Federal Register / Vol. 62, No. 35 / Friday, February 21, 1997 / Rules and Regulations 7945

Information submitted in connection

with an objection or hearing request

may be claimed confidential by marking

any part or all of that information as

CBI. Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the information that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

may be disclosed publicly by EPA

without prior notice.

VII. Public Docket

A record has been established for this

rulemaking under docket number [OPP300449]. A public version of this record,

which does not include any information

claimed as CBI, is available for

inspection from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays. The public record is located in

Room 1132 of the Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, Crystal Mall #2,

1921 Jefferson Davis Highway,

Arlington, VA. EPA has also established

a special record for post-FQPA

tolerances which contains documents of

general applicability. This record can be

found in the same location.

The official record for this

rulemaking, as well as the public

version, as described above, is kept in

paper form. Accordingly, in the event

there are objections and hearing

requests, EPA will transfer any copies of

objections and hearing requests received

electronically into printed, paper form

as they are received and will place the

paper copies in the official rulemaking

record The official rulemaking record is

the paper record maintained at the

address in ‘‘ADDRESSES’’ at the

beginning of this document.

VIII. Regulatory Assessment

Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to review by the Office of

Management and Budget (OMB) and the

requirements of the Executive Order.

Under section 3(f), the order defines ‘‘a

significant regulatory action’’ as an

action that is likely to result in a rule:

(1) Having an annual effect on the

economy of $100 million or more, or

adversely and materially affecting a

sector of the economy, productivity,

competition, jobs, the environment,

public health or safety, or State, local or

tribal governments or communities (also

referred to as ‘‘economically

significant’’); (2) creating serious

inconsistency or otherwise interfering

with an action taken or planned by

another agency; (3) materially altering

the budgetary impacts of entitlement,

grants, user fees, or loan programs or the

rights and obligations thereof; or (4)

raising novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in this Executive Order.

Pursuant to the terms of this Executive

Order, EPA has determined that this

rule is not ‘‘significant’’ and is therefore

not subject to OMB review.

This action does not impose any

enforceable duty, or contain any

‘‘unfunded mandates’’ as described in

the Unfunded Mandates Reform Act of

1995 (Pub. L. 104–4), or require prior

consultation as specified by Executive

Order 12875 (58 FR 58093, October 28,

1993), or special considerations as

required by Executive Order 12898 (59

FR 7629, February 16, 1994).

Because tolerances established on the

basis of a petition under section 408(d)

of FFDCA do not require issuance of a

proposed rule, the regulatory flexibility

analysis requirements of the Regulatory

Flexibility Act (RFA), 5 U.S.C. 604(a),

do not apply. Prior to the recent

enactment of the FFDCA, EPA had

treated such rulemakings as subject to

the RFA; however, the amendments to

the FFDCA clarify that no proposal is

required for such rulemakings and

hence the RFA is inapplicable.

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

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 rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(a).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: February 14, 1997.

Peter Caulkins,

Director, Registration Division, 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. By revising § 180.460 to read as

follows:

§ 180.460 Benoxacor; tolerances for

residues.

Tolerances are established for

residues of the inert ingredient (safener)

benoxacor (4-(dichloroacetyl)-3,4-

dihydro-3-methyl-2H-1,4-benzoxazine)

when used in pesticide formulations

containing metolachlor in or on raw

agricultural commodities for which

tolerances have been established for

metolachlor. These tolerances expire on

February 14, 1998.

[FR Doc. 97–4495 Filed 2–20–97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 410 and 415

[BPD–852–CN]

RIN 0938–AH40

Medicare Program; Revisions to

Payment Policies and Five-Year

Review of and Adjustments to the

Relative Value Units Under the

Physician Fee Schedule for Calendar

Year 1997; Correction

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Correction of final rule with

comment period.

SUMMARY: This document corrects

technical errors that appeared in the

final rule with comment period

published in the Federal Register on

November 22, 1996 entitled ‘‘Medicare

Program; Revisions to Payment Policies

and Five-Year Review of and

Adjustments to the Relative Value Units

Under the Physician Fee Schedule for

Calendar Year 1997.’’

EFFECTIVE DATE: January 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Stanley Weintraub, (410) 786–4498.

SUPPLEMENTARY INFORMATION:

Background

In the Federal Register Document

dated November 22, 1996, there were a

number of technical errors. In

Addendum B, beginning on page 59595,

we inadvertently printed incorrect

information for certain codes. The

corrections appear in this document

under the heading ‘‘Correction of

Errors.’’
7946 Federal Register / Vol. 62, No. 35 / Friday, February 21, 1997 / Rules and Regulations

Correction of Errors

In FR Doc. 96–29558 of November 22,

1996 (61 FR 59490), make the following

corrections:

Pages 59595 through 59702, Addendum

B

Entries on the pages listed below for

the codes listed are corrected as follows:

on page 59595, for CPT codes 38230

through 38241; page 59672 for CPT code

90901; page 59693 for HCPCS code

A9503; page 59701 for HCPCS codes

G0053 and G0084; and page 59702 for

HCPCS codes G0089 through G0094 and

J0270.

CPT 1

HCPCS2 MOD Status Description

Physician

work

RVUs 3

Practice expense

RVUs

Malpractice

RVUs Total Globalperiod Update

* * * * * * *

38230 ..... ................ R Bone marrow collection.4.22 2.78 0.21 7.21 010 N

38231 ..... ................ R Stem cell collection .. 1.50 1.37 0.08 2.95 000 N

38240 ..... ................ R Bone marrow/stem

transplant.

2.24 2.08 0.14 4.46 XXX N

38241 ..... ................ R Bone marrow/stem

transplant.

2.24 2.04 0.13 4.41 XXX N

* * * * * * *

90901 ..... ................ A Biofeedback, any

method.

0.41 0.97 0.07 1.45 000 N

* * * * * * *

A9503 .... ................ E Technetium TC 99

medronate.

0.00 0.00 0.00 0.00 XXX 0

* * * * * * *

G0053 .... ................ A Destruction of add’l

lesions.

3.05 2.25 0.20 5.50 010 S

* * * * * * *

G0084 .... ................ A Psychotherapy, inpt,

with E/M.

1.65 0.35 0.05 2.05 XXX N

* * * * * * *

G0089 .... ................ A Psychotherapy, inpt,

no E/M.

1.33 0.59 0.09 2.01 XXX N

G0090 .... ................ A Psychotherapy, inpt,

with E/M.

1.77 0.59 0.09 2.45 XXX N

G0091 .... ................ A Psychotherapy, inpt,

no E/M.

2.08 0.59 0.09 2.76 XXX N

G0092 .... ................ A Psychotherapy, inpt,

with E/M.

2.41 0.59 0.09 3.09 XXX N

G0093 .... ................ A Psychotherapy, inpt,

no E/M.

3.32 0.59 0.09 4.00 XXX N

G0094 .... ................ A Psychotherapy, inpt,

with E/M.

3.80 0.59 0.09 4.48 XXX N

* * * * * * *

J0270 ..... ................ E Alprostadil for injection.0.00 0.00 0.00 0.00 XXX 0

1All CPT codes and descriptors copyright 1996 American Medical Association.

2 Copyright 1994 American Dental Association. All rights reserved.

3 Indicates RVUs are not used for Medicare payment.

(Sec. 1848 of the Social Security Act (42

U.S.C. 1395w–4))

(Catalog of Federal Domestic Assistance

Program No. 93.774, Medicare—

Supplementary Medical Insurance Program)

Dated: February 12, 1997.

Neil J. Stillman,

Deputy Assistant Secretary for Information

Resources Management.

[FR Doc. 97–4288 Filed 2–20–97; 8:45 am]

BILLING CODE 4120–01–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 199

[Docket No. PS–152; Amendment 199–14]

RIN 2137–AC95

Reporting of Drug and Alcohol Testing

Results

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Confirmation of direct final rule.

SUMMARY: This document confirms the

effective date of the direct final rule that

amends the Drug and Alcohol Testing

Rules to allow the optional reporting of

drug and alcohol testing results to RSPA

by computer disk.

EFFECTIVE DATE: The direct final rule

published on December 12, 1996 at 61

FR 65364 is effective April 11, 1997.