20760 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations

cause’’ finding that this action is not

subject to notice-and-comment

requirements under the APA or any

other statute (see section I. of this

document), it is not subject to the

regulatory flexibility provisions of the

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

et seq.), or to sections 202 and 205 of the

Unfunded Mandates Reform Act of 1995

(UMRA) (Public Law 104–4). In

addition, this action does not

significantly or uniquely affect small

governments or impose a significant

intergovernmental mandate, as

described in sections 203 and 204 of

UMRA. This rule also does not

significantly or uniquely affect the

communities of tribal governments, as

specified by Executive Order 13084 (63

FR 27655, May 10, 1998). This rule will

not have substantial direct effects on the

states, on the relationship between the

national government and the states, or

on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999). This rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

This minor action does not involve

technical standards; thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. This rule also

does not involve special consideration

of environmental justice related issues

as required by Executive Order 12898

(59 FR 7629, February 16, 1994). In

issuing this rule, EPA has taken the

necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct, as

required by section 3 of Executive Order

12988 (61 FR 4729, February 7, 1996).

EPA has complied with Executive Order

12630 (53 FR 8859, March 15, 1988) by

examining the takings implications of

the rule in accordance with the

‘‘Attorney General’s Supplemental

Guidelines for the Evaluation of Risk

and Avoidance of Unanticipated

Takings’’ issued under the Executive

Order. This rule does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.).

The Congressional Review Act (5

U.S.C. 801 et 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 United

States Senate, the United States House

of Representatives, and the Comptroller

General of the United States prior to

publication of the rule in the Federal

Register. This action is not a ‘‘major

rule’’ as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Parts 460,

461 and 463

Environmental protection, Air

pollution control, Intergovernmental

relations.

Authority: This rule is issued under the

authority of sections 101, 110, 112, and 301

of the CAA, as amended (42 U.S.C. 7401,

7410, 7412, and 7601).

Dated: April 3, 2000.

William W. Rice,

Acting Regional Administrator, Region 7.

[FR Doc. 00–9663 Filed 4–17–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 00–8; RM–9788]

Radio Broadcasting Services; Spencer

and Webster, MA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: At the request of

Montachusett Broadcasting, Inc. this

document reallots Channel 255A from

Spencer to Webster, Massachusetts, and

modifies the license of Station WORC–

FM to specify Webster as the

community of license. See 65 FR 4491,

published January 27, 2000. The

reference coordinates for Channel 255A

at Webster, Massachusetts, are 42–02–10

and 71–59–23. With this action, the

proceeding is terminated.

EFFECTIVE DATE: May 16, 2000.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau (202)

418–2177.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order in MM Docket No. 00–8,

adopted March 22, 2000, and released

March 31, 2000. The full text of this

decision is available for inspection and

copying during normal business hours

in the FCC’s Reference Information

Center at Portals II, CY–A257, 445 12th

Street, SW, Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, 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 Massachusetts, is

amended by removing Spencer and

Channel 255A.

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

Allotments under Massachusetts, is

amended by adding Webster and

Channel 255A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–9615 Filed 4–17–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AE51

Endangered and Threatened Wildlife

and Plants; Final Rule To List as

Endangered the O‘ahu ‘Elepaio From

the Hawaiian Islands and

Determination of Whether Designation

of Critical Habitat Is Prudent

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: We, the U.S. Fish and

Wildlife Service (Service), determine

the O‘ahu ‘elepaio (Chasiempis

sandwichensis ibidis) to be an

endangered species under the

Endangered Species Act of 1973, as

amended (Act). This bird is endemic to

the island of O‘ahu, Hawaiian Islands,

where it was formerly found in all

forested areas on the island. The O‘ahu

‘elepaio is currently found in greatly

reduced numbers and is restricted to

seven isolated populations occurring

primarily in mid-elevation forests in

portions of the Ko‘olau and Wai‘anae

Mountains. The O‘ahu ‘elepaio is