66294 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations

IV. EPA Rulemaking Action

The EPA is approving, through final

rulemaking action, Illinois’ 15 percent

ROP and 3 percent contingency plan SIP

revisions for the Chicago and Metro-East

St. Louis ozone nonattainment areas,

and the Metro East St. Louis TCM work

trip reductions; transit improvements;

and traffic flow improvements.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

V. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866 review.

B. Regulatory Flexibility

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 Act 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, the

Administrator certifies 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 Act, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of the State action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. EPA., 427

U.S. 246, 256–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, EPA must

undertake various actions in association

with 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. 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 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 Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by February 17, 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, Hydrocarbons,

Intergovernmental relations, Ozone.

Dated: December 5, 1997.

Michelle D. Jordan,

Acting Regional Administrator.

For the reasons stated in the

preamble, 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 O—Illinois

2. Section 52.726 is amended by

adding paragraphs (p), (q), and (r) to

read as follows:

§ 52.726 Control Strategy: Ozone.

* * * * *

(p) Approval—On November 15,

1993, Illinois submitted 15 percent rateof-progress and 3 percent contingency

plans for the Chicago ozone

nonattainment area as a requested

revision to the Illinois State

Implementation Plan. These plans

satisfy sections 182(b)(1), 172(c)(9), and

182(c)(9) of the Clean Air Act, as

amended in 1990.

(q) Approval—On November 15, 1993,

Illinois submitted 15 percent rate-ofprogress and 3 percent contingency

plans for the Metro-East St. Louis ozone

nonattainment area as a requested

revision to the Illinois State

Implementation Plan. These plans

satisfy sections 182(b)(1) and 172(c)(9)

of the Clean Air Act, as amended in

1990.

(r) Approval—On November 15, 1993,

Illinois submitted the following

transportation control measures as part

of the 15 percent rate-of-progress and 3

percent contingency plans for the

Metro-East ozone nonattainment area:

Work trip reductions; transit

improvements; and traffic flow

improvements.

[FR Doc. 97–32641 Filed 12–17–97; 8:45 am]

BILLING CODE 6560–50–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–195; RM–9126]

Radio Broadcasting Services; Haiku,

HI

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

293C to Haiku, Hawaii, as that

community’s first local FM transmission

service, in response to a petition for rule

making filed on behalf of Native

Hawaiian Broadcasting. See 62 FR

47786, September 11, 1997. Coordinates

used for Channel 293C at Haiku,

Hawaii, are 20–55–03 and 156–19–33.

With this action, the proceeding is

terminated.

DATES: Effective January 26, 1998. A

filing window for Channel 293C at

Haiku, Hawaii, will not be opened at

this time. Instead, the issue of opening

a filing window for this channel will be

addressed by the Commission in a

subsequent Order.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180. Questions related to the

window application filing process
Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations 66295

should be addressed to the Audio

Services Division, (202) 418–2700.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–195,

adopted December 3, 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’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.

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 Hawaii, is amended

by adding Haiku, Channel 293C.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–33047 Filed 12–17–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–193; RM–9125]

Radio Broadcasting Services;

Kaunakakai, HI

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

272C to Kaunakakai, Hawaii, as that

community’s first local aural

transmission service, in response to a

petition for rule making filed on behalf

of Native Hawaiian Broadcasting. See 62

FR 47406, September 9, 1997.

Coordinates used for Channel 272C at

Kaunakakai, Hawaii, are 21–05–30 and

157–01–24. With this action, the

proceeding is terminated.

DATES: Effective January 26, 1998. A

filing window for Channel 272C at

Kaunakakai, Hawaii, will not be opened

at this time. Instead, the issue of

opening a filing window for this

channel will be addressed by the

Commission in a subsequent Order.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180. Questions related to the

window application filing process

should be addressed to the Audio

Services Division, (202) 418–2700.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–193,

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’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.

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 Hawaii, is amended

by adding Kaunakakai, Channel 272C.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–33045 Filed 12–17–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AD28

Endangered and Threatened Wildlife

and Plants; Final Rule To List Three

Aquatic Invertebrates in Comal and

Hays Counties, TX, as Endangered

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The Fish and Wildlife Service

(Service) determines three aquatic

invertebrate species known only from

Comal and Hays counties, Texas, to be

endangered species under the

Endangered Species Act of 1973, as

amended (Act). The invertebrates to be

listed are Peck’s cave amphipod

(Stygobromus pecki), Comal Springs

riffle beetle (Heterelmis comalensis),

and Comal Springs dryopid beetle

(Stygoparnus comalensis). The primary

threat to these species is a decrease in

water quantity and quality as a result of

water withdrawal and other human

activities throughout the San Antonio

segment of the Edwards Aquifer. This

action implements Federal protection

provided by the Act for these three

invertebrates.

EFFECTIVE DATE: January 20, 1998.

ADDRESSES: The complete file for this

rule is available for inspection, by

appointment, during normal business

hours at the Ecological Services Field

Office, U.S. Fish and Wildlife Service,

10711 Burnet Road, Suite 200, Austin,

Texas 78758.

FOR FURTHER INFORMATION CONTACT:

Ruth Stanford, Ecologist (see ADDRESSES

section) (512/490–0057; facsimile (512/

490–0974).

SUPPLEMENTARY INFORMATION:

Background

The Service designates Peck’s cave

amphipod (Stygobromus pecki), Comal

Springs riffle beetle (Heterelmis

comalensis), and Comal Springs dryopid

beetle (Stygoparnus comalensis) as

endangered under the authority of the

Act (16 U.S.C. 1531 et seq.). These three

aquatic invertebrate species are

restricted in distribution to spring sites

in Comal and Hays counties, Texas, and

in the case of Peck’s cave amphipod and

Comal Springs dryopid beetle, the

associated aquifer. Peck’s cave

amphipod is known from Comal Springs

and Hueco Springs, both in Comal

County. The Comal Springs riffle beetle

is known from Comal Springs and San

Marcos Springs (Hays County). The

Comal Springs dryopid beetle is known

from Comal Springs and Fern Bank

Springs (Hays County).

The water flowing out of each of these

spring orifices comes from the Edwards

Aquifer (Balcones Fault Zone—San

Antonio Region), which extends from

Hays County west to Kinney County.

Comal Springs are located in Landa

Park, which is owned and operated by

the City of New Braunfels, and on

private property adjacent to Landa Park.

Hueco Springs and Fern Bank Springs

are located on private property. The San

Marcos Springs are located on the

property of Southwest Texas State

University.