Federal Register / Vol. 62, No. 185 /Wednesday, September 24, 1997 /Rules and Regulations 49937

58093, October 28, 1993), or special

considerations as required by Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994), or require OMB review in

accordance with Executive Order 13045,

entitled Protection of Children from

Environmental Health Risks and Safety

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

In addition, since these tolerances and

exemptions that are established under

FFDCA section 408 (l)(6), such as the

tolerance in this final rule, do not

require the issuance of a proposed rule,

the requirements of the Regulatory

Flexibility Act (RFA) (5 U.S.C. 601 et

seq.) do not apply. Nevertheless, the

Agency has previously assessed whether

establishing tolerances, exemptions

from tolerances, raising tolerance levels

or expanding exemptions might

adversely impact small entities and

concluded, as a generic matter, that

there is no adverse economic impact.

The factual basis for the Agency’s

generic certification for tolerance

acations published on May 4, 1981 (46

FR 24950), and was provided to the

Chief Counsel for Advocacy of the Small

Business Administration.

X. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

Agency has submitted 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 General

Accounting Office prior to publication

of this rule in today’s Federal Register.

This is not a ‘‘major rule’’ as defined by

5 U.S.C. 804(2).

List of Subjects

40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

40 CFR Part 185

Environmental protection, Food

additives, Pesticides and pests.

40 CFR Part 186

Environmental protection, Animal

feeds, Pesticides and pests.

Dated: September 16, 1997.

James Jones,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180—[AMENDED]

1. In part 180:

a. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

b. Section 180.421 is amended as

follows:

i. By adding a heading to paragraph

(a) and designating the existing text as

paragraph (a)(1).

ii. By redesignating paragraph (b) as

paragraph (a)(2) and by adding a new

paragraph (b).

iii. By adding and reserving

paragraphs (c) and (d).

Section 180.421, as amended, reads as

follows:

§ 180.421 Fenarimol; tolerances for

residues.

(a) General. * * *

(b) Section 18 emergency exemptions.

A time-limited tolerance is established

for residues of the fungicide fenarimol

in connection with use of the pesticide

under section 18 emergency exemptions

granted by EPA. The tolerance will

expire and be revoked on the date

specified in the following table:

Commodity Parts per million Expiration/Revocation Date

Hops .................................................................................................... 5 December 31, 1998

(c) Tolerances with regional

registrations. [Reserved]

(d) Indirect or inadvertent residues.

[Reserved]

PART 185—[AMENDED]

2. In part 185:

a. The authority citation for part 185

continues to read as follows:

Authority: 21 U.S.C. 346a and 348.

§ 185.3200 [Removed]

b. In § 185.3200:

i. The entries in the table are

transferred and alphabetically added to

the table in paragraph (a)(2) of

§ 180.421.

ii. The remainder of § 185.3200 is

removed.

PART 186—[AMENDED]

3. In part 186:

a. The authority citation for part 186

continues to read as follows:

Authority: 21 U.S.C. 342, 348, and 701.

§ 186.3200 [Removed]

b. In § 186.3200:

i. The entry in the table of paragraph

(a) is transferred and alphabetically

added to the table in paragraph (a)(1) of

§ 180.421.

ii. The entries in the table of

paragraph (b) are transferred and

alphabetically added to the table in

paragraph (a)(2) of § 180.421.

iii. The remainder of § 186.3200 is

removed.

[FR Doc. 97–25235 Filed 9-23-97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 473

[BPD–453–CN]

Rin 0938–AG18

Medicare Program; Medicare Appeals

of Individual Claims; Correction

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Correction to final regulation.

SUMMARY: In the May 12, 1997 issue of

the Federal Register, we published a

regulation titled, ‘‘Medicare Appeals of

Individual Claims, BPD–453–FC.’’ That

final rule concerned individual claims

appeals under part A and part B. We

made an error in that regulation and this

document corrects that error.
49938 Federal Register / Vol. 62, No. 185 /Wednesday, September 24, 1997 /Rules and Regulations

EFFECTIVE DATES: This correction is

effective June 11, 1997.

FOR FURTHER INFORMATION CONTACT:

Morton Marcus, (410) 786–4477.

SUPPLEMENTARY INFORMATION:

Background

On May 12, 1997 (62 FR 25844) we

published a final rule with comment

period that expanded our regulations to

recognize the right of Medicare Part B

appellants to a hearing before an

administrative law judge (ALJ) for

claims if at least $500 remains in

dispute and the right to judicial review

of an adverse ALJ decision if at least

$1,000 remains in controversy. That rule

also codified limitations on the review

by ALJs and the courts of certain

national coverage determinations and

the statutory authority for an expedite

appeals process under part A and part

B. Finally, we made a number of

technical conforming amendments.

Need for Correction

On page 25855, in the second and

third columns we provided a number of

technical amendments. Amendment

number 8, beginning at the bottom of

column 2, was intended to correct

wording in § 473.38 which concerns

Peer Review Organization reconsidered

decisions. Amendment 8(b) incorrectly

calls for deletions of a phrase from

paragraph (a) of § 473.38, whereas the

phrase actually occurs in the

undesignated introductory material of

that section. Accordingly, we are

making the following correction to

document 97–12263 appearing in the

Federal Register of May 12, 1997.

§ 473.38 [Corrected]

On page 25855 the first two lines of

column 3 are corrected to read as

follows:

‘‘(b) In the undesignated introductory

material, the words ‘final and’ are

removed.’’

* * * * *

(Catalog of Federal Domestic Assistance

Program No. 93.778, Medical Assistance

Program; No. 93.773 Medicare—Hospital

Insurance Program; and No. 93.774,

Medicare—Supplementary Medical

Insurance Program)

Dated: September 18, 1997.

Neil J. Stillman,

Deputy Assistant Secretary for Information

Resource Management.

[FR Doc. 97–25344 Filed 9–23–97; 8:45 am]

BILLING CODE 4120–01–M

NATIONAL SCIENCE FOUNDATION

45 CFR Part 650

Minor Amendments To Rule on

Inventions and Patents Resulting From

Grants, Cooperative Agreements, and

Contracts

AGENCY: National Science Foundation.

ACTION: Final rule with request for

comments.

SUMMARY: This action amends the NSF

Patents regulation to permit grantee to

use an electronic reporting and

management system for inventions

made with NSF assistance.

DATES: This revision is effective

September 24, 1997. Comments,

however, are welcome and will be

considered in making future revisions.

ADDRESSES: All comments should be

addressed to: NSF Patent Assistant,

Office of the General Counsel, National

Science Foundation 4201 Wilson

Boulevard, Arlington, VA 22230.

FOR FURTHER INFORMATION CONTACT:

Teresa L. Hamm-Wooten, NSF Patent

Assistant, on (703) 306–1060 (voice),

(703) 306–0149 (facsimile), or

patents@nsf.gov.

SUPPLEMENTARY INFORMATION: This

amendment revises the current NSF

patent regulation published as part 650

of title 45 of the Code of Federal

Regulations to permit NSF grantees to

use the Edison Invention Information

Management System maintained by the

National Institutes of Health to handle

NSF-assisted inventions. The only

change for grantees who do not choose

to use Edison is that they will be

required to submit to the NSF Patent

Assistant a copy of the page of the

United States patent application that

contains the Federal support clause

required by paragraph (f)(4) of the

standard Patent Rights clause in section

650.4(a) along with a confirmation of

the Government license instead of being

required to provide a copy of the entire

patent when it issues. That change is

being made (1) to conform the

Foundation’s reporting requirement to

those of the National Institutes of Health

and (2) because the availability of

searchable on-line patent databases has

eliminated the need for the Foundation

to have paper copies of patents issued

on NSF subject inventions.

Determinations

I have determined, under the criteria

set forth in Executive Order 12866, that

this rule is not a significant regulatory

action requiring review by the Office of

Information and Regulatory Affairs. I

also certify, pursuant to the

requirements of the Regulatory

Flexibility Act, 5 U.S.C. Secs. 601–612,

that none of the changes made by this

rule will have a significant economic

impact on any small entities. Finally, I

have reviewed this rule in light of

section 2 of Executive Order 12778 and

certify for the National Science

Foundation that this rule meets the

applicable standards provided in

sections 2(a) and 2(b) of that order.

List of Subjects in 45 CFR Part 650

Government procurement, Grant

programs—science and technology,

Inventions and patents, Nonprofit

organizations, Small businesses.

Lawrence Rudolph,

General Counsel.

Accordingly, Title 45 of the Code of

Federal Regulations part 650 is

amended as follows:

PART 650—PATENTS

1. The authority citation for Part 650

continues to read as follows:

Authority: 35 U.S.C. 200–212; 42 U.S.C.

1870(e) and 1871; and the Presidential

Memorandum entitled ‘‘Government Patent

Policy’’, issued February 18, 1983.

§ 650.4 [Amended]

2. The Patent Rights clause set forth

in § 650.4(a) is amended:

A. By replacing ‘‘APRIL, 1992’’ in its

heading with ‘‘SEPTEMBER, 1997’’;

B. By adding between the words

‘‘Government’’ and ‘‘within’’ the phrase

‘‘and the page of a United States patent

application that contains the Federal

support clause’’ in paragraph (f)(5); and

C. By removing paragraph (f)(6).

3. The following new § 650.19 is

added:

§ 650.19 Electronic invention handling.

(a) Grantees are encouraged to use the

Edison Invention Information

Management System maintained by the

National Institutes of Health to disclose

NSF subject inventions. Detailed

instructions for use of that system are

provided at http://era.info.nih.gov/

Edison/ and should be followed for NSF

subject inventions except that:

(1) All written communications

required should be addressed to the

Patent Assistant, Office of the General

Counsel, National Science Foundation,

4201 Wilson Boulevard, Arlington, VA

22230.

(2) NSF does not require either an

Annual Utilization Report or a Final

Invention Statement and Certification.