Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Notices 32437

gives full approval to a MSWLF

program.

B. State of Nebraska

On August 29, 1995 the Nebraska

Department of Environmental Quality

submitted an amended application for

full MSWLF landfill permit program

approval. This application follows an

August 19, 1993 submittal on which

EPA approved all portions of Nebraska’s

program for all parts except the

exemption from ground-water

monitoring at small facilities. The

partial program approval determination

was due to an exemption from ground

water monitoring at small facilities

which appeared in Nebraska

Department of Environmental Quality,

Title 132—Rules and Regulations

Pertaining to Solid Waste Management,

Chapter 10, Section 001. This

exemption was vacated from 40 CFR

Part 258 as a result of Sierra Club v. U.S.

Environmental Protection Agency, 992

F.2d 337 (D.C. Cir. 1993). In accordance

with this decision, 40 CFR Part 258.1

(f)(1) was revised in 40 CFR Part

258.1(f), 58 FR 51536 (October 1, 1993).

Further background on the final partial

program determination of adequacy is

located at 58 FR 65985 (December 17,

1993)

Nebraska does not claim jurisdiction

over Indian land. Nebraska’s program is

not enforceable on Indian lands.

The EPA has reviewed Nebraska’s

application, and has made an immediate

final decision that Nebraska’s municipal

solid waste landfill permit program

satisfies all the requirements of the

State/Tribal Implementation Rule to

qualify for full program approval.

Consequently, EPA intends to grant full

approval of the Nebraska program. The

public may submit written comments on

EPA’s immediate final decision up until

July 24, 1996. Copies of Nebraska’s

application for program approval are

available for inspection and copying at

the locations identified in the

ADDRESSES section of this action .

Approval of Nebraska’s municipal

solid waste landfill permitting program

shall become effective August 23, 1996,

unless an adverse comment pertaining

to the State’s revision discussed in this

notice is received by the end of the

comment period. If an 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.

C. Decision

I conclude that Nebraska’s application

for full program adequacy determination

meets all of the statutory and regulatory

requirements established by RCRA for

full program adequacy. Accordingly,

Nebraska is granted a full program

determination of adequacy for all parts

of its municipal solid waste landfill

permit program.

Section 4005(a) of RCRA provides that

citizens may use the citizen suit

provisions of section 7002 of RCRA to

enforce the Federal MSWLF criteria in

40 CFR part 258 independent of any

State/Tribal enforcement program. As

the EPA explained in the preamble to

the final MSWLF criteria, the EPA

expects that any owner or operator

complying with provisions in a State/

Tribal program approved by the EPA

should be considered to be in

compliance with the Federal criteria.

See 56 FR 50978, 50995 (October 9,

1991).

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this notice 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 final

approval will not have a significant

economic impact on a substantial

number of small entities. It does not

impose any new burdens on small

entities. This notice, therefore, does not

require a regulatory flexibility analysis.

Authority: This notice is issued under the

authority of section 4005 of the Solid Waste

Disposal Act as amended, 42 U.S.C. § 6946.

Dated: June 11, 1996.

Dennis Grams,

Regional Administrator.

[FR Doc. 96–16013 Filed 6–21–96; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5523–5]

Clean Water Act Class II: Proposed

Administrative Penalty Assessment

and Opportunity to Comment

Regarding Union Electric Company, St.

Louis, MO

AGENCY: Environmental Protection

Agency (‘‘EPA’’).

ACTION: Notice of proposed

administrative penalty assessment and

opportunity to comment regarding

Union Electric Company, St. Louis,

Missouri.

SUMMARY: EPA is providing notice of

opportunity to comment on the

proposed assessment.

Under 33 U.S.C. 1319(g), EPA is

authorized to issue orders assessing

civil penalties for various violations of

the Act. EPA may issue such orders after

filing a Complaint commencing either a

Class I or Class II penalty proceeding.

EPA provides public notice of the

proposed assessment pursuant to 33

U.S.C. 1319(g)(4)(A).

Class II proceedings are conducted

under EPA’s Consolidated Rules of

Practice Governing the Administrative

Assessment of Civil Penalties and the

Revocation or Suspension of Permits, 40

CFR part 22. The procedures by which

the public may submit written comment

on a proposed Class II order or

participate in a Class II proceeding, and

the procedures by which a respondent

may request a hearing, are set forth in

the Consolidated Rules. The deadline

for submitting public comment on a

proposed Class II order is thirty (30)

days after issuance of public notice.

On June 24, 1995, EPA commenced

the following Class II proceeding for the

assessment of penalties by filing with

the Regional Hearing Clerk, U.S.

Environmental Protection Agency,

Region VII, 726 Minnesota Avenue,

Kansas City, Kansas 66101, (913) 551–

7630, the following Complaint: In the

Matter of Union Electric Company, St.

Louis, Missouri, EPCRA Docket No. VII–

95E–158 and CWA Docket No. VII–95–

W–001.

The Complaint proposes a penalty of

Ten Thousand Dollars ($10,000) for the

discharge of Mercury into the

Mississippi River, on September 28,

1994, without a permit issued under

Section 402 of the Clean Water Act, in

violation of Section 301 of the Clean

Water Act.

FOR FURTHER INFORMATION: Persons

wishing to receive a copy of EPA’s

Consolidated Rules, review the

Complaint or other documents filed in

this proceeding, comment upon the

proposed penalty assessment, or

otherwise participate in the proceeding

should contact the Regional Hearing

clerk identified above.

The administrative record for the

proceeding is located in the EPA

Regional Office at the address stated

above, and the file will be open for

public inspection during normal

business hours. All information

submitted by Union Electric Company is

available as part of the administrative

record, subject to provisions of law

restricting public disclosure of

confidential information. In order to

provide opportunity for public
32438 Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Notices

comment, EPA will issue no final order

assessing a penalty in this proceeding

prior to thirty (30) days from the date of

this notice.

Dated: June 5, 1996.

Delores J. Platit,

Acting Regional Administrator.

[FR Doc. 96–16011 Filed 6–21–96; 8:45 am]

BILLING CODE 6560–50–M

FARM CREDIT ADMINISTRATION

Farm Credit Administration Board;

Special Meeting

AGENCY: Farm Credit Administration.

SUMMARY: Notice is hereby given,

pursuant to the Government in the

Sunshine Act (5 U.S.C. 552b(e)(3)), of

the special meeting of the Farm Credit

Administration Board (Board).

DATE AND TIME: The special meeting of

the Board will be held at the offices of

the Farm Credit Administration in

McLean, Virginia, on June 25, 1996,

from 9:00 a.m. until such time as the

Board concludes its business.

FOR FURTHER INFORMATION CONTACT:

Floyd Fithian, Secretary to the Farm

Credit Administration Board, (703) 883–

4025, TDD (703) 883–4444.

ADDRESS: Farm Credit Administration,

1501 Farm Credit Drive, McLean,

Virginia 22102–5090.

SUPPLEMENTARY INFORMATION: This

meeting of the Board will be open to the

public (limited space available). In order

to increase the accessibility to Board

meetings, persons requiring assistance

should make arrangements in advance.

The matters to be considered at the

meeting are:

Open Session

A. Approval of Minutes.

B. New Business—Regulations.

1. Capital (Phase II) [12 CFR Part 615]

(Final).

2. Eligibility and Scope of Financing [12

CFR Part 613] (Final).

Dated: June 19, 1996.

Floyd Fithian,

Secretary, Farm Credit Administration Board.

[FR Doc. 96–16057 Filed 6–19–96; 8:45 am]

BILLING CODE 6705–01–P

FEDERAL DEPOSIT INSURANCE

CORPORATION

Amendment to Statement of Policy

Regarding Independent External

Auditing Programs of State

Nonmember Banks

AGENCY: Federal Deposit Insurance

Corporation (FDIC or Corporation).

ACTION: Statement of policy.

SUMMARY: As part of the FDIC’s

systematic review of its regulations and

written policies under Section 303(a) of

the Riegle Community Development and

Regulatory Improvement Act of 1994

(CDRI), the FDIC is amending its policy

statement regarding independent

external auditing programs of state

nonmember banks (Policy Statement).

These amendments remove an

inconsistency between the Policy

Statement and another policy that was

later approved by the FDIC Board of

Directors and eliminate a reference to

another FDIC policy which has been

superseded. The amendments also add

a paragraph referencing a statutory

requirement enacted since the Policy

Statement’s adoption and renumber the

subsequent paragraphs of the Policy

Statement.

EFFECTIVE DATE: June 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Doris L. Marsh, Examination Specialist,

Division of Supervision, (202) 898–

8905, or Sandra Comenetz, Counsel,

Legal Division, (202) 898–3582, FDIC,

550 17th Street NW., Washington, DC

20429.

SUPPLEMENTARY INFORMATION: The FDIC

is conducting a systematic review of its

regulations and written policies. Section

303(a) of the CDRI (12 U.S.C. 4803(a))

requires each federal banking agency to

streamline and modify its regulations

and written policies in order to improve

efficiency, reduce unnecessary costs,

and eliminate unwarranted constraints

on credit availability. Section 303(a)

also requires each federal agency to

remove inconsistencies and outmoded

and duplicative requirements from its

regulations and written policies. As part of this review, the FDIC has

determined that the Policy Statement

needs several amendments to eliminate

inconsistencies and outmoded

requirements. The Policy Statement was adopted by

the FDIC Board of Directors on

November 16, 1988, and published on

November 28, 1988, 53 FR 47871. The

Policy Statement states that the FDIC

strongly encourages each state

nonmember bank to adopt an external

auditing program that includes an

annual audit of its financial statements

by an independent public accountant.

However, the Federal Deposit Insurance

Corporation Improvement Act of 1991

added Section 36 to the Federal Deposit

Insurance Act. Section 36, and its

implementing regulation at 12 CFR Part

363, requires all insured depository

institutions with $500 million or more

in total assets at the beginning of their

fiscal year to have an annual audit

performed by an independent public

accountant and to have an audit

committee entirely consisting of outside

directors who are independent of

management. A new paragraph 3 has

been added to the Policy Statement

describing these and certain related

requirements for larger institutions and

the existing paragraphs 3 through 15

have been redesignated paragraphs 4

through 16.

In addition, the Policy Statement

advises applicants for deposit insurance

that they will generally be expected to

commit their bank to obtain an audit of

its financial statements by an

independent public accountant

annually for at least the first three years

after deposit insurance is granted

[emphasis added]. Original footnote 2 to

the Policy Statement refers to a June 24,

1987, FDIC policy statement on deposit

insurance applications by operating

non-FDIC insured institutions.

However, newly insured institutions

generally present greater risks to the

deposit insurance funds than operating

insured institutions which have been

subject to ongoing supervision by the

applicable federal and state regulators.

In addition, a statement of policy on

Applications for Deposit Insurance was

adopted by the FDIC Board of Directors

on April 7, 1992, 57 FR 12822, which

superseded the referenced 1987 policy

statement. The 1992 policy statement

states the FDIC’s belief that an annual

audit by an independent public

accountant should be an integral part of

the safe and sound management of a

depository institution. As a result,

applicants for deposit insurance

coverage are expected to commit their

depository institution to obtain an audit

by an independent public accountant

annually for at least the first five years

after deposit insurance coverage is

granted [emphasis added]. Thus, this

Policy Statement must be amended to be

consistent with the more recent

statement of policy on Applications for

Deposit Insurance. A reference to the

1992 applications policy replaces a

reference to the rescinded policy

statement in footnote 2.

Discussion of Amendments

A new paragraph 3 is added to the

Policy Statement to explain the audit

and audit committee requirements for

all insured depository institutions with

$500 million or more in total assets as

a result of the addition of Section 36 to

the Federal Deposit Insurance Act in

1991. Thus, the original paragraphs 3

through 15 have been redesignated

paragraphs 4 through 16. In renumbered

paragraph 11 of the Policy Statement,

the word ‘‘three’’ is replaced with the

word ‘‘five’’ because newly insured