Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 /Rules and Regulations 32761

it maintains the NPL as the list of those

sites. As described in 40 CFR

300.425(e)(3) of the NCP, sites deleted

from the NPL remain eligible for

remedial actions in the unlikely event

that conditions at the site warrant such

action. Deletion of the site from the NPL

does not affect responsible party

liability or impede EPA efforts to

recover costs associated with response

efforts.

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).

Lists of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: June 4, 1998.

Myron O. Knudson,

Acting Regional Administrator, Region 6.

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 2923,

3 CFR, 1987 Comp., p. 193.

Appendix B to Part 300 [Amended]

2. Table 1 of Appendix B to part 300

is amended by removing the site

‘‘Southern Shipbuilding, Slidell,

Louisiana.’’

[FR Doc. 98–15949 Filed 6–15–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 62

RIN 3067–AC85

National Flood Insurance Program

(NFIP); Assistance to Private Sector

Property Insurers

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Final rule.

SUMMARY: The Federal Insurance

Administration is revising the effective

date of the Financial Assistance/

Subsidy Arrangement (‘‘the

Arrangement’’) to October 1, 1998. The

Arrangement governs the duties and

obligations of insurers that participate

in the Write Your Own (WYO) Program

of the National Flood Insurance Program

(NFIP) and also sets forth the

responsibilities of the Government to

provide financial and technical

assistance to these insurers.

EFFECTIVE DATE: October 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Edward T. Pasterick, Federal Emergency

Management Agency, Federal Insurance

Administration, 500 C Street, SW.,

Washington, DC 20472, 202–646–3443,

(facsimile) 202–646–3445, (email)

Edward.Pasterick@fema.gov.

SUPPLEMENTARY INFORMATION: On July

24, 1997, FEMA published in the

Federal Register, 62 FR 39908, a final

rule amending the regulations of the

National Flood Insurance Program

(NFIP) to include the revised Financial

Assistance/Subsidy Arrangement for

1997–1998 governing the duties and

obligations of insurers participating in

the Write Your Own (WYO) Program of

the National Flood Insurance Program

(NFIP). The 1997–1998 Arrangement

ends September 30, 1998. Except for the

new effective date of October 1, 1998,

the Arrangement for 1998–1999 is

unchanged from last year’s version. Any private insurance company

participating under the current 1997–

1998 Arrangement will be sent, during

July 1998, a copy of the offer for 1998–

1999 together with related materials and

submission instructions. Any private

insurance company not currently

participating in the WYO program but

wishing to consider FEMA’s

Arrangement offer for 1998–1999, may

do so by requesting a copy of the offer

by writing: Federal Emergency

Management Agency, ATTN: Federal

Insurance Administrator, WYO

Program, Washington, DC 20472.

National Environmental Policy Act

This final rule is categorically

excluded from the requirements of 44

CFR Part 10, Environmental

Consideration. No environmental

assessment has been prepared.

Executive Order 12898, Environmental

Justice

The socioeconomic conditions to this

rule were reviewed and a finding was

made that no disproportionately high

and adverse effect on minority or low

income populations would result from

this final rule.

Executive Order 12866, Regulatory

Planning and Review

This rule is not a significant

regulatory action within the meaning of

sec. 2(f) of E.O. 12866 of September 30,

1993, 58 FR 51735, and has not been

reviewed by the Office of Management

and Budget. Nevertheless, this final rule

adheres to the regulatory principles set

forth in E.O. 12866.

Paperwork Reduction Act

This rule does not contain a collection

of information and is therefore not

subject to the provisions of the

Paperwork Reduction Act.

Executive Order 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of section 2(b)(2) of Executive

Order 12778.

List of Subjects in 44 CFR Part 62

Claims, Flood insurance.

Accordingly, 44 CFR part 62 is

amended as follows:

PART 62—SALE OF INSURANCE AND

ADJUSTMENT OF CLAIMS

1. The authority citation for Part 62

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.;

Reorganization Plan No. 3 of 1978; 43 FR

41943, 3 CFR, 1978 Comp., p. 329; E.O.

12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR,

1979 Comp., p. 376.

Appendix A to Part 62 [Amended]

2. The Effective Date of Appendix A

of part 62 is revised to read as follows:

Appendix A to Part 62—Federal

Emergency Management Agency,

Federal Insurance Administration,

Financial Assistance/Subsidy

Arrangement

* * * * *

Effective Date: October 1, 1998.

* * * * *

Dated: June 9, 1998.

Jo Ann Howard,

Administrator, Federal Insurance

Administration.

[FR Doc. 98–15962 Filed 6–15–98; 8:45 am]

BILLING CODE 6718–03–P

NATIONAL SCIENCE FOUNDATION

45 CFR Part 672

Antarctic Conservation Act of 1978,

Civil Monetary Penalties

AGENCY: National Science Foundation.
32762 Federal Register / Vol. 63, No. 115 /Tuesday, June 16, 1998 /Rules and Regulations

ACTION: Final rule with a request for

comments.

SUMMARY: The National Science

Foundation (NSF) is revising its

inflation adjustments of civil monetary

penalties that may be imposed for

inadvertent and deliberate violations of

the Antarctic Conservation Act of 1978

because a procedural error prevented

the original adjustments from taking

effect.

DATES: This rule is effective July 16,

1998.

Comments, however, are welcome at

any time and will be considered in

making future revisions.

ADDRESSES: All comments should be

addressed to: John Chester, Assistant

General Counsel, Office of the General

Counsel, Room 1265, National Science

Foundation, 4201 Wilson Boulevard,

Arlington, VA 22230.

FOR FURTHER INFORMATION CONTACT: John

Chester on (703) 306–1060 (voice) and

(703) 306–0149 (facsimile)—those are

not toll-free numbers—or by electronic

mail as jchester@nsf.gov through

INTERNET.

SUPPLEMENTARY INFORMATION: The

Federal Civil Penalties Inflation

Adjustment Act of 1990 (104 Stat. 890;

28 U.S.C. 2461 note) as amended by the

Debt Collection Improvement Act of

1996 (section 31001(s)(1) of the

Omnibus Consolidated Rescissions and

Appropriations Act of 1996, Pub. L.

104–134, approved 4/26/96) directs

each Federal agency to adjust, by

regulation, each civil monetary penalty

provided by law within the jurisdiction

of that agency to compensate for the

effects of inflation. The only civil

monetary penalties within the

jurisdiction of the National Science

Foundation are those imposed for

violations of the Antarctic Conservation

Act of 1978 (16 U.S.C. 2401 et seq.). On

November 20, 1996 NSF published an

amendment to its rules governing

enforcement of that law adding a new

section setting out the penalties for

inadvertent and deliberate violations

and adjusting those penalties for

inflation as provided in the Debt

Collection Improvement Act.

Unfortunately, NSF did not submit that

amendment to the Congress and

Comptroller General as required by

section 801(a) of title 5 of the United

States Code and therefore it did not take

effect. This rule, which will be

submitted to Congress and GAO as soon

as it is published, replaces the 1996 one.

Because section 31001(s)(2) of the

Omnibus Consolidated Rescissions and

Appropriations Act of 1996 provides

that the first adjustment of a civil

monetary penalty made pursuant to its

amendment to the Debt Collection

Improvement Act ‘‘may not exceed 10

percent of such penalty’’, the

Foundation is adjusting these penalties

in two steps: a 10 percent increase

effective on August 1, 1998 and an

increase to the full amount called for in

the amended Debt Collection

Improvement Act on August 1, 1999.

The latter adjustment takes into account

inflation through June 1997, rather than

June 1995 as in the 1996 adjustment.

Future adjustments will be made at least

once every four years as called for in the

amended Debt Collection Improvement

Act.

Because this action merely makes

adjustments required by statute, public

comments were not solicited prior to its

issuance.

Required determinations

Executive Order 12612—Federalism

This final rule will not have a

substantial effect on the States, on the

relationship between the national

government and the states, or the

distribution of power and

responsibilities among the various

levels of government. Thus, in

accordance with Executive Order 12612,

preparation of a Federalism assessment

is not warranted.

Executive Order 12866—Regulatory

Planning and Review

I have determined, under the criteria

set forth in Executive Order 12866, that

this rule is not a significant regulatory

action requiring review by the Office of

Information and Regulatory Affairs.

Executive Order 12988—Civil Justice

Reform

I have reviewed this rule in light of

section 3 of Executive Order 12988 and

certify for the National Science

Foundation that this rule meets the

applicable standards provided in

section 3(a) and 3(b)(2) of that order.

Regulatory Flexibility Act

I certify, pursuant to the requirements

of the Regulatory Flexibility Act, 5

U.S.C. 601–612, that this final rule will

not have a significant economic impact

on a substantial number of small

entities.

Paperwork Reduction Act of 1995

There are no new information

collection requirements in this final

rule.

Unfunded Mandates Reform Act of 1995

This final rule will not result in the

expenditure, in the aggregate, of

$100,000,000 or more in any one year

and therefore preparation of a statement

is not required by section 202(a)

Unfunded Mandates Reform Act of 1995

[2 U.S.C. 1532(a)].

List of Subjects in 45 CFR Part 672

Administrative practice and

procedure, Antarctica.

For the reasons set out in the

preamble and under the authority of 28

U.S.C. 2461 note, 45 CFR Part 672 is

amended as follows:

PART 672—ENFORCEMENT AND

HEARING PROCEDURES; TOURISM

GUIDELINES

1. The authority citation for Part 672

continues to read as follows:

Authority: 16 U.S.C. 2401 et seq., 28 U.S.C.

2461 note.

2. Revise § 672.24 to read as follows:

§ 672.24 Maximum civil monetary penalties

for unintentional and intentional violations.

(a) For violations occurring before

August 1, 1998, the maximum civil

penalty that may be assessed under

§ § 672.20(b) and 672.23(a) is set by the

statute at $5,000 for unintentional

violations and $10,000 for intentional

violations.

(b) For violations occurring between

August 1, 1998 and July 31, 1999, the

maximum civil penalty is adjusted

under authority of the Federal Civil

Penalties Inflation Adjustment Act of

1990 (28 U.S.C. 2461 note) as amended

by the Debt Collection Improvement Act

of 1996 (Pub. L. 104–134) to $5,500 for

unintentional violations and $11,000 for

intentional violations.

(c) For violations occurring after July

31, 1999, the maximum civil penalty is

adjusted under authority of the Federal

Civil Penalties Inflation Adjustment Act

of 1990 (28 U.S.C. 2461 note) as

amended by the Debt Collection

Improvement Act of 1996 (Pub. L. 104–

134) to $12,000 for unintentional

violations and $25,000 for intentional

violations.

Dated: June 11, 1998.

Lawrence Rudolph,

General Counsel, National Science

Foundation.

[FR Doc. 98–15951 Filed 6–15–98; 8:45 am]

BILLING CODE 7555–01–P