38756 Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 /Rules and Regulations

‘‘economically significant’’ action under

Executive Order 12866.

B. Regulatory Flexibility

The Regulatory Flexibility Act

generally requires an agency to conduct

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 September 18, 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, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: June 29, 1998

Dennis Grams, P.E.,

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 AA—Missouri

2. Section 52.1320 is amended by

adding paragraph (c)(107) to read as

follows:

§ 52.1320 Identification of plan.

* * * * *

(c) * * *

(107) New regulation for control of

volatile organic emissions from Kansas

City commercial bakeries submitted by

the Missouri Department of Natural

Resources March 13, 1996.

(i) Incorporation by reference.

(A) Rule 10 CSR 10–2.360 entitled

‘‘Control of Emissions from Bakery

Ovens,’’ effective December 30, 1995.

[FR Doc. 98–19134 Filed 7–17–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 136

Guidelines Establishing Test

Procedures for the Analysis of

Pollutants

CFR Correction

In Title 40 of the Code of Federal

Regulations, parts 136 to 149, revised as

of July 1, 1997, page 26, § 136.3(e) is

corrected in Table II by correcting the

entry in the fourth column ‘‘Maximum

holding time’’ under ‘‘metals’’ for

‘‘Mercury’’ to read ‘‘28 days’’.

BILLING CODE 1505-01-D

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

Radio Broadcasting Services; Various

Locations

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, on its own

motion, editorially amends the Table of

FM Allotments to specify the actual

classes of channels allotted to various

communities. The changes in channel

classifications have been authorized in

response to applications filed by

licensees and permittees operating on

these channels. This action is taken

pursuant to Revision of Section

73.3573(a)(1) of the Commission’s Rules

Concerning the Lower Classification of

an FM Allotment, 4 FCC Rcd 2413

(1989), and the Amendment of the

Commission’s Rules to permit FM
Federal Register / Vol. 63, No. 138 / Monday, July 20, 1998 /Rules and Regulations 38757

Channel and Class Modifications

[Upgrades] by Applications, 8 FCC Rcd

4735 (1993).

EFFECTIVE DATE: July 20, 1998.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, adopted July 1, 1998, and

released July 10, 1998. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the

Commission’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 contractors,

International Transcription Service,

Inc., 1231 20th Street, NW, Washington,

DC. 20036, (202) 857–3800, facsimile

(202) 857–3805.

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

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Florida, is amended

by removing Channel 288A and adding

Channel 288C2 at Apalachicola, by

removing Channel 253C and adding

Channel 253C1 at Crystal River, by

removing Channel 249A and adding

Channel 249C3 at Punta Rassa, and by

removing Channel 245A and adding

Channel 245C3 at Tavernier.

3. Section 73.202(b), the Table of FM

Allotments under Georgia, is amended

by removing Channel 286C3 and adding

Channel 286C2 at Blackshear.

4. Section 73.202(b), the Table of FM

Allotments under Idaho, is amended by

removing Channel 252A and adding

Channel 252C1 at McCall.

5. Section 73.202(b), the Table of FM

Allotments under Kansas, is amended

by removing Channel 277C1 and adding

Channel 277C at Hays.

6. Section 73.202(b), the Table of FM

Allotments under Louisiana, is

amended by removing Channel 264A

and adding Channel 264C3 at

Natchitoches.

7. Section 73.202(b), the Table of FM

Allotments under Missouri, is amended

by removing Channel 259A and adding

Channel 259C3 at Neosho.

8. Section 73.202(b), the Table of FM

Allotments under New Mexico, is

amended by removing Channel 268A

and adding Channel 268C1 at Gallup.

9. Section 73.202(b), the Table of FM

Allotments under Oregon, is amended

by removing Channel 233A and adding

Channel 233C at Canyon City.

10. Section 73.202(b), the Table of FM

Allotments under Texas, is amended by

removing Channel 238C and adding

Channel 238C1 at Austin, and by

removing Channel 238C and adding

Channel 239C2 at Waco.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–19302 Filed 7–17–98; 8:45 am]

BILLING CODE 6712–01–F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–239; RM–9195 and RM–

9237]

Radio Broadcasting Services;

Horseshoe Beach, FL and Otter Creek,

FL

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: Action in this document

allots Channel 240A to Otter Creek,

Florida, in response to a petition filed

by Tony Downes. See 62 FR 66323,

December 18, 1997. The coordinates for

Channel 240A at Otter Creek, Florida,

are 29–16–52 and 82–51–42. There is a

site restriction 9.8 kilometers (6.1 miles)

southwest of the community. In

response to the counterproposal filed by

Dixie County Broadcasters, we will allot

Channel 234C3 to Horseshoe Beach at

coordinates 29–26–28 and 83–17–15.

With this action, this proceeding is

terminated. A filing window for

Channel 234C3 at Horseshoe Beach,

Florida, and channel 240A at Otter

Creek, Florida, will not be opened at

this time. Instead, the issue of opening

a filing window for these channels will

be addressed by the Commission in a

subsequent order.

EFFECTIVE DATE: August 24, 1998.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 97–239,

adopted July 1, 1998, and released July

10, 1998. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’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 contractors, International

Transcription Services, Inc., 1231 20th

Street, NW., Washington, DC. 20036,

(202) 857–3800, facsimile (202) 857–

3805.

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 Florida, is amended

by adding Horseshoe Beach and

Channel 234C3 and Otter Creek and

Channel 240A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–19301 Filed 7–17–98; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 190, 191, 192, 193, 195,

and 199

[Docket No. RSPA–97–2251; Amdt Nos.

190–8; 191–13; 192–84; 193–15; 194–2; 195–

61; 198–3; 199–17]

RIN 2137–AD03

Pipeline Safety: Periodic Updates to

Pipeline Safety Regulations (1997)

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Removal of direct final rule

amendment.

SUMMARY: This document removes an

amendment in a direct final rule titled,

‘‘Periodic Updates to the Pipeline Safety

Regulations’’ (63 FR 7721), published on

February 17, 1998, and restores the

regulatory text that existed prior to the

direct final rule. The final rule updated

references to voluntary specifications