Federal Register / Vol. 63, No. 19 /Thursday, January 29, 1998 /Rules and Regulations 4397

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 provisions of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.)

Under 5 U.S.C. 801(a)(1)(A) as added 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 this rule in

today’s 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, Carbon monoxide,

Conformity, Hydrocarbons, Nitrogen

dioxide, Ozone.

Dated: January 14, 1998.

Lynda F. Carroll,

Acting Regional Administrator, Region 6.

In rule FR Doc. 97–30376, published

on November 19, 1997 (62 FR 61633),

make the following correction:

1. On page 61634, in the third

column, the amendatory instruction is

corrected to read as follows:

2. Section 52.996 is added to read as

follows:

2. In the text, the section number is

changed from 52.994 to 52.996.

[FR Doc. 98–2087 Filed 1–28–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5954–1]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of partial deletion of the

Prewitt Abandoned Refinery Superfund

Site from the National Priorities List.

SUMMARY: The United States

Environmental Protection Agency (EPA)

Region 6 announces the deletion of the

surface portion of the Prewitt

Abandoned Refinery Superfund Site

(the Site) from the National Priorities

List (NPL). The NPL, promulgated

pursuant to section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) of 1980, as amended, 42

U.S.C. 9605, is codified at Appendix B

of the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP), 40 CFR part 300. This partial

deletion is consistent with the EPA’s

Notice of Policy Change: Policy

Regarding Partial Deletion of Sites

Listed on the National Priorities List. 60

FR 55466 (November 1, 1995). This

partial deletion pertains to the surface

portion, which includes all surface

soils, and also includes the former

separator area. This partial deletion

does not pertain to the subsurface

portion of the Site including without

limitation ground water and subsurface

soils. The subsurface portion of the Site

will remain on the NPL, and response

activities will continue at that portion.

With the concurrence of the State of

New Mexico through the New Mexico

Environment Department (NMED), and

with the concurrence of the Navajo

Nation through the Navajo Nation

Superfund Office (NSO), the EPA has

determined that responsible parties

have implemented all appropriate

response actions required at the surface

portion of the Site (neither the CERCLArequired five-year reviews, nor

operation and maintenance of the

constructed remedy is considered

further response action for these

purposes), that all appropriate

Hazardous Substance Response Trust

Fund (Fund) financed response actions

under CERCLA have been implemented

at the surface portion of the Site, and

that no further response action by

responsible parties is appropriate for the

surface portion of the Site. Moreover,

the EPA, with State of New Mexico

concurrence through the NMED, and

with Navajo Nation concurrence

through the NSO, has determined that

Site investigations show that the surface

portion of the Site now poses no

significant threat to public health or the

environment; consequently, pursuant to

CERCLA section 105, and 40 CFR

300.425(e), the surface portion of the

Site is hereby deleted from the NPL.

EFFECTIVE DATE: January 29, 1998.

FOR FURTHER INFORMATION CONTACT: Greg

J. Lyssy, Remedial Project Manager,

(214) 665–8317, United States

Environmental Protection Agency,

Region 6, Mail Code: 6SF–LT, 1445 Ross

Avenue, Dallas, Texas 75202.

Information on the Site is available at

the local information repository located

at: Prewitt Fire House, PO Box 472,

Prewitt, New Mexico 87045, (505) 876–

4068. Requests for comprehensive

copies of documents should be directed

formally to the Regional Superfund

Management Branch, care of Steve

Wyman, (214) 665–2792, EPA Region 6,

Mail Code: 6SF–PO, 1445 Ross Avenue,

Dallas, Texas 75202.

SUPPLEMENTARY INFORMATION: The site to

be partially deleted from the NPL is the

Prewitt Abandoned Refinery Superfund

Site located near the town of Prewitt, in

McKinley County, New Mexico. This

partial deletion pertains to the surface

portion of the Site, which consists of all

surface soils and the former separator

area. This partial deletion does not

pertain to the subsurface portion of the

Site including without limitation

ground water and subsurface soils. This

Partial Deletion is in accordance with 40

CFR 300.425(e) and the Notice of Policy

Change: Partial Deletion of Sites Listed

on the National Priorities List, 60 FR

55466 (Nov. 1, 1995). A Notice of Intent

for Partial Deletion was published on

October 6, 1997 (62 FR 52074). The

closing date for comments on the Notice

of Intent for Partial Deletion was

November 5, 1997. The EPA received

two comment letters, both of which

supported the partial deletion.

The EPA identifies sites which appear

to present a significant risk to public

health, welfare, or the environment and

it maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of Fund-financed remedial

actions. Section 300.425(e)(3) of the

NCP, 40 CFR 300.425(e)(3), states that

Fund-financed actions may be taken at

sites deleted from the NPL in the

unlikely event that conditions at the site

warrant such action. Deletion of a site

from the NPL does not affect responsible

party liability or impede EPA efforts to

recover costs associated with response

efforts.

Lists of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: January 8, 1998.

Lynda F. Carroll,

Acting Regional Administrator (6RA), Region

6.

For the reasons set out in the

preamble, 40 CFR part 300 is amended

as follows:

PART 300—[AMENDED]

1. The authority citation for Part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR

1991 Comp., p. 351; E.O. 12580, 52 FR 2923,

3 CFR 1987 Comp., p. 193.
4398 Federal Register / Vol. 63, No. 19 /Thursday, January 29, 1998 /Rules and Regulations

2. Table 1 of Appendix B to part 300

is amended by revising the entry for

‘‘Prewitt Abandoned Refinery’’ by

adding a note ‘‘P’’ so that it reads as

follows:

Appendix B—[Amended]

Appendix B—[Amended]

TABLE 1.—GENERAL SUPERFUND SECTION

State Site Name City/county Notes (a)

* * * * * * *

NM ......................................... Prewitt Abandoned Refinery ............................................................... Prewitt .................................. P

* * * * * * *

* * * * * * *

P=Sites with partial deletion(s).

* * * * * * *

[FR Doc. 98–1915 Filed 1–28–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No.95–74; RM–8579, RM–8690]

Radio Broadcasting Services;

Benavides, Bruni, and Rio Grande City,

TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission denies a

petition for rule making filed by

Benavides Communications requesting

the reallotment of Channel 299C2 from

Benavides to Bruni, Texas; the allotment

of Channel 254A at Benavides; and the

modification of Station KXTM–FM’s

authorization to specify Bruni as its

community of license. See 60 FR 29817,

June 6, 1995. The proposed reallotment

was denied because granting Sound

Investments’ counterproposal would

provide first and second aural reception

service to a greater number of people. In

response to a counterproposal filed by

Sound Investments unlimited, Inc.(RM–

8690), the Commission substitutes

Channel 298C2 for Channel 276A at Rio

Grande City, Texas, and modifies

Station KCTM–FM’s license in

accordance with Section 1.420(g) of the

Commission’s Rules. Channel 298C2

can be allotted to Rio Grande City in

compliance with the Commission’s

minimum distance separation

requirements at coordinates 26–22–42

NL and 98–48–48 WL. Mexican

concurrence has been obtained for this

allotment as a specially negotiated

short-spaced, limited allotment since

Rio Grande City is located within 320

kilometers (200 miles) of the U.S.-

Mexican border. With this action, this

proceeding is terminated.

EFFECTIVE DATE: March 9, 1998.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, 202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 95–74,

adopted January 14, 1998, and released

January 23, 1998. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC 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, 1231 20th

Street, NW, Washington, DC 20036.

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:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read 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 Texas, is amended by

removing Channel 276A and adding

Channel 298C2 at Rio Grande City.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–2194 Filed 1–28–98; 8:45 am]

BILLING CODE 6712–01–P