Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Rules and Regulations 56105

will also include all comments

submitted directly in writing. The

official rulemaking record is the paper

record maintained at the Virginia

address in ‘‘ADDRESSES’’ at the

beginning of this document.

XIII. Regulatory Assessment

Requirements

This final rule establishes an

exemption from the tolerance

requirement under FFDCA section

408(d) in response to a petition

submitted to the Agency. The Office of

Management and Budget (OMB) has

exempted these types of actions from

review under Executive Order 12866,

entitled Regulatory Planning and

Review (58 FR 51735, October 4, 1993).

This final rule does not contain any

information collections subject to OMB

approval under the Paperwork

Reduction Act (PRA), 44 U.S.C. 3501 et

seq., or impose any enforceable duty or

contain any unfunded mandate as

described under Title II of the Unfunded

Mandates Reform Act of 1995 (UMRA)

(Pub. L. 104–4). Nor does it require any

prior consultation as specified by

Executive Order 12875, entitled

Enhancing the Intergovernmental

Partnership (58 FR 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 tolerance

exemptions that are established on the

basis of a petition under FFDCA section

408(d), such as the exemption 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 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 actions published on May 4,

1981 (46 FR 24950), and was provided

to the Chief Counsel for Advocacy of the

Small Business Administration.

XIV. 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 the rule in today’s Federal Register.

This is not a major rule as defined by

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

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: October 21, 1997.

Stephen L. Johnson,

Acting Director, Office of Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

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

2. Section 180.1191 is added to

subpart D to read as follows:

§ 180.1191 Ferric phosphate; exemption

from the requirement of a tolerance.

An exemption from the requirement

of a tolerance is established for residues

of the biochemical pesticide, ferric

phosphate (FePO4, CAS No. 11045–86–

0) in or on all food commodities.

[FR Doc. 97–28657 Filed 10–28–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5914–3]

National Oil and Hazardous

Substances Contingency Plan;

National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the Bowers

Landfill Superfund Site from the

National Priorities List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

the Bowers Landfill Superfund Site in

Ohio from the National Priorities List

(NPL). The NPL is Appendix B of 40

CFR part 300 which is the National Oil

and Hazardous Substances Contingency

Plan (NCP), which EPA promulgated

pursuant to section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended.

This action is being taken by EPA and

the State of Ohio, because it has been

determined that Responsible Parties

have implemented all appropriate

response actions required. Moreover,

EPA and the State of Ohio have

determined that remedial actions

conducted at the site to date remain

protective of public health, welfare, and

the environment.

EFFECTIVE DATE: October 29, 1997.

FOR FURTHER INFORMATION CONTACT:

David Wilson (312) 886–1476 (SR–6J),

Remedial Project Manager or Gladys

Beard at (312) 886–7253, Associate

Remedial Project Manager, Superfund

Division, U.S. EPA—Region V, 77 West

Jackson Blvd., Chicago, IL 60604.

Information on the site is available at

the local information repository located

at: Pickaway County Public Library, 165

E. Main Street, Circleville, OH 43113.

Requests for comprehensive copies of

documents should be directed formally

to the Regional Docket Office. The

contact for the Regional Docket Office is

Jan Pfundheller (H–7J), U.S. EPA,

Region V, 77 W. Jackson Blvd., Chicago,

IL 60604, (312) 353–5821.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Bowers

Landfill Superfund Site located in

Pickaway County, Ohio. A Notice of

Intent to Delete for this site was

published September 10, 1997 (62 FR

47619). The closing date for comments

on the Notice of Intent to Delete was

October 9, 1997. EPA received no

comments and therefore no

Responsiveness Summary was prepared.

The EPA identifies sites which appear

to present a significant risk to public

health, welfare, or the environment and

it maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of Hazardous Substance

Response Trust Fund (Fund-) financed

remedial actions. Any site deleted from

the NPL remains eligible for Fundfinanced remedial actions in the

unlikely event that conditions at the site

warrant such action. Section

300.425(e)(3) of the NCP states that

Fund-financed actions may be taken at

sites deleted from the NPL in the

unlikely event that conditions at the site

warrant such action. Deletion of a site

from the NPL does not affect responsible

party liability or impede agency efforts

to recover costs associated with

response efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous
56106 Federal Register / Vol. 62, No. 209 / Wednesday, October 29, 1997 / Rules and Regulations

substances, Hazardous Waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: October 17, 1997.

David Ullrich,

Acting Regional Administrator, U.S. EPA,

Region V.

40 CFR part 300 is amended as

follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,

1991 Comp.; p. 351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp.; p. 193.

Appendix B—[Amended]

2. Table 1 of Appendix B to part 300

is amended by removing the Site

‘‘Bowers Landfill, Circleville County,

Ohio.’’

[FR Doc. 97–28552 Filed 10–28–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5914–4]

National Oil and Hazardous

Substances Contingency Plan;

National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the

Northern Engraving Corporation

Superfund Site from the National

Priorities List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

the Northern Engraving Corporation

Superfund Site in Wisconsin from the

National Priorities List (NPL). The NPL

is Appendix B of 40 CFR part 300 which

is the National Oil and Hazardous

Substances Contingency Plan (NCP),

which EPA promulgated pursuant to

section 105 of the Comprehensive

Environmental Response,

Compensation, and Liability Act of 1980

(CERCLA), as amended. This action is

being taken by EPA and the State of

Wisconsin, because it has been

determined that Responsible Parties

have implemented all appropriate

response actions required. Moreover,

EPA and the State of Wisconsin have

determined that remedial actions

conducted at the site to date remain

protective of public health, welfare, and

the environment.

EFFECTIVE DATE: October 29, 1997.

FOR FURTHER INFORMATION CONTACT:

Robert Whippo (312) 886–1476 (SR–6J),

Remedial Project Manager or Gladys

Beard at (312) 886–7253, Associate

Remedial Project Manager, Superfund

Division, U.S. EPA—Region V, 77 West

Jackson Blvd., Chicago, IL 60604.

Information on the site is available at

the local information repository located

at: Sparta Free Library, W. Main & Court

Sts., Sparta, WI 54656. Requests for

comprehensive copies of documents

should be directed formally to the

Regional Docket Office. The contact for

the Regional Docket Office is Jan

Pfundheller (H–7J), U.S. EPA, Region V,

77 W. Jackson Blvd., Chicago, IL 60604,

(312) 353–5821.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Northern

Engraving Corporation Superfund Site

located in Sparta, Wisconsin. A Notice

of Intent to Delete for this site was

published September 11, 1997 (62 FR

47784). The closing date for comments

on the Notice of Intent to Delete was

October 10, 1997. EPA received no

comments and therefore no

Responsiveness Summary was prepared.

The EPA identifies sites which appear

to present a significant risk to public

health, welfare, or the environment and

it maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of Hazardous Substance

Response Trust Fund (Fund-) financed

remedial actions. Any site deleted from

the NPL remains eligible for Fundfinanced remedial actions in the

unlikely event that conditions at the site

warrant such action. Section

300.425(e)(3) of the NCP states that

Fund-financed actions may be taken at

sites deleted from the NPL in the

unlikely event that conditions at the site

warrant such action. Deletion of a site

from the NPL does not affect responsible

party liability or impede agency efforts

to recover costs associated with

response efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous Waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: October 17, 1997.

David Ullrich,

Acting Regional Administrator, U.S. EPA,

Region V.

40 CFR part 300 is amended as

follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,

1991 Comp.; p. 351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp.; p. 193.

Appendix B—[Amended]

2. Table 1 of Appendix B to part 300

is amended by removing the Site

‘‘Northern Engraving Co., Sparta,

Wisconsin.’’

[FR Doc. 97–28551 Filed 10–28–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 489

[BPD–748–F]

RIN 0938–AG03

Medicare Program; Changes in

Provider Agreement Regulations

Related to Federal Employees Health

Benefits

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Final rule.

SUMMARY: This final rule makes two

changes to Medicare’s provider

agreement regulations concerning

payment for inpatient hospital services

furnished to retired enrollees of fee-forservice Federal Employees Health

Benefits (FEHB) plans who do not have

Medicare Part A coverage. The first

change specifies that payment for

inpatient hospital services furnished to

retired Federal workers age 65 or older

who are enrolled in a fee-for-service

FEHB plan but are not covered under

Medicare Part A is limited to a payment

amount that approximates the Medicare

diagnosis-related group payment rates

established under Medicare’s inpatient

hospital prospective payment system.

The second change specifies that

HCFA will consider termination or

nonrenewal of a hospital’s provider

agreement with Medicare if a hospital

knowingly and willfully fails to accept,

on a repeated basis, the Medicare rate as

payment in full for inpatient hospital

services provided to a retired Federal

worker who is enrolled in a fee-forservice FEHB plan and who does not

have Medicare Part A coverage.

This final rule implements section

7002(f) of the Omnibus Budget

Reconciliation Act of 1990.