Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations 21675

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) requires

Federal agencies to assess the effects of

their regulatory actions not specifically

required by law. In particular, the Act

addresses actions that may result in the

expenditure by State, local, and tribal

governments, in the aggregate, or by the

private sector of $100,000,000 or more

in any one year. Though this Final Rule

will not result in such an expenditure,

we do discuss the effects of this Rule

elsewhere in this preamble.

Taking of Private Property

This Final Rule will not effect a taking

of private property or otherwise have

taking implications under Executive

Order 12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Reform of Civil Justice

This Final Rule meets applicable

standards in sections 3(a) and 3(b)(2) of

Executive Order 12988, Civil Justice

Reform, to minimize litigation,

eliminate ambiguity, and reduce

burden.

Protection of Children

We have analyzed this Final Rule

under Executive Order 13045,

Protection of Children from

Environmental Health Risks and Safety

Risks. This Rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Indian Tribal Governments

This rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments. A rule

with tribal implications has a

substantial direct effect on one or more

Indian tribe, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes.

Environment

We have considered the

environmental impact of this Final Rule

and concluded that, under figure 2–1,

paragraph (34)(a), of Commandant

Instruction M16475.lC, this Rule is

categorically excluded from further

environmental documentation. The Rule

would merely raise the threshold of

property damage for reports of accidents

involving recreational vessels. A

Determination of Categorical Exclusion

is available in the docket where

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 173

Marine safety, Reporting and

recordkeeping requirements.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 173 as follows:

Subpart C—Casualty and Accident

Reporting

1. The citation of authority for part

173 continues to read as follows:

Authority: 31 U.S.C. 9701; 46 U.S.C. 2110,

6101, 12301, 12302; OMB Circular A–25; 49

CFR 1.46.

2. Revise § 173.55(a)(3) to read as

follows:

§ 173.55 Report of casualty or accident.

(a) * * *

(3) Damage to vessels and other

property totals $2,000 or more or there

is a complete loss of any vessel; or a

collision occurs involving two or more

vessels, regardless of the amount of

damage to property; or

* * * * *

3. Revise the heading of § 173.57 to

read as follows:

§ 173.57 Contents of report.

4. Revise the heading of § 173.59 to

read as follows:

§ 173.59 Where to submit report.

Dated: March 15, 2001.

Terry M. Cross,

Rear Admiral, U. S. Coast Guard, Assistant

Commandant for Operations.

[FR Doc. 01–10839 Filed 4–30–01; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[AZ 099–0032a; FRL–6967–8]

Revisions to the Arizona State

Implementation Plan, Pinal-Gila

Counties Air Quality Control District

and Pinal County Air Quality Control

District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to approve revisions to the PinalGila Counties Air Quality Control

District (PGCAQCD) and Pinal County

Air Quality Control District (PCAQCD)

portions of the Arizona State

Implementation Plan (SIP). These

revisions concern the recision of all of

the remaining SIP rules from the

defunct PGCAQCD and the recision of

certain PCAQCD SIP Rules. We are

approving the recision of local rules that

no longer regulate permitting

procedures for various emission sources

under the Clean Air Act as amended in

1990 (CAA or the Act).

DATES: This rule is effective on July 2,

2001 without further notice, unless EPA

receives adverse comments by May 31,

2001. If we receive such comment, we

will publish a timely withdrawal in the

Federal Register to notify the public

that this rule will not take effect.

ADDRESSES: Mail comments to Andrew

Steckel, Rulemaking Office Chief (AIR–

4), Air Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

You may inspect the submittal

documents and our technical support

documents (TSDs) at our Region IX

office during normal business hours.

You may also see copies of the

submitted SIP revisions at the following

locations:

Environmental Protection Agency, Air

Docket (6102), Ariel Rios Building,

1200 Pennsylvania Avenue, N.W.,

Washington, D.C. 20460

Arizona Department of Environmental

Quality, 3033 North Central Avenue,

Phoenix, AZ 85012

Pinal County Air Quality Control

District, Building F, 31 North Pinal

Street, Florence, AZ 85232

FOR FURTHER INFORMATION CONTACT: Al

Petersen, Rulemaking Office (AIR–4),

Air Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105; (415) 744–1135.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever

‘‘we’’, ‘‘us’’, or ‘‘our’’ are used, we mean

EPA.

Table of Contents

I. The State’s Submittal

A. What rules did the State submit for

recision?

B. Are there other versions of the recision

submittals?

C. What is the purpose of the recision

submittals?

II. EPA’s Evaluation and Action

A. How is EPA evaluating the recision

submittals?

B. Do the recision submittals meet the

evaluation criteria?

C. Public comment and final action

III. Background information

A. Why were these rules originally

approved into the SIP?

IV. Administrative Requirements

21676 Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations

I. The State’s Submittal

A. What Rules Did the State Submit for

Recision?

On August 4, 2000, ADEQ submitted

certain PGCAQCD SIP rules listed in

Tables 1, 2, 3, 4, 5, 6, and 7 for recision

with respect to Gila County only. The

replacement ADEQ SIP rules are listed

where applicable. Other justifications or

demonstrations for recision are

provided in the notes below Table 7.

On December 20, 2000 (65 FR 79742)

EPA clarified that certain PCAQCD rules

are SIP-approved by an action on April

9, 1996 (61 FR 15717). We intended that

some of these SIP-approved PCAQCD

rules shown in Tables 1, 2, and 3

replace or rescind corresponding

PGCAQCD SIP rules still in effect in

PCAQCD. Therefore, all rules listed in

Tables 1, 2, and 3 are rescinded both

with respect to Gila County (by the

ADEQ submittal) and with respect to

PCAQCD (by the EPA approval of

replacement PCAQCD SIP rules.)

Certain of the PGCAQCD SIP rules are

determined by EPA to not be

appropriate for inclusion in the SIP, but

were originally erroneously SIPapproved. We are removing these rules

from the PGCAQCD portion of the

Arizona SIP under section 110(k)(6) as

inconsistent with the requirements of

section 110(a) and part D of the CAA.

These PGCAQCD SIP rules

inappropriate for the SIP are also

included in Tables 1, 2, and 3. The two

recision submittals and the removals in

combination rescind all of the rules in

Tables 1, 2, and 3 with respect to both

Gila County and PCAQCD.

The PGCAQCD SIP rules in Tables 4,

5, and 6 are rescinded with respect to

Gila County only, because there is not

yet an approved SIP rule replacement

for PCAQCD.

The PGCAQCD SIP rules in Table 7

were submitted by ADEQ for recision

but are already rescinded in other

actions with respect to both Gila County

and PCAQCD. These rules are listed in

Table 7 for clarity only, and we will take

no further action on them.

TABLE 1.—PGCAQCD RULES (PREVIOUSLY SUBMITTED ON JULY 1, 1975, APPROVED ON NOVEMBER 15, 1978, 43 FR

53031) FOR RECISION WITH RESPECT TO BOTH GILA COUNTY AND PCAQCD

PGCAQCD SIP

rule Rule title Replacement ADEQSIP rule number

Replacement

PCAQCD SIP

rule number

7–1–1.1 Policy and Legal Authority ......................................................................................... (Note 1) (Note 1)

7–1–1.3 Air Pollution Prohibited .............................................................................................. (Note 1) (Note 1)

7–1–2.5(A) Permits: Transfer ....................................................................................................... R9–3–317 32932

7–1–2.5(B) Permits: Expiration .................................................................................................... R9–3–306 32567

7–1–2.5(C) Permits: Posting ........................................................................................................ R9–3–315 (Note 1)

7–1–2.6 Recordkeeping and Reporting ................................................................................... R9–3–308, 314 29645

7–2–1.1 Non-Specific Particulate ............................................................................................ R9–3–201 43861

7–2–1.2 Sulfur Dioxide ............................................................................................................ R9–3–202 (Note 2) 47514

7–2–1.4 Photochemical Oxidants ............................................................................................ R9–3–204 51166

7–2–1.5 Carbon Monoxide ...................................................................................................... R9–3–205 54819

7–2–1.6 Nitrogen Dioxide ........................................................................................................ R9–3–205 21946

7–2–1.7 Evaluation .................................................................................................................. R9–3–216 2–3–110

7–3–1.6 Reduction of Animal or Vegetable Matter ................................................................. (Note 1) (Note 1)

TABLE 2.—PGCAQCD RULE (PREVIOUSLY SUBMITTED ON JULY 1, 1975, APPROVED ON DECEMBER 17, 1979, 44 FR

73033) FOR RECISION WITH RESPECT TO BOTH GILA COUNTY AND PCAQCD

PGCAQCD SIP

rule number Rule title Replacement ADEQSIP rule number

Replacement

PCAQCD SIP

rule number

7–2–1.8 Anti-Degradation ........................................................................................................ (Note 1) (Note 1)

TABLE 3.—PGCAQCD RULES (PREVIOUSLY SUBMITTED ON AUGUST 7, 1980, APPROVED ON APRIL 12, 1982, 47 FR

15580) FOR RECISION WITH RESPECT TO BOTH GILA COUNTY AND PCAQCD

PGCAQCD SIP

rule number Rule title Replacement ADEQSIP rule number

Replacement

PCAQCD SIP

rule number

7–1–1.2 Definitions .................................................................................................................. R9–3–101 1–3–140

7–1–1.3(C) Air Pollution Prohibited .............................................................................................. (Note 1) (Note 1)

TABLE 4.—PGCAQCD RULES (PREVIOUSLY SUBMITTED ON JULY 1, 1975, APPROVED ON NOVEMBER 15, 1978, 43 FR

53031) FOR RECISION WITH RESPECT TO GILA COUNTY ONLY

PGCAQCD SIP

rule number Rule title Replacement ADEQSIP rule number

Replacement

PCAQCD SIP

rule number

7–3–1.2(A) Fugitive Dust .............................................................................................................. R9–3–404 None

7–3–1.2(B) Fugitive Dust .............................................................................................................. R9–3–405 None

7–3–1.2(C) Fugitive Dust .............................................................................................................. R9–3–405 None

7–3–1.2(D) Fugitive Dust .............................................................................................................. R9–3–406 None

7–3–1.2(E) Fugitive Dust .............................................................................................................. R9–3–409 None

Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations 21677

TABLE 4.—PGCAQCD RULES (PREVIOUSLY SUBMITTED ON JULY 1, 1975, APPROVED ON NOVEMBER 15, 1978, 43 FR

53031) FOR RECISION WITH RESPECT TO GILA COUNTY ONLY—Continued

PGCAQCD SIP

rule number Rule title Replacement ADEQSIP rule number

Replacement

PCAQCD SIP

rule number

7–3–1.3 Open Burning ............................................................................................................ (Note 2) None

7–3–1.4 Incineration ................................................................................................................ (Note 2) None

7–3–1.5 Wood Waste Burners ................................................................................................ R9–3–504 None

7–3–1.7 Particulate Emissions—Fuel Burning Equipment ...................................................... R9–3–503 None

7–3–1.8 Process Industries ..................................................................................................... R9–3–502 None

7–3–2.2 Fuel Burning Installations .......................................................................................... R9–3–503 None

7–3–2.3 Sulfite Pulp Mills ........................................................................................................ (Note 2) None

7–3–2.4 Sulfuric Acid Plants ................................................................................................... R9–3–507 None

7–3–3.1 Storage of Volatile Organic Compounds ................................................................... R9–3–510 None

7–3–3.2 Loading of Volatile Organic Compounds .................................................................. R9–3–510 None

7–3–3.3 Pumps and Compressors .......................................................................................... R9–3–510 None

7–3–4.1 Emission Standards—Carbon Monoxide from Stationary Sources: Industrial ......... R9–3–502 None

7–3–5.1 Emission Standards—Nitrogen Oxides: Fuel Burning Equipment ............................ R9–3–503 None

7–3–5.2 Nitric Acid Plants ....................................................................................................... R9–3–506 None

TABLE 5.—PGCAQCD RULE (PREVIOUSLY SUBMITTED ON JULY 1, 1975, APPROVED ON DECEMBER 17, 1979, 44 FR

73033) FOR RECISION WITH RESPECT TO GILA COUNTY ONLY

PGCAQCD SIP

rule number Rule title Replacement ADEQSIP rule number

Replacement

PCAQCD SIP

rule number

7–3–2.5 Other Industries ......................................................................................................... (Note 2) None

TABLE 6.—PGCAQCD RULES (PREVIOUSLY SUBMITTED ON AUGUST 7, 1980, APPROVED ON APRIL 12, 1982, 47 FR

15580) FOR RECISION WITH RESPECT TO GILA COUNTY ONLY

PGCAQCD SIP

rule number Rule title Replacement ADEQSIP rule number

Replacement

PCAQCD SIP

rule number

7–3–1.1 Visible Emissions: General ........................................................................................ R9–3–501 None

7–3–1.4(C) Incineration ................................................................................................................ (Note 2) None

7–3–1.7(F) Particulate Emissions—Fuel Burning Equipment ...................................................... R9–3–503 None

7–3–3.4(A) Organic Solvents ....................................................................................................... R9–3–101 None

7–3–3.4(B) Organic Solvents ....................................................................................................... R9–3–502 None

7–3–3.4(C) Organic Solvents ....................................................................................................... R9–3–525 None

7–3–3.4(D) Organic Solvents ....................................................................................................... R9–3–527 None

7–3–3.4(E) Organic Solvents ....................................................................................................... R9–3–502 None

7–3–3.4(F) Organic Solvents ....................................................................................................... R9–3–502 None

7–3–3.4(G) Organic Solvents ....................................................................................................... R9–3–502 None

7–3–3.4(H) Organic Solvents ....................................................................................................... (Note 1) (Note 1)

7–3–3.4(I) Organic Solvents ....................................................................................................... R9–3–101 None

7–3–3.4(J) Organic Solvents ....................................................................................................... R9–3–502 None

TABLE 7.—PGCAQCD RULES SUBMITTED FOR RECISION BUT ALREADY RESCINDED WITH RESPECT TO BOTH GILA

COUNTY AND PCAQCD

PGCAQCD SIP

rule number Rule title Recisionreference

7–1–2.2 Permit Unit Description and Fees ..................................................................................................................... (Note 3)

7–1–2.4 Appeals to Hearing Board ................................................................................................................................ (Note 3)

7–1–2.7 Enforcement ...................................................................................................................................................... (Note 3)

7–1–4.1 Violations: Orders of Abatement ....................................................................................................................... (Note 4)

7–1–4.2 Hearings on Orders of Abatement .................................................................................................................... (Note 4)

7–1–5.1 Classification and Reporting; Production of Records; Confidentiality of Records; Violation; Penalty ............. (Note 4)

7–1–5.2 Special Inspection Warrant ............................................................................................................................... (Note 4)

7–1–5.3 Decisions of Hearing Board; Subpoenas; Effective Date ................................................................................. (Note 4)

7–1–5.4 Judicial Review; Grounds; Procedures ............................................................................................................. (Note 4)

7–1–5.5 Notice of Hearing; Publication; Service ............................................................................................................ (Note 4)

7–1–5.6 Injunctive Relief ................................................................................................................................................. (Note 4)

7–2–1.3 Non-Methane Hydrocarbons ............................................................................................................................. (Note 3)

7–3–6.1 Major Sources: Policy and Legal Authority ....................................................................................................... (Note 3)

21678 Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations

1The Pinal-Gila Counties Air Pollution District

originally had jurisdiction in Pinal County and Gila

County. On April 1, 1988, Gila County gave

jurisdiction for air quality control to ADEQ. On

April 4, 1988, Gila County dissolved the PGCAQCD

on behalf of Gila County. On August 15, 1988, Pinal

County renamed the PGCAQCD the Pinal County

Air Quality Control District, but continued to

enforce the PGCAQCD rules. On November 23,

1992, Pinal County formally dissolved the

PGCAQCD on behalf of Pinal County. In 1993 and

later, PCAQCD adopted PCAQCD replacement

rules, many of which subsequently became SIPapproved PCAQCD rules.

Note 1: Designates a rule determined by

EPA to be not appropriate for inclusion in the

SIP, because it is unenforceable, or replaced

by a federal standard, or refers to a noncriteria pollutant, or refers to local

procedural matters, such as those concerning

assessment of fees, enforcement, and local

hearing board procedures.

Note 2: Designates a rule without an exact

parallel ADEQ SIP rule or PCAQCD SIP rule,

for which information was provided by the

ADEQ to show that rescinding the PGCAQCD

rule would not conflict with section 110(l) of

the CAA.

Note 3: 40 CFR 52.120(c)(18)(iv)(B).

Note 4: 40 CFR 52.120(c)(18)(iv)(A).

On December 29, 2000, we found that

the submittal of August 4, 2000 met the

completeness criteria in 40 CFR part 51,

appendix V, which must be met before

formal EPA review.

B. Are There Other Versions of the

Recision Submittals?

There are no previous recision

submittals for PGCAQCD on which we

have not acted.

C. What Is the Purpose of the Recision

Submittals?

The PGCAQCD originally adopted a

set of air pollution control rules that we

approved into the Arizona SIP. Gila

County and Pinal County later dissolved

the PGCAQCD.1 Gila County elected to

have the ADEQ administer Arizona state

rules in Gila County. The remaining

PGCAQCD SIP rules in Gila County are

defunct and not used to enforce air

regulations in Gila County. This action

rescinds all remaining PGCAQCD rules

from the SIP with respect to Gila

County. This action also rescinds part of

the remaining PGCAQCD SIP rules that

have been replaced with SIP Rules with

respect to PCAQCD.

II. EPA’s Evaluation and Action

A. How Is EPA Evaluating the Recision

Submittals?

Generally, section 110(l) and 193 of

the CAA require that the recision of SIP

rules must not relax existing

requirements of the SIP. If requirements

are relaxed, the ADEQ must

demonstrate that the modifications do

not interfere with attainment of the

NAAQS or otherwise violate sections

110(l) or 193.

B. Do the Recision Submittals Meet the

Evaluation Criteria?

We believe the recision submittals are

consistent with the CAA and relevant

policy and guidance regarding SIP

relaxations. The TSD has more

information on our evaluation.

C. Public Comment and Final Action

As authorized in section 110(k)(3) and

110(k)(6) of the CAA, we are approving

the recision submittals, because we

believe they fulfill all relevant

requirements. We do not think anyone

will object to this, so we are finalizing

the approval without proposing it in

advance. However, in the Proposed

Rules section of this Federal Register,

we are simultaneously proposing

approval of the same recision submittal.

If we receive adverse comments by May

31, 2001, we will publish a timely

withdrawal in the Federal Register to

notify the public that the direct final

approval will not take effect and we will

address the comments in a subsequent

final action based on the proposal. If we

do not receive timely adverse

comments, the direct final recision will

be effective without further notice on

July 2, 2001. This will remove the rules

from the federally enforceable SIP.

III. Background Information

A. Why Were These Rules Originally

Approved Into the SIP?

The rules were intended to regulate

some of the seven criteria pollutants,

which harm human health and the

environment, and regulate permitting

procedures for control of these

pollutants. Section 110(a) of the CAA

required states to submit regulations

that control the emission of these

pollutants.

IV. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely approves state law as

meeting federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities under the

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

et seq.). Because this rule approves preexisting requirements under state law

and does not impose any additional

enforceable duty beyond that required

by state law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Pub. L. 104–4). For

the same reason, 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), because it merely

approves a state rule implementing a

federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. This rule also is not

subject to Executive Order 13045 (62 FR

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

economically significant.

In reviewing SIP submissions, EPA’s

role is to approve state choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. 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. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), 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. 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. section 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

Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Rules and Regulations 21679

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. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a ‘‘major rule’’ as

defined by 5 U.S.C. section 804(2).

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by July 2, 2001.

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,

Incorporation by reference, Nitrogen

dioxide, Ozone, Particulate matter,

Reporting and recordkeeping

requirements, Sulfur dioxide, Volatile

organic compound.

Authority: 42 U.S.C. 7401 et seq.

Dated: March 20, 2001.

Michael Schulz,

Acting Regional Administrator, Region IX.

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 D—Arizona

2. Section 52.120 is amended by

adding paragraphs (c)(18)(iv)(D),

(c)(18)(iv)(E), (c)(18)(iv)(F),

(c)(18)(iv)(G), (c)(46)(i)(B), and

(c)(46)(i)(C) to read as follows:

§ 52.120 Identification of plan.

* * * * *

(c) * * *

(18) * * *

(iv) * * *

(D) Previously approved on November

15, 1978 in paragraph (c)(18)(iv) of this

section and now deleted without

replacement Rules 7–1–1.1, 7–1–1.3, 7–

1–2.5, 7–1–2.6, 7–2–1.1, 7–2–1.2, 7–2–

1.4, 7–2–1.5, 7–2–1.6, 7–2–1.7, and 7–3–

1.6.

(E) Previously approved on December

17, 1979 in paragraph (c)(18)(iv) of this

section and now deleted without

replacement Rule 7–2–1.8.

(F) Previously approved on November

15, 1978 in paragraph (c)(18)(iv) of this

section and now deleted without

replacement with respect to Gila County

only Rules 7–3–1.2, 7–3–1.3, 7–3–1.4,

7–3–1.5, 7–3–1.7, 7–3–1.8, 7–3–2.2, 7–

3–2.3, 7–3–2.4, 7–3–3.1, 7–3–3.2, 7–3–

3.3, 7–3–4.1, 7–3–5.1, and 7–3–5.2.

(G) Previously approved on December

17, 1979 in paragraph (c)(18)(iv) of this

section and now deleted without

replacement with respect to Gila County

only Rule 7–3–2.5.

* * * * *

(46) * * *

(i) * * *

(B) Previously approved on April 12,

1982 in paragraph (c)(46)(i)(A) of this

section and now deleted without

replacement Rules 7–1–1.2 and 7–1–

1.3(C).

(C) Previously approved on April 12,

1982 in paragraph (c)(46)(i)(A) of this

section and now deleted without

replacement with respect to Gila County

only Rules 7–3–1.1, 7–3–1.4(C), 7–3–

1.7(F), and 7–3–3.4.

* * * * *

[FR Doc. 01–10651 Filed 4–30–01; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–928; MM Docket No. 00–13, RM–

9679]

Radio Broadcasting Services;

Aberdeen, Elma and Montesano, WA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at joint

request of KAYO Broadcasting and

Marrow, Inc., substitutes Channel 271C2

for Channel 271C3 at Elma, reallots

Channel 271C2 from Elma to

Montesano, Washington, and modifies

Station KSWW(FM)’s license

accordingly. We also reallot Channel

257C1 from Aberdeen to Elma, as a

replacement service, and modify Station

KAYO–FM’s license accordingly. See 65

FR 7816, February 16, 2000. Channel

271C2 can be reallotted to Montesano in

compliance with the Commission’s

minimum distance separation

requirements with a site restriction of

14.5 kilometers (9.0 miles) northwest to

avoid a short-spacing to the licensed site

of Station KINK–FM, Channel 270C,

Portland, Oregon. The coordinates for

Channel 271C2 at Montesano are 47–

03–44 North Latitude and 123–44–44

West Longitude. See Supplementary

Information, infra.

DATES: Effective May 29, 2001.

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 00–13,

adopted April 4, 2001, and released

April 13, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Information Center (Room CY–A257),

445 12th Street, SW, Washington, DC.

The complete text of this decision may

also be purchased from the

Commission’s copy contractors,

International Transcription Service,

Inc., (202) 857–3800, 1231 20th Street,

NW., Washington, DC 20036.

In addition, Channel 257C1 can be

realloted to Elma in compliance with

the Commission’s minimum distance

separation requirements with a site

restriction of 14.5 kilometers (9.0 miles)

west to avoid a short-spacing to the

licensed site of Station KWJJ–FM,

Channel 258C1, Portland Oregon. The

coordinates for Channel 257C1 at Elma

are 46–57–31 North Latitude and 123–

35–18 West Longitude. The allotment of

Channel 257C1 at Elma is short-spaced

to the licensed site of Station

CFOX(FM), Channel 257C, Vancouver,

British Columbia, and to the proposed

allotment of Channel 258A at

Metchosin/Sooke, British Columbia.

Also, the allotment of Channel 271C2 at

Montesano is short-spaced to the

licensed site of Station CFUV–FM,

Channel 270B, Victoria, British

Columbia, and to the proposed

allotment of Channel 269A at Nanaimo,

British Columbia. Since Elma and

Montesano are located within 320

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

Canadian border, Canadian concurrence

for Channel 271C2 at Montesano, and

for Channel 257C1 at Elma, as speciallynegotiated, short-spaced allotments,

were requested, but have not yet been

received. Therefore, if a construction

permit is granted prior to the receipt of

formal concurrence by the Canadian

government for these allotments, the

construction permit will include the

following condition: ‘‘Operation with