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,