49188 Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Proposed Rules

areas with population in excess of either

100,000 or 200,000 depending on

location. Furthermore, the impact

created by the proposed action does not

increase the preexisting burden of the

existing rules which this proposal seeks

to amend.

D. Unfunded Mandates Act

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

where the estimated costs to State, local,

or tribal governments, or to the private

sector, will be $100 million or more.

Under § 205, EPA must select the most

cost-effective and least burdensome

alternative that achieves the objective 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 impacted by the

rule. To the extent that the rules being

proposed by this action would impose

any mandate at all as defined in section

101 of the Unfunded Mandates Act

upon the state, local, or tribal

governments, or the private sector, as

explained above, this proposed rule is

not estimated to impose costs in excess

of $100 million. Therefore, EPA has not

prepared a statement with respect to

budgetary impacts. As noted above, this

rule offers opportunities to states that

would enable them to lower economic

burdens from those resulting from the

currently existing I/M rule.

List of Subjects in 40 CFR Part 51

Environmental protection,

Administrative practice and procedure,

Air pollution control, Carbon monoxide,

Transportation.

Dated: September 2, 1997.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, title 40, chapter I of the Code

of Federal Regulations is proposed to be

amended to read as follows:

PART 51—[AMENDED]

1.The authority citation for part 51 continues

to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. Section 51.353 is amended by

revising paragraphs (c)(3) and (c)(4) to

read as follows:

§ 51.353 Network type and program

evaluation.

* * * * *

(c) * * *

(3) The evaluation program shall

consist, at a minimum, of those items

described in paragraph (b)(1) of this

section and program evaluation data

using a sound evaluation methodology,

as approved by EPA, and evaporative

system checks, specified in § 51.357(a)

(9) and (10) of this subpart, for model

years subject to those evaporative

system test procedures. The test data

shall be obtained from a representative,

random sample, taken at the time of

initial inspection (before repair) on a

minimum of 0.1 percent of the vehicles

subject to inspection in a given year.

Such vehicles shall receive a state

administered or monitored test, as

specified in this paragraph (c)(3), prior

to the performance of I/M-triggered

repairs during the inspection cycle

under consideration.

(4) The program evaluation test data

shall be submitted to EPA and shall be

capable of providing accurate

information about the overall

effectiveness of an I/M program, such

evaluation to begin no later than

November 30, 1998.

* * * * *

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. Section 52.2026 is amended by

revising paragraph (a)(2) to read as

follows:

§ 52.2026 Conditional approval.

* * * * *

(a) * * *

(2) The Commonwealth must submit

to EPA as a SIP amendment, by

November 30, 1998, the final

Pennsylvania I/M program evaluation

regulation requiring an approved

alternative sound evaluation

methodology to be performed on a

minimum of 0.1 percent of the subject

fleet each year as per 40 CFR

51.353(c)(3) and which meets the

program evaluation elements as

specified in 40 CFR 51.353(c).

* * * * *

3. Section 52.2450 is amended by

revising paragraph (b)(2) to read as

follows:

§ 52.2450 Conditional approval.

* * * * *

(b) * * *

(2) The Commonwealth must submit

to EPA as a SIP amendment, by

November 30, 1998, the final Virginia I/

M program evaluation regulation

requiring an approved alternative sound

evaluation methodology to be performed

on a minimum of 0.1 percent of the

subject fleet each year as per 40 CFR

§ 51.353(c)(3) and which meets the

program evaluation elements as

specified in 40 CFR 51.353(c).

4. Section 52.424 is amended by

revising paragraph (b) introductory text

to read as follows:

§ 52.424 Conditional approval.

* * * * *

(b) The State of Delaware’s February

17, 1995 submittal for an enhanced

motor vehicle inspection and

maintenance (I/M) program, and the

November 30, 1995 submittal of the

performance standard evaluation of the

low enhanced program, is conditionally

approved based on certain

contingencies.

The following conditions must be

addressed in a revised SIP submission.

Along with the conditions listed is a

separate detailed I/M checklist

explaining what is required to fully

remedy the deficiencies found in the

proposed notice of conditional

approval. This checklist is found in the

Technical Support Document (TSD),

located in the docket of this rulemaking,

that was prepared in support of the

proposed conditional I/M rulemaking

for Delaware. This checklist and

Technical Support Document are

available at the Air, Radiation, and

Toxics Division, 841 Chestnut Bldg.,

Philadelphia, PA 19107, telephone (215)

566–2183. By no later than one year

from June 18, 1997, Delaware must

submit a revised SIP that meets the

following conditions for approvability,

with the exception of condition in

paragraph (b)(3) of this section which

addresses I/M program evaluation

requirements. Condition in pargraph

(b)(3) of this section must be met by

November 30, 1998, in keeping with the

amended requirements of 40 CFR

51.353.

* * * * *

[FR Doc. 97–24947 Filed 9–18–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX–21–1–7345b; FRL–5894–5]

Approval and Promulgation of State

Implementation Plan: Employee

Commute Options (Employer Trip

Reduction) Program for Texas

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.
Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Proposed Rules 49189

SUMMARY: This action proposes to

remove the Texas Employee Commute

Options (ECO) rule from the State

Implementation Plan (SIP) revision

submitted by the State of Texas for the

purpose of establishing an ECO program

(also known as the Employer Trip

Reduction program). This action will

relieve, if approved, the State from

mandatory implementation of the ECO

program in the Houston-Galveston

ozone nonattainment area. The

authority for this removal action is

based on Public Law 104–70 and the

subsequent EPA policy issued on April

23, 1996.

In the Final Rules Section of this

Federal Register, EPA is removing the

Texas ECO rule from the SIP as a direct

final rulemaking without prior proposal

because the EPA views this action as

noncontroversial and anticipates no

adverse comments. A detailed rationale

for the approval is set forth in the direct

final rule. If no adverse comments are

received in response to that direct final

rule, no further activity is contemplated

in relation to this proposed rule. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The EPA

will not institute a second comment

period on this action. Any parties

interested in providing comments on

this action should do so at this time.

DATES: Comments on this proposed rule

must be received in writing and

postmarked by October 20, 1997.

ADDRESSES: Comments must be

submitted to Mr. J. Behnam, P. E., Air

Planning Section (6PDL), Multimedia

Planning and Permitting Division,

Environmental Protection Agency,

Region 6, 1445 Ross Avenue, Dallas,

Texas 75202.

Copies of the State ECO withdrawal

request are available for inspection

during normal business hours at the

following locations. Interested persons

wanting to examine these documents

should make an appointment with the

appropriate office at least 24 hours

before the visiting day.

Air Planning Section (6PDL),

Multimedia Planning and Permitting

Division, Environmental Protection

Agency, Region 6, 1445 Ross Avenue,

Dallas, Texas 75202, Telephone: (214)

665–7214.

Texas Natural Resource Conservation

Commission, 12124 Park 35 Circle,

Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Mr.

J. Behnam, P. E., AirPlanning Section

(6PDL), Multimedia Planning and

Permitting Division, Environmental

Protection Agency, Region 6, 1445 Ross

Avenue, Dallas, Texas 75202, Telephone

(214) 665–7247.

SUPPLEMENTARY INFORMATION: See the

information provided in the direct final

rule which is located in the Rules

Section of this Federal Register.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Nitrogen dioxide, Ozone,

Volatile organic compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: August 12, 1997.

Jerry Clifford,

Acting Regional Administrator.

[FR Doc. 97–24844 Filed 9–18–97; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–201, RM–9127]

Radio Broadcasting Services; Crested

Butte, CO

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition for rule making

filed on behalf of Crested Butte

Broadcasting Company, requesting the

allotment of Channel 293A to Crested

Butte, Colorado, as that community’s

first local commercial FM transmission

service. Coordinates used for Channel

293A at Crested Butte are 38–52–06 and

106–59–06.

DATES: Comments must be filed on or

before November 3, 1997, and reply

comments on or before November 18,

1997.

ADDRESSES: Secretary, Federal

Communications Commission,

Washington, DC 20554. In addition to

filing comments with the FCC,

interested parties should serve the

petitioner’s counsel, as follows: Nancy

L. Wolf and Matthew H. Brenner, Esqs.,

Leventhal, Senter & Lerman, Suite 600,

2000 K Street, NW., Washington DC

20006.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

97–201, adopted September 3, 1997, and

released September 12, 1997. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC’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 contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

Provisions of the Regulatory

Flexibility Act of l980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, See 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–24932 Filed 9–18–97; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–200, RM–9144]

Radio Broadcasting Services; Ashton,

ID

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition for rule making

filed by Mountain Tower Broadcasting

requesting the allotment of Channel

224A to Ashton, Idaho, an incorporated

community, as its first local aural

transmission service. Coordinates used

for Channel 224A at Ashton are 44–08–

10 and 111–30–57.

DATES: Comments must be filed on or

before November 3, 1997, and reply

comments on or before November 18,

1997.

ADDRESSES: Secretary, Federal

Communications Commission,

Washington, DC 20554. In addition to

filing comments with the FCC,

interested parties should serve the