Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules 63689

ANCHORAGE CARBON MONOXIDE EXCEEDANCES OF THE 8-HOUR STANDARD—1996

Monitoring site

8-hour CO

reading

(PPM)

Date Max 8-hour

reading

Secondmax 8-hour

reading

Number

exceedances

8-hour

standard

Spenard & Benson ......................................................................... 10.1 1/22/96 ............... .................... .................... .....................

9.5 12/27/96 ............. .................... .................... .....................

9.6 12/31/96 ............. .................... .................... .....................

Year—1996 ........ 11.0 9.6 3

Seward Hwy & Benson ................................................................... 10.0 1/22/96 ............... .................... .................... .....................

9.5 12/27/96 ............. .................... .................... .....................

9.5 12/31/96 ............. .................... .................... .....................

Year—1996 ........ 10.8 10.5 3

Because the 1996 exceedances are

valid for use in determining the

attainment status of the Anchorage area,

EPA is proposing to find, based on the

1996 CO violations discussed above,

that the area did not attain the CO

NAAQS by its extension year deadline

of December 31, 1996. If EPA finalizes

this finding, by operation of law

Anchorage will be reclassified a serious

CO nonattainment area.

III. Executive Order (EO) 12866

Under E.O. 12866, 58 FR 51735

(October 4, 1993), EPA is required to

determine whether regulatory actions

are significant and therefore should be

subject to OMB review, economic

analysis, and the requirements of the

Executive Order. The Executive Order

defines a ‘‘significant regulatory action’’

as one that is likely to result in a rule

that may meet at least one of the four

criteria identified in section 3(f),

including, under paragraph (1), that the

rule may ‘‘have an annual effect on the

economy of $100 million or more or

adversely affect, in a material way, the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local or tribal governments or

communities.’’ The Agency has

determined that the finding of failure to

attain proposed today would result in

none of the effects identified in section

3(f). Under section 186(b)(2) of the CAA,

findings of failure to attain and

reclassification of nonattainment areas

are based upon air quality

considerations and must occur by

operation of law in light of certain air

quality conditions. They do not, in and

of themselves, impose any new

requirements on any sectors of the

economy. In addition, because the

statutory requirements are clearly

defined with respect to the differently

classified areas, and because those

requirements are automatically triggered

by classifications that, in turn, are

triggered by air quality values, findings

of failure to attain and reclassification

cannot be said to impose a materially

adverse impact on State, local or tribal

government or communities.

IV. Regulatory Flexibility

Under the Regulatory Flexibility Act,

5 U.S.C. 601 et seq, EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

economic impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000. As

discussed in section III of this notice,

findings of failure to attain and

reclassification of nonattainment areas

under section 186(b)(2) of the CAA do

not in and of themselves create any new

requirements. Therefore, I certify that

today’s proposed action does not have a

significant impact on small entities.

V. Unfunded Mandates

Under sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (Unfunded Mandates Act), signed

into law on March 22, 1995, EPA must

assess whether various actions

undertaken in association with

proposed or final regulations include a

Federal mandate that may result in

estimated costs of $100 million or more

to the private sector, or to State, local or

tribal governments in the aggregate. EPA

believes, as discussed above, that the

proposed finding of failure to attain and

reclassification of the Anchorage

nonattainment area are factual

determinations based upon air quality

considerations and must occur by

operation of law and, hence, do not

impose any Federal intergovernmental

mandate, as defined in section 101 of

the Unfunded Mandates Act.

List of Subjects in 40 CFR Part 81

Environmental protection, Air

pollution control, Carbon monoxide,

Intergovernmental relations.

Authority: 42 U.S.C. 7401–7671q.

Dated: November 12, 1997.

Chuck Clarke,

Regional Administrator.

[FR Doc. 97–30242 Filed 12–1–97; 8:45 am]

BILLING CODE 6560–50–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Office of Inspector General

42 CFR Part 1001

Negotiated Rulemaking Committee on

the Shared Risk Exception; Meetings

AGENCY: Office of Inspector General

(OIG), HHS.

ACTION: Meeting of Negotiated

Rulemaking Committee.

SUMMARY: In accordance with the

Federal Advisory Committee Act, this

document announced the dates and

location for the sixth and seventh set of

meetings by the Negotiated Rulemaking

Committee on the Shared Risk

Exception. The purpose of this

committee is to negotiate the

development of an interim final rule

addressing the shared risk exception to

the Federal health care programs’ antikickback provisions, as statutorilymandated by section 216 of the Health

Insurance Portability and

Accountability Act of 1996.

DATES: The next series of meetings will

be held from 9:00 a.m. to 5:00 p.m. on

December 16, 17 and 18, 1997. The

seventh series of meetings will be held

on January 20, 21 and 22, 1998 from

9:00 a.m. to 5:00 p.m.

ADDRESSES: Both the December and

January meetings will be held at the

Holiday Inn Capitol, 550 C Street, S.W.,

Washington, D.C. 20024.
63690 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules

FOR FURTHER INFORMATION CONTACT:

Inquires regarding these meetings

should be addressed to Joel Schaer, OIG

Regulations Officer, Office of Counsel to

the Inspector General, Room 5518,

Cohen Building, 330 Independence

Avenue, S.W., Washington, D.C. 20201;

or call (202) 619–0089.

SUPPLEMENTARY INFORMATION: The

Negotiated Rulemaking Committee on

the Shared Risk Exception has been

established to provide advice and make

recommendations to the Secretary of

Health and Human Services with

respect to the text or content of an

interim final rule that will establish

standards relating to the exception to

the anti-kickback statute for risk-sharing

arrangements, set forth in section

1128B(b)(3)(F) of the Social Security

Act. The exception was enacted by

section 216 of Pub. L. 104–191, the

Health Insurance Portability and

Accountability Act (HIPAA) of 1996.

Section 216 of HIPAA provides that the

Secretary will promulgate regulations

that establish standards for the

exception using an expedited negotiated

rulemaking process.

During the scheduled December and

January meetings, the committee will

continue to discuss issues relating to the

development of the interim final rule

and to generate and discuss options for

resolving those issues.

The meetings will be open to the

public without advanced registration. A

summary of all proceedings of these

meetings and relevant matters and other

material will also be available for public

inspection at the address listed above

from the hours of 8:30 a.m. to 5:00 p.m.,

or can be accessed through the OIG web

site located at http://www.dhhs.gov/

progorg/oig.

Notice of this meeting is given under

the Federal Advisory Committee Act (5

U.S.C. App. 2).

Dated: November 21, 1997.

June Gibbs Brown,

Inspector General.

[FR Doc. 97–31473 Filed 12–1–97; 8:45 am]

BILLING CODE 4150–04–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–233, RM–9162]

Radio Broadcasting Services; East

Brewton, AL and Navarre, FL

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition for rule making

filed on behalf of 550–AM, permittee of

Station WZEW(FM), Channel 239A, East

Brewton, Alabama, requesting the

substitution of Channel 239C3 for

Channel 239A at East Brewton, the

reallotment of Channel 239C3 to

Navarre, Florida, and modification of its

authorization accordingly, pursuant to

the provisions of Section 1.420(i) of the

Commission’s Rules. Petitioner is

requested to provide additional

information to establish Navarre’s status

as a community for allotment purposes.

Coordinates used for requested Channel

239C3 at Navarre, Florida, are 30–26–52

and 86–51–55.

The petitioner’s modification

proposal complies with the provisions

of Section 1.420(i) of the Commission’s

Rules, and therefore, we will not accept

competing expressions of interest in the

use of Channel 239C3 at Navarre,

Florida, or require the petitioner to

demonstrate the availability of an

additional equivalent class channel.

DATES: Comments must be filed on or

before January 12, 1998, and reply

comments on or before January 27,

1998.

ADDRESSES: Secretary, Federal

Communications Commission,

Washington, DC 20554. In addition to

filing comments with the FCC,

interested parties should serve the

petitioner’s counsel, as follows: William

J. Pennington, Jr., Esq., Post Office Box

403, Westfield, MA 01086.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

97–233, adopted November 12, 1997,

and released November 21, 1997. The

full text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC’s Reference Center (Room 239),

1919 M street, NW., Washington, DC.

The complete text of this decision may

also be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper filing

procedures for comments, See 47 CFR 1.415

and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–31513 Filed 12–1–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 971112269–7269–01; I.D.

102997A]

RIN 0648-AK13

Fisheries of the Exclusive Economic

Zone off Alaska; Revised Management

Authority for Pelagic Shelf Rockfish

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes regulations to

implement Amendment 46 to the

Fishery Management Plan for

Groundfish of the Gulf of Alaska (FMP)

which has been submitted by the North

Pacific Fishery Management Council

(Council) for Secretarial review.

Amendment 46 would remove black

and blue rockfish from the complex of

species managed under the FMP. The

State of Alaska (State) would regulate

fishing for these species by vessels

registered under Alaska law. This action

is necessary to allow the State to

implement more responsive, regionallybased, management of these species

than is currently possible under the

FMP. The intended effect of this action

is to repeal duplicative Federal

regulations, provide for more responsive

State management and prevent localized

overfishing of black and blue rockfish

stocks.

DATES: Comments on the proposed rule

must be received by January 16, 1998.

ADDRESSES: Comments should be

submitted to Chief, Fisheries

Management Division, Alaska Region,

NMFS, P.O. Box 21668, Juneau, AK

99802, Attn: Lori Gravel, or delivered to