27898 Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Rules and Regulations

upon by EPA in calculating or

evaluating the HRS score for the site.

These reference documents are available

only in the Regional docket.

Interested parties may view

documents, by appointment only, in the

Headquarters or Regional Dockets, or

copies may be requested from the

Headquarters or Regional Dockets. An

informal written request, rather than a

formal request under the Freedom of

Information Act, should be the ordinary

procedure for obtaining copies of any of

these documents. If you wish to obtain

documents by mail from EPA

Headquarters Docket, the mailing

address is as follows: Docket

Coordinator, Headquarters, U.S. EPA

CERCLA Docket Office (Mail Code

5201G), 1401 M Street, SW.,

Washington, DC 20460, 703/603–8917.

(Please note this is the mailing address

only. If you wish to visit the HQ Docket

to view documents, see viewing address

above.)

II. Contents of This Action

This action promulgates a final rule to

add 1 site to the General Superfund

Section of the NPL. This site is Southern

Shipbuilding in Slidell, Louisiana

which was proposed on February 13,

1995 in NPL Proposal #18 (60 FR 8212)

based on an HRS score of 28.5 or

greater. The group number identified for

this site is 5/6. Group numbers are

determined by arranging the NPL by

rank and dividing it into groups of 50

sites. For example, a site in Group 4 has

a score that falls within the range of

scores covered by the fourth group of 50

sites on the NPL.

Public Comments

EPA reviewed all comments received

on the site included in this notice. The

formal comment period ended on April

14, 1995.

EPA’s response to site-specific public

comments and explanations of any score

changes made as a result of such

comments are addressed in the

‘‘Support Document for the Revised

National Priorities List Final Rule—May

1995.’’

III. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866

review.

IV. 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 written statement to

accompany any rules that have ‘‘Federal

mandates’’ that may result in the

expenditure by the private sector of

$100 million or more in any one year.

Under Section 205, EPA must select the

most cost-effective and least

burdensome alternative that achieves

the objective of such a rule and that is

consistent with statutory requirements.

Section 203 requires EPA to establish a

plan for informing and advising any

small governments that may be

significantly and uniquely affected by

the rule.

The Unfunded Mandates Act defines

a ‘‘Federal private sector mandate’’ for

regulatory purposes as one that, among

other things, ‘‘would impose an

enforceable duty upon the private

sector.’’ EPA finds that today’s listing

decision does not impose any

enforceable duties upon the private

sector since inclusion of a site on the

NPL does not itself impose any costs. It

does not establish that EPA necessarily

will undertake remedial action, nor does

it require any action by a private party

or determine its liability for site

response costs. Costs that arise out of

site responses result from site-by-site

decisions about what actions to take, not

directly from the act of listing itself.

Therefore, today’s rulemaking is not a

‘‘Federal private sector mandate’’ and is

not subject to the requirements of

sections 202 or 205 of the Unfunded

Mandates Act. As to Section 203 of this

Act, EPA finds that small governments

will not be significantly and uniquely

affected by this rulemaking.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

materials, Intergovernmental relations,

Natural resources, Oil pollution,

Reporting and recordkeeping

requirements, Superfund, Waste

treatment and disposal, Water pollution

control, Water supply.

Dated: May 22, 1995.

Elliott P. Laws,

Assistant Administrator, Office of Solid Waste

and Emergency Response.

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.

2. Appendix B to Part 300 is amended

by adding the Southern Shipbuilding

site in Slidell, Louisiana, to Table 1,

General Superfund Section, in

alphabetical order.

[FR Doc. 95–12995 Filed 5–25–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Public Health Service

45 CFR Part 60

RIN 0905–AE53

National Practitioner Data Bank for

Adverse Information on Physicians

and Other Health Care Practitioners;

Payment of Fees

AGENCY: Health Resources and Services

Administration, PHS, HHS.

ACTION: Final rule.

SUMMARY: This final rule amends the

existing regulations governing the

National Practitioner Data Bank for

Adverse Information on Physicians and

Other Health Care Practitioners (the

Data Bank) authorizing the reporting

and release of information concerning:

Payments made for the benefit of

physicians, dentists, and other health

care practitioners as a result of medical

malpractice actions or claims; and

certain adverse actions taken regarding

the licenses and clinical privileges of

physicians and dentists. This final rule

removes restrictions on allowed

methods of payment for Data Bank fees.

EFFECTIVE DATE: This regulation is

effective May 26, 1995.

FOR FURTHER INFORMATION CONTACT:

Thomas C. Croft, Director, Division of

Quality Assurance, Bureau of Health

Professions, Health Resources and

Services Administration, Room 8A–55,

5600 Fishers Lane, Rockville, Maryland

20857; telephone number (301) 443–

2300.

SUPPLEMENTARY INFORMATION: This final

rule amends the existing regulations for

the National Practitioner Data Bank for

Adverse Information on Physicians and

Other Health Care Practitioners under

45 CFR part 60. Section 60.12(c)(1) and

(2) currently state that requests to the

Data Bank constitute an agreement to

pay the established user fee and that the

billing of such use will be made during

established intervals. Section 60.12(c)(3)

currently states that Data Bank fees must

be paid by check or money order made

payable to the U.S. Department of

Health and Human Services. The

Department has removed these

regulatory restrictions on allowable

methods of payment to permit the

Secretary to announce alternate
Federal Register / Vol. 60, No. 102 / Friday, May 26, 1995 / Rules and Regulations 27899

payment methods through periodic

notice in the Federal Register.

Paragraph (c)(4) is being redesignated as

(c) and revised to allow the Data Bank

the flexibility: (1) to streamline and

automate its approach to fee collection;

and (2) to offer a greater variety of

payment options to its users, thereby

improving customer service. Paragraphs

(c)(1), (2), and (3) are deleted.

Justification for Omitting Notice of

Proposed Rulemaking

Since these amendments to the Data

Bank regulations are of a technical

nature and only amend the regulations

to reflect the fee payment practices of

the Data Bank, the Secretary has

determined, pursuant to 5 U.S.C. 553

and departmental policy that it is

unnecessary and impractical to follow

proposed rulemaking procedures or to

delay the effective data of these

regulations.

Economic Impact

Executive Order 12866 requires that

all regulations reflect consideration of

alternatives, of costs, of benefits, or

incentives, of equity, and of available

information. Regulations must meet

certain standards, such as avoiding

unnecessary burden. Regulations which

are ‘‘significant’’ because of cost,

adverse effects on the economy,

inconsistency with other agency actions,

effects on the budget, or novel legal or

policy issue, require special analysis.

The Department believes that the

resources required to implement the

requirements in these regulations are

minimal. This final rule simply removes

restrictions on the number of options

available to users of the Data Bank.

Therefore, in accordance with the

Regulatory Flexibility Act of 1980, the

Secretary certifies that these regulations

will not have a significant impact on a

substantial number of small entities. For

the same reasons, the Secretary has also

determined that this is not a

‘‘significant’’ rule under Executive

Order 12866.

Paperwork Reduction Action of 1980

These amendments do not affect the

recordkeeping or reporting requirements

in the existing regulations for the

National Practitioner Data Bank for

Adverse Information on Physicians and

Other Health Care Practitioners.

List of Subjects in 45 CFR Part 60

Health professions, Insurance

companies, Malpractice, Reporting and

recordkeeping requirements.

Dated: April 11, 1995.

Philip R. Lee,

Assistant Secretary for Health.

Approved: May 19, 1995.

Donna E. Shalala,

Secretary.

Accordingly, 45 CFR part 60 is

amended as set forth below:

PART 60— NATIONAL PRACTITIONER

DATA BANK FOR ADVERSE

INFORMATION PHYSICIANS AND

OTHER HEALTH CARE

PRACTITIONERS

1. The authority citation for 45 CFR

part 60 continues to read as follows:

Authority: Secs. 401–432 of the Health

Care Quality Improvement Act of 1986, Pub.

L. 99–660, 100 Stat. 3784–3794, as amended

by section 402 of Pub. L. 100–177, 101 Stat.

1007–1008 (42 U.S.C. 11101–11152.)

2. Section 60.12 is amended by

revising paragraph (c) to read as follows:

§ 60.12 Fees applicable to requests for

information.

* * * * *

(c) Assessing and collecting fees. The

Secretary will announce through notice

in the Federal Register from time to

time the methods of payment of Data

Bank fees. In determining these

methods, the Secretary will consider

efficiency, effectiveness, and

convenience for the Data Bank users and

the Department. Methods may include:

credit card; electronic fund transfer;

check; and money order.

[FR Doc. 95–12907 Filed 5–25–95; 8:45 am]

BILLING CODE 4160–15–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 94–51; RM–8466]

Radio Broadcasting Services; Mamou

and Jonesville, LA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission adopts a

petition for reconsideration filed by

Simla B. Ellis, d/b/a SoTo Broadcasting,

permittee of Station KAHK(FM),

Channel 266A, Mamou, Louisiana. The

Commission substitutes Channel 266C3

for Channel 266A at Mamou, Louisiana,

and modifies the construction permit of

Station KAHK(FM) to specify operation

on the higher powered channel. To

accommodate the upgrade at Mamou,

the Commission also substitutes

Channel 286A for vacant Channel 266A

at Jonesville, Louisiana. See 59 FR

51153, October 7, 1994. Both channels

can be allotted in compliance with the

Commission’s minimum distance

separation requirements. Channel 266C3

at Mamou has a site restriction of 12.2

kilometers (7.6 miles) east to

accommodate Ellis’ desired site. The

coordinates for Channel 266C3 at

Mamou are North Latitude 30–39–42

and West Longitude 92–17–52. The

coordinates for Channel 286A at

Jonesville are North Latitude 31–35–38

and West Longitude 91–45–23.

With this action, this proceeding is

terminated.

EFFECTIVE DATE: July 7, 1995.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Report, MM

Docket No. 94–51, adopted May 11,

1995, and released May 23, 1995. 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, ITS, Inc., (202) 857–

3800, 2100 M Street, NW, Suite 140,

Washington, DC 20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: Sec. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Louisiana, is

amended by removing Channel 266A

and adding Channel 266C3 at Mamou;

and by removing Channel 266A and

adding Channel 286A at Jonesville.

Federal Communications Commission.

Douglas W. Webbink,

Chief, Policy and Rules Division, Mass Media

Bureau.

[FR Doc. 95–12959 Filed 5–25–95; 8:45 am]

BILLING CODE 6712–01–F