Federal Register / Vol. 61, No. 17 / Thursday, January 25, 1996 / Rules and Regulations 2121

and a summary of any evidence relied

upon by the objector (40 CFR 178.27). A

request for a hearing will be granted if

the Administrator determines that the

material submitted shows the following:

There is a genuine and substantial issue

of fact; there is a reasonable possibility

that available evidence identified by the

requestor would, if established, resolve

one or more of such issues in favor of

the requestor, taking into account

uncontested claims or facts to the

contrary; and resolution of the factual

issue(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

A record has been established for this

rulemaking under docket number [PP

3E4230/R2189] (including any

objections and hearing requests

submitted electronically as described

below). A public version of this record,

including printed, paper versions of

electronic comments, which does not

include any information claimed as CBI,

is available for inspection from 8 a.m. to

4:30 p.m., Monday through Friday,

excluding legal holidays. The public

record is located in Room 1132 of the

Public Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency,

Crystal Mall #2, 1921 Jefferson Davis

Highway, Arlington, VA.

Written objections and hearing

requests, identified by the document

control number [PP 3E4230/R2189],

may be submitted to the Hearing Clerk

(1900), Environmental Protection

Agency, Rm. 3708, 401 M St. SW.,

Washington, DC 20460.

A copy of electronic objections and

hearing requests filed with the Hearing

Clerk can be sent directly to EPA at:

opp-Docket@epamail.epa.gov

A copy of electronic objections and

hearing requests filed with the Hearing

Clerk must be submitted as an ASCII file

avoiding the use of special characters

and any form of encryption.

The official record for this

rulemaking, as well as the public

version, as described above will be kept

in paper form. Accordingly, EPA will

transfer any objections and hearing

requests received electronically into

printed, paper form as they are received

and will place the paper copies in the

official rulemaking record which will

also include all objections and hearing

requests submitted directly in writing.

The official rulemaking record is the

paper record maintained at the address

in ADDRESSES at the beginning of this

document.

Under Executive Order 12866 (58 FR

51735, Oct. 4, 1993), the Agency must

determine whether the regulatory action

is ‘‘significant’’ and therefore subject to

review by the Office of Management and

Budget (OMB) and the requirements of

the Executive Order. Under section 3(f),

the order defines a ‘‘significant

regulatory action’’ as an action that is

likely to result in a rule (1) having an

annual effect on the economy of $100

million or more, or adversely and

materially affecting a sector of the

economy, productivity, competition,

jobs, the environment, public health or

safety, or State, local, or tribal

governments or communities (also

referred to as ‘‘economically

significant’’); (2) creating serious

inconsistency or otherwise interfering

with an action taken or planned by

another agency; (3) materially altering

the budgetary impacts of entitlement,

grants, user fees, or loan programs or the

rights and obligations of recipients

thereof; or (4) raising novel legal or

policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in this Executive

Order.

Pursuant to the terms of the Executive

Order, EPA has determined that this

rule is not ‘‘significant’’ and is therefore

not subject to OMB review.

Pursuant to the requirements of the

Regulatory Flexibility Act (Pub. L. 96–

354, 94 Stat. 1164, 5 U.S.C. 601–612),

the Administrator has determined that

regulations establishing new tolerances

or raising tolerance levels or

establishing exemptions from tolerance

requirements do not have a significant

economic impact on a substantial

number of small entities. A certification

statement to this effect was published in

the Federal Register of May 4, 1981 (46

FR 24950).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: January 16, 1996.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

Therefore, 40 CFR part 180 is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. In subpart D, by adding new

§ 180.1160, to read as follows:

§ 180.1160 Jojoba oil; exemption from the

requirement of a tolerance.

The insecticide and spray tank

adjuvant jojoba oil is exempted from the

requirement of a tolerance in or on all

raw agricultural commodities when

applied at the rate of 1.0% or less of the

final spray in accordance with good

agricultural practices, provided the

jojoba oil does not contain simmondsin,

simmondsin-2-ferulate, and related

conjugated organonitriles including

demethyl simmondsin and

didemethylsimmondsin.

[FR Doc. 96–1211 Filed 1–24–96; 8:45 am]

BILLING CODE 6560–50–F

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 101–20

[FPMR Amendment D–94]

RIN 3090–AF90

Tobacco Vending

AGENCY: General Services

Administration.

ACTION: Final rule.

SUMMARY: General Services

Administration’s Appropriations Act,

Public Law 104–52, Section 636,

referred to as the ‘‘Prohibition of

Cigarette Sales to Minors in Federal

Buildings and Land Act,’’ requires the

Administrator of General Services to

promulgate regulations that prohibit the

sale of tobacco products in vending

machines and the distribution of free

samples of tobacco products in

Government-owned and leased space

under the custody and control of the

GSA. GSA intends to have tobaccoproduct vending machines removed

from Government property.

EFFECTIVE DATE: January 25, 1996.

FOR FURTHER INFORMATION CONTACT:

Dan Shipley, (202) 501–1968.

SUPPLEMENTARY INFORMATION: The

General Services Administration (GSA)

has determined that this rule is not a

significant regulatory action for the

purposes of Executive Order 12866.

The Paperwork Reduction Act does

not apply because the revisions do not

impose record keeping or information

collection requirements, or collections

of information from offerors,

contractors, or members of the public

which require the approval of the Office

of Management and Budget under

U.S.C. 3501, et seq. This rule is not

required to be published in the Federal

Register for notice and comment.

Therefore, the Regulatory Flexibility Act

does not apply.
2122 Federal Register / Vol. 61, No. 17 / Thursday, January 25, 1996 / Rules and Regulations

List of Subjects in 41 CFR Part 101–20

Concessions, Federal buildings and

facilities, Government property

management.

For the reasons set forth in the

preamble, 41 CFR Part 101–20 is

amended as follows:

PART 101–20—MANAGEMENT OF

BUILDINGS AND GROUNDS

1. The authority citation for Part 101–

20 continues to read as follows:

Authority: Sec. 205(c), 63 Stat. 390 (40

U.S.C. 486(c)

Subpart 101–20.2—Vending Facility

Program for Blind Persons

2. Section 101–20.109 is amended by

adding paragraph (d) to read as follows:

§ 101–20.109 Concessions.

* * * * *

(d) Public Law 104–52, Section 636,

prohibits the sale of tobacco products in

vending machines in Government–

owned and leased space under the

custody and control of GSA. The

Administrator of GSA or the head of an

Agency may designate areas not subject

to the prohibition, if the area prohibits

minors and reports are made to the

appropriate committees of Congress.

2. Section 101–20.204 is amended by

revising paragraph (c)(3) to read as

follows:

§ 101–20.204 Terms of permit.

* * * * *

(c) * * *

(3) Articles sold at vending facilities

operated by blind licensees may consist

of newspapers, periodicals,

publications, confections, tobacco

products, foods, beverages, chances for

any lottery authorized by State law and

conducted by an agency of a State

within such State, and other articles or

services as are determined by the State

licensing agency, in consultation with

GSA to be suitable for a particular

location. Such articles and services may

be dispensed automatically or manually

and may be prepared on or off the

premises. Public Law 104–52, Section

636, prohibits the sale of tobacco

products in vending machines in

Government-owned and leased space

under the custody and control of GSA.

3. Section 101–20.309 is revised to

read as follows:

§ 101–20.309 Posting and distributing

materials.

(a) Public Law 104–52, Section 636,

prohibits the distribution of free

samples of tobacco products in or

around Federal buildings.

(b) Posting or affixing materials, such

as pamphlets, handbills, or flyers, on

bulletin boards or elsewhere on GSAcontrolled property is prohibited, except

as authorized in § 101–20.308 or when

these displays are conducted as part of

authorized Government activities.

Distribution of materials, such as

pamphlets, handbills, or flyers is

prohibited, except in the public areas of

the property as defined in § 101–

20.003(z), unless conducted as part of

authorized Government activities. Any

person or organization proposing to

distribute materials in a public area

under this section shall first obtain a

permit from the building manager under

Subpart 101–20.4 and shall conduct

distribution in accordance with the

provisions of Subpart 101–20.4. Failure

to comply with those provisions is a

violation of these regulations.

Dated: January 5, 1996.

Roger W. Johnson,

Administrator of General Services.

[FR Doc. 96–1088 Filed 1–24–96; 8:45 am]

BILLING CODE 6820–23–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Office of Inspector General

42 CFR Part 1001

RIN 0991–AA69

Medicare and State Health Care

Programs: Fraud and Abuse; Safe

Harbors for Protecting Health Plans

AGENCY: Office of Inspector General

(OIG), HHS.

ACTION: Final rule.

SUMMARY: In accordance with section 14

of the Medicare and Medicaid Patient

and Program Protection Act of 1987, this

final rule sets forth various standards

and guidelines for safe harbor

provisions designed to protect certain

health care plans, such as health

maintenance organizations and

preferred provider organizations, under

the Medicare and State health care

programs’ anti-kickback statute. These

safe harbor provisions were originally

published in the Federal Register on

November 5, 1992 in interim final form.

In response to the various public

comments received, this final rule

revises and clarifies various aspects of

that earlier rulemaking.

EFFECTIVE DATE: This rule is effective on

January 25, 1996.

FOR FURTHER INFORMATION CONTACT:

Linda Grabel or Tom Hoffman, Office of

the General Counsel, (202) 619–0335

Joel Schaer, Office of Inspector General,

(202) 619–3270.

Please send comments regarding the

paperwork reduction and information

collection requirements discussed in

section IV.B. of this preamble in writing

to: Joel Schaer, Regulations Officer,

Office of Inspector General, Room 5550

Cohen Building, 330 Independence

Avenue SW., Washington, D.C. 20201.

SUPPLEMENTARY INFORMATION:

I. Background

On November 5, 1992, we published

an interim final rule with comment

period establishing two new safe

harbors, and amending one existing safe

harbor, to provide protection for certain

health care plans, such as health

maintenance organizations (HMOs) and

preferred provider organizations (PPOs)

(57 FR 52723). The first new safe harbor

provision, set forth in § 1001.952(l),

protects certain incentives to enrollees

(including waiver of coinsurance and

deductible amounts) paid by health care

plans. The second new provision, set

forth in § 1001.952(m), protects certain

negotiated price reduction agreements

between health care plans and contract

health care providers. In addition, the

existing safe harbor addressing the

waiver of beneficiary coinsurance and

deductible amounts, codified in

§ 1001.952(k), was amended to protect

certain agreements entered into between

hospitals and Medicare SELECT

insurers.

These safe harbors set forth various

standards and guidelines that, if met,

allow specific business arrangements

and payment practices of certain health

care plans not to be treated as criminal

offenses under section 1128B(b) of the

Social Security Act (the Act) and not to

serve as a basis for a program exclusion

under section 1128(b)(7) of the Act. As

with the other safe harbor provisions

codified in § 1001.95 of the regulations,

these new safe harbors placed no

affirmative obligation on any individual

or entity.

Although the regulations were issued

in final form and became effective on

their date of publication, we indicated

in the preamble of that November 5,

1992 document that we were allowing a

60-day public comment period during

which time interested parties could

submit comments and concerns

regarding these safe harbors. An

additional 60-day extension to the

public comment period was published

in the Federal Register on January 7,

1993 (58 FR 2989).