Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Proposed Rules 17771

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from E.O. 12866

review.

Regulatory Flexibility Act

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.

State Implementation Plan 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

State Implementation Plan approval

does not impose any new requirements,

EPA 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 state

action. The Act forbids EPA to base its

actions concerning State

Implementation Plans on such grounds.

Union Electric Co. v. U.S. EPA, 427 U.S.

246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

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 the approval

action proposed 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

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 to the private sector,

result from this action.

The Administrator’s decision to

approve or disapprove the State

Implementation Plan revision will be

based on whether it meets the

requirements of section 110(a)(2)(A)–(K)

and part D of the Act, as amended, and

EPA regulations in 40 CFR Part 51.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Ozone, Reporting and recordkeeping

requirements, Volatile organic

compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: April 2, 1997.

William J. Muszynski,

Deputy Regional Administrator.

[FR Doc. 97–9382 Filed 4–10–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 80

[FRL–5810–9]

Regulations of Fuels and Fuel

Additives: Reformulated Gasoline

Covered Areas Provision Modification

AGENCY: Environmental Protection

Agency.

ACTION: Notice of public hearing.

SUMMARY: This document announces the

time and place for a public hearing

regarding EPA’s proposed rule to

modify the covered areas provision of

the reformulated gasoline (RFG) rule.

The agency published this proposed

rule in the Federal Register on March

28, 1997 (See 62 FR 15077 for further

information on the proposal).

DATES: EPA will conduct a public

hearing on the proposed rule on April

18, 1997, in Washington, DC beginning

at 9:00 a.m. The hearing will continue

until all interested parties have had an

opportunity to testify. If you wish to

testify at this public hearing, contact

Karen Smith at (202) 233–9674 by April

16, 1997. If no party has contacted EPA

by that date and stated their interest in

testifying on the proposal, the hearing

with be subject to cancellation without

further notification. If you want to know

if the hearing has been canceled contact

the person named above.

ADDRESSES: The public hearing will be

held from 9:00 a.m. until its completion

at the Holiday Inn Capitol Hill, South

Ballroom, 415 New Jersey Avenue,

Washington, DC. Material relevant to

this document have been placed in

Docket A–96–30. The docket is located

at the Air Docket Section, Mail Code

6102, U.S. Environmental Protection

Agency, 401 M Street, SW, Washington

DC 20460, in room M–1500 Waterside

Mall. Documents may be inspected from

8:00 a.m. to 5:30 p.m. A reasonable fee

may be charged for copying docket

material.

Written comments should be

submitted (in duplicate) to Air Docket

Section, Mail Code 6102, U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460. A

copy should also be sent to Karen Smith

at the address listed in the FOR FURTHER

INFORMATION CONTACT section of this

notice.

FOR FURTHER INFORMATION CONTACT:

Karen Smith at U.S. Environmental

Protection Agency Office of Air and

Radiation, 401 M Street, SW (6406J),

Washington, DC 20460, (202) 233–9674.

Procedures for Public Participation

A. Comments and the Public Docket

The scope of EPA’s modification of

section 80.70(k) of the reformulated

gasoline rule is to allow states to opt

into the federal RFG program for any

area classified as marginal, moderate,

serious or severe ozone nonattainment

area as of November 15, 1990, the date

of the enactment of the Clean Air Act

Amendments of 1990, or any time later.

EPA is seeking comments on whether a

minimum lead time of up to one year

should be used in setting the effective

date and whether this should apply to

former nonattainment areas that opt-in

and/or areas that are classified as

nonattainment when they opt-in.

Persons with comments containing

propriety information must distinguish

such information from other comments

to the greatest extent and label it as

‘‘Confidential Business Information.’’ If

a person making comments wants EPA

to base the final rule in part on a

submission labeled as confidential

business information, then a nonconfidential version of the document

which summarizes the key data or

information should be placed in the

public docket. Information covered by a

claim of confidentiality will be

disclosed by EPA only to the extent

allowed by the procedures set forth in
17772 Federal Register / Vol. 62, No. 70 / Friday, April 11, 1997 / Proposed Rules

40 CFR part 2. If no claim of

confidentiality accompanies the

submission when it is received by EPA,

it may be made available to the public

without further notice to the person

making comments.

B. Public Participation

Any person desiring to present

testimony regarding this proposed rule

at the public hearing (see DATES) should

notify the contact person listed above of

such intent as soon as possible. A signup sheet will be available at the

registration table the morning of the

hearing for scheduling testimony for

those who have not notified the contact

person. This testimony will be

scheduled on a first come, first serve

basis to follow the previously scheduled

testimony.

EPA suggests that approximately 50

copies of the statement or material to be

presented be brought to the hearing for

distribution to the audience. In

addition, EPA would find it helpful to

receive an advance copy of any

statement or material to be presented at

the hearing in order to give EPA staff

adequate time to review such material

before the hearing. Such advance copies

should be submitted to the contact

person listed previously.

The official records of the hearing will

be kept open for 30 days following the

hearing to allow submission of rebuttal

and supplementary testimony. All such

submittals should be directed to the Air

Docket, Docket No. A–96–30 (see

ADDRESSES).

Mr. Charles Freed, Division Director

of the Fuels and Energy Division, Office

of Mobile Sources, is hereby designated

Presiding Officer of the hearing. The

hearing will be conducted informally

and technical rules of evidence will not

apply. Because a public hearing is

designed to give interested parties an

opportunity to participate in the

proceeding, there are no adversary

parties as such. Statements by

participants will not be subject to cross

examination by other participants. A

written transcript of the hearing will be

placed in the above docket for review.

Anyone desiring to purchase a copy of

the transcript should make individual

arrangements with the court reporter

recording the proceeding. The Presiding

Officer is authorized to strike from the

record statements which he deems

irrelevant or repetitious and to impose

reasonable limits on the duration of the

statement of any witness. EPA asks that

persons who testify attempt to limit

their testimony to ten minutes, if

possible. The Administrator will base

her decision with regard to the

modification of the covered areas of the

reformulated gasoline rule on the record

of the public hearing and on any other

relevant written submissions and other

pertinent information. This information

will be available for public inspection at

the EPA Air Docket, Docket No. A–96–

30 (see ADDRESSES).

Dated: April 8, 1997.

Mary D. Nichols,

Assistant Administrator for Air and

Radiation.

[FR Doc. 97–9518 Filed 4–10–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–110, RM–9045]

Radio Broadcasting Services;

Mansura, LA

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition by Mark A.

Zweig proposing the allotment of

Channel 240A to Mansura, Louisiana, as

the community’s first local aural

transmission service. Channel 240A can

be allotted to Mansura in compliance

with the Commission’s minimum

distance separation requirements

without the imposition of a site

restriction. The coordinates for Channel

240A at Mansura are 31–03–36 NL and

92–03–00 WL.

DATES: Comments must be filed on or

before May 27, 1997, and reply

comments on or before June 11, 1997.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Mark Zweig, P.O. Box 350,

Bunkie, Louisiana 71322 (petitioner).

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

97–110, adopted March 26, 1997, and

released April 4, 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, ITS, Inc., (202) 857–

3800, 2100 M Street, NW., Suite 140,

Washington, DC 20037.

Provisions of the Regulatory

Flexibility Act of 1980 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. 97–9440 Filed 4–10–97; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–108, RM–9024]

Radio Broadcasting Services; Riley,

KS

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition by Donald Law

proposing the allotment of Channel

242C3 to Riley, Kansas, as the

community’s first local aural

transmission service. Channel 242C3

can be allotted to Riley in compliance

with the Commission’s minimum

distance separation requirements with a

site restriction of 12.7 kilometers (7.9

miles) east in order to avoid a shortspacing conflict with the proposal (RM–

8874) to allot Channel 242C3 at Cawker

City, Kansas. The coordinates for

Channel 242C3 at Riley are 39–16–40

NL and 96–40–50 WL.

DATES: Comments must be filed on or

before May 27, 1997, and reply

comments on or before June 11, 1997.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Dan J. Alpert, Esq., 2120 N.

21st Road, Suite 400, Arlington, Virginia

22201 (Counsel for petitioner).