Federal Register / Vol. 63, No. 88 /Thursday, May 7, 1998 /Rules and Regulations 25169

pesticide products for applicationrelated activities. EPA will not consider

the substitution of a part 84 for a part

11 respirator a misuse. Furthermore,

EPA requires pesticide handlers,

applicators, and users to comply with

all the requirements of 40 CFR 170.240

regardless of whether the respirator is

part 11 or part 84.

VI. Conclusion

EPA recognizes that part 84

respirators offer applicators equivalent

levels of respiratory protection, and the

supply of part 11 respirators will be

exhausted in the next 1 to 3 years. EPA

also recognizes that pesticide handlers

must have an adequate supply of

respirators that provide adequate

respiratory protection during

application. Effective immediately, EPA

will not find misuse violations against

applicators who use either part 11 or

part 84 respirators to satisfy existing

product labels that require part 11

respirators.

VII. Regulatory Assessment

Requirements

This action does not impose any

requirements. As such, this action does

not require review by the Office of

Management and Budget (OMB) under

Executive Order 12866, entitled

Regulatory Planning and Review (58 FR

51735, October 4, 1993), the Paperwork

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

seq., or Executive Order 13045, entitled

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997). For

the same reason, it does not require any

action under Title II of the Unfunded

Mandates Reform Act of 1995 (UMRA)

(Pub. L. 104-4), Executive Order 12875,

entitled Enhancing the

Intergovernmental Partnership (58 FR

58093, October 28, 1993), or Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994). In addition, since this type of

action does not require any proposal, no

action is needed under the Regulatory

Flexibility Act (RFA) (5 U.S.C. 601 et

seq.).

VIII. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, does not apply

because this action is not a rule, as that

term is defined in 5 U.S.C. 804(3).

List of Subjects in Part 156

Environmental protection, Labeling,

Occupational safety and health,

Pesticides and pests, Reporting and

recordkeeping requirements.

Dated: April 24, 1998.

Jesse Baskerville,

Director, Toxics and Pesticides Enforcement

Division, Office of Regulatory Enforcement

and Policy Assurance.

[FR Doc. 98–12151 Filed 5–6–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6009–2]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the

Pomona Oaks Residential Wells site and

the Vineland State School site from the

National Priorities List.

SUMMARY: The Environmental Protection

Agency (EPA) Region II announces the

deletion of the Pomona Oaks Well

Contamination Site in Pomona, New

Jersey and the Vineland State School

Site in Vineland, New Jersey 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. EPA

and the State of New Jersey have

determined that the sites pose no

significant threat to public health or the

environment and, therefore, no remedial

measures pursuant to CERCLA are

appropriate.

EFFECTIVE DATE: May 7, 1998.

FOR FURTHER INFORMATION CONTACT:

Matthew Westgate, Remedial Project

Manager, U.S. Environmental Protection

Agency, Region II, 290 Broadway, 19th

floor, New York, N.Y. 10007–1866, (212)

637–4422.

ADDRESSES: Comprehensive information

about the Pomona Oaks Site is available

for viewing at the Administrative

Record Repository located at Galloway

Township Municipal Building, 300 East

Jimmie Leeds Road, Absecon, New

Jersey 08201, Attn: Mr. Andrew Katz,

Township Manager.

Comprehensive information about the

Vineland State School (Developmental

Center) Site is available for viewing at

the Administrative Record Repository

located at Vineland City Library, 1058

East Landis Ave., Vineland, New Jersey

08360, Attn: Mr. Anthony Agnesino,

Reference Director.

SUPPLEMENTARY INFORMATION: The sites

to be deleted from the NPL are: Pomona

Oaks Well Contamination, Pomona,

New Jersey and the Vineland State

School (Developmental Center),

Vineland, New Jersey.

A Notice of Intent to Delete was

published on July 15, 1996 (61 FR

36858). The closing date for comments

on the Notice of Intent to Delete was

August 14, 1996. There were no

comments received for the Vineland

State School Site; therefore, no

responsiveness summary was prepared.

EPA received two letters from residents

of the Pomona Oaks subdivision. Both

of the residents asked that EPA

reconsider the deletion of the Pomona

Oaks Site based on their belief that the

source of the groundwater

contamination has not been cleaned up

and the once suspected underground

gas tanks are still in the ground. They

also inquired about additional testing of

groundwater. EPA never positively

identified the source of the groundwater

contamination when the problems were

discovered in 1982. Comprehensive

sampling conducted as part of the

Remedial Investigation in 1988 and

afterwards demonstrated that the

contamination was due to a singular

event and had dispersed over time

through natural attenuation and/or

biodegradation. EPA concluded there

was no ongoing source of contamination

in the subdivision based on sampling

conducted in 1990 and 1992.

The commentors expressed concerns

about the health effects from the

exposure to chemicals in their drinking

water. EPA, the Agency for Toxic

Substances and Disease Registry

(ATSDR) as well as the state and local

health departments were involved in

assessing the health effects due to

exposure to benzene in 1982. No acute

effects were noted during the 1982 to

1985 period and no long-term health

effects have been reported.

Finally, the residents asked that the

site remain under investigation. Longterm groundwater monitoring was

included as part of the No Action

Record of Decision.

EPA provided detailed responses to

these comments in a Responsiveness

Summary, which is contained in the

Deletion Docket. The Responsiveness

Summary and entries in the Deletion
25170 Federal Register / Vol. 63, No. 88 /Thursday, May 7, 1998 /Rules and Regulations

Docket may be reviewed at the EPA

Region II office at 290 Broadway, New

York, N.Y. or at the information

repositories listed above.

The EPA identifies sites that 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 financed remedial

actions. Section 300.425(e)(3) of the

NCP states that Fund-financed actions

may be taken at sites 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

waste, Hazardous substances,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, and Water supply.

Dated: April 20, 1998.

Jeanne Fox,

Regional Administrator, Region II.

For the reasons set out in the

preamble, 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 02923;

3 CFR, 1987 Comp., p 193.

Table 1 to Appendix B [Amended]

2. Table 1 of appendix B to part 300

is amended by removing the sites

Pomona Oaks Residential Wells,

Galloway Township, New Jersey and

Vineland State School, Vineland, New

Jersey.

[FR Doc. 98–11879 Filed 5–6–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 68

[CC Docket No. 96–28; FCC 97–270]

Connection of Customer-Provided

Terminal Equipment to the Telephone

Network

AGENCY: Federal Communications

Commission.

ACTION: Final rule; correction.

SUMMARY: The FCC published in the

Federal Register of November 19, 1997

(62 FR 61649), final rules to Part 68 of

Title 47, Code of Federal Regulations.

Those rules govern the terms and

conditions under which customerprovided terminal equipment may be

connected to the telephone network

without causing harm to the public

switched network. This document

corrects the typographical errors and

omissions found in that document.

EFFECTIVE DATE: May 7, 1998.

FOR FURTHER INFORMATION CONTACT:

William Howden, (202) 418–2343 or email at whowden@fcc.gov.

SUPPLEMENTARY INFORMATION:

Need for Correction

As published, the final regulations

contain errors which may prove to be

misleading and are in need of

clarification.

In rule FR Doc. 97–29925, published

on November 19, 1997, (62 FR 61649)

make the following corrections:

1. On page 61654, paragraph 31, in

the first column, correct the effective

date to read April 20, 1998.

§ 68.2 [Corrected]

2. On page 61654, in § 68.2, first

column, last line insert a comma ‘‘,’’

between the words ‘‘lines’’ and

‘‘automatic’’.

3. On page 61654, amendatory

instruction two, column one, lines 3 and

4, are corrected to read ‘‘and adding

new paragraphs (d)(4) and (j)(3):’’.

3a. On page 61654, column 2,

following the second line of asterisks

the ‘‘(j)’’ is corrected to ‘‘(j) *** (3)’’.

4. On page 61654, in newly

redesignated paragraph (j)(3), correct the

date ‘‘April 20, 1997’’ to read ‘‘April 20,

1998’’.

§ 68.3 [Corrected]

5. On page 61654, in the instruction

to § 68.3, second column, after ‘‘in the

definition for Tie Trunk Transmission

Interfaces, by removing paragraph (c)’’

add the following instruction ‘‘and

redesignate paragraphs (d), (e) and (f) as

(c), (d) and (e)’’.

6. On page 61657, in § 68.3 remove

‘‘Figure 68.3(f)’’, and add in its place the

revised ‘‘Figure 68.3(f)’’ as follows:

BILLING CODE 6712–01–M