29236 Federal Register / Vol. 66, No. 104 / Wednesday, May 30, 2001 / Rules and Regulations

area in our revised federal 15 percent

ROP plan. 64 FR 36243 (July 6, 1999).

Today’s finding (i.e., that the Phoenix

area has attained the 1-hour ozone

standard and that the State no longer

needs to submit attainment and ROP/

RFP demonstrations) will not affect the

continued applicability of the existing

budget. This budget will remain

applicable until Arizona submits a

maintenance demonstration with a

revised transportation conformity

budget (or until Arizona submits

attainment and RFP/ROP

demonstrations with a revised budget

should the Phoenix area again violate

the 1-hour ozone standard) and we find

the new budget adequate.

IV. Administrative Requirements

This action merely finds that the

Phoenix area has attained a previously

established national ambient air quality

standard based on an objective review of

measured air quality data. It also

determines that certain Clean Air Act

requirements no longer apply to the

Phoenix area because of the attainment

finding. It will not impose any new

regulations, mandates, or additional

enforceable duties on any public,

nongovernmental or private entity.

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.). Under Executive Order 12866,

Regulatory Planning and Review (58 FR

51735, October 4, 1993), this rule is not

a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. It

does not contain any unfunded mandate

or significantly or uniquely affects small

governments, as described in the

Unfunded Mandates Reform Act of 1995

(Public Law 104–4). This rule also does

not have a substantial direct effect on

one or more Indian tribes, 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, as

specified by Executive Order 13175 (65

FR 67249, November 9, 2000). 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,

Federalism (64 FR 43255, August 10,

1999) because it 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,

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997),

because it is not economically

significant.

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 because it would

be inconsistent with applicable law for

EPA, when determining the attainment

status of an area, to use voluntary

consensus standards in place of

promulgated air quality standards and

monitoring procedures that otherwise

satisfy the provisions of the Clean Air

Act. As required by section 3 of

Executive Order 12988, Civil Justice

Reform (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, Governmental Actions and

Interference with Constitutionally

Protected Property Rights (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 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 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. 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 30, 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 81

Environmental protection, Air

pollution control, Intergovernmental

relations, Ozone, Reporting and

recordkeeping requirements.

Authority: 42 U.S.C. 7401–7671q.

Dated: May 14, 2001.

Laura Yoshii,

Acting Regional Administrator, Region 9.

[FR Doc. 01–13512 Filed 5–29–01; 8:45 am]

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47 CFR Part 73

[MM Docket No. 93–314 RM–8396]

Radio Broadcasting Services; Cadiz

and Oak Grove, KY

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: At the request of Ham

Broadcasting, Inc. this document sets

aside the action in this proceeding

which substituted Channel 293C3 for

Channel 292A at Cadiz, reallotted

Channel 293C3 to Oak Grove, and

modified the Station WKDZ–FM license

to specify operation on Channel 293C3

at Oak Grove. See 61 FR 31449,

published June 20, 1996. This document

also dismisses an Application for

Review filed by Southern Broadcasting

Corporation directed against that action.

The Station WKDZ–FM license will

specify operation on Channel 293C3 at

Cadiz in accordance with the grant of a

construction permit application (File

No. BPH–20000427ABE). With this

action, the proceeding is terminated.

DATES: Effective May 30, 2001.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau,

(202) 418–2177.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order in

MM Docket No. 93–314, adopted May 9,

2001, and released May 11, 2001. 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.,

Federal Register / Vol. 66, No. 104 / Wednesday, May 30, 2001 / Rules and Regulations 29237

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—RADIO BROADCAST

SERVICES

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 Kentucky, is amended

by removing Oak Grove, Channel 293C3.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–13449 Filed 5–29–01; 8:45 am]

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47 CFR Part 73

[DA 01–1153; MM Docket No. 01–34; RM–

10061]

Radio Broadcasting Services; Warsaw,

Windsor, MO

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of D&H Media, permittee of

Station KWKJ(FM), Warsaw, Missouri,

reallots Channel 253A from Warsaw to

Windsor, Missouri. Channel 253A is

allotted at Windsor in compliance with

the Commission’s minimum distance

separation requirements, with respect to

domestic allotments, without the

imposition of a site restriction at

coordinates 38–31–56 NL and 93–31–19

WL.

DATES: Effective June 18, 2001.

FOR FURTHER INFORMATION CONTACT:

Victoria M. McCauley, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 01–34,

adopted April 25, 2001, and released

May 4, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 445 12th Street,

SW., Washington, DC. The complete

text of this decision may also be

purchased from the Commission’s copy

contractor, International Transcription

Services, Inc., (202) 857–3800, 1231

20th Street, NW., Washington, DC

20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

PART 73—RADIO BROADCAST

SERVICES

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 Missouri is amended

by removing Channel 253A at Warsaw

and add Windsor, Channel 253A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–13450 Filed 5–29–01; 8:45 am]

BILLING CODE 6712–01–P

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47 CFR Part 73

[DA 01–1153; MM Docket Nos. 01–33; RM–

10060]

Radio Broadcasting Services; Caro,

and Cass City, MI

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Edwards Communications,

L.C., licensee of Station WIDL(FM),Caro,

Michigan, grants the substitution of

Channel 221C3 for Channel 221A at

Caro, Michigan, and the reallotment of

Channel 221C3 from Caro to Cass City,

Michigan. Channel 221C3 is allotted at

Cass City in compliance with the

Commission’s minimum distance

separation requirements, with respect to

domestic allotments, at a site 4.9

kilometers (3.0 miles) northeast of the

community at coordinates 48–38–20 NL

and 83–08–38 WL. A counterproposal

filed by Edward Czelada is dismissed as

defective.

DATES: Effective June 18, 2001.

FOR FURTHER INFORMATION CONTACT:

Victoria M. McCauley, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 01–33,

adopted April 25, 2001, and released

May 4, 2001. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 445 12th Street,

SW., Washington, DC. The complete

text of this decision may also be

purchased from the Commission’s copy

contractor, International Transcription

Services, Inc., (202) 857–3800, 1231

20th Street, NW., Washington, DC

20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

PART 73—RADIO BROADCAST

SERVICES

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 Michigan is amended

by removing Caro, Channel 221A and

add Cass City, Channel 221C3.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–13452 Filed 5–29–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

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47 CFR Part 73

[DA 01–1185; MM Docket No. 99–246; RM–

9593; RM–9770]

Radio Broadcasting Services; Winslow

and Mayer, AZ

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petition for

reconsideration.

SUMMARY: This document denies a

Petition for Partial Reconsideration filed

on behalf of Desert West Air Ranchers

Corporation directed to the Report and

Order in this proceeding reallotting

Channel 236C from Winslow to Mayer,

Arizona, as optionally proposed, as that

community’s first local aural

transmission service (RM–9770), in lieu

of previously proposed Camp Verde,

Arizona (RM–9593), and modifying the

license for Station KFMR(FM)

accordingly. See 65 FR 36374, June 8,

2000. Desert West objects to the