Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules 27901

governments in the aggregate, or to the

private sector. This federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

The Regional Administrator’s

decision to approve or disapprove the

SIP revision will be based on whether

it meets the requirements of section

110(a)(2)(A)-(K) and part D of the Clean

Air Act, as amended, and EPA

regulations in 40 CFR part 51.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements.

Authority: 42 U.S.C. 7401–7671q.

Dated: May 13, 1998

Herbert Barrack,

Acting Regional Administrator for Policy and

Management.

[FR Doc. 98–13610 Filed 5–20–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 194

[FRL–6100–9]

RIN 2060–AG85

Opportunity To Comment on

Documents Used by the Department of

Energy To Certify the Rocky Flats

Environmental Technology Site To

Ship Transuranic Waste to WIPP, as

Required in: Criteria for the

Certification and Re-certification of the

Waste Isolation Pilot Plant’s

Compliance With the Disposal

Regulations: Certification Decision

AGENCY: Environmental Protection

Agency.

ACTION: Notice of availability; opening

of public comment period.

SUMMARY: The Environmental Protection

Agency (EPA) is announcing the

availability of, and soliciting public

comments for 30 days on, Department of

Energy (DOE) documents used to certify

the Rocky Flats Environmental

Technology Site (RFETS) to ship

transuranic radioactive waste to the

Waste Isolation Pilot Plant (WIPP). The

documents include: ‘‘Rocky Flats

Environmental Technology Site

Transuranic (TRU) Waste Management

Manual’’ (dated January 7, 1998) and

‘‘Rocky Flats Environmental Technology

Site Waste Isolation Pilot Plant Quality

Assurance Project Plan’’ (dated May 14,

1997). These documents are available

for review in the public dockets listed

in ADDRESSES. The EPA will be using

these documents to evaluate RFETS’s

quality assurance and waste

characterization programs and

processes. The EPA will perform an

inspection at RFETS the week of June

22–26, 1998.

DATES: EPA is requesting public

comment on these documents.

Comments must be received by EPA’s

official Air Docket on or before June 22,

1998.

ADDRESSES: Comments should be

submitted to: Docket No. A–93–02, Air

Docket, Room M–1500 (LE–131), U.S.

Environmental Protection Agency, 401

M Street, S.W., Washington, DC 20460.

The DOE documents, ‘‘Rocky Flats

Environmental Technology Site

Transuranic (TRU) Waste Management

Manual’’ (dated January 7, 1998) and

‘‘Rocky Flats Environmental Technology

Site Waste Isolation Pilot Plant Quality

Assurance Project Plan’’ (dated May 14,

1997) are available for review in the

official EPA Air Docket in Washington

DC, Docket No. A–93–02, Category X–B,

and at the following three EPA WIPP

informational docket locations in New

Mexico: in Carlsbad at the Municipal

Library, Hours: Monday–Thursday,

10am–9pm, Friday–Saturday, 10am–

6pm, and Sunday 1pm–5pm; in

Albuquerque at the Government

Publications Department, Zimmerman

Library, University of New Mexico,

Hours: Monday–Thursday, 8am–9pm,

Friday, 8am–5pm, Saturday–Sunday,

1pm–5pm; and in Santa Fe at the

Fogelson Library, College of Santa Fe,

Hours: Monday–Thursday, 8am–12am,

Friday, 8am–5pm, Saturday, 9am–5pm,

and Sunday, 1pm–9pm.

As provided in EPA’s regulations at

40 CFR Part 2, and in accordance with

normal EPA docket procedures, if

copies of any docket materials are

requested, a reasonable fee may be

charged for photocopying.

FOR FURTHER INFORMATION CONTACT:

Chuck Byrum, Office of Radiation and

Indoor Air, (505) 665–7555 or call EPA’s

24-hour toll-free WIPP Information Line,

1–800–331–WIPP.

SUPPLEMENTARY INFORMATION:

Background

The U.S. Department of Energy (DOE)

is developing the Waste Isolation Pilot

Plant (WIPP) near Carlsbad in

southeastern New Mexico as a potential

deep geologic repository for disposal of

transuranic (TRU) radioactive waste. As

defined by the WIPP Land Withdrawal

Act (LWA) of 1992, as amended (Pub. L.

No. 102–579), TRU waste consists of

materials containing elements having

atomic numbers greater than 92 (with

half-lives greater than twenty years), in

concentrations greater than 100

nanocuries of alpha-emitting TRU

isotopes per gram of waste. Most TRU

waste consists of items contaminated

during the production of nuclear

weapons, e.g., rags, equipment, tools,

and organic and inorganic sludges.

On May 13, 1998, the U.S.

Environmental Protection Agency (EPA)

announced its final compliance

certification decision to the Secretary of

Energy. This decision states that the

WIPP will comply with EPA’s

radioactive waste disposal regulations at

40 CFR Part 191 and the WIPP

Compliance Criteria at 40 CFR Part 194.

The final WIPP certification decision

includes conditions that (1) prohibit

shipment of TRU waste for disposal at

WIPP from any site other than the Los

Alamos National Laboratory (LANL)

until EPA determines that the site has

established and executed a quality

assurance program, in accordance with

§§ 194.22(a)(2)(i), 194.24(c)(3), and

194.24(c)(5) for waste characterization

activities and assumptions; and (2)

prohibit shipment of TRU waste for

disposal at WIPP from any site other

than LANL until EPA has approved, in

accordance with the approval process

set forth at § 194.8(b), the procedures

developed to comply with the waste

characterization requirements of

§ 194.24(c)(4). As part of the EPA’s

decision-making process, DOE is

required to submit to EPA appropriate

documentation used to certify each DOE

waste generator site for shipment of

transuranic radioactive waste to WIPP.

In accordance with § 194.8, EPA will

place such documentation in the official

Air Docket in Washington, D.C., and

informational dockets in the State of

New Mexico for public review and

comment.

The documents submitted to EPA

include: ‘‘Rocky Flats Environmental

Technology Site Transuranic (TRU)

Waste Management Manual’’ (dated

January 7, 1998) and ‘‘Rocky Flats

Environmental Technology Site Waste

Isolation Pilot Plant Quality Assurance

Project Plan’’ (dated May 14, 1997). The

‘‘Rocky Flats Environmental Technology

Site Transuranic (TRU) Waste

Management Manual’’ sets forth the

waste characterization procedures for

TRU wastes at Rocky Flats. The ‘‘Rocky

Flats Environmental Technology Site

Waste Isolation Pilot Plant Quality

Assurance Project Plan’’ sets forth the

quality assurance program that DOE

purports to comply with the
27902 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules

requirements of § 194.22. After EPA

reviews these documents for adequacy,

EPA will conduct an inspection of a

DOE audit of the site to determine

whether the requirements set out in

these documents are being adequately

implemented in accordance with

Conditions 2 and 3 of EPA’s WIPP

certification decision (Criteria for the

Certification and Recertification of the

Waste Isolation Pilot Plant’s Compliance

With the 40 CFR Part 191 Disposal

Regulations: Certification Decision).

Section 194.8 of the WIPP Compliance

Criteria (as amended by the final

certification decision) provides the

public at least 30 days to comment on

the documents placed in EPA’s docket

relevant to the site approval process.

If EPA determines that the provisions

in the documents are adequately

implemented, EPA will notify DOE by

letter and place the letter in the official

Air Docket in Washington DC, and in

the informational docket locations in

New Mexico. A positive approval letter

will allow DOE to begin shipping TRU

waste from RFETS. EPA will not make

a determination of compliance before

the inspection or before the 30-day

comment period has closed.

Information on EPA’s radioactive

waste disposal standards (40 CFR Part

191), the compliance criteria (40 CFR

Part 194), and EPA’s certification

decision is filed in the official EPA Air

Docket, Dockets No. R–89–01, A–92–56,

and A–93–02, respectively, and is

available for review in Washington DC,

and at the three EPA WIPP

informational docket locations in New

Mexico. The dockets in New Mexico

contain only major items from the

official Air Docket in Washington, DC,

plus those documents added to the

official Air Docket since the October

1992 enactment of the WIPP LWA.

Dated: May 14, 1998.

Richard D. Wilson,

Acting Assistant Administrator for Air and

Radiation.

[FR Doc. 98–13606 Filed 5–20–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–64; RM–9272]

Radio Broadcasting Services; St.

Anne, IL

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by

STARadio Corporation proposing the

allotment of Channel 293A at St. Anne,

Illinois, as the community’s first local

aural transmission service. Channel

293A can be allotted to St. Anne in

compliance with the Commission’s

minimum distance separation

requirements with a site restriction of

10.6 kilometers (6.6 miles) southeast to

avoid short-spacings to the licensed

sites of Station WYBA(FM), Channel

292A, Lansing, Illinois, and Station

WGCY(FM), Channel 292A, Gibson City,

Illinois. The coordinates for Channel

293A at St. Anne are North Latitude 40–

56–20 and West Longitude 87–39–10.

DATES: Comments must be filed on or

before July 6, 1998, and reply comments

on or before July 21, 1998.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, his counsel, or consultant, as

follows: Michael Ruger, Esq., Baker &

Hostetler, LLP, 1050 Connecticut Ave.,

NW., Suite 1100, Washington, DC

20036–5304 (Counsel for Petitioner).

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

98–64, adopted May 6, 1998, and

released May 15, 1998. 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 Service, Inc., (202) 857–

3800, 1231 20th Street, NW.,

Washington, DC 20036.

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. 98–13567 Filed 5–20–98; 8:45 am]

BILLING CODE 6712–01–P

OFFICE OF PERSONNEL

MANAGEMENT

48 CFR Part 1609

RIN 3206–AI27

Prohibition of ‘‘Gag Clauses’’ in the

Federal Employees Health Benefits

Program

AGENCY: Office of Personnel

Management.

ACTION: Notice of proposed rule making.

SUMMARY: The Office of Personnel

Management (OPM) is proposing to

amend the regulations to prohibit health

benefit carriers participating in the

Federal Employees Health Benefits

(FEHB) Program from entering into

contractual provisions with health care

providers or health care workers that

would include a provision for incentive

payments as an inducement to reduce or

limit communication with, or the

delivery of health care services to, FEHB

enrollees. The rule is intended to ensure

providers’ and health care workers’

ability to communicate with, and advise

patients of, any medically necessary

treatment options.

DATES: Comments must be received on

or before July 20, 1998.

ADDRESSES: Comments should be

directed to Abby L. Block, Chief,

Insurance Policy and Information

Division, OPM, Room 3425, 1900 E

Street, NW., Washington, DC 20415–

0001.

FOR FURTHER INFORMATION CONTACT:

Michael W. Kaszynski, (202) 606–0004.

SUPPLEMENTARY INFORMATION: You may

submit comments and data by sending

electronic mail (E-mail) to:

MWKASZYN@OPM.Gov.

On February 20, 1998, the President

signed an Executive Memorandum

directing the Office of Personnel

Management (OPM) to take the

necessary steps to bring the FEHB

Program into contractual compliance

with the Consumer (Patient) Bill of

Rights and Responsibilities by no later

than year end 1999. The Memorandum

specifically directed OPM to propose

regulations within 90 days to prohibit

practices that restrict physician-patient

communications about medically

necessary treatment options. This action

will prohibit FEHB participating carriers