Federal Register / Vol. 62, No. 245 / Monday, December 22, 1997 / Rules and Regulations 66825

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.

This action removes a requirement

that the Clean Air Act required the State

to address. Therefore, because this

action does not impose any new

requirements, I certify that it does not

have an impact on any small entities.

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 annual costs to

State, local, or tribal governments in the

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 this action

does not include a federal mandate that

may result in estimated annual costs of

$100 million or more to either State,

local, or tribal governments in the

aggregate, or to the private sector. This

federal action imposes no new

requirements, and accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

Submission to Congress and the General

Accounting Office

Under 5 U.S.C. 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 5

U.S.C. section 804(2).

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 February 20,

1998. 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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Nitrogen oxides,

Ozone, Volatile organic compounds,

Intergovernmental relations, Reporting

and recordkeeping requirements.

Dated: December 4, 1997.

William J. Muszynski,

Acting Regional Administrator, Region 2.

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 HH—New York

2. Section 52.1683 is amended by

adding new paragraph (f) to read as

follows:

52.1683 Control strategy: Ozone.

* * * * *

(f) Attainment Determination—EPA

has determined that, as of February 5,

1998, the Poughkeepsie ozone

nonattainment area (consisting of

Dutchess and Putnam Counties and

northern Orange County) has air

monitoring data that attains the onehour ozone standard and that the

requirements of section 182(b)(1)

(reasonable further progress and

attainment demonstration) and related

requirements of section 172(c)(9)

(contingency measures) of the Clean Air

Act do not apply to the area.

[FR Doc. 97–33080 Filed 12–19–97; 8:45 am]

BILLING CODE 6560–50–P

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

45 CFR Part 1110

Nondiscrimination in Federally

Assisted Programs; Technical

Amendment

AGENCY: National Foundation on the

Arts and the Humanities.

ACTION: Final rule; technical

amendment.

SUMMARY: This final rule incorporates

the new name of the Institute of

Museum and Library Services (the

‘‘Institute’’), established by the Museum

and Library Services Act of 1996, into

the regulations promulgated by the

National Foundation on the Arts and the

Humanities regulations regarding

nondiscrimination in federally assisted

programs. These regulations implement

Title VI of the Civil Rights Act of 1964,

thereby prohibiting discrimination on

the grounds of race, color, or national

origin, in federally funded programs.

DATES: This final rule is effective

December 22, 1997.

FOR FURTHER INFORMATION CONTACT:

Mary Ann Bittner, Director of

Legislative and Public Affairs, Institute

of Museum and Library Services, 1100

Pennsylvania Avenue, N.W.,

Washington, D.C. 20405. Telephone:

(202) 606–8536.

SUPPLEMENTARY INFORMATION: The

Museum and Library Services Act of

1996, set forth as 20 U.S.C. 961 et seq.,

expanded the functions of the Institute

of Museum Services to create a new

agency, The Institute of Museum and

Library Services. The Institute, like its

sister agencies The National Foundation

on the Arts and the Humanities, is a

subdivision of the National Foundation

on the Arts and the Humanities.

The National Foundation on the Arts

and the Humanities regulations

governing nondiscrimination in

federally assisted programs and

implementing Title VI of the Civil

Rights Act of 1964, are set forth in 45

CFR Part 1110. This rule conforms these

regulations to the Museum and Library

Services Act of 1996, by incorporating

the new name of the agency into the

regulations’ provisions.

The National Foundation on the Arts

and the Humanities considers this rule

to be a technical amendment which is

exempt from notice-and-comment under

5 U.S.C. 553(b)(3)(A). This rule is not a

significant rule for purposes of

Executive Order 12866 and has not been

reviewed by the Office of Management

and Budget. As required by the

Regulatory Flexibility Act, The

Foundation certifies that these

regulatory amendments will not have a

significant impact on small business

entities.

List of Subjects in 45 CFR Part 1110

Civil rights.

For the reasons stated in the summary

and pursuant to 20 U.S.C. 961 et seq.,

45 CFR, Chapter XI, Part 1110 is

amended as follows:
66826 Federal Register / Vol. 62, No. 245 / Monday, December 22, 1997 / Rules and Regulations

PART 1110—NONDISCRIMINATION IN

FEDERALLY ASSISTED PROGRAMS

1. The authorities citation continues

to read as follows:

Authority: Sec. 602, 78 Stat. 252 and sec.

10(a)(1), 79 Stat. 852.

2. Revise § 1110.1 to read as follows:

§ 1110.1 Purpose.

The purpose of this part is to

effectuate the provisions of title VI of

the Civil Rights Act of 1964 (hereafter

referred to as the ‘‘Act’’), 42 U.S.C.

2000d et seq., to the end that no person

in the United States shall, on the ground

of race, color, or national origin, be

excluded from participation in, be

denied the benefits of, or be otherwise

subjected to discrimination under any

program or activity receiving Federal

financial assistance from the National

Endowment for the Arts, the National

Endowment for the Humanities, or the

Institute of Museum and Library

Services.

3. Revise the first sentence of § 1110.2

to read as follows:

§ 1110.2 Application of part.

This part applies to any program for

which Federal financial assistance is

authorized under a law administered by

the National Endowment for the Arts,

the National Endowment for

Humanities, or the Institute of Museum

and Library Services, including the

federally assisted programs and

activities listed in appendix A of this

part. * * *

4. Amend § 1110.13 by revising

paragraphs (a), (b), and (c) to read as

follows:

§ 1110.13 Definitions.

* * * * *

(a) The term Foundation means the

National Foundations for the Arts and

the Humanities, and includes the

National Endowment for the Arts, the

National Endowment for the

Humanities, the Institute of Museum

and Library Services, and each of their

organizational units.

(b) The term Endowment means the

National Endowment for the Arts, the

National Endowment for the

Humanities, or the Institute of Museum

and Library Services.

(c) The term Chairman means the

Chairman of the National Endowment

for the Arts, the Chairman of the

National Endowment for the

Humanities, or the Director of the

Institute of Museum and Library

Services.

* * * * *

Dated: December 16, 1997.

Michael S. Shapiro,

General Counsel, National Endowment for the

Humanities.

Karen Christensen,

General Counsel, National Endowment for the

Arts.

[FR Doc. 97–33303 Filed 12–19–97; 8:45 am]

BILLING CODE 7036–01–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–145; RM–9091]

Radio Broadcasting Services; Glen

Rose and Stamford, TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Cleburne Radio, Inc,

substitutes Channel 221C1 for Channel

221C2 at Glen Rose and modifies the

license of Station KCLE–FM to specify

operation on the higher powered

channel. To accommodate the upgrade

at Glen Rose, the Commission also

substitutes Channel 295A for Channel

221C2 at Stamford, Texas, and modifies

the construction permit of M & M

Broadcasting Company to specify the

Class A channel. See 62 FR 36250, July

7, 1997. Channel 221C1 and Channel

295A can be allotted to Glen Rose and

Stamford, respectively, in compliance

with the Commission’s minimum

distance separation requirements. The

coordinates for Channel 221C1 at Glen

Rose are 32–16–30 and 98–08–30. The

coordinates for Channel 295A at

Stamford are 32–58–21 and 99–48–32.

With this action, this proceeding is

terminated.

EFFECTIVE DATE: January 26, 1998.

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. 97–145,

adopted November 26, 1997, and

released December 12, 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, 1231 20th Street, NW,

Washington, DC 20036.

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: 47 U.S.C. 154, 303, 334, 336.

§ 73.202 [Amended]

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

Allotments under Texas, is amended by

removing Channel 221C2 and adding

Channel 221C1 at Glen Rose; by

removing Channel 221A and adding

Channel 295A at Stamford.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–33185 Filed 12–19–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF DEFENSE

Department of the Navy

48 CFR Part 5231

Department of the Navy Acquisition

Regulations; Shipbuilding Capability

Preservation Agreements

AGENCY: Department of the Navy, DoD

ACTION: Interim rule with request for

comments.

SUMMARY: The Deputy for Acquisition

and Business Management, Office of the

Assistant Secretary of the Navy

(Research, Development and

Acquisition), has issued an interim rule

amending the Navy Acquisition

Regulations to permit the Department of

the Navy (DoN) to enter into a

shipbuilding capability preservation

agreement with a shipbuilder where it

would facilitate the achievement of the

policy objectives set forth in section

2501(b) of title 10, United States Code.

DATES: Effective Date: December 22,

1997.

Comment date: Comments on the

interim rule should be submitted in

writing to the address shown below on

or before February 20, 1998, in order to

be considered in formulation of the final

rule.

ADDRESSES: Interested parties should

submit written comments to Department

of the Navy, Office of the Assistant

Secretary of the Navy, Acquisition and

Business Management, Attn: Mr.

Clarence Belton, ABM–P&R, 2211 South