Federal Register / Vol. 66, No. 27 / Thursday, February 8, 2001 / Rules and Regulations 9527

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 (Public Law 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.

B. 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. 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).

C. Petitions for Judicial Review

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 April 9, 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

approving the Maryland NOX RACT

regulations 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, Intergovernmental

relations, Nitrogen dioxide, Reporting

and recordkeeping requirements.

Dated: December 15, 2000.

Thomas C. Voltaggio,

Acting Regional Administrator, Region III.

40 CFR part 52 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 V—Maryland

2. Section 52.1070 is amended by

adding paragraph (c)(155) to read as

follows:

§ 52.1070 Identification of plan.

* * * * *

(c) * * *

(155) Revisions to the Maryland

Regulations for NOX RACT regulations

submitted on September 8, 2000 by the

Maryland Department of the

Environment:

(i) Incorporation by reference.

(A) Letter of September 8, 2000 from

the Maryland Department of the

Environment transmitting the Maryland

NOX RACT regulations.

(B) The Maryland NOX RACT

regulations found at COMAR

26.11.09.08, effective October 18, 1999,

as revised effective September 18, 2000.

This rule replaces COMAR 26.11.09.08,

effective May 10, 1993, as revised

effective June 20, 1994 and May 8, 1995.

(C) Addition of COMAR

26.11.09.01B(3–1) (definition of the

term ‘‘high heat release unit’’), effective

September 18, 2000.

(ii) Additional Material.—Remainder

of September 8, 2000 submittal.

§ 52.1072 [Amended]

3. Section 52.1072(e) is removed and

reserved.

[FR Doc. 01–3161 Filed 2–7–01; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 3100, 3106, 3108, 3130,

and 3160

[WO–310–1310–01–24 1A–PB]

RIN 1004–AC54

Oil and Gas Leasing: Onshore Oil and

Gas Operations: Delay of Effective

Date

AGENCY: Bureau of Land Management,

Interior.

ACTION: Final rule; delay of effective

date.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ 66 FR 7701 (January 24, 2001),

this document temporarily delays for 60

days the effective date of the rule

entitled ‘‘Oil and Gas Leasing: Onshore

Oil and Gas Operations,’’ published in

the Federal Register on January 10,

9528 Federal Register / Vol. 66, No. 27 / Thursday, February 8, 2001 / Rules and Regulations

2001 (66 FR 1883). The final rule will:

clarify the responsibilities of oil and gas

lessees and operating rights owners for

protecting Federal and Indian oil and

gas resources from drainage; specify

when the obligations of the lessee or

operating rights owner to protect against

drainage begin and end; clarify what

steps to take to determine if drainage is

occurring; and specify the

responsibilities of assignors and

assignees for reclamation and other

lease obligations.

EFFECTIVE DATE: The effective date of the

Oil and Gas Leasing: Onshore Oil and

Gas Operations Final Rule, amending 43

CFR 3100, 3106, 3108, 3130, and 3160;

published in the Federal Register on

January 10, 2001. (66 FR 1883), is

delayed for 60 days; from February 9,

2001 to a new effective date of April 10,

2001.

FOR FURTHER INFORMATION CONTACT:

Donnie Shaw, Fluid Minerals Group,

Bureau of Land Management, Mail Stop

401LS, 1849 ‘‘C’’ Street, NW,

Washington, D.C. 20240; telephone

(202) 452–0382 (Commercial or FTS).

Individuals who use a

telecommunications device for the deaf

(TDD) may call the Federal Information

Relay Services at 1–800–877–8339,

seven days a week, 24 hours a day,

except holidays, for assistance in

reaching Mr. Shaw.

SUPPLEMENTARY INFORMATION: To the

extent that 5 U.S.C. 553 applies to this

action, the action is exempt from notice

and comment because it constitutes a

rule of procedure under 5 U.S.C.

553(b)(A). Alternatively, the

Department’s implementation of this

action without opportunity for public

comment, effective immediately upon

publication today in the Federal

Register, is based on the good cause

exceptions in 5 U.S.C. 553(b)(3)(B) and

553(d)(3), in that seeking public

comment is impractical, unnecessary

and contrary to the public interest. The

temporary 60-day delay in the effective

date is necessary to give Department

officials the opportunity for further

review and consideration of new

regulations, consistent with the

Assistant to the President’s

memorandum of January 20, 2001.

Given the imminence of the effective

date, seeking prior public comment on

this temporary delay would have been

impractical, as well as contrary to the

public interest in the orderly

promulgation and implementation of

regulations.

Dated: January 31, 2001.

Piet deWitt,

Acting Assistant Secretary, Land and

Minerals Management.

[FR Doc. 01–3365 Filed 2–7–01; 8:45 am]

BILLING CODE 4310–84–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 52

[CC Docket No. 99–200; CC Docket No. 96–

98; FCC 00–429]

Numbering Resource Optimization

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In this document the Federal

Communications Commission (FCC or

Commission) continues to develop,

adopt and implement a number of

strategies to ensure that the numbering

resources of the North American

Numbering Plan (NANP) are used

efficiently, and that all carriers have the

numbering resources they need to

compete in the rapidly expanding

telecommunications marketplace.

DATES: Section 52.15(f)(1)(vi) is effective

December 29, 2000. Section 52.15(h) is

effective May 8, 2001. All other

amendments are effective March 12,

2001 except for §§ 52.15(g)(4) and

52.15(k)(1), which contain information

collection requirements that have not

been approved by the Office of

Management and Budget. The Federal

Communications Commission will

publish a document in the Federal

Register announcing the effective date

of those sections.

ADDRESSES: Federal Communications

Commission, Secretary, 445 12th Street,

SW, Room TW–B204F, Washington, DC

20554.

FOR FURTHER INFORMATION CONTACT:

Sanford Williams, (202) 418–2320 or

email at swilliam@fcc.gov or Cheryl

Callahan at (202) 418–2320 or

ccallaha@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Second

Report and Order, Order on

Reconsideration in CC Docket No. 96–98

and CC Docket No. 99–200 (Second

Report and Order), adopted on

December 7, 2000, and released on

December 29, 2000. The full text of this

document is available for inspection

and copying during normal business

hours in the FCC Reference Center, 445

12th Street, SW, Washington, DC 20554.

Comments and reply comments will be

available for public inspection during

regular business hours in the FCC

Reference Center. The complete text

may also be obtained through the world

wide web, at http://www.fcc.gov/

Bureaus/CommonCarrier/Orders, or may

be purchased from the Commission’s

copy contractor, International

Transcription Services, Inc., 1231 20th

Street, NW, Washington, DC 20036.

Synopsis of the Second Report and

Order, Order on Reconsideration in CC

Docket No. 96–98 and CC Docket No.

99–200

1. With the rules adopted in the

Second Report and Order, the FCC

creates national standards to address

numbering resource optimization. The

Second Report and Order, among other

things: (1) Establishes a utilization

threshold for carriers; (2) clarifies the

national framework for allocating

numbers in blocks of 1,000, rather than

10,000 (‘‘thousands-block number

pooling’’) and for thousands-block

number pooling administration; and (3)

sets forth a comprehensive audit

program to verify carrier compliance

with federal rules and orders and

industry guidelines.

2. The Second Report and Order also

adopts and clarifies administrative

measures that will allow the FCC to

monitor more closely the way

numbering resources are used within

the U.S. Specifically, the FCC clarifies

certain numbering status definitions, the

definition of Parent Operating Company

Number (OCN), and the scope of access

state commissions have to mandatorily

reported data and numbering resource

application information.

3. The rules adopted herein facilitate

increased carrier accountability and

incentives to use numbers efficiently,

and promote the judicious conservation

of numbering resources.

Final Paperwork Reduction Analysis

4. This Second Report and Order

contains some new information

collections, which will be submitted to

OMB for approval, as prescribed by the

Paperwork Reduction Act.

Final Regulatory Flexibility Analysis

5. As required by the Regulatory

Flexibility Act (RFA), 5 U.S.C. 603, an

Initial Regulatory Flexibility Analysis

(IRFA) was incorporated into the Notice

of Proposed Rulemaking (Notice). The

Commission sought written public

comment on the proposals in the Notice,

including comment on the IRFA. In

addition, pursuant to 5 U.S.C. 604, a

Final Regulatory Flexibility Analysis

(FRFA) was incorporated in the First

Report and Order and Further Notice of

Proposed Rulemaking, 65 FR 43251