Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 /Rules and Regulations 39739

actually received the station in question.

For partially-distant stations, gross

receipts shall be the total gross receipts

from subscribers outside the local

service area.

* * * * *

PART 256—ADJUSTMENT OF

ROYALTY FEE FOR CABLE

COMPULSORY LICENSE

3. The authority citation for part 256

continues to read as follows:

Authority: 17 U.S.C. 702, 802.

4. Section 256.2(a)(1) is amended by

adding the letter ‘‘s’’ to the word ‘‘fee’’

and by adding the phrase ‘‘and (c)’’ to

the end of the paragraph after ‘‘(4)’’.

5. In § 256.2 the concluding text of

paragraph (c) is amended by adding the

phrase ‘‘(2) through (4)’’ after the phrase

‘‘royalty rates specified in paragraphs

(a)’’.

Dated: July 1, 1998.

Marybeth Peters,

Register of Copyrights.

So approved.

James H. Billington,

The Librarian of Congress.

[FR Doc. 98–19415 Filed 7–23–98; 8:45 am]

BILLING CODE 1410–31–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 9

[FRL–6125–1]

OMB Approval Numbers Under the

Paperwork Reduction Act: Technical

Correction

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correcting

amendments.

SUMMARY: This document contains

corrections to the final regulations

which were published in the Federal

Register on February 17, 1998 (63 FR

7709). The regulations related to the

amendment of the table that lists the

Office of Management and Budget

(OMB) control numbers issued under

the PRA for Regulation of Fuel and Fuel

Additives, Standards for Reformulated

and Conventional Gasoline.

EFFECTIVE DATE: This correction is

effective July 24, 1998.

FOR FURTHER INFORMATION CONTACT:

Karen Smith, 202–564–9674.

SUPPLEMENTARY INFORMATION:

Need for Correction

As published, the final regulations

contain errors and inadvertently include

portions of the OMB approval list which

may prove misleading and need to be

clarified. The final regulation

inadvertently added sections that were

already properly included in an earlier

document (See 63 FR 1059, January 8,

1998). Since these entries are

duplicative, this document removes the

spans that are no longer needed (80.91–

80.94 and 80.128–80.130). These ICRs

were previously subject to public notice

and comment prior to OMB approval.

As a result, EPA finds that there is

‘‘good cause’’ under section 553(b)(B) of

the Administrative Procedure Act (5

U.S.C. 553(b)(B)) to correct this table

without prior notice and comment. Due

to the technical nature of the table,

further notice and comment would be

unnecessary.

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 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, it is

not subject to the regulatory flexibility

provisions of the Regulatory Flexibility

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

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. However, section

808 provides that any rule for which the

issuing agency for good cause finds (and

incorporates the finding and a brief

statement of reasons therefor in the rule)

that notice and public procedure

thereon are impracticable, unnecessary

or contrary to the public interest, shall

take effect at such time as the agency

promulgating the rule determines. 5

U.S.C. 808(2). As stated previously, EPA

has made such a good cause finding,

including the reasons therefore, and

established an effective date of July 24,

1998. 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 9

Environmental protection, Reporting

and recordkeeping requirements.

Dated: July 17, 1998.

Margo T. Oge,

Director, Office of Mobile Sources.

For the reasons set out in the

preamble, 40 CFR Part 9 is amended as

follows:

PART 9—[AMENDED]

1. The authority citation for part 9

continues to read as follows:

Authority: 7 U.S.C 135 et seq., 136–136y;

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,

1321, 1326, 1330, 1342, 1344, 1345 (d) and

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,

1971–1975 Comp. p. 973; 42 U.S.C. 241,

242B, 243, 246, 300f, 300g, 300g–1, 300g–2,

300g–3, 300g–4, 300g–5, 300g–6, 300j–1,

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,

6901–6992k, 7401–7671q, 7542, 9601–9657,

11023, 11048.

§ 9.1 [Amended]

2. Section 9.1 is amended by

removing entries 80.91–80.94 and

80.128–80.130.

[FR Doc. 98–19833 Filed 7–23–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[KY–100–1–9814a; FRL–6126–1]

Approval and Promulgation of

Implementation Plans; Commonwealth

of Kentucky

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving the

revisions to the Commonwealth of

Kentucky’s State Implementation Plan

(SIP) for the general application and

attainment status designations. The

Commonwealth of Kentucky, through

the Kentucky Natural Resources and

Environmental Protection Cabinet

(KNREPC) submitted the revisions to

EPA on December 19, 1997.