Federal Register / Vol. 63, No. 105 /Tuesday, June 2, 1998 /Rules and Regulations 29957

because it does not involve decisions on

environmental health or safety risks that

may disproportionately affect children.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Nitrogen dioxide, Ozone,

Reporting and recordkeeping

requirements.

Dated: May 18, 1998.

William T. Wisniewski,

Acting Regional Administrator, Region III.

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 J—District of Columbia

2. Section 52.473 is added to read as

follows:

§ 52.473 Conditional approval.

The District of Columbia’s November

25, 1997 submittal, for an enhanced

motor vehicle inspection and

maintenance (I/M) program, is

conditionally approved pending full

implementation of the program by April

30, 1999. Should the District fail to

fulfill this condition by April 30, 1999,

this conditional approval will convert to

a disapproval pursuant to CAA section

110(k). In that event, EPA would issue

a letter to notify the District that the

condition had not been met, and that

the approval had converted to a

disapproval.

[FR Doc. 98–14158 Filed 6–1–98; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IN82–2; FRL–6013–5]

Approval and Promulgation of

Implementation Plans; Indiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical

amendment.

SUMMARY: This document contains

corrections to final rules which were

published on June 26, 1997 and October

23, 1997. These revisions related to

items listed as incorporated in the

Indiana State Implementation Plan as

part of the State’s photochemical

oxidant control strategy which is

designated as § 52.777 Control strategy:

Photochemical oxidants (hydrocarbons),

Subpart P—Indiana, part 52, chapter 1,

title 40 of the Code of Federal

Regulations.

EFFECTIVE DATE: June 2, 1998.

FOR FURTHER INFORMATION CONTACT:

Randolph O. Cano at (312)886–6036.

SUPPLEMENTARY INFORMATION: On

October 23, 1997 (62 FR 55173), when

the United States Environmental

Protection Agency (EPA) approved the

addition of a 1-year extension of the

ozone attainment date in the Indiana

portion of the Louisville moderate

ozone nonattainment area which

consists of Clark and Floyd Counties,

EPA erroneously codified its approval at

40 CFR 52.777(q). Paragraph (q) had

already been utilized to codify EPA’s

June 26, 1997 (62 FR 34406), approval

of an addition to the Indiana SIP in the

form of a transportation control measure

for Vanderburgh County.

Need for Correction

This duplicate use of paragraph

52.777(q) makes citation to this

paragraph confusing and unclear as well

as imprecise. For this reason EPA is

publishing this Technical Amendment

to avoid further confusion.

Administrative Procedure Act

This action will be effective

immediately upon publication in the

Federal Register pursuant to the

Administrative Procedure Act, 5 U.S.C.

533(d)(1) and (3)(APA) for good cause.

This action which merely redesignates a

paragraph used to codify EPA’s

approval of a one-year ozone attainment

date extension for Clark and Floyd

Counties in Indiana is too minor to be

of interest to the general public. Holding

a public comment period on this action

is unnecessary. The thirty day delay of

the effective date of this action generally

required by the APA is unwarranted in

that it does not serve the public interest

to unnecessarily delay the effective date

of this action.

Executive Order 12866

Under Executive Order 12866, 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 annual costs of $100 million or

more, will not significantly or uniquely

affect small governments, and is not a

significant Federal intergovernmental

mandate. The EPA thus has no

obligations under sections 202, 203, 204

and 205 of the Unfunded Mandates

Reform Act. Moreover, since this action

is not subject to notice-and-comment

requirements under the APA or any

other statute, it is not subject to sections

603 or 604 of the Regulatory Flexability

Act.

Children’s Health Protection

This rule is not subject to E.O. 13045,

entitled ‘‘Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997),

because it does not involve decisions on

environmental health risks or safety

risks that may disproportionately affect

children.

Submission to Congress and the

General Accounting Office

Under section 801(a)(1)(A) of the

Administrative Procedure Act (APA) as

amended 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

this Federal Register. This rule is not a

‘‘major rule’’ as defined by section

804(2) of the APA as amended.

List of Subjects in 40 CFR Part 52

Environmental Protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Ozone,

Transportation control measure.

Dated: April 29, 1998.

Barry C. DeGraff,

Acting Regional Administrator.

Accordingly, part 52, chapter I, title

40 of the Code of Federal Regulations is

corrected by making the following

Technical Amendment:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 452 U.S.C. 7401 et seq.

Subpart P—Indiana

2. Section 52.777 is amended by

redesignating the second paragraph(q)

as (r).

[FR Doc. 98–14290 Filed 6–1–98; 8:45 am]

BILLING CODE 6560–50–P