34602 Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements, unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions. This

final rule will not have a significant

impact on a substantial number of small

entities.

SIP approvals under section 110 and

subchapter I, Part D of the CAA do not

create any new requirements but simply

approve requirements that the state is

already imposing. Therefore, because

the Federal SIP approval does not create

any new requirements, I certify that this

action will not have a significant

economic impact on a substantial

number of small entities. Moreover, due

to the nature of the Federal-state

relationship under the CAA, preparation

of flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The CAA

forbids the EPA to base its actions

concerning SIPs on such grounds

(Union Electric Co. v. U.S. E.P.A., 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

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, the EPA

must prepare a budgetary impact

statement to accompany 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.

Under section 205, the 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 the EPA to

establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

The EPA has determined that the

approval action promulgated does not

include a Federal mandate that may

result in estimated 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 preexisting 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.

D. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. The 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 United States prior to

publication of the rule in the 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 CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by August 24, 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, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides, Volatile organic compounds.

Dated: May 26, 1998.

William Rice,

Acting Regional Administrator, Region VII.

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 et seq.

Subpart Q—Iowa

2. Section 52.820 is amended by

adding paragraph (c)(67) to read as

follows:

§ 52.820 Identification of plan.

* * * * *

(c) * * *

(67) In correspondence dated October

21, 1997, and January 21, 1998, the

Director of the Iowa Department of

Natural Resources submitted revisions

to the State Implementation Plan.

(i) Incorporation by reference.

(A) ‘‘Iowa Administrative Code’’

sections 567–22.8(1) ‘‘b,’’ ‘‘c,’’ and ‘‘e,’’

567–22.203(1) ‘‘a,’’ 567–22.300, 567–

22.300(1) throu gh 567–22.300(11), 567–

23.3(2) ‘‘d,’’ and 567–29.1, effective June

12, 1996.

(B) ‘‘Iowa Administrative Code’’

section 567–20.2, effective October 16,

1996.

(C) ‘‘Iowa Administrative Code’’

sections 567–22.300(4) ‘‘b’’(1), 567–

22.300(8) ‘‘a’’(1), and 567–22.300(8)

‘‘b’’(2), effective December 25, 1996.

(D) ‘‘Iowa Administrative Code’’

sections 567–20.2, 567–22.2(1), 567–

22.201(1) ‘‘a,’’ 567–22.201(2) ‘‘b,’’ 567–

22.202, 567–22.203(1), 567–22.300(3)

‘‘b’’ and ‘‘c,’’ 567–22.300(8) ‘‘a,’’

effective May 14, 1997.

(ii) Additional material.

(A) ‘‘Iowa Administrative Code’’

section 567–23.1(5), Calculation of

emission limitations based upon stack

height, was renumbered to section 567–

23.1(6), effective August 20, 1997.

[FR Doc. 98–16797 Filed 6–24–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[WA61–7136, WA64–7139; FRL–6110–7]

Approval and Promulgation of State

Implementation Plans: Washington;

Correcting Amendments

AGENCY: Environmental Protection

Agency.

ACTION: Final rule; correcting

amendments.

SUMMARY: This action corrects a

paragraph numbering error in the

Identification of Plan section found in

the Washington State Implementation

Plan (SIP) revision published on August

6, 1997.

EFFECTIVE DATE: June 25, 1998.

ADDRESSES: Copies of the State’s request

and other information supporting this

proposed action are available for

inspection during normal business

hours at the following locations:

Environmental Protection Agency

(EPA), Office of Air Quality (OAQ–107),

1200 Sixth Avenue, Seattle, Washington

98101, and the State of Washington,

Department of Ecology, 300 Desmond

Drive, Lacey, WA 98503.
Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations 34603

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center, EPA,

401 M Street, SW, Washington, D.C.

20460, as well as the above addresses.

FOR FURTHER INFORMATION CONTACT:

Christine Lemme ́, Office of Air Quality

(OAQ–107), EPA, Seattle, Washington,

(206) 553–0977.

SUPPLEMENTARY INFORMATION:

Background

On August 6, 1997 (62 FR 42216),

EPA approved several minor revisions

to the Washington State Implementation

Plan (SIP) which revised certain

regulations of the Puget Sound Air

Pollution Control Agency (PSAPCA). An

error occurred in the paragraph number

cited in the Identification of Plan

section. The incorrect paragraph

number published was (73), this action

corrects the paragraph number to (74).

Administrative Requirements

Under Executive Order (E.O.) 12866,

Regulatory Planning and Review (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 as required by

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, is not subject to the

regulatory flexibility provisions of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.).

The final rule is not subject to E.O.

13045, entitled ‘‘Protection of Children

from Environmental Health Risks and

Safety Risks,’’ because it is not an

‘‘economically significant’’ action under

E.O. 12866.

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. 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 United

States prior to publication of the rule in

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

List of subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Fees, Incorporation by

reference, Reporting and recordkeeping

requirements.

Note: Incorporation by reference of the

Implementation Plan for the State of

Washington was approved by the Director of

the Office of Federal Register on July 1, 1982.

Dated: June 5, 1998.

Chuck Findley,

Acting Regional Administrator, Region X.

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 et seq.

2. Section 52.2470 is amended by

adding paragraph (c) (74) to read as

follows:

Subpart WW—Washington

§ 52–2470 Identification of plan.

* * * * *

(c) * * *

(74) On November 26, 1996 and April

7, 1997, the Director of the Washington

State Department of Ecology

(Washington) submitted to the Regional

Administration of EPA revisions to the

State Implementation Plan consisting of

minor amendments to Puget Sound Air

Pollution Control Agency (PSAPCA)

Regulations I and III.

(i) Incorporation by reference.

(A) PSAPCA Regulations approved—

Regulation I, Sections 3.11, 3.23, 5.02,

5.05, 5.07, 6.03, 7.09—State-adopted 9/

12/96. Regulation III, Section 4.03—

State-adopted 9/12/96. Regulation I,

Sections 5.03 and 6.04—State-adopted

12/12/96. Regulation III, Sections 1.11,

2.01 and 2.05—State-adopted 12/12/96.

[FR Doc. 98–16795 Filed 6–24–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 53

[CC Docket No. 96–149; FCC 96–489]

Non-Accounting Safeguards;

Correction

AGENCY: Federal Communications

Commission

ACTION: Correcting amendments.

SUMMARY: This document contains a

corrections to a final regulation in

Implementation of Non-Accounting

Safeguards of Section 271 and 272 of

the Communications Act of 1934, as

Amended that was published in the

Federal Register of January 21, 1997,

(62 FR 2927). The regulation related to

the definition of a successor or assign of

a Bell operating company.

EFFECTIVE DATES: June 25, 1998.

FOR FURTHER INFORMATION CONTACT: Lisa

Choi, Common Carrier Bureau, (202)

418–1384.

SUPPLEMENTARY INFORMATION:

Background

On June 10, 1998, the Common

Carrier Bureau released an erratum to

the First Report and Order and Further

Notice of Proposed Rulemaking, DA 98–

1107, in CC Docket No. 96–149. This

correction reflects the change included

in that erratum. The full text of the

erratum is available for inspection and

copying during normal business hours

in the FCC Reference Center (Room

239), 1919 M. St., NW, Washington, DC.

Need for Correction

As published, the final regulation

contains language that could be

misleading.

List of Subjects in 47 CFR Part 53

General information, Bell operating

company entry into InterLATA services,

Separate affiliate, Safeguards,

Manufacturing by Bell operating

companies, Electronic publishing by

Bell operating companies, Alarm

monitoring services.

Accordingly, 47 CFR part 53 is

corrected by making the following

correcting amendment:

PART 53—SPECIAL PROVISIONS

CONCERNING BELL OPERATING

COMPANIES

1. The authority citation for part 53

continues to read as follows:

Authority: Sections 1–5, 7, 201–05, 218,

251, 253, 271–75, 48 Stat. 1070, as amended,

1077; 47 U.S.C. §§ 151–55, 157, 201–05, 218,

251, 253, 271–75, unless otherwise noted.