Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Proposed Rules 10009

Methylene Diphenyl Diisocyanate

(Polymeric MDI) Aerosol in Rats,’’

Journal of Fundamental and Applied

Toxicology, v. 22, (1994), pp. 195-210.

13. Reuzel, P.G.J., Arts, J.H.E.,

Kuypers, M.H.M., Kuper, C.F., ‘‘Chronic

Toxicity/Carcinogenicity Inhalation

Study of Polymeric Methylene Diphenyl

Diisocyanate Aerosol in Rats (Final

Report),’’ Prepared by Civo Institute for

the International Isocyanate Institute.

Report No. V88.122. (March 1990).

14. Reuzel, P.G.J., Kuper, C.F., Feron,

V.J., Appelman, L.M., Loser, E., ‘‘Acute,

Subacute, and Subchronic Inhalation

Toxicity Studies of Respirable

Polymeric Methylene Diphenyl

Diisocyanate (Polymeric MDI) Aerosol

in Rats,’’ Journal of Fundamental and

Applied Toxicology, v. 22, (1994), pp.

186-194.

15. Vandenplas, O., Malo, J.L., Saetta,

M., Mapp, C.E., Fabbri, L.M.,

‘‘Occupational Asthma and Extrinsic

Alveolitis Due to Isocyanates: Current

Status and Perspective,’’ British Journal

of Industrial Medicine, v. 30, (1993), pp.

213-228.

16. Vandenplas, O., Cartier, A.,

Lesage, J., Cloutier, Y., Perrault, G.,

Grammar, L.C., Shaughnessy, M.A.,

Malo, J.L., ‘‘Prepolymers of

Hexamethylene Diisocyanate as a Cause

of Occupational Asthma,’’ Journal of

Allergy and Clinical Immunology, v. 91,

(1993), pp. 850-861.

VI. Administrative Record

The record supporting this decision is

contained in docket control number

OPPTS–400101. All documents,

including the references listed in Unit

V. of this document and an index of the

docket, are available to the public in the

TSCA Nonconfidential Information

Center (NCIC), also known as the Public

Docket Office, from noon to 4 p.m.,

Monday through Friday, excluding legal

holidays. The TSCA NCIC is located at

EPA Headquarters, Rm. NE-B607, 401 M

St., SW., Washington, DC 20460.

List of Subjects in 40 CFR Part 372

Environmental protection,

Community right-to-know, Reporting

and recordkeeping requirements, and

Toxic chemicals.

Dated: February 20, 1997.

Lynn R. Goldman,

Assistant Administrator for Prevention,

Pesticides and Toxic Substances.

[FR Doc. 97–5307 Filed 3–4–97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

45 CFR Parts 16, 74, 75, and 95

Indirect Cost Appeals

AGENCY: Department of Health and

Human Services (HHS).

ACTION: Notice of Proposed Rulemaking

(NPRM).

SUMMARY: This NPRM would remove the

informal grant appeals procedure for

indirect cost rates and other cost issues.

The regional HHS Divisions of Cost

Allocation have been reorganized into a

new Program Support Center and no

longer report to the Regional Directors,

making the process obsolete. The

Department also sees little value in this

formal appeals process because it

frequently lengthens the time required

for appeals. Deletion of this rule will

reduce internal management regulations

as required by Executive Order 12861.

DATES: Comments must be submitted by

May 5, 1997.

ADDRESSES: Comments must be in

writing and should be mailed or faxed

to Charles Gale, Director, Office of

Grants Management, HHS, Room 517–D,

200 Independence Ave. SW.,

Washington DC 20201; FAX (202) 690–

8772. Written comments may be

inspected at the identified address

during agency business hours from 9:30

a.m. to 5:30 p.m.

FOR FURTHER INFORMATION CONTACT:

Ronald Speck, (202) 401–2751. For the

hearing impaired only: TDD (202) 690–

6415.

SUPPLEMENTARY INFORMATION: We

propose to remove 45 CFR part 75,

‘‘Informal grant appeals procedures,’’

together with all references to it. Part 75

provides for an informal appeals process

to the Regional Directors (prior to formal

appeals under 45 CFR part 16) for

disputes arising from determinations

made by a Director, Division of Cost

Allocation (DCA) in the Department’s

regional offices, concerning indirect cost

rates and certain other cost allocation

plans. The Department’s Divisions of

Cost Allocation have been reorganized

into a new Program Support Center and

no longer report to the Regional

Directors. Consequently the procedures

in part 75 are obsolete.

In addition, experience has shown

that this informal appeals process

actually resolves very few of the covered

disputes, because most of these informal

appeals are subsequently appealed to

the Departmental Appeals Board

established by 45 CFR part 16.

Therefore, this informal appeals process

has the effect of lengthening the total

time required to finally resolve the

subject appeals.

Since the department sees little value

in this informal appeals process, and

this process is obsolete, we propose to

eliminate part 75 and thereby reduce

internal management regulations as

required by Executive Order 12861.

Regulatory Impact Analyses

Executive Order 12866

In accordance with the provisions of

Executive Order 12866, this proposed

rule was not reviewed by the Office of

Management and Budget.

Regulatory Flexibility Act

The Secretary, in accordance with the

Regulatory Flexibility Act (5 U.S.C.

605(b)), has reviewed this proposed rule

before publication and, by approving it,

certifies that it does not have a

significant impact on a substantial

number of small entities.

Paperwork Reduction Act

This proposed rule does not contain

information collection requirements

requiring clearance under the

Paperwork Reduction Act.

List of Subjects in 45 CFR Parts 16, 74,

75, and 95

Accounting, Administrative practice

and procedure, Grant programs—health,

Grant programs—social programs,

Grants administration, Reporting and

recordkeeping requirements.

(Catalog of Federal Domestic Assistance

Number does not apply)

Dated: February 25, 1997.

Donna E. Shalala,

Secretary.

Accordingly, for the reasons set forth

above, it is proposed that title 45 of the

Code of Federal Regulations be

amended as follows:

PART 16—PROCEDURES OF THE

DEPARTMENTAL GRANT APPEALS

BOARD

1. The authority citation for part 16

would continue to read as follows:

Authority: 5 U.S.C. 301 and secs. 1, 5, 6,

and 7 of Reorganization Plan No. 1 of 1953,

18 FR 2053, 67 Stat. 631 and authorities cited

in the Appendix.

§ 16.3 [Amended]

2. Section 16.3 would be amended in

paragraph (c) by removing the words

‘‘and part 75 of this title for rate

determinations and cost allocation

plans’’.
10010 Federal Register / Vol. 62, No. 43 / Wednesday, March 5, 1997 / Proposed Rules

Appendix A to Part 16—[Amended]

3. Section D. of appendix A would be

amended by removing the last sentence.

PART 74—UNIFORM ADMINISTRATIVE

REQUIREMENTS FOR AWARDS AND

SUBAWARDS TO INSTITUTIONS OF

HIGHER EDUCATION, HOSPITALS,

OTHER NONPROFIT ORGANIZATIONS,

AND COMMERCIAL ORGANIZATIONS;

AND CERTAIN GRANTS AND

AGREEMENTS WITH STATES, LOCAL

GOVERNMENTS AND INDIAN TRIBAL

GOVERNMENTS

4. The authority citation for part 74

would continue to read as follows:

Authority: 5 U.S.C. 301; OMB Circular A–

110 (November 29, 1993, 58 FR 62992).

§ 74.62 [Amended]

5. Section 74.62 would be amended in

paragraph (b) by removing the numbers

‘‘16, 75,’’ and adding, in their place, the

number ‘‘16’’.

§ 74.90 [Amended]

6. Section 74.90 would be amended in

paragraph (b) by removing the words

‘‘parts 16 and 75’’ and adding, in their

place, the words ‘‘part 16’’.

PART 75—[REMOVED]

7. Part 75— would be removed.

PART 95—GENERAL

ADMINISTRATION—GRANT

PROGRAMS (PUBLIC ASSISTANCE

AND MEDICAL ASSISTANCE)

8. The authority citation for part 95

would continue to read as follows:

Authority: Sec. 452(a), 83 Stat. 2351, 42

U.S.C. 652(a); sec. 1102, 49 Stat. 647, 42

U.S.C. 1302; sec. 7(b), 68 Stat. 658, 29 U.S.C.

37(b); sec. 139, 84 Stat. 1323, 42 U.S.C.

2577b; sec. 144, 81 Stat. 529, 42 U.S.C. 2678;

sec. 1132, 94 Stat. 530, 42 U.S.C. 1320b–2;

306(b), 94 Stat. 530, 42 U.S.C. 1320b–2 note,

unless otherwise noted.

§ 95.513 [Removed]

9. Section 95.513 would be removed.

§ 95.519 [Amended]

10. Section 95.519 would be amended

by redesignating paragraph (b)(1) as

paragraph (b), by removing the words

‘‘reconsideration of the determination

under 45 CFR part 75’’ and adding, in

their place, the words ‘’appeal of the

determination under 45 CFR part 16’’,

and by removing paragraph (b)(2).

[FR Doc. 97–5276 Filed 3–4–97; 8:45 am]

BILLING CODE 4150–04–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–86, RM–9025]

Radio Broadcasting Services;

Camdenton, MO

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition filed by

Camdenton Community Broadcasters

proposng the allotment of Channel 265A

to Camdenton, Missouri. The

coordinates for Channel 265A are 38–

02–00 and 92–44–20. There is a site

restriction 2.9 kilometers (1.8 miles)

north of the community.

DATES: Comments must be filed on or

before April 21, 1997, and reply

comments on or before May 6, 1997.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner’s counsel, as follows: Richard

J. Hayes, Jr., 13809 Black Meadow Road,

Spotsylvania, Virginia 22553.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

97–86, adopted February 21, 1997, and

released February 28, 1997. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the

Commission’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 contractors,

International Transcription Services,

Inc., 2100 M Street, NW., Suite 140,

Washington, DC 20037, (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 contact.

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. 97–5353 Filed 3–4–97; 8:45 am]

BILLING CODE 6712–01–P

47 CFR Part 73

[MM Docket No. 97–84, RM–9021]

Radio Broadcasting Services; Pauls

Valley, OK

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Tom

Stamper seeking the allotment of

Channel 291A to Pauls Valley, OK, as

the community’s second local FM and

third aural broadcast service. Channel

291A can be allotted to Pauls Valley in

compliance with the Commission’s

minimum distance separation

requirements with a site restriction of

9.8 kilometers (6.1 miles) south, at

coordinates 34–39–14 NL; 97–11–54

WL, to avoid a short-spacing to Station

KGOU, Channel 292A, Norman, OK.

DATES: Comments must be filed on or

before April 21, 1997, and reply

comments on or before May 6, 1997.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Tom Stamper, 2402 C

Avenue, Lawton, OK 73505 (Petitioner).

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

97–84, adopted February 21, 1997, and

released February 28, 1997. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC

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 Services, Inc., (202) 857–

3800, 2100 M Street, NW., Suite 140,

Washington, DC 20037.

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