Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2723

Title III of the Superfund Amendments

and Reauthorization Act of 1986 [Pub.

L. 99-499]), requires certain facilities

manufacturing, processing, or otherwise

using listed toxic chemicals to report

their environmental releases of such

chemicals annually. Such facilities also

must report pollution prevention and

recycling data for such chemicals,

pursuant to section 6607 of the

Pollution Prevention Act (PPA), 42

U.S.C. 13106. EPCRA section 313 and

PPA section 6607 require that covered

facilities report this information on or

before July 1 of each year for activities

at those facilities during the previous

calendar year. EPA is required to put the

EPCRA section 313/PPA section 6607

information in an electronic data base

that is accessible to the public. This data

base is commonly referred to as the

Toxics Release Inventory (TRI). State

and local governments, industry, nongovernment organizations, and the

public make extensive use of this data

base.

Until 1995, TRI reporting was

required for 368 chemicals and

chemical categories. On November 30,

1994, EPA promulgated final rules that

added 286 chemicals and chemical

categories of chemicals to the list of

toxic chemicals for which reporting is

required under EPCRA section 313 and

PPA section 6607 (59 FR 61432), and

provided an alternate threshold for

certain reporting (59 FR 61488). The

addition of these chemicals and

categories of chemicals in 1994 almost

doubled the number of toxic chemicals

subject to TRI reporting for calendar

1995. In addition, EPA believes that

many facilities will be reporting for the

first time. Calendar year 1995 is the first

year for which covered facilities are

required to submit information on

releases under EPCRA section 313 and

pollution prevention and recycling data

under PPA section 6607 for the newly

added chemicals and categories. It is

also the first year in which facilities can

make use of the alternate reporting

threshold. Under EPCRA section 313

and PPA section 6607, these reports are

due by July 1, 1996.

Each year, prior to the reporting

deadline, EPA develops and sends to

facilities a reporting package containing

the current TRI reporting form (Form R),

the list of toxic chemicals subject to

reporting, and instructions for reporting.

In recent years, the package has also

included a computer diskette containing

an automated Form R for electronic

reporting. This year’s package will also

contain a special form for alternate

threshold reporting. EPA has found that

providing this extensive reporting

package reduces confusion and the

number of reporting errors, and

expedites the whole reporting process.

In the past, these packages have been

distributed by early March of the year in

which reports are due to allow adequate

time for review and use by the reporting

facilities.

II. Additional Time to Report for 1995

Because Congress and the President,

to date, have not approved an

appropriations bill for EPA for fiscal

year 1996, EPA has been operating since

October 1, 1995, under a series of

continuing resolutions. On two separate

occasions these continuing resolutions

have lapsed, resulting in shutdowns of

operations at EPA. These shutdowns

have totaled 17 working days. Further,

in January 1996, EPA’s Washington,

D.C. area offices were closed for 4 days

due to severe inclement weather

conditions. During the shutdowns due

to lack of appropriations, EPA was not

authorized to work on preparing the

1996 TRI reporting package. Since this

work is performed in EPA Headquarters

in Washington, D.C., EPA was also

unable to work on it during the 4 days

of closure due to the inclement weather.

Because these shutdowns have

resulted in delays in finalizing and

distributing the TRI reporting package,

including the 1995 Form R and

accompanying guidance, beyond EPA’s

intended distribution date, facilities

subject to TRI reporting may not have

sufficient time to prepare and submit

their reports by July 1, 1996. EPA is

concerned that in rushing to report by

July 1, facilities may make errors that

would reduce the accuracy and utility of

the reports and, ultimately, the public

data base. This is particularly relevant

for first-time reporters. In addition, EPA

believes that the delay in the

distribution of the reporting package

may create concern in the regulated

community regarding potential

enforcement actions, including civil

penalties, for those facilities submitting

reports that may contain errors as a

result of the late distribution of the EPA

reporting package or reporting after the

July 1, 1996 deadline.

In recognition of the importance to

State and local governments, industry,

and the public that facilities submit

complete and accurate TRI reports, EPA

is allowing all reporting facilities an

additional month to August 1, 1996, to

submit their 1995 TRI reports. However,

reports for the 1995 reporting year that

are filed after August 1, 1996, will be

subject to EPA enforcement action,

where appropriate.

This allowance of additional time for

reporting applies only to the EPCRA

section 313/PPA section 6607 reporting

obligations for TRI reports otherwise

due on July 1, 1996, covering calendar

year 1995. Nothing in this notice shall

be construed to apply to any other

EPCRA reporting obligations, or to any

TRI reports due for past or future

reporting years. Further, this allowance

of additional time for reporting applies

only to the federal EPCRA section 313/

PPA section 6607 reporting obligation; it

does not apply to independent

obligations under State laws which also

require TRI-type reports. However, EPA

encourages the States with similar

requirements that relate to federal TRI

reporting to embrace this allowance of

additional time.

To the extent that this action might be

construed as rulemaking subject to

section 553 of the Administrative

Procedure Act, for the reasons stated

above, EPA has determined that notice

and an opportunity for public comment

are impracticable and unnecessary.

Providing for public comment might

further delay reporting, and, because

there is no substantive change in the

reporting obligation, other than allowing

an additional month, the public will

continue to receive the same

information, though slightly delayed.

Also, public comment would not further

inform EPA’s decision because the

events giving rise to the need to provide

extra time for reporting have already

occurred. In addition, additional notice

and comment procedures in this

situation would be contrary to the

public interest in timely and accurate

reporting of data under EPCRA section

313 and PPA section 6607.

List of Subjects in 40 CFR Part 372

Environmental protection,

Community right-to-know, Reporting

and recordkeeping requirements, and

Toxic chemicals.

Dated: January 22, 1996.

Lynn R. Goldman,

Assistant Administrator for Prevention,

Pesticides and Toxic Substances.

[FR Doc. 96–1540 Filed 1–26–96; 8:45 am]

BILLING CODE 6560–50–F

GENERAL SERVICES

ADMINISTRATION

41 CFR Parts 201–20 and 201–24

[FIRMR Interim Rule 2, Supplement 1]

RIN 3090–AE 71

Amendment of FIRMR Provisions To

Modify Requirements for Obtaining

Delegations of Procurement Authority

AGENCY: Information Technology

Service, GSA.
2724 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

ACTION: Interim rule with request for

comments.

SUMMARY: This change to the Federal

Information Resources Management

Regulation (FIRMR) revises policies

regarding delegations of procurement

authority from GSA for the acquisition

of Federal information processing (FIP)

resources. In a FIRMR rule change

issued October 24, 1994, GSA

established three tiers of regulatory

thresholds for information technology

resources: $20 million, $10 million, and

$5 million based on the size of an

agency’s information technology budget

and its management record. In letters to

all Federal agencies dated June 19, 1995,

GSA granted specific agency delegations

of procurement authority of $100

million to each agency. This rule change

codifies that higher delegation authority

by establishing $100 million as the

regulatory threshold for agency

acquisitions of FIP resources. This

change is made in continuation of a long

term GSA trend to place greater

authority in the hands of the operating

agencies. The higher threshold will

allow agencies to assume greater

responsibility for their acquisitions

while allowing GSA to focus on larger,

more complex acquisitions. In addition

to increasing the dollar amount of

regulatory delegations thresholds, this

interim rule strongly encourages agency

Designated Senior Officials (DSO’s) to

redelegate a minimum of 25 percent of

GSA’s exclusive procurement authority

for FIP resources to qualified officials at

other levels, and changes the approving

authority for exceptions to the use of

GSA’s consolidated local

telecommunications service.

DATES: This amendment is effective

immediately upon publication.

Comments will be considered in the

final rule, but must be received on or

before February 28, 1996.

FOR FURTHER INFORMATION CONTACT:

Doris Farmer, GSA/MKR, FTS/

Commercial (202) 501–0960 (v), Internet

(doris.farmer@gsa.gov), or (202) 501–

0657 (tdd).

SUPPLEMENTARY INFORMATION: (1) This

interim rule enables GSA to focus on

high dollar, high risk agency

information technology acquisitions. It

provides more authority to agencies,

while continuing to require increased

measures of accountability and

outcomes. The increased authority

allows agencies to further streamline

their internal acquisition management

and review functions. It also promotes

improvements in early agency planning

and analysis of business processes that

may be improved through the use of

information technology. (2) An

explanation of the changes being made

follows:

(a) Subsection 201–20.305(a) is

amended to encourage DSO’s to

redelegate a minimum of 25 percent of

the monetary value of GSA’s delegated

procurement authority to other qualified

agency officials at lower organizational

levels where sufficient expertise exists.

Such redelegations will further expedite

FIP acquisitions and provide for a more

efficient process. DSO’s who elect not to

redelegate at least 25 percent, or who

withdraw earlier delegations, must

advise GSA in writing of the

circumstances that will not allow

redelegation and the management action

being taken to allow such redelegation

in the future. This change greatly

increases the authority granted agencies

in Interim Rule 2, which stated that

agencies could only redelegate a

maximum of 50 percent of their

delegated authority.

(b) Subsection 201–20.305–1 is

amended to establish a new regulatory

delegation of procurement authority of

$100 million for acquiring FIP resources

without prior approval from GSA. This

dollar threshold also applies to specific

make and model requirements and

requirements available from only one

source.

(c) Subsection 201–24.102(c)(2) is

amended to inform agencies to submit

requests for exceptions to the use of

consolidated local telecommunications

service directly to the Federal

Telecommunications Service (TT) for

review.

(3) This rule was submitted to, and

approved by, the Office of Management

and Budget in accordance with

Executive Order 12866, Regulatory

Planning and Review.

(4) The recordkeeping provisions of

the Paperwork Reduction Act do not

apply because the FIRMR changes do

not impose information collection

requirements or collection of

information from offerors, contractors,

or members of the public which require

the approval of OMB under 44 U.S.C.

3501 et seq.

List of Subjects in 41 CFR Parts 201–20

and 201–24

Archives and records, Computer

technology, Federal information

processing resources activities,

Government procurement, Property

management, Records management, and

Telecommunications.

For the reasons set forth in the

preamble, GSA is amending 41 CFR

Parts 201–20 and 201–24 as follows:

PART 201–20—ACQUISITION

1. The authority citation for part 201–

20 continues to read as follows:

Authority: 40 U.S.C. 486(c) and 751(f).

2. Section 201–20.305 is amended by

revising paragraphs (a)(3) and (a)(5) as

follows:

§ 201–20.305 Delegation of GSA’s

exclusive procurement authority.

* * * * *

(3) The agency’s DSO should

redelegate, at a minimum, 25 percent of

the monetary value of GSA’s delegated

exclusive authorities for FIP resources

to qualified officials possessing the

expertise to conduct and manage FIP

acquisitions.

* * * * *

(5) DSO’s who elect not to redelegate

at least 25 percent of the monetary value

of the delegated authority, or who

withdraw a delegation, shall advise

GSA/MKA, 18th and F Streets, NW.,

Washington, DC 20405, in writing, of

the circumstances involving such

redelegations and their plan regarding

redelegations within the agency.

* * * * *

3. Section 201–20.305–1 is amended

by revising paragraphs (a)(1)

introductory text and (a)(3) introductory

text, as follows:

§ 201–20.305–1 Regulatory delegations.

(a) * * *

(1) FIP equipment, software, services,

and support services when the total

estimated dollar value of all of the FIP

resources to be acquired under the

contract, including all optional items

and all option periods, does not exceed

$100 million, and if either paragraph

(a)(1) (i), (ii) or (iii) of this section

applies:

* * * * *

(3) Use or acquisition of FIP resources

from the following GSA contracting

programs do not require delegations of

procurement authority from GSA:

* * * * *

PART 201–24—GSA SERVICES AND

ASSISTANCE

1. The authority citation for part 201–

24 continues to read as follows:

Authority: 40 U.S.C. 486(c) and 751(f).

2. Section 201–24.102 is amended by

revising paragraph (c)(2) as follows:

§ 201–24.102 Consolidated local

telecommunications service.

* * * * *

(c) * * *

(2) Agencies shall submit requests for

exceptions to the use of consolidated
Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2725

local telecommunications services to:

GSA, Federal Telecommunications

Service (TT), 1730 M Street, NW., Suite

200, Washington, DC 20036.

* * * * *

Dated: October 11, 1995.

Roger W. Johnson,

Administrator of General Services.

[FR Doc. 96–1140 Filed 1–26–96; 8:45 am]

BILLING CODE 6820–25–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 412 and 413

[BPD–825–FCN]

RIN 0938–AG95

Medicare Program; Changes to the

Hospital Inpatient Prospective

Payment Systems and Fiscal Year 1996

Rates; Corrections

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Correction to final rule.

SUMMARY: In the September 1, 1995,

issue of the Federal Register (60 FR

45778), we published a final rule with

comment period revising the Medicare

hospital inpatient prospective payment

systems for operating costs and capitalrelated costs to implement necessary

changes arising from our continuing

experience with the system. In the

addendum to that final rule with

comment period, we announced the

prospective payment rates for Medicare

hospital inpatient services for operating

costs and capital-related costs

applicable to discharges occurring on or

after October 1, 1995, and set forth

update factors for the rate-of-increase

limits for hospitals and hospital units

excluded from the prospective payment

systems. This document corrects errors

made in that document.

EFFECTIVE DATE: October 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Stephen Phillips (410) 786–4548.

SUPPLEMENTARY INFORMATION: In the

September 1, 1995, final rule with

comment period (60 FR 45778), we

indicated that if a hospital believes its

wage index value is incorrect as a result

of an intermediary or HCFA error that

the hospital could not have known

about before reviewing data made

available in mid-August, the hospital

must notify the intermediary and HCFA

in writing, to be received no later than

September 21, 1995 (see 60 FR 45794).

As a result of this process, we have

identified several corrections to the

wage data. Accordingly, the wage index

values for several areas have changed

and are corrected in this notice.

The final rule with comment period

also contained other technical and

typographical errors. In particular, we

inadvertently failed to correct a

technical error in § 412.105(d), which

now indicates that the current method

for determining the education

adjustment factor for hospitals that

incur indirect costs for graduate medical

education (IME) programs is effective

only for discharges occurring before

October 1, 1995. Since section

4002(b)(3) of the Omnibus Budget

Reconciliation Act of 1990 amended

section 1886(d)(5)(B)(ii) of the Social

Security Act to eliminate the

requirement that the current method for

calculating the IME adjustment was to

expire as of October 1, 1995, we needed

to delete the incorrect reference to the

October 1, 1995, expiration date in our

September 1, 1995, final rule with

comment period.

Therefore, we are making the

following corrections to the September

1, 1995, final rule with comment period:

§ 412.105 [Corrected]

1. On page 45848, column one, item

10, the phrase ‘‘paragraph (b) is revised

to read as follows:’’ is corrected to read

‘‘paragraphs (b) and (d) are revised to

read as follows:’’

2. On page 45848, column one, item

10, insert corrected paragraph (d),

which reads as follows:

* * * * *

(d) Determination of education

adjustment factor. For discharges

occurring on or after October 1, 1988,

each hospital’s education adjustment

factor is calculated as follows:

* * * * *

§ 413.40 [Corrected]

3. On page 45850, column one,

§ 413.40(g)(1), in the third line the

phrase ‘‘under paragraph (e) of this

section’’ is corrected to read ‘‘under

paragraph (g) of this section’’.

4. On pages 45867 through 45882, in

Table 3C—Hospital Case Mix Indexes

for Discharges Occurring in Federal

Fiscal Year 1994, Hospital Average

Hourly Wage for Federal Fiscal Year

1996 Wage Index, the average hourly

wage is corrected as follows:

Provider Case mix index Avg. hourly wage Corrected avg. hourly wage

090004 01.6239 22.47 22.45

090005 01.2725 25.88 25.02

090008 01.5653 19.96 23.02

210003 01.5173 26.44 26.40

210005 01.1988 18.75 18.50

210008 01.3734 19.80 19.78

210026 01.3603 22.97 22.82

210060 01.0967 21.07 21.23

230002 01.2674 18.51 18.81

330023 01.1830 21.41 21.64

340039 01.2728 17.98 18.05

340064 01.2236 15.48 17.13

340098 01.6534 17.84 17.68

340166 01.3806 18.12 18.14

390174 01.7096 23.29 23.19

390226 01.7113 22.03 21.84

450025 01.4725 15.12 15.36

450029 01.4012 11.81 12.01

450121 01.5746 18.89 19.39

450196 01.4781 13.63 14.62