adjusted allocation is

4.35 million lb (1.97 million kg). In

accordance with 50 CFR

642.27(a)(2)(iv), after 100 percent of the

adjusted allocation of Atlantic group

Spanish mackerel from the southern

zone is taken, Spanish mackerel in or

from the EEZ in the southern zone may

not be possessed aboard or landed from

a vessel in a day in amounts exceeding

500 lb (227 kg).

NMFS has determined that 100

percent of the adjusted allocation for

Atlantic group Spanish mackerel from

the southern zone will be taken by

February 20, 1995. Accordingly, the

500–lb (227–kg) per day commercial trip

limit applies to Spanish mackerel in or

from the EEZ in the southern zone

effective 12:01 a.m., local time, February

21, 1995.

The southern zone of Atlantic group

Spanish mackerel extends from the

Georgia/Florida boundary (30°42′45.6′′′

N. lat.) southward to the Dade/Monroe

County, FL, boundary (25°20.4′ N. lat.).

Classification

This action is taken under 50 CFR

642.27(a)(2)(iv) and (b) and is exempt

from review under E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: February 17, 1995.

Fred Bilik,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–4499 Filed 2–17–95; 4:42 pm]

BILLING CODE 3510–22–F