Federal Register / Vol. 63, No. 119 / Monday, June 22, 1998 /Rules and Regulations 33855

plan shall be considered separately in

light of specific technical, economic,

and environmental factors, and in

relation to relevant statutory and

regulatory requirements.

V. Administrative Requirements

A. Executive Orders 12866 and 13045

The Office of Management and Budget

has exempted this regulatory action

from Executive Order (E.O.) 12866

review.

This final rule is not subject to E.O.

13045, entitled ‘‘Protection of Children

from Environmental Health Risks and

Safety Risks,’’ because it is not an

‘‘economically significant’’ action under

E.O. 12866.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAA, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to state,

local, or tribal governments in the

aggregate, or to private sector, of $100

million or more. Under Section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either state, local, or tribal

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 Federal requirements. Accordingly,

no additional costs to state, local, or

tribal governments, or to the private

sector, result from this action.

D. Submission to Congress and the

General Accounting Office

The Congressional Review Act, 5

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

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit 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 United

States prior to publication of the rule in

the Federal Register. This rule is not a

‘‘major’’ rule as defined by 5 U.S.C.

804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by August 21, 1998.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements (see section

307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: June 9, 1998.

David Howekamp,

Acting Regional Administrator, Region IX.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart F—California

2. Section 52.220 is amended by

adding paragraphs (c) (248) and (c) (254)

to read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(248) New and amended regulations

for the following APCDs were submitted

on August 1, 1997, by the Governor’s

designee.

(i) Incorporation by reference.

(A) San Diego County Air Pollution

Control District.

(1) Rule 67.10 adopted June 25, 1997.

* * * * *

(254) New and amended regulations

for the following APCDs were submitted

on March 10, 1998 by the Governor’s

designee.

(i) Incorporation by reference.

(A) San Joaquin Valley Unified Air

Pollution Control District.

(1) Rule 4401 adopted January 15,

1998.

[FR Doc. 98–16408 Filed 6–19–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6111–7]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of Beulah

Landfill Site from the National Priorities

List.

SUMMARY: The U.S. Environmental

Protection Agency (EPA) announces the

deletion of the Beulah Landfill Site from

the National Priorities List (NPL). The

NPL constitutes Appendix B of 40 CFR
33856 Federal Register / Vol. 63, No. 119 / Monday, June 22, 1998 /Rules and Regulations

part 300 which is the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP), which EPA

promulgated pursuant to section 105 of

the Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) of 1980, as amended.

EPA and the Florida Department of

Environmental Protection (FDEP) have

determined that the Site poses no

significant threat to public health or the

environment and therefore, further

response measures pursuant to CERCLA

are not appropriate.

DATES: Effective June 22, 1998.

ADDRESSES: Comprehensive information

on this Site is available through the EPA

Region 4 public docket, which is

available for viewing at the information

repositories at two locations. Locations,

contacts, phone numbers and viewing

hours are:

Record Center, U.S. EPA Region 4, 61

Forsyth Street, Atlanta, Georgia

30303–8909, Phone: (404) 562–9530,

Hours: 8:00 a.m. to 4:00 p.m., Monday

through Friday—By Appointment

Only; and

Media Center, George Stone Vocational

School, 2400 Longleaf Drive,

Pensacola, Florida 32526–8922,

Phone: (850) 944–1424, Hours: 8:00

a.m. to 9:00 p.m., Monday through

Friday.

FOR FURTHER INFORMATION CONTACT:

Randa Chichakli, U.S. EPA Region 4,

Waste Management Division, 61 Forsyth

Street, Atlanta, Georgia 30303–8909,

(404) 562–8928.

SUPPLEMENTARY INFORMATION: EPA

announces the deletion of the Beulah

Landfill Superfund Site in Pensacola,

Escambia County, Florida from the NPL,

which constitutes Appendix B of the

NCP, 40 CFR part 300. EPA identifies

sites on the NPL that appear to present

a significant risk to public health,

welfare, or the environment. Sites on

the NPL may be the subject of remedial

actions financed by the Hazardous

Substances Superfund Response Trust

Fund (Fund). Pursuant to section

300.425(e)(3) of the NCP, any site

deleted from the NPL remains eligible

for Fund-financed Remedial Actions if

conditions at the site warrant such

action. EPA published a Notice of Intent

to Delete the Beulah Landfill Superfund

Site from the NPL on April 24, 1998 in

the Federal Register, (63 FR 20361–

20362). EPA received no comments on

the proposed deletion; therefore, no

responsiveness summary is necessary

for attachment to this Notice of

Deletion. Deletion of a site from the NPL

does not affect the 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

substances, Hazardous waste,

Intergovernmental relations, penalties,

superfund, Water pollution control,

Water supply.

Dated: June 10, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

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 2923,

3 CFR, 1987 Comp., p. 193.

Appendix B [Amended]

2. Table 1 of Appendix B to part 300

is amended by removing the site

‘‘Beulah Landfill, Pensacola, FL.’’

[FR Doc. 98–16252 Filed 6–19–98; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 482

[HCFA–3005–F]

RIN: 0938–AI95

Medicare and Medicaid Programs;

Hospital Conditions of Participation;

Identification of Potential Organ,

Tissue, and Eye Donors and

Transplant Hospitals’ Provision of

Transplant-Related Data

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Final rule.

SUMMARY: This final rule addresses only

provisions relating to organ donation

and transplantation. It imposes several

requirements a hospital must meet that

are designed to increase organ donation.

One of these requirements is that a

hospital must have an agreement with

the Organ Procurement Organization

(OPO) designated by the Secretary,

under which the hospital will contact

the OPO in a timely manner about

individuals who die or whose death is

imminent in the hospital. The OPO will

then determine the individual’s medical

suitability for donation. As well, the

hospital must have an agreement with at

least one tissue bank and at least one

eye bank to cooperate in the retrieval,

processing, preservation, storage, and

distribution of tissues and eyes, as long

as the agreement does not interfere with

organ donation. The final rule requires

a hospital to ensure, in collaboration

with the OPO with which it has an

agreement, that the family of every

potential donor is informed of its option

to donate organs or tissues or not to

donate. Under the final rule, hospitals

must work with the OPO and at least

one tissue bank and one eye bank in

educating staff on donation issues,

reviewing death records to improve

identification of potential donors, and

maintaining potential donors while

necessary testing and placement of

organs and tissues take place. In

addition, transplant hospitals must

provide organ-transplant-related data, as

requested by the OPTN, the Scientific

Registry, and the OPOs. The hospital

must also provide, if requested, such

data directly to the Department.

DATES: These regulations are effective

on August 21, 1998.

FOR FURTHER INFORMATION CONTACT:

Marcia Newton, (410) 786–5265.

SUPPLEMENTARY INFORMATION:Copies: To

order copies of the Federal Register

containing this document, send your

request to: New Orders, Superintendent

of Documents, P.O. Box 37194,

Pittsburgh, PA 15250–7954. Specify the

date of the issue requested and enclose

a check or money order payable to the

Superintendent of Documents, or

enclose your Visa or Master Card

number and expiration date. Credit card

orders can also be placed by calling the

order desk at (202) 512–1800 or by

faxing to (202) 512–2250. The cost for

each copy is $8. As an alternative, you

can view and photocopy the Federal

Register document at most libraries

designated as Federal Deposit Libraries

and at many other public and academic

libraries throughout the country that

receive the Federal Register.

I. Background

A. Key Statutory Provisions

Sections 1861(e) (1) through (8) of the

Social Security Act (the Act) provide

that a hospital participating in the

Medicare program must meet certain

specified requirements. Section

1861(e)(9) of the Act specifies that a

hospital must also meet such other

requirements as the Secretary finds

necessary in the interest of the health

and safety of the hospital’s patients.