Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Rules and Regulations 16053

Authority: 21 U.S.C. 346a and 348.

b. By adding new §§ 185.1975,

185.1985, and 185.3775, to read as

follows:

§ 185.1975 Dihydro-5-heptyl-2(3H)-

furanone.

The food additive dihydro-5-heptyl2(3H)-furanone may be safely used in

accordance with the following

conditions:

(a) It is used in combination with the

active ingredients d-limonene and

dihydro-5-pentyl-2(3H)-furanone in

insect-repellent tablecloths and in

insect-repellent strips used in foodhandling establishments.

(b) To assure safe use of the

insecticide, its label and labeling shall

conform to that registered by the U.S.

Environmental Protection Agency, and

it shall be used in accordance with such

label and labeling.

§ 185.1985 Dihydro-5-pentyl-2(3H)-

furanone.

The food additive dihydro-5-pentyl2(3H)-furanone may be safely used in

accordance with the following

conditions:

(a) It is used in combination with the

active ingredients d-limonene and

dihydro-5-heptyl-2(3H)-furanone in

insect-repellent tablecloths and in

insect-repellent strips used in foodhandling establishments.

(b) To assure safe use of the

insecticide, its label and labeling shall

conform to that registered by the U.S.

Enviornmental Protection Agency, and

it shall be used in accordance with such

label and labeling.

§ 185.3775 d-Limonene.

The food additive d-limonene may be

safely used in accordance with the

following conditions:

(a) It is used with the active

ingredients dihydro-5-pentyl-2(3H)-

furanone and dihydro-5-heptyl-2(3H)-

furanone in insect-repellent tablecloths

and in insect-repellent strips used in

food-handling establishments.

(b) To assure safe use of the

insecticide, its label and labeling shall

conform to that registered by the U.S.

Environmental Protection Agency, and

it shall be used in accordance with such

label and labeling.

PART 186—[AMENDED]

2. In part 186:

a. The authority citation for part 186

continues to read as follows:

Authority: 21 U.S.C. 348.

b. By adding new §§ 186.1975,

186.1985, and 186.3775, to read as

follows:

§ 186.1975 Dihydro-5-heptyl-2(3H)-

furanone.

The feed additive dihydro-5-heptyl2(3H)-furanone may be safely used in

accordance with the following

conditions:

(a) It is used in combination with the

active ingredients d-limonene and

dihydro-5-pentyl-2(3H)-furanone in

insect-repellent tablecloths and in

insect-repellent strips used in feedhandling establishments.

(b) To assure safe use of the

insecticide, its label and labeling shall

conform to that registered by the U.S.

Environmental Protection Agency, and

it shall be used in accordance with such

label and labeling.

§ 186.1985 Dihydro-5-pentyl-2(3H)-

furanone.

The feed additive dihydro-5-pentyl2(3H)-furanone may be safely used in

accordance with the following

conditions:

(a) It is used in combination with the

active ingredients d-limonene and

dihydro-5-heptyl-2(3H)-furanone in

insect-repellent tablecloths and in

insect-repellent strips used in feedhandling establishments.

(b) To assure safe use of the

insecticide, its label and labeling shall

conform to that registered by the U.S.

Enviornmental Protection Agency, and

it shall be used in accordance with such

label and labeling.

§ 186.3775 d-Limonene.

The feed additive d-limonene may be

safely used in accordance with the

following conditions:

(a) It is used with the active

ingredients dihydro-5-pentyl-2(3H)-

furanone and dihydro-5-heptyl-2(3H)-

furanone in insect-repellent tablecloths

and in insect-repellent strips used in

feed-handling establishments.

(b) To assure safe use of the

insecticide, its label and labeling shall

conform to that registered by the U.S.

Environmental Protection Agency, and

it shall be used in accordance with such

label and labeling.

[FR Doc. 95–7715 Filed 3–28–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 300

[FRL–5180–4]

Amendment to the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP); CERCLIS

Definition Change

AGENCY: Environmental Protection

Agency.

ACTION: Amendment to change

definition.

SUMMARY: The Environmental Protection

Agency (EPA) is adopting new

procedures for maintaining its

Comprehensive Environmental

Response, Compensation and Liability

Information System (CERCLIS).

CERCLIS is the data base and data

management system EPA uses to track

activities at sites considered for cleanup

under the Comprehensive

Environmental Response and Liability

Act (CERCLA) (also known as

Superfund).

Today’s document announces the

decision to remove from CERCLIS those

sites that EPA has decided do not

warrant further evaluation under

Superfund. We specifically include sites

that the Agency has given a designation

of ‘‘No Further Response Action

Planned’’ (NFRAP), to eliminate any

possible disincentive to purchase,

improve, redevelop, and revitalize sites,

related to inclusion on CERCLIS.

EFFECTIVE DATE: This rule is effective

March 29, 1995.

FOR FURTHER INFORMATION CONTACT:

Michael Cullen, Office of Program

Management, Office of Emergency and

Remedial Response (5201G), U.S.

Environmental Protection Agency, 401

M Street, SW., Washington, DC, 20460,

or the Superfund Hotline, phone (800)

424–9346, or (703) 412–9810 in the

Washington DC, metropolitan area.

SUPPLEMENTARY INFORMATION: Sites

given a NFRAP designation will now be

placed in a separate archived data base.

This document reflects these decisions

by instituting formal changes to the part

of EPA’s regulations known as the

National Oil and Hazardous Substances

Pollution Contingency Plan (NCP), 40

CFR part 300. Specifically, EPA is

changing the definition of CERCLIS,

found at 40 CFR 300.5, to provide that

NFRAP sites will be placed in a separate

archived data base that will also be

available to the public.

This amendment to the CERCLIS

definition also reflects the possibility

that, in the future, EPA may consider

archiving other categories of sites from

CERCLIS at which the Agency’s

Superfund program has no further

involvement.

Since these changes are matters

relating to internal Agency management,

there is no requirement for public notice

and opportunity to comment.

The NCP describes CERCLIS and

NFRAP in its ‘‘Definitions’’ section, 40

CFR 300.5. CERCLIS contains the

official inventory of potential CERCLA

sites and supports EPA’s site planning
16054 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Rules and Regulations

and tracking functions. CERCLIS

contains information from pre-remedial,

remedial, removal and enforcement

actions of the Superfund program, and

has the flexibility to retrieve these

actions separately for tracking, planning

or analysis purposes.

When a site is identified and placed

in CERCLIS, it may undergo a series of

evaluations of increasing complexity.

These include a Preliminary

Assessment, a Site Inspection, an

Expanded Site Inspection, listing on the

National Priorities List (NPL),

conducting a Remedial Investigation/

Feasibility Study, signing a Record of

Decision detailing the remedial action

which will be taken, completing all

remedial actions, formally deleting the

site from the NPL, taking enforcement

actions against liable parties, and

conducting removal actions or other

actions to stabilize site conditions.

At any stage prior to listing a site on

the NPL, EPA may determine that no

further response action under CERCLA

is appropriate, and the site is given a

NFRAP designation or it may be

deferred to another authority for

response action. This means that no

additional Federal steps under CERCLA

will be taken at the site unless further

information warrants such action.

According to the CERCLIS definition

in § 300.5 of the NCP, a site is not

removed from the CERCLIS data base

after evaluations have been completed.

This would include sites that have been

given a NFRAP designation. This means

that over 20,000 NFRAP sites continued

to remain in CERCLIS even though no

further action was planned.

In the revision to the NCP issued on

March 8, 1990, (55 FR 8666) EPA

explained that sites were not removed

from the CERCLIS data base after

completion of evaluations ‘‘in order to

document that the evaluation took place

and to preclude the possibility that it be

needlessly repeated.’’ 40 CFR 300.5

(definition of CERCLIS); see also 55 FR

8692–8693. This, of course, included

NFRAP sites.

Since the NCP revision, however, the

CERCLIS data base has taken on more

significance than EPA had intended.

While inclusion of a site in CERCLIS

does not represent a determination of

any party’s liability or a finding that any

response action is necessary, numerous

oral and written comments have come

to EPA from property owners, the

housing and banking industry,

prospective purchasers of CERCLIS

properties, and the general public

indicating that there is an apparent yet

unintended stigma attached to sites in

CERCLIS. This stigma has resulted in

economic drawbacks as well as the

disincentive to purchase, improve,

redevelop, and revitalize sites.

Because of this unintended stigma,

EPA has decided to change the way it

handles NFRAP sites and will exclude

sites designated as NFRAP from the

CERCLIS inventory. NFRAP sites will be

removed from CERCLIS and archived as

historical records. A NFRAP designation

means that no additional steps under

the Federal Superfund program will be

taken at the site unless new information

arrives which indicates otherwise. This

archived database will be retrievable

and accessible to the public upon

request.

EPA Administrator Carol Browner

announced the decision to remove

NFRAP sites from the CERCLIS data

base on January 25, 1995. Today’s action

formally amends the CERCLIS

definition to implement the

Administrator’s announcement.

EPA is also considering removing

from CERCLIS other categories of sites

at which the EPA Superfund program

has no further involvement. These sites

could include sites deleted from the

NPL or those being addressed by EPA’s

corrective action program under the

Resource Conservation and Recovery

Act (RCRA). In order to increase its

flexibility in managing these sites on

CERCLIS, EPA is also amending the

CERCLIS definition to remove any

statement that sites at which EPA has no

further Superfund involvement will

remain on CERCLIS. EPA has not made

the decision on these other sites, yet,

but will notify the public of any

decision.

In the 1990 revision to the NCP, EPA

did respond to public comments on the

structure of CERCLIS and decided to

leave sites on CERCLIS even after

completion of evaluations, including

NFRAP sites. It was not necessary at

that time to take comment on this issue,

nor is it necessary now that EPA is

amending the NCP. This is because the

Administrative Procedure Act (APA), 5

U.S.C. 553(a), exempts from

requirements for public notice and

opportunity to comment any ‘‘matter

relating to agency management. * * *’’

5 U.S.C. 553(a)(2). How EPA structures

its CERCLIS data base and management

system is a matter relating to Agency

management.

To the extent it may be argued that

public notice and opportunity to

comment is required, EPA finds that

good cause exists, under 5 U.S.C. 553(b),

not to apply these requirements because

this amendment has no legal effect, and

no effect on choosing Superfund

cleanup actions, since the decision has

already been make that there will be no

further Superfund action at NFRAP

sites. Therefore, compliance with notice

and hearing requirements are

unnecessary.

According to its regulatory definition,

at 40 CFR 300.5, CERCLIS is an EPA

computerized database and

‘‘management system that inventories

and tracks releases addressed or needed

to be addressed by the Superfund

program.’’ [Emphasis added]. It simply

‘‘stores management information on all

sites evaluated under Superfund.’’

[Emphasis added]. See, Final Rule,

National Oil and Hazardous Substances

Pollution Contingency Plan, 55 FR 8666

at 8693 (March 8, 1990). Designations in

CERCLIS are only memorializations of

Agency decisions already made. Today’s

action does not change the public’s

ability to obtain any information

compiled at any time in the CERCLIS

data base.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

materials, Hazardous substances,

Intergovernmental relations, Natural

resources, Occupational safety and

health, Oil pollution, Reporting and

recordkeeping requirements, Superfund,

Waste treatment and disposal, Water

pollution control, Water supply.

Dated: March 23, 1995.

Elliott P. Laws,

Assistant Administrator.

Therefore, 40 CFR part 300 is

amended as follows:

PART 300—[AMENDED]

1. The authority citation for part 300

is revised to read as follows:

Authority: 42 U.S.C. 9601–9657; 33 U.S.C.

1321(c)(2); E.O. 11735, 38 FR 21243; E.O.

12580, 52 FR 2923.

2. Section 300.5 is amended by

revising the definition for ‘‘CERCLIS’’ to

read as follows:

§ 300.5 Definitions.

* * * * *

CERCLIS is the abbreviation of the

CERCLA Information System, EPA’s

comprehensive data base and data

management system that inventories

and tracks releases addressed or needing

to be addressed by the Superfund

program. CERCLIS contains the official

inventory of CERCLA sites and supports

EPA’s site planning and tracking

functions. Sites that EPA decides do not

warrant moving further in the site

evaluation process are given a ‘‘No

Further Response Action Planned’’

(NFRAP) designation. This means that

no additional federal steps under

CERCLA will be taken at the site unless
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Rules and Regulations 16055

1 Fee Collection Program, 5 FCC Rcd 3558, 3565

(1990); Public Notice, Filing of Time Critical

Feeable Applications, 67 Rad. Reg (P&F) 2d 1127

(1990); see GAF Broadcasting Company, 8 FCC Rcd

1742, 1744 (Aud. Serv. Div. 1993) (application

received at the lockbox facility the day after the

official deadline considered timely filed).

future information so warrants. Sites

given a NFRAP designation are placed

in a separate archival data base.

Inclusion of a specific site or area in the

CERCLIS data base does not represent a

determination of any party’s liability,

nor does it represent a finding that any

response action is necessary.

* * * * *

[FR Doc. 95–7596 Filed 3–28–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[FCC 95–1]

Filing of Documents

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This order will clarify the

Commission’s rule regarding the filing

of documents by including language

stating that, unless otherwise provided

in this Title, by Public Notice, or by

decision of the Commission or

Commission staff acting on delegated

authority, documents are deemed filed

when they are received by the

Commission. This order is intended to

provide guidance to the public and

avoid any potential uncertainty.

EFFECTIVE DATE: March 29, 1995.

FOR FURTHER INFORMATION CONTACT:

Donna Viert, Office of General Counsel,

(202) 418–1720.

SUPPLEMENTARY INFORMATION:

Order

In the matter of: Amendment of the

Commission’s Rules of Practice and

Procedure.

Adopted: January 3, 1995.

Released: February 21, 1995.

By the Commission:

1. On September 26, 1994,

Multinational Legal Services, P.C. (MLS)

filed a Petition for Reconsideration or

Clarification of the Commission’s Order,

FCC 94–210, released August 24, 1994,

59 Fed. Reg. 44340 (1994), by which the

Commission promulgated new section

1.7 of its Rules, 47 CFR 1.7. In adopting

section 1.7, the Order formalized a

Commission practice of accepting

documents as filed when they are

received at a location designated by the

Commission. The Order may have

created some confusion, and to address

this, we grant MLS’s petition and clarify

the language of section 1.7. See 59 FR

44340.

2. In its petition, MLS argues that

section 1.7 may create uncertainty about

the filing deadline for time-critical

applications at the lockbox facility of

the Mellon Bank in Pittsburgh,

Pennsylvania. In accordance with

procedural rules adopted in connection

with our fee collection program,

applications submitted to the lockbox

facility by the next business day after an

official filing deadline are considered

timely filed.1 This procedural rule

allowing additional time is not,

however, codified in the Code of

Federal Regulations. MLS notes that this

rule may therefore conflict with the

newly promulgated section 1.7 which

states that:

Unless otherwise provided in this Title

[47], pleadings and other documents are

considered to be filed with the Commission

upon their receipt at the location designated

by the Commission.

3. To avoid potential confusion, we

will adopt MLS’s recommendation (with

one minor change) and clarify section

1.7 by including language stating that,

unless otherwise provided in this Title,

by Public Notice, or by decision of the

Commission or Commission staff acting

on delegated authority, documents are

deemed filed when they are received by

the Commission.

4. In view of the foregoing and

pursuant to the authority contained in

sections 4(i), 4(j), and 303(r) of the

Communications Act of 1934, as

amended, 47 U.S.C. 154(i), 154(j), and

303(r), it is ordered that the Petition for

Reconsideration or Clarification filed by

Multinational Legal Services, P.C. is

granted.

5. It is further ordered that Part 1 of

the Commission’s Rules is amended in

the manner indicated below to be

effective upon publication in the

Federal Register.

List of Subjects in 47 CFR Part 1

Administrative practice and

procedure.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Rule Change

Part 1 of Chapter I of Title 47 of the

Code of Federal Regulations is amended

as follows:

PART 1—PRACTICE AND

PROCEDURE

1. The authority citation for Part 1

continues to read:

Authority: 47 U.S.C. 154, 303, 503(b)(5); 5

U.S.C. 552; 21 U.S.C. 853a, unless otherwise

noted.

2. Section 1.7 is revised to read as

follows:

§ 1.7 Documents are filed upon receipt.

Unless otherwise provided in this

Title, by Public Notice, or by decision

of the Commission or of the

Commission’s staff acting on delegated

authority, pleadings and other

documents are considered to be filed

with the Commission upon their receipt

at the location designated by the

Commission.

[FR Doc. 95–7700 Filed 3–28–95; 8:45 am]

BILLING CODE 6712–01–M

47 CFR Part 15

[DH 95–581]

Closed Captioning Requirements for

Computer Systems Used as Television

Receivers

AGENCY: Federal Communications

Commission.

ACTION: Interpretation.

SUMMARY: The FCC’s Office of

Engineering and Technology is issuing

this document interpreting the

requirements of the Television Decoder

Circuitry Act of 1990 and the FCC rules

implementing that Act, as they apply to

computer systems. These requirements

specify that all devices designed to

receive television service must be

equipped with built-in decoder circuitry

designed to display closed-captioned

television transmissions when the

picture size of such a device is 33 cm

(13 inches) or greater in size. This

interpretation is intended to provide

guidance for computer manufacturers

and vendors with regard to the

application of the closed caption

circuitry requirements to computers and

other related equipment that provide the

capability to receive television

transmissions.

ADDRESSES: Federal Communications

Commission, 1919 M Street NW.,

Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:

Richard Engelman, Office of

Engineering and Technology, (202) 776–

1626.