Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 /Rules and Regulations 24453

This final rule only amends the

effective date of the underlying rule; it

does not amend any substantive

requirements contained in the rule.

Accordingly, to the extent it is available,

judicial review is limited to the

amended effective date.

Dated: April 22, 1998.

Carol Browner,

Administrator.

[FR Doc. 98–11553 Filed 5–1–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–5982–1]

Technical Correction to Heading of

Federal Register Publication

Announcing Final Authorization of

Revisions to Arizona Hazardous Waste

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Technical correction.

SUMMARY: On March 7, 1997 (62 FR

10464), EPA published an immediate

final rule concerning authorization of

revisions to Arizona’s hazardous waste

management program under the

Resource Conservation and Recovery

Act (RCRA). The title to the Federal

Register publication announcing the

rule mistakenly referred to Nevada

instead of Arizona. The purpose of this

document is to correct this title.

EFFECTIVE DATE: This correction is

effective on May 4, 1998.

FOR FURTHER INFORMATION CONTACT:

Lisa McClain-Vanderpool, U.S. EPA

Region IX (WST–3) 75 Hawthorne

Street, San Francisco, CA 94105,

telephone: (415) 744–2086.

SUPPLEMENTARY INFORMATION:

I. Background

Section 553 of the Administrative

Procedure Act (5 U.S.C. 553(b)(B))

provides that when an agency for good

cause finds that notice and public

procedure are impracticable,

unnecessary, or contrary to the public

interest, an agency may issue a rule

without providing notice and an

opportunity for public comment. EPA

has determined that there is good cause

for making today’s technical correction

final without prior proposal and

opportunity for comment because (1)

the correction creates no new regulatory

requirements, and (2) interested persons

have already been put on notice of the

error by a March 21, 1997, Federal

Register publication (62 FR 13540)

correcting the error and extending the

effective date of the March 7, 1997, rule

(the March 21, 1997 rule did not take

effect, however, because EPA did not

submit the rule to Congress as required

by section 801 of the Congressional

Review Act). For the same reasons, EPA

finds that good cause exists to provide

for an immediate effective date of this

correction pursuant to 5 U.S.C. 553(d)(1)

and 802.

II. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

is therefore not subject to review by the

Office of Management and Budget. In

addition, this action does not impose

any enforceable duty or contain any

unfunded mandate as describe in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 18, 1993), or involve

special consideration of environmental

justice issues as required by Executive

Order 12808 (59 FR 7629, February 16,

1994). Because this action is not subject

to notice-and-comment requirements

under the Administrative Procedure Act

or any other statute, it is not subject to

the regulatory flexibility provisions of

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.). EPA’s compliance with

these statutes and Executive Orders for

the underlying rule is discussed in the

March 7, 1997, Federal Register

document.

Pursuant to 5 U.S.C. 801(a)(1)(A), as

added by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

will submit 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; however, in accordance with 5

U.S.C. 808(2), this technical correction

is effective on May 4, 1998. This

correction is not a ‘‘major rule’’ as

defined in 5 U.S.C. 804(2).

This rule only corrects the title to the

March 21, 1997, Federal Register

publication; it does not amend any

substantive requirements contained in

the rule. Under these circumstances, it

is EPA’s view that, to the extent it is

available, any judicial review would be

limited to this correction.

Dated: April 22, 1998.

Carol Browner,

Administrator.

[FR Doc. 98–11558 Filed 5–1–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 281

[FRL–5981–2]

Technical Amendments to District of

Columbia; Final Approval of State

Underground Storage Tank Program;

Correction of Effective Date Under

Congressional Review Act (CRA)

AGENCY: Enviornmental Protection

Agency (EPA).

ACTION: Notice of final determination on

the District of Columbia’s application

for program approval; correction of

effective date under CRA.

SUMMARY: On July 9, 1997 (62 FR

36698), the Environmental Protection

Agency published in the Federal

Register a notice of final determination

on the District of Columbia’s application

for program approval concerning the

District of Columbia’s application for

approval of its underground storage tank

program under Subtitle I of the Resource

Conservation and Recovery Act (RCRA),

which established an effective date of

August 8, 1997. This document corrects

the effective date of the rule to May 4,

1998 to be consistent with sections 801

and 808 of the Congressional Review

Act (CRA), enacted as part of the Small

Business Regulatory Enforcement

Fairness Act, 5 U.S.C. 801 and 808.

EFFECTIVE DATE: This rule is effective on

May 4, 1998.

FOR FURTHER INFORMATION CONTACT:

Barbara Hostage, Office of Solid Waste

and Emergency Response at (202) 260–

7979.

SUPPLEMENTARY INFORMATION:

I. Background

Section 801 of the CRA precludes a

rule from taking effect until the agency

promulgating the rule submits a rule

report, which includes a copy of the

rule, to each House of Congress and to

the Comptroller General of the General

Accounting Office (GAO). EPA recently

discovered that it had inadvertently

failed to submit the above rule as

required; thus, although the rule was

promulgated on the date stated in the

July 9, 1997, Federal Register

document, by operation of law, the July

9, 1997, rule did not take effect on

August 8, 1997, as stated therein. Now

that EPA has discovered its error, the

rule has been submitted to both Houses

of Congress and the GAO. This

document amends the effective date of

the rule consistent with the provisions

of the CRA.

Section 553 of the Administrative

Procedure Act, 5 U.S.C. 533(b)(B),
24454 Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 /Rules and Regulations

provides that, when an agency for good

cause finds that notice and public

procedure are impracticable,

unnecessary or contrary to the public

interest, an agency may issue a rule

without providing notice and an

opportunity for public comment. EPA

has determined that there is good cause

for making today’s rule final without

prior proposal and opportunity for

comment because EPA merely is

correcting the effective date of the

promulgated rule to be consistent with

the congressional review requirements

of the Congressional Review Act as a

matter of law and has no discretion in

this matter. Thus, notice and public

procedure are unnecessary. The Agency

finds that this constitutes good cause

under 5 U.S.C. 553(b)(B). Moreover,

since today’s action does not create any

new regulatory requirements and

affected parties have known of the

underlying rule since July 9, 1997, EPA

finds that good cause exists to provide

for an immediate effective date pursuant

to 5 U.S.C. 553(d)(3) and 808(2).

Because the delay in the effective date

was caused by EPA’s inadvertent failure

to submit the rule under the CRA, EPA

does not believe that affected entities

that acted in good faith relying upon the

effective date stated in the July 9, 1997,

Federal Register should be penalized if

they were complying with the rule as

promulgated.

II. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

is therefore not subject to review by the

Office of Management and Budget. In

addition, this action does not impose

any enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or involve

special consideration of environmental

justice related issues under Executive

Order 12898 (59 FR 7629, February 16,

1994). Because this action is not subject

to notice-and-comment requirements

under the Administrative Procedure Act

or any other statute, it is not subject to

the regulatory flexibility provisions of

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.). EPA’s compliance with

these statutes and Executive Orders for

the underlying rule is discussed in the

July 9, 1997, Federal Register

document.

Pursuant to 5 U.S.C. 801(a)(1)(A), as

added by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

will submit 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; however, in accordance with 5

U.S.C. 808(2), this rule is effective on

May 4, 1998. This rule is not a ‘‘major

rule’’ as defined in 5 U.S.C. 804(2).

This final rule only amends the

effective date of the underlying rule; it

does not amend any substantive

requirements contained in the rule.

Accordingly, to the extent it is available,

judicial review is limited to the

amended effective date.

Dated: April 22, 1998.

Carol Browner,

Administrator.

[FR Doc. 98–11543 Filed 5–1–98; 8:45 am]

BILLING CODE 6560–50–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–223; RM–9014]

Radio Broadcasting Services;

Ashdown and DeQueen, AR

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In response to a petition for

rule making filed jointly on behalf of

Bunyard Partnership, Jay W. Bunyard

and Anne W. Bunyard, this document

substitutes Channel 227C3 for Channel

221A at Ashdown, Arkansas, and

modifies the license of Bunyard

Partnership for Station KARQ(FM), as

requested. Additionally, to

accommodate the modification at

Ashdown, Channel 221C2 is substituted

for Channel 226C2 at DeQueen,

Arkansas, and the license of Jay W.

Bunyard and Anne W. Bunyard for

Station KDQN-FM is modified

accordingly. As the petitioners’

modification request was filed pursuant

to the provisions of Section 1.420(g)(3)

of the Commission’s Rules, competing

expressions of interest for Channel

227C3 at Ashdown were not permitted.

See 62 FR 58936, October 31, 1997.

Coordinates for Channel 227C3 at

Ashdown, Arkansas, are 33–40–22 and

94–11–02; coordinates for Channel

221C2 at DeQueen, Arkansas, are 34–

13–35 and 94–17–35. With this action,

the proceeding is terminated.

EFFECTIVE DATE: June 8, 1998.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 97–223,

adopted April 15, 1998, and released

April 24, 1998. 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:

47 CFR Part 73—[AMENDED]

1. The authority citation for part 73

reads 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 Arkansas is amended

by removing Channel 221A and adding

Channel 227C3 at Ashdown.

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

Allotments under Arkansas is amended

by removing Channel 226C2 and adding

Channel 221C2 at DeQueen.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–11738 Filed 5–1–98; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 393

[FHWA Docket No. MC–94–31; FHWA–97–

2318]

RIN 2125–AD42

Parts and Accessories Necessary for

Safe Operation; Antilock Brake

Systems

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Final rule.

SUMMARY: The FHWA is amending the

Federal Motor Carrier Safety

Regulations (FMCSRs) to require that

air-braked truck tractors manufactured

on or after March 1, 1997, and airbraked single-unit trucks, buses, trailers,