Federal Register / Vol. 62, No. 151 / Wednesday, August 6, 1997 / Rules and Regulations 42217

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors, and in

relation to relevant statutory and

regulatory requirements.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, Part D, of the CAA do not

create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the federal SIP-approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

Federal-State relationship under the

CAA, preparation of a regulatory

flexibility analysis would constitute

federal inquiry into the economic

reasonableness of State action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. EPA, 427 U.S. 246,

256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate, or to the private sector, of

$100 million or more. Under Section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives, and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by October 6, 1997.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review, nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2), 42 U.S.C. 7607(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Fees, Incorporation by

reference, Reporting and recordkeeping

requirements.

Dated: July 17, 1997.

Chuck Findley,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart WW—Washington

2. Section 52.2470 is amended by

adding paragraph (c)(73) to read as

follows:

§ 52.2470 Identification of plan.

* * * * *

(c) * * *

(73) On November 26, 1996 and April

7, 1997, the Director of the Washington

State Department of Ecology

(Washington) submitted to the Regional

Administration of EPA revisions to the

State Implementation Plan consisting of

minor amendments to Puget Sound Air

Pollution Control Agency (PSAPCA)

Regulations I and III.

(i) Incorporation by reference.

(A) PSAPCA Regulations approved—

Regulation I, Sections 3.11, 3.23, 5.02,

5.05, 5.07, 6.03, 7.09—State-adopted

9/12/96. Regulation III, Section 4.03—

State-adopted 9/12/96. Regulation I,

Sections 5.03 and 6.04—State-adopted

12/12/96. Regulation III, Sections 1.11,

2.01, and 2.05—State-adopted 12/12/96.

[FR Doc. 97–20664 Filed 8–5–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 61

[CC Docket Nos. 94–1; FCC 96–488]

Price Cap Performance Review for

Local Exchange Carriers

AGENCY: Federal Communications

Commission.

ACTION: Final rule; Correction.

SUMMARY: This document contains

corrections to the summary of the

Commission’s Report and Order

reforming access charges published in

the Federal Register of January 31, 1997

(62 FR 4657).

EFFECTIVE DATE: June 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Richard Lerner, Attorney, Common

Carrier Bureau, Competitive Pricing

Division, (202) 418–1520, email:

rlerner@fcc.gov.

SUPPLEMENTARY INFORMATION: The

Commission published a summary of

the Price Cap Performance Review for

Local Exchange Carriers Third Report

and Order (released December 24, 1996)

in the Federal Register issue of January

31, 1997, in FR Doc. 97–2143 (62 FR

4657). The summary outlines an order

that adopts rules that are intended to

make it easier for local exchange carriers

to introduce new services and to lower

rates. This summary was published with
42218 Federal Register / Vol. 62, No. 151 / Wednesday, August 6, 1997 / Rules and Regulations

a clerical mistake, which this document

corrects. The publication on January 31,

1997 of the Price Cap Performance

Review for Local Exchange Carriers

Third Report and Order summary (62

FR 4657), which was the subject of FR

Doc. 97–2143, is corrected as follows:

1. On page 4659, in the third column,

§ 61.49, lines 3 and 4, replace

‘‘paragraphs (e) through (k) as

paragraphs (d) through (j)’’ with

‘‘paragraphs (e) through (l) as

paragraphs (d) through (k).

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–20598 Filed 8–5–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–59; RM–8976]

Radio Broadcasting Services; Clayton

and Jena, LA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Clayton FM Partnership,

substitutes Channel 257A for Channel

300A at Clayton, Louisiana, and

modifies Station KFGA–FM’s

construction permit accordingly;

substitutes Channel 274A for Channel

257A at Jena, Louisiana, and modifies

Station KJNA–FM’s license to reflect the

alternate Class A channel. See 62 FR

07983, February 21, 1997. The

coordinates for Channel 257A at Clayton

are 31–46–05 and 91–34–39. The

coordinates for Channel 274A at Jena

are 31–41–51 and 92–05–43. With this

action, this proceeding is terminated.

EFFECTIVE DATE: September 15, 1997.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–59,

adopted July 23, 1997, and released

August 1, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

ITS, Inc., (202) 857–3800, 2100 M

Street, NW, Suite 140, Washington, DC

20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082;

47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Louisiana, is

amended by removing Channel 300A

and adding Channel 257A at Clayton, by

removing Channel 257A and adding

274A at Jena.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–20662 Filed 8–5–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–69; RM–9007]

Radio Broadcasting Services; Idalou,

TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Fred R. Morton, allots

Channel 299A to Idalou, Texas, as the

community’s second local FM service.

See 62 FR 09410, March 3, 1997.

Channel 299A can be allotted to Idalou

in compliance with the Commission’s

minimum distance separation

requirements with a site restriction of

1.5 kilometers (0.9 miles) north in order

to avoid a short-spacing conflict with

the licensed operation of Station KPOS–

FM, Channel 297C2, Post, Texas. The

coordinates for Channel 299A at Idalou

are 33–40–34 NL and 101–41–01 WL.

With this action, this proceeding is

terminated.

DATES: Effective September 15, 1997.

The window period for filing

applications will open on September 15,

1997, and close on October 16, 1997.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–69,

adopted July 23, 1997, and released

August 1, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

ITS, Inc., (202) 857–3800, 2100 M

Street, NW, Suite 140, Washington, DC

20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082;

47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Texas, is amended by

adding Channel 299A at Idalou.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–20661 Filed 8–5–97; 8:45 am]

BILLING CODE 6712–01–P