Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44415

aggregate; or to private sector, of $100

million or more. Under Section 205,

EPA must select the most cost-effective

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 proposed/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 Federal 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 section 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 section

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 20, 1997.

Filing a petition for reconsideration by

the Regional 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 to approve VOC and NOX RACT

determinations for a number of

individual sources in Pennsylvania as a

revision to the Commonwealth’s SIP

may not be challenged later in

proceedings to enforce its requirements.

(See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: July 22, 1997.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

40 CFR part 52 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 NN—Pennsylvania

2. Section 52.2020 is amended by

adding paragraph (c)(119) to read as

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(119) Revisions to the Pennsylvania

Regulations, Chapter 129.91 pertaining

to VOC and NOX RACT, submitted on

January 10, 1996 and September 13,

1996 by the Pennsylvania Department of

Environmental Resources (now known

as the Pennsylvania Department of

Environmental Protection):

(i) Incorporation by reference.

(A) Two letters submitted by the

Pennsylvania Department of

Environmental Resources (now, the

Pennsylvania Department of

Environmental Protection) transmitting

source-specific VOC and/or NOX RACT

determinations in the form of operating

permits on the following dates: January

10, 1996 and September 13, 1996.

(B) Operating permits (OP):

(1) Heinz Pet Products, Columbia

County, OP–19–0003, effective

November 27, 1995, except for the

expiration date of the operating permit

and conditions No. 15 through No. 24

pertaining to non-VOC and non-NOX

pollutants.

(2) Graco Children’s Products, Inc.,

Chester County, OP–15–0006, effective

November 30, 1995, except for the

expiration date of the operating permit.

(ii) Additional material.

(A) Remainder of the Commonwealth

of Pennsylvania’s January 10, 1996 and

September 13, 1996 submittals.

* * * * *

[FR Doc. 97–22069 Filed 8–20–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 69

[FRL–5878–6]

Special Exemptions From

Requirements of the Clean Air Act for

the Territory of Guam

AGENCY: Environmental Protection

Agency (‘‘EPA’’).

ACTION: Final rule.

SUMMARY: On February 11, 1997, the

Governor of Guam submitted a petition

(‘‘Petition’’) to the Administrator of EPA

seeking a waiver of certain Clean Air

Act (‘‘CAA’’) requirements which apply

to two baseload diesel electric

generators to be located at the Piti

Power Plant on Guam. The Petition was

submitted pursuant to Section 325(a) of

the CAA. The waiver will help to ease

a serious and ongoing energy emergency

on Guam. Based upon the information

in the Petition, EPA proposed to grant

the waiver requested on June 30, 1997.

62 FR 35113. EPA received no

comments on its proposal.

EFFECTIVE DATE: August 15, 1997.

FOR FURTHER INFORMATION CONTACT:

Norman Lovelace, Chief, Insular Area

Program, Cross Media Division (CMD–

5), U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, California 94105.

Telephone: (415) 744–1599.

SUPPLEMENTARY INFORMATION:

Background

Via a letter dated February 11, 1997,

Governor Gutierrez of Guam submitted

a petition (‘‘Petition’’) to the

Administrator of EPA. The Petition

seeks a waiver of certain Clean Air Act

(‘‘CAA’’) requirements for the

construction of two 45 megawatt

baseload slow speed diesel electric

generators and associated waste heat

recovery boilers with a steam generator.

These units will be part of the Piti

Power Plant. The units will be

designated as Piti Units No. 8 and No.

9. Based upon the information in the

Petition, EPA proposed to grant the

waiver requested on June 30, 1997. 62

FR 35113.

The waiver application seeks to allow

construction of Piti Units No. 8 and No.

9 prior to receipt of a Prevention of

Significant Deterioration (‘‘PSD’’)

permit. Neither of these Piti Units will

operate prior to receipt of a final PSD

permit.

EPA received no comments regarding

its proposal to grant the waiver.

Therefore, EPA is issuing the waiver as

proposed.
44416 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

Regulatory Analysis

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

economic impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

This rulemaking applies only to two

large sources of air emissions used to

generate electrical power on Guam.

These sources of electrical power will

be constructed by an independent

power producer which is not a small

entity. Therefore, this rulemaking will

not impact small entities.

This action has been classified as a

Table 3 action for signature by the

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225).

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866 review.

List of Subjects in 40 CFR Part 69

Environmental protection, Air

pollution control, Guam.

Dated: August 15, 1997.

Carol Browner,

Administrator.

Part 69 of chapter I, title 40 of the

Code of Federal Regulations is amended

as follows:

PART 69—[AMENDED]

1. The authority citation for part 69

continues to read as follows:

Authority: Sec. 325, Clean Air Act, as

amended (42 U.S.C. 7625–1).

2. Section 69.11 is amended by

adding paragraph (d) to read as follows:

§ 69.11 New exemptions.

* * * * *

(d)(1) Pursuant to Section 325(a) of

the CAA and a petition submitted by the

Governor of Guam on February 11, 1997

(‘‘1997 Petition’’), the Administrator of

EPA conditionally exempts Piti Power

Plant Units No. 8 and No. 9 from certain

CAA requirements.

(2) A waiver of the requirement to

obtain a PSD permit prior to

construction is granted for the electric

generating units identified in the 1997

Petition as Piti Units No. 8 and No. 9

(two 45 megawatt baseload diesel

electric generators and associated waste

heat recovery boilers with a steam

generator), with the following

conditions:

(i) Piti Units No. 8 and No. 9 shall not

operate until final PSD permits are

received for these units;

(ii) Piti Units No. 8 and No. 9 shall

not operate until they comply with all

requirements of their PSD permits,

including, if necessary, retrofitting with

BACT;

(iii) If either Piti Units No. 8 or No.

9 operate either prior to the issuance of

a final PSD permit or without BACT

equipment, the Piti Unit(s) shall be

deemed in violation of this waiver and

the CAA beginning on the date of

commencement of construction of the

unit(s).

[FR Doc. 97–22061 Filed 8–20–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–10; RM–8984 and 9033]

Radio Broadcasting Services;

Dodgeville, Mazomanie and Mount

Horeb, WI

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: Action in this document

allots Channel 294A to Mount Horeb,

Wisconsin, as that community’s first

local service in response to a petition

filed by First Congregational Services.

See 62 FR 3653, January 24, 1997. There

is a site restriction 9.6 kilometers (6

miles) west of the community. The

coordinates for Channel 294A are 42–

59–22 and 89–51–12. The

counterproposal filed by Shopper

Stopper, Ltd. requesting the allotment of

Channel 257A at Mazomanie,

Wisconsin, and substitution of Channel

294A for Channel 257A at Dodgeville,

Wisconsin, is denied. With this action,

this proceeding is terminated.

DATES: Effective September 29, 1997.

The window period for filing

applications for Channel 294A at Mount

Horeb, Wisconsin, will open on

September 29, 1997 and close on

October 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 97–10,

adopted August 6, 1997, and released

August 15, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

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 contractors, International

Transcription Services, Inc., 1231 20th

Street NW., Washington, DC 20036,

(202) 857–3800, facsimile (202) 857–

3805.

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 Wisconsin, is

amended by adding Mount Horeb,

Channel 294A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–22114 Filed 8–20–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 541

[Docket No. 96–122; Notice 02]

RIN 2127–AG33

Final Theft Data; Motor Vehicle Theft

Prevention Standard

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation.

ACTION: Publication of final theft data.

SUMMARY: This document publishes the

final data on thefts of model year (MY)

1995 passenger motor vehicles that

occurred in calendar year (CY) 1995.

The final 1995 theft data indicate a

decrease in the vehicle theft rate when

compared to the theft rate experienced

in CY/MY 1994. The final theft rate for

MY 1995 passenger vehicles stolen in

calendar year 1995 (3.57 thefts per

thousand vehicles produced) decreased

by 14.4 percent from the theft rate for

CY/MY 1994 vehicles (4.17 thefts per