58224 Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Rules and Regulations

(i) That a clemency petition has been

filed;

(ii) That the victim may submit

comments regarding clemency; and

(iii) Whether the clemency request

ultimately is granted or denied by the

President.

(2) In determining whether contacting

the victim is warranted, the Attorney

General shall consider the seriousness

and recency of the offense, the nature

and extent of the harm to the victim, the

defendant’s overall criminal history and

history of violent behavior, and the

likelihood that clemency could be

recommended in the case.

(3) For the purposes of this paragraph

(b), ‘‘victim’’ means an individual who:

(i) Has suffered direct or threatened

physical, emotional, or pecuniary harm

as a result of the commission of the

crime for which clemency is sought (or,

in the case of an individual who died or

was rendered incompetent as a direct

and proximate result of the commission

of the crime for which clemency is

sought, one of the following relatives of

the victim (in order of preference): the

spouse; an adult offspring; or a parent);

and

(ii) Has on file with the Federal

Bureau of Prisons a request to be

notified pursuant to 28 CFR 551.152 of

the offender’s release from custody.

(4) For the purposes of this paragraph

(b), ‘‘reasonable effort’’ is satisfied by

mailing to the last-known address

reported by the victim to the Federal

Bureau of Prisons under 28 CFR

551.152.

(5) The provisions of this paragraph

(b) apply to clemency cases filed on or

after September 28, 2000.

(c) The Attorney General shall review

each petition and all pertinent

information developed by the

investigation and shall determine

whether the request for clemency is of

sufficient merit to warrant favorable

action by the President. The Attorney

General shall report in writing his or her

recommendation to the President,

stating whether in his or her judgment

the President should grant or deny the

petition.

Dated: August 9, 2000.

Janet Reno,

Attorney General.

Approved: September 15, 2000.

William J. Clinton,

President.

[FR Doc. 00–24750 Filed 9–27–00; 8:45 am]

BILLING CODE 4410–29–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

RIN 0720–AA49

Civilian Health and Medical Program of

the Uniformed Service (CHAMPUS);

Prosthetic Devices

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

SUMMARY: This final rule implements

Section 702 of the National Defense

Authorization Act for Fiscal Year 1998,

which authorizes purchase of prosthetic

devices, as determined by the Secretary

of Defense, to be necessary because of

significant conditions resulting from

trauma, congenital anomalies, or

disease. The Act changes the existing

limited provisions for prosthetic

devices, expanding coverage to include

the cost sharing of other prostheses, e.g.,

noses, ears and fingers.

DATES: This rule is effective May 20,

1999.

ADDRESSES: The Office of TRICARE

Management Activity, 16401 East

Centretech Parkway, Aurora, CO 80011–

9043.

FOR FURTHER INFORMATION CONTACT:

Margaret Brown, Office of Medical

Benefits and Reimbursement Systems,

telephone (303) 676–3581.

SUPPLEMENTARY INFORMATION: This final

rule implements section 702 of the

National Defense Authorization Act for

Fiscal Year 1998 (Pub. L. 105–85) to

provide purchase of prosthetic devices,

as determined by the Secretary of

Defense, to be necessary because of

significant conditions resulting from

trauma, congenital anomalies, or

disease. The current policy is restrictive

as it limits purchase of prosthetic

devices to artificial limbs, eyes, and

voice prostheses. This final rule

expands provisions for prosthetic

devices to include ears, noses and

fingers. It is being published to confirm

that the interim final rule, which was

published August 20, 1999, is adopted

as a final rule without change.

Comments Received

It was recommended that we remove

the parenthetical phrase (See House

Conference Report 103, 340, p. 300)

from Regulatory Procedures. Comments

were adopted and the deletion was

made.

Regulatory Procedure

Executive order 12866 requires

certain regulatory assessments for any

significant regulatory action defined as

one which would result in an annual

effect on the economy of $100 million

or more, or have other substantial

impacts. The Regulatory Flexibility Act

(RFA) requires that each Federal agency

prepare, and make available for public

comment, a regulatory flexibility

analysis when the agency issues a

regulation which would have a

significant impact on a substantial

number of small entities. This final rule

is not a significant regulatory action

under E.O. 12886, nor would it have a

significant impact on small entities. The

changes set forth in the final rule are

minor revisions to the existing

regulation.

Regulatory Planning and Review

The final rule will not impose

additional information collection

requirements on the public under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3511). This rule is being

issued to confirm that the interim rule

published August 20, 1999 (64 FR

45453) is final and does not include

further amendments.

List of Subject in 32 CFR Part 199

Claims, Handicapped, Health

insurance, Individuals with disabilities,

Military personnel.

Accordingly, the interim rule

amending 32 CFR 199, as published

August 20, 1999, is adopted as a final

rule without change as follows:

PART 199—[AMENDED]

1. The authority citation for part 199

continues to read as follows:

Authority: 5 U.S.C. 301; and 10 U.S.C.

Chapter 55.

2. Section 199.4 is amended by

revising paragraph (d)(3)(vii) and (g)(48)

to read as follows:

§ 199.4 Basic program benefits.

* * * * *

(d) * * *

(3) * * *

(vii) Prosthetic devices. The purchase

of prosthetic devices is limited to those

determined by the Director,

OCHAMPUS to be necessary because of

significant conditions resulting from

trauma, congenital anomalies, or

disease.

(g) * * *

(48) Prosthetic devices. Prostheses

other than those determined by the

Director, OCHAMPUS to be necessary

because of significant conditions

resulting from trauma, congenital

anomalies, or disease. All dental

prostheses are excluded, except for

those specifically required in

Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Rules and Regulations 58225

connection with otherwise covered

orthodontia directly related to the

surgical correction of a cleft palate

anomaly.

* * * * *

Dated: September 18, 2000.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 00–24495 Filed 9–27–00; 8:45 am]

BILLING CODE 5001–10–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6877–4]

National Priorities List for Uncontrolled

Hazardous Waste Sites

AGENCY: Environmental Protection

Agency.

ACTION: Final rule; notice of vacatur.

SUMMARY: The Comprehensive

Environmental Response,

Compensation, and Liability Act of 1980

(‘‘CERCLA’’ or ‘‘the Act’’), as amended,

requires that the National Oil and

Hazardous Substances Pollution

Contingency Plan (‘‘NCP’’) include a list

of national priorities among the known

releases or threatened releases of

hazardous substances, pollutants, or

contaminants throughout the United

States. The National Priorities List

(‘‘NPL’’) constitutes this list. The NPL is

intended primarily to guide the

Environmental Protection Agency

(‘‘EPA’’ or ‘‘the Agency’’) in determining

which sites warrant further

investigation to assess the nature and

extent of public health and

environmental risks associated with the

site and to determine what CERCLAfinanced remedial action(s), if any, may

be appropriate. On October 22, 1999, the

EPA promulgated a final rule adding the

Georgia-Pacific Corporation Hardwood

Sawmill site, located in Plymouth,

North Carolina, to the NPL. EPA today

is announcing the vacatur of the listing

of the Georgia-Pacific Hardwood

Sawmill site to the NPL and is

amending the NPL at 40 CFR part 300,

appendix B, to delete the site from the

NPL in accordance with an order issued

by the United States Court of Appeals

for the District of Columbia Circuit (D.C.

Cir.) in Georgia-Pacific Corporation v.

EPA (No. 00–1014).

EFFECTIVE DATE: The effective date for

this amendment to the NCP is

September 28, 2000.

ADDRESSES: For addresses for the

Headquarters and regional docket, as

well as further details on the contents of

these dockets, section II, ‘‘Availability of

Information to the Public,’’ in the

SUPPLEMENTARY INFORMATION portion of

this preamble.

FOR FURTHER INFORMATION CONTACT:

Barbara Vandermer, phone (703) 603–

9018, State, Tribal, and Site

Identification Center, Office of

Emergency and Remedial Response

(mail code 5204G), U.S. Environmental

Protection Agency, 1200 Pennsylvania

Avenue NW., Washington, DC 20460; or

contact the Superfund Hotline, phone

(800) 424–9346 or (703) 412–9810 in the

Washington, DC, metropolitan area.

SUPPLEMENTARY INFORMATION: The court

order vacating the listing determination

will be added to final docket NPL–

FRU26 (10/21/99).

Table of Contents

I. Background

II. Availability of Information to the Public

III. Contents of This Final Rule

IV. Good Cause Exemption From Notice and

Comment Rulemaking

V. Administrative Assessments

I. Background

On October 22, 1999, the EPA

promulgated a final rule adding the

Georgia-Pacific Corporation Hardwood

Sawmill site to the National Priorities

List (NPL) (64 FR 56966). On January

18, 2000, Georgia-Pacific filed a petition

for review of that rule in the United

States Court of Appeals for the District

of Columbia Circuit (D.C. Circuit). EPA

and Georgia-Pacific subsequently filed a

joint motion requesting that the D.C.

Circuit enter a judgment vacating EPA’s

listing decision and an order

suspending further briefing and

argument in the case. The Court granted

the joint motion on August 21, 2000.

Today’s rulemaking formally removes

the Georgia-Pacific Hardwood Sawmill

site from the NPL in accordance with

the D.C. Circuit’s order.

II. Availability of Information to the

Public

A. Can I Review the Documents

Relevant to This Final Rule?

Yes, documents relating to the

evaluation and scoring of the site in this

final rule are contained in dockets

located both at EPA Headquarters and in

the regional office in Atlanta, Georgia.

B. What Documents Are Available for

Review at the Headquarters Docket?

The Headquarters docket for this rule

contains the HRS score sheets, the

documentation record describing the

information used to compute the score,

pertinent information regarding

statutory requirements or EPA listing

policies that affect the site, and a list of

documents referenced in the

documentation record. The

Headquarters docket also contains

comments received, and the Agency’s

responses to those comments. The

Agency’s responses are contained in the

‘‘Support Document for the Revised

National Priorities List Final Rule—

October 1999.’’

C. What Documents Are Available for

Review at the Regional Docket?

The regional docket contains all the

information in the Headquarters docket

plus the actual reference documents

containing the data principally relied

upon by EPA in calculating or

evaluating the HRS score for the site.

These reference documents are available

only in the regional docket.

D. How Do I Access the Documents?

You may view the documents, by

appointment only, after the publication

of this document. The hours of

operation for the Headquarters docket

are from 9 a.m. to 4 p.m., Monday

through Friday, excluding Federal

holidays. Contact information for the

EPA Headquarters: Docket Coordinator,

Headquarters, U.S. EPA CERCLA Docket

Office, Crystal Gateway #1, 1st Floor,

1235 Jefferson Davis Highway,

Arlington, VA 22202, phone (703) 603–

8917.

The contact for the regional docket is

Joellen O’Neill, Region 4 (AL, FL, GA,

KY, MS, NC, SC, TN), U.S. EPA, 61

Forsyth Street, SW, 9th floor, Atlanta,

GA 30303; phone (404) 562–8127.

Please contact the regional docket for

hours.

E. How Can I Obtain a Current List of

NPL Sites?

You may obtain a current list of NPL

sites via the Internet at http://

www.epa.gov/superfund/ (look under

site information category) or by

contacting the Superfund docket (see

contact information above).

III. Contents of This Final Rule

This rule deletes the Georgia-Pacific

Corporation Hardwood Sawmill site

from the General Superfund Section of

the NPL.

IV. Good Cause Exemption From Notice

and Comment Rulemaking

The Administrative Procedure Act

generally requires agencies to provide

prior notice and opportunity for public

comment before issuing a final rule (5

U.S.C. 553(b)). Rules are exempt from

this requirement if the issuing agency

finds for good cause that notice and