17652 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Rules and Regulations

operators to use a financial test instead

of a more expensive third-party

instrument to assure that adequate

funds will be readily available to cover

the costs of closure, post-closure care,

and corrective action associated with

MSWLFs.

IV. Effective Date

Today’s rule is effective immediately.

Section 3010(b) of RCRA provides that

regulations respecting requirements

applicable to the treatment, storage, or

disposal of hazardous waste shall take

effect six months after the date of

promulgation. However, section

3010(b)(1) of RCRA allows the Agency

to set a shorter effective date if the

Agency finds that the regulated

community does not need six months to

come into compliance with the new

regulation.

The regulated community does not

need six months to come into

compliance with today’s rule, because

the provisions of this rule delays the

regulatory requirements of financial

responsibility and allows the Agency

time to develop additional, more

flexible, methods for MSWLF owners

and operators to comply with the

regulations. Today’s rule, therefore, is

immediately effective under section

553(d) of the Administrative Procedure

Act.

V. Economic and Regulatory Impacts

A. Executive Order 12866

Under Executive Order 12866, which

was published in the Federal Register

on October 4, 1993 (see 58 FR 51735),

the Agency must determine whether a

regulatory action is ‘‘significant’’ and,

therefore, subject to OMB review and

the requirements of the Executive Order.

The Order defines ‘‘significant

regulatory action’’ as one that is likely

to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more, or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or Tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlement, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

The Agency believes that this final

rule does not meet the definition of a

major regulation. Thus, the Agency is

not conducting a Regulatory Impact

Analysis, and today’s final rule is not

subject to review by the Office of

Management and Budget (OMB) based

upon Executive Order 12886.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act

[5 U.S.C. 601 et seq.] at the time an

Agency publishes a proposed or final

rule, it generally must prepare a

Regulatory Flexibility Analysis that

describes the impact of the rule on small

entities (i.e., small businesses, small

organizations, and small governmental

jurisdictions), unless the Administrator

certifies that the rule will not have a

significant economic impact on a

substantial number of small entities.

The effect of this final rule is to provide

small entities with additional time to

meet the financial assurance

requirements of subtitle D regarding

closure and post-closure costs.

Therefore, pursuant to 5 U.S.C. 605b,

the Agency believes that this final rule

will not have a significant impact on a

substantial number of small entities.

C. Paperwork Reduction Act

The Agency has determined that there

are no new reporting, notification, or

recordkeeping provisions associated

with today’s final rule.

List of Subjects in 40 CFR Part 258

Environmental protection, Reporting

and recordkeeping requirements, Waste

treatment and disposal.

Dated: March 31, 1995.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, title 40 chapter I, of the Code

of Federal Regulations is amended as

follows:

PART 258—CRITERIA FOR MUNICIPAL

SOLID WASTE LANDFILLS

1. The authority citation for part 258

continues to read as follows:

Authority: 42 U.S.C. 6907(a)(3), 6912(a),

6944(a), and 6949a(c); 33 U.S.C. 1345(d) and

1345(e).

2. § 258.70 is amended by revising

paragraph (b) to read as follows:

§ 258.70 Applicability and effective date.

* * * * *

(b) The requirements of this section

are effective April 9, 1997.

3. § 258.74 is amended by revising

paragraph (a)(5) to read as follows:

§ 258.74 Allowable mechanisms.

* * * * *

(a) * * *

(5) The initial payment into the trust

fund must be made before the initial

receipt of waste or before the effective

date of the requirements of this section

(April 9, 1997), whichever is later, in

the case of closure and post-closure

care, or no later than 120 days after the

corrective action remedy has been

selected in accordance with the

requirements of § 258.58.

* * * * *

4. § 258.74 is amended by revising the

third sentence of paragraph (b)(1); by

revising the second sentence of

paragraph (c)(1); and by revising the

second sentence of paragraph (d)(1) to

read as follows:

§ 258.74 Allowable mechanisms.

* * * * *

(b) * * *

(1) * * * The bond must be effective

before the initial receipt of waste or

before the effective date of the

requirements of this section (April 9,

1997), whichever is later, in the case of

closure and post-closure care, or no later

than 120 days after the corrective action

remedy has been selected in accordance

with the requirements of § 258.58.* * *

* * * * *

(c) * * *

(1) * * * The letter of credit must be

effective before the initial receipt of

waste or before the effective date of the

requirements of this section (April 9,

1997), whichever is later, in the case of

closure and post-closure care, or no later

than 120 days after the corrective action

remedy has been selected in accordance

with the requirements of § 258.58.

* * *

* * * * *

(d) * * *

(1) * * * The insurance must be

effective before the initial receipt of

waste or before the effective date of the

requirements of this section (April 9,

1997), whichever is later, in the case of

closure and post-closure care, or no later

than 120 days after the corrective action

remedy has been selected in accordance

with the requirements of § 258.58.* * *

* * * * *

[FR Doc. 95–8605 Filed 4–6–95; 8:45 am]

BILLING CODE 6560–50–P
Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Rules and Regulations 17653

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 101–20

[FPMR Amendment D–93]

RIN 3090–AF50

Energy Conservation

AGENCY: Public Buildings Service,

General Services Administration.

ACTION: Final rule.

SUMMARY: This rule eliminates the

General Services Administration’s

existing operating standards and allows

for the maintenance of building

temperatures in a manner satisfactory to

users and consistent with local

commercial practices. In addition, it

deletes the minimum ventilation rate

and replaces it with the ventilation

standards specified by the American

Society of Heating, Refrigeration and

Air-Conditioning Engineers (ASHRAE

Standard 62 Ventilation for Acceptable

Indoor Air Quality).

EFFECTIVE DATE: April 7, 1995.

FOR FURTHER INFORMATION CONTACT:

Jim Carelock, Office of Property

Management, Washington, DC 20405,

(202) 501–1430.

SUPPLEMENTARY INFORMATION: Executive

Order 12862, Setting Customer Service

Standards, states that in order to carry

out the principles of the National

Performance Review, the Federal

Government must be customer-driven.

GSA, in an effort to become more

customer driven, seeks to improve

customer satisfaction, by changing

regulations that have direct effect on

three areas of low customer satisfaction.

GSA’s customers, building tenants have

indicated by their responses to customer

surveys that they have very low

satisfaction levels for the following:

ventilation, 42 percent satisfied; indoor

air quality, 44 percent satisfied; summer

temperature, 53 percent satisfied; and

winter temperature, 56 percent satisfied.

The two sections of the Federal

Property Management Regulations

(FPMR) addressed in this regulation

mandate space temperatures and

ventilation rates that contribute to low

customer satisfaction. These changes

will permit the Buildings Managers to

control building temperatures and

mandate adherence to the latest air

ventilation guidelines. The proposed

regulation was published in the Federal

Register on September 13, 1994, for

comment (59 FR 46951). No comments

were received during the comment

period.

Executive Order 12866

The General Services Administration

(GSA) has determined that this rule is

not a significant regulatory action for

the purposes of Executive Order 12866.

Regulatory Flexibility Act

GSA has determined that this rule

will not have a significant economic

impact on a substantial number of small

entities under the Regulatory Flexibility

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

List of Subjects in 41 CFR Part 101–20

Fire prevention, Blind, Safety,

Concessions, Crime, Federal buildings

and facilities, Government property

management, Security measures.

For the reasons set out in the

preamble, 41 CFR Part 101–20 is

amended as follows:

PART 101–20—MANAGEMENT OF

BUILDINGS AND GROUNDS

1. The authority citation for Part 101–

20 continues to read as follows:

Authority: Sec. 205(c), 63 Stat. 390; 40

U.S.C. 486(c).

Subpart 101–20.1—Building

Operations, Maintenance, Protection,

and Alterations

2. Section 101–20.107 is amended by

revising paragraph (c)(1) and paragraph

(e) to read as follows:

§ 101–20.107 Energy conservation.

* * * * *

(c) * * *

(1) Temperatures will be maintained

to maximize customer satisfaction by

conforming to local commercial

equivalent temperature levels and

operating practices. GSA will seek to

minimize energy use while operating its

buildings in this manner. During nonworking hours, heating temperatures

shall be set no higher than 55 degrees

Fahrenheit and air-conditioning will not

be provided except as necessary to

return space temperatures to a suitable

level for the beginning of working

hours.

* * * * *

(e) During working hours in periods of

heating and cooling, provide ventilation

in accordance with ASHRAE Standard

62, Ventilation for Acceptable Indoor

Air Quality where physically practical.

Where not physically practical, provide

the maximum allowable amount of

ventilation during periods of heating

and cooling and pursue opportunities to

increase ventilation up to current

standards. ASHRAE Standard 62 is

available from ASHRAE Publications

Sales, 1791 Tullie Circle NE, Atlanta,

GA 30329–2305.

* * * * *

Dated: March 24, 1995.

Julia M. Stasch,

Acting Administrator of General Services.

[FR Doc. 95–8486 Filed 4–6–95; 8:45 am]

BILLING CODE 6820–23–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 675

[Docket No. 950206040–5040–01; I.D.

040395D]

Groundfish of the Bering Sea and

Aleutian Islands Area; Trawl Yellowfin

Sole Fishery in Zone 1

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing the directed

fishery for yellowfin sole by vessels

using trawl gear in Bycatch Limitation

Zone 1 (Zone 1) of the Bering Sea and

Aleutian Islands management area

(BSAI). This action is necessary to

prevent exceeding the prohibited

species catch (PSC) allowance of C.

bairdi Tanner crab apportioned to the

trawl yellowfin sole fishery category in

Zone 1.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), April 4, 1995, until 12

midnight, A.l.t., December 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Andrew N. Smoker, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson Fishery

Conservation and Management Act.

Fishing by U.S. vessels is governed by

regulations implementing the FMP at 50

CFR parts 620 and 675.

The 1995 PSC allowance of C. bairdi

Tanner crab in Zone 1 for the trawl

yellowfin sole fishery category, which is

described at § 675.21(b)(1)(iii)(B)(1), was

established as 225,000 crabs in Table 7

on page 8485 of the 1995 specifications

(60 FR 8479, February 14, 1995).

The Director, Alaska Region, NMFS,

has determined, in accordance with

§ 675.21(c)(1)(i), that the PSC allowance